SRILANKADRIVERGUIDES.COM | TERMS AND CONDITIONS
Revised JANUARY 2019
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully, before using
the https://srilankadriverguides.com/ website (the “Service”), operated by Paragon Digital Tourism Pvt. LTD. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
DRIVERS AND GUIDES: Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by https://srilankadriverguides.com/ or Paragon Digital Tourism Pvt LTD. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that Paragon Digital Tourism Pvt LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
TERMS AND CONDITIONS
This Agreement sets forth the Terms and Conditions between srilankadriverguides.com operated under Paragon Digital Tourism (Pvt) Ltd and users who use our services to purchase tours and travel services (“You”) from individuals who provide tours and travel related services (“Tour Guides, Tourist drivers and Drivers”). This Agreement explains how you purchase tours and travel services and specifically limits the liability of srilankadriverguides.com website operated and owned by Paragon Digital Tourism (Pvt) Ltd.
You must read this Agreement before using the Site and booking any form of trip, tour, transfers and/or holiday experiences. Use of the Site constitutes an agreement to all terms and conditions in this agreement and you warrant that you understand, agree to and accept all terms and conditions contained here.
Srilankadriverguides.com website connects Travellers with Tour Guides, Tourist Drivers, Chauffeur-Guides who are seeking to provide tours and travel related services in Sri Lanka. We do this through our website, srilankadriverguides.com (“Site”), which is a communications system that enables the connection between you and the transport suppliers, who are either Tour Guides with vehicles, tourist drivers or drivers who do transfers from Airport or from any other destination in Sri Lanka.
Travellers understand that the Tour Guides, tourist drivers and drivers presented on the Site are independent and free lance contractors (Third party suppliers) and that the Tour Guides, tourist drivers and drivers are NOT employees or agents of srilankadriverguides.com website, operated by Paragon Digital Tourism (Pvt) Ltd.
Travellers hereby understand and expressly agree that srilankadriverguides.com website DOES NOT control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Tour Guides, tourist drivers and drivers nor of the integrity, responsibility or any of the actions whatsoever of the Tour Guides, Tourist drivers and Drivers.
Srilankadriverguides.com uses its best efforts to monitor Tour Guides, tourist drivers and drivers’ profiles, service offerings, actions and comments, and suspend privileges to any transport and service suppliers not adhering to policies and Code of Conduct of srilankadriverguides.com. By using this Site, travellers agree to report any alleged improprieties of any Tour Guides to Srilankadriverguides.com immediately.
Travellers may seek the services of a Service Supplier (National Guide, Tour Guide, Tourist driver or driver) through the use of the Site. Once a Supplier has accepted Travellers’ request for service and payment has been processed, there is a binding contract between the traveller and/or Tourist and the Service Supplier (National Guide, Tour Guide, Tourist driver or driver). Once the travellers have purchased a tour or travel service, if there are any issues relating to the service that cannot be resolved directly with the Service supplier, we are not responsible of your agreements with the supplier.
Any issues arising during travellers part takings in Sri Lanka – such as if driver or guides assisted with hotel bookings, shopping, or when arranging additional tours, changing trip plans (not relating to cost as this should not change and drivers and guides must offer the advertised or agreed additional KM rate and of any issues arising in this aspect or if agreed availability changed by driver or guide we will be ready to help you), if customers require more than the initially agreed period his/her services etc – should be addressed directly with the driver or guide. Travellers agree to release us from such miscommunication, disagreements and responsibilities.
PAYMENTS and CANCELLATIONS
We provide online and Bank payment facilities to local Drivers and Tour Guides, to collect a 30% non refundable deposit on behalf of the driver/Tour Guide. For Peak Season Tours we require 50% non refundable deposits.
All costs related to the transaction (Bank Transfer fees or payment Gateway commission fees – 3.4%) must be paid by the traveller. Transaction fees must be added to the total deposit amount.
Balance payment must be done on arrival directly to the driver or to our Representative, before the commencement of the trip and after inspection of the vehicle.
You are strongly encouraged to obtain suitable Medical Insurance prior to booking a transport movement, transfer, tour or any activity or service of a driver or Tour Guide in Sri Lanka.
You are strongly encouraged to purchase a Travel Insurance prior to your travel to Sri Lanka, which covers trip cancellations: in case you have to cancel your holidays, the 30% deposit will not be refunded.
Before booking you are advised to see the driver or Guides code of conduct.
Refund Policies by Driver/Guide
In the event that the driver or Guide – after undertaking the transport or services – decides not to continue or if the customer decides not to continue the services of the driver or guides, we are not liable for such direct incidents arising between both parties. Please see the driver or guides Code of Conduct and you agree to comply by these code of conduct.
In the event the customer thinks the driver, tour guide or site guide has not been true to his/her profile and is able to prove this, and if you are feeling not fit or capable to continue the tour for misunderstandings, then the driver of Guide agrees to refund on the following basis as shown in in this example:
Taking a Transport movement and not being able to go through or complete the movement, due to issues between the driver or guide and the customer.
Please note this refund policy applies only for the use of time of the drivers or guides transport movements and not for any other service(s), as guiding, explanation, friendliness or comfort levels or trust levels etc… Direct transport effects can be: Air-Con, fuel, wear and tear, risky driving, time in the vehicle etc… (Transport time usage includes: wear and tear, driving time and air-con usage, fuel consumption and excluding risky driving such as not following road and traffic rules and driving under the influence of alcohol proven or threatening the passengers or any other form of unsafe habits by the driver)
Srilankadriverguides.com. is not responsible for any incidental expenses you may have incurred in reliance on the trip, transport, tour or travel services booked on the Site, including, without limitation, expenses arising from the purchase of visas, vaccinations, non-refundable flights, service regrets, transport quality regrets, comforts regrets, drivers and Guides Language levels, driver and guides misinformed information including language levels regrets and or false claims regrets, driver and guides behavioural issues including reckless driving and accidents including deaths, politeness , friendliness and kindness, and or of any loss of enjoyment or regrets.
Srilankadriverguides.com is not responsible if any tour, trip, Guide service (s), transport movement, transfer or excursions, is cancelled because of a ‘force majeure‘ event, you will receive a no refund of deposit paid to us or any balance paid to local travel and transport suppliers. For trips and excursions, this typically means such things as weather conditions preventing your daily activities and movements.
We won’t cover you if the reason for missing your coach or vehicle in a group or larger coach activity or any other group travelling transfers, excursions, trips, tours and transports is caused by your own actions or personal situation, for example if you deviate from the agreed-upon itinerary, become ill, get arrested etc.
You agree to indemnify and keep Srilankadriverguides.com website operated under Paragon Digital Tourism PVT Ltd, and any of Srilankadriverguides.com officers, directors and employees indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of our platform.
You agree to free, protect, indemnify, and hold Srilankadriverguides.com and its affiliates and companies, and their officers, directors, employees and agents, harmless from and against any claims, causes of action, liabilities, damage, demands, recoveries, losses, fines, penalties or other expenses of any kind or nature including but without Limitation to reasonable legal and accounting fees, brought by any person or third parties as a result of:
your use of this Website, Application, Services, or Collective Content or your violation of these Terms;
your Member Content;
your (a) interaction with any Users, (b) booking an experience, or (c) creating a Listing;
your breach of this Agreement or the documents referenced herein;
the use, condition or booking of an experience by you, including but without limitation to any damages, losses, or Injuries of any kind arising in connection with or as a result of a a booking of a tour guide, driver, tourist driver, Site guide or use of an experience; and Your participation in the trip, tour, holiday, transfers, excursions, activities, or any other Program.
Acceptance of Risk and Waiver of Liability
Travellers acknowledge that all travel involves an element of risk and that some transports, movements, tours, activities and services may be adventurous in nature and may involve a significant amount of personal risk. You hereby assume all such risk and You, your estate, your family, heirs and assigns hereby release Paragon Digital Tourism Pvt Ltd and the operations of Srilankadriverguides.com and the drivers, Guides and transport travel service suppliers from all claims and causes of action whatsoever arising from any injury, death or other damages, both financial and non-financial, to You that may occur as a result of your participation in the tours, trips, excursions, transfers and or guides service (s) offered on the site or as a result of the negligence of any party, including the Tour Guide or any employee, officer, agent, contractor or assign of Srilankadriverguides.com, whether such negligence is passive or active.
Please also see the driver or Guides code of conduct.
Prior to tour commencement, the driver or Tour Guide or service supplier may ask You to sign a Liability Release and you agree to sign this document if needed, if you need to view this, before booking you must request us to send the liability release form with your invoice.
We urge you to exercise caution if you purchase any goods during your tour. Neither Srilankadriverguides.com website operated by Paragon Digital Tourism Pvt. Ltd. or the suppliers make any claims about the quality, source or other provenance of any goods which may be available for purchase.
The Site may not be used to recruit, solicit, or contact any Service suppliers such as Tour Guides, National Guides, transports Suppliers or excursion suppliers for employment or contracting for a business not affiliated with Srilankadriverguides.com unless you first obtain express written permission from Srilankadriverguides.com.
Information Provided by Suppliers
You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Site. Srilankadriverguides.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided to us by You.
Srilankadriverguides.com may use in the near future a third party service to process credit card information, therefore we have no access to your credit card information.
Modification of the Terms of this Agreement
Srilankadriverguides.com reserves the right to make changes to this Agreement from time to time. Srilankadriverguides.com shall provide notice to You of any substantive and/or material changes to this Agreement or any policies posted on the Site by posting such changes on the Site.
Terms of Agreement
This Agreement will become effective immediately upon your use of the Site and shall remain effective unless terminated by either party as provided here. Either party may terminate this Agreement by providing the other with written or email notice of such termination which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Srilankadriverguides.com may terminate this Agreement immediately for any breach by you of this Agreement or any applicable policy of Srilankadriverguides.com as posted on the Site from time to time. In the event of termination or expiration, the following sections shall survive: Section General; Section Acceptance of Risk and Waiver of Liability; Information Provided by You; Term of Agreement; Intellectual Property Rights; Notice of Trademark Rights; Disclaimer of Warranties (Limitation of Liability); Legal Claims and Miscellaneous Provisions).
Should You violate the terms of this Agreement, Srilankadriverguides.com reserves the right, without prejudice to any other rights or remedies available to Srilankadriverguides.com, to terminate your use of this Site immediately at its sole discretion.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read on the Site is owned by Paragon Digital Tourism Pvt. Ltd. or is used with the owners and suppliers permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use redesign, reconfigure, or re-transmit anything from the Site without the prior written permission of Srilankadriverguides.com or Paragon Digital Tourism Pvt Ltd.
Notice of Trademark Rights
The service marks and trademarks Srilankadriverguides.com and the Srilankadriverguides.com logo are service marks owned by Paragon Digital Tourism Pvt Ltd in operations of Srilankadriverguides.com. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of Srilankadriverguides.com or the applicable owner, Paragon Holidays Pvt Ltd.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. SRILANKADRIVERGUIDES.COM, OPERATED AND OWNED BY PARAGON DIGITAL TOURISM PVT LTD DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
Under no circumstances will PARAGON DIGITAL TOURISM PVT LTD OPERATED Srilankadriverguides.com be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the Site.
Any notice or other communication to be given here under will be in writing and given by facsimile, post-paid registered or certified mail return receipt requested, or electronic mail.
For all disputes between Srilankadriverguides.com website and You relating to the Site, this Agreement, transactions facilitated or conducted through the Site, tours and travel services ordered or purchased through the Site, dealings between You and Srilankadriverguides.com, or any related matters (“Disputes”), the parties will attempt to find the least onerous solution to the Dispute. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the courts Democratic Socialist Republic of Sri Lanka, and you hereby irrevocably submit and attorney to the exclusive jurisdiction of the courts of the Democratic Socialist Republic of Sri Lanka, in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the Democratic Socialist Republic of Sri Lanka, within three (03) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorised in writing by the party to be bound.
If you have any questions about these Terms, please contact us.