Terms and Conditions
1. Contracting Parties
These Terms and Conditions are legally binding between the traveler(s) and Esna Holidays(Private) Ltd., herein after referred to as “Esna”.
2. Acceptance of these terms
PLEASE NOTE: Acceptance of a quotation from Esna constitutes acceptance of these Terms and Conditions which take effect as soon as Esna issue you with a confirmation.
All accommodation, room type(s) and specification are as shown in the itinerary.
Meals are as shown in the itinerary.
Transfers are provided on arrival and departure from airport to hotel and return only where specified in the itinerary.
Accommodation and arranged sightseeing are subject to change at any time due to unforeseen circumstances or circumstances beyond Esna’s control. Every effort will be made to operate tours as planned, but alterations may occur after the final itinerary has been issued. Esna also reserves the right to withdraw a tour or any part of it, to make such alterations to the itinerary or the tour inclusions as it deems necessary or desirable, and to pass on to tour members any expenditures or losses caused by delays or events beyond its control.
In case of any appreciable variation in the tour price due to these circumstances, Esna reserves the right to make adjustments to the tour costs as necessary.
7. Special Requests
Specific requests should be advised at time of booking. Please note that every effort will be made to secure special requests, however; they cannot be guaranteed.
Transportation will be as specified in the itinerary.
Esna provides handling of baggage only as specified in the quotation. Weight restrictions for baggage on some routes on internal/domestic flights may apply; details of which will be provided with pre-tour documentation. Baggage and personal effects are at the owner’s risk throughout the tour and Esna assumes no liability for lost or damaged baggage. Baggage insurance is strongly advised.
Please check with your international carrier for other baggage restrictions applicable to your international flight.
10. Taxes & Gratuities
Hotel taxes as imposed by city and state governments are included. Airport taxes are included where specified in the itinerary.
Gratuities for guides, drivers, porters, camp staff, ship crew and Tour Managers are not included and are at the discretion of the traveller.
The cost of obtaining passports, visas, excess baggage charges, items of a personal nature such as drinks, laundry, telephone calls, fax charges and excess baggage charges unless expressly included in writing, are not included in the tour price.
12. Prices & Arrangements
The tour price includes planning, handling and operational charges and is quoted based on the current rates of exchange and tariffs. Entrance fees as part of scheduled sightseeing tours are also included in this price. This price is subject to revision in line with significant changes in foreign currency, tariff rates, taxes etc.
Esna reserves the right to take photographs during the operation of any program or part thereof and to use them for promotional purposes. By booking a program with Esna, travellers agree to allow their images to be used in such photographs. Travellers who prefer that their images not be used are asked to identify themselves to Esna prior to final payment and they will be exempted from this photography waiver clause.
The use of drones for photography, or any other purpose, is forbidden on any Esna trip unless permission has been previously sought from, and granted by, Esna.
14. Descriptions & Imagery
All photographs, imagery and descriptions used by Esna online and within promotional documentation have been included with the intention of presenting a true and accurate reflection of your holiday destination. However, due to circumstances beyond our control, it is foreseeable that some destinations will change in appearance throughout the year and so may appear to have varied at the time of your stay. eg. due to adverse weather. Esna will of course make every attempt to notify you in advance of your trip as to whether such instances have had any effect on the accommodation or its surroundings if we are made aware of the same, however cannot be held liable in this regard.
15. Surveillance & Security
Please note that in some properties surveillance cameras and security equipment may be installed inside and/or outside the property, which may have the capability to remotely monitor or record images and/or sound. If you have any concerns or issues with this, you must inform our team before your trip.
Some activities may be pre-booked by Esna however, should you wish to participate in other or additional activities we strongly advise that you book in advance so as to avoid disappointment.
Some activities, most notably those which are boating and water related, are subject to weather and water levels. Esna cannot be held responsible should such activities be amended and/or cancelled as a result of such matters, over which Esna have no control.
A non-refundable deposit is required at the time of booking. The deposit amount will be specified at the time of booking; however it is normally 10% of the tour price.
The remainder of the tour cost is payable on the date shown on your quotation, normally 60 days prior to departure. If the reservation is made after this date, the entire tour price must be paid at the time of confirmation.
18. Payment Methods
Payments may be made by the following methods:
- Credit card
- Bank transfer
Esna cannot guarantee that all payment methods will be accepted and Esna will therefore advise of the most suitable payment method at the time of deposit.
18.1 For payment by credit card a bank stipulated service fee of 2.7% of the invoice value is payable.
18.2 Travellers are liable for all bank and related transaction charges.
All cancellations must be received in writing by your Esna Tour Consultant
19.1 Unless otherwise specified in your quotation, the following cancellation terms will apply to your booking:
19.1.1 Cancellations received between the date of booking and 61 days prior to departure will result in the loss of the deposit.
19.1.2 Cancellations received 60 – 46 days prior to departure will be subject to a cancellation charge of 25% of the tour price.
19.1.3 Cancellations received 45 – 29 days prior to departure will be subject to a cancellation charge of 50% of the tour price.
19.1.4 Cancellations received 28 – 15 days prior to departure will be subject to a cancellation charge of 75% of the tour price.
19.1.5 Cancellations received 14 days or less prior to departure will be subject to a forfeiture of the entire tour price.
19.2 Cancellation of airline tickets will be subject to the refund policy of each individual airline and may be greater than the percentages above particularly when low cost/net-based fares are used.
19.3 The purchase of special event tickets is subject to the refund policy of each individual event. Please refer to the specific event policy for details.
19.4 Esna reserve the right to charge for financial penalties, fees and losses incurred in excess of your cancellation fee as a result of cancellation.
20. Cancellation by Esna
We reserve the right in any circumstances to cancel your holiday for any reason. However, we will not cancel your hotel arrangement less than 60 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If you fail to pay the balance of the holiday price at least 60 days before departure, Esna will treat your booking as cancelled and levy the cancellation charges set out in clause 19. If Esna is obliged to cancel your holiday in any other circumstances before departure, Esna will use its best endeavors to offer alternative arrangements of equivalent or very closely similar standard and price, if available; travel arrangements of a lower standard and a refund of the difference in price; or will give you a full and prompt refund of all monies paid.
21. Force Majeure
21.1 Force majeure means unusual and unforeseeable circumstances beyond Esna’s control or the control of our suppliers, the consequence of which neither Esna nor its suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers.
21.2 In the event of a cancellation or material alteration to the trip as a result of the circumstances as described in this clause Esna may in their sole and absolute discretion:
a) offer the traveller(s) alternative travel arrangements or products of comparable standard as may be appropriate in the circumstances; or
b) if alternative travel arrangements or products are not offered by Esna, Esna will make a prompt proportional refund of monies paid by the traveller
21.3 Esna may charge a reasonable fee to cover the administration costs associated with providing alternative travel arrangements or products.
22. Claims & Refunds
Refunds are not made for any missed services, except for verifiable extenuating circumstances. Please see our LIMITS ON ESNA’S RESPONSIBILITY clause below. For verifiable claims to be considered, they must be received in writing within 30 days of the termination of the program. Any adjustment considered will be based on the actual price of the services involved and not on a per diem basis. Adjustments will not be made for unused sightseeing trips or meals. Esna will not accept any liability for any claims that are not received within 30 days of the termination of your program. All claims for days missed while travelling should be made in writing within 30 days of the program. Any payment made by Esna, either by way of refund or as the result of a successful claim, will be limited to, and not exceed, the sums retained by Esna in respect of the related booking.
23. Limits of Esna's Responsibilities
Esna Holidays (Private) Ltd., its employees, shareholders, officers, directors, successors, agents and assigns (collectively Esna), does not own or operate any entity which is to or does provide goods or services for your trip with the exception of a limited number of vehicles. It purchases transportation (by aircraft, coach, train, vessel or otherwise), hotel and other lodging accommodations, restaurant, ground handling and other services from various independent suppliers (including from time to time other affiliated Esna Holidays companies). All such persons and entities are independent contractors. As a result, Esna is not liable for any negligent or willful act of any such person or entity or of any third person.
In addition and without limitation, Esna is not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection to the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labour activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transport mechanism to arrive or depart on time.
There are many inherent risks in adventure travel of the type involved here, which can lead to illness, injury or even death. These risks are increased by the fact that these trips take place in remote locations, far from medical facilities.
If you decide to participate in any activities including, but not limited to, any excursions involving animals, riding on animals, SCUBA diving, snorkelling, boating, hot air ballooning, zip-lining, high altitude treks, climbing, quad biking, para sailing, parachuting, kayaking, white-water rafting, primate tracking and any activity which Esna considers to carry inherent risks of serious illness, injury or death (“Activities”) then you fully understand and acknowledge that Activities carry with them various inherent risks, including serious illness, injury or death and you take complete responsibility for your own health and safety and agree to assume all risks of injury, illness or death, whether foreseen or unforeseen that may befall you as a result of participating in any Activities and agree to release Esna and its affiliates, their agents, employees and representatives from any liability whatsoever related thereto, to the fullest extent permitted by law.
Further, as consideration for being permitted to participate in the Activities, you release Esna, whether known or unknown, from, and agree not to sue or make claim against Esna for property damage, cancellation of any activities for any reason, illness, negligent rescue operations or procedures, personal injury or death arising from your participation in the Activities, and any activity related thereto, including transportation to and from the site of the Activities, regardless of whether such property damage, illness, personal injury, or death results from the negligence of Esna (but not its reckless, wilful, or fraudulent conduct) and/or from any defect in equipment. You further agree to indemnify and hold Esna harmless with respect to any claim made against Esna by anyone else which a) related to your participation, or b) would be subject to the above release and covenant not to sue if you had made this claim directly yourself.
24. Health Precautions
Please ensure that you consult your personal physician about anti malaria precautions and other inoculations and vaccinations before travel. Where applicable, please ensure that whilst travelling you carry a valid Yellow Fever certificate.
25. Travel Advisories / Warnings
It is the responsibility of travellers to become informed about the most current travel advisories and warnings by referring to their respective government agencies. In the event of an active State Department or government agency Travel Warning against travel to specific destination location(s) of the trip, should the traveller still choose to travel, notwithstanding any travel advisory or warning, the traveller assumes all risk of personal injury, death or property damage that may arise out of the events like those advised or warned against.
26. Travelers Representation
If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
27. Air Transportation
AIR TRANSPORTATION: Airlines concerned are not to be held responsible for any act, omission or event occurring while passengers are not on board their aircraft. International air carriers are also subject to international air conventions limiting their liability. These limitations of liability are explained on the e-ticket or on the reverse of the airline ticket and when issued, this constitutes the sole contract between the respective air carrier(s) and their passengers.
Airlines overbook all flights! We therefore recommend that you check in online as soon as online check-in is made available by the airline. If you do not book in online, or for any reason are unable to do so, we recommend that you are at the airport to check in 3 hours prior to departure as airlines may re-allocate seats in the event of late check-in and arrivals. Esna is unable to check you in and it is your responsibility to ensure you are checked in within the appropriate time. Esna is neither responsible nor liable if you are downgraded an airline class as a result of the airline overbooking the class in which you are booked. Seat reservations are at the discretion of the airline and may be changed at any time without notice.
CRUISES/CHARTERS: If you are scheduled to partake in a cruise or charter it is your responsibility to ensure that you are aboard the vessel no later than 60 minutes before the scheduled sailing time. Esna is neither responsible nor liable if you fail to board the vessel in good time and suffer any loss as a result. Furthermore, refunds will not be given for any days which are missed as a result of such failure, or for clients who choose to leave the Cruise prematurely for any reason.
28. Passport & Visa
Please note that passport holders are responsible for obtaining the required documentation applicable for entry. Please note also that passports must be valid for at least six (6) months after completion of your journey and should also have sufficient blank pages for visas and immigrations stamps. Esna cannot be held responsible should you be denied entry to a country due to non-compliance with these requirements.
29. Traveling with Children
We recommend that if you are travelling with a child that does not share your surname, in order to minimise the possibility of disruption to your travel plans, you travel with documentation that proves your relationship to the child as well as documentation that proves you have permission to travel with them. Esna cannot be held responsible should you or any member of your travelling party be denied entry to a country due to non-compliance with these requirements. Should you require further specific information ahead of travel, please visit https://www.gov.uk/foreign-travel-advice.
Due to the nature of some of the excursions and activities involved in Esna trips, minimum age requirements are in place at some destinations. Additionally, some accommodations require that children below a certain age share a room with an adult. Such circumstances vary and will be specified within your itinerary, ahead of travel, and at the time of booking.
30. Travel Insurance
Esna strongly recommend all clients take out comprehensive travel insurance prior to date of travel. This insurance should cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability and travel document insurance.
31. Arbitration Agreement
Any claim arising out of or relating to these Terms and Conditions, to the Limits on Esna’s Responsibility clause, to the brochure, to any information relating in any way to the trip, to the trip itself or to any products or services related to the trip, shall be settled in the first instance by binding arbitration in the applicable legal forum as detailed in clause 32 of these Terms and Conditions. In lieu of a personal appearance at arbitration the arbitration may be conducted by telephonic means. Arbitration is the exclusive forum in the first instance for dispute resolution and except as otherwise provided by statute, each party shall bear its own costs and expenses and an equal share of the arbitrator and administrative fees.
32. Applicable Law & Forum
This agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by the laws of Sri Lanka. It is agreed between Esna and the travellers that all lawsuits against Esna arising under, in connection with, or incidental to the tour shall be filed, if at all, in the courts of Sri Lanka to the exclusion of the courts of or in any other country or jurisdiction.