General Terms and Conditions

1. Scope

1.1 These General Terms and Conditions govern all bookings and accomodation contracts made with Villa Lanka Pearl (Pvt.) Ltd.. You accept these General Terms and Conditions yourself and on behalf of all members of your party whether you are booking as a guest or on behalf of others. The following General Terms and Conditions shall be applicable, unless something different is expressly agreed in writing between the parties. These General Terms and Conditions shall not exclude special agreements and shall apply subsidiarily to special agreements made in individual cases.

1.2 The subject matter of the Accommodation Contract is the accommodation and catering of guests for consideration, as well as the operation of Ayurveda and/or Wellness cures, Yoga lessons and meditation for guests, all of this at the Villa Lanka Flair beach hotel in Balapitiya, Sri Lanka.

2. Definitions

"Accommodation Provider": Villa Lanka Flair (Pvt.) Ltd., a company duly incorporated in the Democratic Socialist Republic of Sri Lanka under the Companies Act No. 07 of 2007, registered under registration number PV 00368670, with its registered office at No. 32, Opposite Nayaka Temple Road, Wellabada, Balapitiya, Sri Lanka, which, in each case for consideration, accommodates, caters and provides Ayurveda cures, yoga lessons and meditation for guests at its beach hotel in Balapitiya.

"Guest": Is an individual who makes use of accommodation and/or other services for consideration (such as catering/providing meals, Ayurveda cures, yoga and meditation) at the beach hotel of Villa Lanka Flair (Pvt.) Ltd. in Balapitiya. Usually the Guest is also the Contractual Partner, but the Contractual Partner and the Guest need not necessarily be the same person. Persons who travel with the Contractual Partner (e.g. family members, friends, etc.) are also considered Guests.

"Contractual Partner": Is a natural or legal person, domestic or foreign, who concludes an Accommodation Contract with Villa Lanka Flair (Pvt.) Ltd. as a Guest or for a Guest.

"Accommodation Contract": Is the agreement made between the Accommodation Provider and the Contractual Partner, the content of which is regulated in more detail below. If the parties agree upon the Accommodation Contract may also include special services of the Accommodation Provider, such as the organisation and conduct of day trips and multi-day round trips in Sri Lanka, as well as the provision of transport services by motor vehicle (e.g. airport transfers).

3. Conclusion of the Accommodation Contract – Down Payment

3.1 The Accommodation Contract shall be deemed entered into upon the acceptance of the Contractual Partner's order by the Accommodation Provider. Electronic declarations shall be deemed received when they can be collected by the party to which they are addressed under normal circumstances provided that they are received during the Accommodation Provider's published business hours.

3.2 The Accommodation Provider shall be entitled to enter into the Accommodation Contract under the condition that the Contractual Partner makes a down payment. In such event, the Accommodation Provider shall be obliged to inform the Contractual Partner of the required down payment before accepting the Contractual Partner's written or oral order. If the Contractual Partner agrees to the down payment (in writing or orally), the Accommodation Contract shall be deemed entered into upon the receipt of the Contractual Partner's declaration of consent on the down payment by the Accommodation Provider.

3.3 The Contractual Partner shall be obliged to pay the down payment no later than seven days (counted from the date of receipt) before the accommodation. The costs of the money transaction (e.g. transfer fees) shall be borne by the Contractual Partner.

3.4 The down payment shall be deemed a partial payment towards the agreed price.

3.5 The Accommodation Provider shall be entitled to refrain from agreeing a down payment. If the Accommodation Provider does not require a down payment, in such event the Accommodation Contract shall be deemed entered into when the Accommodation Provider electronically sends the Contractual Partner its declaration accepting the Contractual Partner's order/booking.

4. Beginning and End of Accommodation

4.1 Unless the Accommodation Provider offers a different check-in time, the Contractual Partner shall be entitled to occupy the rented room from 3:00 p.m. on the agreed day ("Arrival Day").

4.2 If a room is occupied for the first time before 6:00 a.m., the preceding night shall be deemed the first night of accommodation.

4.3 The rented room shall be vacated by the Contractual Partner (or the Guest, if the guest is not the Contractual Partner) by 11:00 a.m. on the day of departure. The Accommodation Provider shall be entitled to charge for an additional day if the rented room has not been vacated on time.

5. Rescission of the Accommodation Contract – Cancellation Fee

5.1 If the Accommodation Contract provides for a down payment and the down payment has not been made in time by the Contractual Partner, the Accommodation Provider may rescind the Accommodation Contract without granting any grace period.

5.2 If the Guest fails to arrive by 6:00 p.m. on the agreed date of arrival at the hotel, the Accommodation Provider shall not be obliged to provide accommodation, unless a later arrival time has been agreed upon.

5.3 If, however, the Contractual Partner has made a down payment in time (see 3.3), the room shall be deemed reserved until 12:00 noon at the latest on the calendar day following the agreed Arrival Day.

5.4 Unless otherwise agreed upon in writing the Accommodation Provider my rescind the Accommodation Contract for objectively justified reasons by means of unilateral declaration addressed to the Contractual Partner by 3 months at the latest before the agreed arrival date of the Guest.

5.5 The Contractual Party may rescind the Accommodation Contract by means of an unilateral declaration in writing by 3 months at the latest before the agreed arrival date of the Guest upon payment of a cancellation fee of EUR 50.00 .

5.6 Outside the period specified in 5.5, the Contractual Partner may only rescind the Accommodation Contract by means of an unilateral declaration subject to the following cancellation fees:

– by 1 month before the agreed Arrival Day: 40% of the total agreed price/remuneration;

– by 1 week before the agreed Arrival Day: 70% of the total agreed price/remuneration;

– from the beginning of the last week before the agreed Arrival Day: 100% of the total agreed price.

6. Provision of Alternative Accommodation

6.1 The Accommodation Provider may provide the Contractual Partner or the Guest with adequate alternative accommodation (of equivalent quality) if this is reasonable for the Contractual Partner, particularly if the difference is insignificant and objectively justified.

6.2 An objective justification shall, for example, be deemed given if the room(s) has (have) become unusable, guests that have already been accommodated prolong their stay, the establishment is overbooked or this becomes necessary due to other important operational activities.

6.3 Any additional expenses for the alternative accommodation shall be paid by the Accommodation Provider.

7. Rights of the Contractual Partner

7.1 By entering into an Accommodation Contract, the Contractual Partner shall acquire the right to make normal use of the rented rooms and the facilities of the accommodating establishment that are usually accessible to the guests for use without any special conditions and of the usual service. The Contractual Partner and the Guest shall exercise their rights in accordance with any applicable hotel and/or guest regulations (rules of the house), available in a folder in the guest-room.

8. Obligations of the Contractual Partner

8.1 The Contractual Partner shall be obliged to pay the agreed price/remuneration in Euros at the latest upon arrival at the hotel. Cashless payment by credit or debit card is excluded. Any additional amounts plus any applicable VAT, which have arisen from the use of special services by the Contractual Partner and/or the Guests during the stay, shall be settled verifiably in Euros before the Guest’s departure at the latest.

8.2 The Accommodation Provider shall not be obliged to accept payments in currencies other than Euros. If the Accommodation Provider accepts other currencies, such shall be accepted at the current price if possible and, where practicable, at the daily exchange rate. The Contractual Partner and the Guest shall pay all associated costs.

8.3 The Contractual Partner and the Guest shall be liable to the Accommodation Provider for any damage caused by the Contractual Partner, the Guest or other persons who receive services of the Accommodation Provider with the knowledge or in accordance with the intention of the Contractual Partner and/or the Guest.

9. Rights of the Accommodation Provider

9.1 If the Contractual Partner refuses to pay the agreed price/remuneration or is in arrears with it, the Accommodation Provider shall be entitled to retent the items brought along by the Contractual Partner and/or the Guest. The Accommodation Provider shall furthermore be entitled to this right of retention to secure its claims arising from or in connection with the Accommodation Contract, in particular for expenses made on behalf of the Contractual Partner and/or the Guest such as medical aid or for any kind of damage claims.

9.2 If cleaning of the Guest’s room is requested at unusual times of day (after 8:00 p.m. and before 8:00 a.m.), the Accommodation Provider is entitled to charge a special fee for this. The Accommodation Provider may also refuse such unusual services for operational reasons.

9.3 The Accommodation Provider shall be entitled to issue invoices or interim invoices for its services at any time.

10. Obligations of the Accommodation Provider

10.1 The Accommodation Provider shall be obliged to provide the services to an extent corresponding to the standard typical of the country and in customary quality.

11. Liability of the Accommodation Provider for Damage to Items Brought In

11.1 The Accommodation Provider may not be held liable at all for items such as valuables and personal documents brought along by the Contractual Partner and/or the Guest, such as cash, jewellery (e.g. rings, necklaces, gemstones), credit cards and other cashless means of payment, travel documents, identity documents, mobile phones and other electronical devices or watches. It is highly recommended that valuables and documents be kept exclusively in the room safe and that the room safe always be kept locked. The room safe is located in the wardrobe and can be opened and locked by entering a four-digit numeric code of the Guest's choice and then pressing the star key. It is recommended that the numeric code be kept strictly secret and that the hotel management be contacted immediately in the event of a malfunction of the safe. Any liability of the Accommodation Provider for works of art brought along by the Guest shall be excluded at all.

11.2 To prevent unauthorised access to a guest room, the access corridors to the guest rooms and certain other areas of the hotel complex intended for general use are monitored by cameras. In the event of the loss of personal belongings, it is highly recommended that the hotel management be contacted immediately so that the video recordings of the camera system can be used to determine whether an unauthorised person has gained access to the room. The Guest's consent to the monitoring of the hotel complex by cameras shall be deemed expressively given.

11.3 The Accommodation Provider may not be held liable for slight negligence. If the Contractual Partner is an entrepreneur, the Accommodation Provider may not be held liable also for gross negligence. The burden of proof to show the fault shall lie with the Contractual Partner. Any fault of the Contractual Partner or Guest shall be taken into account. Consequential or indirect damages and lost profits shall in no case be subject of compensation or reimbursement by the Accommodation Provider. The Accommodation Provider may not be held liable at all for personal injury and/or property damage, if the damaging event takes place outside the hotel's premises (e.g. at the public beach or in the sea).

11.4 In each event of injury or deposition, the Accommodation Provider’s liability shall be excluded if the Contractual Partner and/or Guest fails to immediately notify the Accommodation Provider of the occurred damage after becoming aware of it. Furthermore, such claims shall be asserted in court within three years from their knowledge or possible knowledge to the Contractual Partner or Guest; otherwise the right shall become extinct.

12. Prolongation of Accommodation

12.1 The Contractual Partner and/or the Guest may not claim for a prolongation of the accomodation. If the Contractual Partner announces its wish to extend the stay in good time, the Accommodation Provider may agree to the extension of the Accommodation Contract. However, the Accommodation Provider shall not be obliged to do so.

12.2 If the Contractual Partner or the Guest is prevented from leaving the accommodating establishment on the agreed day of departure because all means of departure are blocked or unusable due to unforeseeable extraordinary circumstances, the Accommodation Contract shall automatically be deemed extended for the duration of such prevention from departure. The remuneration to be paid for this period may only be reduced if the Guest is unable to make full use of the services offered by the accommodation establishment as a result of extraordinary weather conditions. The Accommodation Provider shall be entitled to demand the price that corresponds to the price usually charged.

13. Termination of the Accommodation Contract – Early Cancellation

13.1 If the Accommodation Contract has been made for a definite term, it shall end upon expiry of such term.

13.2 If the Guest leaves prematurely, the Accommodation Provider shall be entitled to charge the full agreed price/total agreed remuneration. The Accommodation Provider shall deduct anything saved due to the failure to use its scope of services or maintained by letting the booked room to other guests. Such saving shall only be deemed to exist if the capacities of the accommodating establishment are fully used upon the Guest's failure to use the booked room and the room can be let to other guests due to the cancellation or premature departure by the Guest. The burden of proof to show that saving has been made shall lie with the Contractual Partner.

13.3 The Accommodation Contract with the Accommodation Provider shall become extinct upon the death of the Guest.

13.4 The Accommodation Provider shall be entitled to terminate the Accommodation Contract with immediate effect for good cause, in particular if the Contractual Partner or the Guest

13.4.1 makes significantly adverse use of the rooms or other parts of the hotel establishment, or, through ruthless, offensive or otherwise highly improper conduct, makes their stay intolerable for the other guests, the staff or the owner's family members, or commits an act against property, morality, honour or physical safety towards these persons that is subject to penalty;

13.4.2 suffers of a contagious disease or a disease the duration of which exceeds the term of accommodation or otherwise is in need of care;

13.4.3 fails to settle the invoices presented when they become payable within 24 hours.

13.5 If the performance of the Accommodation Contract becomes impossible due to circumstances to be deemed events of force majeure (e.g. natural disasters, strikes, lockouts, official orders, etc.), the Accommodation Provider may terminate the Accommodation Contract at any time without giving prior notice, unless the contract is already deemed terminated by law or the Accommodation Provider is released of its obligation to accommodate the Guest. Any claims of the Contractual Partner or the Guest for damages or for reimbursement of expenses caused thereby shall be excluded.

14. Illness or Death of the Guest

14.1 If a Guest falls ill during their stay at the accommodating establishment, the Accommodation Provider shall arrange medical care at the Guest's request. If there is imminent danger, the Accommodation Provider shall arrange medical care even without a specific request from the Guest, in particular if this is necessary or appears necessary and the Guest is not able to do so themselves.

14.2 As long as the Guest is not able to make decisions or it is not possible to contact the Guest's family, the Accommodation Provider shall arrange medical treatment at the Guest's expense. However, the scope of these care measures shall end at the point in time at which the Guest is able to make decisions or the relatives have been notified of the illness.

14.3 The Accommodation Provider shall be entitled to damages and reimbursement from the Contractual Partner or the Guest or, in the event of death, their legal successors for the following costs and expenses:

a) unsettled medical fees, costs of patient transport, medication and medical aids

b) room disinfection that has become necessary,

c) laundry, bed linen and bed furnishing that have become unusable, otherwise for the disinfection or thorough cleaning of all these items,

d) restoration of walls and/or furnishings, insofar as these have been contaminated or damaged in relation with the illness or death,

e) room rent, provided that the room has been occupied by the Guest, plus any days during which the rooms are unusable due to disinfection, cleaning or similar,

f) any other damage incurred by the Accommodation Provider.

15. Place of Performance, Place of Jurisdiction and Choice of Law

15.1 The place of performance shall be the place where the accommodation establishment is located.

15.2 These Terms and Conditions shall be governed by the adjective and substantial law of the Democratic Socialist Republic of Sri Lanka, under exclusion of the provisions of international private law, particularly the UN Convention on Contracts for the International Sale of Goods.

15.3 The exclusive place of jurisdiction shall be the registered seat of the Accommodation Provider; however, the Accommodation Provider shall also be entitled to assert its rights before any other court that is competent for the location and matter.

16. Miscellaneous

16.1 Unless otherwise specified in the above provisions, any time limits shall start upon the document by which such time limit is instructed being delivered to the Party that must comply with the time limit. When calculating a time limit based on days, the day of the moment or event to which the start of the time limit refers shall not be included in the calculation. Time limits based on weeks or months shall refer to the day of the week or month that corresponds to the day starting from which the time limit is to be counted according to its name or number. If the relevant month lacks such day, it shall be replaced with the last day of such month.

16.2 Any declarations shall be received by the other party by the last day of the time limit (12.00 midnight).

16.3 The Accommodation Provider shall be entitled to offset any of its claims against claims of the Contractual Partner. The Contractual Partner and the Guest shall not be entitled to offset any of its claims against claims of the Accommodation Provider unless the Accommodation Provider is insolvent or the Contractual Partner's claim or the Guest's claim has been established by a court or acknowledged by the Accommodation Provider.

16.4 If any gaps arise in relation with the Agreement, the applicable legal provisions shall apply.

16.5 These General Terms and Conditions are published on the Accommodation Provider's webpage “www.villalankaflair.com” in both German and English languages. In the event of any discrepancies, contradictions, or inconsistencies between the German version and the English translation, the German version shall prevail and be legally binding.