Booking Terms and Conditions

Booking Terms & Conditions

Our Booking Terms & Conditions, as may be amended from time to time, apply to all our services directly or indirectly.

1. Our contract

All bookings are made between the Participant (you) and Foozoo Infinite Travels (Private) Limited (us/we/). By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

2. Validity

All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance with clause 5 . Changes, revisions, or other amendments may be made to the particulars contained in any brochure or on our website at www.foozootravel.com (Website), either before or after a Contract is concluded, and such changes, revisions or amendments shall be incorporated as of the date of such amendment.

3. Payment requirement

You are required to pay the full amount per trip for your booking to be confirmed. Please refer to paragraph “7. Cancellation by the traveller” for our refund policy in case of a cancellation. An exception can be made upon request for trips that commence no earlier than 4 months from the date of booking. Please contact us on [email protected] for the booking terms and conditions of such trips.

4. The booking process

If we accept your booking we will issue a confirmation invoice.  A contract will exist between us from the date we issue the confirmation invoice or if you book within 7 days of departure the contract will exist when we accept your payment.

If there is more than one person travelling with the Lead Participant, the Lead Participant, confirms that they are deemed to have authority to book and accept these Terms on behalf of all of the people in the Group, including minors and those under a disability (collectively the Participants, and individually a Participant), and that:

  1. They are the designated contact person.
  2. They have communicated all necessary information to the other Participants.
  3. The information that they provide regarding all Participants is complete and accurate, and that they have permission to share such information with us.
  4. They will inform all other named Participants of the applicability of these Terms.
5. Prices & surcharges

Our trip prices can be subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Once you have received a quote the price will be locked in provided you pay the required amount prior to the quote’s expiry. Any reduced pricing or discounts that may become available after you have booked will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. Note that prices may vary depending on which currency the booking is made. We reserve the right to impose surcharges up to 56 days before departure due to unfavourable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so.  In such instances we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Air Passenger Duty, where applicable, is included in the price of your air inclusive trip. Please note that a surcharge may be applied to all purchases made by credit card.

6. Your details

In order for us to confirm your travel arrangements you must provide all requested details when making the booking. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. On some more demanding trips we also require you to complete and forward a Self-Assessment form. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.

7. Cancellation by the Participant

If you cancel some or all portions of your booking cancellation fees will apply.  A cancellation will only be effective when we receive written confirmation of the cancellation.  If you cancel a trip:

  1. 90 days or more prior to departure, we will refund you 50% of the amount.
  2. 31 to 90 days prior to departure, we will refund you 25% of the amount.
  3. 30 days or less prior to departure, we will retain 100% paid by you in connection with the booking.

You are advised to take out cancellation insurance at the time of booking which will cover cancellation fees.  If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services.  If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.

8. Cancellation by us

We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a full refund.  In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non- refundable flights.

9. Booking amendments

If you wish to transfer from one trip to another please get in touch with us and we will try to facilitate your requests whenever possible. However, the decision of such facilitation is in our sole discretion and we reserve the right to turn down such requests without further explanation. In the case that we are unable to facilitate your request, the cancellation conditions apply as outlined in paragraph “7. Cancellation by the traveller”.

10. Inclusions

The price of your trip includes:

  1. All accommodation as listed in the itinerary.
  2. All transport listed in the itinerary.
  3. Sightseeing and meals as listed in the itinerary.
  4. The activities as described in itinerary.
  5. A Tour Manager if not stated otherwise.
11. Exclusions

The price of your trip does not include:

  1. International or internal flights unless specified.
  2. Meals other than those specified in the itinerary.
  3. Visa and passport fees.
  4. Travel insurance (MANDATORY).
  5. Optional activities and all personal expenses.
12. Age & Health requirements

Minimum Age:  If not stated otherwise, the minimum age for all our trips is 18 at the time of travel. If you fall below this age, you must be accompanied by an adult.

Maximum Age:  For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.

Normally, the age range on our trips is between 25-45 years, however, there is no rule with regards to a passenger’s age except from the minimum stated above.

13. Small groups & combination trips

Our trips are guaranteed to depart once they have one fully paid traveller unless minimum group size specifically states otherwise. This means at times we can have groups with small numbers of travellers. Some of our trips are designed to fit with other departures to create a longer “combination” trip; this means that some of your group may have already been travelling together for some weeks when you commence your trip.

On average, we run trips with 4-12 guests per group. However, there is no guarantee whatsoever with regards to the group size and we reserve the right to increase or decrease the number of Participants at any time and with no further explanation.

By agreeing to this Booking Terms and Conditions you acknowledge that you will be on a trip with further Participants that possibly come from a completely different socio-economic background with different ethnicity, culture, age and interests. You acknowledge and understand that additional respect and consideration is needed towards other Participants on a trip as opposed to travelling solo.

14. Passport and visas

You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the itinerary for details.  We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.

15. Travel insurance

Travel insurance is mandatory for all our travellers and should be taken out at the time of booking. Your travel insurance must provide cover against personal accident, death, medical expenses and emergency.

16. Flexibility

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. While we endeavor to operate all trips as described we reserve the right to change the trip itinerary.

Before departure:  If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative tour offered.

After departure:  We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control.   In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

17. Authority on tour

Our group trips are run by a Tour Manager. The decision of the Tour Manager is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a group leader, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund.  We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.

18. Acceptance of risk

You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and our local contacts in assessing whether the itinerary should operate. However it is YOUR OWN RESPONSIBILITY to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.  Similarly, most trips visit remote locations or poorly developed regions where infrastructure is limited. In such places, the risks to health are increased and the ability to treat injury or illness effectively is reduced. Additionally, trips can include activities with a risk of serious injury or death. By agreeing to these booking terms and conditions and by embarking upon your trip, you acknowledge these hazards and your acceptance of the associated risks.

19. Limitation of liability

a. We will accept liability for the negligence of our staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under the applicable law.  Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities. This acceptance of liability is subject to clause c. below.

b. In other circumstances we are responsible to you for the proper performance of this contract. This acceptance of liability is subject to clause c. below.

c. we shall not be liable for any damage or loss if the failure to carry out the contract is:

  1. Attributable to you.
  2. Attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.
  3. Due to unforeseen and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had to be exercised.
  4. Due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure.
  5. Due to an event which the Company, even with all due care, could not foresee or forestall.

d. Except in cases involving death, injury or illness, any liability covered under clause b. above is limited to 3 times the price paid.  In the case of damaged property the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases the Company specifically excludes all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.

e. Where your trip arrangements involve travel by air, rail or sea, or hotel accommodation, the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955, Bern Convention 1961, Athens Convention 1974 and Paris Convention 1962. We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions.

f. our acceptance of liability in clauses a and b above is subject to assignment by you of your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury.

g. Flight Notice, Flight Information and EU Blacklist. This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between the carrier(s), us and you, nor part of a claim. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice.

Air carrier liability for passengers and their baggage:

This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montréal Convention.

We are not liable for our third party suppliers:

We make arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (Third Party Suppliers) to provide you with the travel services and other services you purchase or which form the component parts of your trip. Third Party Suppliers may also engage the services of local operators and/or sub- contractors for the provision of travel services that form part of the trip(s). Although we take all reasonable care in selecting Third Party Suppliers, we are unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions.

If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures in the optional extras, or due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even though all due care had been exercised, or an event which we or such suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

Occasionally luggage is lost or delayed by an airline and this can cause a major problem for a trip. You are advised to travel to the departure point in walking boots and carry essentials in your carry-on luggage. If luggage is delayed we will do everything to help, however, all additional out-of-pocket costs have to be paid locally and should be charged back to your airline or your insurers. This includes the cost of taxis for shopping and/or collecting items from the airport.

This clause 20 shall survive termination of the Contract.

20. Optional activities

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and the activity provider. The Participant agrees that any assistance given by the Lead Guide or other Foozoo Travel representative in arranging, selecting, or booking any optional extras is purely at the request of the Participant, and we make no warranties regarding such information and expressly disclaim any liability whatsoever arising from any optional extras or participation in them by any Participant, or any information provided by us, any of our representatives or the Lead Guide regarding any optional extras. Accordingly, we are not liable for any claims and causes of action arising from any damage, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of any optional extras.

Any Participant using any optional extra services or activities shall be deemed to agree and consent that any liability for any loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property shall be the sole responsibility of the provider of such service or activity. This clause 21 shall survive termination of the Contract.

21. Claims & complaints

If you have a complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.

22. Severability

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

23. Photos and marketing

The Participant agrees that while participating on any trip, images, photos or videos (Images) may be taken by other Participants and/or our representatives and/or the Lead Guide that may contain or feature the Participant in part or in whole. The Participant acknowledges that they consent to any Images being taken and grants a perpetual, royalty- free, worldwide, irrevocable license to us, our affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or devised after the Commencement Date, without any further obligation to the Participant or compensation payable to such Participant. Any Images may be used by us without charge in all media (whether now existing or in the future invented) for bona fide promotional materials of any kind, such as brochures, website, slides, video shows and the internet.

24. Privacy policy

Any personal information that we collect about you may be used for any purpose associated with the operation of a trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the trip.  We will otherwise treat your details in accordance with our privacy policy.

25. Financial protection

The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency.

26. Applicable law

The laws of the Democratic Socialist republic of Sri Lanka govern this Contract to the fullest extent allowable. Any disputes or claims in connection with this contract or any service and product bought from us must be initiated in the courts of Sri Lanka.

27. Registered address

Registered office: Foozoo Infinite Travels (Private) Limited, 15 A, Mahasen Mawatha, Colombo 05, Sri Lanka.

28. Travel Ambassadors

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events. While we endeavor to operate all trips as described we reserve the right to change the trip itinerary.

Updated: 01 September 2018