Dialog Traveller App

Terms of Use

Welcome to Dialog Traveller Hotel Reservation Site (hereinafter referred to as the “Site”) of Dialog Axiata PLC (PQ 38) hosted by CodeGen International (Private) Limited (PV 9675) (the Service Partner)

Dialog and its Service Partner (hereinafter referred to as “us” “we” or “our) will provide our services through the Site to you subject to the following Terms and Conditions

The following terms and conditions, as may be amended from time to time, apply to all services directly or indirectly made available through the Site. By accessing, browsing and using the Site or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below.

The Terms of Use as defined below apply to our services available to you through the Dialog Traveller application (hereinafter referred to as the Application). By accessing or using this Service, you agree to be bound by the Terms and Conditions set forth below. If you do not wish to be bound by these Terms and Conditions, You may not access or use this Service. If you utilize the Service in a manner inconsistent with these Terms and Conditions, DIALOG may terminate your access immediately without any notices to you, block your future access and/or seek such additional relief depending on the circumstances of your misuse. DIALOG may modify the Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions. You agree to review the Terms and Conditions periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Terms and Conditions.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

1. Scope of service information on the site

Through the Site, the Service Partner on behalf of Dialog provides an online platform through which you can browse different types of lodging and temporary accommodation (including but not necessarily limited to hotels, hostels, serviced apartments, B&Bs, rooms etc (Hotels)), Transport/Transfer services (including not limited to Inland and local cruises, Helicopter, Sea plane, Yacht etc), Rides and activities (including but not limited to Hot Air Ballooning, Rafting, Canoeing, Kite Surfing etc), Ancillary products (Entrance tickets, passes, Ride tickets etc) collectively, the “Supplier(s) and make reservations for the services offered by such suppliers (Services). By making a reservation through the Site, you make an offer to book a hotel/service at the price listed for such a booking item and such other terms and conditions stated on the Site, which shall become a binding contract only when the Service Partnering response, sends you a detailed e- mail (with a voucher for prepaid Hotel/service) confirming the booking, which in turn means the reservation has been confirmed by the supplier. Please note that the payment on the site, in part or full is not a confirmation of your booking and that unless otherwise indicated specifically an ‘on request’ offer to book the hotel/service at the given price. In the event that we are unable to confirm your ‘on request’ booking, we will refund your payment minus any bank/transfer charges incurred by the Service Partner with regards to the processing of the refund. Bookings that are 100% confirmed via return e-mail will be honoured accordingly.

We reserve the right to reject bookings as set out below. When rendering our services, the information that we disclose about Hotel/service is based on the information provided to us by our suppliers or providers (including but not necessarily limited to the Hotel/service, their representatives, distributors, destination management companies (DMC’s), channel managers, partners, etc.). Although we will use commercially reasonable skill and care in performing our Services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or out-dated. In case of such problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Hotel/service.

The Site does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any Hotel/service listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Hotel/service listed on the Site. A Hotel can be ranked on the Site according to different criteria (star rating, reviews, etc.). The default ranking is based on an automated algorithm which may be updated or amended from time to time.

We reserve the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. the general reasons for rejecting a customer or booking include, but are not limited to: Supplier request, breach of the Terms of Use, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by customer of misleading or erroneous information, credit card problems, inappropriate behaviour, threats, insults, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations. In case a booking is rejected or cancelled by the Service Partner and a payment has already been made, you will receive a refund of the total booking value. We also reserve the right to blacklist users from the Site at our discretion. Any user who has been blacklisted must not attempt to access the Site using another name or through another user.

Please note that if we find sufficient evidence that a group booking has been done, we reserve the right to reject these bookings as most suppliers have specific procedures for group bookings.
Circumstances such as renovations, Hotel/service booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the supplier know any special requests or requirements you have at the time you avail the service.

Star ratings

A hotel’s star rating is only an informative indicator and is listed based on information we have received from the supplier, including the hotel. We do not conduct an independent verification of star ratings of the hotels. A star rating is a general indicator of the level of comfort to be expected in a particular hotel. Generally, a higher star rating denotes a higher level of comfort and amenities. For more information, please check the detailed description on the Site. Please note that due to various circumstances, a star rating in one particular country or city is not comparable to the same star rating in another country or city. Please note that while star ratings do not essentially reflect all the facilities or amenities available at a hotel, every room may not have some amenities and features at every property with a particular star rating.

2. Use of the Site

Dialog grants you a personal license to access and use the Site only as expressly permitted in this Terms of Use and any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to the Service Partner and Dialog or its suppliers and providers, including the suppliers. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to the Service Partner and acknowledge that the Service Partner may use these details to contact you in the event that this should prove necessary.

Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Site. In addition, you agree not to:

• use the Site or its contents for any non-authorized commercial purpose
• make any speculative, false, or fraudulent booking
• access, monitor or copy any content or information of the Site using any automated means or any manual process for any purpose without our express prior written permission
• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
• re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Site for any commercial or competitive activity or purpose
• deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable
• deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity
• impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another
• attempt to gain unauthorized access to the Site, any related website, other accounts, computer system, or networks connected to the Site, through hacking, password mining, or any other means
• obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site, including harvesting or otherwise collecting information about others such as email addresses
• do anything else which could cause damage to the Site, the the Service Partner group of companies and their employees, the Service Partner ‘s reputation, or would otherwise have a negative impact

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or frame the Site or any web page or material herein, nor may any entity
hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of the Service Partner
By making a reservation on the Site, you represent and warrant that you are not covered by any international sanction program.

3. Prices, Additional Charges

Sometimes cheaper rates are available on the Site for a specific stay at a Hotel for the same room type, however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room type and rate details thoroughly for any such conditions prior to making your reservation. The same room type may have different rates, depending on such restrictions and conditions.

Additional Charges by Hotels/Suppliers

Please note that all prices on the Site are for your hotel/service/ reservation only and are for the requested stay/activity dates and for the number of people indicated, unless indicated otherwise. The Hotel room reservations rates are displayed per room and per night except where indicated otherwise while the activity rates are displayed per person basis unless indicated otherwise. the Service Partner will typically display the rate exclusive of tax recovery and service charges on the Site, and display these additional tax recovery and service charges during the booking path. Without prejudice to what is set out below, you will see the total inclusive price prior to confirming your booking on the last booking page (before the final confirmation screen). Please verify every step of your reservation on the booking form; you can discontinue the booking at any time prior to the final confirmation screen. What is included in the rate is displayed on the Site (under the Hotel/service information section or prior to the final booking confirmation) and/or in the confirmation email/voucher. Any other mandatory fees/charges or occupancy taxes (when applicable), that may be charged directly from guests are not included in the rate unless stated otherwise. Please verify the supplier’s description or policies on the Site. Insurance of any kind is never included in the rates. The standard Hotel room reservations are for single or double occupancy, extra beds will usually incur extra charges. The Hotel/service supplier may also refuse to accept additional persons if not duly informed in advance. Please note that some Hotel may charge you an additional but compulsory “resort fee” (or similar) for the use of certain services. This resort fee is typically not included in the price. You may also be charged directly by the Hotel for energy surcharges, baggage handling fees, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees. The practice to add additional Hotel fees is outside the Service Partner ‘s control. Optional incidental fees and personal consumptions are never included, for example, parking charges, minibar charges, phone calls, room service, food & beverage, gala dinners, movie rentals, internet, etc.. During certain high season or special event periods, certain Hotels will add on a compulsory gala dinner supplement / per room per night supplement (e.g. for New Year, Christmas, Kandy Esela Perahera, Cricket world cup…). This is not included in the room rate, but will be displayed on the booking form. Please check the “Hotel/service Information”, “Booking Conditions”, “Cancellation Policy” or similar wording on the Site. When in doubt whether something is included, you can contact our Customer Service team.

For certain Hotel/services, a compulsory transportation or transfer fee will be charged on top of the room rate at the request of the Hotel/service. This is especially common for hotel/services that cannot be reached via the existing road network and require a transfer over water/air. Please note that the Service Partner does not organize any transportation, this is always organized by and offered by or on behalf of the Hotel/service supplier, who is responsible for such transportation services, not the Service Partner . The Service Partner does not assume any liability for the quality, safety, frequency or service levels of such transportation services. In some jurisdictions, the Hotels are also required to directly collect a local bed or city tax from the guests.

4. Privacy

We will be committed to respect your privacy and to comply with any applicable data protection and privacy laws. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

We store and process Your Information on servers located in Sri Lanka that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use this service.

5. Credit card – Payment – Age – Fraud

For pre-paid Hotel/service bookings on Dialog Traveller, your credit card will be charged by Travel Gateway (Pvt) Ltd for the full price (sometimes without any option for refund depending on the suppliers booking conditions, see below) upon reservation and confirmation of the booking. Please check the reservation details thoroughly for any such conditions prior to making your reservation. The Service Partner will process refunds, if and when applicable, within a reasonable timeframe. In order to safeguard and encrypt your credit card information when in transit to us, we use the “Secure Socket Layer (SSL)” technology for our services.

In the event of credit card fraud or unauthorized use of your credit card by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via the Service Partner , please contact our Customer Service team immediately. the Service Partner will not, at any given time hold and/or transmit your credit card details to suppliers or any other type of 3rd party services supplier.

In order to make a booking you must be over 18 years old (or the age of majority in those countries and territories where it is higher than 18) and have the full legal capacity to make the transaction (or have the authorization from your legal guardian). You undertake that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.

You undertake that the details you provide us with in making a booking are fully correct. the Service Partner reserves the right not to accept certain credit cards. the Service Partner may add or remove other payment methods at its discretion.

In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the Site. Reservations are not confirmed until you have received a confirmation mail with a voucher and it is possible that a Hotel could become fully booked during the fraud check, in which case the reservation will no longer be available. the Service Partner can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information, the booking will not be completed and fully cancelled.

6. Booking conditions - Cancellations, No-Shows, Early Departure and Late Check-Out - Special Needs

By booking on Dialog Traveller, you accept and agree to the relevant Hotel/service booking conditions, which includes cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the supplier that may apply to your reservation or during your stay, including for services rendered and/or products offered by the supplier (the delivery terms and conditions of a supplier can be obtained with the relevant supplier). Please note that you may be charged for your cancellation in accordance with the supplier’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the supplier carefully prior to making your reservation. If you fail to check in to your Hotel/service on time on the day of your reservation and do not alert the supplier, the remaining portion of your reservation may be cancelled and you may not be entitled to a refund, depending on the terms and conditions of the applicable supplier. Regardless of the suppliers’ cancellation policy, the Service Partner reserves the right to charge a cancellation fee to cover any costs incurred in the processing and/or booking stages of the subject reservation. Please carefully check the supplier details thoroughly for any such conditions prior to making your reservation. Some Hotels will charge extra for early or late check-outs.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein, use our self-service tool or contact Customer Service.
Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact Customer Service or the supplier and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by the Service Partner . Depending on the policy of the applicable supplier, your reservation will be refunded, cancelled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival.

7. Intellectual Property Rights – Trademark Notice

Dialog Axiata PLC, Dialog Traveller graphics, logos, page headers, button icons, scripts, and service names are registered or unregistered trademarks or trade names of DIALOG, its affiliates or its Partners in Sri Lanka and/or other countries shall be owned by Dialog. The “Dialog Traveller” and the “DIALOG” trademarks and/or trade names may only be associated with its products and services
and May not be used in connection with any other products and/ or services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits “Dialog Traveller”

or “DIALOG” or the Service Partner. All other trademarks not owned by DIALOG or its Partners or its Merchants that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DIALOG its Merchants or its Partners.

All content included on Dialog Traveller, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of DIALOG, its Partners or its Merchants and such content is protected under the Intellectual Property Act of Sri Lanka No 36 of 2003.

Disclaimer of Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. THE SERVICE PARTNER AND DIALOG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICE PARTNER DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THE SERVICE PARTNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE SERVICE PARTNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

THE SERVICE PARTNER AND DIALOG ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

8. Reviews - Further correspondence - Rights to User Content

By completing a booking, you agree to receive an invitation email to complete our guest review form which we will promptly send to you after your utilization of the Hotel/service. Completion is optional. By posting a review, you grant the Service Partner the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. The Service Partner reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion. You further grant the Service Partner the right to pursue at law any person or entity that violates your or the Service Partner ‘s rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
Content submitted by users will be considered non-confidential and the Service Partner is under no obligation to treat such content as proprietary information. Without limiting the foregoing, the Service Partner reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. the Service Partner is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to the Service Partner . The Service Partner shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Service Partner Policies on the Site for more details.

9. Travel advisory - Visa requirements

By displaying Hotels/services in particular locations, the Service Partner and Dialog do not represent or warrant that travel to such points is advisable or risk-free and the Service Partner and Dialog can never be held liable for damages or losses that may result from travel to such destinations. the Service Partner and Dialog can under no circumstances be held liable for any incidents occurring during your engagement at the Hotel/service. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take personal travel insurance.

the Service Partner and Dialog cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments of the countries you wish to visit. It is your responsibility to obtain whatever travel documents are required.

Please note that some countries have strict rules and regulations on the import of restricted or prohibited goods, items or substances. These can include but are not necessarily limited to alcohol, tobacco, perfumes, medication, books, movies, DVDs, adult entertainment materials, food stuffs, plants, animal parts, etc. It is your responsibility to verify and comply with applicable regulations.

11. General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL the Service Partner and DIalog INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE HOTEL/SERVICE PROVIDER, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE HOTEL/SERVICE AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE SUPPLIER (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. A force majeure event is an event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labour disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, quarantine, communications breakdown, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any supplier’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a supplier (including any liability in tort), as to any products and/or services available through the Site. The Service Partner does not guarantee continuous access without interruption to the Site.

Travel Gateway (pvt) Ltd and Dialog Axiata PLC‘s liability is excluded or limited to the maximum extent permitted by law. Without prejudice to the limitations set out in the Terms of Use, the Service Partner’s liability shall in any event not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events) or (b) one hundred United States dollars (or its equivalent in local currency).

12. Miscellaneous

The Service Provide and Dialog does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Hotels/services, or any room/activity in such Hotel/services providers. The suppliers are liable and responsible for providing accommodation and welcome people who have booked through the Service Partner as their guests.

You agree to indemnify and hold harmless the Service Partner from and against any liability, damage or loss including legal fees and expenses that the Service Partner and Dialog incurs or suffers as a result of any action, inaction or omission by you. If you use the Site for or on behalf of a third-party (“Third-party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Site for or on behalf of a Third-party agrees to indemnify and hold each the Service Partner and Dialog harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defence), relating to the Third-party’s or the user’s failure to fulfil any of its obligations as described above.

You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. the Service Partner and Dialog cannot be held liable in case a Hotel refuses to check you in or asks you to leave for legal or regulatory reasons.

The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.

The Service Partner and Dialog reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, the Service Partner shall not be liable to you or any third-party for any termination of your access to the Site. The Service Partner and Dialog reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate.

For the avoidance of doubt, the Terms of Use do not apply to commercial contractual relationships the Service Partner and Dialog may have with others, including but not limited to the suppliers and certain marketing partners. The Terms of Use and the provision of our services shall be governed by and construed in accordance with the laws of Sri Lanka without reference to Sri Lanka conflict of laws rules, and any dispute arising out of the Terms of Use and our services shall exclusively be submitted to the competent courts in Sri Lanka.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions.

APPLICABLE LAW

The Site and the Terms and Conditions herein contained shall be governed and construed in accordance with the laws of Sri Lanka, By accessing the Site, you agree that the laws of Sri Lanka will govern all matters relating to the Site without giving effect to any principles of conflict of laws

Dispute Resolution

You agree that any legal action, dispute or proceeding between DIALOG and You for any purpose concerning the Terms and Conditions or in relation to your visit to the Site or the products you purchase through the Site or the parties’ obligation hereunder shall be settled amicably. Failing such amicable resolution the dispute shall be finally resolved by a competent court of Sri Lanka.