Terms & Conditions

Basis of Contract

Welcome to our website. This website with URL address: www.essencesrilanka.com.au,

is owned and operated by;

Essence Travel Asia PTY LTD. ACN 671 790 088

Within this Terms and Conditions (T&Cs) any use of ‘Our’, ‘We’, ‘Essence’ or ‘ES’ refers to Essence Travel Asia PTY LTD.

Any use of ‘you’, ‘your’ or ‘the guest’ refers to any persons named in a booking or purchase, including any persons added later.

Bookings and Services

When making a booking from us, you are subject to our terms and conditions. It is important to carefully review these conditions before making a booking.

Payment of a deposit towards a booking is an implicit agreement to these Terms and Conditions. We acknowledge a booking once we provide written confirmation of the booking. If we decline a booking request the guest will be refunded their deposit. This confirmation marks the establishment of a contract between you and us, subject to these Booking Conditions.
These conditions solely govern every service contract between ES and the guest and cannot be changed or replaced unless explicitly agreed upon in writing by ES. ES immediately commences services upon accepting your booking request. A booking also includes work that has been done in preparation of bookings.
ES offers two primary services, we organize and manage your travel plans, and provide travel arrangements directly under our control.

Price Policy & Payment

All prices published are per person in Australian Dollars unless otherwise specified. Prices shown are indicative only. ‘From’ prices are the lowest prices for the products and services we believe are available based on known costs, exchange rates and information available from suppliers at the time of establishing those prices. Prices may vary across date ranges due to availability as well as local factors like exchange rates or government charges. We reserve the right to vary the cost of your travel arrangements prior to commencement for circumstances beyond our control such as the imposition of fuel surcharges or new or amended government charges. However, we will not vary the cost for currency fluctuations once full payment has been received by us.
Quotations are valid for 7 days, after that please seek a new quote.
Products or activities not utilised cannot be refunded or replaced.

Price Inclusions and Exclusions

The inclusions and exclusions will vary by tour package.

Exclusions and inclusions for each package are as listed on the website pages, as well as listed on your quote and your invoice.
International and domestic airfares, any airport transfers, any government charges, or local fees relating to your air travel as well as your entrance into Sri Lanka are not included in any package.

Payment

The terms and conditions for payment are as follows.

Any and all quotations prior to purchase are valid for 7 days.

Booking requests require a deposit of 25% at the time of booking balance paid by 90 days prior to departure.

Booking requests that are already within 90 days of departure are subject to full payment at time of booking.

Any payments made by credit card will be subject to a surcharge of 1.5%. This will be added to the total payment.

For a booking request to be accepted the full names of guests as they appear on their passports is required. It is the booking guest’s responsibility to ensure all names are correct per passport.

It is also the booking guest’s responsibility to ensure that they have consent to place this booking on behalf of any other parties and the other parties are bound by these terms and conditions.

Insurance Policy

By agreeing to these terms, you agree to have adequate travel insurance for the duration of your trip with ES. ES is not responsible for purchasing or organising this travel insurance for you.

We strongly advise guests to obtain suitable travel insurance to cover potential losses such as loss of deposit, cancellation charges, medical and repatriation expenses, personal injury and accidents, death, loss of personal possessions or baggage, and any other foreseeable expenses, costs, damages, or liabilities related to the Travel Arrangements.

ES expressly excludes liability to the Guest or any third party for such incidents.

Cancellations by guest

You may cancel at any time by providing written notice to ES. By cancelling you agree to all cancellation fees that may be applied by ES. Based on the date of cancelation you will be refunded this much, minus any fees:

* Over 90 days prior to commencement will receive a deposit and all payments.
* 90 days to 60 days prior to commencement will receive 50% of the booking value.
* 59 days to 14 days prior to commencement will receive 25% of the booking value.
*Within 14 days or no show then ES will keep the full booking price as extensive work has gone into the booking.

By accepting these terms and conditions the guest acknowledges that this policy is not malicious or punitive but a reasonable estimation to the loss ES will suffer due to guest cancellation.
We strongly recommend you purchase travel insurance that adequately protects you from cancellations out of the guest’s control. If you must cancel because of illness or misadventure these fees still apply.

Cancellation by Us and Force Majeure

Force Majeure refers to any event that is beyond the control of ES and could not have been reasonably foreseen or prevented by ES. Examples of such Force Majeure events may be: Natural disaster, armed conflict, break out of disease or epidemic, change in government rules or decrees including safety advisories. While these are examples Force Majeure is not limited to just these types of events, any event that prevents the travel or tour from commencing may be Force Majeure.

If ES becomes aware of a Force Majeure event before travel has begun, or the guest notifies us of a Force Majeure event at least 14 days before travel commences Then ES will provide one the following:
Reschedule your arrangements to a time when you are available.
Cancel your travel arrangements in which case your contract with ES will be cancelled and neither parties will be able to gain damages.

If your arrangements are cancelled ES will refund you with credit equal to any payment you have made, which is redeemable for up to 12 months after the cancellation. If you do not wish to receive credit, we may offer a cash refund instead, but it will not be a full refund. Costs of third-party services, as well as overhead costs for cancellation and fair payment for our services will be taken from the refunded funds.

If ES must cancel a booking after travel has commenced, then we will refund any recovered third-party costs we can recover due to cancellation. Any payment directly to ES will not be refunded as time and effort has already gone into planning the trip for you.

If we do pay a limited refund ES will try and secure your refund from third-party services however, there is no guarantee that we will be able to secure these funds. It is up to the terms and conditions of third-parties to decide whether we are eligible for a refund or credit from said third parties.

ES is not responsible for any losses incurred due to cancellation or rescheduling of your booking. Such losses that we are not responsible included: air fares, insurance fees and visa fees.

By agreeing to these terms and conditions you agree that this policy is not a penalty nor punitive but a reasonable protection of ES’s business and employees. Once a deposit has been paid it is recommended that the guest purchase travel insurance that protect them from the various risks incurred by Force Majeure, namely cancellation and rescheduling.

If ES cancels due to reasons other than Force Majeure or minimum numbers the guest will be offered your choice of a refund of all funds paid or credit towards another trip of equal quality. ES will not be liable for any other costs incurred to the guest due to cancellation.

Amendments by guests

ES strives to provide excellent service and is willing to accommodate reasonable additional requests. By making such requests you acknowledge that not all requests may be possible, but ES will try and accommodate all requests. An amendment fee of $XX will be incurred for communication and administration of any amendments. You may also be required to pay additional fees for suppliers or activities that are amended into the booking.

Amendments by ES

ES may need to amend your trip itinerary and activities due to the fluid nature of the travel industry. By agreeing to these terms and conditions you accept our right to amend your itinerary prior or during travel.

If we amend your itinerary prior to travel, you will be contacted within a reasonable time frame. From there you may agree to the amended itinerary, or you may choose to cancel your trip. If you choose to cancel you will be refunded all deposits you’ve currently paid. You have 7 days to choose between these options, if we receive no response ES will assume you wish to continue with your trip.

If we must make changes after your travel has commenced it is due to local factors not in our control. By agreeing to these terms, you consent to ES possibly changing itinerary, travel and accommodation due to local circumstances outside of our control.

To the fullest extent of the law ES will not be responsible for any changes to the itinerary due to Force Majeure or unforeseen reasons. This includes any lack of enjoyment or distress caused by changes in activities or accommodation.

If you are entitled to compensation or refunds for any amendments made by ES then you acknowledge that it will be reduced by the value of any alternative services ES has provided and ES will not be responsible for any other losses for the guest caused by an amendment.

Health Precautions and Vaccinations

Before embarking on their journey, guests must ensure they have received all necessary vaccinations and taken relevant health precautions. This includes obtaining any vaccines recommended or required for the specific country or region they plan to visit.

Guests are required to take proactive steps, such as consulting with medical professionals, to determine if they have any pre-existing medical conditions that could affect their ability to travel or participate in planned activities. This includes both known and unknown health issues that may arise during the trip.

It is the responsibility of guests to inform ES about any pre-existing medical conditions they have or health issues that could impact their travel arrangements or activities before or at time of booking. This allows ES to make necessary accommodations or adjustments to ensure the safety and well-being of the guest during the trip. We may request a medical assessment from a qualify medical practitioner. This allows ES to gauge if we are able to accommodate your pre-existing condition. If your health issues are such that we cannot make accommodations, you will be refunded any price you have paid minus an administration fee of $XXX
If you fail to inform us of any medical condition before booking and ES cannot make accommodations, then it will be considered a cancellation by the guest and all rules of that section (Section 4: Cancellations by Guests) shall apply.

It is the responsibility of the guests to inform ES about any new medical conditions they have been diagnosed with that may impact the usual booking of the treat. ES may also request a medical assessment by a medical professional so we can see how the condition may affect the booking.
If the guest requires assistance we cannot provide or does not provide the assessment when asked the booking will be cancelled as if it was cancelled by the guest, as such all rules in that section (Section 4: Cancellations by Guests) shall apply.

Guests must adhere to all vaccination requirements for entry into their destination country. Additionally, they are expected to comply with any local regulations or health measures imposed by authorities, which may include testing requirements or quarantine protocols.
It is recommended that the guest be fully vaccinated against Covid-19 with a vaccine approved by the Therapeutic Goods Admissions. This is to reduce health risks to both you as well as others you may encounter on tour.
Failure to comply with vaccination requirements or local regulations may result in guests being unable to continue with their planned travel arrangements. In such cases, guests are responsible for any associated expenses, such as rebooking fees or additional accommodation costs.

ES does not have the authority to override or modify local government policies related to health and safety measures, including testing or quarantine requirements. Guests should be aware that ES cannot guarantee any changes to these policies and must abide by them during their trip.

ES does not have the authority to override or modify local government policies related to health and safety measures, including testing or quarantine requirements. Guests should be aware that ES cannot guarantee any changes to these policies and must abide by them during their trip.

If guests encounter refusal of carriage by an airline or other common carrier, refusal of accommodation by a hotel, refusal of entry by the country’s government or exclusion from the trip by ES or its suppliers due to illness, suspected illness, or failure to meet required tests or vaccination requirements, reasonable assistance will be provided.

If the guest has already commenced their trip, ES will assist in arranging alternative travel arrangements or facilitating continuation of the trip, albeit at the guest’s expense. However, if the trip has not yet commenced, ES regrets that it will be unable to provide such assistance.

It’s important to note that ES will not be liable to refund the cost of the trip or any part of it due to commitments already made to suppliers and significant work in preparation of your trip. Additionally, ES will not be held responsible for any other losses incurred by the guest in connection with the booking, such as airfares or visa expenses, if they are prevented from commencing or continuing their trip under these circumstances.

To mitigate financial risks associated with cancellations and disruptions, guests are strongly advised to purchase travel insurance promptly after paying their deposit.

Obligations & Liability

ES purchases transportation, accommodations, activities, and other services from independent suppliers within the country the trip is for. ES has no direct control over these independent suppliers and the guest acknowledges that ES is only responsible for choosing reliable and reputable suppliers to provide these services to you. When booking a trip the guest enters into a contract with ES, ES then purchases various products using the payment for the guest. When this happens the guest also enters a contract with the independent supplier who supplies these products such as travel or accommodation. To the full extent of the law under the Australian Consumer Law, ES will not be liable for any loss, damage, personal injury, or delay caused by independent suppliers. Any claims a guest may have must be taken up with the independent suppliers themselves.
There are inherent risks to all travel but particularly some of the activities that ES offers. These trips and activities can take place in remote locations with little or no access to medical facilities. To the full extent of the law ES assumes no liability for any such risks the guest takes during these activities as you are fully informed of the inherent risk in participating.
Some activities have a particularly high risk of injury, illness or death. To the maximum extent of the law under The Consumer and Competition Act 2010 we are not liable for any injuries, illness or death caused by undertaking these risky recreational activities. By participating in these activities, you are showing you understand the implicit risks in participating whether they are anticipated or unforeseen. Some risky activities included but are not limited to:

* High altitude treks & climbing
* Cycling
* Safaris and excursions involving animals. * Scuba diving
* Snorkelling
* Boating, kayaking or white-water rafting * Ziplining

ES is not responsible additional expenses the guest accrues due to delays outside of our control. The guest also acknowledges that services that comply with local laws and regulations have been deemed to be properly and legally performed even if it does not pass Australia standards. Australia Consumer Law has mandatory consumer guarantees built into any consumer contract such as these T&Cs. These T&Cs do not in any way limit these consumer guarantees and other than these implicit guarantees ES disclaims all other guarantees and warranties in writing.

Governing Law

The Contract between Essence Travel and you, the guest, is governed by the laws of the state of NSW. Any and all disputes will be dealt with in a relevant court in NSW jurisdiction.

Passport and Visa

ES is not responsible for any visas required to enter into the destination country for your booking. You may apply online for a visa to Sri Lanka through this link: http://www.eta.gov.lk/.

Before making your bookings, you must have a valid passport for each guest member attending a booking. All names provided to ES must be passport accurate as many of our suppliers and providers require passport accurate information. You also consent for us to share your passport identification with any suppliers who require it. A valid passport is also required to enter any foreign country so be sure to always keep it on you.

Accommodations

Given the ever-changing landscape of the travel industry, there may arise occasions where we must replace initially planned accommodations, such as hotels or vessels, with alternatives of similar or superior quality. While we strive to keep such substitutions to a minimum, you recognize that these adjustments do not constitute significant alterations to the overall experience.

Dietary requirements

If a guest has special dietary requirements that must be submitted to ES with in 7 days of booking your trip. We will make every effort to convey your requests to the appropriate suppliers. However, we cannot assure that all requests will be accommodated by the suppliers. It remains your responsibility to verify that meals and beverages are free from allergens. We explicitly absolve ourselves of any liability for meals or beverages containing allergens, except in cases of negligence by ES ourselves.

General

When booking a group tour, you agree to act in a way conducive to a good group tour with positive group dynamics. By acting in a way that threatens the safety of the tour group, or of the tour guides and drivers leading your group, the tour leader may reasonably ask you or your group to leave the tour. You will not be entitled to a refund for any unused services and any expenses incurred by removal from the tour is not our responsibility.

When on a trip your image may be recorded or photographed for us in promotional materials for ES. These recordings may be identifiable both by your image and the activities you are recorded doing. By agreeing to these T&Cs you agree to ES’ use of your image for marketing and promotion. If you do not consent to being photographed, please contact us let ES know at least 21 days before departure so the various employees and suppliers can be informed. If you wish to access any photos taken on your trip for personal reasons, please contact us after your trip has finished and we will strive to provide these recordings to you for personal use.

If any terms of these T&Cs are found to be unlawful or unenforceable then to the fullest extent possible it will be removed from the T&Cs without affecting any other terms or provisions.
All personal information you provide during the act of booking and purchasing from ES will be stored, shared, and protected under the Australian Privacy Policy as well as ES’ own privacy policy.