TERMS AND CONDITIONS
Avila Holidays Private Limited is a registered Travel Agency in the Republic of Maldives. Avila Holidays (‘the Company’, “we”, “us” and “our”) accepts bookings subject to the following conditions. Except where expressly stated, these conditions only apply to tour arrangements booked by the client with Avila Holidays and which Avila Holidays agrees to make, provide or perform (as applicable) as part of their contract with the client. All references in these conditions to “tour”, “holiday” “booking”, “contract” or “arrangements” mean such tour arrangements unless otherwise stated.
Avila Holidays offers a variety of tours, packages and services (“products”) through its website (avilaholidays.com). The purchase of any travel services offered by Avila Holidays constitutes a contractual arrangement between the person making the booking and Avila Holidays, and represents acceptance of Avila Holidays Terms and Conditions described here. Please ensure that you read carefully and understand these Terms & Conditions prior to booking.
It is the passengers’ responsibility to ensure that they are in possession of all necessary travel and health documents before departure. It is important to carry a passport that is valid for at least six months after return travel date. We cannot accept liability if you are refused entry into the Maldives due to failure on your part to carry any necessary documentation. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalties imposed on Avila Holidays, you will be responsible for reimbursing Avila Holidays accordingly. In the event that Avila Holidays is asked to re-issue tickets that have been lost, destroyed or stolen, and Avila Holidays agrees to do so; however, any charges incurred as a result of this will be payable by you.
Travellers suffering from any known or suspected medical condition that can have an effect on travel, or women more than 28 weeks pregnant, must notify Avila Holidays at least 30 days before departure. In these cases, they must also produce a medical certificate confirming fitness to travel. Avila Holidays reserves the right to refuse or to cancel bookings if relevant certificates are not produced. In this regard, Avila Holidays will not be liable for any failure, negligence, or deceit on behalf of the traveller.
A deposit of 20% of total booking in USD$ made at time of booking is required. At times, such as in the event of a group booking, a higher deposit maybe required which will be advised at the time of booking. If a booking is made 60 days or less prior to your arrival date, the full payment of the cost of the tour is required. The booking is binding on the Company only when it has issued confirmation in writing. Any person submitting a booking, or on whose behalf a booking is made, is responsible for ensuring that the payment of any sums due in respect of the booking is duly made to the Company. Resort rates while quoted with Special offers as published by resort will require payment based on the nature of Offer. All specials and promotions offered in rates are mentioned in the quotes we provide. We suggest you check all quotes & offers thoroughly.
The Company reserves the right to decline any bookings.
The Company is not under any obligation to dispatch any tickets, vouchers or documents until full payment of the booking has been received by the Company or its authorised travel agent.
The total cost of any booking shall be paid so as to be received by the Company not later than 60 days prior to the scheduled arrival date of the tour. In the event that the payment is not received by the Company by that date, the Company may choose to treat the booking as cancelled by the client in which event the cancellation fees listed in 3 shall apply. In the case of non-payment of the balance by the due date, the Company reserves the right to cancel your booking and cancellation charges will apply. Payment of the deposit and full amount is required by SWIFT TT bank transfer. All bank charges will be accounted for by Avila Holidays.
As a general rule, 50% of the total amount will be charged as Cancellation Fee.
However, for cancellations that is less than 60 days, the following charges will be applied.
- Cancellation more than 60 Days, 50% will be charged on total amount
• Cancellation Between 15 to 60 Days, 75 % will be charged on total amount
• Cancellation less than 15 Days 100 % will be charged, including No show, and this will be non-refundable
This entire process may take 60-90 days from receipt of your request to receiving credit on your statement. Apart from the suppliers, Avila Holidays will charge a fee for processing this refund ranging from USD 100.00 – USD 300.00 (USD One Hundred to USD Three Hundred). All refund fees are charged per booking basis. These fees will only be assessed if a refund has been authorized by the supplier or a waiver has been received and when the supplier rules permit such refunds. If such refund is not processed by the supplier, we will refund you our fees that may have been charged to you for such processing.
The Company will do its best to operate all tours as advertised. However, it reserves the right to change and correct errors in any of the services, prices or itineraries provided by email or described on our the website at any time before or after your booking is confirmed. If a major change has to be made, the Company will inform the client as soon as possible, if there is time before departure. In the case of any material modification or of cancellation, the Company will, if possible, offer alternative arrangements or, if these are not acceptable, a full refund will be paid. The company will endeavour to provide an alternative in the same area. If the Company is only able to offer a lower classification of hotel it will refund the difference in the price.
Force Majeure: Except where otherwise expressly stated in these conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any injury, damage, loss or expense of any nature as a result of “force majeure”. In these conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, disease, fire and all similar events outside our control.
THE COMPANY’S LIABILITY TO THE CUSTOMER
It is generally understood that the nature of activities involved in travelling in the Maldives hold a certain degree of risk. Diving, swimming in the sea and travelling by public transport are all undertaken by your own preference. Suppliers may ask to sign additional forms before participating in certain activities and you must adhere to the restrictions imposed by the supplier.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: – the act(s) and/or omission(s) of the client(s) affected or any member(s) of their party or the act(s) and/or omission(s) of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable or ‘force majeure’ as defined in above.
Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract.
The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. Please bear in mind that standards of, for example, safety, hygiene, and quality may vary throughout the destinations, services and transport your tour involves and may be lower than or different to those applicable in your own country.
You must ensure you have appropriate travel insurance to protect your personal belongings.
Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.
Additionally we cannot accept liability for any expenses or losses incurred by or relating to any business including self-employed loss of earnings.
Travel Insurance is highly recommended for all clients whilst on a tour organised by the Company. Clients are wholly responsible for arranging their own insurance. Clients should forward details of your insurance policy with another company for our records. Clients are responsible for ensuring that they have personal travel insurance with protection for the full duration of the holiday with adequate and appropriate cover. Clients should ensure that there are no exclusion clauses limiting or excluding protection for the type of activities included in their holiday. Clients should satisfy themselves that all travel insurance purchased meets their particular requirements and should arrange supplementary insurance if need be. Clients together with their personal property including baggage are at all times solely at their own risk.
Clients are responsible for arranging, paying and confirming return flights to destination. Details of arrival and departure flight numbers and times must be communicated to Secret Paradise upon payment of final balance. We cannot accept any liability for any change, cancellation or delay in your transportation from or to your home country or during your tour whether any change, cancellation or delay is caused by adverse weather conditions, rescheduling by a transport supplier, airline or airport authority, action by air traffic controllers, mechanical breakdown, industrial action or any other event or circumstance outside our control. Where long flight delays result in lost tour time, no refunds are given by hotels or suppliers. Similarly, except where the Denied Boarding Regulations apply, airlines do not offer compensation for flight delays. Clients are responsible for ensuring that they have personal travel insurance with protection for the full duration of the holiday with adequate and appropriate cover.
Some destinations or liveaboard itineraries require a minimum level of qualification and/or diving experience. It is your responsibility to ensure that your diving experience and/or qualification meet these requirements. If on arrival in resort you are deemed not to have the level of experience and/or qualification required for the trip booked, you will not be able to participate in the diving activities advertised. If this is the case, Secret Paradise or any of Secret Paradise’s suppliers will not have any liability for any missed diving or costs paid for the holiday. Your logbook is the only true representation of your diving experience (i.e. number of dives completed).
The Maldives is a Muslim country and care needs to be taken in relation to the dress code on local islands. Whilst it is acceptable for men to wear T Shirts and shorts or swim shorts; females should avoid causing offence by maintaining a more conservative approach to clothes by wearing T Shirts, shorts or sarongs and avoid wearing bikinis and swimwear unless on an un- inhabited island, picnic island, sandbank, dive boat or resort island. Alcohol and pork is also restricted on local islands. If a client commits an illegal act (including, for example, causing any damage, bringing alcohol onto a local island from a resort island) the client may be excluded from the tour and the Company shall cease to have responsibility to/for them as above. No refund will be given for any unused services.