Terms and Conditions for Kada Leisure Pvt Ltd. Holiday Bookings
1- Booking
If you’re booking a Holiday. If you book direct with Kada Leisure Pvt Ltd alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old at the time of booking and possess the legal capacity and authority to book as the lead name and travel on holidays with us and take up the offers advertised by us if they are still available. You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person traveling on the booking and for passing on any information regarding the booking or any changes made, to any persons traveling on the booking.
In addition, if your holiday includes a flight, you are also responsible for informing us of any passenger who is not self-reliant or is a person with mobility problems or has a contagious illness.
It is a condition of your booking that all passengers traveling are adequately insured for the holiday. We do not accept guests under the age of 18 years. There may be other restrictions and conditions on some offers. Your booking will be confirmed by e-mail and an invoice sent to you within 14 days. If any detail on the confirmation invoice is not correct tell us immediately. If there is an obvious error on the Invoice we reserve the right to correct it as soon as we become aware of it. We will do this within 7 days of issuing the Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund.
In the case of bookings received from Travel Agents we accept the booking by email and unless another agreement superseding this one then these terms and conditions will apply to the booking you supply by email.
2- Price
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. We reserve the right to add a fuel supplement to holiday prices should this increase after the date of your Invoice. Prices can go up or down. If the price increases by more than 2% we reserve the right to increase the price of your holiday after you have booked. After a confirmation invoice has been sent to you, any increase to your holiday price will be as the result of changes in our costs of supplying your holiday resulting from (fuel, transport charges, Government Tax increases which form part of our contract with the transport provider), currency fluctuations and government action. An administration charge and any relevant travel agent’s commission is included within these amounts. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge of £10. If the increase is more than 10% of the holiday price you may cancel your holiday booking within 14 days of notification of the increase and receive a refund of all monies paid to us except any amendment charges. Should you instruct your credit/debit card company to “charge back” any payment(s) properly due from you in respect of your booking, we will charge you an administrative fee of £10 per incident and associated costs. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s).
3- If we cancel your booking
We aim to provide your holiday as booked. But if, for example, there are not enough people booked on your cruise or you do not pay the balance of the holiday price on time, we may cancel it. We reserve the right to cancel your holiday in any circumstances but if we cancel your holiday you can either have a refund or accept a replacement holiday from us. Should you choose a replacement the terms and conditions of your holiday will not change and these conditions will still apply to your booking. In either case, we will pay you compensation, using the scale shown (unless we cancel your holiday because you do not pay us the balance of the holiday price or because of one of the events listed in the ‘Important note – events beyond our control’) and we will always refund the difference in price if the replacement holiday is of a lower standard and price. We will not cancel your holiday less than 60 days before you go, unless this is the result of one of the events in the ‘Important note – events beyond our control’.
4- If we change your booking details
Sometimes we need to make changes. We reserve the right to do this at any time. We will let you know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your departure.
5- If we make major changes to your holiday
SIf we have to make major changes to your holiday , including changes of accommodations: If we tell you about any of these changes after we have confirmed your holiday booking, you may either: (a) accept the new arrangements offered by us; or (b) cancel your holiday with us and receive a full refund of all monies paid. Either way, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control (see the ‘Important note – events beyond our control’) and we will always refund the difference in price if the replacement holiday is of a lower price.
6- Compensation:
Any compensation payable will be on these scales, based on how many days before your booked holiday departure we tell you of a major change. More than 60 days £0 60 to 30 days £10 30 to 15 days £20 14 to 7 days £30 7 to 0 days £40
If any major change indicated above is not acceptable to you, you can cancel your holiday booking. In this case we will refund all the money you have paid us and will pay you compensation as shown above, unless the change is for reasons beyond our control (see 'Important note - events beyond our control'). This standard payment will not affect your statutory or other legal rights.7- Events beyond our control
Events beyond our control include: war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, technical problems with transport or the ship, including changes due to rescheduling or cancellation of flights by an airline, for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events.
8- Holiday complaints
If you have a complaint about your arrangements whilst away, you must immediately notify us and we will try and resolve the problem immediately. If you are still not satisfied on your return home, you must write to us within 28 days of returning from your holiday to allow your complaint to be investigated properly. If you do not give us the opportunity to resolve any problem locally by reporting it to the agent, or calling and informing us, then we may not be able to deal positively with any complaint on your return. We can usually sort out any complaints you may have. Package Holidays: 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. We provide this security by way of an ATOL (number 9820) administered by the Civil Aviation Authority. If you book arrangements other than a package holiday from us, the financial protection referred to above does not apply.
9- Our responsibility
We will arrange for you to receive the holiday that you choose and that we confirm these services will be provided either directly by us or through independent suppliers contracted by us. We are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of your holiday is not provided as described and this spoils your holiday, we will pay you appropriate compensation unless this is due to reasons beyond our control (see 'important note – events beyond our control').
10- Personal Injury 1
For injury, illness or death while you are using the holiday services that we have arranged for you. As stated above it is your responsibility to take out the necessary insurance to cover you and your party while on holiday.
11- Personal Injury 2
For damages, injury, illness or death, which is not connected with the arrangements made by us. If you or someone on your holiday booking is injured, falls ill or dies while taking part in an activity which is not part of the holiday, or you need to incur unpredictable extra expenses for which we are not liable because the event is beyond our control (see Important note – events beyond our control') we will, where appropriate and subject to our discretion, try to help if we can. For example, we can help by providing translation services, communicating with the Maldives authorities, recommending foreign lawyers if needed and explaining the procedures you should follow. To do this you must ask us for help within three months of coming back from holiday and you must make a claim under your insurance policy’s legal expenses or other appropriate section. You must show us proof that your insurance company has received your claim and, if you get back the cost of legal or other expenses, you must repay us any money we have spent in helping you.
12- Your contract
By asking us to accept your booking, by email, or if your are booking through a third party, you are accepting and accepting on behalf of all persons travelling on this booking the terms of this agreement between us with regard to your booking and your travel arrangements. You also consent to our processing personal information about you and other members of your party. Where the context permits, reference to “you” and “your” will include you and all persons travelling on this booking. Your contract with us shall be governed by and construed in accordance with the law of The Maldives. You agree to submit to the exclusive jurisdiction of the courts of The Maldives over any claim or matter arising under or in connection with your contract with us. You agree however to submit to the law and jurisdiction of the country of residence of the customer in which the booking was taken in the event of debt collection for none payment of holiday invoices raised by Kada Leisure Pvt Ltd.
13- Paying for your holiday
You will be required to pay a deposit to us for each person when you book unless this is within 60 days of departure when the full amount for the booking is payable. The deposit amount will be specified by us when your booking is made. If it is not specified then it will be the amount that we ask you to pay when you book, even if this is 100% of the holiday price. If you pay less than the deposit then this is only part of the deposit referred to in this paragraph. The remaining deposit will be due if you cancel the holiday or a date specified at the time of booking or on your confirmation invoice Please note your booking deposit may be increased or there may be a charge payable for holidays or flight bookings where it is necessary to secure specific facilities with full payment at the time of booking e.g. specific types of airline tickets. Once confirmed, the booking deposit, additional charges paid will not be refunded in the event of cancellation except in the circumstances specified in Sections 2, 3 or 4 or as otherwise required by law. Unless otherwise agreed within 14 days of booking, we will send you a confirmation invoice showing how much you owe us. You must pay the amount on the last Invoice issued by us. If you don’t, we reserve the right to treat your booking as cancelled and to charge you a cancellation charge up to 100% of the total on that last Invoice, in accordance with the scale in section 16. If your payment is made by credit card a handling fee will apply, please check fee at time of booking. This may also apply to some debit cards. We do accept bank transfers.
14- To change your booking
(a). If you want to change any details of your booking, such as changing the date of your cruise or changing a name in your booking. We will do our best to help but please note that more major changes, such as those that would lower the basic price of your holiday, will be treated by us as a new holiday. (b). The price of your new holiday arrangements will be based on the prices that apply on the day you ask for the change. These prices may not be the same as when you first booked your travel arrangements. (d). If at any time after you have booked your holiday you want to change the cruise within 60 days of departure, you want either to change to a different cruise, then you will have to pay cancellation charges (see section 16).
15- Canceling your booking
If you want to cancel the booking or part of it, you must advise us. Once we receive your notice of cancellation you should expect to receive a conformation of your cancellation. If you do not then please contact us. To cover the cost of processing your cancellation and to compensate us for the risk that we may not be able to resell your travel arrangements, we make a cancellation charge on the scale shown below. The person/company who made the booking is responsible for paying this charge. The size of the charge depends on when we receive your cancellation notification.
16- Cancellation charges
These charges are based on when we receive your written email cancellation notice.
Cancellation received more than 90 days before departure - Loss of your deposit. Cancellation received less than 90 days before departure - No refund or payment due in full.17- Customer Conduct
We reserve the right to refuse to accept you as a customer or continue dealing with you if your behaviour is disruptive or affects other travellers or is threatening or abusive towards our staff or agents on the cruise, on the telephone, in writing or in person. If the Captain of the cruise ship or any of our staff believes that you could be disruptive or that you are suffering from a contagious disease, they can also refuse to let you proceed with your travel arrangements or restrict your movements on board or disembark you from a ship. In any of these circumstances no refunds or compensation will be paid to you and we may make a claim against you for any costs and expenses incurred as a result of your behaviour e.g. the cost of diverting the ship to remove you. Criminal proceedings may also be instigated.
18- Your accommodation
Any accommodation we arrange for you must only be used by those people named on your Confirmation Invoice (or on latest Amendment Invoice issued). You are not allowed to share the accommodation or let anyone else stay there. You are responsible for the cost of any damage caused to your accommodation or its contents during your stay,. These charges must be met by you and may have to be paid locally.
19- The conditions of your ticket
When you travel by sea plane or by sea, your journey may be subject to certain international conventions. You agree that the transport companies own ‘Conditions of Carriage’ will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage'. You acknowledge that all of these terms and conditions form part of your contract with us as well as with the transport company.
20- Contacting you
If you book via e-mail, we will communicate with you using the e-mail address you have provided. To provide your confirmation, cancellation, etc. We will assume that your e-mail address is correct and that you understand the risks associated with using this form of communication. Please note that you may still have to contact us by telephone or in writing as required in our terms and conditions.
