TERMS OF SERVICE

OVERVIEW

This website is operated by Roomista. Throughout the site, the terms “we”, “us” and “our” refer to Roomista. Roomista offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or procuring something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, visitors, customers, guests, hoteliers and/ or owners of accommodations.

Please read these Terms of Service carefully before accessing or using our website. They set out our respective rights and obligations, and also explain how best to access our products and how the various booking processes work. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - TERMS OF SERVICE

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - BOOKING TERMS AND CONDITIONS

Roomista acts as a booking agent for the hotel(s) it books. When you make a booking, you are entering into a contract with the hotel via Roomista Pvt Ltd, not with Roomista Pvt Ltd itself.

For your security, payments online are made through secure servers. For all bookings, Roomista will take a credit card number that is forwarded securely to the hotel to guarantee the reservation. In all cases, once the booking is confirmed, you are subject to the terms and conditions of that hotel’s cancellation/no-show policy.

Hotel cancellation/no-show policies may outline a period before check-in when cancellations (and/or) no-show will be subject to payment of a penalty. This period does not include the day of arrival – so, for example, a cancellation policy of ‘24 hours’ means a reservation must be cancelled at least 24 hours before midnight on the day before arrival to avoid the penalty. Any cancellations must be made through the system or emailing as soon as possible.

Where an offer of availability is made, the rooms are not held until the client accepts,0 We therefore advise clients to accept the offer as soon as possible after receipt in order to make a firm booking. You will be notified by email within 24 hours whether your booking has been successful. It is your responsibility to contact Roomista if a confirmation email has not been received.

Roomista cannot be held liable for errors or omissions in bookings or pricing, either made by the hotel, or as a result of system failure of any kind.

We do our utmost to ensure all Roomista hotel information is accurate, however hotel facilities may change at any time and any opinions expressed are subjective.

Any advance deposits, additional fees or charges will always be clearly marked before you confirm your booking. Once paid, these additional charges are non-refundable.

The tax charges on hotel booking transactions are a recovery of the estimated taxes (e.g. sales tax, service tax, value added tax, etc.) that Roomista pay to the hotel in connection with your bookings. The actual tax amounts on our services, if any, may vary depending on the rates in effect at the time of your hotel stay.

All currency conversions are based on data from the local banking rates and are only valid on the date of booking as a guideline. Payments are taken by hotels in the hotel's local currency and may be subject to exchange-rate fluctuations (depending on the date charged) and charges from your bank or credit card issuer for which we have no liability.

Any changes to a booking that involve the addition of sequential nights to a stay will be considered an amendment to the original booking, regardless of whether the extra nights are booked by the person who made the original booking, or by another guest with whom they are staying.

Bookings for Roomista's exclusive hotel offers or promotions are subject to the terms and conditions set by the hotel for its particular offer. All offers are on request and subject to availability which may change at any time. Offers may be subject to blackout dates which may be amended by the hotel at any time and which may not be specified on our website. They must be booked via phone and cannot be reserved online. Some hotels will require a deposit or full prepayment on booking, which may be non-refundable in case of cancellation. Any special terms will be stated on the booking and included in your confirmation. Hotel offers and promotions (and any applicable terms and conditions) are frequently added or amended, and will therefore only apply to completely new bookings. Reservations made before the start of the offer or promotion cannot be cancelled and rebooked at the lower rate. Please note that the normal Roomista extra may not always be applicable when booking a Roomista exclusive hotel offer or promotion. If it does apply it will be stated in the text of the offer.

It is members' own responsibility to ensure compliance with immigration requirements. Please check with the relevant embassy for visa and passport information. For vaccination information please check with your medical practitioner.

SECTION 4 - LIABILITY DISCLAIMER

The information, software, products, and services published on this web site may include inaccuracies or typographical errors. In particular, Roomista does not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of the hotel, resort, air, villa, car, airport transfer and other travel products displayed on this website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Any hotel, resort, villa ratings displayed on this website are intended as only general guidelines, and Roomista does not guarantee the accuracy of the ratings. Changes are periodically added to the information herein. Roomista and/or its respective suppliers may make improvements and/or changes on this web site at any time.

Roomista and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this web site for any purpose and the inclusion or offering for sale of any products or services on this web site does not constitute any endorsement or recommendation of such products or services by Roomista. Roomista shall use reasonable care and skill in carrying out the services contained in this web site.

Roomista and/or its respective suppliers hereby disclaim all warranties, terms and conditions with regard to this information, software, products, and services, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and non-infringement.

The resorts, hotels, villas and other suppliers providing travel or other services for Roomista are independent contractors and not agents or employees of Roomista. Roomista is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Roomista has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. In no event shall Roomista and/or its suppliers be liable for any, indirect, incidental, punitive, special, or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this web site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this web site, (including, but not limited to loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if Roomista and/or any of its suppliers have been advised of the possibility of damages. Except in relation to liability for death or personal injury for which no limit applies. Roomista and/or its respective suppliers shall be liable for direct loss arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, up to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events. This does not affect your statutory rights as a consumer.

SECTION 5 – LINK TO THIRD PARTY SITES

This Web site may contain hyperlinks to Web sites operated by parties other than Roomista. Such hyperlinks are provided for your reference only. Roomista does not control such Web sites and is not responsible for their contents or your use of them. Roomista's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

SECTION 6 - INSURANCE

Roomista provides no insurance for passengers for material or health losses on the trip herein. Passengers are advised to obtain their own travel insurance for health while travelling. Each passenger should travel with adequate insurance cover. Such insurance will ensure that you are covered against unforeseen cancellation charges, medical costs incurred whilst away from home (subject to approval), personal liability claims, loss of money etc. We recommend that insurance is purchased at the time of booking your holiday to insure against possible cancellation costs.

SECTION 7 – MEDICAL ADVICE AND INOCULATIONS

Please seek your doctor’s advice for specific information relating to your journey.

SECTION 8 – PASSPORT & VISAS

All passengers must be in possession of a valid travel passport. Those travelling on family passports must travel with the main passport holder. It is your responsibility to check visa requirements with your holiday destination country’s consulate office in your country or with online official web sites before you travel.

Please ensure if making a late booking that you will have enough time to obtain the necessary visas if required. It is your responsibility to ensure you have the correct valid passport and visa documentation in time. Neither we nor the suppliers accept any responsibility if you cannot travel because you have failed to comply with any passport, visa or immigration requirements.

SECTION 9 – OPTIONAL EXCURSIONS & TOURS

Optional excursions, tours, car hires and similar services outside of the pre-booked and paid for itinerary are undertaken at customers own risk. Roomista bears no legal responsibility for tours, excursions and car hire services booked locally with any Roomista local partner handling companies or rep service companies.

SECTION 10 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 11 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - INDEMNIFICATION

You agree to defend and indemnify Roomsita Pvt Limited, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • - (a) your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;
  • - (b) your violation of any law or the rights of a third party; or
  • - (c) your use of this Web site.

No unlawful or prohibited use

As a condition of your use of this Web site, you warrant to Roomista that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - GOVERNING LAW

All disputes, claims or other matters arising from or relating to the Agreement and your use of the Site will be governed by the laws of Sri Lanka without regard to its conflict of law provisions and submit to the exclusive jurisdiction of the Courts of Sri Lanka. Any cause of action arising out of or in connection with this Site, unless commenced within one (1) year from the date of the accrual of the cause of action, will be permanently debarred.

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – USER REVIEWS, COMMENTS AND CONTENT

Roomista may offer a facility allowing users of this website to post reviews, comments and other material in relation to hotels as well as other holiday and travel experiences (“User Materials”). You disclaim any proprietary rights you may have in such User Materials, and the same may be freely used, copied, distributed and made available in any medium and in any form by Roomista without your permission. Where this posting facility is offered, you expressly agree only to submit User Materials that are appropriate to that service, complying with these User Terms and Conditions and also any accompanying guidelines made available on this website. You agree to indemnify Roomista for all damages, losses, costs and expenses in relation to claims brought by any third party against Roomista arising out of or in connection with breach of these Terms of Use in relation to such a service.

Specifically, by using such a service, you represent and warrant that:

  • - a) you own or otherwise control all of the rights to the User Materials that you post;
  • - b) as at the date of posting, the User Materials submitted are accurate;
  • - c) User Materials that you supply do not breach any Roomista Terms of Use, guidelines or policies (as applicable from time to time);
  • - d) you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such;
  • - e) you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity;
  • - f) you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so;

Roomista does not edit the User Materials submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such User Materials or their subsequent posting, use or distribution. In addition, Roomista does not verify, endorse or approve the views or comments expressed in any User Materials which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk.

Roomista reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any User Materials. Amongst other things, this includes situations where Roomista receives a third party complaint and/or has reason to believe that there has been a breach of these Terms of Use. If you have a complaint about any reviews, comments or material posted on this website you should put such complaint in writing (giving as much information as possible about the circumstances) to: info@roomista.com

Note that Roomista reserves the right to ask for further information in relation to nature of such complaint and, if necessary, may ask you to verify your identity.

SECTION 20 – CUSTOMER SERVICE AND THE HANDLING OF COMPLAINTS

Queries or requests for information should be sent to support@roomista.com or a Customer can call on +94 117 391 710.

Complaints should be sent by email to support@roomista.com, which will receive them on behalf of the Suppliers. For ease of resolution Customers are encouraged to bring their complaints within 28 days of the end of a trip.

In general, complaints will only be dealt with if the issues mentioned in the e-mail were reported by calling +94 117 391 710 or by sending an email to support@roomista.com during the trip (or as soon as reasonably practicable), or to the carrier if the dispute arose during the outward or return journey, so that measures can be taken to resolve the problem and in order to limit the damage suffered by the Customer. However, exceptions may be made depending on the circumstances.

Complaints about loss of, theft of or damage to luggage, clothing or personal belongings that were not under the Customer's control during the stay should be addressed to the resort or hotel.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@roomista.com.

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