Terms and Conditions – Destiny Leisure

1. Introduction and Acceptance

These Terms and Conditions (“Terms”) govern your access to and use of the website destinyleisures.com (the “Website”) and all tour packages, services, and bookings offered by Destiny Leisure Solutions Pvt. Ltd (“the Company,” “we,” “us,” or “our”). By accessing our Website, making a booking, or utilizing any of our services, you explicitly acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and our Refund Policy.

2. Company Information

Legal Name: Destiny Leisure Solutions Private Limited
Registration Number: PV 00331402
Sri Lanka Tourism Development Authority (SLTDA) License Number: SLTDA/PRO/TA/01011
Registered Address: No 6, 1st Floor, Joseph Lane, Colombo – 0400, Sri Lanka
Contact Email: info@destinyleisures.com
Contact Phone: +94766757119 / +94112368898
Website: www.destinyleisures.com

3. Definitions

“Tour Package” refers to all services confirmed and booked through us, including but not limited to accommodation, transportation, activities, and meals, as specifically detailed in your confirmed itinerary.
“Customer” / “You” refers to the individual making a booking, and all persons included in that booking, who will be traveling.
“Supplier” means any third-party service provider, including but not limited to hotels, airlines, local operators, transportation providers, and activity providers.
“Force Majeure” denotes unforeseen and uncontrollable events that prevent the fulfillment of contractual obligations. This includes, but is not limited to, acts of God, war, terrorism, natural disasters, epidemics, pandemics, government actions, civil unrest, strikes, and technical failures beyond our reasonable control.

4. Booking and Payment Terms

Booking Process

All bookings require the completion and submission of a Reservation Confirmation form, generated by the Company.
Bookings are confirmed solely upon our receipt of your email consent after you have thoroughly reviewed the Reservation Confirmation form and made the initial deposit payment.
A payment confirmation signifies your explicit consent to proceed with the booking and that you have reviewed all details contained within the Reservation Confirmation form.
Prices are subject to change until your booking is officially confirmed by the Company.
All formal communication regarding bookings, amendments, or cancellations must be conducted in writing via email.

Payment Terms

Deposit: 20% of the total tour cost is required to confirm your booking.
Final Payment: The remaining balance is due 30 to 60 days prior to the departure date, with the exact timeframe varying based on the specific tour package. You will be notified of the exact due date for your tour.
Payment Methods: We accept payments via credit card, bank transfer, and other approved payment platforms as indicated by the Company.
Late Payment: Failure to make full payment by the stipulated due date may result in the automatic cancellation of your tour package, with forfeiture of any payments made up to that point.

Pricing

Prices are primarily quoted in Australian Dollars (AUD). However, you may view estimated conversions to other currencies such as USD, GBP, EUR, JPY, or SLR on our Website for your convenience. The final transaction currency will be AUD unless otherwise specified.
The price of your tour package includes only those services explicitly mentioned in your final confirmed tour itinerary.
Unless specifically stated in your itinerary, international flights are excluded from the tour price.
Each final confirmed tour itinerary clearly details all inclusions and exclusions applicable to that specific plan.
We reserve the right to adjust prices to account for significant currency fluctuations, fuel surcharges, government fees, or new taxes that may arise.

5. Travel Documentation and Requirements

Customer Responsibilities

It is your sole responsibility to ensure that you and all travelers in your party possess:

A valid passport with a minimum of six (6) months validity beyond your intended return date.
All necessary visas and travel permits.
All required vaccinations and health certificates.
Mandatory comprehensive travel insurance, which must be maintained throughout the duration of your tour. You are responsible for ensuring your insurance policy adequately covers all aspects of your trip.
Compliance with all destination-specific entry, exit, and health requirements, including any local laws and customs.

Health and Fitness

You must disclose any pre-existing medical conditions, allergies (food or medicinal), or disabilities that may affect your travel or participation in tour activities.
Certain tours may require a minimum level of physical fitness. We will advise you of these requirements where applicable.
We reserve the right to refuse participation to any individual if, in our professional judgment, there are safety concerns due to their health or fitness level.
For certain adventure tours, a medical clearance certificate from a qualified physician may be required.

6. Tour Inclusions and Exclusions

Typically Included

Unless otherwise specified in your final confirmed tour itinerary, the following are generally included:

Accommodation as detailed in your itinerary.
Transportation during the tour as outlined.
Meals specifically mentioned in your itinerary.
Professional tour guide services.
Airport transfers as detailed in your itinerary.

Typically Excluded

Unless specifically stated as an inclusion in your final confirmed tour itinerary, the following are generally excluded:

International airfare.
Travel insurance (mandatory, see Section 5).
Personal expenses and shopping.
Entrance fees to attractions as specified.
Alcoholic beverages.
Tips and gratuities for guides, drivers, and service staff.
Optional activities and excursions not listed in your itinerary.
Visa and passport application fees.
Meals not expressly included in your itinerary.
All medical and health-related expenses incurred during travel.

7. Changes and Cancellations

Changes by Customers

Name Changes: Permitted up to 30 days prior to departure, subject to the terms and any applicable fees imposed by our Suppliers.
Date Changes: Subject to availability and may incur administrative fees and/or Supplier charges.
Tour Changes: Significant changes to your chosen tour package may be treated as a cancellation of the original booking and a rebooking of a new tour, subject to our Refund Policy.
Cancellations: All cancellations by the Customer are subject to our detailed Refund Policy, which is available separately on our Website and forms part of these Terms.

Changes by Destiny Leisures

While we endeavor to operate all tours as advertised, we reserve the right to:

Make minor adjustments to itineraries due to operational necessity, local conditions, or unforeseen circumstances, without prior notice.
Substitute accommodation of a similar or superior standard if the original accommodation becomes unavailable.
Change transportation schedules or modes if necessary.
Cancel a tour due to insufficient bookings, Force Majeure events, or other unforeseen circumstances beyond our control. In such cases, we will inform you as soon as reasonably possible and offer alternative arrangements or a refund as per our Refund Policy.

8. Liability and Limitations

Our Liability

We act as an intermediary, facilitating arrangements between you and various independent third-party Suppliers. We exercise due diligence in selecting reputable Suppliers.
Our liability is limited to the total cost of your tour package.
We are not liable for the acts, omissions, or negligence of third-party Suppliers, over whom we have no direct control.

Exclusions of Liability

We shall not be liable for any direct, indirect, incidental, special, or consequential damages, losses, or expenses arising from:

Personal injury, illness, or death, unless directly caused by our proven negligence.
Loss of or damage to personal property.
Costs incurred due to flight delays, cancellations, or re-routing by airlines.
Additional expenses arising from travel delays, missed connections, or unforeseen circumstances.
Consequences resulting from your failure to carry proper documentation (e.g., passport, visa, health certificates).
Any events or consequences arising from Force Majeure (as defined in Section 3).

Customer Responsibilities

You are responsible for:

Adhering to all safety instructions and tour guidelines provided by our guides or Suppliers.
Maintaining appropriate and comprehensive travel insurance.
Complying with all local laws, customs, and regulations of the countries visited.
Ensuring the security of your personal property and valuables at all times.
Arriving at designated meeting points on time for all scheduled activities and transfers.

9. Health and Safety

Safety Measures

We conduct risk assessments for all tour activities to ensure reasonable safety standards.
Safety briefings are provided for adventure activities where applicable.
Emergency procedures are established for all tours.
Our local guides are trained in first aid and emergency response protocols.

Customer Obligations

You must disclose to us any medical conditions, disabilities, or special requirements (e.g., dietary restrictions, mobility assistance) prior to making your booking. While we will endeavor to accommodate reasonable requests, we cannot guarantee special arrangements if not informed in advance.
You must follow all safety instructions and warnings provided by our guides, local operators, or Supplier staff.
Participation in all activities is at your own risk.
It is mandatory to maintain appropriate travel and medical insurance throughout your tour.

Adventure Activities

For higher-risk adventure activities, you may be required to sign a separate consent and waiver form.
Age and fitness restrictions may apply to certain activities.
Medical clearance may be required for specific strenuous activities.
Participation in all tour activities, including adventure activities, is entirely voluntary.

10. Accommodation and Transportation

Accommodation Standards

The type of accommodation provided (e.g., 3-star, 4-star, 5-start, boutique) will vary depending on the location, availability, and specific tour package. We strive to select accommodation based on cleanliness, service, and suitability.
Room assignments are typically twin share unless a single occupancy room is requested, and a single supplement fee is paid.
Specific room types, bedding configurations, and amenity requests are subject to availability and cannot be guaranteed.

Transportation

All transportation during the tour, as specified in your itinerary, is included.
Vehicle types and facilities will vary by destination, group size, and local infrastructure.
Seat assignments are generally not guaranteed.
Additional transportation costs may apply for missed transfers or unscheduled personal travel.

11. Conduct and Behavior

Acceptable Behavior

During your tour, you are expected to:

Respect local laws, customs, traditions, and the environment of the destinations visited.
Show consideration for other group members and local residents.
Comply with all instructions given by your tour guide or Company representatives.
Exercise responsible alcohol consumption.

Unacceptable Behavior

We reserve the right to remove any participant from a tour, without refund, for engaging in:

Offensive, illegal, or unsafe behavior.
Harassment, intimidation, or discrimination towards other participants, staff, or local residents.
Any conduct that disrupts the tour operations or compromises the safety or enjoyment of others.

12. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is caused by a Force Majeure event. Such events include, but are not limited to:

Natural disasters, severe weather events.
War, terrorism, civil unrest, or acts of rebellion.
Government restrictions, advisories, or border closures.
Epidemics, pandemics, or public health emergencies.
Strikes or industrial action.
Technical failures beyond our reasonable control.

In the event of a Force Majeure, we will endeavor to:

Provide reasonable alternative arrangements where feasible.
Offer credit vouchers for future travel, if applicable and at our discretion.
Provide refunds as outlined in our Refund Policy, considering any non-recoverable costs from Suppliers.

13. Travel Insurance

Recommendation

We strongly recommend that all customers purchase comprehensive travel insurance at the time of booking. Your policy should adequately cover:

Trip cancellation and interruption.
Medical emergencies and emergency medical evacuation.
Personal property loss or damage and baggage delay.
Flight delays and missed connections.
Personal liability.

Our Position

Obtaining and maintaining appropriate travel insurance is solely the Customer’s responsibility.
We are not liable for any losses, damages, or expenses that could have been covered by a comprehensive travel insurance policy.
Any claims related to insurable events must be made directly with your insurance provider.

14. Data Protection and Privacy

Your personal information is handled strictly in accordance with our Privacy Policy, which is available on our Website.
Customer data may be shared with necessary Suppliers (e.g., hotels, airlines, local operators) solely for the purpose of fulfilling your tour arrangements.
We comply with all applicable data protection regulations.
Please be aware that photos, videos, and other marketing materials taken by our staff or professional photographers during tours may be used in promotional content (e.g., on our Website, social media). If you prefer not to be featured, please notify us in writing.

15. Intellectual Property

Our Content

All content on our Website and social media platforms, including text, graphics, logos, images, and other materials, are the property of Destiny Leisure Solutions Pvt. Ltd or our licensors and are protected by copyright and intellectual property laws.
Unauthorized use, reproduction, distribution, or modification of our content is strictly prohibited.
Customer reviews and testimonials may be used by us for marketing and promotional purposes.

Customer Content

By submitting photos, videos, or testimonials, you grant Destiny Leisure Solutions Pvt. Ltd a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, adapt, publish, and display such content for promotional and marketing purposes.
You retain ownership rights to your personal images and content.
If you wish to opt-out of the use of your images or testimonials for marketing purposes, please notify us in writing.

16. Dispute Resolution and Governing Law

Resolution Process

In the event of a dispute or complaint, we encourage you to follow these steps:

Direct Contact: Contact us in writing via email (info@destinyleisures.com) within 30 days of the tour’s completion, providing full details of your complaint.
Internal Review: Our management team will review your complaint and respond within 14 business days.
External Mediation: If a satisfactory resolution is not reached, we may agree to independent travel industry arbitration, if available and mutually agreed upon.
Legal Action: As a last resort, legal action may be pursued, subject to the governing law and jurisdiction clause below.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Sri Lanka. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Sri Lanka.

17. Booking Agents and Third Parties

Authorized Agents

If you book our services through an authorized travel agent, your booking remains subject to these Terms and Conditions.
Agent-specific terms and conditions may also apply, and you should review them separately.
We are not responsible for any representations or statements made by authorized agents that are not explicitly contained within our written materials or confirmed by us.

Online Travel Agencies (OTAs)

Bookings made through third-party online travel agencies or platforms are subject to both these Terms and the additional terms and conditions of that specific platform.
For any service-related issues during your tour, direct communication with Destiny Leisure Solutions is required.
Cancellation policies specific to the OTA platform may differ from ours, and you should clarify these with the OTA directly.

18. Special Conditions

Group Bookings

Minimum group sizes may apply to certain tours.
If you are booking on behalf of others, you warrant that you have the authority to do so and that you have conveyed these Terms and Conditions to all members of your group.
Special group terms, conditions, and discounts may apply and will be outlined in your group booking agreement.

Corporate and Educational Groups

Separate agreements may be required for corporate and educational group bookings.
Educational institution policies may also apply and must be adhered to.
Corporate billing terms are available upon request.

19. Communication and Notices

Official Communications

All official notices and communications from Destiny Leisure Solutions will be sent to the email address you provided at the time of booking. It is your responsibility to ensure this email address is accurate and monitored.
Updates to our Website and policy changes will be posted online.
In emergency situations, communications may also be made via phone or SMS to the contact number provided.

Language

These Terms and Conditions are originally written in English.
Any translations provided are for convenience only. In the event of any conflict or inconsistency between the English version and a translated version, the English version shall prevail.

20. Severability and Updates

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

Updates

We reserve the right to update or modify these Terms and Conditions at any time without prior notice.
Any material changes will be communicated to existing customers via email or prominent notice on our Website.
Your continued use of our Website or services after any such modifications constitutes your acceptance of the updated Terms.

21. Contact Information

For any questions regarding these Terms and Conditions or our services, please contact us:

Destiny Leisure’s Email: info@destinyleisures.com Phone: +94766757119 / +94112368898 (SL) / +61 491 373 646 (Aus)

Address: No 6, 1st Floor, Joseph Lane, Colombo 04, 0400, Sri Lanka Website: www.destinyleisures.com

By proceeding with a booking with Destiny Leisures, you acknowledge that you have carefully read, fully understood, and expressly agree to be bound by these Terms and Conditions.

Last updated – 23/07/2025 – ver1