Terms & Conditions - Hummingbird Holiday Homes

User Agreement

Access to and use of this website is conditional upon your acceptance of these terms and conditions. Please read the following terms and conditions closely before using our website. If you do not agree with any part of these terms and conditions, you must not use this website.

Any use of the www.hummingbirdholiday.com website, or written communication with Hummingbird Holiday Homes, for the purposes of travel arrangements, confirms that you are aged 18 or over and that you have read and fully accept these terms and conditions. These terms and conditions are devised for the protection of all parties.

Booking Conditions

The Hummingbird Holiday Homes website is owned and operated by Hummingbird Holiday Homes LTD, with offices located at “ Hummingbird House”, 46/26, Navam Mawatha, Colombo 02, Sri Lanka.

Customers are responsible for reading the terms and conditions including booking conditions which are available at www.hummingbirdholiday.com/terms-and-conditions. You agree to abide by the terms or conditions of purchase imposed by Hummingbird Holiday Homes LTD with whom you elect to deal. You understand that any violation of any such conditions of purchase may result in cancellation of your reservations or purchases, in your being denied access to any hotels, in your forfeiting any monies paid for such reservations or purchases, and Hummingbird Holiday Homes debiting your account for any costs we incur as a result of such violation. You will be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of this website, and, without limitation, you will be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on your behalf, whether or not such uses were performed with your consent.

With respect to hotel reservations and ground arrangements made directly through this website, your reservation will become confirmed once you have sent an on-line confirmation and provided your credit card details, and paid the total amount due in full or any required deposits and when we acknowledge receipt of your full payment OR deposit. In some cases an initial non-refundable deposit may be charged.

Booking Your Holiday

A booking is accepted only after we receive written confirmation from you along with full payment or a non-refundable deposit of 50% of the value of the Travel Arrangements. (This may be waived solely at the discretion of Hummingbird Holiday Homes Ltd.)

For booking made via our Internet Booking Engine the full payment or for email inquiries, the full payment or payment of a deposit or your written confirmation will indicate an acceptance of these terms and conditions by you.

Final Payment

If balance of payment is due for your travel arrangements, the balance payment must be paid by you before leaving the hotel.

Methods of Payment

Payments for full or part payment for the travel arrangements may be made either by 1) bank transfer or 2) credit card (Visa, Mastercard, AMEX and China Union Pay). If paid via bank transfer, all additional charges and fees related to the transfer will be borne by you.

If paying by credit card you can pay through the secure internet payment gateway facility available on our website www.hummingbirdholiday.com/ with the booking reference provided by our reservations associate.

Your payments are processed entirely on the Secure Payment Sites operated by The Hongkong and Shanghai Banking Corporation Limited (HSBC) for Mastercard, Visa and UnionPay card payments and The Nations Trust Bank PLC (NTB) for AMEX card payments. Your card details are not received or stored by Hummingbird Holiday Homes Ltd. in any form, and when you place an order as part of the checkout process you are automatically taken to the HSBC Secure Payment facility for Mastercard, Visa and UnionPay card payments and the NTB Secure Payment facility for AMEX card payments. Your credit card information will be securely transmitted to HSBC or NTB for transaction authorization using SSL 256-bit encryption. All payments are denominated in United State dollars (US$) and Sri Lankan rupee (LKR).

SSL, security internet protocol known as Secure Socket Layer, uses connection-oriented end-to-end encryption to provide data confidentiality service and data integrity service for application layer traffic between your web browser and the secured HSBC and NTB payment gateway servers. It provides data encryption, server and client authentication and message integrity between the client and the web server.

Price Policy

The price of Your Travel Arrangements is subject to the possibility of changes and surcharges beyond the control of us and may occur because of governmental action, currency exchange rate fluctuation and increases in suppliers’ prices as an example. If the price of Your Travel Arrangements is increased by any matters outside our control then you must either pay the additional price to us when we request it or cancel Your Travel Arrangements in accordance with these Booking Conditions.

Booking Confirmation

If booking is made through the internet payment gateway

Please do not reply to your auto generated booking confirmation email. Should you like to contact us regarding your reservation please email us on onlinereservations@hummingbirdholiday.com and mention your booking reference number, including name, dates and the hotel. You can also call us on +94 11 4709400 (Monday to Saturday between 9.00am to 6.00pm and on Sundays from 9.00am to 2.00pm, excluding Sri Lankan holidays)

Rates

The rates listed on the online booking engine may vary depending on whether the guest is a Sri Lankan, Sri Lankan resident visa holder or a foreign national. These rates may/will vary depending on the nationality of the guest who is attempting to make a reservation through the online booking engine. Each section may have different rate structures depending on the offers available and the guest will be able to make a reservation depending on whether all the criteria’s of the booking conditions are met. If all the requested criteria’s are not met, Hummingbird Holiday Homes Ltd has the liberty to request the guest to amend the reservation or cancel the reservation (See disputes section for more information).

Rates for Sri Lankans / Sri Lankan resident visa holders

Sri Lankans and Sri Lankan resident visa holders are eligible to book the Sri Lankan rate made available through the online booking engine.

The guest making the reservation should enter the requested information which will be used to verify authenticity. Verification (Sri Lankan National ID or the Sri Lankan Resident Visa) will also be requested at the hotel during check-in to avoid any confusion.

If a guest books the Sri Lankan rate and a foreign national(s) is a part of the group, the standard foreign rate will be charged from that guest(s) at the hotel during check in.

If a foreign national does book the Sri Lankan rate, then the difference between the Sri Lankan rate and the standard foreign rate will have to be paid at the hotel during check in.

Rate Changes

Different rate categories are listed on the online booking engine, regardless of the currency it is listed under or/and the offer(s) available is subject to change at the discretion of Hummingbird Holiday Homes Ltd.

Since the rates are changed/amended frequently there might be more than one rate for a given date. Once the confirmation voucher is generated through the booking engine and provided that the booking is within the ‘no refund’ period of the cancelation policy (please see below for more information about amendments and cancellations) it is not possible to change/amend the original rate the reservation was confirmed under.

Amendments and Cancellations

While we will use our best endeavors to provide all travel arrangements as confirmed, reasonable changes in the travel arrangements may be made after notifying You.

Cancellation Policy for Normal Bookings

For bookings made for travel until 31st October 2022

Cancellations notified at least 2 days before arrival date, will be refunded in full (less any bank charges, if any)
Failure to arrive at the hotel without notice, is subject to a 100% cancellation fee.

For bookings made for travel between 1st November to 30th April

Cancellations received with 8 days’ or more notice will be refunded in full less any bank charges. (If any)
Cancellations received with less than 7 days’ notice is subject to a 100% cancellation fee.
Failure to arrive at the hotel is subject to a 100% cancellation fee.

Hummingbird Surf/ Kottukal Beach House by Hummingbird

7 days cancellation policy applies for bookings made for stays between 1st November to 20th December, and 10th January to 31st March
2 days cancellation policy applies for bookings made for stays between 1st April to 30th June, and 1st September to 31st October
14 days cancellation policy applies for bookings made for travel dates between 1st July and 31st August 2020.

Hummingbird Jaffna / Hummingbird Mahesa Bhawan

7 days cancellation policy applies for bookings from 1st to 31st August.
Free cancellation policy applies for bookings made during the rest of the period.

Cancellation Policy for bookings of Early Bird offer

Any cancellation made on bookings of Early Bird offer, are non-refundable.

Cancellation Policy for Super Peak Period

All bookings received within the “super peak” period (23rd December to 10th January) at all hotels and villas will be non-refundable. (Except for Hummingbird Surf, Kottukal Beach House by Hummingbird, Hummingbird Jaffna, Hummingbird Mahesa Bhawan – these properties will continue with 14 days cancellation policy throughout)

Cancellation Policy for amended bookings
The cancellation policy will be applicable to the original date of arrival and not to the extended date of arrival. If the date of arrival is brought forward, the cancellation policy will be applicable to the amended date of arrival.

Cancellation Policy for Special Offers

The cancellation policy for special offers [including the Early Bird Offer stated above] will be clearly depicted on the more information section on the IBE, under the terms and conditions section on the IBE and website.

Cancellation policy for special voucher promotions
All vouchers purchased under the promotions “12 Stays of Christmas” and “Boxing Day Offer” are non-refundable. These vouchers are valid for travel until 30th June 2021. (Validity may be changed considering the pandemic situation in the country).

Child Policy

Children below 5 years – Free of charge on existing bedding
Children between 6-11 years (up to maximum 02 children) sharing parents’ room – 50% on meal rates only on existing bedding
Child meal rates are collected directly at the property

Child Policy for Calamansi Cove Villas by Hummingbird

Children below 5 years – Free of charge
Children between 5 – 7 years sharing parent’s room on existing bedding – 50% on meal rates
Children between 8 – 12 years sharing parent’s room on existing bedding – full meal rates applicable

Changes to the Booking

Transfer between Hummingbird Holiday Homes

In case you wish to change your existing booking to another Hummingbird Hotel, you’re entitled to transfer the full sum of money towards the new booking and pay the balance. You may mail your changes to onlinereservations@hummingbirdholiday.com should you require such a service. Sorry we will not be able to refund any excess money, instead you will be entitled to utilize against extra expenditure at the hotel during your stay.

If the reservation amount is less than the rate of the Hummingbird Hotel you wish to be transferred too, then the balance payment must be done before departure [exceptions made are at the sole discretion of Hummingbird Hotel LTD]

Transfer of bookings among hotels is subject to availability.

Date Changes

If you wish to change the date of reservation, it can be done so by sending a mail to onlinereservations@hummingbirdholiday.com

If the online rate for the alternate reservation date(s) is less than the original rate, the excess money can be utilized against extra expenditure at the hotel during your stay.

If the online rate for the alternate reservation date(s) is higher than the original rate, the balance must be paid by you before departure.

Date changes will be done subject to availability.

Airport Transfers

Airport Transfers can be arranged at favorable rates. We would require your confirmed flight details to arrange and confirm airport transfers and rates for the same. Please send the details to onlinereservations@hummingbirdholiday.com or to the reservation mail address of the respective Hummingbird Hotel.

Overbooking Transfers

In the case where the hotel is overbooked we will request to transfer your booking to a similar or higher category hotel.

You may agree to be transferred or you may cancel the booking. If you agree to be transferred, then we will do so to the best of our ability and without any additional cost. If you wish to cancel the reservation at this point, we will do so without any penalties and refund the full amount (minus any bank charges)

Best rate guarantee

Hummingbird Holiday Homes guarantees to provide the lowest room rates available on the internet through https://www.hummingbirdholiday.com for hotels owned and managed by Hummingbird Holiday Homes Ltd.

The guest must have a confirmed reservation made through https://www.hummingbirdholiday.com The confirmation mail sent after making the online reservation will be considered as proof of reservation.

The claim must be made within 24 hours of making the reservation via https://www.hummingbirdholiday.com

The competing rate must be an exact match to the original booking made through https://www.hummingbirdholiday.com i.e. same Hummingbird Hotel, same number of guests, same meal plan, same room type and same date of arrival and departure.

This guarantee does not apply to:

Auction sites where the hotel name or the brand is not specified/mentioned until the booking process is finalized.

Websites that sell Hummingbird Holiday Homes as travel packages i.e. multiple night stays, hotel stay and car rentals, hotel stay and airfare etc.

Qualified discount rates including, but not limited to Travel Industry discounts, Government discounts, Senior Citizens discounts, Long stay discounts, Club discounts etc

Unpublished or negotiated rates given to corporate entities, travel agents, tour operators or other discounted rates given for specific groups of people.

This best rate guarantee cannot be combined with any other offer.

Hummingbird Holiday Homes Ltd. has the sole right and discretion to determine the validity of any claim. Hummingbird Holiday Homes Ltd. will genuinely evaluate any claim sent and will evaluate all the terms and conditions are met. In any case of dispute, Hummingbird Holiday Homes Ltd decision is final.

Booking (Reservation) Disputes

If a dispute arises with regard to a reservation made with any Hummingbird hotel or a hotel managed by Hummingbird, then Hummingbird Holiday Homes Ltd. has the sole authority to cancel the reservation by informing the guest via email. The reservation amount will be refunded in full minus any bank charges to the credit card of the guest.

Health, Passport and Visas

It is your responsibility to ensure that you and other members of your party obtain the right inoculations and medical advice before you travel. Similarly, it is your responsibility to ensure that you and other members of your party have correct and valid passports, visas and have conformed to all other requirements pertaining to your travel arrangements before the holiday commences.

Should you require assistance on this matter we will be pleased to make recommendations. We will not be held responsible for you travelling without the correct travel documents.

International and Domestic Air Booking

Reconfirmation of flight bookings is your responsibility. As Travel Arrangements may be booked to connect with international and domestic air flights it is Your or the travelers responsibility to keep us updated as to flight times and numbers.

Travel Insurance

You are strongly recommended to take out personal travel insurance, at the time of booking, for all members of your party. It is your responsibility to ensure that the insurance you purchase is adequate. Booking acceptance shall be deemed to include your confirmation that you have taken out such insurance. If required we could direct you to our sister company Hummingbird Travels www. Hummingbirdtravels.com. Hummingbird Travels can provide you personal travel insurance for the time spent in the island, please contact us for further details.

Responsibility

We will only accept liability for incidents that arise as a direct result of our proven negligence, or that of our suppliers, in respect of arrangements forming part of your holiday itinerary, in cases where all your holiday accommodation and transfers are arranged by us for the entire extent of your stay. This applies to illness, injury and/or death.

Hummingbird Holiday Homes Ltd. cannot be held responsible for the failure of any component of the holiday for which We do not have direct responsibility. This includes any difficulty in finding hotels if customers choose to arrange their own transport.

There are circumstances where it is impossible to full fill the contract as a result of war, the threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disasters, fire or adverse weather conditions and all similar events outside our control. In these circumstances we shall not be liable for compensation where we are forced to cancel, delay, curtail or change your reservation in any way or where our performance of the contract is affected or prevented.

We assume no responsibility for any loss, damage to baggage, property or for injury illness or death or for any damages or claims however so caused arising directly or indirectly from accidents, loss or damage to person or property, delays, transport failures, strikes, war, force majeure, Acts of God etc. or any other loss arising from or pursuant to Your Travel Arrangements.

We accept responsibility for ensuring the holidays which you book with us are supplied as described and that the services we are contractually obliged to provide are to a reasonable standard.

There may be instances where alternative accommodation or services may need to be provided, in such instances we will ensure this is of a similar or superior standard.

Breakages and Damages

You will be responsible for any breakages, losses or damage caused by you or a member of your party during your stay in the accommodation. It is your responsibility to put right the damage or to make full payment to the hotel before departure and to indemnify us against any losses, damages or claims made against us.

Behaviour

You are responsible for compliance with all relevant regulations governing carriage by air or any other mode of transport and your stay during your holiday. If in the opinion of our suppliers/service providers and/or guide representative your behavior is disruptive or causing distress, injury or danger to other clients, our staff or any other third party, your reservation may be terminated and we shall not be responsible for any costs or claims that are incurred.

Severability

If any of these Booking Conditions are invalid or unenforceable then subject to law, all other provisions of these Booking Conditions shall be and continue to be valid and enforceable.

Arbitration

When your booking is confirmed with us, a contract between Hummingbird Holiday Homes Ltd. and / or you is constituted. That contract and these Booking Terms and Conditions shall be governed in all respects by the laws of Sri Lanka.

Complaints

We would wish to resolve amicably any reasonable complaint that we receive relating to the standard of service or accommodation arrangements.

If your complaint cannot be resolved locally you must follow this up by writing a formal complaint letter to us within 28 days of your return home incorporating all other relevant information. It is a condition of this agreement that you communicate any problem relating to the standard of service or accommodation arrangements to the relevant authority at the Hummingbird Hotel you will be staying in. If still not resolved then follow this up with a written complaint. If you fail to follow this simple procedure we cannot accept responsibility as we have been deprived of the opportunity to investigate and rectify the matter.

Please mail your concerns to onlinereservations@hummingbirdholiday.com

EXCLUSION OF LIABILITY

Hummingbird Holiday Homes Ltd. does not guarantee that all information available is free from errors or omissions but we will use all reasonable endeavors to correct any errors or omissions once notified of them. Our opinions are our own. Whilst we rigorously strive for accuracy, these opinions are necessarily subjective to some degree.

All recommendations, opinions expressed and prices regarding properties and/or destinations displayed are provided for guidance only. You agree as the user that the use of, or reliance upon, any of the content of the Hummingbird Holiday Homes website, and in particular any content recommending any hotel, product or service, is done entirely at your risk. (Including content in subsequent itinerary documents sent to you)

Our website may contain links to websites operated by parties other than the Hummingbird group. Those links are provided to you for your reference and convenience only. We do not own or control the content of those websites and are not responsible for their content or your use of them.

We have endeavored to portray and describe each hotel and/or service as best we can and also to provide the most up to date information through our website and other communications with you to the best of our knowledge.

We cannot be held liable for any discrepancies or differences that might arise between the content of our website (text, images etc), and any other 3rd party websites.

Information provided by you

All information provided by you should be true and accurate. We will treat it confidentially and not forward it to any third party. We have a strict anti-fraud policy and take responsible steps to protect personal information such as credit card details.

Electronic Communication

You communicate with us electronically whenever you visit our website or send emails to us. You consent to receive communications from us electronically and by fax. You agree that all notices, disclosures, agreements and other communications that we provide to you electronically or by fax satisfy any legal requirements that communications be in writing.

Hummingbird Holiday Homes Ltd accepts no liability for any virus or any other type of electronic infection that may be transferred through the site. Under no circumstance will we be liable for any loss or damage caused by a user’s reliance on information obtained through this site.

Copyright

The copyright and all other Intellectual Property rights in all of the material on this website are owned by Hummingbird Holiday Homes Ltd. Copying of any part for commercial or business use is strictly prohibited.

Governing Law and Jurisdiction

These terms and conditions are subject to the Laws and the Jurisdiction of Sri Lanka.