Terms and conditions for tour guests on Captain Fernando Boat Tours
1. Captain Fernando (Private) Limited
Captain Fernando (Private) Limited is a company registered by the Registrar of Companies in the Democratic Socialist Republic of Sri Lanka (Sri Lankan ROC number: PV 00206734)
2. The contact details for Captain Fernando (Private) Limited are
- Telephone and WhatsApp: +94776061770
- Email: captainfernando100@gmail.com
- Post: No. 60/1 Siriwardana Place, Munnakkaraya, Negombo 11500, Sri Lanka.
- Website: www.captainfernando.com
3. Within this Terms and Conditions (T&Cs)
any use of ‘Our’, ‘We’, ‘Captain Fernando’ or ‘CF’ refers to Captain Fernando (Private) Limited. Any use of ‘you’, ‘your’, ‘the guest’ or ‘the agent’ refers to any persons or organisations named in a booking or purchase, including any persons added later. These T&Cs constitute the agreement between you and us.
4. Tour time and date changes policy
For all changes to tour times and dates, communications between you and us shall be made through your telephone number (WhatsApp and SMS) and email address provided by you in the booking process. This is required for confirming your identity at the time of communication. The contact details of CF are shown in Section 2 of this document. All communications must quote the CF booking confirmation number and emails must have the CF tour confirmation document attached.
4.1. Tour time and date change requests by you
Changes or transfers of bookings by you to another date or time may be made up to 24 hours prior to the tour time subject to tour availability at other times and dates. Each change request will incur a transfer fee of 10% of the tour value. Changes or transfers will only be granted to dates and times for the same tour type or category. Where a booking change or transfer is applied to a special offer or promotional price tour you must pay any difference between the original booked price and the price of any transferred booking in the case that the conditions or timing of the special offer or promotional price is no longer valid. Any changes to time and date made less than 24 hours prior to the tour time will be treated in accordance with our cancellation policy set out in Section 5 below. Any exceptions to this policy will be completely at the discretion of Captain Fernando.
4.2. Tour time and date changes made by us
Captain Fernando reserves the right to make changes to tour dates and times in situations where unforeseen safety or logistical issues require changes to be made (e.g. heavy rain or strong winds). In such cases there will be no charge to you and where an agreement cannot be reached for a new tour date or time the cancellation by Captain Fernando policy (set out in Section 5 of this document) will be applied.
5. Tour cancellation and refund policy
For all requests for cancellations and refunds, communications between you and us shall be made through the telephone number (WhatsApp and SMS) and the email address provided by you in the booking process. This is required for confirming your identity at the time of communication. The contact details of CF are shown in Section 2 of this document. All communications must quote the CF booking confirmation number and emails must have the CF tour confirmation document attached.
5.1. Tour cancellation made by you
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5.1.1. Booking cancellations made by you
a. Less than 24 hours (1 day) prior to departure or no-show for tour- Pre-paid tours: no refund on pre-paid tours
- Post-paid or account-based tours: invoice for full amount of booked tour value
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b. 1 to 2 days (24 to 48 hours) prior to departure
- Pre-paid tours: refund of 50% of booked tour value
- Post-paid or account-based tours: invoice for 50% of the booked tour value
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c. More than 2 days (more than 48 hours) prior to departure
- Pre-paid tours: refund of booked tour value with deduction of 3% of booked tour value to cover bank charges
- Post-paid or account-based tours: no cost for cancellation
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5.2. Tour cancellation made by us
Captain Fernando reserves the right to cancel tours at any time in situations where unforeseen safety or logistical issues require tours to be cancelled (e.g. heavy rain or strong winds). In such cases you will receive a full refund for the tour unless you opt for CF to issue you with a credit note for future use. Credit note will be of the full tour value and have 12-month validity.
6. Variations in tours or activities
We reserve the right, in unforeseen circumstances (e.g. heavy rain, strong winds, extreme tides or currents, mechanical breakdown) to make changes to tours or activities to ensure safety and to meet our service commitment to you. This may include, but may not be limited to, substitution of boats, changes to tour routes, activity locations, or scheduled programs. In such circumstances, we will not be liable for your direct or indirect loss, or to refund any tour charges or portions of tour charges, nor will we be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss suffered by you.
7. Special dietary requests for tours and activities with food service
We are pleased to cater for the special dietary requirements of guests attending CF events. Please inform us of any food preferences or allergies at booking time. While we will take every care in the preparation of food to be consumed, we cannot guarantee that traces of certain products will not be in our food, and we explicitly accept no liability. You must make your own decisions on assessing risk when planning meals and food ingredients with the CF team. We will respect your choices or decisions not to consume food prepared by CF.
8. Liability for loss, damage and injury
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8.1. Our tours and activities operate on Negombo Lagoon, adjacent streams and near-coastal waterways and are subject to the risks and perils of boating and water sport activities including loss, damage and injury arising out of or in connection with changing currents, tidal and weather conditions and the navigation of other craft. To the extent permissible by law, we will not be responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by you or any other passenger, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and skill. By making a booking with us, you acknowledge your understanding of and agreement with these terms and conditions for the tour or activity. If however any guarantees, terms, conditions or warranties are implied into this agreement by any law of the Democratic Socialist Republic of Sri Lanka, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law:
a. We exclude all other guarantees, terms, conditions and warranties; and
b. Our liability for breach of such guarantee, term, condition or warranty is limited to the supply of the relevant tour or activity again or the cost of re-supplying the tour. - 8.2. We exclude all liability for any loss or damage to clothing, personal items or belongings howsoever arising and whether or not our liability arises in tort, contract or otherwise.
- 8.3. We may contract or arrange for third parties to provide the whole or part of the tour or activity and any related services to you. You must not bring any claims or actions against such third parties. If you bring such a claim or action in breach of this agreement, you agree to indemnify us and the person against whom the claim or action is made against the consequences of that claim or action. You agree that in entering into this agreement, we are acting as the agent of and trustee for each of our employees, officers, agents and subcontractors, and each of these persons is deemed to be a party to the contract for the purpose of entitling each of them to enforce, have the benefit of and rely upon these Terms and Conditions.
9. Guest responsibility for travel insurance
Guests are responsible for taking out valid travel insurance. Individuals must ensure that this travel insurance offers acceptable cover for CF tours and activities.
10. Rules regarding conduct and behaviour on our tours and activities
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10.1. Following instructions of CF staff
CF is committed to providing safe and enjoyable experiences for all guests. As such, guests agree that they will follow all instructions given by CF staff and crew members during their tour or activity. This includes engaging in safety demonstrations, wearing life jackets, following all safety instructions, and instructions issued in emergency situations. -
10.2. Providing information relevant to guest safety
Guests are required to provide notice of any health issues, special needs or mobility limitations at the time of booking. This will enable CF to work with you to provide appropriate assistance during the tour or activity to ensure guest safety and to facilitate an excellent tour or activity experience. -
10.3. Alcohol and intoxicating substances
At the complete discretion of CF, we reserve the right to refuse boarding or participation in tour activities for any guest whose behaviour indicates that they are intoxicated by alcohol or other types of intoxicants. In such circumstances no refund of the tour or activity price will be provided. No alcohol shall be consumed on CF tours or activities unless prior arrangement has been made and granted by CF in writing at the time of booking the tour. No alcohol can be consumed by guests who are under the legal age for consuming alcohol in the Democratic Socialist Republic of Sri Lanka. -
10.4. Offensive behaviour
Aggressive, quarrelsome or disorderly behaviour is not accepted on CF tour and activities. Guests may be refused boarding or be requested to disembark from a tour in case of such behaviour. In such situations there will be no refund of the tour price. Where any dispute arises, instructions of the CF Captain or staff member to de-escalate any situation must be respected by all guests. CF holds the right to call for assistance of the Sri Lanka Police if required to resolve or control offensive behaviour.
11. Photography, social media and marketing
We regularly use photographs and videos taken during our tours and activities for use and posting on social media, the Captain Fernando website and other promotional marketing materials. You should inform us at the start of the tour if you do not consent to our use of photographs or video taken during your tours or activities for promotional purposes.
12. Conditionality of these terms and conditions
If any of the provisions of these terms and conditions are unenforceable, this shall not affect the enforceability of any other part of the terms and conditions. In the event of inconsistency between these terms and conditions and any other terms, these Terms and Conditions will prevail to the extent of the inconsistency. No waiver or variation of this agreement will have binding effect unless such waiver or agreement is in writing and signed by us.
13. Dispute resolution
This contract, regardless of where it is performed, shall be governed by and construed in accordance with the laws of the Democratic Socialist Republic of Sri Lanka.
All disputes and contradictions appeared as a result or due to the present Contract shall be settled by negotiations between Captain Fernando (Pvt) Ltd and yourself.
In case of impossibility to settle contradictions you submit to the non-exclusive jurisdiction of the Commercial High Court of Western Province in the Democratic Socialist Republic of Sri Lanka or any other Court in the Democratic Socialist Republic of Sri Lanka that will have jurisdiction to hear and determine matters where the cause of action arises out of a commercial transaction in the judicial district of Colombo without any restriction. The decision arrived in such a court shall be final and binding on all parties.