Legal Notice by W15 Collection

WEBSITE TERMS OF USE – EFFECTIVE AS OF APRIL 2022

THIS CONSTITUTE IS A BINDING LEGAL AGREEMENT (this "Agreement"). PLEASE READ THIS AGREEMENT BEFORE USING THIS WEBSITE.

LAST UPDATED 08TH MAY 2022.

This Site (as defined below) is owned and operated by Steradian Capital Investments (Private) Limited (hereinafter sometimes referred to in this Agreement as “we”, “our”, “us” or “SCI”, depending on the context). We are involved in the business of real estate asset management and also operate as a hospitality service provider. We are the operators and/or managers of ‘W15’ luxury boutique hotel chain across Sri Lanka, which includes ‘W15 Hanthana’, ‘W15 Weligama’, ‘W15 Escape’ and ‘W15 Colombo’.

This Agreement (as updated and amended from time to time as set out below) govern your use of this Internet site located at www.w15.lk, including all webpages, Contents (as defined below), goods, services, features and functions provided or offered on or through this site www.w15.lk (collectively, the "Site") and the relationship between you (“You” or “Your”, depending on the context) and us. The Privacy Policy (as defined in our Privacy Policy webpage) is set out in clause 16 of this Agreement and constitutes part and parcel of this Agreement.

By using this Site, you agree (and are deemed to have agreed) to comply with and be bound by this Agreement. You are hereby advised to exit this Site immediately if you do not agree with all or any of the provisions set out in this Agreement. We reserve the full right to amend this Agreement without any prior notice at our sole discretion and at any time by posting the amendments online. Such amendments will come into force immediately upon our posting of the amendments to the Site. It is your responsibility to review the information posted online regularly in order to obtain timely notice of any such amendments. Your continued use of this Site after any such amendments will mean that you agree to comply with and be bound by the provisions of this Agreement, as amended.

1. CAPACITY TO CONTRACT

In order to be bound by this Agreement, (i) You must be at least 18 years of age; (ii) you must possess the legal capacity to enter into a binding agreement; and (iii) your use of the Site must not violate any laws and regulations. You hereby represent and warrant that you satisfy all of the foregoing conditions and If you do not satisfy all of the foregoing conditions, you are not authorized to use the Site.

2. SECURITY OF THE SITE

When you submit sensitive information via the Site, your information may be saved both electronically and in “hard copy” format. We will take commercially reasonable precautions to protect your information and Communications (as defined below) against unauthorized access, loss, alteration or destruction. However, we cannot guarantee our security measures are impassable. Accordingly, we do not promise or warrant that your information and Communications will always remain secure at all times, or that you will not suffer any loss of information. Furthermore, we will not be responsible for any damages of any kind or loss of information that might result from the use of this Site such as transmission of any virus and the disclosure of confidential information by third parties etc. It is your responsibility to have adequate firewalls and other internet security measures on your devices, and we will not bear any responsibility whatsoever for any loss or damage arising from a failure to do so.

Furthermore, it is your responsibility to ensure that all personal information provided to us by you is true, accurate and complete. You shall promptly inform us of any subsequent changes to such personal information. We shall not be responsible for any loss or damage that may result from your failure to provide us with updated information.

3. USE OF THE SITE

This Site is made available on ‘as is’ basis, without representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Whilst we will take all reasonable measures to ensure that this Site is made accessible to you, the Site may be made inaccessible at times for reasons including but not limited to maintenance, compliance with our legal or regulatory obligations or due to causes that are beyond our control. We shall however not be responsible for any loss or damage caused to you by such inaccessibility. Your use of the Site is at your own risk.

4. YOUR COMMUNICATIONS VIA THE SITE

With regard to any communication (including without limitation, feedback, comments, hotel reviews, photographs, images, designs and/or any other materials) you make via the Site, post, display or upload on the Site (hereinafter referred to as ‘Communications’), you hereby grant SCI a non-exclusive, royalty-free, perpetual, transferable, irrevocable and sub licensable right and license to (i) display, reproduce, distribute, modify, prepare derivative works of, perform, and otherwise use and exploit all Communications in connection with the promotion and marketing of the services of SCI and, (ii) use the name that you submit in connection with such Communications; and/or provide attribution of your Communications at our sole discretion.

We hereby reserve the right to determine (at our sole discretion) whether to publish and/or keep Communications on the Site. We may also monitor, review, edit or remove Communications transmitted or received through the Site as we deem fit and necessary.

5. RESTRICTIONS ON USE OF THE SITE

Save and except the Communications, the content of this Site which includes but is not limited to the (i) design, layout, pictures, videos, text, software, sounds and graphics, files, and other materials contained and/or displayed on the Site, (ii) the layout and design of the Site, and (iii) the selection and arrangement of the Site are the property of SCI (hereinafter the “Content”) and shall not in any instance be reproduced, sold, copied, published, downloaded, displayed, transmitted, modified or used for any purpose whatsoever (except as otherwise expressly provided in this Site), without our prior written consent.

Furthermore, in connection with the access to and use of the Site, you shall not (and will not allow any third party to) attempt to discover any source code or algorithms pertaining to the Site. You shall not attempt to gain unauthorized access to this Site or attempt to hack this Site. You are also not permitted to bypass any measures that we may impose to prevent or restrict access to certain parts of this Site.

The Site may contain or reference the trademarks (including without limitation, the trademarks owned by SCI, in particular W15 Collection trademarks), service marks, trade names, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights (collectively the “IP”) owned by us and/or other parties. Nothing contained on this Site (or this Agreement) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any such IP without the prior written consent of the party that owns the same.

We hereby grant you with a limited, non-exclusive, non-transferable, non-sub licensable access to this Site and the Content solely for the purpose to make use of our services. This license however, does not include the use of this Site for the conduct of unlawful activities. You are prohibited from sharing, transmitting or inserting any harmful documents, links, software viruses (howsoever defined), malware, computer codes or other harmful components (howsoever characterized) on to the Site that will harm or disrupt the use/operation of this Site to SCI or to other users of this Site or, to us generally.

6. BOOKINGS/RESERVATIONS

In order to make a booking/reservation via the Site, you are required to make the full payment of price or place a deposit (as specified in the Site) and immediately thereafter send us an online confirmation. your reservation will become confirmed (and deemed to be confirmed) when we acknowledge the receipt of the full payment of price or deposit. Additionally, we hereby reserve the right to require an initial non-refundable deposit (i.e. in an amount as we deem fit and reasonable) in order to confirm the booking, at our sole discretion.

If there’s a balance payment to be made, you shall make the balance payment in full (without any deduction or withholding whatsoever) prior to leaving the hotel.

Once the booking has been made through the Site, you will receive an automatically generated booking confirmation email, to which you should not reply. For further clarifications regarding bookings, please contact us via email on info@w15.lk mentioning your booking reference number, name, dates and the hotel. You may also call us on +94 773658339 (Monday to Friday between 9.00 am to 5.00 pm, excluding Sri Lankan holidays).

We hereby reserve the full right to request you to amend the reservation or cancel the reservation if our booking criteria is not met.

We may require you to produce your identification documents (such as copies of National Identity Cards (NICs), passports, visa confirmations etc.) as we deem fit and necessary during check-in, and we hereby reserve the right to cancel your booking (at our sole discretion) if you fail to produce such identification documents.

Bookings made under ‘special offers’ category will, in addition to the provisions of this Agreement be subject to and governed by additional terms and conditions, which additional terms and conditions with regard to the bookings made under ‘special offers’ category, will prevail in the event of inconsistency between this Agreement and such additional terms and conditions.

7. METHODS OF PAYMENT

Payments may be made by way of (i) bank transfers or, (ii) credit/debit card (Visa, MasterCard and AMEX). All bank charges associated with the remittance of the payments shall be borne by you.

In relation to credit card payments, the secure internet payment gateway facility is available on our website www.w15.lk with the booking reference provided by our relevant officers.

Payments are processed on the secure payment sites operated by (i) Sampath bank for Mastercard and Visa cards (ii) Pan Asia and Sampath Bank for AMEX card payments. We do not store or retain Your card details. When you place an order as part of the checkout process you are automatically taken to the Sampath Bank Secure Payment facility for Mastercard, Visa and Pan Asia and Sampath Secure Payment facility for AMEX card payments. Your credit card information will be securely transmitted to Sampath Bank or Pan Asia Bank for transaction authorization using SSL 256-bit encryption. All payments are denominated in United State dollars (US$) and Sri Lankan rupees (LKR).

The security internet protocol known as Secure Socket Layer (i.e. SSL), 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 Sampath Bank or Pan Asia Bank payment gateway servers. It provides data encryption, server and client authentication and message integrity between the client and the web server.

8. PRICE/RATES POLICY

Rates applicable for bookings/reservations may vary depending on the nationality of the person who is attempting to make the reservation/booking. The Site sets out three (03) categories namely, (i) Sri Lankans (ii) Sri Lankan resident visa holders and (iii) foreign nationals. Rates applicable for aforesaid categories may differ from one to another, depending on the offers available for each category.

Sri Lankans and Sri Lankan resident visa holders may be required to produce their National Identity Card or Sri Lankan Resident Visa confirmation during check-in for verification purposes. If a Sri Lankan group of guests who has made the reservation under the rates applicable for Sri Lankans has the foreign national(s) in their group, the rate applicable to foreign nationals will be charged from such foreign national(s) during check-in. In the event a foreign national makes a reservation under the applicable Sri Lankan rate, the difference between the rate applicable for Sri Lankans and the rate applicable for foreign nationals should be paid during check-in.

We may be required to amend our rates due to the reasons beyond our control including without limitation, exchange rate fluctuations, sudden increase of prices by the third party suppliers and service providers etc. We hereby reserve the right to amend the rates in such circumstances at our sole discretion, without a prior notice to you. You are responsible to pay the relevant additional amount in the event of such rates amendments.

9. CANCELLATION POLICY

Any cancellation of a booking/reservation should be informed to us by way of a written notice of cancellation sent by email addressed to info@w15.lk.

(a) Cancellation of General Bookings

With regard to cancellations received between 15 to 30 (inclusive of the 15th day and 30th day) days prior to the proposed check-in date, we will be retaining 50% of the paid amount.

With regard to cancellations received on the check-in date or cancellations received with less than 14 days’ notice (inclusive of the 14th day) from the proposed check-in date, we will be retaining 100% of the paid amount.

No cancellation charges will be applicable if cancelled 30 days prior to the proposed check-in date.

(b) Cancellation during Peak Period (January to April / August to December)

Individual Bookings - With regard to cancellations received with 90 days’ (inclusive of the 90th day) or less notice, we will be entitled to retain the full payment.

Group Bookings - A reservation consisting of more than 4 rooms is deemed to be a ‘group booking’ for the purpose of this clause. With regard to group bookings, we will be entitled to retain the full payment if the cancellation is received with 90 days’ (inclusive of the 90th day) or less notice.

10. CHILD POLICY

(a) Child Policy for W15 Weligama

Children up to and including 2 years will be entitled to stay in parent’s room, free of charge.

Children between 3 to 11 years: Children who falls within this age group will be entitled to share the room with parents. However, we will be charging US$ 25 nett per child on Bed & Breakfast basis (per day) on arrival.

Children of 12 years or above: Children who falls within this age group will be considered as adults for the purpose of this clause and will be charged US$ 50 nett per child on Bed & Breakfast basis (per day) on arrival.

The Standard Double Room will not accommodate additional beds.

Maximum number of children sharing the room with parents will depend on the room type. All children's charges will be collected at the time of confirmation of the booking.

(b) Child Policy for W15 Hanthana

Our property is not suitable for children below the age of 8 years (inclusive of 8-year-old children).

Children between 9 to 11 years: We will be charging US$ 100 per child (per day), which also includes an extra bed. However, an extra bed can only be accommodated in Deluxe Executive Suites.

Children between 12 to 18 years: We will be charging US$ 150 per child (per day), which also includes an extra bed. However, an extra bed can only be accommodated in Deluxe & Executive Suites.

Children below the age of 18 years will not be served alcohol.

(c) Child Policy for W15 Ahangama

Children up to and including 2 years will be entitled to stay in parent’s room, free of charge.

Children between 3 to 11 years: Children who falls within this age group will be entitled to share the room with parents. However, we will be charging US$ 25 nett per child on Bed & Breakfast basis (per day) on arrival.

Children of 12 years or above: Children who falls within this age group will be considered as adults and will be charged US$ 50 nett per child on Bed & Breakfast basis (per day) on arrival.

Maximum number of children sharing the room with parents will depend on the room type. All children's charges will be collected at the time of confirmation of the booking.

11. EARLY ARRIVALS AND LATE DEPARTURES

Our check in time is 14:00 pm and check out time is 11:00 am. If you expect to arrive early in the day and would like immediate access to your room, we recommend booking the room for the prior night to guarantee immediate access. Similarly, for late departures, reserving an additional night will guarantee access to your guest room until you depart. If you choose not to reserve, we will be glad to store your bags.

12. VISA, HEALTH, TRAVEL ADVISORY AND INSURANCE

It’s your responsibility to ensure that you and members of your group possess valid passports and a visa prior to travelling. You are also responsible for obtaining necessary inoculations, medical advice and travel advice from the relevant authorities.

Furthermore, it is your responsibility to procure necessary and adequate travel insurances at your own cost.

13. BREAKAGES AND DAMAGES

In the event the hotel premises are destroyed or damaged (wholly or partly) by you and/or the members of your group during your stay in the hotel, you shall be responsible for such breakages, losses or damage. Without prejudice to any other rights or remedies that we may have by reason of this Agreement or as otherwise provided by law, you are liable to make a full payment to cover such breakages and damages (in an amount determined by us at our sole discretion) to the hotel before departure and shall be liable to indemnify us against any losses, damages or claims made against us, as a result of such damage or breakage.

14. BEHAVIOUR

You are required to observe the rules of morality, cleanliness, politeness and courtesy which is reasonably expected from a guest. Furthermore, you are responsible for compliance with all relevant laws and regulations governing mode of transport and your stay in the hotel. If we are in the opinion that your behavior is improper (such as, making of unreasonable noise or coarse or offensive utterance, gesture or displays), disruptive or causing distress to others (including without limitation, other guests, service providers etc.), your reservation may be terminated and we shall not be responsible for any costs or claims that are incurred.

15. COMPLAINTS

We will use our best endeavors to resolve any reasonable complaint that we receive regarding our services. You are required to communicate your complaints regarding our services to our Sales Executive prior to check-out, who will use his/her best endeavors to solve the matter within a reasonable time period. If your matter is not resolved within a reasonable period, you must make a written complaint via email addressed to info@w15.lk within twenty-eight (28) days from your check-out date, with all relevant information. We will thereafter use our best endeavors to resolve your matter within a reasonable time period, after carrying out necessary investigations. If the matter is not resolved after following this process, you may refer your dispute to dispute resolution as per clause 25 of this Agreement.

16. PRIVACY POLICY

(a) Introduction

While accessing the Site, you may from time to time be required to submit personal information to us. Personal information collected from you is the information that is considered necessary for the purposes of providing our services through the Site and/or for complying with applicable laws and regulations (as morefully explained below) and/or to promote the products and services of SCI and our brand. Additionally, we hereby reserve the right to provide such personal information to our service providers, agents and third parties (as necessary) for the purpose of facilitating the bookings.

By providing your information, you are agreeing (and deemed to have agreed) to our privacy policy (as set out below) (“Privacy Policy”) and the other terms and conditions set out in this Agreement. Furthermore, you confirm that you have read through our Privacy Policy and have understood your rights in relation to the personal information which you are providing to us. Furthermore, in the event any personal information is shared by you on behalf of another person for the purposes of the booking with us, you hereby confirm to us that (i) you have obtained the prior consent of such person (ii) such person has apprised himself/herself of the provisions set out herein (including this Privacy Policy) and, (iii) such person is aware of the rights in respect of such personal information provided to us.

By providing the required information, you are deemed to have granted to us a royalty-free, perpetual, irrevocable license to collect, use and/or retain the information for and/or in relation to the purposes setout herein.

For clarity, we may collect, use and/or retain your personal information for the following purposes:

  • To verify your identity;
  • To provide you with our services, or information regarding the same, and to review your requirements;
  • To help us improve our services;
  • Marketing purposes;
  • Record keeping.

Please note that the above list is non-exhaustive.

(b) Changes to our Privacy Policy

We reserve the full right to make changes to this Privacy Policy as and when we wish to do so, at our sole discretion, without any prior notice to you. Any changes to this Privacy Policy shall be effective as and when they are made available on the Site. Your continued use of the Site will mean that you are in agreement with such changes.

(c) Disclosures

We shall take commercially reasonable measures to ensure that your information is protected at all times. However, we hereby reserve the full right to disclose your information when it is considered necessary to do so, without a prior notice to you.

We may in particular (and without limitation) disclose your information in following instances:

  • to our service providers, suppliers, agents and third parties, subject to ensuring that they are bound by confidentiality obligations at least equivalent to those contained in this Privacy Policy;

  • in the event of a merger, acquisition, or any other operation which has the effect of changing the control of SCI, we may be required to disclose your information to the party who is interested in the business and their auditors, professional advisers and any other persons or bodies having a legal right or duty to have access to or knowledge of the information;

  • we may disclose your personal information to other third parties for the purposes of maintaining and improving the Site and/or for the provision of our services; and

  • we may disclose your personal information as required by law, a court of competent jurisdiction or any governmental or regulatory authority.

However, will not be responsible where unauthorized disclosure occurs and causes any loss or damage (unless we have been grossly negligent, engaged in misconduct or acted fraudulently) or the actions or omissions of third parties.

17. THE USE OF COOKIES

A "cookie" is a small file containing a string of characters that is sent to your computer when you visit most websites. We use cookies for the purposes of improving your user experience, and you are deemed to consent to the use of cookies by using the Site. While most web browsers automatically accept cookies, many browser’s settings can be set to decline cookies. However, deletion of cookies may result in limited functionality of the Site for you.

18. THE USE OF EXTERNAL WEBSITES

You may be provided with the access to external sites such as social media webpages, while using this Site. Such pages are (i) not governed by this Agreement, (ii) not owned by us and, (iii) we cannot confirm the security of such websites. Accordingly, we shall not be responsible for the actions or omissions of such third parties. Furthermore, we will not bear any responsibility in the event third parties gain access to your information through the use of such external sites.

19. LIMITATION OF LIABILITY AND DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY LAW, SCI WILL NOT BE LIABLE TO YOU (AND/OR ANY OTHER PERSON) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN RELATION TO THE USE OF THIS SITE, THE PROVISION OF ANY SERVICES AND/OR ANY BREACH OF THE PROVISIONS OF THIS AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY AND/OR RESPONSIBILITY FOR THE SERVICES PROVIDED ON OR THROUGH THE SITE IS LIMITED TO DAMAGES ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF SCI THAT SHALL ARISE OUT OF, OR IN CONNECTION WITH, THE PROVISION OF ANY SERVICES (AND/OR OTHERWISE UNDER THIS AGREEMENT) SHALL NOT EXCEED USD 10,000 (APPLICABLE FOR FOREIGN NATIONALS) OR EQUIVALENT AMOUNT IN LKR CALCULATED BASED ON THE USD-SRI LANKAN RUPEE EXCHANGE WHICH SHALL BE THE AVERAGE OF THE DAILY OPENING BUYING AND SELLING RATES QUOTED BY MAJOR LICENSED COMMERCIAL BANKS IN SRI LANKA FOR TELEGRAPHIC TRANSFERS FOR THE RELEVANT DATE AND PUBLISHED BY THE CENTRAL BANK OF SRI LANKA (APPLICABLE FOR SRI LANKANS AND SRI LANKAN RESIDENT VISA HOLDERS).

FOR THE AVOIDANCE OF DOUBT, SCI MAKE NO EXPRESSED OR IMPLIED REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE CONTENT OR THE SITE, AND DISCLAIM ANY AND ALL LIABILITY REGARDING THE CONTENT AND THE SITE (INCLUDING BUT NOT LIMITED TO THE USE AND/OR OPERATION OF THE SITE).

THE INFORMATION, RECOMMENDATIONS AND OPINIONS PROVIDED BY US ON THIS SITE AND/OR OTHERWISE COMMUNICATED TO YOU (VIA YOUR E-MAIL ADDRESS, IN PERSON, VIA TELEPHONE OR OTHER METHOD OF WRITTEN OR VERBAL COMMUNICATION) IS SOLELY INTENDED FOR GUIDANCE PURPOSE ONLY. IN ANY CASE, AT ALL TIMES YOU HAVE THE RESPONSIBILITY TO VERIFY AND/OR DETERMINE THE ACTUAL SUITABILITY OF ANY INFORMATION, RECOMMENDATIONS AND OPINIONS PROVIDED TO YOU, AND BEAR ALL RISKS ASSOCIATED WITH ACTING ON OR USING THE SAME.

20. INDEMNITY

You shall defend, indemnify and hold us (and our affiliates, parents, partners, subsidiaries, franchisees, officers, directors, agents, contractors, subcontractors, visitors, representatives, licensees, and employees) harmless from and against any loss, claim, liability or expense, including, without limitation, attorney’s fees and costs, which arise out of, concern, pertain or relate in any way with (i) your failure to observe or comply with the provisions of this Agreement and, (ii) any act or omission by you.

21. NOTICES

Save and except for the amendments to the Site which will be communicated by posting the amendments online, any notices or other communications provided by us under this Agreement, will be given via email. With regard to the notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. All notices and other communications that we provide to you electronically via email will satisfy any legal requirements that communications be in writing.

22. SEVERABILITY

If any provision of this Agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

23. FORCE MAJEURE

In no event shall SCI be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, fires, floods, earthquakes, embargoes, shortages, epidemics, pandemics (including Covid19 Pandemic), quarantines, war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotion, strikes, lockouts or other labor disturbances, acts, omissions or delays in acting by any governmental authority.

24. WAIVER

No failure to exercise or delay in exercising any right or remedy provided under this Agreement or by law constitutes a waiver of such right or remedy or shall prevent any future exercise in whole or in part thereof.

25. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by, and construed in all respects in accordance with, the laws of Sri Lanka.

Any doubt, difference, dispute, controversy or claim arising from, out of or in connection with this Agreement (and/or the provision of our services), or on the interpretation thereof or on the rights, duties, obligation, or liabilities of any parties thereto or on the operation, breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of the Arbitration Centre of the Institute for the Development of Commercial Law and Practice. The venue of the arbitration proceedings shall be Colombo and the proceedings shall be in English. The number of arbitrators shall be three (3).

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