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Terms and Conditions

Ayubo.lk and Ayubo Leisure (Private) Ltd. bids 'ayubowan' (ආයුබෝවන්, welcome) to you. These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our Platform or any of our applications through whatever platform (hereafter collectively referred to as the "platform") and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below and our different policies and guidelines, which can be found throughout the Platform, including but not limited to, the Privacy Policy. The terms and conditions set out below and the Policies are collectively referred to as the “Terms of Use”. If you do not agree to the Terms of Use, please cease use of the Platform immediately. The Terms of Use – as may be amended from time to time – constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters unless explicitly stated otherwise.

1.Scope

Through the Platform, Ayubo.lk provides an online platform through which you can browse different types of lodging and temporary accommodation, tour services, vehicle taxi services, tour activity service providers, merchant services. Accommodation including but not necessarily limited to hotels, hostels, serviced apartments, B&Bs, rooms for rent, cottages, bungalows, etc. (collectively, the “Accommodation(s)”) and make reservations with such Accommodations. By making a booking through the Platform, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Platform, which shall become a binding contract when accepted by Ayubo.lk, which in turn means the reservation has been confirmed by the Accommodation or other service provider. We will indicate the acceptance of your Accommodation booking via an e-mail confirmation (with a voucher for prepaid Accommodations). We reserve the right to reject bookings as set out below.

When rendering our services, the information that we disclose about the Accommodations is based on the information provided to us by our suppliers or providers (including but not necessarily limited to the Accommodations, their representatives, distributors, destination management companies (DMCs), channel managers, partners, etc.). As such, the Accommodations or their representatives are given access to an extranet or other connectivity solution through which they are fully responsible for updating all rates, availability, description, pictures, booking conditions or accommodation policies and other information which is displayed on the Platform. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Accommodation remains responsible at all times for the accuracy, completeness and correctness of the Accommodation information displayed on the Platform. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Platform inaccurate or outdated. In case of problems, our Customer Service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Accommodation or the local Ayubo.lk support offices.

Please note that Ayubo.lk is one of many channels Accommodations use to make their inventory available for reservation. When a search result indicates that a particular Accommodation has no more rooms available, that means the room type is not available for reservation through Ayubo.lk.

The Platform does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Accommodation listed on the Platform. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Platform. The Accommodations can be ranked on the Platform according to different criteria (Third party ratings or reviews, star rating, reviews, etc.).

We reserve the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or booking include, but are not limited to: Accommodation request, breach of the Terms of Use, force majeure events, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by customer of misleading or erroneous information, credit card problems, inappropriate behaviour, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, if found blacklisting by governments or international organizations (Sri Lanka, Germany, Interpol & other Security Agencies, India, USA, EU, UN…), etc. In case a booking is rejected or cancelled by ayubo.lk and a payment has already been made, you will receive a refund of the total booking value. We also reserve the right to bar (“blacklist”) users from the Platform, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Platform under any other name or through any other user.

In rare cases, we may also have to cancel or reject a booking due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Platform (e.g. in terms of price, offers, dates) which a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such case. Whether to cancel or reject a booking for any reason is at Ayubo.lk's sole discretion.

Circumstances such as ongoing renovations, Accommodation booking errors, and specific guest needs can affect the quality of your stay. Be sure to let the Accommodation know any special requests or requirements you have at check-in.

Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our Platform for any commercial or competitive activity or purpose.

2.Ratings

The star ratings are provided for your information only. The star ratings are based on information we have received from our suppliers, including the Accommodations, other tour services, third party ratings and review partners. We do not independently verify star ratings. A star rating is only indicative of the level of comfort you can expect to find in a particular Accommodation, with a higher star rating generally being indicative of a higher level of comfort and amenities. For more detailed information, please check the detailed description on the Platform. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances. Thus, it is possible that a star rating in one particular city is not comparable to the same star rating in another city due to such circumstances but it is usually a good enough indicator. Star ratings do not necessarily reflect all the amenities or services that might be available at an Accommodation or other service provider, and some amenities and features may not be available in every room or at every property with a particular star rating. If there are particular amenities or features that are important to you, please contact our Customer Service and inquire as to the availability of such amenities or features.

3.Use of the Platform

Accordingly, as a condition of using the Platform, you agree not to use the Platform or its contents or information for any purpose that is illegal, unlawful or prohibited by the Terms of Use. Except with our prior written authorization, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Platform. In addition, you agree not to:

  • use the Platform or its contents for any non-authorized commercial purpose;
  • make any speculative, false, or fraudulent booking;
  • access, monitor or copy any content or information of the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written permission;
  • violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of the Platform (including, without limitation, purchase paths) for any purpose without our express prior written permission;
  • re-sell, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Platform for any commercial or competitive activity or purpose;
  • "frame", "mirror" or otherwise incorporate any part of the Platform into any other system without our prior written authorization;
  • deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Platform, or any postings which advocate illegal activity;
  • deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
  • deliver or provide links to, any postings containing defamatory, slanderous, false or libelous material;
  • deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
  • deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
  • impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
  • manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
  • use the Platform in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Platform or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
  • attempt to gain unauthorized access to the Platform, any related system/s, other accounts, computer system, or networks connected to the Platform, through hacking, password mining, or any other means;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform, including harvesting or otherwise collecting information about others such as email addresses;
  • engage in any deceptive practices intended to manipulate the organic Search Engine Results Page (SERP) or employ search engine optimization (“SEO”) techniques considered to be against common search engine guidelines. SEO practices considered unethical, or “black hat” (aka “spamdexing”) include, though are not limited to cloaking, meta data and title tags, content scraping, link schemes, Google bombs, keyword stuffing, hidden text and links, doorway and cloaked pages, link farming or schemes, blog comment spam, etc.; or
  • do anything else which could cause damage to the Platform, Ayubo.lk and the ESOFT group of companies and their employees, Ayubo.lk’s reputation, or would otherwise have a negative impact.

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Platform or frame the Platform or any web page or material herein, nor may any entity hyperlink any aspect of the Platform in an email for commercial purposes without the express written permission of Ayubo.lk.

By making a reservation on the Platform, you represent and warrant that you are not covered by any international sanction program.

If and when applicable, you will satisfy all your obligations, tax, withholding or otherwise as required by your country of residence.

4.Prices

The prices on our Platform are highly competitive. All prices on the Ayubo.lk Platform are per room for your entire stay and are displayed including VAT and all other taxes (subject to change of such taxes), unless stated differently on our Platform or the confirmation email.

Last minute deals are available on our Platform for a specific stays at an accommodation premises, however, these rates made by accommodations may carry special restrictions and conditions, for example in respect to cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation .

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

Obvious errors and mistakes (including misprints) are not binding.

All special offers and promotions are marked as such.

Our service is free of charge because, unlike many other parties, we will not charge you for our service or add any additional (reservation) fees to the room rate.

5.Privacy and cookies

Ayubo.lk respects your privacy. Please have a look at our privacy and cookies policy for further information.

6.Fund transfer

When making a booking, the payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through ayubo.lk and a secure third party payment processor.

In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible . On a case by case basis, we will re-imburse this deductible upto a maximum of USD 40. In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email ([email protected]). Please state 'credit card fraud' in the subject line of your email. This indemnification only applies to credit card reservations made using Ayubo.lk's secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

7.Cancellation

By making a reservation with an accommodation provider, you accept and agree to the relevant cancellation and no-show policy of that accommodation provider, and to any additional (delivery) terms and conditions of the accommodation provider that may apply to your reservation or during your stay, including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider). The general cancellation and no-show policy of each accommodation provider is made available on our Platform on the accommodation information pages, during the reservation procedure. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the accommodation agrees or allows otherwise under its (pre)payment and cancellation policy.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the accommodation provider's cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

8.Further correspondence

By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form.

9.Currency Conversion

Rates can be converted into different currencies for your convenience. Accommodation rates provided in a currency other than the currency displayed on the Platform are converted to the displayed currency at a rate determined by Ayubo.lk. The currency and amount you see displayed at the latest on the final booking page in USD is the amount Ayubo.lk will charge to your credit card and the displayed local currency rate may not be the actual amount deducted from your local current account as the payment gateway rate may vary. You may be given the option to pay in your credit card currency if it is different from the selected currency. Your bank may impose additional fees on the transaction, over which Ayubo.lk has no control. Please note that exchange rates fluctuate daily.

10.Taxes

Our Accommodation suppliers, as vendors, include all applicable taxes in the amount billed to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer's travel arrangements.

11.Age and Fraud

In order to make a booking you must be over 18 years old and have the full legal capacity to make the transaction (or have the authorization from your legal guardian). You undertake that the credit or debit card you are using is your own or that you are authorized to complete the booking with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account. You undertake that the details you provide us with in making a booking are fully correct. Ayubo.lk reserves the right not to accept certain credit cards. Ayubo.lk may add or remove other payment methods at its discretion.

12.Booking conditions & Special Needs

Note : If in any item you have paid for cannot be provisioned by the hotel, activity or transport provider, we will immediately refund the same to your payment card.

By making a reservation on our Platform, you accept and agree to the relevant Accommodation booking conditions, including cancellation and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Accommodation that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Accommodation (the delivery terms and conditions of an Accommodation can be obtained with the relevant Accommodation). The general cancellation and no-show policy of each Accommodation is made available on the Platform at the Accommodation information pages or under “Booking Conditions”, “Cancellation Policies” or the like and voucher. Please note that you may be charged for your cancellation in accordance with the Accommodation’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Accommodation carefully prior to making your reservation. If you fail to check in to your Accommodation on time on the day of your reservation and do not alert the Accommodation, the remaining portion of your reservation may be cancelled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Accommodation. Regardless of the Accommodation’s cancellation policy, Ayubo.lk reserves the right to charge a cancellation fee, this will be indicated on the Platform. Please carefully check the Accommodation details thoroughly for any such conditions prior to making your reservation. Some Accommodations will charge extra for early or late check-outs.

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein, use our self-service tool or contact Customer Service.

Many Accommodations have specific policies around children, accompanying travellers and/or travelling with pets. As indicated above, you are strongly advised to check with Customer Service, the Accommodation itself or to verify the Accommodation policies.

Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact Customer Service or the Accommodation and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by Ayubo.lk. Depending on the policy of the applicable Accommodation, your reservation will be refunded, cancelled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival.

13.Intellectual Property Rights - Trademark Notice

The mark “Ayubo.lk” and the lotus emblem, as well as certain local language transliterations thereof is a registered trademark of or licensed to Ayubo.lk.

The Platform contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Platform are protected by copyright law. We, and our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in the Terms of Use.

Unless stated otherwise, the software required for our services or available at or used by the Platform and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Platform are owned by Ayubo.lk, its affiliated or associated companies, licensors, suppliers (including the Accommodations) or providers. Ayubo.lk does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.

You may use information from the Platform for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material. We may provide hypertext links to other Platforms which are operated by other people. Using such a link, you acknowledge leaving the Platform and proceeding at your own responsibility.

14.Reviews

By completing a booking, you agree to receive confirmation messages (email and/or SMS), as well as an invitation email to complete our guest review form which we will promptly send to you after your stay at the Accommodation, followed by one or more reminders. Completion is optional. For clarity, The confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe (see our Privacy Policy for more details). The completed guest review may be uploaded onto the relevant information page on the Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Accommodation. By posting a review, you grant Ayubo.lk the full, perpetual, free, transferable and irrevocable rights to all submitted user content, including your name. Ayubo.lk reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion

You represent and warrant that (i) you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the Platform; (ii) such content is accurate and not misleading; and (iii) use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity. You further grant Ayubo.lk the right to pursue at law any person or entity that violates your or Ayubo.lk's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.

Content submitted by users will be considered non-confidential and Ayubo.lk is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Ayubo.lk reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Ayubo.lk is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Ayubo.lk. Ayubo.lk shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Ayubo.lk Policies on the Platform for more details.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Ayubo.lk or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release Ayubo.lk , and its licensees, successors and assigns, from any claims that you could otherwise assert against Ayubo.lk by virtue of any such moral rights.

Although most travel is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review travel prohibitions, warnings, announcements and advisories issued by the government and local authorities prior to booking travel, particularly when travelling as a non-national.

By displaying Accommodations in particular destinations, Ayubo.lk does not represent or warrant that travel to such points is advisable or risk-free and Ayubo.lk can never be held liable for damages or losses that may result from travel to such destinations. Ayubo.lk can under no circumstances be held liable for any incidents occurring during your stay at the Accommodation. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions. You are also advised to take personal travel insurance.

Ayubo.lk cannot be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas and documentation for your journey. You are advised to check with the relevant embassies, consulates and/or visa departments from which you originate. It is your responsibility to obtain whatever travel documents are required.

15.Complaints

If you have complaints about Ayubo.lk’s service, you can contact our Customer Service team via one of the methods described here . We will do our very best to help you. Please note that any complaints about the Accommodation (policies, standards, service, facilities, decoration, food, etc.) is ultimately a matter for the Accommodation itself. Ayubo.lk will coordinate directly with the Accommodation to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome.

16.Disclaimer of Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE PLATFORM ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. AYUBO.LK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBPLATFORM OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBPLATFORM AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AYUBO.LK DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AYUBO.LK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE PLATFORM WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AYUBO.LK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE PLATFORM FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. AYUBO.LK IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATIONS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

17.General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AYUBO.LK, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE PLATFORM AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (WHERE RELEVANT, CAUSED BY): (I) LOSS OF PRODUCTION, LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF CONTRACT, LOSS OF OR DAMAGE TO GOODWILL OR REPUTATION, LOSS OF CLAIM, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, DELAY, PERFORMANCE OR NON-PERFORMANCE OF THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE, INCLUDING SERVICES RENDERED OR PRODUCTS OFFERED BY THE ACCOMMODATION, (PARTIAL) CANCELLATIONS OR OVERBOOKINGS; (V) ERRORS OR INACCURACIES CONTAINED ON THE PLATFORM OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION AS MADE AVAILABLE ON THE PLATFORM), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE PLATFORM OR ANY PLATFORM TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, ANY USE, DELAY OR INABILITY TO USE THE PLATFORM, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE PLATFORM; OR (IX) ANY (PERSONAL) INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES ATTRIBUTABLE TO THE ACCOMMODATION (ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR AFFILIATED COMPANIES) (X) ANY DAMAGES CAUSED BY A FORCE MAJEURE EVENT. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. A force majeure event is any event beyond the Covered Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Accommodation’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Accommodation (including any liability in tort), as to any products and/or services available through the Platform. Ayubo.lk does not guarantee continuous access without interruption to the Platform.

Ayubo.lk cannot be held liable in case an Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.

Ayubo.lk’s liability is excluded or limited to the maximum extent permitted by law. Without prejudice to the limitations set out in the Terms of Use, Ayubo.lk’s liability shall in any event not exceed the lesser of (a) the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events) or (b) two hundred and fifty United States dollars (or its equivalent in local currency). Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims with undue delay may be considered void. Only bona fide claims will be considered.

18.Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with laws of the Democratic Socialist Republic of Sri Lanka and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Sri Lanka.

The Accommodations are liable and responsible for providing accommodation service and welcoming people who have booked through Ayubo.lk as their guests.

You agree to indemnify and hold harmless Ayubo.lk from and against any liability, damage or loss including legal fees and expenses that Ayubo.lk incurs or suffers as a result of any action, inaction or omission by you. If you use the Platform for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. Each customer using the Platform for or on behalf of a Third-party agrees to indemnify and hold each Ayubo.lk harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defence), relating to the Third-party's or the user's failure to fulfil any of its obligations as described above.

19.Disclaimer

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Platform and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on our Platform, (iii) the services rendered or the products offered by the accommodation provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Whether the accommodation you stay at charges you (or has charged you) for your room, or we are facilitating the payment of the room price, you agree and acknowledge that the accommodation is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the room price to the relevant tax authorities. Ayubo.lk is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the room price to the relevant tax authorities.

By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Ayubo.lk may use the uploaded photos/images on its Platform and (mobile) app, and in (online/offline) promotional materials and publications and as Ayubo.lk at its discretion sees fit. You are granting Ayubo.lk a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Ayubo.lk at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Ayubo.lk publishing and using these photos/images. Ayubo.lk does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Ayubo.lk. Ayubo.lk disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Ayubo.lk at any time and without prior notice.

20.Intellectual property rights

Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Ayubo.lk, its suppliers or providers.

Ayubo.lk exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep) link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Ayubo.lk. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

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