Cancellation and Refund Policy
Welcome to Unforgettable Sri Lanka (ABN 82 671 162 020) (the business owned and operated by Koonalage Group Pty Ltd (ACN 671 162 020)) (“we”, “us” or “our”).
This Cancellation and Refund Policy is incorporated into and forms part of the Terms and Conditions that govern the Arrangements provided to you by Unforgettable Sri Lanka (ABN 82 671 162 020) (the business owned and operated by Koonalage Group Pty Ltd (ACN 671 162 020)). Capitalised terms in this document have the same meaning assigned to them, or otherwise as set out in the Terms and Conditions (available at https://unforgettablesrilanka.com.au/terms-and-conditions/).
Nothing in this Cancellation and Refund Policy is intended to limit, exclude or modify or purport to limit, exclude or modify any consumer guarantees provided in the Australian Consumer Law. The Terms and Conditions set out our liability in relation to the Consumer Guarantees generally.
We understand that situations can occur from time to time that may prevent you from enjoying the Arrangements or part thereof. When these situations occur (whether within or outside either your or our control), this policy sets out the circumstances in which we may provide refunds to you and/or permit cancellations in respect of all or part of the Arrangements.
It is important to remember that we are your agent in booking the Arrangements, and do not provide any of the travel, accommodation or other activities, services or products, meals, facilities, goods and travel products or services on your holiday or in relation to it ourselves unless stated otherwise. Therefore, in most circumstances, your rights in the event of changes are against the supplier of the relevant Arrangements, not us.
Please note that in administering this policy we will only deal with the named person(s) who are named as the customer(s) of the Arrangements.
1. Changes or Cancellations
While we will endeavour to avoid any changes or cancellations to any part of the Arrangements, situations do occur which require certain parts of the Arrangements to be changed or cancelled.
1.1 Change and cancellation fees
- If you change any aspect of the Arrangements, we will do our best to accommodate your request, but it may not always be possible. All changes will be subject to any applicable Supplier fees and our change fees set out below, and you will be responsible for any increase in pricing that may occur as a result of your change request.
- If you cancel any aspect of the Arrangements, you will forfeit your deposit and you will be required to pay any applicable Supplier fees and our cancellation fees set out below, and we will provide you with a refund for the remaining funds (if any). If your deposit or booking is refundable, this is subject to us having received the funds from the Supplier and/or being authorised by the Supplier to refund your deposit or booking funds.
- For instant purchase or non-refundable bookings, if you cancel any aspect of that part of the Arrangements, you will not be entitled to a refund, travel credit or other remedy from the Supplier and/or us.
- Subject to your refund and remedy rights under the Australian Consumer Law, the following change or cancellation fees will apply to your booking:
- These change and cancellation fees reflect the reasonable, direct and indirect costs, time and effort incurred or involved in us providing booking and advisory services to you, as well as processing and managing the changes to, or cancellation of, all or part of the Arrangements.
- All bookings are made on your behalf subject to the terms and conditions imposed by the Supplier. If, for example, a Supplier’s terms and conditions contain a “no refund policy”, we will only be able to provide you with the remedy provided by the Supplier (if any), which may include a travel credit supplied by the Supplier.
1.2 Submission of cancellation request
- A request for cancellation must be submitted in writing to us either by email at info@unforgettablesrilanka.com.au or by post to Suite 535, 1 Queens Road, Melbourne, Victoria 3004.
- We will then email the Customer with further information of the next steps and what will be required to be actioned and/or provided in support of the cancellation request. The Customer will have no less than fourty-eight (48) hours from the date of the request for further information provided by us to provide the required information.
- For the avoidance of doubt, immediately upon submission of the request to cancel being submitted by the Customer, the Customer is authorising us to cancel all elements of the Arrangements for the passenger(s) provided within the cancellation request. All cancellations are considered non-reversible once received by us (regardless of whether we ask for further information or not) and subject to the terms and conditions set out in this policy.
1.3 Supplier change and cancellation fees
- Changed or cancelled Arrangements (or any par thereof) any reason (including by reason of matters outside your or our control) may also incur Supplier fees, which can be up to 100% of the cost of the Arrangements (or part thereof), regardless of whether travel has commenced. Supplier fees may also apply where a booking is changed for any reason and when tickets or documents are re-issued.
- Where we incur any liability for a Supplier change or cancellation fee for any part of the Arrangements which is changed or cancelled for any reason, you agree to indemnify and/or compensate us for the amount of that fee.
- Where you seek a refund for a changed or cancelled Arrangements (or part thereof) for which payment has been made to the Supplier, we will not provide a refund to you until we receive the funds from that Supplier (which may take 12 weeks, or longer, dependent upon the Supplier’s processing time). In the event we are still holding the funds, we can only provide you with a refund once we are authorised by the Supplier to process your refund, subject to that Supplier’s change or cancellation policy.
- To the extent permitted by applicable law, if the Arrangements (or part thereof) are cancelled by a Supplier, the Supplier will generally offer you in the first instance alternative travel arrangements of comparable standard if available (and will refund any price difference if the alternative is of a lower value), or a travel credit for the full amount paid by you. Alternatively, subject to the Supplier’s change or cancellation policy, the Supplier may offer you a refund of all money paid by you in respect of the Arrangements (or part thereof), from which the Supplier and/or we will deduct any unrecoverable costs, and any applicable Supplier fees and Flight Centre cancellation fees set out above.
- “Unrecoverable costs” means all reasonable, direct and indirect costs we have incurred in relation to the Arrangements (or part thereof), and includes amounts paid by us to other relevant Suppliers who are responsible for components of the Arrangements and which may be non-refundable. For example, costs paid to overseas in-destination tour or transfer operators.
1.4 Unavoidable or extraordinary circumstances
- In the event of unavoidable or extraordinary circumstances (as defined in the Supplier’s terms and conditions), a Supplier may materially modify or cancel the Arrangements (or part thereof) according to their terms and conditions.
- Unless otherwise provided in a Supplier’s terms and conditions, an “unavoidable or extraordinary circumstances” means any cause outside a travel service provider’s reasonable control which could not have been prevented or avoided even if all reasonable measures had been taken by the travel service provider (including, but not limited to, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, plague, epidemic, pandemic, infectious disease outbreak or any other public health crisis (including quarantine or other employee restrictions), natural or other disaster (such as volcanic ash or hurricanes or similar events), nuclear incident, fire or bushfires, adverse weather conditions (actual or threatened, including snow and fog), closed or congested airports or ports or other modes of transport, unavoidable technical problems with transport, unforeseen alterations to transport schedules, transportation disruptions or cancellations, domestic and/or international travel restrictions, changes to travel advisories and restrictions, changes to health advisories and quarantines, changes to immigration, labour and free-movement laws, rescheduling of aircraft or boats or other modes of transport, changes to applicable laws and/or other government mandates (including evacuation orders and border closures), and similar events).
- We will not be liable for any failure or delay in performing our obligations in booking the Arrangements (or part thereof) that is due to events beyond our control or as a result of an unavoidable or extraordinary circumstances. If such event occurs that affects the Arrangements (or part thereof), your entitlement to a refund, a credit or re-scheduled travel booking will depend on our and the Supplier’s terms and conditions. If the Arrangements (or part thereof) are impacted by a force majeure event and you are entitled to a refund or credit from either us or the Supplier, we will facilitate this refund or credit. Any credit card fees or any commissions received are non-refundable in the circumstance that a force majeure event occurs.
1.5 Supplier insolvency
Without limiting this section, for the avoidance of doubt, in the event of a Supplier being unable to provide you with the product and/or service you have booked due to that Supplier becoming insolvent or being placed under external administration, subject to your refund and remedy rights under the Australian Consumer Law, we have no obligation to reimburse you for the cost of the Arrangements (or part thereof), or for any loss or damage you may otherwise suffer as a result of any such insolvency or external administration.
2. Dispute Resolution
- If there are any complaints from a Customer, we will aim to respond and provide a suitable solution within five (5) business days.
- If a Customer is not satisfied with our response, the Customer agrees to provide us with written notice specifying the nature of the dispute, what outcome the Customer wants and what action the Customer thinks will settle the dispute. The Customer and us agree to, within fourteen (14) days of our receipt of a written notice, meet (either in person or via teleconference) in good faith to seek to resolve the dispute by agreement between them.
3. Amendments to the policy
This Cancellation and Refund Policy may be amended from time to time by prior electronic notice to you. Use of the Arrangements following any such amendments will be deemed to be confirmation that the Customer accepts those amendments. We recommend that each Customer reviews the current Cancellation and Refund Policy, before continuing to use the Arrangements.