Terms & Conditions


Harizma Alliance LP (“Harizma” or “we”) welcomes you (the “Customer” or “you”) to its website https://EffectiveTours.com/ (the “Site”). References to the Site are deemed to include derivatives thereof, including but not necessarily limited to mobile websites and applications. The Terms of Use –as defined below- apply to our services, directly or indirectly made available to you through whatever means, including online reservations, customer service requests or otherwise. By accessing, browsing and using the Site and/or by making a reservation through Harizma, you acknowledge and agree having read, understood and agreed to the Terms of Use. 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 Site 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.

Scope of our Service – Information on the Site

Through the Site, Harizma provides an online platform through which you can make reservations of different types of lodging and temporary accommodation, including but not necessarily limited to hotels, hostels, serviced apartments, B&Bs, rooms for rent, cottages, ryokans, etc. (collectively, the “Accommodation(s)”). By making a booking through the Site, you make an offer to book a reservation at the price listed for such reservation and such other terms and conditions stated on the Site, which shall become a binding contract when accepted by Harizma, which in turn means the reservation has been confirmed by the Accommodation. 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 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 Site. 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 Site 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 Site. Changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site 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. Please note that Harizma 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 Harizma.

The Site 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 Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site.

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 behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations (USA, EU, UN, Singapore,…), etc. In case a booking is rejected or cancelled by Harizma 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 Site, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the Site under any other name or through any other user. See also below for our fraud prevention mechanisms.

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 Site (e.g. in terms of price) 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 this reason is in Harizma's sole discretion.

Please note that suspected group bookings can also be rejected or cancelled by Harizma or the Accommodation as most Accommodations have specific procedures for group bookings. Contact our Customer Service team for more information.

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.

A word about star ratings

The Accommodation star ratings are provided for your information only. The star ratings are based on information we have received from our suppliers, including the Accommodations. 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 Site. 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 country or city is not comparable to the same star rating in another country or city due to such circumstances. Star ratings do not necessarily reflect all the amenities or services that might be available at an Accommodation, 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.

Use of the Site

Harizma grants you a limited, restricted, personal, non-transferable, non-sublicenseable, revocable license to access and use the Site only as expressly permitted in the Terms of Use. Except for this limited license, we do not grant you any other rights or license with respect to the Site; any rights or licenses not expressly granted herein are reserved. The content and information on the Site, as well as the software and infrastructure used to provide such content and information, is proprietary to Harizma or its suppliers and providers, including the Accommodations. You may only use the Site to make bona fide and legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent bookings or any reservations in anticipation of demand. You undertake that the payment details you provide us with in making a booking are fully correct. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to Harizma and acknowledge that Harizma may use these details to contact you in the event that this should prove necessary.

Accordingly, as a condition of using the Site, you agree not to use the Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or 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 Site. In addition, you agree not to:

  • use the Site 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 Site 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 Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
  • 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 Site (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 Site for any commercial or competitive activity or purpose;
  • "frame", "mirror" or otherwise incorporate any part of the Site into any other website without our prior written authorization;
  • deliver any unlawful (according to any and all applicable laws or regulations) postings to or through the Site, 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 Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the Site 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 Site, any related website, other accounts, computer system, or networks connected to the Site, 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 Site, 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 Site, the Harizma group of companies and their employees, Harizma'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 Site or frame the Site or any web page or material herein, nor may any entity hyperlink any aspect of the Site in an email for commercial purposes without the express written permission of Harizma.

By making a reservation on the Site, 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.

Additional Charges by Accommodations

Please note that all prices on the Site are for your Accommodation room reservation only and are for the requested stay dates and for the number of people indicated, unless indicated otherwise. The Accommodation room reservations rates are displayed per room and per night. Except where indicated otherwise, Harizma will typically display the rate inclusive of tax recovery and service charges on the Site. Without prejudice to what is set out below, you will see the total inclusive price prior to confirming your booking. Display settings may vary, but this will at the latest show on the final booking page (before the confirmation screen). Please verify every step of your reservation on the booking form; you can discontinue the booking at any time prior to the final confirmation screen (please see below for post-booking cancellations). What is included in the rate is displayed on the Site (under the Accommodation information section or prior to the final booking confirmation) and/or in the confirmation email/voucher. Hotel resort and other mandatory fees (see below) and certain local city, tourist or occupancy taxes (when applicable) that are required to be collected directly from guests, are typically not included in the rate unless stated otherwise. Please verify the Accommodation description or policies on the Site. Insurance of any kind is never included in the rates. The standard Accommodation room reservations are for single or double occupancy, extra beds will usually incur extra charges. The Accommodation may also refuse to accept additional persons if not duly informed in advance. Please note that certain Accommodations may charge you a so-called additional but mandatory “resort fee” (or similar) for the use of certain of their services. This resort fee is typically not included in the price, but it will be mentioned in the Accommodation description on the Site. You may also be charged directly by the Accommodation for energy surcharges, baggage handling fees, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees. The practice to add additional Accommodation fees is outside Harizma’s control and occurs in certain markets, including the USA. Needless to say, optional incidental fees and personal consumptions are almost never included, for example, parking charges, minibar charges, phone calls, room service, food & beverage, gala dinners, movie rentals, internet, etc.. During certain high season periods, certain Accommodations will add on a compulsory gala dinner (e.g. for New Year, Christmas, Chinese New Year,...). This is not included in the room rate, but will be displayed on the booking form. Please check the “Accommodation Information”, “Booking Conditions”, “Cancellation Policy” or similar wording on the Site. When in doubt whether something is included, you can contact our Customer Service team.

For certain Accommodations, a compulsory transportation or transfer fee will be charged on top of the room rate at the request of the Accommodation, or at your option where available. This is especially common for island destinations (e.g. the Maldives) where you need Accommodation transportation to reach the Accommodation. Please note that Harizma does not organize any transportation, this is always organized by and offered by or on behalf of the Accommodation, who is responsible for such transportation services, not Harizma. Harizma does not assume any liability for the quality, safety, frequency or service levels of such transportation services. In some jurisdictions, the Accommodations are also required to directly collect a local bed or city tax from the guests. Governments have on occasion issued additional taxes and may ask the Accommodations to collect these directly. These charges, if applicable, will be payable by you to the Accommodation directly at checkout. Please verify with the Accommodation or Customer Service which extra fees are (not) included.

A Word on Charges for Taxes and Fees

In connection with facilitating your Accommodation transaction, the charge to your credit card may include a charge for taxes and fees (“Taxes and Fees”) unless indicated otherwise. This charge includes an estimated amount to recover the amount we pay to the Accommodation in connection with your reservation for taxes owed by the Accommodation including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the Accommodation. The amount paid to the Accommodation in connection with your reservation for taxes may vary from the amount we estimate and include in the charge to you. The balance of the charge for Taxes and Fees, if any, is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. If the balance is negative, we will absorb such difference. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the Accommodation and the location of the Accommodation where you will be staying, and may include profit that we retain.

Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. 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. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

For transactions involving Accommodations located within certain jurisdictions, the charge to your credit card for Taxes and Fees includes a payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.

For Accommodations where you need to pay at the Accommodation, the price may or may not include taxes and services. Please verify the booking conditions and your confirmation mail or voucher or contact our Customer Service team.

As stated above, certain cities or municipalities charge city, bed, tourist occupancy or equivalent taxes that have to be collected by the Accommodation locally.

Privacy

We respect your privacy.

5. Payment - Credit card – Age - Fraud

For pre-paid Accommodation bookings with Harizma, your credit card will be charged by Harizma for the full price (sometimes without any option for refund depending on the Accommodation’s booking conditions, see below) upon reservation and confirmation of the booking. Please check the reservation details thoroughly for any such conditions prior to making your reservation. Harizma will process refunds, if and when applicable, within a reasonable timeframe. In order to safeguard and encrypt your credit card information when in transit to us, we use the "Secure Socket Layer (SSL)" technology for our services.

In the event of credit card fraud or unauthorized use of your credit card by third parties, you should contact your bank or card issuer immediately upon becoming aware of such unauthorized use. If you suspect an unauthorized or fraudulent booking was made via Harizma, please contact our Customer Service team immediately.

In order to make a booking you must be over 18 years old (or the age of majority in those countries and territories where it is higher than 18) 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. Harizma reserves the right not to accept certain credit cards. Harizma may add or remove other payment methods at its discretion.

We have stringent fraud detection and prevention mechanisms in place. In certain cases, we may require additional information or verifications to validate and confirm the booking, as explained in more detail on the Site. A small verification charge or pre-authorization may also be made to your card. The balance will be charged after confirmation. Reservations are not confirmed until you have received a confirmation mail with a voucher and it is possible that an Accommodation could become fully booked during the fraud check, in which case the reservation will no longer be available. Harizma can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialized agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will not be completed and fully cancelled and any amounts charged (including the verification charge where applicable) will be refunded.

A word about failed payments

For a variety of reasons, payment on the Site may fail. In such cases, Harizma will offer you alternatives to ensure your reservation can go ahead. If you have any questions, please contact our Customer Service department.

6. Booking conditions - Cancellations, No-Shows, Early Departure and Late Check-Out – Specific Accommodation Policies - Special Needs

By making a reservation on our Site, 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 Site at the Accommodation information pages or under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email 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 canceled 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, Harizma reserves the right to charge a cancellation fee, this will be indicated on the Site. 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 travelers and/or traveling 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 Harizma. Depending on the policy of the applicable Accommodation, your reservation will be refunded, canceled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival.

Complaints

If you have complaints about Harizma's service, you can contact our Customer Service team. 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. Harizma will coordinate directly with the Accommodation to try and find a mutually agreeable solution but cannot guarantee a satisfactory outcome.

Legal

Disclaimer of Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. HARIZMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HARIZMA 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. HARIZMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. HARIZMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THE SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

HARIZMA 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.

General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HARIZMA, 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 SITE 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 SITE; (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 SITE OR ANY INFORMATION (INCLUDING BUT NOT LIMITED TO THE (DESCRIPTIVE) INFORMATION (INCLUDING RATES, AVAILABILITY AND RATINGS) OF THE ACCOMMODATION AS MADE AVAILABLE ON THE SITE), SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE; (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 SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY USE, DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE; 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 Site. Harizma does not guarantee continuous access without interruption to the Site.

Harizma’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, Harizma’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.

Miscellaneous

Harizma does not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Accommodations, or any room in such Accommodations. The Accommodations are liable and responsible for providing accommodation service and welcoming people who have booked through Harizma as their guests.

You agree to indemnify and hold harmless Harizma from and against any liability, damage or loss including legal fees and expenses that Harizma incurs or suffers as a result of any action, inaction or omission by you. If you use the Site 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 Site for or on behalf of a Third-party agrees to indemnify and hold each Harizma harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the user's failure to fulfill any of its obligations as described above.

You are at all times bound by the local laws and regulations. Things which are legal in certain countries may be illegal in others. You should enquire about applicable restrictions. Harizma cannot be held liable in case a Accommodation refuses to check you in or asks you to leave for legal or regulatory reasons.

For your convenience, the Site and the Terms of Use exist in a number of languages and local versions, but have originally been drawn up in the English language. In case of conflict between the English language version and a translated version, the English language version of the Terms of Use shall prevail.

The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.

Harizma reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof, including any service or product available through the Site, and/or your use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Harizma shall not be liable to you or any third-party for any termination of your access to the Site. Harizma reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate.

For the avoidance of doubt, the Terms of Use do not apply to commercial contractual relationships Harizma may have with others, including but not limited to the Accommodations and certain marketing partners.

Please note that Harizma cannot issue local tax invoices except for reservations in Srilanka. Harizma is a tax resident of Srilanka and can only issue local tax invoices in this jurisdiction.

The Terms of Use and the provision of our services shall be governed by and construed in accordance with the laws of Srilanka without reference to Srilanka conflict of laws rules, and any dispute arising out of the Terms of Use and our services shall exclusively be submitted to the competent courts in Srilanka.

Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions.