Policies
Terms of Business
We are committed to a policy of fair-trading and we shall make every effort to
ensure that you have an enjoyable holiday with us. When you, as lead booker for
your party, make a booking with us and we accept it, a legally binding contract is
made with you. Your basic responsibility is to pay us the price of your holiday and
accept the stated liabilities should you wish to alter or cancel any of the confirmed
arrangements. Our responsibility is to provide you with the holiday you have
booked. The terms and conditions below clearly spell out our obligation to you and
your commitment to us, please read these and the Essential Travelling Information
carefully before you make a booking.
Introduction
This web site contained herein (collectively, the “Site”) make available information
on Coco Shambhala and transient stay facilities owned, managed or franchised by
Driftwood Holidays Pvt Ltd.
The terms of business set out below (“Conditions”) apply to your use of the Site
including the use of the information services offered on the Site.
In accessing, using, viewing, transmitting, caching or storing this Site or any of its
services, functions, materials, or contents, you shall be deemed to have agreed to
each and all the Conditions and notices in this Site without modification. Further,
you agree to be bound by these Conditions so please carefully read this section
before proceeding. If you do not accept these Conditions, you must refrain from
using the Site. These Conditions must be read in conjunction with any other
applicable terms and conditions governing the use of the Site.
1. Site
The Site makes available information relating to villas and resorts owned or
managed by the Driftwood Holidays Pvt Ltd, a company constituted under the laws
of India.
2. Trademarks
The Site contains the name, trade and service marks, logos, devices of “Coco
Shambhala” and other valuable trade and service marks owned by Driftwood
Holidays Pvt Ltd. Driftwood Holidays Pvt Ltd Intellectual Property is protected from
copying and simulation under national and international laws and may not be
reproduced, copied or otherwise used in any manner whatsoever, on any material
whether tangible or intangible, without the express prior written permission and
consent of Driftwood Holidays Pvt Ltd. Without limitation, you must not use any of
the said trade or service marks, either alone or in conjunction or combination or
variation with other trade and service marks, logos and devices:
In or as the whole or part of your own trademarks;
In connection with activities, products or services which are not undertaken or
provided by Driftwood Holidays Pvt Ltd;
In a manner which may be confusing, misleading or deceptive; or
3. Copyright
The Site is the copyrighted property of Driftwood Holidays Pvt Ltd. The information,
text, graphics, images, photographs, videos, sounds, links and all other information
and software published or otherwise contained in the Site (“Information”) are
owned exclusively by Driftwood Holidays Pvt Ltd and except as specifically provided
in these Conditions may not be copied, distributed, displayed, reproduced or
transmitted, in any form or by any means whether electronic, mechanical,
photocopying, recording, or otherwise, without the prior written approval of
Driftwood Holidays Pvt Ltd.
Unauthorized use of the Site and/or the materials contained on the Site may violate
applicable copyright, trademark or other intellectual property laws or other laws.
You must retain all copyright and trademark notices, including any other proprietary
notices, contained in the materials. The use of such materials on any other web site
or in any environment of networked computers is strictly prohibited.
4. Your use
The Site is for your personal non‐commercial use and the Information may be
downloaded or printed by you solely for that purpose. You may only use the Site if
you are at least 18 (eighteen) years of age and can enter into binding contracts (the
Site is not available for use by minors). You are responsible for maintaining the
secrecy of your passwords, login and account information. You will be financially
accountable for all uses of the Site by you and anyone using your password and
login information. The right to use the Information is a license only, not a transfer of
title, and is subject to the following restrictions:
The information may not be used for any commercial purpose or public display,
performance, sale or rental;
No copyright or other proprietary notices may be removed:
The information may not be transferred to another person;
Software may not be interfered with in any manner;
Every person downloading, reproducing or otherwise using the Information must
prevent any unauthorized copying of the Information;
You will only use the information for lawful purposes and in accordance with these
Conditions.
In addition, you agree that you will not use robot, spider, other automatic device, or
manual process to monitor or copy our web pages or the content contained herein,
without the prior written consent of Driftwood Holidays Pvt Ltd (such content is
deemed given for standard search engine technology employed by internet search
web sites to direct internet users to the Site).
6. Liability Disclaimer & Exclusion
In no event shall Driftwood Holidays Pvt Ltd be responsible for any direct, indirect,
special, incidental or consequential loss or damage, however arising and whether in
contract, tort or otherwise, which you may suffer in connection with or arising out
of:
Your use of the Site or any Linked Web Site; or
Your use of or reliance on Information or any other material accessed through the
Site including via any Linked Web Site including without limitation, loss or damage
by way of loss of profits, loss of business opportunity, business interruption or loss
of information.
The limitation of liability applies whether the alleged liability is based on contract,
tort, negligence, strict liability or any other basis even if we have been advised of
the possibility of such damage.
If you are dissatisfied with the use of the Site, or any of the products offered in
connection therewith or associated terms & Conditions
therewith, as the case may be, your sole and exclusive remedy shall be to
discontinue use of the Site.
7. Specific Warnings
You must ensure that your access to and your use of the Site is not illegal or
prohibited by laws which apply to you.
You must take your own precautions that the process which you employ for
accessing the Site does not expose you to the risk of virus, corrupted data, worms,
other instructions or design that would erase data or programming or cause the Site
or any equipment or system to become inoperable or incapable of being used in the
full manner for which it was designed, or be subjected to malicious computer code,
computer program routine or process or other forms of interference which may
damage your computer system. Without limitation, you are responsible for ensuring
that your computer system meets all relevant technical specifications necessary to
use the Site and is compatible with the Site. For the removal of doubt, Driftwood
Holidays Pvt Ltd does not accept responsibility for any interference or damage to
your computer system which arises in connection with your use of the Site or any
Linked Web Site.
Driftwood Holidays Pvt Ltd does not guarantee or warrant that any material
available for downloading from the Site or any Linked Web Site will be free from any
virus, infection or other condition which has contaminating or destructive
properties. You are responsible for taking sufficient precautions and checks to
satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any information which you provide to Driftwood Holidays Pvt
Ltd is accurate and complete and does not contain any virus, malicious computer
code, computer program routine or process or other form of interference which
may damage the computer system of Driftwood Holidays Pvt Ltd or the Information
or which may detrimentally interfere with or surreptitiously intercept or
expropriate any Driftwood Holidays Pvt Ltd system, data or information.
8. Linked Websites
The Site may contain links to other web sites (“Linked Web Sites”). Those links are
provided for convenience only. Driftwood Holidays Pvt Ltd provides such links solely
as a convenience to you and for information purposes only. Driftwood Holidays Pvt
Ltd has not reviewed all of the information on these other websites.
You acknowledge and agree that Driftwood Holidays Pvt Ltd does not have any
control over the content or availability of Linked Web Sites and accepts no
responsibility for the content, privacy practices or any other aspect of Linked Web
Sites.
Links with Linked Web Sites should not be construed as an endorsement, approval
or recommendation by Driftwood Holidays Pvt Ltd of the owners or operators of
those Linked Web Sites, or of any information, graphics, materials, products or
services referred to or contained on those Linked Web Sites. If you decide to access
the Linked Web Sites, you do so at your own risk.
10. Termination of Access
If you breach any of these Conditions your license to use the Site will terminate
immediately without the necessity of any notice being given to you.
Otherwise access to the Site may be terminated at any time by Driftwood Holidays
Pvt Ltd without notice.
The provisions of these Conditions excluding, limiting and disclaiming the liability of
Driftwood Holidays Pvt Ltd will nevertheless survive any such termination.
12. Communication
With respect to all communications made to Driftwood Holidays Pvt Ltd on or
through the Site including, without limitation, feedback, questions, comments and
suggestions (the “Communications”): (a) no right of confidentiality shall apply to the
Communications and Driftwood Holidays Pvt Ltd shall have no obligation to protect
the Communications from disclosure; (b) Driftwood Holidays Pvt Ltd shall be free to
reproduce, use, disclose and distribute the Communications to others; and (c)
Driftwood Holidays Pvt Ltd shall be free to use any ideas, concepts, know‐how or
techniques contained in the Communications for any purpose whatsoever,
including, without limitation, the development, production and marketing of
products and services that incorporate such information.
14. Privacy
IHCL respects the privacy of the users of this Site. Your use of the Site is subject to
IHCL Privacy Policy. If you would like to view the privacy practices please review our
Privacy Policy available on the Site. By using our site, you consent to your personal
information being processed as set out in our Privacy Policy.
15. Governing Law
Substantive laws of the Republic of India
OUR COMMITMENT TO YOU
1. Providing Your Holiday
Prior to receipt of your non-refundable deposit we will send you instructions
to complete our booking form and details of exactly what is booked for you.
At this stage Driftwood Holidays (who own and manage Coco Shambhala)
has accepted your booking in accordance with the terms laid down in these
booking conditions. Please check your confirmation mail carefully. You must
contact us straightaway if any information appears to be incorrect as it may
not be possible to make changes later. We are responsible for providing the
holiday we have confirmed to you. If you cancel or alter your booking later
on, you may have to pay an amendment charge. We reserve the right to
refuse your booking. If we do this we will refund any money already paid to
us.
2. Occupying/vacating your accommodation
The earliest check-in time is 14.00 hrs. We try to accommodate earlier
arrival times but this cannot be guaranteed. In order that our properties are
adequately prepared for new arrivals, we must ask you to vacate the villa by
11.00 hrs on the day of your departure.
3. If We Have To Cancel Your Holiday
In the unlikely event that we have to cancel your holiday through
circumstances beyond our control, we shall make every endeavour to offer
you suitable alternatives (without any charge to you). If the alternative is not
acceptable to you, you should notify us by return and we will refund ALL
monies paid. The above offer will not apply where the cancellation by us
arises out of non- payment or late payment on any part of the cost of the
holiday when cancellation charges will apply.
4. Circumstances Beyond Our Control “Force Majeure”
Driftwood Holidays Pvt Ltd shall not be liable for any loss or damage arising
from any matter outside the reasonable control of the company, including
(but not limited to) Acts of God, War, Civil Disturbance, Strikes or other
Industrial Actions, Acts of Government or failure of public supplies. For
example telephone and cable TV services, water and electricity supplies.
Neither is the company responsible for noise or disturbance originating
beyond the boundaries of the holiday accommodation or which is beyond
the control of the company. We do not accept liability where the
performance and/or prompt performance of our contract is affected or
prevented by reason of circumstance amounting to force majeure.
5. Our Liability To You
We are not liable for any claims for emotional or psychiatric injury or
distress, loss or damage to your baggage, and loss or damage or anything
occurring from the results of theft or attempted theft. Our maximum liability
in any claims will be limited to the cost of your holiday. Our obligations, and
those of our suppliers providing any service or facility, should be to do so
with reasonable skill and care. Standards of, for example safety, hygiene and
quality vary. Sometimes these standards will be lower than those expected
in developed countries. The services and facilities included in your holiday
will be deemed to be provided with reasonable skill and care if they comply
with any local regulations which, or, if there are no applicable local
regulations, if they are reasonable when compared to the local standards
and customs. If any international convention applies to or governs any of the
services or facilities included in your holiday arranged or provided by us, or
provided by any of our suppliers, and you make a claim against us of any
nature arising out of death, injury, loss or damage suffered as a result of the
provision of those services or facilities, our liability to pay you compensation
and/or the amount (if any) of compensation payable to you by us will be
limited in accordance with and/or in an identical manner to that provided
for by the international convention concerned (in each case including in
respect of the conditions of liability, the time for bringing any claim and the
type and amount of any damages that can be awarded. If you choose to
issue court proceedings against us (subject to your compliance with our
complaints procedure) then you must do so within two years of your return
home. Other than that set out above and as detailed elsewhere in these
booking conditions we shall have no legal liability whatsoever to you for any
loss, damage, personal injury or death which you suffer arising directly or
indirectly from any aspect of your holiday.
6. Property safety
We do not claim that any villa is totally child friendly or safe and care should
always be taken, especially around the pool areas (which are unfenced) with
supervision being given to children. We do make efforts to ensure that
reasonable care has been taken to address matters within the borders of the
properties. Some villas are better suited than others for young children and
the less mobile, so we advise you to fully investigate the suitability of the
property before you book. If you have any concerns about the safety of your
villa please contact the local office immediately. Any genuine problems
brought to our attention will be dealt with as quickly as is locally possible, if
feasible. The villas have staircases that can be steep for those who are
infirm. Telephone us and ask us as many questions as you want. If something
is important to you, then do not assume something but please ask us.
Despite our efforts and advice given, it is ultimately your responsibility for
the care and safety of the members of your group. If an accident does occur,
please complete an Accident Report and give this to the general manager.
7. Dealing with complaints
Should you have a problem on your holiday, you must complete a resort
report and give this to our house manager as soon as possible. We must be
given an opportunity to resolve any issues brought to our attention and
reasonable allowances should be made by you regarding the amount of time
taken to rectify the problem. Compensation payments will only be
considered where it is proven that any reported problem had a prolonged or
major impact on the enjoyment of the holiday booked. It is unreasonable to
take no action whilst on holiday, but then write a letter of complaint upon
return. If you do not raise concerns immediately, this may affect our ability
to investigate and take remedial action and it may impact on the way your
complaint is dealt with. If a problem remains unresolved during your holiday
you should make a complaint to Driftwood Holidays within 28 days of the
completion of your holiday. We will receive a report from the Goa Office and
reply to you within 28 days of receipt of your letter. We hope that we can
settle any holiday complaints amicably, however, should this prove not to be
the case, you may refer any dispute relating to this contract to an Arbitrator
from the London Court of Arbitration. The scheme provides for a simple and
inexpensive method of arbitration on documents alone, with restricted
liability of the client in respect of costs. The scheme does not apply to claims
for an amount greater than Rs1,00,000 per person or Rs5,00,000 per
booking form, or to claims which are solely or mainly in respect of physical
injury or illness. Details of the scheme may be obtained from the Chartered
Institute of Arbitrators.
8. Website accuracy
The descriptions of villages and accommodation have been compiled
through personal experience. We have attempted to describe the
accommodation on offer, but due to the individuality of the properties, it is
almost impossible to cover every detail appertaining to each one in a
brochure description. Coco Shambhala is privately owned and therefore
furnishings and equipment may be replaced or updated as the owners think
fit and this may not be reflected in a website picture. We have also tried to
describe the location of the properties as accurately as possible. However,
village life goes on even if you are on holiday and the quiet location we may
have described could suddenly become very noisy from local church or
temple festivals which are celebrated throughout the year. We are not in a
position to notify you of these specific festivals or events. There may be
occasions when an advertised facility is modified or not available. Such
situations may be dictated by local circumstances, for example: for
maintenance, water shortages, unsuitable weather conditions, fuel
shortages, reduced power supplies and other circumstances beyond our
control. If we are advised of any of these we will of course notify you as soon
as possible but we cannot be held liable in such circumstances. It is also
important to note that some facilities, such as restaurants, may not operate
at all times in the season. We regret that we are unable to cover every
eventuality in our website descriptions
9. Telephone and Internet access
Cell phones are provided for local calls in our villas. If the phone develops a
fault, it can sometimes take a long time to repair and does not form part of
our contract with you. We do not offer compensation if a phone or internet
connection is not working due to circumstances beyond our control.
YOUR COMMITMENT TO US
1. Booking Your Holiday
At the time of booking you, as lead booker, must complete a booking form
on behalf of yourself and all other persons on whose behalf the booking is
made (including persons substituted or added by agreement) and pay a
deposit of one third of the total property rental. Once the booking has been
confirmed online you are confirming that you understand and have accepted
our booking conditions. Should you later cancel, cancellation charges will
become payable in accordance with paragraph 5. We allow seven days for
your monies to reach us. If we do not receive them within this time, we will
release your booking.
You warrant that you are at least 18 years of age, possess the legal authority to
enter into the legal agreement constituted by your acceptance of these Conditions
and to use the Site in accordance with such Conditions. You agree to supervise all
usage by minors of this Site under your name or account. You also warrant that all
information supplied by you or members of your traveling party in using this Site is
true and accurate and without limitation, or any false or fraudulent reservations.
You agree to be financially responsible for your use of the Site including without
limitation for all reservations made by you or on your account for you, whether
authorized by you or not. For any reservations or other services for which fees may
be charged you agree to abide by the terms or conditions of supply including
without limitation payment of all moneys due under such terms or conditions.
The Site contains details of Coco Shambhala villa rates.
Reservation terms and conditions of booking are set out on the Site and payment
will be in accordance with the procedure set out in such terms and conditions.
You agree that you will make only legitimate reservations in good faith for use by
you and your invited guests only, and not for other purposes, including without
limitation, reselling, impermissibly assigning or posting on third party web sites or
making speculative, false or fraudulent reservations, or any reservation in
anticipation of demand.
No contract will subsist between you and Driftwood Holidays Pvt Ltd for any
services or products offered through the Site unless and until Driftwood Holidays
Pvt ltd accepts your order by e‐mail and any such contract shall be deemed to
incorporate our terms of booking. Any other relevant terms and conditions relating
to particular services or products are set out in the Site. TERMS & CONDITIONS
You undertake that all details you provide to in connection with any services or
products which may be offered by Driftwood Holidays Pvt Ltd on the site will be
correct and, where applicable, the credit card which you use is your own and that
there are sufficient funds to cover the cost of any services or products which you
wish to purchase. Driftwood Holidays Pvt Ltd reserves the right to obtain validation
of your credit card details before providing you with any services or products.
2. Paying For Your Holiday
After your booking is confirmed and a deposit received, a confirmation mail
will be sent to you giving you details of the accommodation booked, dates
and the total cost due including taxi transfers. This confirmation invoice
forms a contract between Driftwood Holidays and the person to whom it is
addressed and is based on the understanding that you, on behalf of yourself
and all the other persons on whose behalf the booking is made, have read
and understood “Our Terms of Business and Essential Travel Information”. A
full payment is due not later than ten weeks before departure. We reserve
the right to cancel your holiday (and invoke cancellation charges as detailed
in paragraph 5) if payment is not received by the due date.
If you make a holiday booking within ten weeks of your departure date then
you must pay the full cost of the holiday at the booking stage.
3. Insurance
As a condition of booking, Driftwood Holidays requires that you take out
adequate holiday insurance cover for each person in your party. At least 21
days prior to departure we will require you to furnish us with the Company
Name and policy number of your insurance, together with the 24 hour
emergency telephone number. If you fail to provide Driftwood Holidays with
these details, we reserve the right to cancel your booking with no refund of
payments you have made to us.
4. Making Changes to Your Holiday
If you wish to change any details of your booking we will do our best to help,
but give no guarantee in this regard and any alterations after the final
balance has been paid (10 weeks before departure) will carry an alteration
fee of Rs2000 per amendment. All alterations should be notified in writing
by the person making the booking. Please make every effort to inform our
Goa Office if there are any last minute changes to your arrival arrangements.
If you fail to do this, any additional transfer costs will be charged locally.
5. Cancelling Your Holiday
Should you wish to cancel your booking once it has been accepted by us, we
must receive written instructions from the person who made the booking to
this effect. The cancellation will take effect from the day the written
confirmation is received and the following scale of cancellation charges
apply:
More than 70 days before the start of the
| More than 70 days before the start of the holiday | Deposit Only |
|---|---|
| Between 36-69 days | 50% of total holiday cost |
| 35 days – start of holiday | 100% of total holiday cost |
6. We strongly recommend that you take out holiday insurance which covers
against loss of deposit or cancellation fees.
7. Our Accommodation
The holiday accommodation is booked exclusively for the persons named on the
booking form. No other persons may use the accommodation without our express
permission. The villas are booked for normal holiday use only and pets/animals are
not allowed. If in our opinion accommodation manager or any other person in
authority deems that you are behaving in such a way as to cause danger, distress or
annoyance to others or damage property, your holiday arrangements may be
terminated by either our selves or the supplier concerned. In this situation we will
have no liability to you and will not be responsible for making any refund, paying
any compensation or meeting any costs or expenses you incur as a result. Further,
you must meet any expenses we incur as a result of your behaviour.
8. Breakages
All breakages or damages to the accommodation must be reported
immediately and these must be paid for locally before vacating the villa. We
also reserve the right to charge for damage or breakages not reported and
found after departure.
