Terms of Service

Last Updated: December 20, 2025

1. Preamble and Acceptance

1.1. The Platform

Welcome to Ceygate ("Platform"), a digital tourism marketplace operated by Ceygate Travels (Pvt) Ltd ("Ceygate," "we," "us," or "our"). The Platform serves exclusively as an "Information Society Service" that connects independent tourism service providers ("Vendors") with travelers ("Customers").

1.2. Electronic Agreement (Click-Wrap)

By clicking "I Agree," "Sign Up," "Book Now," or by accessing or using the Platform, you enter into a legally binding electronic contract with Ceygate in accordance with the Electronic Transactions Act No. 19 of 2006. You acknowledge that your electronic click constitutes your legal signature and consent to be bound by these Terms.

1.3. Eligibility

You represent that you are at least 18 years of age and possess the legal authority to create a binding legal obligation.

Part A: General Terms (Applicable to All Users)

2. Platform Role and Disclaimers

2.1. Intermediary Status

Ceygate acts solely as a digital intermediary. We do not own, operate, manage, or control any hotels, transport vehicles, or tour operations. The contract for the provision of tourism services ("Service Contract") is strictly between the Customer and the Vendor. Ceygate is not a party to the Service Contract.

2.2. Disclaimer of Warranties (CAA Compliance)

Pursuant to the Consumer Affairs Authority Act No. 9 of 2003, Ceygate explicitly disclaims any status as a "trader" or "manufacturer" of the tourism services.

  • No Implied Warranty: We make no representation or warranty regarding the quality, safety, hygiene, or legality of any Vendor Service.
  • Fitness for Purpose: We expressly disclaim any implied warranty of fitness for a particular purpose. You rely solely on the Vendor’s description and your own judgment.

2.3. Evidentiary Conclusiveness

In the event of a dispute, you agree that the electronic records maintained by Ceygate’s servers (including booking logs, timestamps, and chat history) shall be deemed conclusive evidence of the facts contained therein, pursuant to Section 21 of the Electronic Transactions Act.

3. User Accounts and Security

3.1. Account Responsibility

You are responsible for maintaining the confidentiality of your login credentials.

3.2. Attribution of Messages

In accordance with Section 12 of the Electronic Transactions Act, any data message, booking, or instruction sent from your account is deemed to be authorized by you. You are fully liable for all transactions executed under your credentials, regardless of whether you authorized them explicitly.

4. Online Safety and Content Conduct

4.1. Prohibited Statements (Online Safety Act Compliance)

You agree not to upload, post, or transmit any content that constitutes a "Prohibited Statement" under the Online Safety Act No. 9 of 2024. This includes, but is not limited to:

  • False statements threatening national security or public order.
  • Content causing harassment or inciting violence.
  • "Cheating by personation" or fraudulent misrepresentation.

4.2. Safe Harbor and Takedown Rights

Ceygate reserves the unfettered right, at its sole discretion and without prior notice, to remove any content or suspend any User account to ensure compliance with the Online Safety Act or any directive from the Online Safety Commission. Ceygate assumes no liability for damages resulting from such removal.

Part B: Vendor-Specific Terms

5. Vendor Obligations

5.1. Licenses and Compliance

The Vendor represents and warrants that:

  • It holds all necessary valid licenses from the Sri Lanka Tourism Development Authority (SLTDA) as required by the Tourism Act No. 38 of 2005.
  • It complies with all directions of the Consumer Affairs Authority (CAA).
  • All prices listed are final and all-inclusive (including service charges and taxes), preventing "bait and switch" practices.

6. Agency Appointment and Taxation

6.1. Limited Payment Collection Agent

The Vendor appoints Ceygate as its limited payment collection agent. Payment made by a Customer to Ceygate shall be considered the same as payment made directly to the Vendor.

6.2. Tax Responsibilities

  • Turnover Definitions: Ceygate’s revenue is solely the Commission Fee. The Vendor acknowledges that the Gross Booking Value is the Vendor’s turnover.
  • VAT and TDL: The Vendor is solely responsible for declaring and paying all applicable taxes, including Value Added Tax (VAT), Tourism Development Levy (TDL), and Social Security Contribution Levy (SSCL) on the gross value of the service sold. Ceygate is responsible for taxes only on its Commission Fee.

7. Indemnification

The Vendor agrees to indemnify, defend, and hold harmless Ceygate, its officers, and employees from any claims, liabilities, damages, and expenses (including legal fees) arising out of:

  • The Vendor Service (including personal injury, death, or property damage to Customers).
  • The Vendor’s breach of these Terms or applicable laws.
  • Any tax assessments levied against Ceygate regarding the Vendor’s sales.

Part C: Customer-Specific Terms

8. Bookings and Cancellations

8.1. Contract Formation

When you complete a booking, you are entering into a contract directly with the Vendor.

8.2. Cancellations

Cancellation policies are determined by the individual Vendor and displayed at the time of booking. Ceygate facilitates refunds strictly according to the Vendor’s policy. Ceygate’s Commission/Service Fee is non-refundable under all circumstances.

9. Limitation of Liability

9.1. Exclusion of Negligence

To the maximum extent permitted by the Unfair Contract Terms Act No. 26 of 1997, Ceygate is not liable for any personal injury or death resulting from the Vendor's negligence. Ceygate owes no duty of care regarding the physical safety or maintenance of Vendor facilities.

9.2. Liability Cap

In no event shall Ceygate’s aggregate liability to you for any claim arising out of or in connection with these Terms exceed the amount of the Commission Fee paid to Ceygate for the specific booking giving rise to the claim.

Part D: Dispute Resolution

10. Dispute Hierarchy

10.1. Tier 1: Direct Negotiation

You agree to first attempt to resolve any dispute regarding the Service (e.g., quality, refunds) directly with the Vendor. Ceygate is not obligated to mediate.

10.2. Tier 2: Optional Mediation

Ceygate may, at its sole discretion, assist in facilitating communication, but does not guarantee a resolution.

10.3. Tier 3: Binding Arbitration

Any dispute arising out of or relating to these Terms (specifically between User and Ceygate) shall be finally settled by arbitration in accordance with the Arbitration Act No. 11 of 1995. The seat of arbitration shall be Colombo, Sri Lanka, and the language shall be English.

10.4. Jurisdiction

Subject to arbitration, the parties submit to the exclusive jurisdiction of the courts of Colombo.