Your travel services contract and agreement
This agreement sets out both of our rights and responsibilities.
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
We reserve the right to amend, alter, modify, delete or add any of the provisions of these Terms and Condition at any time. When these Terms and Conditions are modified, we will post such changes on our online service facility and it is your duty to consult and/or check regularly this agreement on our online service facility regarding any such change. Therefore, you should review these pages from time to time so as you will be aware of any such changes. All amended terms shall be effective 5 (five) calendar days after their initial posting on our website.
1. This Travel Service, Plan and Pack Agreement starts when we accept your application and you have accepted the terms during the online joining process. By accepting the terms, you are agreeing to pay any applicable joining fee, administration fee and monthly Travel Plan and Pack amount which are shown at the start of the joining process and again before confirming your payment instruction.
• You agree you will only use our website or services to make legitimate joining process, reservations or purchases and shall not make speculative, false or fraudulent joining process, applications or reservations in anticipation of demand or attempt to fill out the Orus Travel Sing Up (Create Account online form using our website). You will only use our website and services in compliance with applicable law.
• Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any "robot", "spider" or other automated or manual device or program, (b) deep link to any portion of our website, or (c) "frame" or incorporate any portion of our website into any other website.
• Our website may contain links to third party websites that we provide only as a convenience to you. You should take precautions to ensure that whatever links you access are free of viruses, worms, trojan horses or other destructive mechanisms. The existence of these links does not imply that we endorse such websites or any included content. We are not responsible for such websites or content or any data privacy practices of such websites.
2. You have the right to cancel this Agreement within 14 days from the start of the Agreement without giving any reason but you must let us know you wish to do so within the 14-days period.
3. You may email us on contact@orustravel.com using the email that you used during the online joining process that you were sent or you may use the attached cancellation form https://www.orustravel.com/documents/cancellation-form.pdf but it is not obligatory. The cancellation period will expire after 14 days from the day you accept the terms. To meet the cancellation deadline, it is sufficient if you send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
4. If you cancel your Travel Plan agreement within the 14-day period we will refund to you only the full Plan Amount you have paid, not the joining fee, no later than 14 days after the day on which we are informed about your decision to cancel using the same means of payment as you used for the initial transaction.
5. After the 14-days cancellation period you may terminate your Plan agreement at any time by cancelling the direct debit mandate with your bank (if applicable) or to cancel the payment method you chose when you joined for your travel plan.
6. A 10% cancellation fee over the amount already paid will be applied and your Travel Plan agreement will end with immediate effect.
• If any of the terms of this Agreement are invalid, unenforceable or illegal the remaining terms can still be enforced.
• This Agreement is governed by the law of England and Wales.
We may end the Agreement if: you do not pay any Charges or Fees that are due or if you’re bankrupt. We can also end the Agreement if we reasonably believe the Service is being used: fraudulently, illegally, in a way that harms our Network, contrary to our Fair Use Policy, or to cause annoyance (among other things).
How to book your e-ticket
Simply go to our website, log in to your account click on (my plan/account), confirm your destination and submit. When you finish, an email will be sent to our expert team of agents, who will get in contact with you and arrange the best options of flights to suit your needs. Alternatively, just contact us through our website and click on CONTACT and fill out the form with your request and we will get back to you within 48 hours.
For 3-Months Travel Plan
You can only travel on or after the day that your travel plan is due to end.
• Your e-ticket can be issued 15 days before the last month of your travel plan expires subjected to the final monthly payment due. If you wish to travel on the day that your travel plan contract with us is due to end, you must also notify us 30 days before the end of your travel plan that you wish to do so and settle your final Plan payment. We will then issue your e-ticket for your chosen destination and dates.
• We can also issue you your e-ticket up to 90 days after your full Travel Plan of 3 months has been paid just in the unlike event that you change your mind; your travel plans and arrangements or if you wish to travel a few months after your Plan period has ended or need more time to reschedule your journey. You must let us know of such changes 21 days before the end of your Travel Plan or your e-ticket has been issued so we can make the necessary re-arrangements.
• We will be able to hold your booking for an extra 90 days after your Plan has ended. After 90 days of the end of your Travel Plan, extra fees and charges may apply. You may wish to terminate this contract and request your refund at any time subjected to the cancellation terms. After your E-ticket has been issued, all changes and matters you wish to do must be dealt straight with your airline subjected to their own terms and conditions.
For 6-Months Travel Plan
You can only travel on or after the day that your Travel Plan is due to end.
• Your e-ticket can be issued 30 days before the last month of your Travel Plan expires subjected to the final monthly payment due. If you wish to travel on the day that your Plan contract with us is due to end, you must also notify us 30 days before the end of your Travel Plan that you wish to do so and settle your final Plan payment. We will then issue your e-ticket for your chosen destination and dates.
• We can also issue you your e-ticket up to 90 days after your full Travel Plan of 6 months has been paid just in the unlike event that you change your mind; your travel plans and arrangements or if you wish to travel a few months after your Plan period has ended or need more time to reschedule your journey. You must let us know of such changes 21 days before the end of your Travel Plan or your e-ticket has been issued so we can make the necessary re-arrangements.
• We will be able to hold your booking for extra 90 days after your Plan has ended. After 90 days of the end of your Travel Plan, extra fees and charges may apply. You may wish to terminate this contract and request your refund at any time subjected to the cancellation terms. After your E-ticket has been issued, all changes and matters you wish to do must be dealt straight with your airline subjected to their own terms and conditions.
For 12-Months Travel Plan
You will have the option to travel after the 7th month instalment has been paid subjected to the remaining Travel Plan instalments have paid in full. You shall notify us 30 days before your 7th instalment is due so we can make the necessary travel arrangements.
• Your e-ticket can be issued 30 days before the last month of your Travel Plan expires subjected to the final monthly payment due. If you wish to travel on the day that your Plan contract with us is due to end, you must also notify us 30 days before the end of your Travel Plan that you wish to do so and settle your final Plan payment. We will then issue your e-ticket for your chosen destination and dates.
• We can also issue you your e-ticket up to 90 days after your full Travel Plan of 12 months has been paid just in the unlike event that you change your mind; your travel plans and arrangements or if you wish to travel a few months after your Plan period has ended or need more time to reschedule your journey. You must let us know of such changes 21 days before the end of your Travel Plan or your e-ticket has been issued so we can make the necessary re-arrangements.
• We will be able to hold your booking for extra 90 days after your plan has ended. After 90 days of the end of your Travel Plan, extra fees and charges may apply. You may wish to terminate this contract and request your refund at any time subjected to the cancellation terms. After your E-ticket has been issued, all changes and matters you wish to do must be dealt straight with your airline subjected to their own terms and conditions.
For 3-Months Promotional Plan
• You must notify us 30 days before the event date you wish to attend so we can make the necessary travel package bookings and arrangements.
Bear in mind that Promotional Plan tickets are subject to availability of seats and fares conditions.
Also, is our commitment to reserve and book your ticket only.
If for some reason you need to make any changes in your trip, after your ticket is issued, is your entire responsibility to contact your airline to do those changes and pay any penalties if applicable.
Credit Card Fraud Protection
To ensure that your credit, debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference agency. Which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998. (We do not store customer credit card details).
Security
We are committed to ensuring that your information is secure. Appropriate security measures are in place to protect against loss, misuse or alteration of information collected from you, including measures to prevent, as far as possible, access to your data base by parties’ other than Orustravel.com.
You must give us your current email address and postal address for the purposes of receiving Notices and other communications from us. You cannot provide us with addresses for businesses or organisations. You must keep this address up-to-date and/or tell us immediately if there are any changes to it. You're responsible for making sure your email address works and you'll be responsible for all consequences for errors in sending and receiving email (including our emails being directed to your "junk mail/span folders") unless we're negligent. If you want to update the email address we have for you, please do this online at our web site.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law.
7. Registration and accounts
7.1 You may register for an account with our website by [completing and submitting the Sign Up/create account registration form on our website].
7.2 You must not allow any other person to use your account to access the website or you must give us a written notice, permission and consent that you wish your account to be accessed and used by other person. You agree to take total responsibility for their use of your account. Contact us at www.orustravel.com from your account login area.
7.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
7.4 You must not use any other person's account to access the website [, unless you have that person's express permission to do so].
8. User IDs and passwords
8.1 If you register for an account with our website, [we will provide you with / you will be asked to choose] a user ID and password.
8.2 Your user ID must not be liable to mislead and must comply with the content rules set out; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Airlines and Flights
All our flights with any particular airline are subjected to availability as per dates chosen on your plan and at the time we issue your e-ticket. Direct flights are not guaranteed to your chosen destinations. All departures and arrivals are from and to the main international airports for each of your chosen city/destinations. The first available airports will be chosen by our system at the time we book and process your flights as it will be shown on your e-ticket.
Holiday Offers and Additional General Orus Travel Terms and Conditions.
The Terms & Conditions below apply to all bookings made with Orus Travel.
The following terms and conditions (“booking conditions”) form the basis of your contract with Orus Travel. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these terms and conditions and agree to them.
Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated.
In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires and “lead name” means the person who makes the booking. “We”, “us” and “our” means Orus Travel.
Before You Book
1.1 Choosing Your Holiday
We hope that your Orus travel holiday deals will live up to your expectations so it is very important that you choose the right holiday for you. Our staff are always happy to advise and give you their professional opinion.
1.2 Confirming Your Holiday
When you decide to confirm your holiday with us, please ensure that you cancel any other flights which may have been held for the same dates/airlines, by other Tour Operators/Travel Agents. Failure to do so, may result in the airline subsequently cancelling the flights we have booked, and additional costs being incurred to re-book.
1.3 Hotel Grades
Choosing the right hotel can be a dilemma, especially when travelling to long haul destinations. Whilst most hotels have official star ratings locally, in some cases these cannot always be relied on. We have categorised all hotels throughout our brochures and online to give a general guide. Standards can however vary between hotels of the same class, in different countries, and even in the same country. For example, city hotels which often cater for business as well as leisure travellers may have generally higher standards than a beach resort where the atmosphere will tend to be more relaxed. It is important to carefully read the individual hotel descriptions.
1.4 Single Rooms
It is an unfair fact of life that single travellers generally have to pay over the odds for a room, often up to twice the price each person in a twin room might have to pay. Please note that the standard and location of single rooms is not always comparable to that of twin/double rooms, even when you pay the single supplement.
On safari, excursions and touring holidays single rooms cannot always be guaranteed. Supplements paid will be refunded if a single room previously confirmed is not available.
I) Why are single travellers asked to pay more for their room?
If a single person occupies a double room they will usually be asked to pay extra (a single supplement). Hotels price their rooms, as doubles or family rooms and they do not reduce the rates if it is occupied by a single person. The costs to the hotel of providing the room – heating, lighting, cleaning etc. are the same regardless of how many people occupy that room. This also applies to self-catering units where, for example, three people may choose to occupy accommodation priced for four.
II) Why are single rooms sometimes smaller than doubles or family rooms?
Hotel design may mean that single rooms are smaller and sometimes less well appointed. While there is normally a supplement for these rooms, the overall cost will usually be less than when a single person occupies a double room. We do not make additional or excessive profits from these supplements. The prices we charge reflect the costs of under occupancy of the rooms contracted to us by the hotel.
1.5 Twin or Double Rooms
Accommodation in all hotels, regardless of the rating, is in standard rooms (sometimes named superior/deluxe) based on twins or doubles unless otherwise stated.
1.6 Triple/Quad Rooms
A third or fourth person sharing a room either shares existing beds or has an extra bed (which may be of camp-bed style) placed in a double/twin room. As conditions may be cramped you may wish to consider booking two rooms.
1.7 Travelling with Children
If you are travelling with young children, it is important to note that child seats are not provided for transfers and the legislation varies from country to country. If you specifically require a car seat, we advise you to either take your own with you, or call our Sales team, and we will do our utmost to try and arrange this for you - there may well be an additional charge for this.
1.8 Free child accommodation stays
Where we offer 'free child accommodation stays' at many of our hotels, these are generally based on sharing existing beds in the room. If you require a separate bed, you must advise us at the time of booking, as there may well be a charge added to your booking, or this charge may be payable locally. Any meal plan charges will still apply.
1.9 Minimum Stays
Minimum stays are required at certain hotels for certain periods. Where applicable these will be advised at time of booking.
1.10 Booking A Room for Early Arrival or Late Departure
Generally, hotel rooms will be available between approximately noon and 3pm, and are to be vacated between 10 am and noon, irrespective of your arrival or departure times, unless we have stated otherwise. Should you wish your room to be ready prior to noon on your day of arrival or available after 10 am for an afternoon or evening departure, it is possible to reserve the room at the time of booking at a cost no greater than the extra night price quoted on the brochure page.
1.11 Children on Holiday
Offers are subject to availability of triple or quad rooms. Infants under the age of 2 years on the date of return flight pay from £45 for European flights, £199 for long-haul flights and £249 for Australia/New Zealand flights when travelling in economy. Please note meals are not provided for infants. Infant charges are based on an infant sitting on an adult’s lap and additional charges will apply for infants requiring their own seat. Any charge for a baby cot in the room and food are paid by the guest direct to the hotel and there is no entitlement to a separate seat on the aircraft if the flight is full. International airline regulations allow only one infant per adult. We do not allow holidays for children under 10 on escorted tours, coach tours or on safari (unless in private minibus). Some destinations, owing to their lack of special child or medical facilities are also not suitable for very young children but we would be happy to advise which hotels or resorts we think suit your requirements best. See the relevant price box where any specific minimum age restrictions are given.
1.12 Under 18's Travelling Without Parents
Please note, under 18-year olds travelling without their parents or other adults, (including friends’ parents) will need to have written authority from their parents and translated where necessary, with both notarised. This is necessary for certain countries only and you should ensure that you check the specific requirements of the relevant country to which you are travelling, as you may be refused entry.
1.13 Public Holidays
Virtually all countries have public holidays, religious or otherwise. The festivities may temporarily disrupt your holiday and some religious holidays such as Ramadan, which affects many Muslim countries may result in a reduction of facilities and entertainment. Others are somewhat chaotic but great fun to be a part of. We suggest that you take this into consideration when selecting your departure date. The dates known to us at this time are:
2017 dates
Ramadan: 06 June 2017 (approx. for one month)
Chinese New Year: 08 February 2017
Hindu Holi Dye throwing feast (India & Nepal): 23 March 2017
Sinhala & Tamil New Year (Sri Lanka): 14 April 2017
Diwali (India): 30 October 2017
King’s birthday (Thailand): 05 December
The appropriate Tourist Offices are happy to supply more detailed information or you may wish to refer to the internet.
1.14 Local Festivals
Various events are organised in most towns throughout the season, and we therefore suggest that you thoroughly research your chosen area before booking.
1.15 Other Hotel Guests
Many hotels, especially in cities and major resorts, accommodate weddings, conventions and conferences. Also, at certain times of the year, some destinations have an influx of groups such as students, associations or clubs. The hotels we feature are shared with guests from many countries with different cultures and customs. We have no control over the acceptance of bookings at the hotels that we feature. We are therefore unable to accept responsibility for any inconvenience caused by such groups or their activities.
1.16 Holiday Seasons
Most of the destinations we feature are available all year round. Some do have quieter 'off peak' periods when you can take advantage of uncrowded beaches and a more personal attention from hotel staff at excellent prices. At this time, it may be necessary for hotels to scale down the size of some of their facilities, such as restaurants, to match demand. Similarly, during peak periods hotels experience full occupancy which may result in a livelier atmosphere and slower service in busier facilities.
1.17 Meals
i) Meals, if included, are based on table d’hôte menus or a meal voucher system, unless specified otherwise in the text. Holidays which include main meals generally commence with dinner on the day of arrival at your hotel and terminate with breakfast (on half board) or lunch (on full board) on the day of departure. All Inclusive packages generally finish at check-out time on your day of departure between 10am and noon. After this time, payment for any additional meals must be made direct to the hotel. No refunds on meals not taken can be given.
ii) Special diets of any kind (including vegetarian) can seldom be catered for adequately within the constraints of a table d’hôte menu and cannot be guaranteed. We would therefore strongly recommend that anyone with special requirements takes a holiday where no meals (or only breakfast) are included and simply buys the most acceptable dishes from the à la carte menu available locally.
iii) Where breakfast is included this will more commonly be continental breakfast, although full breakfasts are provided at certain hotels. Please ask at the time of booking if this is important to you.
v) Pre-booked meals may be subject to dining in the main restaurant only and on occasion it may be necessary to be seated with other hotel guests. If you have paid a half board supplement it may be possible in some hotels to ask for a credit from the table d’hôte dinner to be used against a meal in an à la carte restaurant. Please note that the value of the voucher will generally be considerably less than the half board supplement included in your holiday price.
1.17 Upgrading Your Flight
A long-haul flight is generally not a joyride when flying in economy class on scheduled or charter flights. Flights are often full, your choice of seats may not be available, and it may not be possible to obtain seats together. In many cases a choice of upgrade options may be available, to give you a more comfortable journey at a reasonable supplement.
1.18 Flight Seat Requests, Airlines & Aircraft
We strongly recommend (particularly if you are flying economy class), that you check in early if you have particular seat requests. Orus Travel has no control over the allocation of seats by the airline and even if a request has been made with the airline to pre-book seats, no guarantee can be made that they will still be available on departure. The provision of particular seats does not constitute a term of your contract with us. Please note airlines operate both older and more modern aircraft within their fleet. We regret we cannot guarantee the type of aircraft you will travel on as this may be subject to change and general availability. Although some airlines offer the facility to book seats online, this is not always possible when booking a holiday through us, as the holidays we offer are based on special Tour Operator fares.
In accordance with EU directive (EC) no. 2111/2005, we are required to bring to your attention the existence of a ‘Community List’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm.
1.19 Direct Flights
The flight routings used in connection with our holidays may be used on special fares which do not necessarily take the most direct route. Some itineraries require a change of aircraft en route. A flight that is described as direct is one where there is no need to change aircraft during the journey. However, stops may be made en route for refuelling or to let passengers on and/ or off. Details of any stops will be given on your itinerary wherever possible. However, should you require this information at an earlier stage, please check with your Travel Agent and/or our Sales staff at the time of booking, or our Helpdesk once the booking has been invoiced.
1.20 Code Share Flights
It is a common practice for scheduled airlines to use a code share system, which may include you flying with a partner airline. Where this situation arises, it is not classed as a major change.
1.21 Charter Flights
We provide these to destinations where there are usually no direct scheduled flights, and/or insufficient capacity on these services to meet demand. A charter flight is usually the cheapest and quickest way of reaching the particular destination. However, it should be noted that leg room is slightly less than in economy on some scheduled flights.
1.22 Smoking
The majority of airlines have introduced a total smoking ban on most or all of their flights and many hotels also now have a non-smoking policy in hotel rooms and public areas. Please ask at the time of booking if this information is important to you.
1.23 Special Requests
Where a special request e.g. diet, room location, twin or double-bedded room, a particular facility at a hotel, flight seat requests and/or particular meals etc. is an important factor in your choice of holiday, you must advise us when the booking is made. We are happy to pass your request on to the hotel, airline or other supplier but cannot guarantee that it will be accommodated. We will also pass on any dietary requests to airlines but we recommend that you check directly with the airline once your tickets have been issued. The provision of any special request does not constitute a term of your contract with us. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you.
1.24 If You Have a Disability or Medical Condition Which May Affect Your Holiday
If you have any medical condition or disability which may affect your holiday or any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any significant change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed.
1.25 Excursion/Meal Packages
Excursion or meal packages which are offered are not always cheaper than buying the same arrangements locally. It is often the case that these packages are offered for the convenience of being both booked and paid for in the UK. The cost of any unused tours within excursion packages may not be refunded.
1.26 Local Purchases
We cannot accept responsibility for any items you may purchase locally ie: jewellery/furniture etc. and the quality and value of such cannot be guaranteed. We recommend that you check whether or not any extra charges will be payable for import duty or freight and we are unable to assist with any costs you may incur in this respect.
1.27 Group Transfers
Our holidays include group transfers from airports/hotels and vice versa unless otherwise stated on the appropriate pages or your documentation. A group transfer is generally a shared transfer and the type of vehicle used will normally be dependent upon the size of the group, with stops being made en-route to drop off/pick up other clients. The duration of your transfer will be dependent upon the individual arrangements required. Alternatively, in many destinations, we offer the choice of upgrading to your own private transfer at the appropriate cost. Please note some transfer arrangements may require reconfirmation locally.
1.28 Weather
World weather is becoming more erratic and unpredictable and we cannot be held responsible for disruption to your holiday due to bad or unusual weather conditions.
1.29 Our Staff
We pride ourselves on the quality and friendly professionalism of our staff. In our search to continually try and improve our level of service, we are committed to on-going training, part of which involves the recording of phone calls.
1.30 Late Bookings & Special Offers
Please note that many of the hotels and tours included in our late bookings and/or special offers are also featured in our other main brochures/website. Any offers/facilities detailed therein are not applicable to late bookings or special offers unless otherwise stated.
Booking & paying for your holiday
2.1 Your Commitment to Us
When you or your Travel Agent wish to confirm a holiday booking you must pay a deposit of either £175 per person or 10% of the holiday cost, whichever is the greater, or any higher deposit which applies to your holiday (such as for cruise, where a deposit of 20% applies). The deposit will only be refundable as set out in these booking conditions. Please note some airlines have certain ticketing deadlines and some hotels have certain booking and cancellation conditions and these may affect any cancellation charges – please refer to 3.3 - Cancelling your holiday. When you make a booking, the lead name confirms that you understand and have accepted these booking conditions and our Important Holiday Information which forms our booking conditions. We reserve the right in our absolute discretion to refuse to accept any booking without necessarily specifying a reason. Many airlines now require the full name of all passengers travelling. We will therefore ask you at the time of booking to provide us with your first forename (as shown in your passport) as well as your title and surname. When booking your holiday, if you wish to make a modification to a holiday we will try to assist. Should you wish to change to an alternative featured hotel, this will be charged at the difference in published price, as long as Orus Travel holds the space required. Additional services will be quoted for upon request. Should you wish to extend your holiday by making your own private arrangements, this can usually be done subject to an administrative charge of £3 per person per night. Prices for accommodation only bookings can be quoted on request. We accept various methods of payment, however please note that if you choose to pay by credit card, there will be a charge levied. You can of course opt for an alternative method of payment i.e.: cheque or by debit card.
2.2 Our Commitment to You
We will arrange to provide you with the various services which form part of the holiday you book with us. Before your booking is confirmed and a contract comes into existence, we reserve the right to increase or decrease, and correct errors in advertised prices and to change any of the information. Changes will be made known to you at the time of booking. The prices we advertise are based on specially negotiated airfares to be booked in a specific airline booking class. At the time of booking, if there is a lack of availability in the specified class on any particular flight, we will endeavour to secure seats for you in an alternative economy class and you will be told the amount of the applicable flight supplement / higher deposit before you book.
A booking is not accepted until we issue an invoice. The date shown on the invoice, which will be sent to you or your Travel Agent is the date of booking. It is important to check the details on the invoice when you get it. If any details appear to be incorrect or incomplete, please contact us or your Travel Agent immediately as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracy (for which we are responsible) in any document within 10 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. Once your booking is confirmed, you will be given a reference number. Your booking reference is also used as your unique password. It is important that you do not give your reference number to anyone or it will allow access to view, amend or cancel your booking via our website.
2.3 Out of Date Range Flights
Our brochures are prepared well in advance and scheduled airlines will generally not have loaded their seats to sell until approximately 10 months before the departure. Should this apply, we will inform you at the time of booking and calculate the price in anticipation that seats will be available in the specific airline booking class to which our specially negotiated airfares apply.
We will issue an invoice recording the arrangements reserved for you and will take a deposit. A contract between us will then come into existence on the basis that the price payable will be that applicable when the airline releases the seats and the timings and other flight details will be those confirmed at that time which may be different to those advised at the time of booking. When the airline seats become available to book we will tell you the price and other flight details and give you 7 days to tell us whether you wish to continue with the booking on the basis of the confirmed price and other details or cancel and receive a full refund. If you wish to continue with the booking, we will issue a revised invoice. In the event that flight seats do not become available, you will receive a full refund of your deposit. We will have no other liability and will not be responsible for refunding the cost of any services booked in conjunction with the flights.
2.4 Peak Season Supplements
During peak periods such as Christmas and Easter when demand outstrips the supply of airline seats and accommodation, you may find that supplements are added to the cost of your holiday. The supplements may be for certain holiday departures and/or accommodation on specific dates. They do not necessarily indicate that additional services such as Gala dinners will be provided. The cost of these supplements will be quoted to you at the time of booking.
2.5 ’From Prices’
Orus Travel offers you the flexibility to create your own holiday from the range of accommodation and services available. Because of the wide choice, it is not possible to list every price on every date. A ‘from’ price is indicative of the lowest price available for the hotel or itinerary featured but this may vary depending on a number of factors such as your date of travel and choice of accommodation. To help you in choosing a holiday which is tailor made by us to your requirements, please call our Sales team, or visit your travel agent or our website for further information about services and prices. We will be happy to provide you with an up to date quote.
2.6 Paying for Your Holiday
After your booking is taken and a deposit received, a confirmation invoice will be sent to you detailing the total cost due. Full payment must be received not less than 61 days (or 91 days where you book a cruise) before departure. If we or your travel agent have not received full payment at least 61 days (or 91 days for a cruise booking) before departure, we reserve the right to treat your booking as cancelled by you and forfeit your deposit by way of cancellation charges. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in 3.3 depending on the date we reasonably treat your booking as cancelled. If you make a holiday booking within 61 days (91 days for a cruise) of your departure date, then you must pay the full cost of the holiday at the booking stage. All money paid by you to one of our authorised travel agents for your holiday will be held by the agent on our behalf until paid to us.
2.7 Pricing Errors
Whilst we make every effort to ensure the accuracy of the pricing information provided, regrettably errors may occasionally occur. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake), within 7 days of the time of booking or as soon as reasonably possible. If a booking is already in place, you will have the choice to continue with the chosen itinerary at the corrected price or amend to a different holiday. We reserve the right to cancel the booking if you do not wish to accept the price that applies to your holiday or any quoted alternatives.
2.8 Overlapping Price Panels
Holidays which do not fall completely within the date bands specified in the price box may be subject to a reduction or increase. The exact cost of your holiday will be confirmed to you at the time of booking.
2.9 Insurance
It is important that you have insurance cover and that it is adequate and suitable for your particular needs. If you fail to take out insurance and have to cancel your booking, you will be charged in accordance with our normal terms and conditions – see 3.3 – Cancelling your holiday. Furthermore, if you require medical/any other form of assistance whilst on holiday you will not be covered and you in turn may incur significant costs. Please read your policy details carefully and take them with you on holiday.
2.10 Travel Information & Documents
After booking you will receive an invoice with important information relevant to your destination. We strongly recommend that you check the details carefully and read all of the information provided. Please ensure that you check your flight timings carefully on your tickets. The correct timings, using the 24-hour clock, may have been adjusted since you received your invoice.
If you want to change or cancel your holiday
3.1 Changes or Additions to Your Holiday
If you want to change any part of your holiday arrangements after the invoice has been issued, we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the person who made the original booking, or his or her travel agent. If it is possible to make the change, it will be subject to an administration charge of £50 per booking, and payment of any further costs incurred as a result of the change. If we agree that you may change your booking to a holiday of lower value, and then you cancel that holiday, we reserve the right to levy cancellation charges on the value of the original booking. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare. Please note that save for the transfer of a booking (see below), or the addition of any offers made by Orus Travel which were not requested at the time of booking, it will not be possible to make changes within 30 days of your scheduled departure date.
3.2 Transferring Bookings
If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or other significant reason, we will agree to that person’s booking being transferred to another person (introduced by you) who satisfies all the conditions applicable to the package, subject to both persons accepting liability for full payment of the holiday cost and all costs and charges incurred by us and/or incurred or imposed by any of our suppliers in order to make the transfer. We must be given at least 14 days’ notice of the transfer request. An administration charge will be made of £50 per person for requests made more than 61 days (91 days for a cruise) before departure, and £100 per person within 61 days (91 days for a cruise) before departure. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight. If you request to change all names on a booking, this will be considered as a cancellation and new booking and full cancellation charges will apply.
3.3 Cancelling Your Holiday
If you or anyone on your holiday booking decides to cancel the holiday, the lead name must notify us of the decision as soon as possible. Any notification by telephone must also be confirmed in writing or by e-mail within 24-hours by the lead name. Cancellation will take effect from the day we are notified provided that written confirmation is received by us within 24-hours of the original notification.
A cancellation invoice will be sent to you or your travel agent within 7 days, if you do not receive this please contact us immediately in order to prevent an increase in charges. You may also check your booking has been cancelled on our web-site, www.kuoni.co.uk. Should you already be in receipt of your airline tickets please also return these to us along with your cancellation request. The following scale of charges will be payable depending on when the notification of cancellation is received. Insurance premiums and amendment charges are not refundable in the event of cancellation. References to the deposit include all sums paid or payable at the time of booking.
Period prior to departure notice of cancellation is received by us or your travel agent |
Cancellation charge per person cancelling |
Prior to 61 days: |
loss of deposit (91 days if your booking includes a cruise) |
60 – 42 days: |
50% of total holiday cost (91 – 42 days if your booking includes a cruise) |
41 – 33 days: |
60% of total holiday cost |
32 – 15 days: |
90% of total holiday cost |
14 days or less: |
100% of total holiday cost |
NB in certain cases the airline may have applied certain ticketing deadlines to your booking and this may result in higher cancellation charges. This also applies to certain hotels, who may often charge a higher cancellation fee regardless of the above-mentioned timeframes, and you may therefore be charged a higher amount than detailed above. It is therefore important to enquire for details at the time of booking and cancellation.
We would strongly recommend that you take out appropriate travel insurance which provides cover against loss of deposit or cancellation fees. If you have taken advantage of an airline offer and paid a higher deposit, the cancellation charge payable by you will be the higher of this deposit or the appropriate cancellation charge detailed above.
If we want to change or cancel your holiday
4.1 Website Accuracy
We rigorously check the information about accommodation, resorts, itineraries etc., to ensure it is correct to the best of our knowledge. Advertised web copy descriptions and facilities may change before and after you book. Please check the up to date position at the time of booking. Please bear in mind that hoteliers, restaurateurs, night club owners etc., may wish to maintain or improve their facilities, or even take a break themselves. Flight times, carriers and routes in the brochure are given for guidance only as there may be changes. Final details will be shown on your tickets. Tour, excursion, cruise or safari itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, time of year or other situations beyond our control etc., may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long-term changes we will always endeavour to advise you prior to your departure.
4.2 Building & Development Work
Many hotels and resorts are continuing to develop, sometimes rapidly and intensively and often with little or no advance warning. Whilst we have no control over such work, as a responsible tour operator, it is important to us that you are aware of any significant building/refurbishment work that may be going on during your stay. General refurbishment at hotels is necessary to maintain standards but if we are informed of such work where this can reasonably be expected to have an effect on your holiday, we will endeavour to notify you of it as soon as possible, however near to your departure this may be.
4.3 Flight Changes
Any flight timings and routings shown on our website, within our brochures and/or detailed within your confirmation invoice are for guidance only and may be subject to change. They are set by airlines and are determined by various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time. Any changes to such arrangements are outside of our control.
Airlines occasionally may change the type of aircraft used on a particular flight without advance warning. Scheduled and charter flight timings, and days of operation are subject to change. We will advise you of any significant changes. Minor timing changes will be shown on the flight tickets, which you should check carefully when received. Should the changes involve a reduction in the duration of your holiday, we will offer you a refund of any applicable costs. Any change in the identity of the airline, flight timings and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
4.4 If We Change or Cancel Your Holiday Before Your Departure
We hope and expect to be able to provide you with all the services we have confirmed to you at the time of booking.
We plan arrangements a long time in advance of your holiday using independent suppliers such as airlines, hotels etc., over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, occasionally, changes are significant.
A significant change includes a change of accommodation to that of a lower category and/or price for the whole or a major part of your time away, a change of flight time of more than 12 hours, a change of UK departure airport (except between London airports), or a significant change of resort area. Similarly, we do our best to avoid cancelling holidays but we must reserve the right to do so. However, we promise we will only cancel your confirmed booking after you have made full payment where we are forced to do so as a result of ‘force majeure’ as defined below or lack of minimum numbers. Please note, some of our holidays require a minimum number of participants to enable us to operate them. If the minimum number of bookings required for a particular holiday has not been received, we are entitled to cancel it. We will notify you or your travel agent of cancellation for this reason no later than 61 days prior to departure.
If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options: -
• (a) (for significant changes) accepting the changed arrangements; or • (b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other than available holidays. You must pay the applicable price of any such holiday. This will mean you’re paying more if it is more expensive or receiving a refund if it is cheaper; or • (c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
If we have to make a significant change or cancel we will, where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above-mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached (see above). No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one. A change of flight time of less than 12 hours, airline (except where otherwise stated), type of aircraft (if advised) or destination airport will all be treated as minor changes.
NB: Please be advised that compensation in the event of any significant change to your cruise arrangements, will be made as future credit towards another cruise, rather than a cash value.
4.5 Changes Due to Circumstances Beyond Our Control
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of "force majeure". In these booking conditions, "force majeure" means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, fire and other situations which are outside our control.
4.6 Cruise Bookings and Out of Date Range Flights/Accommodation
Where you make your cruise booking well in advance of departure, it may not be possible at that time to book the flights, accommodation and/or other services you have requested as they are not then available. Where you ask us to do so, we will confirm any such services subject to availability and the applicable price when they are available to book. If these services cannot subsequently be booked as requested or you are not prepared to pay the applicable price, you may cancel them and receive a refund of the amount you have paid in respect of these services. Cancellation or non-availability of these services does not, however, entitle you to cancel your cruise or any other confirmed element of your booking without paying the applicable cancellation charges.
4.7 If We Change Your Holiday Accommodation
We do not control the day to day management of your accommodation, and in exceptional cases it is possible that we may be advised that the reserved accommodation has been overbooked or your accommodation may have to be changed for other reasons. If this happens before your departure or on arrival in resort, we will endeavour to provide accommodation of at least the same standard in the same resort area. If only accommodation of a lower standard is available we will refund the difference between the accommodation booked and that available, and will pay up to £50 per person for any inconvenience.
4.8 If We Curtail Your Holiday After Departure
Very rarely, we may be forced by "force majeure" (see 4.6) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result. Please ensure you have adequate travel insurance in place to cover any such eventuality.
4.9 Minimum Numbers
Price boxes on relevant pages will indicate whether a particular holiday is subject to a minimum number of participants for its operation. Please contact us at the time of booking should you require details regarding the number of people on your tour. We will advise you at least 61 days before departure if minimum numbers have not been reached and as a direct result your tour has to be cancelled.
4.10 Tours
Whilst every effort is made to operate a tour as advertised, on occasion it may be necessary to make changes to the accommodation, the routing or order of an itinerary. Unless the change significantly alters the holiday, compensation will not be payable for minor alterations to the itinerary or nightly accommodation.
On holiday
5.1 Flight Delays
In the event of a flight being delayed, we will arrange for the following to be provided, whenever practical, and subject to the airport being able to cater for this: - over 4 hours, an appropriate meal, and for delays of at least 8 hours extending beyond midnight, overnight accommodation will be provided wherever possible. However, this will depend on such factors as the expected length of delay, local availability of accommodation, immigration rulings etc. Where long flight delays result in lost holiday time, no refunds are given by hotels for unused accommodation, as rooms are held for delayed arrivals, not re-let.
5.2 Water/Electricity Supplies
In many of the less sophisticated destinations we feature, the water and electricity services struggle to keep up with the increased demands from tourism. Limited rainfall can put further pressure on their provision. Hotels do everything possible to maintain full services. However, occasional power cuts and/or water restrictions may be experienced.
5.3 Accommodation in The Tropics
In many hotels, especially beach resorts ‘insects’ in the rooms (e.g. cockroaches etc.) are almost inevitable. It should by no means be taken as a sign of dirtiness, as it is simply a fact of life in these destinations. Views from some hotel rooms may be partly obscured by palm trees and other vegetation that can grow very quickly in tropical climates.
5.4 Water sports & Other Activities
Many hotels offer water sports and other sporting activities; in some cases, these may be free of charge. Please note that in the interest of your personal safety, the operators of these activities may require that you demonstrate your competence (for example a swimming test) prior to commencement and reserve the right to refuse participation for any reason if they feel this may compromise your or another guest’s safety. Please note there may be certain age restrictions for children/adults to do certain activities so please ensure you enquire locally.
5.5 Behaviour
Most people go on holiday for rest and relaxation, so if in our reasonable opinion or in the opinion of any airline pilot, hotel manager, tour leader or other person in authority, your behaviour is causing or is likely to cause danger, upset or damage to property or is persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid and we will have no further responsibility for your holiday arrangements including return travel.
5.6 Personal Belongings and Lost Items
For security reasons valuables should be kept to a minimum and packed in your hand luggage along with your medicines, camera, film, electrical or battery-operated appliances, as well as basic essentials such as a change of clothing and toiletries. It can be easy to lose items but it is your responsibility to look after your property at all times and you must ensure you are adequately covered by comprehensive insurance. If you lose any personal items whilst on holiday, please obtain a written report from a local representative, or police, to help with any insurance claim upon your return.
5.7 If You Have a Complaint While You Are On Holiday
If you have cause for complaint whilst on holiday, you must bring it to the attention of our local representative or agent and the hotel immediately and they will do their best to rectify the situation. If matters remain unresolved, your concerns must be brought to the attention of the Orus Travel Duty Officer (see 5.8). It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon your 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.
5.8 Orus Travel Duty Officer
Orus Travel offers 24-hour assistance for emergency situations and to help resolve any issues while you are on holiday. The number provided on your itinerary is a pager service and our Duty Officer will return your call. Many destinations have local representation and they should be contacted in the first instance should you have a problem.
5.9 Conservation
It is becoming ever more important to conserve the world’s natural resources, its landscapes, flora and fauna. Someone coined the phrase ‘Take only photographs; leave only footprints’ and a number of countries now use this to promote conservation. It would be hard to improve on this statement.
5.10 Maldives Conservation
The changes in season, wind direction and tides in The Maldives can cause the islands’ shape and beach width to change. It is becoming increasingly necessary for some islands to use sandbags and sand pumping procedures on their beaches, in order to minimize the effects of such beach erosion. Whilst such activity is most prominent in The Maldives, other tropical locations may also be affected.
5.11 Our Commitment to You for Your Holiday Arrangements
(a) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. Please note that EU law only applies to flights from EU airports or flights to EU airports from outside the EU or an EU airline. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(b) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
- 'force majeure' as defined in 4.5
(c) For claims which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is twice the price, the person affected, paid for their holiday (not including insurance premiums and amendment charges). We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday. Where enjoyment of only some days has been affected, we will refund reasonable related expenses and pay a daily sum of compensation up to £50 per day per person affected.
(d) Subject to (b) above, if you are killed, injured or become ill during or as a result of, carriage (including the process of getting on and/or off the transport concerned) by aircraft, ship or train forming part of the holiday arrangements booked before departure from the UK and to which any international convention or regulation applies, our liability to pay compensation and/or the amount of compensation we will pay is limited.
The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamend and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea and COTIF, the Convention on International Travel by Rail). Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(e) Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, downgrades, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the CAA on 020 7240 6061 www.caa.co.uk
(f) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(g) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the arrangements in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to (a). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(h) Our suppliers (such as airlines, accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider’s or other supplier’s liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier.
(i) If we make any payment to you or any member of your party for death, personal injury or illness, you must agree to transfer to us or our insurers any rights you may have to take direct action against the person or organisation responsible for causing the death, personal injury or illness and you must co-operate fully with us in seeking recovery of any payment that we make.
(j) Operational decisions may be taken by air carriers and airports resulting in delays, diversions, overbookings, downgrades or rescheduling. Orus Travel has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of force majeure we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You should have adequate travel insurance for your holiday and claim via your insurance company for any loss or damage to luggage and/or personal possessions.
In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to in (d) where applicable.
(k) Whilst you are away on holiday you may be offered the opportunity to buy optional excursions and activities. These are provided by independent local companies, which are neither owned nor controlled by Orus Travel, and for whom Orus Travel acts only as an agent (if we make a booking for you). If you decide to buy an excursion or activity, your contract will be made with the local company which provides it and it will not form part of your contracted holiday arrangements with us. The contract will be subject to the excursion/activity provider’s terms and conditions, some of which may exclude or limit its liability to you, and will be governed by local law and jurisdiction. Orus Travel accepts no liability for any breach of contract or act or omission of any excursion/activity provider. Some excursions/activities may contain an element of risk or require a good level of physical fitness, and, if in doubt, you should make direct enquiries with the local provider, before deciding to buy and check that you are covered by your travel insurance policy.
5.12 Representative Services
Please note we do not have representative services available in all the destinations we feature and therefore you will not necessarily be met on arrival. Please ensure you refer to your itinerary which will provide the appropriate contact details should you need assistance whilst on holiday.
5.13 Curtailment
If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for the remainder of your holiday not completed, or assist with any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
5.14 Volunteering Holidays
The volunteering element of your holiday involves working and, where applicable, staying in locations which tourists do not usually visit. These locations are often remote and the conditions for the people who live there are generally basic. Volunteering is not a conventional holiday activity and the organisations with whom we work do not provide services for tourists. Whilst we will endeavour to carry out certain health and safety checks on any accommodation you are intended to stay in, these checks will be limited. We do not carry out health and safety checks on the other elements of your volunteering experience as it is not practical for us to do so. We make no representations or promises as to the conditions you will encounter during your volunteering experience or that there will be compliance with any minimum standards of health, safety or hygiene. You must therefore exercise caution and take all appropriate steps to protect yourself against the risks involved.
On return from your holiday
6.1 Questionnaire
Your feedback is really important to us. At the end of your holiday, you may be given a questionnaire to fill in as we would like to know if you have had a great time or if you think the hotel or service has not been up to scratch. If you misplace this, or are not provided with a paper version, you can complete the questionnaire online by visiting: www.orustravel.com/survey. As a gesture of thanks, you will be entered into our prize draw to win a luxurious 7-night holiday for two.
6.2 If You Had a Problem
If a problem remains unresolved during your holiday, you should make a complaint in writing to Orus Travel within 28 days of the completion of the holiday. Please remember to quote your holiday booking number and daytime telephone number. We will reply to you within 28 days of receipt of your letter.
6.3 Law & Jurisdiction
We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description (hereinafter referred to as “claim”) which arises between us (except as set out below) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
Data Protection Policy
For the purposes of the Data Protection Act 1998, we are a data controller. In order to process your booking, send you a brochure or respond to an enquiry, we need to collect personal data from you. Depending on what’s required, the personal data we collect may include names and contact details, credit/ debit card or other payment information and special requirements such as those relating to any disability or medical condition which may affect holiday arrangements and any dietary restrictions which may disclose your religious beliefs (“sensitive personal data”). All references in this privacy policy to personal data include sensitive personal data unless otherwise stated. The person who makes the booking is responsible for ensuring that other members of your party are aware of our booking conditions and this privacy policy and that they consent to your acting on their behalf in your dealings with us.
Appropriate personal data will be passed on to the relevant suppliers of your arrangements and any other third party (including banks and/or credit card issuers) who need to know it so that your holiday can be provided. The information may also be provided to government / public authorities such as customs, immigration and the security services if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. We may disclose personal data to companies in the Orus Travel Group for business purposes and to companies who act as data processors on our behalf. On occasions, we may use other companies to provide services on our behalf, such as mailing brochures and marketing material. We only provide third parties with the personal data they require in order to deliver their services. Other than in relation to government / public authorities (over whom we have no control), we will take appropriate steps which are intended to ensure that anyone to whom we pass your personal data for any reason agrees to keep it secure and only uses it for the purposes of providing their services. If we cannot pass personal data to the relevant suppliers or any other third party as applicable, whether in the EEA or not, we will be unable to fulfil your booking. In making your booking, you consent to personal data being passed on to the relevant suppliers and other third parties. We take appropriate technical and organisational measures which are intended to prevent unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data.
Your personal data may be stored, used and otherwise processed within the UK and/or any other country(ies) of the European Economic Area (EEA). EEA countries are all member states of the European Union together with Norway, Iceland and Liechtenstein. We may also store, use or otherwise process personal data outside the EEA. Data protection laws may not be as strong outside the EEA as they are in the EEA. Personal data will not be transferred to a country outside the EEA unless (1) the country to which it is transferred is one which the European Commission considers to provide an adequate level of data protection or (2) the personal data is transferred to a United States company which has signed up to the Safe Harbour scheme or (3) the personal data is transferred to a company which is required by our contract with them only to deal with the data in accordance with our instructions and to maintain appropriate security to protect the personal data which we are satisfied they have or (4) we are obliged to provide the personal data to a government / public authority in order to provide your holiday.
You are generally entitled to ask us what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. Please identify any such enquiry as a Subject Access Request under the Data Protection Act 1998 and direct your enquiry to a member of our Customer Services team. Please be advised that we will charge a fee to respond to such a request.
We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances, we are entitled to refuse your request. If you believe that any of your personal data which we are processing is incorrect, please contact us immediately.
Weather & Tidal Conditions
Information is supplied by the Meteorological Office, local tourist offices and other sources and is given as a guide only. Our Sales team is happy to advise on weather trends as many of the destinations featured in this brochure have a tropical climate where heavy rainfall and strong winds (sometimes hurricane force) do occur at certain times of the year, however world weather patterns are now becoming more and more erratic resulting in unusual rainfall, storms and even floods. During monsoon season, you are likely to get more rain than sunshine. Most people go on holiday to spend time in the sunshine and although adverse weather conditions can be very frustrating Orus Travel cannot assume any responsibility for the statistical information provided opposite, nor accept liability to make refunds or pay compensation for alternative arrangements, damage to property or curtailed holidays as a result of such conditions.
Health, Safety & Security Abroad
We take the safety and security of our clients extremely seriously.
Health & Vaccinations
Health facilities, hygiene and disease risk vary worldwide. You should take health advice about your specific needs as early as possible and ensure that vaccinations or preventative measures such as malaria tablets are taken early enough (which may be a month or more prior to departure) to be fully effective by the date of travel. It is your responsibility to ensure you are aware of all recommended and required vaccination and health precautions in good time before departure. Details are available from your GP surgery and from the National Travel Health Network and Centre www.nathnac.org Sources of information include the Department of Health free leaflet ‘Health advice for travellers’ (available on request Tel. 0207 210 4850), your specialist travel clinic).
Passports & Visas
We can only advise of the requirements for British and Irish citizens holding a full passport British and Irish passport endorsed in any way and all other passport holders, requirements should be checked with the relevant embassy. You should ensure that you have a valid ten-year passport and, as many countries require expiry dates on passports to be a considerable length of time after the return from holiday, we would recommend that your passport is valid for 6 months after return to the UK. All children are required to travel on their own passports. Requirements may change and you must check the up to date position in good time before departure. A full British passport presently takes approximately 2 to 6 weeks to obtain. If you or any member of your party is 16 or over and haven’t yet got a passport, you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this.
USA Entry Requirements
The US Government have strict entry regulations which must be adhered to. Please note if you or your dependants do not have the appropriate personal documentation the US Customs will not allow entry. Please see some guidelines below and for full advice visit the US Embassy website on london.usembassy.gov or phone 0906 8200 290.
All passports must be valid, machine readable with a digital photograph or an e-passport with an electronic chip. You can check the validity of your passport on the useful link on the US Embassy website. A passport indicating that the bearer is a British subject, British dependant territories citizen, British overseas citizen, British National Citizen or British Protected Person does not qualify for travel without a visa or someone who has indefinite leave to remain in the UK. NB: Some passports issued by British Consular posts abroad may not be machine readable – please check with the UK Passport Service on 0870 521 0410 or www.passport.gov.uk for further information.
-The US Govt requires advance passenger information detailing their country of residence, as well as postal address of the first hotel where you will be staying in the US, which can be found on the contacts page of your final itinerary. This information will be collected by the airline upon check-in and will also be required on the Visa Waiver form on the aircraft.
-Finger scanning and Facial recognition is a standard security process for all travellers to the US on arrival.
-British Citizens holding a UK passport can enter under visa waiver program and do not require a visa prior to travel providing:
• Duration of stay is no more than 90 days and the traveller has a valid onward or return ticket.
• Travel is for business, tourism or transit only.
• Traveller is not a journalist or seeking employment.
• Traveller has never been arrested, refused entry or deported from the US or previously violated the terms of admission under the visa waiver program.
ESTA Electronic Travel Authorisation
It is compulsory for all British Citizen passport holders to obtain an electronic travel authorisation prior to boarding a carrier to travel by air or sea to the US under the visa waiver program and also includes passengers in transit to/from the US. Applications can be submitted anytime however we recommend no later than 72 hours prior to travel. For further information and to apply online visit https://esta.cbp.dhs.gov
This does NOT however include British Subjects, British Dependent Territories Citizens, British Overseas Citizens, British National Overseas Citizens and British Protected Persons passport holder who must have full visas if they want to travel to the US and should contact the US embassy for more information.
Canadian Entry Requirements
If you have committed or been convicted of a criminal offence including driving whilst impaired, you may be prohibited from entering Canada.
Visa
Residents outside the UK, non-British passport holders and late booking passengers should check urgently with the embassy direct as it may not be possible to obtain the visa in time prior to arrival.
Flying Times
The times given are approximate and based on outbound flights. They may vary depending on flight schedules, type of aircraft, weather conditions etc., and are indications of the hours spent actually flying (excluding time on the ground during stops en route or when changing aircraft). Where no figures are shown, we do not offer direct or same-day connecting flights.
Holiday Insurance
This is a vital part of any holiday so please ensure you take out adequate travel insurance with full cancellation cover.
Accuracy of information on website, prices and availability
Pricing Terms and Condition
The holiday and flight prices we publish on our website can change at any point up to payment being made and the booking confirmed. Prices and offers shown on our deals pages are not ‘live’ but are updated regularly. When you make a search on our website for a specific holiday or flight our website will then check the live availability and price with our suppliers, therefore please allow for changes to occur before your final price is confirmed. All prices and holidays are subject to availability. Selected airlines may apply fuel supplements due to increased fuel costs. The prices we advertise will include these costs but they may appear separately on your booking.
Pricing Errors
Whilst we make every effort to ensure the accuracy of the pricing information provided, regrettably errors may occasionally occur. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake), within 7 days of the time of booking or as soon as reasonably possible. If a booking is already in place, you will have the choice to continue with the chosen itinerary at the corrected price or amend to a different holiday. We reserve the right to cancel the booking if you do not wish to accept the price that applies to your holiday or any quoted alternatives.
Overlapping Price Panels
Holidays which do not fall completely within the date bands specified in the price box may be subject to a reduction or increase. The exact cost of your holiday will be confirmed to you at the time of booking.
Any information you provide us or we reasonably ask for in relation to this Agreement and that any information you give us is factually correct and up-to-date.
If you believe that any information we are holding on you is incorrect or incomplete, please email us at contact@orustravel.com as soon as possible. We will promptly correct any information found to be incorrect.
You should print a copy of this Agreement for future reference.