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THE
ORIENTAL CARAVAN
– BOOKING
CONDITIONS
The Oriental Caravan (hereafter "the company")
accepts bookings subject to the following conditions:
1. TOUR
CONTRACT…
You must send the company a signed booking form, the person
who signs doing so for all individuals included on the
form. The contract is between the company and the
person/s intending to travel/travelling on
ground-arrangements offered by the company. The
services that we agree to supply are those that appear
on your confirmation invoice. You must check that this
is accurate. Special requests not included on the
confirmation invoice do
not make up part of the contract.
This contract and all matters arising from it
are subject to English law and the sole jurisdiction
of the English Courts.
2. Secure your booking
and payments…
A
non-refundable deposit of 10% of the tour price (or £100,
whichever is the greater) must be sent with the signed
booking form. If for any particular tour a higher
deposit is required this will be outlined in the tour
information. Acceptance of the booking will be made in
writing by the company, at which point a contract
comes into existence. The balance of the tour price is
due 60 days before departure, and should this payment
not arrive the company reserves the right to treat the
booking as cancelled, with normal cancellation
conditions applying. Should the booking be made within
60 days of the departure date then the full payment is
required on booking.
3. To change your
booking…
Should
you need to change your departure date or tour, this
can be done subject to availability, for a set fee of
£25 so long as it is more than 60 days before departure. Within 60 days the
amendment charge will be £50 + any non-refundable
costs incurred from cancellation of your original
arrangements. This charge is to cover the costs we
incur in the changing of travel arrangements with the
overseas operator, hotels and other services.
4. To cancel your
booking…
Any
cancellations by you must be made in writing. The date
on which the company receives the letter will
determine the cancellation conditions that apply.
a.
60 and more days before departure:
retention of the deposit
b. 59-43 days before departure:
30% of total tour cost
c. 42-29 days before departure:
50% of total tour cost
d. 28-15 days before departure:
90% of total tour cost
e. Less than 14 days before departure:
100% of total tour cost
We strongly advise that insurance is taken out that covers the
refund of monies paid should, for certain reasons, the
need arise for cancellation.
5. If you have a
complaint…
Should you
have a complaint while on holiday, you must notify
your guide, or the local operator, at the earliest
opportunity, so that they can do what they can to
immediately rectify it. Failure to do so will result
in the client's ability to claim compensation being
removed or at least reduced. If the problem is not
brought to the operator's attention they have no
opportunity to rectify it. If they are unable to do so
then you must notify the company in writing within 28
days of your return home in order to give the company
a reasonable opportunity to make inquiries of the
operator.
6. Travel documents and
health…
You must be
in possession of a valid passport and all the visas
and permits required for your tour. This includes any
medical certificates that are required. The client
accepts responsibility for obtaining all such
documentation. The company does not accept
responsibility if your documentation is not in order.
Information provided by the company about these
matters and other related items (clothing, baggage,
climate etc.) is given in good faith but without
responsibility on the part of the company.
7. Insurance…
Travel
insurance is compulsory for all clients whilst
travelling on a tour with the company. This insurance
must include adequate cover for personal accident,
medical expenses, injury, death and repatriation.
Insurance should also provide cover for cancellation
or curtailment of the holiday. Clients should also
ensure that there are no exclusion clauses limiting
protection for any dangerous or unusual activities
that might be included in their tour. If you join the
tour without adequate insurance you may be disallowed
from continuing on the tour without the right of
refund. Clients
are solely responsible for arranging their own
insurance and they should ensure that they are covered
for the full duration of their tour.
8. Tour Authority…
By signing
the booking form you agree to accept the authority of
the tour leader who is the representative of the
company. At all times the authority of your tour
leader will be final when concerning matters likely to
endanger your own health or safety or in regard to
behaviour or ill health that is causing or is likely
to cause danger, distress or disturbance to the group
and the well-being of the tour. In such circumstances
we reserve the right to terminate all travel
arrangements without liability on the part of the
company. You
must always comply with the local law, customs and
drug regulations of the country/ies you are visiting.
Failure to do so may lead to you being ordered to
leave the tour without recourse to any refund or any
legal claim against the company. In the case of ill
health the company and its operators can make those
arrangements that it sees fit and recover all monies
paid from the client. The person who signs the booking
form (which incorporates these conditions) warrants
that he/she does so, with full authority on behalf of
all those whose names appear thereon, and confirms
thereby that all such persons accept and are fully
aware of these conditions. No refund will be given for
unutilised services, however if we are able to obtain
a refund ourselves for these services we will
endeavour to pass these on to the client less
reasonable administration charges.
9. Pricing system…
All prices
for tours and land arrangements are quoted in UK
Sterling unless otherwise stated. The prices quoted on
the web site may vary week to week due to fluctuations
in the exchange rates. The company reserves the right
to impose surcharges on the tour cost to take account
of the following items: government action,
unfavourable changes in exchange rates, and
transportation costs. The company will absorb a sum
equal to 2% of the tour cost should a surcharge be
necessary except in the case of government taxes
imposed after price publication, insurance premiums,
and amended charges. The client will have to pay any
sum in excess of this 2% but if the surcharge results
in an increase of more than 10% of the tour cost
excluding insurance premiums, government taxes and
amended charges, the client may cancel the booking
within 7 days of notification of the surcharge and
obtain a full refund. Clients will be notified of any
price increase normally more than 4 weeks before
departure.
10. If we change or cancel a tour…
It is not our
intention to make changes to, or cancel, your tour
once we have accepted your booking. However, from time
to time it may be necessary and we reserve the right
to do so. The company reserves the right to cancel a
tour in any circumstances but, less than 60 days
before departure, will not normally do so except for
reasons of force majeure, consolidation or the failure
of the client to pay the final balance.
Consolidation refers to the fact that a minimum number of
bookings are needed to run each tour and if this
minimum number is not reached then the tour is likely
to be cancelled. Most changes are minor and in all
cases we will tell you, as soon as reasonably
possible, before the date on which you are due to
depart. Occasionally, we may need to make a major change. 'Major
changes' include changes of accommodation where the
new accommodation is of a lower
official
classification significant changes to the itinerary
and changes to the duration of the holiday. If we do
make any major changes, you must let us know as soon
as possible if you wish to accept the changes or
cancel the holiday. Where
we have accepted your booking and we find that we have
to cancel it (for any reason other than your fault)
before it is due to start or we cancel the holiday
because you do not wish to accept a major change by
us, you can then either:
a)
Take a replacement holiday with us of equivalent quality
or higher quality provided that you pay the additional
amounts due (subject to availability)
b)
Take
a replacement holiday with us of lower quality
(subject to availability) and we will refund the
difference in the sums which you have
paid
to us and the price of the replacement holiday; or
c) Ask
us to refund to you all payments you have made to us.
If you accept a major change or, where we have had to cancel
your holiday, choose either of the options in
paragraphs (a) or (b) above, we will pay you
compensation in accordance with Scale A below. If you
choose the option (c) above we will pay you
compensation in accordance with Scale B below.
Compensation will not be paid where the change or
cancellation is made as a result of consolidation or
as the result of unusual or unforeseeable
circumstances beyond our control, the consequences of
which we could not have avoided even with all due
care.
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Period before departure
that
notification is given by us
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Compensation per person
Scale
A
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Compensation per person
Scale
B
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0-7 days
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£50
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£25
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8-14 days
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£40
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£20
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15-28
days
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£30
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£15
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29-42 days
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£20
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£10
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43-60 days
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£10
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£5
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60+ days
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£5
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£0
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Please note in all cases our liability in respect of
significant changes and cancellations is limited to
offering you the above mentioned options and where
applicable the compensation payments set out above. We
regret that we cannot be held responsible for
incidental/consequential costs or expenses you may
incur as a result of any changes or cancellations. No
compensation is payable for minor changes.
11.
Our liability for your tour…
The
company accepts clients bookings on the firm
understanding that the client appreciates and accepts
the possible risks and hazards involved in adventure
travel and that they participate in the company’s
tours and expeditions entirely from their own
volition. Clients should also understand that by their
very nature these kind of tours require a certain
amount of flexibility on the part of the client and
acknowledgement that delays and alterations, and the
disappointment, discomfort and inconvenience that may
accompany them, are always possible. We accept
responsibility for any death, bodily injury or illness
caused to you as a result of the proven negligent acts
and/or omissions of our employees and agents and our
suppliers and sub-contractors and their servants
and/or agents while acting in the scope of, or in the
course of, their employment. Except as provided in
paragraphs (a) to (c) below, we accept responsibility
for any damage caused to you as a result of any
failure to perform, or improper performance of the
services we have agreed to provide to you. We will not
be responsible to you where failure or improper
performance is not due to our fault or that of our
suppliers because:
a)
Such failure is attributable to you or any
member of your party;
b)
Such failure is attributable to a
third party unconnected with the provision of the
services to be provided to you and is unforeseeable
or unavoidable; or
c)
Such failure is due to unusual and
unforeseeable circumstances beyond our control, the
consequences of which could not have
been avoided even if all due care had been
exercised, or to an event which we or our
suppliers, even with all due care, could not foresee
or forestall. Such circumstances or
events include (without limitation) war or threat of
war, riot, civil strife, industrial dispute,
terrorist activity, natural or nuclear
disaster, fire or adverse weather conditions.
Subject to the limitation of liability
set out in the following paragraph, our liability to
you for any loss and damage which you may suffer
(other than personal injury resulting from the
non-performance or improper performance of the
services included in the holiday) is limited to twice
the price of your holiday.
Our liability to you for the non-performance or improper
performance by sea carriers, rail carriers or
hotelkeepers of any services to be provided by them as
part of your holiday is limited to the amount you can
validly recover against such carrier or hotel keeper: a)
In accordance with any applicable domestic law or the
laws of the United Kingdom. For claims other than
personal injury arising out of travel and carriage
within the
United Kingdom or which is otherwise not International; and b)
For all claims arising out of any other travel,
carriage or accommodations, in accordance with the
International Convention which governs such service,
including those which have not been ratified by the
United Kingdom.
We do not accept liability for any claim (other than claims
for personal injury arising from the non-performance
or improper performance of any service) in contract,
tort (including negligence) or otherwise for
consequential, economic or indirect loss or damage.
Nothing in these booking conditions effects your
statutory rights. Please note that where the cause
of your loss, damage or injuries is due to our agents,
suppliers or sub-contractors, our acceptance of
liability is subject to you assigning to us your
rights against them and to your co-operating with us
in any legal action we may take against them. We accept responsibility for the proper performance of the
obligations in the contract between you and the
company even where these obligations are performed by
one of our suppliers. However we do not accept
responsibility for any damage/injury caused that are
attributable to
your own actions, acts of some other party unconnected
with the contract services or where the damage/injury
results from events/circumstances which our
outside our control and could not be reasonably
forestalled. For injury claims our liability is
in all circumstances limited to twice the total price
of the tour. In agreeing to these terms you accept
this limit on our liability because it helps keep the
prices of the tours as low as possible.
12. Flights/delays…
We cannot
accept any liability for any delay in your outward or
inward flight/s, whether the cancellation or delay is
caused by the weather, airline rescheduling,
industrial action or mechanical failure. We will give
no refunds or compensation for lost time and services
from the itinerary.
CLICK
HERE for printable version of these booking conditions
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