Oracle Journeys’ General Terms and Conditions
- 1. Definitions
In these terms and conditions, the following terms will have the following meanings:
1.1 “Booking” means the contract between you and us comprising of our email to you either containing or enclosing a written confirmation of your booking, these general terms and conditions and your agreement both to the specific terms set out in the confirmation and these general terms and conditions; as is explained in clause 2 below the payment by you of the deposit will amount to the manifestation of your agreement.
1.2 “we/us” means Oracle Journeys Limited incorporated in Lapford with registered number 12128604 and having its registered office at 5c Yeo Vale Industrial Estate, Lapford, Crediton EX17 6YQ, UK.
1.3 “you” means any individual who makes the Booking with the Company, namely the recipient of the email confirmation referred to above.
1.4 “members of your party” means people that are included in your Booking.
1.5 “your” may refer to you personally or to you and the members of your party, depending on the context; where “your” refers to the “arrangements”, “holidays” or “Booking”, it means you and the members of your party.
- Booking and payments
2.1 Once your arrangements have been discussed and agreed, a confirmation email will be sent to you. It is your responsibility to check this carefully and highlight any incorrect or incomplete information to us as soon as possible. All names must be as stated in the relevant passports. We have no responsibility for any errors except for those made by us. It is also your responsibility to make sure that the members of your party are made aware of the terms of the Booking that apply to them, including but not limited to the provisions in these terms and conditions that relate to passports, visas, health and insurance.
2.2 The confirmation email referred to above will enclose an invoice for a deposit of at least 30% of the estimated total cost of your arrangements as specified in the confirmation email. On occasion, our suppliers require additional amounts up to full payment in advance (for example for Christmas bookings) and we therefore reserve the right to ask for a deposit that is higher than the usual 30%. The invoice must be paid by you within 2 working days of the date it is sent to you. If the departure date specified in your booking is less than 60 days from the date of the invoice, then a deposit of 100% of the total cost of your arrangements must be paid within 2 working days it is sent to you. Payments must be made in the agreed currency by way of bank transfer to the bank account shown on the invoice. All remitter and recipient fees for payment by bank transfer must be paid by you.
2.3 You must pay the full balance of the cost of your Booking by the balance due date specified in the invoice. Payments must be made in the agreed currency by way of bank transfer to the bank account shown on the invoice. If full payment is not received by the balance due date, we will treat your Booking as cancelled, and we will retain the full deposit. We also reserve the right to recover any balance due by you.
2.4 If you or any members of your party have any special needs (e.g. a disability) or any special requests (e.g. particular dietary requirements) these should be made known to us while we are organising your arrangements and before we issue the invoice to you. We will endeavour to arrange for such special needs and requests to be met but cannot guarantee that they will be. We do not accept reservations that are conditional upon any special needs or request being met.
2.5 Additional arrangements can be requested after a Booking is made. If these additional arrangements can be agreed, an additional invoice will be issued, and an additional deposit will require to be paid on the same terms and in the same manner as the original deposit.
2.6 All prices in the invoice will be based on costs and exchange rates as of the date of the invoice. We will endeavour to mitigate any increase in the cost of your arrangements. Increases in costs due to transportation costs including the cost of fuel, increases due to any fluctuation in exchange rates and dues, taxes or fees chargeable for services such as landing taxes or embarkations or disembarkation fees at ports and airports may be passed on to you. You will not be charged for any increase of up to 2% of the total cost of your arrangements specified in the invoice and any additional invoices and in the event that the cost of your arrangements goes down by more than 2% of the total cost as specified in the invoice and any additional invoices the difference will be repaid to you after the end of your Booking.
- Cancellation by you
If you wish to cancel your Booking you must notify us in writing. In all circumstances – other than in the case where there has been an increase in price that exceeds 8% of the price that we had originally agreed – where you cancel your deposit will be forfeited. This is because we consider the deposit to be enough to compensate us for having to cancel your arrangements with third party providers, which is likely to cause us to incur penalties.
In addition to forfeiting the deposit, we shall apply the following charges in case of cancellations of the Booking by you:
- In you cancel within 59 – 43 days prior to the departure date specified in your booking the charge will be 10% of total price of booking (in addition to the 30% deposit).
- In you cancel within 42 – 29 days prior to the departure date specified in your booking the charge will be 30% of total price of booking (in addition to the 30% deposit).
- In you cancel within 28 – 7 days prior to the departure date specified in your booking the charge will be 60% of total price of booking (in addition to the 30% deposit).
- In you cancel 6 days or less prior the departure date specified in your booking the charge will be 70% of total price of booking (in addition to the 30% deposit).
You herby expressly acknowledge that the above charges are a reasonable estimate of the loss that we may incur in cancelling our arrangements with third parities and not a penalty.
If you or any member of your party has to cancel or is prevented from travelling, you may apply to us to transfer your or their place to someone else introduced by you provided that:
3.1 you give reasonable notice of the intention to make a transfer before the start date of your arrangements;
3.2 all suppliers and any other third parties accept the transfer of person and
3.2 the transferee accepts this Booking and provides evidence of travel insurance.
Where a transfer of person can be made any additional costs and charges incurred by us or imposed by any of our suppliers will be charged to you together with an administration fee of £ 250. This must be paid within 5 working days of receipt by you of an invoice for the additional charges.
If the increase in price that you have to pay (having taken into account that we will not charge you for the initial 2%) exceeds 8% of the price that we had originally agreed and charged you for, you are entitled to cancel the Booking without having to pay us a cancellation fee. In such circumstances we will refund the deposit to you in full.
- Changes and cancellations by us after Booking but prior to holiday
Occasionally we may have to make changes due to factors that are out with our control. If changes are minor, you will not be entitled to a refund or to change your Booking or to compensation. A significant change is a change made before your Booking commences which, taking account of the information you gave us at the time you made your Booking and which we could reasonably be expected to have known, we can reasonably expect to have a major effect on your holiday.
A significant change is a change of accommodation or accommodation facilities to that of a lower standard, the type and standard of transport, the place of departure and destination. All other changes are minor changes. If we have to make a significant change, we will inform you as soon as reasonably possible. We will offer you the choice of one of the following options:
4.1 accepting the change or
4.2 accepting arrangements with us of a similar standard to that of your original Booking if substitutes are available or
4.3 accepting substitute arrangements of a lower standard to that of your original Booking if substitutes are available or
4.3 cancelling and receiving a full refund of all monies paid by you.
If the alternative arrangements are cheaper than your original Booking, we will refund the price difference and if it is more expensive you will be charged for the difference.
Subject to the following exceptions, if we have to make a significant change or cancel, we will, where compensation is appropriate, pay you reasonable compensation depending on the circumstances and the time that a significant change or cancellation is notified to you. Compensation will not be payable and no liability beyond offering the alternatives set out above will be accepted where:
(a) we or one of our suppliers 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
(b) we have to cancel because the size of your party has been reduced by you to an unviable number, or
(c) where a significant change is made (which you accept) prior to or at the time of issuing your invoice.
No compensation will be payable, and the alternatives set out above will not be available if we cancel as a result of:
(a) any requirement of this Booking entitling us to cancel (such as you failing to pay on time), or
(b) any failure attributable to a third party unconnected with the performance of your Booking which is unforeseeable or unavoidable.
In any event, we will have to notify you of a cancellation not later than:
- in the case of trips lasting more than 6 days, 20 days before the start of the holiday;
- in the case of trips lasting between 2 and 6 days, 7 days before the start of the holiday;
- in the case of trips lasting less than 2 days, 48 hours before the start of the holiday.
- Changes after the holiday has started
If, after departure, as significant change to the arrangements is made, we will make suitable alternative arrangements, at no extra cost to you, for the continuation of your holiday and will, where appropriate, compensate you for the difference between the services that you are receiving and the services set out in the Booking.
If it is impossible to make suitable alternative arrangements, or if these are rejected by you for good reason, we will, where appropriate, provide you with equivalent transport back to the place of departure or to another place that you have advised, acting reasonably.
- Force Majeure
Except where otherwise expressly stated in the Booking we will not be liable to or pay you compensation if our contractual obligations to you are affected by any event which we or any supplier(s) of any service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, flight restrictions, epidemic, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or any supplier’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
- Brochure Accuracy
All efforts are taken to ensure that the details set out in any printed brochures and literature are correct at the time of going to press or being posted online. However, changes and errors can occur, and we reserve the right to make changes. If changes are made, we will notify you before any Booking is made. We reserve the right to amend any advertised prices before any Booking is made.
- Passports, visas, health
8.1 We will make every effort to inform you of any visa requirements, but such requirements may change, and you should check current requirements with us before departure. It is your responsibility to ensure that you comply with all relevant requirements and take with you all documents likely to be required during your Booking. We will not be liable to you if you fail to have the correct documentation.
8.2 Due to the special nature of and risks attached to some of the activities that you might undertake during your Booking you confirm that you have voluntarily chosen to make a Booking and proceed with it notwithstanding any hazards and dangers.
8.3 Due to the special nature of some of the arrangements we make, we reserve the right, in our sole and absolute discretion, to require you at your own expense to provide us with a medical certificate or other documentation obtained from a medical practitioner confirming that, in the medical practitioner’s belief, you and all other members of your party are sufficiently fit and healthy to undertake the Booking. It is your responsibility to take all appropriate medical advice prior to the commencement of your Booking as to whether or not you are fit enough to undertake your Booking.
Due to the special nature of some of the arrangements we make, we make it is an essential requirement of your Booking that you and the members of your party take out travel insurance. As a minimum your insurance and that of the members of your party should include cover for cancellation by you and us, assistance in the event of accident or illness (including helicopter rescue and repatriation) and, if relevant, the sporting use of firearms and other weaponry or other equipment involved in the given activity. Full disclosure of all activities to be undertaken as part of your Booking must be made to the insurer. You and the members of your party will be deemed to have taken out adequate insurance upon payment of the deposit. We reserve the right to require evidence of your travel insurance and that of the members of your party prior to the start of your Booking and if your insurance cover does not meet the minimum requirements specified in these terms and conditions, we reserve the right to require you and the members of your party to take out additional cover, failing which your Booking will be cancelled. If your Booking requires to be cancelled due to inadequate travel insurance after your deposit or balance of payment has been received, we have no obligation to refund any payment or pay compensation to you or the members of your party. The responsibility to have adequate travel insurance will remain with you at all times regardless of whether we have checked your policy or not. If you choose to travel without adequate insurance cover or allow members of your party to travel without adequate insurance, we will not be liable for any losses whatsoever arising, in respect of which insurance cover would otherwise have been available.
- Our liabilities to you and the members of your party
Under the Package Travel and Linked Travel Regulations 2018 if we or any of our suppliers negligently perform or arrange any services forming part of your Booking, we will pay you and the members of your party reasonable compensation. The level of any compensation will be calculated taking into consideration all relevant factors such as, but not limited to, the extent to which our employees’ or suppliers’ negligence affected the overall enjoyment of your Booking. Please note that it is your responsibility to demonstrate that we or our supplier(s) have been negligent if you wish to make a claim against us.
We will not be responsible or pay you or the members of your party compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from or relates to: –
10.1 the act(s) and/or omission(s) of the person(s) affected;
10.2 the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;
10.3 unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised;
10.4 an event which either ourselves or our suppliers could not, even with all due care, have foreseen or forestalled
10.5 for any services or facilities which do not form part of your Booking;
10.6 which on the basis of the information given to us by you concerning your Booking, we could not have foreseen you or members of your party would suffer or incur if we breached our contract with you on the basis of the information given to us by you at the time you made your Booking;
10.7 any business activity.
10.8 force majeure as described in clause 5 of these terms and conditions.
- Your responsibilities to us
11.1 You must at all times avoid causing damage, distress, danger or annoyance to third parties and you must comply at all times with any reasonable instructions of any of our representatives, agents or suppliers
11.2 You will be responsible for the cost of repairing or replacing any damage to property caused by you.
11.3 You must comply with all of your other obligations under the Booking.
11.4 You must procure that the members of your party also comply with the above provisions and you shall be personally liable to us if they don’t.
We will make every effort to ensure that your Booking runs smoothly but if you do have a problem during your Booking you or the members of your party will have to inform us immediately on either the emergency number detailed in your Booking confirmation or, if calling during UK office hours, on 00 44 20 3097 1622 and we will endeavour to put things right. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us within 28 days of the end of your Booking.
- Financial protection
Oracle Journeys is a member of The Travel Network Group which affords you protection in case that we become insolvent. You can find the details of the financial protection that you are afforded at the following link https://www.thetravelnetworkgroup.co.uk/faqs.
- Data protection and privacy
We will ensure that appropriate measures are in place to protect your personal data and the personal data of the members of your party. For the purpose of this provision “personal data” has the meaning ascribed to it by the EU General Data Protection Regulation (GDPR) as it applies in the UK, tailored by the Data Protection Act 2018. When you make a Booking, you consent to your information and the information of members of your party being passed on to our suppliers, agents, sub-contractors and employees. You also consent to photographs and/or video footage being taken over the duration of your Booking and, subject to your written agreement, being used for publicity and promotional purposes.
- Law and jurisdiction
This Booking and any matters arising from it will be governed by and construed in accordance with laws of England of Wales and you agree that the English courts have exclusive jurisdiction on any dispute arising on or in connection with this Booking.