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Holidays are operated by Onyx
International Travel Services Ltd (hereinafter referred to as Onyx). All
correspondence will be sent to the customer at the address specified on the
booking form. All holidays are sold subject to the following conditions:
1.
Booking and Payment
a) The customer must pay a
deposit of £100 per person (or such other sum as notified by Onyx prior to
booking) at the time the booking is made and the balance 10 weeks prior to
departure or the full amount if the booking is made within 10 weeks of
departure. If you pay money for your holiday to an Onyx appointed travel agent,
they will hold that money as our agent from the time they receive it until they
pay the money to us. The booking is not accepted and no contract exists until
the date shown on the confirmation issued by Onyx. If the booking is not
accepted the deposit paid and submitted with the booking form will be refunded.
b) Alteration or cancellation by
a customer of an accepted booking will be subject to the provisions of
paragraphs 4 and 5 of these conditions.
c) If the customer does not pay
the balance of the holiday price at the prescribed time Onyx reserves the right
to cancel the booking.
2. Holiday Price
The prices quoted are based on known
costs and exchange rates as given by the Financial Times for 5 November 2010 (£1
to US$1.6209, Euro 1.1552).
The price of a holiday will not be subject
to any surcharges except those resulting from Governmental action, fuel
surcharges, air fare increases, overflying and airport charges and exchange rate
variations. Even in these cases, Onyx will absorb an amount equivalent to 2% of
the holiday price (excluding amendment charges). If this means paying more than
10% of the holiday price, the customer will be entitled to cancel the holiday
with a full refund of all monies paid. This right to cancel must be exercised in
writing within 14 days of the issue date printed on the invoice. No surcharges
will be made within 40 days of departure. In return, no refund will be made if
the pound increases in value against foreign currency.
3. Cancellation or Modification
by Onyx
a) Every effort will be made to
operate all holidays as advertised but Onyx reserves the right, at its
discretion, to modify or cancel any holiday, flight, schedule, accommodation or
arrangement at any time up to 45 days before departure. In the case of any
material modification or of cancellation, Onyx will, if possible, offer
alternative arrangements or, if these are not acceptable, a full refund of the
monies paid. When offering alternative arrangements, Onyx will, if accommodation
is affected, use its best endeavours to provide an alternative in the same area.
If Onyx is only able to offer a lower classification of hotel it will refund the
difference in price. A change of airline or aircraft type at any time does not
allow the customer to cancel without penalty. Charges as in paragraph 4 would
apply.
b) A material modification is
one which has a significant effect on the customer’s holiday such as a change of
accommodation to a different resort or to an inferior classification in the same
resort or a change of departure or return timing of more than 12 hours or a
change of departure airport which would cause substantial inconvenience to the
customer.
c) Onyx will not materially
modify or cancel the holiday within 45 days of the date of departure unless
compelled to do so because of circumstances beyond its reasonable control.
d) In the event of Onyx
cancelling the holiday the customer shall be entitled in addition to the
entitlement set out in Clause 3a above if appropriate to compensation by Onyx
but to a maximum sum as follows:
Prior to 45 days
before departure - £10
Between 28-45
days before departure - £25
Less than 28
days before departure - £50
4. Cancellation by the Customer
a) If the customer cancels the
arrangement after the booking is accepted or the booking is cancelled by us due
to non-payment the following will be payable or forfeited as the case may be:
More than 63
days before departure - deposit
50-63 days
before departure - 50% of the holiday cost
30-49 days
before departure - 70% of the holiday cost
15-29 days
before departure - 90% of the holiday cost
Within 15 days
of departure - 100% of the holiday cost
Cancellation charges may differ
for certain travel arrangements, in which case the customer will be notified
prior to booking.
b) In addition to the above
charges, it may be necessary to add under-occupancy or single room supplements
to other members of a party where member(s) of that party cancel and any
additional charges incurred by Onyx in respect of certain tailor-made holidays
provided such charges have been notified to the customer prior to booking.
c) Cancellation charges of 100%
will apply on certain scheduled service tickets if the customer has to cancel or
amend the flights once the tickets are issued. Tickets are valid only for the
flights issued and cannot be changed after issue.
d) Cancellation of a booking by
the customer must be made in writing, a verbal message is insufficient. The
cancellation is not effected until such cancellation is received by Onyx and the
amount payable is determined by reference to that date.
5. Alteration by the Customer
a) After acceptance of the
booking, if the customer alters the confirmed arrangements, an amendment fee of
£35 per person, disbursements plus any increased charges, may be charged.
Additionally, if the alteration is within 9 weeks of the original departure
date, the cancellation charges in Clause 4 may be applied.
b) If the customer decides to
alter the travel arrangements whilst abroad, Onyx or its agents are not
responsible for any extra costs incurred or for any difficulties that may arise
as a result of the alteration. No credit or refund is available for any unused
services provided in the cost of the holiday.
6. Liability of Onyx to the
Customer
a) Any flights forming part of
the holiday arrangements will be subject to the conditions on the ticket issued
by or on behalf of the carrying airline, which in most cases limit the airline’s
liability to the customer in accordance with International Law and conventions.
Onyx shall not be liable for any loss in excess of such limitations.
b) Onyx accepts responsibility
should the services which they contract to provide the customer with prove
deficient or not of a reasonable standard: such acceptance extends to any
arrangements made during the course of the holiday through a bona fide
representative of Onyx.
c) The customer must appreciate
that in Ethiopia, Madagascar and other countries visited, services cannot always
be expected to be of the same standard as those in the UK and the term
‘reasonable standard’ must be interpreted accordingly.
d) Onyx accepts liability for
the negligent acts and/or omissions of their employees, agents, subcontractors
and suppliers or servants and/or agents of the same insofar as they relate to
the holiday booked. The act or omission must be directly relevant to holiday
activities or arrangements made by Onyx or its authorised representatives as
part of the package purchased by the customer at the time the booking is made or
subsequently by arrangement with and payment to Onyx or its authorised
representatives. Onyx shall not be liable to the customer for any loss, damage
or injury which results from the negligent acts of third parties with whom the
customer makes individual direct arrangements even as a result of the
recommendation of Onyx or its representatives.
e) In all cases the liability of
Onyx to any one person shall not exceed one and one half times the cost of that
person’s holiday for claims other than for injury, illness or death.
f) It is specifically pointed
out, without prejudice to the generality to the previous subsections of Clause
6, that whilst every precaution is taken by the organisers and wardens of game
lodges, by reason of the fact that wild animals wander freely through game
reserves, there has to be a small element of danger, however remote. Onyx cannot
accept liability for any injury or incident which may occur as a result.
g) Onyx reserves the right to
refuse to carry any passenger or passengers causing inconvenience or annoyance
to other passengers.
7. Force Majeure
a) If war or terrorist
activities, threatened or actual, civil unrest, industrial action, threatened or
actual, weather conditions, fire, flood, drought, airport regulations and
closures, unforeseen alterations to public transport schedules and rescheduling
of aircraft or any other event outside the control of Onyx either delays or
extends the holiday or compels a change in or a cancellation of the holiday
arrangements, Onyx cannot accept liability for any resulting loss, damage or
expense.
b) Onyx will not accept
responsibility for any customer who contravenes any law or regulations of
countries visited.
8. Complaints
In the event of any
dissatisfaction with the accommodation or any other services provided by Onyx in
the resort, the matter must be reported immediately to the local person or
agency handling the source of the complaint, so that action can be taken to
remedy the problem. Any complaint made to Onyx after the holiday should be made
in writing within 28 days of return.
9. Transfer of Bookings
If the customer is prevented
from taking his holiday by circumstances such as those which would entitle him
to make a valid claim under a conventional insurance policy, then, on giving
Onyx notice no less than 28 days before departure, he shall be entitled to
transfer his booking to another person deemed acceptable to Onyx. In such a case
the customer and the transferee shall be jointly and severally liable for all
monies due to Onyx including an administration fee of £35 plus all charges and
reasonable fees consequent upon such a transfer.
10. Assignment of Rights and
Insurance
a) All clients must take out
comprehensive insurance cover for cancellation, medical expenses, personal
accident, personal baggage, money and public liability before travel. The
customer will not be accepted on an Onyx holiday unless satisfactory insurance
is arranged at the time of payment of deposit. The customer must also agree to
indemnify Onyx against all third-party claims, actions, damages and remedies
against Onyx arising from the customer’s participation in the holiday.
b) In the event of a claim made
by a customer being covered by any insurance policy effected by the customer or
for his benefit the customer agrees to pursue such claim against the relevant
insurance company either in addition to or in substitution for his claim against
Onyx. Onyx acknowledges that any settlement made by the insurer shall not
prejudice the customer’s rights against Onyx.
11. Website Information
a) The Onyx website contains
statements representing its honest belief that the facts as shown are correct.
Every reasonable effort has been made to describe fully and as honestly as
possible the holidays offered and every reasonable attempt will be made to
supply what has been described.
b) Onyx reserves the right to
make changes to the information, prices and itineraries set out in the website
and provided such changes have been notified to the customer prior to his
submitting a booking form or accepted by the customer after submission of the
booking form but prior to the confirmation by Onyx then such changes shall be
binding on the parties.
12. General
a) A customer will be
responsible for ensuring that all necessary travel documents such as passports,
visa(s), inoculation permits and certificates are valid.
b) For air inclusive holidays,
flight timings will be confirmed on the customer’s ticket.
c) No servant or representative
of Onyx has any right to alter, vary or waive any of these conditions, nor to
undertake any liability whatsoever on behalf of Onyx unless such be in writing
and signed by a duly authorised person.
13. Jurisdiction
This contract is made on the
terms of these booking conditions which are governed by English Law and
customers shall submit to the jurisdiction of the English Courts.
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