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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 18 November 2016 (£1 to US$1.2311, Euro 1.1642). 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 Madagascar, Zimbabwe, Botswana 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.
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.
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. Your Financial Protection
When you buy an ATOL protected flight or flight inclusive holiday from Onyx you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. Onyx, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither Onyx nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If Onyx, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against Onyx, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
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.