Terms & Conditions

OUR COMMITMENT TO YOU

1. Your Reservation

Once you have completed and signed the booking form and paid your deposit of €1000 per cabin on and have been issued a receipt by your travel agent, the booking is taken as confirmed and it is understood that you have read and accepted the accompanying terms and conditions. We will reserve your holiday. Your booking is also taken to be confirmed in respect of all persons travelling in your party.

2. Our Price Policy

Prices in this brochure are valid at the time of publication. It is possible that at the time of booking, the actual price of your chosen holiday may have increased from that shown in the brochure which we reserve the right to do. We guarantee that the price of your holiday will not be subject to any surcharge whatsoever. Once you have made your booking and paid a deposit, then the cost of your holiday cannot be increased, except in the case of substantial currency fluctuations and/or increase of taxes or levies and/or aircraft fuel increases imposed by airlines. A service charge of 3% of the cost of the holiday is being levied. The amount is included at the end of each programme together with the taxes. Prices for children are applicable for children under 12 years of age that are sharing with 2 adults.

3. Our Assurance on Standards and Assumption of Liability

Our brochure descriptions are based on the information obtained from hoteliers and other service producers themselves. Hotel rooms and ship cabins are always small, (sometimes very small). The Tour Operator only work with hotels & vessels having single or twin/double bedded rooms. A room/cabin for 2 passengers may either consist of two separate beds or a matrimonial bed (which can also mean two beds pushed together irrespective of gender). Triple or quadruple bedded rooms are never available. A third or a fourth person wanting to share a twin/double bedded room, will most probably be given either a small extra folding ‘camp’ bed, a bunk bed, or a sofa bed, which will make accommodation quite uncomfortable. In America three or four persons wanting to share a room will always be given just two matrimonial beds, (separate beds for each person are not available). When two persons book a room for two, the Tour Operator reserves the right to either provide two separate beds or a large matrimonial bed. All hotels provided are not air-conditioned and no fans will be provided, not even during extreme heat waves, (unless clearly specified in the programme). Breakfast is only provided when specified and when provided is always continental unless specified. Lunches and dinners are always served on three courses. No choice of food will be provided; neither changes can be accepted (e.g. having meat instead of fish). Portions served are always small/moderate in size. When buffet meals are provided a choice is available. Drinks, including water, during meals are always to be paid extra. Use of minibar, telephone and T.V. in rooms is also chargeable to the client. Unless clearly specified all entrance fees to museums and shows, boat trips, metro or cable car are always extra. All optional excursions are extra and unless clearly specified they only include transportation costs by coach, entrances are extra and no local guides are provided. An optional excursion will only be operated if the minimum number of paying participants reaches 25 adults; if not the Tour Operator will have the right not to operate the said excursion and will be under no obligation to compensate the Client/s for not operating the said optional excursion; furthermore the Client/s cannot cancel their planned group tour or cruise because one or more excursions could not be operated due to either lack of bookings or for some other technical reason which is beyond the Tour Operator’s control.

Prices are clearly marked in the ‘price box’, at the end of each programme. Only items listed under ‘Price includes’ are included in the package price. Please remember that brochures are produced months in advance and there may be occasions when an advertised facility or entertainment is not available during your particular holiday, especially if it is out of high season. Bad weather, essential maintenance or cleaning, lack of support or demand may all effect the actual availability of particular activities or facilities; So, for instance, can such things as local licensing laws, religious or local holidays, or local authority or governmental restrictions. Similarly, touring itineraries may have to be changed sometimes at short notice, due to weather, road or traffic conditions, mechanical breakdowns, police activity etc. Coaches are not air-conditioned (except when clearly specified on a programme) and do not have onboard functional toilet facilities.

Swimming pools may only be heated in colder weather and the general standard of hygiene, public utilities, drainage, plumbing and services in general may not be the same standards as in Malta. Each group tour is escorted by either a Maltese or an English speaking tour leader who will be responsible for the implementation of the programme according to the brochure. The tour leader is under no circumstance responsible to carry out work (unless for emergency), over and above the official programme and is not obliged to accompany members of the group around shops, flea markets or theme parks. Cruise companies reserve the right to change the itinerary due to bad weather or industrial action, in which case neither the cruise company nor the Tour Operator are liable to pay any form of compensation for the missed ports or the change of programme.

If any portion of holiday is cost due to natural disasters, bad weather, industrial action, war, government restrictions or any matter of force majeure, neither Orange Cruises Ltd nor its subcontractors can be held liable to pay compensation or for damages incurred. As a responsible Company we feel it only right to point out these possibilities, however unlikely. If you have a particular problem, please inform the hotel reception desk and/or our representative in writing at the time so that, if possible, it can be dealt with there and then. Having said all that, we want to give the following assurance about our liability to you:- We have taken all reasonable steps to ensure that proper arrangements have been made for all the holidays which are advertised in this brochure. You will appreciate, however, that we have no direct control over the provision of services to you by suppliers.

4. If We Change Your Holiday Arrangements

a) Before departure date

We plan our holidays to give you the maximum enjoyment. Although it is unlikely, we may occasionally have to change your holiday arrangements and we reserve the right to do so any time. For instance, Flight timings may change, a hotel may close down or be overbooked, we may have to amend an itinerary, or sales of that holiday may not reach a level which would be economical for us to operate. If we have to make any changes, we will inform you or your Travel Agent as soon as is reasonably possible before departure.

b) After Your Holiday Has Commenced

Very occasionally it may be necessary, due to unforeseen circumstances, to change a hotel or some other part of your holiday arrangement after your holiday has commenced, in which event we will do our best to maintain the overall standard of the holiday arrangements.

5. If We Cancel Your Holiday Arrangements

We may occasionally have to cancel your holiday arrangements. For instance sales of that holiday may not reach a level which would be economical for us to operate (minimum number of persons required to operate a tour is 25). We reserve the right in any circumstances to cancel your holiday and, in this event, we will return to you all the money you have paid us or will offer you an alternative holiday to purchase of comparable standard if available. In the unlikely event we have to cancel your trip, (unless for reasons beyond our control, i.e. industrial action, natural disasters, terrorist activities, breakdown of aircraft or ship etc.), the Tour Operator will refund you all money paid for the cost of your holiday plus, the following amounts as compensation (per person):-

Notification more than 15 days before departure nil

Notification between 8-14 days – €25

Notification between 0-7 days – €50

6. Your Flight

Details of your airlines we anticipate utilising are shown in the programme. The right is reserved to substitute alternative airlines and/or aircraft if necessary. Only flight timings are subject to confirmation and alteration. Our reservation system will show the latest timings as advised to us. Please check your flight tickets as soon as you receive them as they will show the final timing for your flights. Some flights may have intermediate stops en route and as factors effecting this are not always known before departure date we cannot always notify you in advance. Flights are subject to the granting of permits and licenses by authorities both in Malta and overseas. In the event of your flight arrangements being changed or cancelled as outlined in this section and sections 4 and 5, we accept no liability for extra costs or consequential loss arising, directly or indirectly, from any independent contract arrangements between the client and a third party. All flights are non-smoking.

7. Conditions Of Carriage

Transport of any kind is subject to the conditions of carriage of the company providing that trip. These conditions are likely to embody the provisions of the law of the country of the company concerned or are likely to be subject to international conventions with government(s), any of which may limit or exclude the liability of the carrier (airline, coach, ship, etc.).

YOUR COMMITMENT TO US

1. Booking Form And Deposits

Your completed booking form showing all clients’ names as specified in your passport, must be accompanied by the appropriate deposit. No deposit is payable for infants under two years of age at the time of outbound travel. Holiday insurance cover will automatically be provided unless you delete the wording ‘YES’ from the insurance panel of the booking form. The person signing the booking form confirms that he/she has the authority of all other persons mentioned on that form to make the booking on their behalf and that he/she has already accepted the General Conditions. If you are booking a late-offer holiday any information and conditions issued in conjunction with that offer are also part of your contract. If in doubt you should check with your Travel Agent.

2. Balance Of Payment

The balance is due for payment eight weeks before departure for land tours & twelve weeks for cruise tours (can be earlier for certain tours, ask at time of booking), or immediately if the booking is made within eight weeks from departure. If you book through a Travel Agent, you should ensure that you pay the Agent in sufficient time to allow payments to reach our Company by the due date. If for any reason the balance is not received by us by the due date, we reserve the right to cancel bookings and levy a cancellation charge as though there has been a cancellation in accordance with paragraph 4. If your chosen travel agent fails to pay in full (less the applicable commission) to the Tour Operator, the tour operators will be under no legal obligation to supply you with your holiday, so it is up to you to ensure that your travel agent pays the Tour Operator! Payments by credit cards are not accepted. No payments by cheque will be accepted less than 14 days before departure. As a norm we do not accept credit card payments, but if we do, we will have to charge you an administrative fee of 2% over the amount to be paid.

3. If You Change Your Booking

Your booking can be changed upon request and subject to availability (rebooking). This can be done until 60 days before date of travel. O.C. charges the sum of €50 rebooking fee per person. Should you wish to make a rebooking after 60 days before date of travel, then booking changes can only be made, if at all possible, by cancelling the travel contract under the conditions stated in 6.1 and rebooking. Any form of alteration made to the date of travel, destination or place of start, accommodation, the cabin or mode of transport is considered as a change.

3.1 Replacements

Up to the date of travel i.e. taking into consideration a reasonable amount of time for organisational matters, you may demand that a third party takes over all rights and liabilities of your travel contract. O.C. reserves the right to decline the third party should he/she not meet the travel requirements or should there be legal restrictions or an official directive against his/her participation. Should a third party enter the contract then he/she and you are liable as co-debtors for the travel fare and the additional costs caused by the third party entering.

3.2 Name Changes

At time of booking all passengers names need to be submitted to O.C. Names need to be congruent with the valid passenger passports. O.C. reserves the right to pass on the service charges of €50 per person for name changes after the option is confirmed.

Cancellation and rebooking fees are due immediately.

4. If You Cancel Your Booking

You can cancel your contract at any time before date of travel. As means of proof, cancellations should be made in writing. Your cancellation notice is effective upon receipt by O.C. Should you cancel your booking or not commence the holiday, O.C. reserves the right to levy charges for made travel provisions and expenses incurred. When calculating the charges, O.C. takes into account the services saved and the possible other use of the services. O.C. may claim cancellation fees expressed as a percentage of the travel fare according to the amount of notice given between cancellation date and departure date, as listed below.

Cancellation fees:

• Up to 340 days before: €100 per cabin
• 339 to 120 days: €1000 per cabin
• 119 to 90 days: 25% of the total fare or €1000 per cabin (whichever is higher)
• 89 to 60 days: 50% of the total fare or €1000 (whichever is higher)
• 59 to 30 days: 75% of the total fare or €1000 (whichever is higher)

29 days or less: 100% of the total fare or €1000 (whichever is higher)
*or applicable deposit amount per person (2 years of age and over) whichever is the greater. Cruises bear a 100% cancellation fee if cancelled less than 90 days prior to departure. If cruises are cancelled more than 90 days prior to departure only the deposit is lost, unless the cancellation is made more than 180 days before departure in which case no cancellation fees apply.

On scheduled service and charter flights, sea passages and coach transportation, the amount of cancellation charge shown above applies only in the event that any air tickets issued are returned to the Tour Operator, otherwise a 100% cancellation charge shown above applies. If the reason for your cancellation falls within the terms of your insurance cover, you may be able to claim a refund of your cancellation charges from the insurance company. In case of actual or potential outbreaks of Bird Flu, SARS, Swine Flu etc, or natural disasters such as earthquakes, hurricanes, tsunamis, floods, etc., or political turmoil, terrorist activities, act of war in a neighbouring country, industrial action, etc., clients will not have a right to cancel their holiday without incurring full cancellation fees as specified in these General Conditions unless either the country that is at risk or hit issues an official state of emergency for the area to which the Client is travelling, or the Maltese Foreign Office issues instructions that disallow Maltese citizens to travel to a particular country or area of a country. In case that a trip (or part of a trip) has to be cancelled for the above reasons, the Tour Operator will try its very best to recuperate all the funds possible on behalf of its Clients, but the Clients cannot hold the Tour Operator responsible for parts of the funds or of the holiday lost as a consequence of the above acts.

5. Your Holiday Insurance

We highly recommend that you take out for yourself and those for whom you book our recommended holiday insurance or that you arrange a policy yourself giving comparable or better cover under all sections. Insurance premiums will be automatically added to your final invoice unless the word “yes” is deleted.

6. Your Responsibilities

• a) It is your responsibility to ensure that you and those for whom you are booking are in possession of valid passports which are valid for at least six months after your scheduled date of return to Malta and any appropriate visas. Be sure to check passport and visa requirements with your Travel Agent well in advance particularly if you are a non- Maltese passport holder. Maltese nationals need visas for travel to a number of countries including the USA, Brazil, China, Egypt, Turkey and Russia and it is up the each Client to take care of his / her own visa for countries having such requirements. Should a visa not be issued, or withdrawn after issuance, or should a country refuse entry to a client for any reason (including invalidity of passport), the Tour Operator and, or his suppliers / subcontractors cannot be held responsible for damages or for partial or full loss of the holiday and any financial consequences will have to be borne by the Client. You are responsible for any charges, fines etc. that may be levied by authorities in Malta or overseas for non-compliance of regulations in this area and any such amounts will be recharged to you.
• b) Similarly, it is your responsibility to check with your doctor as to what vaccinations or inoculations are advisable for your chosen destination.
• c) Airline regulations state that women 28 weeks or more into pregnancy at the time of return travel must have a medical certificate of fitness to travel.
• d) You must be responsible for a reasonable standard of behaviour by yourself and by those for whom you have booked. We reserve the right to decline to accept or retain any person as a client if their behaviour is, in our opinion, or in the opinion of the airline pilot, hotelier or accommodation owner or manager or other person in authority, likely to cause distress, danger, damage or annoyance to other customers, employees, other people or to property. You understand that we shall be under no liability to pay any refund or compensation to, or costs incurred by, any person whose behaviour is thus unacceptable.

7. If You Have A Complaint

We do our best to give you an enjoyable, trouble-free holiday, but occasionally even the best laid plans can go wrong. If you have a problem or complaint relating to the overseas part of your holiday you must advise in writing our tour leader, representative or agent in your resort at the earliest opportunity in order that it may be investigated and we have the opportunity to resolve the matter on the spot. In addition, you must notify us in writing within seven days (7) of the date of your return from your holiday. Because of the difficulties of investigating a complaint too long after the event, we will not accept liability in respect of claims received after the seven day period, and/or which have not been reported in writing to our representative or the supplier in resort.