This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any accommodation, transfers, tours, flights or other (Travel) listed on our website www.orbitaltravel.co.uk; Please read these terms and conditions carefully and make sure that you understand them, before booking any Travel from our site. You should understand that by booking any Travel, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
If you are making a booking online please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to book any Travel from our site.
1. INFORMATION ABOUT US
1.1 We operate the website www.orbitaltravel.co.uk . We are Orbital Travel Limited, a company registered in England and Wales under company number 4235543 and with our registered office at Manor House, High Street, Buntingford SG9 9AB. Our main trading address is Manor House, High Street, Buntingford, Hertfordshire SG9 9AB. Our VAT number is 792169888.
1.2 We have an Air Travel Organisers Licence (ATOL) number 7143. All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. For further information or for more information about financial protection and the ATOL Certificate please visit: www.caa.co.uk/ATOLCertificate
When you buy an ATOL protected flight or flight inclusive holiday from us 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.
We, 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 we 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 we, 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 us, 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.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 After making a booking, you will receive an invoice from us acknowledging that we have received your booking. Your booking constitutes an offer to us to book the Travel. All bookings are subject to acceptance by us, and we will confirm such acceptance to you by sending you an invoice that confirms that the Travel has been booked (Booking Confirmation). The contract between us (Contract) will only be formed when we send you the Booking Confirmation.
2.2 The Contract will relate only to the Travel which we have confirmed in the Booking Confirmation. We will not be obliged to supply any other Travel which may have been part of your booking until the confirmation of such Travel has been confirmed in a separate Booking Confirmation.
3. OUR STATUS
3.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that any travel or other products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. If you would like information about your legal rights you should contact your local trading standards or citizens advice bureaux. We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third party seller.
4.1 The price of the Travel will be as quoted on our sites from time to time, except in cases of obvious error.
4.2 Travel prices are liable to change at any time, but changes will not affect bookings in respect of which we have already sent you a Booking Confirmation.
4.3 Our site contains a large amount of Travel and it is always possible that, despite our best efforts, some of the Travel listed on our site may be incorrectly priced. We reserve the right to cancel the booking or you may choose to pay the correct price for the Travel.
5. BOOKING INFORMATION
When you make a booking for Travel with us all information you supply us with must be accurate. This includes, but is not limited to, flight details and details of hotels in order for us to arrange transfers/collections. Any costs incurred as a result of inaccurate information supplied by you will be recovered from you in addition to an administration fee of £25 per booking as well any amendment fees charged by the supplier.
6. PACKAGED HOLIDAYS
A packaged holiday is a booking for Travel in which we provide flights, accommodation and transfers (‘a Packaged Holiday’). Where your Travel consists of a Packaged Holiday this clause 6 shall apply.
6.1 On booking the Travel you will be required to pay a non-refundable deposit for the full cost of the flights per person or 10% of the value of the Travel, whichever is the greater (‘the Deposit’).
6.2 The balance of the booking cost for your Travel will be payable 10 weeks before your departure date. If your departure date is within 10 weeks from the booking date, the total price for the Travel must be paid at the time of booking.
6.3 If you wish to make any amendments to the Travel after receiving the Booking Confirmation we will do our best to make the required change although this may not be possible. In the event of making an amendment we reserve the right to charge you an administrative fee of £25 as well as any amendment fees charged by the supplier.
6.4 If you or any member of the party wishes to cancel the Travel booking you must notify us as soon as possible. Notification must be made in writing by the person who made the original booking. The following charges will apply in respect of any cancellation made:
Number of days before departure Cancellation charge
7. CHANGES TO YOUR TRAVEL
We expect to be able to provide you with the Travel as confirmed in your Booking Confirmation. On occasions however changes do have to be made. In these circumstances we reserve the right to make amendments to the Travel which may (but is not limited to) consist of a change of accommodation or cruise boat. If an amendment is necessary we will substitute the accommodation or cruise boat to accommodation or a cruise boat of the same or higher standard at no additional cost to you.
8. CANCELLATION OF YOUR TRAVEL
We reserve the right in any circumstance to cancel the Travel for any reason. However we will not cancel the Travel within 61 days of departure unless it is for a reason outside of our control (see clause 17). If we have to cancel the Travel we will offer you:-
(a) Alternative travel arrangements of comparable standard and price, if available; or
(b) Travel arrangements of a lower standard and a refund of the difference in price, if available; or
(c) A full refund of all monies paid.
In the event that the holiday is cancelled because you have failed to pay on time the above will not apply and cancellation charges will apply.
9. YOUR RESPONSIBILITY
You are required to comply with the following to ensure that all Travel booked through us runs as smoothly as possible.
9.1 Once you have received the Booking Confirmation our cancellation charges will deem to be accepted.
9.2 We endeavour to provide you with accurate information regarding our Travel, all of which is available on our websites.
9.3 You must ensure that your passports and visas are up to date and meet any special requirements of the particular Travel destination. In the event that Travel is prohibited due to a passport or visa requirement not being met, full cancellation charges will apply.
9.4 You must take out adequate travel insurance.
9.5 You must take proper health advice about any specific needs as early as possible and ensure that vaccinations and preventative measures such as malaria tablets are taken early enough to be fully effective by the date of travel.
10.1 Transfer vehicles will vary depending on the number of passengers on any one transfer. Smaller groups will be transferred by mini bus or cruiser.
10.2 Not all transfer vehicles have toilet facilities.
11. SPECIAL REQUESTS
We will endeavour to meet any special requests however no special requests will be guaranteed unless made in writing by a director of Orbital Travel Limited.
12. OPTIONAL EXCURSIONS
12.1 In the event that you buy an optional excursion or activity (as distinct from the excursions which are included within your Travel price) these are provided by independent contractors which are neither owned nor controlled by us. In these circumstances the contract will be between you the client and the local company providing the excursion or activity and not us. The contract may be subject to the excursion/activity provider’s own terms and conditions which may seek to limit their liability to the client. Any such contract will also be governed by local law and jurisdiction.
12.2 We accept no liability for any breach of contract or negligent act or omission of any excursion/activity provider. Some excursions/activities may contain an element of risk or require a certain level of physical fitness. If in doubt you should make enquiries with the local excursion/activity provider before deciding whether to purchase the excursion or activity and check that you are covered by your travel insurance policy.
13. OUR LIABILITY
13.1 Subject to clause 13.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Travel and, subject to clause 13.2, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
13.2 Subject to clause 13.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
13.3 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
However in respect of travel by air, sea and rail we limit our liability to the extent of the relevant international convention. You can get copies of the relevant conventions if you ask us for them.
If a problem arises during your holiday, it is important that you advise the supplier and/or representative at the earliest opportunity so that they may endeavour to put things right. If your complaint cannot be resolved locally, ask our agent/representative to provide you with a report to complete. If you are on holiday in Egypt and the representative cannot provide you with a report please contact Talisman Travel on 00 2 095 2363 682 (office) or 00 2 0123 615373 (mobile). This should be followed up within 28 days of your return in writing giving your booking reference and all other relevant information. We cannot accept any liability in relation to a complaint or problem if you fail to notify us strictly in accordance with this paragraph.
15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Orbital Travel Limited at Manor House, High Street, Buntingford, Hertfordshire SG9 9AB. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) unavoidable technical problems with transport, changes imposed by rescheduling or cancellation of flights by an airline carrier or main charterer, the alteration of the airline or aircraft type; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) the acts, decrees, legislation, regulations or restrictions of any government; and
(f) pandemic or epidemic.
18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
18.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
18.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 16 above.
If any court or competent authority decides that any of the provisions of these Terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
20.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
20.2 We each acknowledge that, in entering into a Contract, neither of us relies on, [or will have any remedies in respect of,] any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
20.4 Nothing in this clause limits or excludes any liability for fraud.
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
21.1 We have the right to revise and amend these terms and conditions from time to time.
21.2 You will be subject to the policies and terms and conditions in force at the time that you order travel from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to bookings previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Booking Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Booking Confirmation).
22. LAW AND JURISDICTION
Contracts for the purchase of Travel through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.