Terms   Ornek Holidays Booking Agreement It is our wish that you thoroughly enjoy your Ornek holiday and therefore we would urge you to read the following booking conditions and important information before booking your holiday. We hope you will find the information useful. Your holiday contract will be with Turstful Turizm Ticaret Sti. as Ornek Holidays. If there is anything you do not understand or want to know, please contact us as soon as Possible. The following conditions, together with the relevant information set out in this website, will form part of your contract with Ornek Holidays. If you had not seen these terms and conditions when youmade your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full, provided you have not commenced your travel. This clause does not apply if your booking was made within 10 weeks of travel. 1. Your Holiday Booking When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. Your contract with Ornek Holidays is made once the following steps have been fulfilled a) you have paid the required deposit (see booking form for full details) together with the correct insurance premium (if required) b) Ornek Holidays confirmation invoice has been sent to you. Your contract with Ornek Holidays commences on the date of issue of your invoice. You must check your confirmation invoice carefully and raise any queries with Ornek Holidays immediately upon receipt. This contract is made on the terms of these booking conditions, which are governed by TRNC Law, and the jurisdiction of the TRNC Courts. Ornek Holidays reserve the right to refuse or retain any booking at any time. 2. Your Holiday Payment For all holidays, full payment must be made to Ornek Holidays at least 8 weeks prior to departure. If you book less than 8 weeks prior to departure you must pay the full price of the holiday when you book. Payment may be made by credit card or Electronic Funds Transfer. Payment by American Express is acceptable subject to a 2%surcharge. Please note failure to pay on time will result in cancellation. 3. Late Bookings For bookings made within 8 weeks of departure an administration fee of £15 per booking will be charged for any requests to suppliers i.e airlines and hotels to confirm extra space for the booking. 4. If You Alter Your Confirmed Booking If you wish to alter or transfer your booking to another date or holiday, after we have sent you our confirmation invoice we will do our best to arrange this. You must write to us with details of the alteration requested. There will be an administration charge of £60. You will also be required to pay any additional costs or price differences arising from the alteration. Changes made 55 days or less before departure will also incur cancellation charges in addition, see point 7. 5. Transferring a Booking If you are prevented from travelling, we may allow you to transfer your booking to another person on receiving reasonable notice. However the arrangements must remain exactly the same save for a name change. Suppliers e.g. airlines and hotels may charge a cancellation fee up to 100% of the arrangements which must be paid by you. In cases where transfers are allowed we charge a transfer fee of £50 or £80 if the transfer is less than 8 weeks before departure, plus any charges that may be levied by suppliers. 6. What Is Included In Your Holiday Price • The services of a Ornek Tour Leader or Local Representative • Economy class airfare on scheduled or charter flights on IATA carriers and other airlines from the UK as per the itinerary (does not apply to land only packages). Airfares are based on group travel and changes of reservations are not permitted without the confirmation of Ornek • 20kgs baggage allowance or on selected routes eg USA/Caribbean 2 pieces of luggage (dimensions not exceeding 1 at 62" and 1 at 55") plus 1 piece of hand baggage of no more than 5kg (dimensions not exceeding 45" unless otherwise stated) • Double room accommodation per couple (unless otherwise specified) and sightseeing as specified in the itinerary • Meals as shown on our invoice • Transfers between airport and hotel in resort unless otherwise stated. Not Included Not Included Holiday Insurance, personal expenses (drinks, laundry etc), visa fees, overseas airport taxes, excess baggage charges, local charges for facilities and equipment made by hotels and other suppliers, any government taxes or compulsory charges introduced by government or suppliers after publication of this brochure. See also 'Surcharges', paragraph 10 below. 7. If You Cancel Your Holiday Should you wish to cancel your confirmed booking, written notification must be received at our offices from the person who made the booking. Verbal notification is not sufficient. The following charges will apply from the date on which written notification is received by Ornek Holidays to compensate Ornek for estimated losses and expenses. For scheduled flights, 100% cancellation charges may apply regardless of the time you tell us. The figures are expressed as percentages of the total holiday price excluding insurance premiums and administration charges which are forfeited in full. If the reason for your cancellation is covered under the terms of your insurance policy (whether arranged through Ornek or otherwise) and you follow the procedure laid down by the insurers, you may be able to reclaim the cancellation charges, subject to any policy excess. Your Holidays More than 55 days prior to departure - loss of deposit 36 - 55 days 35% of the total cost of the holiday 22 - 35 days 50% of the total cost of the holiday 11 - 21 days 80% of the total cost of the holiday 1-10 days 100% of the total cost of the holiday 8. If You Have A Special Request If you have a special request that does not form part of the arrangements described in this brochure please check with us when you book and inform us in writing. We will pass on your request(s) to the relevant supplier but we cannot guarantee that requests will be met and they do not form part of our contracted obligations. Requests for special inflight meals etc should be made at the time of booking and clearly indicated on your booking form. Special requests made after your booking date must be confirmed in writing within 5 days of departure. We will make every effort to comply with your requests but cannot guarantee that they will be provided and strongly recommend that you repeat your request to the airline or hotel at the appropriate time. 9. If You Have A Complaint If you have cause for complaint whilst on holiday, this must be brought to the attention of the Ornek Holidays Tour Leader or Local Representative and the relevant supplier (e.g. hotelier, airline) immediately and who will endeavour to put things right. Failure to report your complaint in this way may jeopardise any claim you subsequently make. Should the Tour Leader, Local Representative or relevant supplier be unable to resolve the problem in resort you may be asked to complete a written report. Details of the complaint should in any event be notified to Ornek in writing at our head office within 28 days of the end of the holiday. Please remember to quote your holiday booking number. 10. Ornek Holiday Prices We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. Changes in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure. In this case we will absorb and you will not be charged for any increase equivalent of 2% of the holiday price, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means paying more than 10% of the holiday price you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the invoice. All prices quoted in this website are calculated and bought on rates of exchange in existence at the time of publication. 11. If Ornek Holidays Alters Your Booking Whilst everything will be done to provide the holidays shown in this brochure, Ornek may occasionally have to change your holiday arrangements or part of them. Ornek reserves the right to do so at any time. Most alterations are minor and should not affect the overall enjoyment of your holiday. In the case of minor alterations, we will do our best to notify you before departure. If we have to make significant alterations to your holiday arrangements we will notify you as quickly as possible. You may then: a) accept the change and the contract will be varied to incorporate the change. b) take an alternative holiday subject to availability. If the alternative holiday is of a lower price than that originally confirmed, the difference will be refunded to you. c) withdraw from the booking completely in which case Ornek will make a full refund of all monies paid by you except for any amendment charges paid. We will also consider an appropriate refund of insurance premiums paid to Ornek if you can show that you are unable to transfer or reuse your policy.Where any compensation is due this will be agreed on a reasonable basis and, where appropriate, the terms of International Conventions will apply. Compensation will not be payable if we have to make a significant change due to reasons of force majeure, see paragraph 12 below. Significant changes include the following: change of UK departure airport other than between Heathrow, Gatwick, Stansted, Luton and London City. Change of time of departure or arrival by more than 12 hours; change of resort; change of accommodation to that of a lower category. 12. If Ornek Cancels Your Holiday Cancellation may be necessary in exceptional circumstances and Ornek reserves the right in its absolute discretion to cancel your holiday at any time. If this occurs you will be offered an alternative holiday of comparable standard (if available) together with a refund of any price difference or a full and prompt refund of all monies you have paid, except for any amendment charges. In no case, except for reasons of force majeure or where you fail to make payment in whole or in part will your holiday be cancelled within 8 weeks of departure. Force majeure means unusual and unforeseeable circumstances beyond Ornek control or the control of our suppliers, the consequence of which neither Ornek nor its suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity, (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers. Ornek will not pay any compensation, nor be responsible for any costs or expenses incurred by you as a result. 13. Minimum Numbers Each of our tours is based on a minimum number and Ornek Holidays reserve the right to cancel a tour if such numbers are not reached. You will then have the choice of booking an alternative holiday with us, changing your departure date at the appropriate additional cost or reduction depending on the cost of the holiday, or a full refund, excluding any amendment charges paid. 14. Ornek Responsibility To You a) Our obligations, and those of our suppliers providing any service or facility on your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier are actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be proper performance of our, and our suppliers', obligations. Health and safety standards applicable to the services provided by us under this contract should meet the local standards applicable to your holiday destination. However you should note these standards vary widely across our programme and may not match those standards applicable in the UK. You must show that reasonable skill and care has not been used if you wish to make any claim. b) For claims which do not involve death or personal injury, we accept liability, subject to a) above and e) below, should any part of your holiday not be as described in this brochure or elsewhere by us before you leave the U.K. If we have lliability, we will, subject to paragraphs c) and f) and clause 15 below, pay you reasonable compensation. However, the maximum we will pay you in any circumstances is twice the price of the holiday. This maximum will only be payable when every aspect of your holiday has gone wrong and you have not received any benefit. Any sums received by you from suppliers, will be deducted from any sum paid to you as compensation by us. c)Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under EU law (Regulation 261/2004) (the “Denied Boarding Regulations”), then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier's actions and which fall within the scope of the Denied Boarding Regulations. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment. d) For claims which involve death or personal injury as a result of an activity forming part of your holiday, we have liability subject to paragraph a) above and e) below. If we accept liability, we will, subject to paragraphs f) and g) and clause 15 below, pay you reasonable compensation. e) We accept liability in accordance with paragraphs a), b) and d) above and subject to paragraphs f) and g) and clause 15 below except where the cause of the failure in your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is either attributable to you, or attributable to someone unconnected with the Package and is unforeseeable or unavoidable, or due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled. f) You are obliged to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation. You must also provide us with all assistance we may reasonably require. Finally, you must follow the procedures for the notification of complaints set out in the clause above entitled "If you have a complaint". g) Should you become ill while on your holiday, you must, in addition to reporting your illness to your accommodation provider, consult a local doctor and also consult your GP upon your return to the UK. Should you then wish to make a claim against us as a result of that illness, you must provide us with details of both the local doctor whom you saw and your GP, together with written authority for us to obtain a medical report from both those doctors. Our liability will also be limited in accordance with and/or in an identical manner to (a) the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and (b) any relevant international convention as set out in paragraph 14 below. You can ask for copies of the transport companies' contractual terms, or the international conventions by contacting us at our registered office. 15. International Conventions If any international convention applies to or governs any of the services or facilities arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, theWarsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of the provision of accommodation, the Paris Convention 1962, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. You can get copies of the relevant conventions if you ask us. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to your travel arrangements. 16. Accommodation Whereas it continues to be our basic principle to provide accommodation for single occupancy (without supplement) there are certain parts of the world, the USA for example, where there is a significant difference in the price for single and double occupancy (they sell a room not a bed). Therefore in order to keep our holiday costs as low as possible, we do sometimes quote both single and sharing prices. However where shared accommodation is the option chosen and it is not possible to match equal numbers then we reserve the right to charge a single supplement to the last person booked. Also, if it is not possible to match a smoker with another smoker, the smoker will be asked not to smoke in the room/cabin or to pay a single supplement. If any part of these Booking Conditions is found to be invalid, or unenforceable, then the remainder of the conditions will not be affected, and remain valid and enforceable. 17. Website Accuracy This website is planned and produced many months in advance of its commencement of validity. Every effort is made to ensure that the details, description and prices contained in the brochure are correct, based on inspections, and information passed to Ornek by its suppliers. However changes do occur, sometimes at short notice and therefore we will advise you at the time of booking, or if after booking as soon as possible of any such changes to our published information. It is not always possible for Ornek to control all elements of the holiday whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency repair works, etc. 18. Itineraries Many of these holidays involve travelling, touring, local flights or cruises, sometimes large distances and across borders. Whilst we make every effort to adhere to the itinerary printed it should be understood that changes may be necessary once the holiday has commenced due to influences such as weather, political, or transport conditions. 19. Changes Made After Travel If, after your departure, a significant part of your Package cannot be provided, you will be offered a suitable alternative if possible. If it is not possible to offer you a suitable alternative or, for good reasons, you do not accept the alternative arrangements, we will return you to the place of your departure. If appropriate, we will also pay you compensation, unless your return has been due to circumstances beyond our control. The amount of compensation will be reasonable, taking account of all the circumstances. Important Information INSURANCE It is imperative that you are adequately insured for overseas holidays ensuring that your policy provides, in particular, cover for medical expenses, emergency treatment and repatriation where necessary. If you wish to arrange your own insurance, details should be entered on your booking form and a copy of the policy given to your Tour Leader. GRATUITIES From time to time there is confusion on the question of gratuities, since it frequently depends on the type of holiday and the actual location as to what is normally expected. As a rough guide, it is advisable to allow £1.50 per day in beach resorts, £2 per day on tours and long haul and £3 per day in the USA. Gratuities on cruises are around £6 per day (in some cases they are included). In order to simplify matters we will give appropriate guidance in the information sent with your travel documents and in most cases we suggest that the Tour Leader makes a collection from each member of the group for appropriate distribution. HOLIDAY SEASONS Some destinations featured in this brochure do have quieter 'off peak' periods when you can take advantage of uncrowded beaches and more personal attention from hotel staff at value for money prices. At this time hotels and local bars and restaurants may scale down some of their facilities to match demand. This also applies to the Ramadan period (1-30 Sep 2008) in some destinations. OUR STAFF To enable us to offer you an efficient and professional service, we are committed to ongoing training, part of which sometimes involves the recording of phone calls. MEDICAL CONDITIONS In your own interest, you must be confident that your medical and physical condition is suited to the holiday you have chosen. If in doubt please consult our reservation staff or your doctor and be sure to advise us on your booking form of any condition we should be aware of. Tour Leaders will not be in a position to provide extra assistance to any individual which could reduce their effectiveness for the rest of the group. We appreciate that some clients may have special needs, and/or specific requirements to enable them to enjoy their holiday. Please ask for our 'Special Needs' form, so that we can assess your position in relation to the holiday required. Please note that we may not be able to provide the holiday of your choice. INAPPROPRIATE CONDUCT Any person considered to be behaving in an antisocial manner and/or under the influence of alcohol or drugs may be refused boarding or removed from any flight. If in our reasonable opinion or in the opinion of our Tour Leader, a Hotel Manager or other person in authority, your behaviour is causing danger, damage or affecting the enjoyment of others, we reserve the right to terminate your holiday. Such individuals may also be liable for prosecution. Ornek Holidays can take no responsibility for any additional expenses incurred or loss of holiday by individuals in any such circumstances. The company cannot accept any responsibility for the actions of other people outside its control. CLIMATE & CONDITIONS Alongside every tour we list an average maximum daily temperature for that destination. Please bear in mind that this information is for guidance only. Climate changes across the world in recent years have made it impossible to predict weather anywhere. If you plan to go on an activity or golf holiday, we must point out that poor weather can affect conditions, such as golf greens, which can take time to recover. It is never possible to predict the weather perfectly and we cannot be held responsible for the weather conditions at the time of your holiday. In particular hurricanes and tropical storms can affect the Caribbean and Gulf of Mexico regions, usually between June to November. As these storm's path and duration cannot be predicted accurately, if your holiday is cancelled or changed as a result of their actual or predicted effects, this will be included as an 'event beyond our control', see paragraphs 11 & 12 above. HEALTH & SAFETY We take the safety of our customers very seriously. If the Foreign Office advises that people should not visit a particular country we will tell you and try to arrange an alternative holiday for you. The Foreign and Commonwealth Travel Advice Unit may issue information about your holiday destination. You are advised to check for any announcements on BBC2 Ceefax (pages 470 onwards) on the internet at www.fco.gov.uk, or by calling 0845 850 2829. Standards of hygiene and safety in other countries may differ from those in the UK so please take care, particularly with your choice of food or drink. The suppliers we use are required to meet local health and safety standards and where possible we work with local suppliers to raise standards. However you must take all reasonable precautions to protect yourself while on holiday. In particular note fire procedures (alarm systems may not always be present), the design of swimming pools (lifeguards are unlikely to be present) and the height of balconies (which may be lower than expected). Note that areas around your holiday accommodation do not form part of your booking, for example the sea, beaches, roads, mountains and ski lifts etc and that you are also responsible for taking reasonable care for your own safety in these areas.Where our Tour Leaders recommend or use establishments as part of their resort services to you, please note their use of such establishments is operated in good faith and based upon their own views and experiences and therefore contain elements of subjective opinion. Crimes against people and property are a fact of life throughout the world and you have the same responsibility for your personal safety as you do at home. In some destinations the local police may not be very co-operative or interested when theft is reported or insurance confirmation is needed, so please take great care of your property. AIRLINES AND AIRCRAFT We reserve the right to substitute airlines and/or aircraft, or change the destination airport. Such changes will not constitute a significant alteration as defined in Clause 11 of the Ornek Booking agreement. Should you wish to cancel your holiday as a result of such a change, cancellation charges will be applied in accordance with Clause 7 of the Ornek Booking Agreement. Direct flights are flights where there is no change of aeroplane en route. They are not necessarily non-stop. Flight Timings Where flight timings are given, they are for your guidance only, and you should refer to your tickets for the actual flight times, although there will be occasions when thesemay also change. Delays Regrettably we cannot guarantee that your flight will not be subject to delay.Whatever the nature of a delay, these are the responsibility of the carrier, and subject to their Conditions of Carriage. Your attention is drawn to Clause 15 of the Ornek Booking Agreement in this respect. The provision of subsistence, and/or accommodation, during the period of a delay, is also the responsibility of the carrier. In the event that a delay results in lost holiday time, Ornek cannot make any refund of unused accommodation or meal arrangement, as they are not re-sold, and full cancellation charges will be applied by the hotel. No adjustment can be made to the holiday arrangements to take account of a delay. Please pay particular attention to the above when booking your own independent domestic flights, train or taxi connections, and allow sufficient time. Ornek cannot accept any liability for missed connections, cancellation charges, or other consequential loss resulting from a delay, unless the arrangements in question are booked by us as a part of the inclusive package. Due to the nature and timing of aircraft chartering and scheduling, we cannot confirm at the time of going to press the precise airline for charter flights, nor the precise type of aircraft for charter or scheduled flights on each individual tour. DATA PROTECTION POLICY In order to process your booking and to ensure that your travel arrangements run smoothly, and meet your requirements, Ornek need to use the information you provide, such as your name and address, any special needs/dietary requirements etc.We take full responsibility for ensuring that proper security measures are in place to protect your information.We must pass this on to relevant suppliers of your travel arrangements, such as airlines, hotels, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as the police or customs/immigration, if it is required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in the destination may not be as strong as the legal requirements in this country.We shall not, however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give us such as details of disabilities, or dietary/religious requirements. If, however, we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot make your booking and will not be able to provide your holiday. In making a booking, you consent to this information being passed on to the relevant persons. You are entitled to a copy of the information held by us. If you would like to see this, please contact us.We may make a small charge for providing this to you. INSURANCE It is essential that you are adequately insured when you travel . MONEY BACK GUARANTEE If you are not happy with this policy you may return it to us within 14 days of receipt, with a written request to cancel the insurance provided there has been no claim made or travel undertaken. For further information, please contact us on 020 8951 2800 Ornek Holidays Privacy Statement 1. How Ornek Holidays uses the information collected? We do not collect any personal information, whilst you are browsing our website, the only information we collect is that given to us by you. When you book a holiday or request a brochure, we will need to collect certain personal information such as your name, address and contact numbers to ensure a swift response. We will use this information when contacting you, regarding your holiday or any other products offered by Ornek Holidays. We will not pass on your personal information to any third parties. 2. Where your personal information is stored? All of your personal information is stored at secured locations. 3. What is a cookie and does Ornek Holidays use cookies? Cookies are used to retain your personal information; this means you do not have to type this information over and over again. We do not use cookies on your website to capture any information. 4. What if the privacy statement changes? If any changes are made to the privacy statement, they will be updated here. 6. Opt-out policy From time to time Ornek Holidays may send you e-mail newsletters, which you may have previously opted-in for. If you wish to be removed from the database then please click the unsubscribe link at the bottom of the newsletter. 7. Links to third party sites Our website contains links to other sites, Ornek Holidays is not responsible for the privacy statements of these sites or its content. 8. Contacting Ornek Holidays If you have any questions with regards to the privacy statement, please contact Ornek Holidays.