Terms & Conditions These terms and conditions relate solely to the agreement between Orange Travel Group Limited and the Passenger. Definitions: OTG: Orange Travel Group Limited “OTG LTD” of 65, Birkirkara Hill, St. Julians, STJ 1143, Malta Organiser/Carrier: • NCL (Bahamas) Ltd, Continetal Europe Branch, Kreuzberger Ring 68, 65205, Wiesbaden, Germany • Royal Caribbean Cruises, 1050 Caribbean Way, Miami, FL 33132-2028, USA • Celebrity Cruises, 1050 Caribbean Way, Miami, FL 33132-2028, USA • Costa Crociere S.p.A. Piazza Piccapietra, 48 - 16121 Genova - Italy • TUI Cruises GmbH, Heidenkampsweg 58, 20097 Hamburg, Germany Customer/Traveller/Passenger: The person who takes or agrees to purchase the product being offered by OTG LTD. OBLIGATIONS OF ORANGE TRAVEL GROUP LIMITED OTG binds itself to receive payment from the passenger on behalf of the Organiser/carrier in relation to any booking made by the passenger with the Organiser/carrier relating to any service offered by the Organiser/carrier to the passenger and to ensure that proposals, bookings and claims are forwarded to the Organiser/carrier on behalf of the passenger. Upon placing a booking with the relevant cruise company, the contract between the Organiser/carrier and the passenger shall come into force and will be legally binding between the parties. Booking a holiday from this brochure implies the acceptance of both the conditions set by Cruise Company and those of Orange Travel Group Limited. Once you have completed and signed the booking form and paid your deposit, as indicated hereunder, and have been issued a receipt, the booking is taken as confirmed and it is understood that you have read and accepted the terms and conditions referred to above of which you shall be given a copy together with your booking form. The travel confirmation contains the significant details of your booked services. Should the services in the travel confirmation differ from those in the booking then a new offer will be presented by the Organiser/carrier. In this case you have 7 days in which to accept the new offer. During this period the offer remains legally binding for the Organiser/carrier. Should you accept the new offer in writing within 7 days then the travel contract will be completed on this basis. Alterations to the cruise itineraries are possible e.g. due to official regulations, particular shipping conditions, medical emergencies, or when, due to adverse weather conditions, the Captain decides to alter the route in the interest of the safety of the passengers. The Captain alone makes the decisions on necessary itinerary changes and/or travel times and OTG shall not be responsible for damages or losses that may arise due to such changes or alterations. The Captains’ decision as to the route, ports of call and embarkation and disembarkation of passengers is final and OTG LTD is not liable for any claims made by the passenger with regards to the decisions made by the ships’ captain. Special terms and conditions apply for the cruise lines in accordance to international conventions. The rights of passengers in relation to carriers is also regulated by EU Regulation 1177/2010. Please make sure that you study and understand the terms and conditions which will be given to you upon booking the cruise PAYMENT A deposit amount as stated on page 3 of this brochure must be effected in order to obtain a formal confirmation of your holiday. Full payment for your holiday must reach OTG at least 90 days prior departure and therefore you are requested to pay your travel agent at least 95 days prior to departure to allow the agent to effect payment in time. Should payment not be received by 90 days before departure, OTG shall have the right to consider your holiday as cancelled and charge all the applicable cancellation fees. Notwithstanding what is provided above, cancellation and rebooking fees are due immediately and such fees may be deducted from the Deposit paid to OTG without the need of any further notice, and this without prejudice to any right of action that OTG may have at law or in terms of this agreement to collect any outstanding balance. It is to be noted that OTG has appointed a number of agents or retailers in regards to the offers contained in this brochure. Nevertheless the moment you choose such an agent or retailer to effect payment to OTG, such payment is being made at your own risk. OTG bears no responsibility if money paid by you to third parties are not received by OTG within the terms set above and will not be bound to honour any obligations if the terms set in this agreement are not honoured fully. All prices published in the brochure are based in Euros and are per person sharing a cabin. Prices include: all port taxes and fuel surcharges applicable on the date of printing. In lawful circumstances and within legal scope, OTG reserves the right to pass on any increases in the costs of transportation, taxes and exchange rates, provided the date of travel does not fall within 21 days from departure. This is applicable exclusively for fare changes where cost factors were subject to unforeseeable changes after the conclusion of the contract. Significant and unpredictable reasons for a price increase are e.g. the increase in public dues, the increase in value-added tax, changes in the world oil prices, changes in harbour dues, or, in particular cases, a more than 10% increase in the EURO vs. US-Dollar exchange rate. To the same extent an adjustment of the agreed travel fare is permitted should there be a change in the official passenger tariffs. As proof of the legitimacy of a price change,
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OTG will provide certification of each cost and rate increase for you to check. In case of alterations of prices or services OTG will contact you immediately but no later than 21 days prior to the scheduled sailing date. Increases after that date are not allowed. You have to assert your rights against OTG immediately after OTG has informed you about alterations of price. FINANCIAL ASPECT Prices published in the brochure are based on the cruise prices, land arrangements, port taxes and fuel surcharges valid at the time of printing (you will bear the cost of any tax and fuel surcharge increases that may be imposed following the date of printing). In accordance with law, any change to the costs mentioned above may result to in an increase in the prices. Increases due to currency fluctuations and tax and fuel surcharges do not give you the right to cancel your holiday without incurring cancellation fees. 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 OTG. Should you cancel your booking or not commence the holiday, OTG reserves the right to levy charges made for travel provisions and expenses incurred. When calculating the charges, OTG takes into account the services saved and the possible other use of the services. OTG 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: 340 to 120 days: 119 to 90 days: 89 to 60 days: 59 to 30 days: 29 days of less:
Deposit paid as stated on Page 3 25% of the total fare or deposit paid (which ever is higher) 50% of the total fare or deposit paid (which ever is higher) 75% of the total fare or deposit paid (which ever is higher) 100% of the total fare
BOOKING CHANGES Your booking can be changed upon request and will be subject to the availability (rebooking) at that time. This can be done until 30 days before date of travel. OTG charges the sum imposed by the relative cruises and airline companies. Should you wish to make a rebooking less than 30 days before date of travel, then booking changes can only be made, if at all possible, by cancelling the travel contract subject to the cancellation fees indicated above. Any form of alteration made to the date of travel, destination or place of commencement, accommodation, the cabin or mode of transport is considered as a change. Any special requests made by the passenger together with his booking shall be communicated by OTG to the carrier, however, unless the carrier shall have confirmed in writing to the passenger that such special request will be entertained, such special request shall not be a part of the booking or form part of the contract between the passenger and the carrier. In any case, OTG shall bear no responsibility or liability in relation thereto. 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 with the Organiser/carrier. OTG reserves the right to decline making such a request on your behalf or that of the third party should the third party not meet the travel requirements or should there be legal restrictions or an official directive against his/her parcticipation. 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 in your stead. FLIGHTS The right is reserved to substitute alternative airlines and/or aircraft if necessary. Flight timings are subject to confirmation and alteration. 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, we accept no liability for extra costs or consequential loss arising, directly or indirectly therefrom. The Traveller understands and agrees that these are issues beyond OTG”s control.. All flights are non-smoking. NAME CHANGES At time of booking all passengers names need to be submitted to OTG. Names need to be congruent with the valid passengers’ passports. OTG reserves the right to pass on the relevant charges applicable at the time for name changes after the option is confirmed, and the Customer shall pay the fee that shall be determined at time of name change particularly when flights are included. CHANGES The Cruise Ship Management reserves the right to change the itinerary for reasons including but not limited to bad weather or industrial action, in which case neither the cruise company nor OTG are liable to pay any form of compensation for the missed ports or the change of programme. If any portion of holiday is lost for reasons including but not limited to natural disasters, bad weather, industrial action, war, government restrictions or any matter of force majeure, neither The Cruise Ship Management nor OTG or their subcontractors can be held liable to pay compensation for damages incurred. In the event that a ship is prevented to enter a port in order to either embark (to start a cruise holiday), or disembark (to finish a cruise holiday) for reasons including but not limited to bad weather, industrial action, or such unexpected circumstances, OTG shall be responsible to convey the passengers to the next possible port of embarkation or disembarkation but it
