GENERAL TERMS AND CONDITIONS
These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you purchase travel related services through us, in addition to your obligations as a customer. The terms “we”, “us”, and “our” refer to The OMJ Company Ltd trading as (“Omarjee Holidays”). The term “you” refers to the customer visiting our website, booking a reservation through us or otherwise using our services.
OUR AGREEMENT WITH YOU
1.1 PRODUCTS AND SUPPLIERS
1.1.1 We sell various travel-related products from different suppliers and service providers (“Suppliers”). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them.
1.1.2 We act as an intermediary or a “Booking Agent” for products and services that we do not directly supply (e.g., air carriage, ground transportation, transfers, hotel accommodations, insurance, meals, tours, cruises, packages, etc.). We are not a co-vendor of such products and services.
1.1.3 All airlines’ tickets are subject to supplemental price increases that may be imposed after the date of booking. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. We may charge you additional sums to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof.
1.2 DEPOSITS AND PAYMENT
1.2.1 Any deposits from you are non-refundable. Payment of a deposit enables us to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive full payment and other travel documents have been issued, subject to any terms and conditions of the Supplier. We will advise you of the date that full payment is required. Upon your provision of your payment information, you are authorizing us to make the payment arrangements with the corresponding Suppliers.
1.2.2 We reserve the right to refuse personal cheques as a method of payment. After full payment, the conditions of the contract with your Supplier may permit them to increase the cost of your arrangements. If we are acting as your Booking Agent, we will pass on any such increase to you as we become aware of such increase. If we have arranged a package, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your travel arrangements may change after you have paid in full.
1.3 CANCELLATIONS AND CHANGES
1.3.1 Your contract with the Suppliers may allow them to cancel or amend bookings. Being your Booking Agent, we will ensure that you are promptly notified of any significant changes once we become aware of such change if there is time before your departure, but we accept no liability for any changes or costs incurred that may result. Subject to the Supplier’s terms and conditions, you will then have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements if one is made available by the Supplier, or cancelling your booked arrangements with a penalty fee applicable. We do not guarantee that any refunds will apply.
1.3.2 If you have booked a flight and we are alerted to a significant schedule change by the airline before you leave the country, we will contact you by email, and/or telephone to advise you of any changes occurred. Please ensure that you have given your contact details, email address & telephone numbers to us and that you regularly check for messages before you leave. We have no control over airline schedule changes and accept no liability for costs which may arise as a result of such changes.
1.3.3 After you have left the country, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked. We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight. Please note that for some airlines it is mandatory to confirm your seat prior to departure.
2. YOUR AGREEMENT WITH US
2.1 YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
2.1.1 By booking your arrangement with us or using our website, you are agreeing to be bound by the terms of this Agreement, including Parts 1-3 of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements or use of any website content. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due. You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you are being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
2.1.2 You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you, or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those using your name or account.
IF YOU CHANGE YOUR BOOKING
2.2.1 Where a change requested by you to your travel arrangements is permitted and possible, our standard service fees will apply in addition to any additional Supplier charges. Please contact your original booking agent to enquire about changes or send a mail to firstname.lastname@example.org to the attention of your travel consultant. Please note that all reservation changes are subject to availability and the terms and conditions of the product purchased.
2.2.2 Changes to name details are not allowed by many airlines and other Suppliers. While we will endeavour make such a change, if necessary, please bear in mind that most airlines and Suppliers treat a name change as a cancellation, to which standard conditions and charges would apply.
2.2.3 Flights must be taken in the sequence they appear on your ticket or e-ticket confirmation. If you plan not to take a flight as booked, please contact your travel agency or the airline as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as a ‘no-show’, which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your ticket void.
2.3 IF YOU CANCEL YOUR BOOKING
2.3.1 If you cancel your arrangements, subject to all applicable terms and conditions, you may be entitled to a partial refund or no refund. In addition to the cancellation terms and conditions of your Supplier(s), our standard fees will apply as may be outlined on your receipt or booking confirmation. We need to receive from you your original voucher before any applicable refund can be considered. If you decide to cancel arrangements before the balance due date, any deposits paid are non-refundable.
2.3.2 Refunds will only be paid to you once we have received the funds back from the Supplier(s). Generally, flight tickets cannot be refunded if they are partially used. We are not responsible for a Supplier’s failure to pay a refund.
2.3.3 If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
2.4 IMPORTANT NOTICE REGARDING AIRLINE RESERVATIONS
If you arrive at the passenger check-in counter with your confirmed ticket and find that the airline shows no reservation for you – do not leave the counter. the Airline policies typically require them to accommodate you on that flight, or if that is not possible, they must either find you a substitute flight. If necessary, ask to speak to a supervisor.
2.5 IF YOU HAVE A COMPLAINT
If you have a problem during your holiday, please inform the relevant Supplier (e.g. your hotel) immediately. Should they be unable to resolve the matter, please immediately contact us either through the office where you made your arrangements, through email@example.com or www.omarjeeholidays.com or on our tel no (+230)-670-6666. If you fail to timely contact us, we will not have the opportunity to investigate your complaint and attempt to rectify any error while you are away, and this may affect any refunds if available.
2.6 TRAVEL DOCUMENTS AND DESTINATIONS
2.6.1 It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
2.6.2 Prior to booking international travel, we recommend that you review any Government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk
2.7 PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
2.7.1 It is your responsibility to fullfil the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these requirements with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
2.7.2 You are also required to carry a valid International Student I.D., and International Youth I.D. or an International Teacher I.D. card if you are traveling on a special student/youth/teacher ticket. It is your responsibility to verify this with our travel expert who is assisting you.
2.8 Travel insurance is a vital part of your arrangements. We strongly recommend that you have taken out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements. We may be able to arrange travel insurance to be provided to you, furnish you a quote, and answer any queries you may have regarding the insurance.
2.9 TRAVEL ADVICE AND VACCINATIONS
You should refer to the travel advice posted by W.H.O for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your sole responsibility to ensure that you have arranged all necessary vaccinations for your itinerary.
2.10 Hazardous Materials Disclosure
2.10.1 All applicable laws strictly forbid the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result arrest, prosecution leading to imprisonment and/or fines and prohibition from travelling. Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives, and radioactive materials. Examples: paints, lighter fluid, fireworks, tear gases, oxygen bottles and radiopharmaceuticals.
2.10.2 There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. For further information review the information found at TSA’s prohibited items webpage at http://www.tsa.gov/traveler-information/prohibited-items.
3. ADDITIONAL TERMS
3.1 USE OF OUR SERVICES AND WEBSITE
3.1.1 You agree you will only use our website or services to make legitimate reservations or purchases and shall not make speculative, false or fraudulent reservations or reservations in anticipation of demand. You will only use our website and services in compliance with applicable law.
3.1.2 Without our prior written permission, you may not (a) access, monitor or copy any content or information on our website using any “robot”, “spider” or other automated or manual device or program, (b) deep link to any portion of our website, or (c) “frame” or incorporate any portion of our website into any other website.
3.2 PRIVACY AND DATA PROTECTION POLICY
3.2.1 You consent to our processing and sharing of personal data/information about you and other members of your party that you have provided to us in accordance with the general terms and conditions.
3.3.2 Aligned with our Data Protection obligations under the Mauritian Data Protection Act 2017 and the General Data Protection Regulations we shall process the following data:
- 1. Name
- 2. Proof of Address and/or Mailing Address
- 3. Email
- 4. Phone number
- 5. Age
- 6. Sex
- 7. Marital Status
- 8. Nationality/Citizenship
- 9. All Relevant Passport Information
- 10. National Identity Card Number
- 11. Source of Funds (for payment)
3.3 INACCURACIES OR ERRORS
3.3.1 The information, software, products, and services provided by us or our suppliers or published on our website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of and disclaim all liability for any errors or other inaccuracies relating to such information that appears on our website.
3.3.2 We expressly reserve the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
3.3.3 We reserve the right at any time to modify this Agreement without prior notice to you. Please refer to our website at www.omarjeeholidays.com from time to time to review the most current version of the Terms & Conditions.
3.4 FORCE MAJEURE
3.4.1 In this Clause, “Force Majeure" means an event beyond the control of the Authority and the Operator, which prevents a Party from complying with any of its obligations under this Contract, including but not limited to: act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo; rebellion, revolution, insurrection, or military or usurped power, or civil war; contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly; riot, commotion, strikes, go slows, lock outs or disorder, unless solely restricted to employees of the Supplier or of his Subcontractors; or acts or threats of terrorism
3.4.2 Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control such as force majeure, the consequences of which we could not have avoided even with all due care; or where applicable, we have to cancel because the minimum number of bookings necessary for us to operate your trip has not been reached.
3.4.3 Very rarely, we may be forced by force majeure to change or terminate your trip after departure but before the scheduled end of your time away. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
3.4.4 For the purpose of this Clause and the whole agreement, the COVID-19 pandemic shall be considered as a force mejure.
3.4.5 As the worldwide COVID-19 corona-virus pandemic remains ongoing at this time, I acknowledge that for this reason, and other reasons not reasonably foreseeable at this time, these travel plans may be interrupted or canceled by the supplier that is providing them, a government entity or other third party over which Omarjee Holidays has no control.
3.4.6 I further acknowledge that the supplier's own cancellation, re-booking and refund policies, subject to any applicable law that is now or may later be in effect, will govern my rights and remedies, including my right to receive a refund, in such an event
3.4.7 Moreover, I understand that should I elect to purchase travel insurance, the terms of the policy will dictate whether, and to what extent, coverage for any financial loss may exist under the circumstances. By signing below, I hereby agree to hold Omarjee Holidays harmless and release the agency from any and all liability for any damages, including but not limited to monetary losses, I may incur as a result of such interruption or cancellation of these travel plans.
3.4.8 By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while traveling. Such exposure or infection may result in personal injury, illness, permanent disability, and possible death.
3.4.9 I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with Omarjee Holidays.
3.4.10 As travel opens around the world, all destinations, airports, air carriers, hotels, restaurants, transfer companies, car rental companies, shops and excursions have established COVID-19 safety measures and precautions which may change from day to day. These safety measures may include, but are not limited to: curfews, attraction closings and reduced hours, size of group gatherings, social distancing requirements, health screenings, self-quarantine requirements and COVID test results. By signing this agreement, I accept ultimate responsibility for myself and my traveling party to have all the necessary provisions for travel (such as COVID test results, pre-travel questionnaires, etc.)
3.4.11 I understand that I should assume responsibility for the necessary documents (such as COVID test results, pre-travel questionnaires, etc.) considering COVID-19, in order to travel to my specific destination.
3.5 GOVERNING LAW
3.5.1 This Agreement is governed by the laws of the Republic of Mauritius and both parties agree to submit to the jurisdiction of the Mauritian Courts at all times.