The following conditions, together with the relevant brochure / website descriptions, form part of your contract with Orange & Black / H-C Travel Ltd. It’s the one place we have to get technical, so apologies in advance for the legalistic wording.
1. Financial and Legal Protection. We take our responsibilities to you seriously.
Orange & Black is a trading name of H-C Travel Ltd, a company registered in England, 04204028, trading at 16 High St, Overton, Hampshire, RG25 3HA, UK.
H-C Travel Ltd is member T7861 of the Travel Trust Association (TTA). All moneys for accommodation, tours, rentals and other ground arrangements paid to H-C Travel are held in an independently controlled trust account and insured against theft or fraud, as required by the UK package tour and travel regulations 1992. The account is monitored weekly for compliance by the TTA trustee. For information regarding the TTA visit: www.traveltrust.co.uk.
H-C Travel Ltd is bonded by the Civil Aviation Authority, ATOL number T7002, to protect your travel arrangements if you book your flights with us. For further information contact the CAA, 45-59 Kingsway, London WC2B 6TE or visit: www.atol.org.uk.
H-C Travel carries £5 million professional liability and £1 million indemnity insurances worldwide.
H-C Travel Ltd is registered for VAT in the UK, no. 776 0501 31.
2. The Contract. A contract exists once a booking has been made ‘definite’ by telephone, email or letter AND a confirmation invoice has been issued by Orange & Black. In signing the Booking Form you accept these conditions, and on behalf of all other persons named on the booking form and/or invoice, including anyone added subsequently. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these Terms & Conditions and agree to them.
As well as completing and signing our booking form, you may be asked by our suppliers to sign a contract with them which will subject you to their terms and conditions and the laws of the country in which the tour/rental takes place. This does not affect your statutory rights under English law.
3. Reservation and Payment. A £500 deposit per person is required to make a reservation unless otherwise stated. Balances are always due no later than 10 weeks in advance of your date of departure. You will not receive reminders or statements. Make balance payments by debit card, bank transfer, cash and cheque.
4. Travel Insurance. It is a condition of booking that you have appropriate travel insurance, which offers cover while motorcycling. This is NOT a part of your tour or rental cost. If you do not take out the policy offered by Orange & Black, you MUST provide written evidence of appropriate cover prior to your departure date. It is your responsibility to provide this. Orange & Black accepts no responsibility for a customer’s failure to arrange appropriate cover or to provide us with details.
5. Prices. Prices shown in brochures and on our website are correct at the date of release. Orange & Black makes every endeavour to keep these prices, but changes in local regulations or exchange rates may lead to surcharges. Once your tour is paid in full, we will not surcharge.
6. What is Included. Please see the brochure / website information specific to your tour.
7. What is not Included. Excluded from all prices given (unless specifically stated) are personal travel insurance, flights, visas (where applicable), pre-and post-tour accommodation and single room supplements. All of these items can be booked through Orange & Black. Also excluded (unless specifically stated) are fuel, oils, clothing, food, drink and souvenirs, and additional request items. Such costs are specified where relevant and are your responsibility.
8. Flights. If we book your flights at the same time as and as a part of your holiday arrangements, everything we book for you is ATOL protected. If you book your flights elsewhere then you have no ATOL protection. ATOL protection extends primarily to customers who book and pay in the UK. Airline failure insurance is provided on all flights booked through Orange & Black. Any changes to flight schedules are outside the responsibility of Orange & Black.
9. Passports / Visas. You must have a valid passport with at least 6 months’ validity after your return date. It is your responsibility to ensure this, to ensure that you comply with the entry regulations for the country(ies) you are visiting, to obtain and pay for any visas that may be required, and to take all necessary documentation. Orange & Black will not be liable if you fail to discharge these responsibilities.
10. Amendments. Booking amendments by you following issue of a confirmation invoice and/or receipt of full payment must be made in writing and incur a fee of £25.
11. Cancellation by Customer. Cancellation is only effective when written notification is received by Orange & Black. It is your responsibility to ensure such notification is received.
71 or more days prior to departure, loss of deposit
70-36 days prior to departure, 50% cancellation charge
0-35 days prior to departure, 100% cancellation charge
A no-show always incurs 100% cancellation charge
Flight cancellation charges are in accordance with the airline’s ticket rules, and not with the scale above.
12. Cancellation by Orange & Black.
(a) Orange & Black reserves the right to cancel tours/rentals up to 14 days prior to commencement. Orange & Black is obliged to give you as much warning as possible of any cancellation, and will make every endeavour to offer an alternative. If there is no suitable alternative, then the tour/ rental cost will be refunded in full, which will constitute full settlement. Orange & Black is under no obligation to refund the cost of additional arrangements not made with Orange & Black or costs associated with the cancellation.
(b) Orange & Black and its suppliers reserve the right to accept, decline or retain any customer from any tour/rental at any time, and to cancel any contract on grounds of non-compliance with these Terms and Conditions, those of our supplier, local traffic regulations or our requirements for group travel. In such circumstances no refund will be due. Customers agree to accept the authority and rules of Orange & Black and its suppliers, guides and outfitters.
13. Refunds. There are no refunds if you curtail a tour or rental.
14. Tour numbers. All Orange & Black road tours run with 8 – 15 riders (plus guide(s)). Orange & Black adventure tours in Asia run with 5-10 riders. The maximum number will not be exceeded. Should we have less than the minimum number of riders on tour then we reserve the right to reduce the tour support. You will then be escorted by one of our experienced guides using our support van. There will not be any reduction in the service levels or loss of tour guide expertise. In this event Orange & Black will advise customers no less than 2 weeks before the start date of the tour. If you are not satisfied with this revised arrangement you will be offered an alternative tour date without surcharge. This change is not grounds for cancellation, partial refund or surcharge.
15. Tour Description. While every effort is made to be as accurate as possible in our brochure descriptions, Orange & Black reserves the right to amend tour itineraries before travel, and to amend itineraries during a tour if, in the professional opinion of the tour guide, it is required by local circumstances or the number or riding ability of the tour participants.
16. Motorcycle Type. Orange & Black understands the importance of providing you with the model of motorcycle you have requested, and always tries to ensure that you are allocated that model. However, we do reserve the right to supply an alternative motorcycle, if for any reason the model requested is unavailable even if you have taken out a model guarantee (the cost of the guarantee will then be refunded). The model offered will be of a similar or higher specification.
17. Vehicle Suitability. All of our motorcycles are locally registered, owned and insured, and supplied. If for any reason you are dissatisfied with the motorcycle or other services provided upon collection, you must report this immediately to the supplier, and if necessary, to Orange & Black. Later complaints will not be accepted.
18. Mechanical Difficulties/Accident. In the event of mechanical breakdown or accident, report this immediately to the rental location. Do not undertake repairs without the prior agreement of our supplier. In the event of an accident, always report it to the police immediately, obtain an accident report number, and notify our supplier. Our supplier will make every effort to provide repair facilities or a replacement motorcycle, but is not obliged to do so.
19. Security/Damage Deposit. You are always required to leave a deposit at the start of your tour/rental, usually equivalent to the insurance excess (deductible). Any damages will be advised and deducted by the supplier.
20. Driving Licence. You must have a full UK driving licence valid for group A vehicles (motorcycles, unrestricted), or national equivalent if you are not a UK resident. An international driving licence may also be required in non-English speaking countries, but is not sufficient in itself. If riding a trike, you must also have previous experience riding a trike. You must take your licence with you, or your rental will be declined and not refunded.
21. Age and Experience. Minimum age for riders is 21 years. It is your responsibility to ensure you meet any requirements. Neither Orange & Black nor our motorcycle rental partners will be held liable for your failure to meet the stated requirements. There is no fixed maximum age for riders and passengers.
22. Pillion Passengers. Passengers / non-riders are welcome on all tours. Only pillions notified to Orange & Black and signing the supplier’s rental agreement may be carried. Pillions must be 10 years of age or older.
23. Helmets. It is a condition that you wear an approved crash helmet at all times when riding a motorcycle on a tour booked with Orange & Black. We are sometimes able to provide helmets locally, but we strongly encourage you to take your own. Orange & Black and our suppliers accept no liability for the condition or comfort of any crash helmet.
24. Special Requests. Please notify Orange & Black of any special requests you may have at the time of booking (e.g., diet, disability, allergy, anniversary, birthday). There may be additional charges for any such requests. Orange & Black will try to arrange special requests to be met, but cannot guarantee that they will unless a supplement is charged.
25. Riding Areas. You must not leave the country, you must not travel on private roads, and motorcycles must not be taken off-road. Breaches of restrictions may invalidate travel and motorcycle insurances. When group touring, it is your responsibility to follow any instructions and information issued by the tour guide.
26. Your responsibilities as a tour participant. As a tour participant you agree to follow the safety guidelines prescribed by the tour guide(s) and accept the following standards and terms.
– You must ensure that your ability to participate safely in the tour is not impaired by the consumption of alcohol or drugs in your social time. You agree to refrain from alcoholic beverages until the vehicles have been parked for the night. You must report to the tour guide if due to the consumption of alcohol or drugs, whether consumed during your social time or not, you are incapable of safely participating or may be a risk to the safety of others. Riding/driving privileges will be suspended for anyone under the influence of drugs or alcohol.
– If you operate a vehicle under the influence of alcohol or drugs you will be fully liable for any loss, liability, or damage you cause to any persons, property or equipment, including, but not limited to, the support vehicle. Orange & Black is not obliged to replace a vehicle you damage in these circumstances.
– Participants who intend to operate a vehicle provided by Orange & Black attest that they have at least 2 years of experience operating a motorcycle.
– You must ensure that you adhere to all applicable local laws and regulations, including any government directions or public health orders related to COVID-19.
– If you do not comply with local laws and regulations or do not practice safe group riding practices as described by the tour guide Orange & Black may terminate its agreement with you on notice and in that event all associated riding/driving privileges will be cancelled. You agree in this event all costs and expenses associated with termination, cancellation and repatriation arrangements will be borne by you.
27. Force Majeure. Orange & Black, our suppliers, guides and outfitters accept no responsibility for and shall not be liable in respect of any loss, damage, alterations, delays or changes arising from events beyond our control. “Events Beyond Our Control” means a situation which is beyond our or the supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, flood, epidemics and pandemics, fire, financial failure of suppliers, airport, port or airspace closures, restrictions or congestion, flight or entry restrictions imposed by any regulatory authority or other third party, a UK Foreign, Commonwealth & Development Office (FCDO) advisory against travel to a particular destination and any other government restrictions on travel. Except where otherwise stated in these booking conditions, we have no liability including for compensation, costs and expenses in such situations. While we will do whatever we can to help, any additional costs incurred are your responsibility.
28. Liability and Indemnity. You fully understand the risks in motorcycling, and you, your heirs, legal representatives, successors and assigns release H-C Travel, its officers, owners, employees, contractors, suppliers and affiliates from any and all legal claims, debts, actions and liability which may arise, directly or indirectly, from participating in any or all aspects of the offered tour, rental or other arrangement, for any loss, injury, death, damages to or in respect to any person or property however caused or arising.
29. Data Protection. We act in compliance with UK GDPR law, effective 25 May 2018. In order to process your booking, send you a brochure or respond to an enquiry, we need to collect personal data from you. This may include full names, addresses, emails, telephone numbers, credit/debit card details, passport information and special requirements (which may include sensitive data e.g. allergies and known medical issues.) All persons travelling agree to provide this data. This personal data is held by H-C Travel Ltd and will be processed solely for the purposes of providing our services to you. It may be shared with our suppliers and partners, but only for internal administrative purposes. This personal data will not be used for any other purpose except where such processing is required by any applicable law, regulation or governmental authority. We may also use your name and email address, where you have given express agreement, to update you on tours, events and news via our fortnightly e-newsletter. You can opt in or out of our email marketing communications at any time by following our newsletter subscribe or unsubscribe links. We never sell or pass on our data to any other parties.
30. Insolvency. 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.
31. Complaints. If you have a complaint about the service that you have received from Orange & Black or our supplier, we require you to do the following.
- Lodge the complaint with Orange & Black or our supplier as soon as possible during your holiday, in writing, to establish a contemporaneous record and to allow us the opportunity to rectify the cause of the complaint. Failure to do so may reduce or extinguish your legal rights. We reserve the right to dismiss any complaint that is not lodged until the completion of your holiday or later.
- If the issue is not resolved at the time, follow this up in writing to Orange & Black within 31 days of the completion of your tour or rental. All complaints will be acknowledged within 7 days of receipt, and we aim to respond in full within 31 days.
If your complaint remains unresolved, it may be referred (with your agreement) to an English Court of Law or the TTA for arbitration.
32. Jurisdiction. This contract and any matters arising from it are subject to the jurisdiction of the courts of England and Wales.