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Terms and Conditions, Payment Protection & Privacy Statement

A. Your Financial Protection

When you buy an ATOL protected flight or flight inclusive holiday from Oriole Birding Ltd ATOL 6839 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. 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. You also agree that any such claims maybe re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

 

From 1st October 2012 the following financial protection will apply “Many of the flights and flight-inclusive holidays in this brochure are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed [in this brochure/on this website]. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate”

 

B. For package holidays described on this website which do not include a flight and are therefore not covered by our ATOL, your payments are protected through the Total Payment Protection (topp) Policy cover:

 
In compliance with The Package Travel and Linked Travel Arrangements Regulations 2018 an insurance policy has been arranged with Travel & General Insurance Services Limited (t&g), to protect customers’ prepayments in the unlikely event of our financial failure and paid in respect of
- non-flight inclusive packages commencing and returning to the UK
- the ground handling aspects of packages where the customer is responsible for arranging travel to the destination offered on this website 
- non-ATOL flight inlcusive packages sold to customers outside of the European Economic Area [EEA]
for:

- a refund of such prepayments if customers have not yet travelled, or

- making arrangements to enable the holiday to continue if customers have already travelled

- repatriation of customers as may be applicable, subject to the terms of the insurance policy

 
Customers’ prepayments are protected by a topp policy.  
 
In the unlikely event of financial failure please contact the claims helpline on 01702 811397. A copy of the policy is available on request.
 
This policy is provided by Travel & General Insurance Services Limited (t&g), registered number 02527363 and underwritten by Hiscox Insurance Company Limited (Hiscox), registered number 00070234. t&g and Hiscox are authorised and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (number 113849)
 
So whichever holiday type you choose, you can book with confidence with Oriole Birding that your money is fully protected
 
C. Definitions
In these terms and conditions, 'you', 'your', 'traveller', and 'tour participant' means each person named on the booking form (including individuals added or substituted at a later date). 'We', 'us', 'our' and 'Oriole' mean Oriole Birding Ltd. 
 

D. Your Tour Contract

1.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. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law and both agree to submit to the jurisdiction of the English Courts at all times.

 

E. Your Tour Price

1. When you make your booking, you must pay the deposit as set out by us unless agreed otherwise. The balance of the tour cost must be paid as set out in section F below.    

2. The cost of your tour arrangements may be subject to a surcharge. Surcharges will be levied only to allow for price increases which are a direct consequence of; the price of transport resulting from the cost of fuel or power; charges, taxes or fees made by third parties, such as airport fees or tourist taxes; or changes to exchange rates. We will absorb small increases, but if a decision is made by us to impose a surcharge we will provide an explanation of the increase and a calculation of it at least twenty days before the start of the tour. The surcharge will be calculated on any increase in costs from the point when the tour was first advertised to the point when the surcharge is levied. Only amounts up to 8% of your total tour costs will be surcharged under this paragraph. 

3. If it becomes necessary to surcharge more than 8% of your total tour costs, we will notify you in writing. In those circumstances you have the right to cancel your tour and receive a full refund of all monies paid or alternatively accept the surcharge. If after 7 days of our written notification you have not responded, we will issue a further reminder from which point you will have an additional 3 days to respond. If you do not confirm within this timeframe then we have the right to terminate the contract and refund all payments made.
4. You have a right to a price reduction corresponding to any reduction in costs referred to in this section above before the start of the tour but after the contract is concluded. Any price reduction will be net of any administrative expenses.
 
F. Payment of Balance

1. When you receive your confirmation invoice you will be issued with a payment deadline for the remaining balance. Please note we do not send balance payment reminders, and your pre-tour information pack will not be sent until the balance has been received. We accept BACS payments, cheque or debit/credit card payments.

2. The usual time for payment of balances is 14 weeks prior to commencement of the tour. For some tours, there will be a different balance payment date which you will be informed of when you receive your confirmation invoice. 

3. Failure to pay the balance by the due date may result in us, at our absolute discretion, treating your booking as having been cancelled by you. In those circumstances we reserve the right to levy any cancellation charges as set under 'If You Cancel Your Tour' below.

4. If it is necessary for us to change your balance due date for your tour, we will contact you as soon as possible to advise of a new payment deadline.

 

G. Changing Your Booking

1. If, after our confirmation invoice has been issued, you wish to make a change to you tour arrangements (such as room requirements), we will at our absolute discretion seek to accommodate this. Please note that there will be an administration fee for doing so. You should be aware that these costs will increase the closer to the departure date that changes are made and therefore you should contact us as soon as possible. Note: Certain travel arrangements cannot be changed after a reservation has been made and any alteration request will incur a 100% cancellation.

 

H. Request to Transfer a Booking

1.Tour participants may request to transfer their booking to another person. Such a request should be made in writing. Such a transfer will be permitted subject to the following conditions:-

a) The transferee is introduced by you and satisfies all the conditions applicable to the holiday;
b) We are notified as soon as possible, and in any event not less than 7 days before departure;
c) The balance plus any additional costs incurred by Oriole Birding Ltd relating to the transfer have to be paid for by the transferee. An admin fee will also apply. 
d) The transferee accepts our booking conditions and all other terms of the contract between us.
e) You and the transferee will remain jointly and severally liable for payment of all sums.
2. Please note that notwithstanding 1. above it may not be possible to amend or transfer certain arrangements (such as airline tickets) after they have been confirmed. In those circumstances, an alteration might incur a cancellation charge of up to 100% of that part of the arrangements.
3. If you are unable to find a replacement, cancellation charges as set out in section I below will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

 

I. If You Cancel Your Tour

1. You, or any member of your party, may cancel your tour arrangements at any time. Written and dated notification from the person who made the booking must be received at our office. If you cancel your tour arrangements, you will have to pay the applicable cancellation charges.

 

2. The following cancellation charges will apply:-

90 days or more before the day of departure your deposit and any additional services incurred on your behalf will be forfeited.

89 - 29 days before the day of departure 80% of total tour costs and any additional services incurred on your behalf will be forfeited.

28 - 0 days before the day of departure 100% 0f total tour costs and any additional services incurred on your behalf will be forfeited.

 

3. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

4. Please note that if you have paid by card, then any refund owed to you under these terms due to a cancellation made by you will be made by bank transfer or cheque.

5. Notwithstanding points 1-2 above, in the event of unavoidable & extraordinary circumstances occurring at the place of destination or it's immediate vicinity and which is likely to significantly affect either the performance of the package or travel to the destination, you may terminate your contract before the start of the package without paying any termination fee. In those circumstances, you will be entitled to a full refund of any payments made but will not be entitled to additional compensation. 

6. For the avoidance of doubt, your right to cancel in accordance with clause 5. above will only apply where the Foreign, Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions, which make it impossible to travel safely to the travel destination.

 

J. If We Change or Cancel Your Tour

1. It is unlikely that we will have to make changes to your tour, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be insignificant and we will advise you at the earliest opportunity. For instance a change of hotel, airline carrier, flight time, airport and birding itinerary would be examples of insignificant changes.

2. Should significant changes to the tour characteristics occur, you will be advised as soon as possible in writing of this change including any impact on the price of the tour and will be given 7 days to consider the following options:-

a) You may accept the changes and continue with the package booked.

b) If there is a suitable substitute tour we will inform you of it.

c) You may terminate the contract and in those circumstances we will refund all payments made.

3. We do reserve the right in any circumstances to cancel your tour. For example, if the minimum number of clients required for a particular tour is not reached, we may have to cancel it. The deadline for cancellation of the tour by us due to insufficient numbers being reached (i.e not a guaranteed departure) will be shown in your confirmation invoice. In any event, we will not cancel your tour except for reasons of force majeure or failure by you to pay the final balance, less than-

a) 20 days before departure date for tours lasting more than 6 days

b) 7 days before departure date for tours lasting between 2 and 6 days

c) 48hrs before departure date for tours lasting less than 2 days

4. If for reasons of force majeure we have to make any changes to a tour in progress, an early termination of a tour in progress or to cancel a tour before the departure date, then we will have no liability to you for any additional costs incurred by you nor will you be entitled to any compensation from us. Force majeure includes but is not limited to events beyond our control such as weather delays, strikes, acts of war, natural disasters, outbreak of serious disease, acts of god, terrorism, financial failure of airlines. Please note that Brexit may create travel, visa and passport difficulties. As these are unprecedented and beyond our control we would treat any such impacts upon a tour as force majeure. 

 

K. Travel Insurance

1. Appropriate travel insurance is a requirement on all tours outside the UK (and we strongly recommend you take travel insurance for UK tours too). It must include insurance against costs arising from cancellation by you, force majeure and repatriation from potentially remote locations, in order to protect yourself against potentially costly overseas medical expenses should you fall ill on tour. Please note that passenger liability insurance covering the vehicles that we hire, particularly overseas, may be inadequate. You should therefore ensure that your insurance cover makes sufficient provision for you and your dependents in the event of an accident.

2. It is your responsibility to ensure that the cover you purchase is adequate for your particular needs. Please read your policy details carefully and take them with you on holiday. Oriole should be supplied with a copy of your insurance details at the point of balance payment. However, we do not check insurance policies and cannot be held responsible if your insurance cover is inadequate. If you do travel without adequate insurance cover, we will not be liable for any losses however they arise, in respect of which insurance cover would have been available. 

3. Please note that travel insurance policies seldom cover optical/photographic equipment, and you should add this to your home insurance contents policy instead as a specified item.

 

L. Flights

1. If desired, and where possible, we will arrange your holiday flight from your local airport. There is usually a supplement to pay in addition to the quoted holiday price and this service can only be offered if it does not interfere with the holiday schedule. We try to advertise the proposed airline for each tour in the tour description, but cannot guarantee to use any particular airline as sometimes flight schedules may change and in order to run a tour with a smaller group we may have to research alternatives to that stated. 

2. Please ensure if you are travelling overseas that the name [s] on the booking form matches that exactly on your passport [s]. Failure to do so may result in you being turned away at the point of departure and losing your holiday. In such situations that liability would be your own and no refund could be given. If the mistake can be rectified prior to travel, you may incur a financial penalty or cancellation fee with imposed by the carrier. Again the liability for payment of this would be yours. 

3. If flights are delayed, we will make every effort to assist you in making alternative travel, accommodation and meal arrangements, should these be necessary. Such arrangements are sometimes not covered by the airline, so please make sure your travel insurance covers any possible extra costs involved. Any necessary arrangements that are required as a result of such delays would be payable locally by the client and are payable by you and not Oriole, though we will do our best to assist in arranging these where possible, either through your tour leader or direct from our office. You may be able to claim against the airline for these costs under EU or UK law. Again, we will assist you with any claim but please note current rules state that it is the passenger and NOT the tour operator who has to claim.

 

M. If You Have a Complaint

If you have a problem during your tour, please inform the tour leader immediately so that they can endeavour to put things right. If you fail to do this, we may be deprived of the opportunity to investigate and rectify your complaint whilst you were on the tour and this may affect your rights under this contract. If your complaint is not rectified locally, please follow this up within 14 days of your return by writing direct to our Customer Service Department at The Manor House, Great Ryburgh, Norfolk NR21 0DX, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us in quickly identifying your concerns and speed up our response to you.

 

N. Our Liability to You

1. Oriole Birding Ltd will take all reasonable steps to ensure that all services provided are supplied as described in our marketing literature. Whilst every care is taken in the preparation of our brochure, mistakes can and sometimes do occur. Unless the published error or omission results in a significant change to the tour arrangements then there are no grounds to claim for a price reduction.

2. We cannot accept any liability for any damage, loss (including business losses), or expenses (i) which on the basis of the information you gave us about your booking before we accepted it, we could not have foreseen you would incur if we were in breach of our contract with you or (ii) which did not result from any breach of contract or fault by Oriole, our employees, or any suppliers for whom we have direct control and responsibility. 

3. You will not be entitled to compensation from Oriole for any injury, illness, death, loss (including loss of enjoyment), damage, expense, or cost which results from (i) your own act or omission, or the acts or omissions of any members of your party; (ii) acts and/or omissions attributable to a third party not connected with the provision of your holiday and which were unforseeable or unavoidable; or (iii) events or occurences which are attributable to unavoidable and extraordinary circumstances to include force majeur as defined in J4 above. 

4. Birding tours as an outdoor activity by their nature involve an element of risk. This includes walking on steep, rocky, slippery and/or icy trails or otherwise uneven terrain. We can supply information regarding each individual tour on request and will highlight any particularly dangerous elements in the pre-tour information, and we are always happy to discuss the type and amount of phyical exertion needed for each tour. We would encourage you to contact us to discuss this before booking particularly if you have reduced mobility or health concerns. Ultimately participants must ensure they are physically fit enough to undertake the tour activities and we cannot accept responsibility for any injuries sustained as a result of lack of fitness or undisclosed mobility or health concerns. If you have any concerns about safety or your ability to undertake a particular element of a tour then you must speak with your tour leader. All participants must follow the advice and instruction of our tour guides when it comes to the issue of safety of them or other members of the tour group. 

5. Safety standards are generally not the same in some destinations as they are in the UK, and as a general rule they may often be lower. It is the requirements and standards of the destination which apply to the tour and not those of the UK. 

6. You must provide Oriole and our insurers with any assistance we may reasonably require from you. You must also tell us and any relevant supplier about your claim or complaint as set out in clause M above. If a request is made, you must transfer to us or our insurers any rights you have against the relevant supplier or whoever else is responsible for your claim or complaint. You also agree under this term to co-operate fully with us and our insurers, if we or our insurers wish to enforce any rights which are transferred. 

7. The contractual terms of the companies that provide the transportation for your tour will apply to this contract. These may contain terms, which affect your right to compensation. You may request a copy of the relevant conditions of carriage from our office. The brochure is our responsibility, as your tour operator. It is not issued on behalf of, does not commit any airlines mentioned therein or any airline whose services are used in the course of your tour arrangements.

 

O. Passport and Health Regulations

1. It is the sole responsibility of all participants to ensure that they possess a passport that is valid for up to six months after completion of their tour. It is the participants responsibility to ensure they have the correct visas for the destination and while we may offer guidance to this end on individual tour pages, this could become out of date and we will supply more detail in our pre-tour information pack. In addition, health requirements and any inoculation certificates are also the participants’ responsibility. We cannot advise on these matters and any information given either verbally or in our literature must be taken as a guide only as we are not medical porfessionals. Well in advance of your trip, you should visit the website www.masta-travel-health.com or similar and download a free health brief, which should be taken to your local medical centre for further advice.

2. Please note that following Brexit, for holidays in the EU, UK residents should obtain a UK Global Health Insurance Card (GHIC) prior to departure (European Health Insurance Cards are still valid for use in the EU up until the expiry date of the card). For holidays to countries in the European Economic Area (EEA) but not the EU, neither the GHIC nor the EHIC are valid, and therefore check with your travel insurer that the appropriate level of cover is in place for medical expenses. Up to date travel advice can be obtained from the Foreign, Commonwealth & Development Office, visit www.gov.uk/travelaware.

 

P. TOUR PROTOCOL

1. The birds and other wildlife listed in the itineraries are meant as a guide only and are not guaranteed to be present. Some birds not listed may also occur. When watching wildlife, we ask all our guests to be courteous to other members of the party and to put the welfare of the bird or animal first. We cannot tolerate ‘flushing’ of wildlife in order to obtain photographs. Please also note that while we may use playback on some of our tours, particularly in the neotropics, the law and common sense prevents us from using playback for sensitive species in the UK during the breeding season. Please ask us when booking if you would like to know more. 

2. We prefer to leave tips and gratuities on our tours purely to your personal discretion. Where some larger tips for example to local guides and drivers are included in the tour cost, this will be identified in the pre tour information. 
3. Tour participants spend a long time in each other's company during a tour. Inevitably a wide variety of political, religious and cultural beliefs will be held by participants. Relaxed exchanges and the ability to speak freely are the hallmark of a good trip. However, tour participants are asked to be considerate to the beliefs and sensitivities of others. If in the opinion of the tour leader a particular conversation becomes too controversial, divisive or otherwise upsetting to one or more participants, he or she will request that the conversation is terminated. There are no circumstances in which we shall tolerate racist or discriminatory comments.
4. If any tour participant is concerned about the behaviour or comments of another then to allow us the opportunity to resolve or tackle the issue we ask that they speak in confidence with the tour leader, to share those concerns.The tour leader will discuss the concerns and seek to agree steps to resolve the issue.
5. Participants are requested not to smoke whilst in tour vehicles, hides and when in close proximity to other group members.

 

PRIVACY NOTICE

1. This notice sets out the way we gather, use, disclose and manage our customer’s personal information. 


2. Oriole Birding is a Limited Company with our registered office at The Manor House, 9 Station Road, Great Ryborough, Norfolk, NR21 0DX.  We are committed to maintaining high standards of confidentiality in relation to the information provided to us in the course of our business. Please read this notice carefully and contact us if you have any queries by emailing us at: info@oriolebirding.com.


3. This notice applies to all persons whose personal information we collect and process.  This includes the categories below:
a. Our customers
b. People who are involved in contracts and transactions we are working on, such as other businesses or individuals our clients are contracting with.
c. Our regulators, insurers, auditors and professional advisors.


4. In the course of our business, we will collect and process certain types of personal information.  We cannot list all of these.  However, we will only process and collect personal information where necessary for the provision of our services.  Most commonly, we collect and process contact information for people (such as full name, date of birth, address, email address and telephone number) and passport details for the booking of flights on your behalf.


5. Where we received personal data in connection with our business of arranging and leading birdwatching and general nature holidays, we process that data for the purposes of the provision of those services.  This includes:
i. Arranging travel and accommodation for our tours;
ii. Complying with legal obligations, such as disclosure required by court order;
iii. Disclosure where required by our regulators;
iv. Processing required in connection with any actual or proposed sale, merger, joint venture, assignment, transfer or other transaction relating to our business.


6. We may transfer personal data outside the European Union if a tour takes place there.  We shall only do this where it is necessary to arrange and deliver a tour. 


7. We keep personal data in accordance with our retention and destruction policy for no longer than 4 years after the personal data was provided to us.


8. We are strongly committed to data security and we take reasonable steps to protect the personal information we hold from unauthorised access, loss, misuse, alteration or corruption.


9. Data Protection law requires us to have a legal basis for processing your information   In most cases we will only process your personal information:
i. So we may carry out our contract with you, or take any necessary steps before entering into a contract with you;
ii. As necessary to comply with any legal obligations;
iii. Where necessary, for our legitimate purposes in providing tours and birdwatching services and/or for the legitimate purposes of our customers in receiving those services.  For example we shall send the occasional email, newsletter and annually our brochure for those clients who have agreed to receive these.


10. If we process your personal data, you have a number of rights.  You may request a copy of your data that we hold about you and you may object to our processing of it, ask us to rectify if, restrict the way we can process it, or erase it from our records.  If you have a complaint about the way in which we process your personal data, then please contact Nick Parsons at the address given at paragraph 2 above.  If you remain dissatisfied you may wish to consider approaching the Information Commissioners Office (www.ico.gov.uk).

 

WEBSITE PRIVACY POLICY

 

1] This website ("this site") is owned by Oriole Birding Ltd. It is intended to provide information about our birding and wildlife tours and holidays.

 
2] You may download and print certain content from this site at your leisure and for your own personal use. However, you may not copy or reproduce any of the design elements and to do so would require written permission of Oriole Birding Ltd. Do not link to this website from another site without our written permission. Where we use trademarks of third party suppliers or partner companies, we have express permission to do so - do not copy them for your own use.
 
3] Viewing our site does not enter you into any sort of agreement by us unless or until it is confirmed in writing by a member of our company. While we take precautions to ensure our site is free from viruses or malicious content, we cannot accept any responsibility for any loss or damage to your own computer or its software directly as a result of using our site, nor can we accept responsibility for the site safety of websites for which we provide links. Sometimes websites crash - we cannot guarantee that ours will not, and that your browsing experience will be uninterrupted.
 
4] We use Google Analytics to collect information about peoples browsing habits while using our website, such as which pages you viewed and where you travelled from to reach our site. This uses 'cookies' which are stored on your computer to track your browsing behaviour. By visiting our site, you agree to the use of cookies. It is possible to disable cookies in your personal browser settings, but please be aware that this may create an inferior browsing experience and may make it impossible to access certain parts of our website. You are able to clear tracking cookies from your web browser, check your providers settings for more information.
 
6] We reserve the right to make changes to these terms at any time, and it is your responsibility to read and understand them before using our website.
 
 

 

ATOL PROTECTED

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. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to:
www.atol.org.uk/ATOLCertificate

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