Last modified: December 16th, 2019
These Terms and Conditions (“Agreement”) governs the use of the services (“Service” or “trip”) that are made available by Ora Expeditions. (“Ora”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between Ora and the individual(s) who subscribes to or purchases our service (“Client” or “you”).
PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your down or full payment, you agree to comply with all of the terms and conditions set out in this Agreement. Ora may cancel your trip at any time. On the trip, Ora may ask you to leave the group at your own expense at any time and with no notice for conduct that is in breach of this Agreement, for conduct that Ora believes is harmful to its other clients or business, or for conduct where the use of service is harmful to any other party.
Ora may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Clients upon posting of the modified Agreement to this web address https://oraexpeditions.com
You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
Ora Expeditions offers Clients wellness expeditions to New Zealand which may include travel, accommodations, food and activities.
Services, food, travel, lodging and activities are provided on the basis of accommodation availability. Ora reserves the right to modify, change, or discontinue any aspect of the Services or trip at any time.
All travel and activities are volunteer and participation of said travel or activities is at your own risk. All Clients must seek medical clearance from a qualified physician in order to travel and participate in physical activities.
3. Service Fees / Payments / Invoices
All Ora fees and charges are quoted and billed in US Dollars unless otherwise noted.
Ora uses an automated payment processing system and only accepts debit or credit cards. All Clients are required to maintain valid payment information on file for the processing of any unpaid trip fees. At its sole discretion, Ora may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
Ora may take any reasonable action to validate your payment and application information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Down payments are due upon reservation, are non-refundable and are used to purchase hotel reservations and other services in advance.
The remainder amount is due in 30 days from the date of reservation, or 45 days prior to departure, whichever is sooner. After 45 days prior to departure, reservations require payment in full.
Ora is unable to offer unrestricted cancellations and refunds. Our cancellation and refund schedule is as follows:
- Cancellations prior to 90 days before departure will be offered a full refund minus the non-refundable down payment.
- Cancellations between 90 and 45 days before departure will be offered a 50% refund minus the non-refundable down payment.
- Cancellations after 45 days prior to departure will not be offered a refund.
Ora reserves the right to offer a voucher for a future trip at its sole discretion. We may enforce the above policy at will, and any election to offer a voucher will not constitute a waiver of our cancellation policy for any subsequent or future trips.
Invoices will be emailed to Clients.
Billing inquiries and disputes should be brought to Ora’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.
If any chargeback or charge dispute notices are received for your account, trip accommodations may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Ora reserves the right to cancel your trip.
Any bookings or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.
Ora reserves the right to modify service fees and rates, effective upon posting on the Ora website or on this Agreement. Current service charges include the following (non-exclusive list):
- Chargeback Service Charge US$50.00
- Refund Processing Fee US$50.00
4. Termination of services or trip
Ora may terminate your Service under the following circumstances (non-exclusive list):
- Non-payment of fees
- You are in breach of any term or condition of this Agreement
5. Prohibited Conduct
Your conduct on the trip must be in compliance with US laws, the laws of your country, and the laws of the county travelled in at all times.
You are responsible for ensuring that you display acceptable behaviors throughout the trip. You will be asked to leave the group at your own expense for inappropriate behaviors. Any behaviors leading to incited expenses, such as damaged property, will be at the Client’s own expense and will be charged accordingly.
The following is a non-exclusive list of unacceptable and inappropriate behaviors:
- Vulgar, crude or inappropriate language, including hate speech, racist, sexist, or other bigotted slurs
- Nudity, inappropriate dress or sexual actions in front of other clients
- The use or possession of illegal drugs
- Physical aggression
- Damage of property
- Disruption in therapeutic or wellness services
- Any activity deemed illegal in the US or the country in which we are traveling at the time of the behavior
You agree that, unless other instructions are posted on Ora website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt.
7. Reservation of Rights
Ora reserves the right and sole discretion to:
Cancel any trip at any time for any reason. Weather, airline issues, country crisis or other extenuating circumstances may arise that may cause Ora to cancel a trip.
Change itinerary plans at any time for any reason. There may be times where circumstances persuade Ora to change the itinerary during a trip
Change the number of people traveling on a trip
All possible options will be explored prior to cancellations and changes.
8. Limitation of Liability
The Service provided is on an “as available” basis and travel is at your own risk. Ora makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. Ora is not responsible for any damages, injury or economic loss arising from the Services or trips associated with Ora.
In no event will Ora be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising from the Services or trip.
Ora, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the travel or services provided by Ora.
You agree to indemnify and hold Ora, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Ora with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you.
10. Force Majeure
Ora will not be liable for any delay, interruption or failure in the providing of travel or therapeutic services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to travel or provide therapeutic services, labor disputes, or other similar events beyond our control that may prevent or delay or interruption in delivery of services.
11. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.
12. Governing Law
The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the United States of America.
You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the United States of America, in the State of Utah, for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
13. Age of Majority
Ora does not accept agreements and payments from persons under the legal age of 18 years. By booking your reservation, you confirm that you are over 18 years of age. Minors must have their parent or legal guardian book reservations on their behalf.
No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
15. Entire Agreement
This Agreement, as may be updated from time to time and posted at https://oraexpeditions.com represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.