Terms of Use

1. About These Terms

These Terms of Use ("Terms") are made between you ("You", "Member", "User") and ORN Vacations Pty Ltd, ABN 88 680 107 751, of Level 1, 18 Thomson St, South Melbourne VIC 3205, Australia, trading as "ORN", "ORN Holidays" and "ORN Club" ("ORN", "we", "us", "our"). ORN operates the website ornholidays.com (the "Site") and the ORN Club membership program described in clause 4.

By accessing the Site, joining ORN Club, or making a booking, you agree to be bound by these Terms. If you do not agree, you must not use the Site or the ORN Club program.

We may update these Terms from time to time. Where a change materially affects your rights (for example, cancellation fees, membership benefits, or liability terms), we will give you at least 30 days' written notice before the change takes effect for existing Members, and will not apply changed terms retrospectively to a booking you have already confirmed. Continued use of the Site or membership after that notice period constitutes acceptance.

2. Eligibility

You must be at least 18 years old and have legal capacity to use the Site and enter into these Terms. If you book or act on behalf of another person (including family members), you must ensure they are aware of, and agree to, the terms and conditions applicable to their travel, including these Terms. You confirm that no traveller on a booking you make is an unaccompanied minor unless the applicable service expressly permits this.

You warrant that all information you provide is true, current, and complete, and you will promptly update it if it changes.

3. Your ORN Club Membership

This clause applies if you join ORN Club, ORN's club and community-partner membership program, whether directly or through a participating club, association, or community organisation ("Partner Club").

3.1 Joining

Membership is free to join unless we clearly state a fee at sign-up. We may set reasonable eligibility criteria (for example, membership of a Partner Club) and may decline or suspend membership where eligibility criteria are not met, subject to clause 3.5.

3.2 Cashback

Eligible Members receive 1% cashback, calculated on the gross value of qualifying bookings made through the ORN Club or dual-branded booking portal, paid on a quarterly basis to the payment method or account you nominate. Cashback is subject to the qualifying criteria published on the Site at the time of your booking, which may exclude taxes, fees charged by third parties, cancelled or refunded bookings, and bookings that breach these Terms.

We will not change the cashback rate or qualifying criteria for a booking you have already made in reliance on the rate current at the time of booking.

3.3 Marketing content

As a Member, we and our Partner Clubs may send you marketing content (including fortnightly offers) about ORN and partner travel products. We only do this in line with the Spam Act 2003 (Cth): we will only send commercial electronic messages where you have consented (including inferred consent through your Partner Club membership, disclosed at sign-up), each message will clearly identify ORN as sender, and every message will include a functional unsubscribe mechanism. You can opt out of marketing at any time without affecting your underlying membership or cashback entitlement.

3.4 Dual-branded portal

Bookings made through the dual-branded portal (co-branded with your Partner Club) are subject to these Terms in addition to any terms published by the Partner Club. Where there is a direct inconsistency between these Terms and Partner Club terms in respect of the booking itself, these Terms prevail as to ORN's obligations as the destination management company.

3.5 Ending membership

You may end your ORN Club membership at any time by written notice to care@orn.com. We may suspend or terminate a membership for genuine cause (such as fraud, abuse of the cashback program, or a material breach of these Terms) and will give you written reasons and, where the situation is not urgent or fraud-related, a reasonable opportunity to respond before termination takes effect.

4. Your Holiday Contract

The 'lead name' on a booking confirms they have authority to accept these Terms on behalf of everyone in the travel party. A binding contract comes into existence when we issue a confirmation invoice to the lead name or your travel agent, following receipt of your booking and any required payment.

Check your confirmation invoice carefully as soon as you receive it. Contact us or your travel agent immediately if any details are incorrect, as it may not be possible to fix errors closer to departure.

5. Consumer Guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your contract with us and, to the extent permitted by law, receive a refund for the unused portion, or compensation for the drop in value between the service you paid for and the service actually provided. You are also entitled to be compensated for any other reasonably foreseeable loss or damage resulting from a failure to meet a consumer guarantee. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion.

Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified.

6. Passports, Visas, Health & Travel Documents

You are responsible for holding all necessary travel and health documents before departure, including a valid passport (for all travellers, including children) and any required visas. Requirements can change, so check the current position with the relevant authority in good time before travel. Where ORN assists with a visa application, we do so as a facilitator only and are not responsible for delays, clarification requests, or rejection by the relevant embassy or authority.

7. Travel Insurance

We strongly recommend adequate travel insurance for every trip. It is your responsibility to ensure your cover is suitable for your needs. ORN is not responsible for denied entry, cancelled activities, or other losses that adequate insurance would have covered.

8. Payment

Depending on the arrangement, you may pay a deposit or the full amount at booking. Where a deposit applies, the balance is due within the timeframe stated at booking, or immediately if booking within 30 days of arrival. If the balance is not paid on time, we may treat the booking as cancelled by you and the cancellation charges in clause 12 will apply. We accept payment by credit card, debit card, and bank transfer.

Any card-processing or payment-gateway surcharge we pass on will not exceed our actual cost of accepting that payment method, consistent with the ACCC's guidance on excessive surcharging under the ACL.

9. Pricing

We aim to keep prices on the Site accurate and current, and reserve the right to correct genuine pricing errors. If we discover an error after you have booked, we will tell you as soon as reasonably possible and give you the choice of paying the corrected price, choosing an alternative, or cancelling with a full refund. We will not unilaterally increase the price of a confirmed booking without your agreement, except where a cost increase is expressly permitted under clause 11 and is passed on transparently.

10. Changes to Your Booking

If you want to change confirmed arrangements, tell us or your travel agent as soon as possible. We will do our best to accommodate changes, but this is not always possible, and costs may increase closer to departure. Where a change amounts to a new booking (for example, a full change of departure date), standard cancellation charges under clause 12 may apply instead of a change fee — we will always tell you which applies before you confirm the change.

11. If We Change or Cancel Your Holiday

We plan arrangements well in advance and occasionally need to make changes or, rarely, cancel a confirmed booking. Most changes are minor. If we need to make a significant change, or cancel, we will tell you as soon as possible and, where there is time before departure, offer you the choice of: accepting the change; taking a comparable alternative at no extra cost (or a refund of the difference if the alternative is cheaper); or cancelling with a full refund of amounts paid to us for the cancelled arrangements.

This clause does not limit any right you separately have under clause 5 (Consumer Guarantees).

12. If You Cancel Your Booking

You may cancel at any time by written notice (email or post) from the lead name or your travel agent. Cancellation charges are calculated as a percentage of the total holiday cost based on how many days before departure we receive your notice, and reflect our genuine, reasonably estimated costs and losses arising from the cancellation (for example, non-refundable supplier commitments) — they are not a penalty. Current cancellation charge tiers are published on the Site and in your booking confirmation. If your reason for cancelling is covered by your travel insurance, you may be able to reclaim these charges from your insurer.

If only some members of a party cancel, we will recalculate the cost for the remaining travellers (for example, removing a shared-room discount), and will tell you the revised cost before it applies.

13. Flights

Carrier, aircraft type, and flight timings shown at booking are indicative and subject to confirmation; final timings appear on your tickets, issued approximately two weeks before departure. Check these carefully on receipt. We will contact you as soon as reasonably possible if timings change after tickets are issued. This website reflects ORN's obligations as tour operator only and does not bind any airline named on it.

14. Conduct on Holiday

You are responsible for the conduct of yourself and your travel party. If a person in authority reasonably believes a member of your party is behaving in a way likely to cause danger, distress to others, or damage to property, that person may be required to leave the accommodation or service, without a refund for the unused portion attributable to that person's own conduct. You remain responsible for the cost of any damage or loss you or your party cause.

15. Complaints & Dispute Resolution

If a problem arises during your trip, please raise it immediately with our on-the-ground representative or the supplier, so we have the best chance of fixing it while you are travelling. If you remain unsatisfied, contact us within 7 days of your return at support@ornholidays.com with your booking reference and full details.

We aim to acknowledge complaints within 2 business days and resolve them within 30 days. If we cannot resolve a complaint to your satisfaction, you may contact Consumer Affairs Victoria, the Australian Competition and Consumer Commission (ACCC), or the ATAS dispute resolution scheme. This clause does not limit your right to pursue any other remedy available to you at law.

16. Local Events

Excursions or activities you book independently while travelling, other than through ORN or our tour operators ("Local Events"), are not part of your ORN package. Your contract for a Local Event is with its supplier, not with us, and these Terms do not apply to it.

17. Our Liability to You

We will provide your booking arrangements using reasonable skill and care, and we take reasonable care in selecting our suppliers. Subject to clause 5 (Consumer Guarantees), and to the maximum extent the law allows for services that are not of a kind ordinarily acquired for personal, domestic, or household use, our liability for a failure to comply with a consumer guarantee is limited, at our option, to resupplying the service or paying the cost of having it resupplied.

We are not liable for loss, damage, illness, or injury caused by: your own acts or omissions, or those of someone in your party; or the acts or omissions of an unrelated third party that were unforeseeable and unavoidable by us. We are not responsible for Local Events (clause 16) or for facilities that a hotel or other supplier separately agrees to provide you and which are not part of our advertised package.

Nothing in this clause limits liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot lawfully be limited or excluded.

18. Force Majeure

Neither party is liable for a failure to perform caused by events beyond its reasonable control, including natural disasters, extreme weather, war, terrorism, civil unrest, industrial action, epidemic or pandemic, or government action. Where a force majeure event affects your booking, we will work with you in good faith on rescheduling or a credit, and will pass on any refund we are able to recover from suppliers.

19. Privacy

We collect and handle your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as set out in our Privacy Policy at ornholidays.com/privacy. This includes disclosing your details to suppliers as needed to fulfil your booking, and how we handle any offshore processing of your data. Please read the Privacy Policy for full details, including how to access, correct, or ask us to stop using your information.

20. Intellectual Property & Acceptable Use

Content on the Site, including text, pricing, graphics, and software, is owned by or licensed to ORN and protected by Australian intellectual property law. You may keep personal copies of your own itinerary and booking documents. You must not scrape, copy, republish, or create derivative works from Site content, attempt to bypass security or access controls, or use automated tools to access the Site, except as permitted by law (including any statutory right that cannot be excluded).

You must not make false or speculative bookings, or use the Site for an unlawful purpose. Where we reasonably suspect fraud or abuse of the ORN Club cashback program, we may decline or reverse the relevant transaction and, if appropriate, suspend the associated membership under clause 3.5.

21. Indemnity

You agree to indemnify ORN against direct loss we suffer as a result of your fraud, your unlawful use of the Site, or your material breach of these Terms, to the extent that loss was reasonably foreseeable and not caused or contributed to by ORN. This indemnity does not extend to claims arising from ORN's own negligence, error, or breach of these Terms, and does not require you to cover ORN's legal costs beyond what a court orders..

22. Governing Law & Jurisdiction

These Terms are governed by the laws of Victoria, Australia. You and ORN each submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them. Nothing in this clause limits any right you have under the Australian Consumer Law, which applies to this contract regardless of any other law chosen here, given ORN's business is conducted from, and its Members are based in, Australia.

23. General

If any part of these Terms is found invalid or unenforceable, the rest continues in force. These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship between you and ORN. We may assign our rights and obligations under these Terms, including to another member of the HCL Group, provided this does not reduce your rights under these Terms or the Australian Consumer Law.

24. Contact Us

ORN Vacations Pty Ltd, ABN 88 680 107 751

Level 1, 18 Thomson St, South Melbourne VIC 3205, Australia

care@orn.com