In
this website the word "Organiser" means the person who
arranges your transport, accommodation etc. and who offers it as
a holiday. "Consumer" means you, the person who buys or
agrees to buy the holiday or any person on whose behalf you agree
to purchase the holiday and who is listed on the Booking Form or
any other person to whom you transfer a holiday which you have bought.
The "Retailer" is the person who sells the holiday to
you; he is not responsible for organising the flight, accommodation
or other component parts of the holiday.
(a) No Contract shall arise until the Retailer
receives a booking reference from the Organiser, via their computer
system, or, when this number is given by the Organiser to the Retailer
and the Consumer has signed the booking form and paid the deposit
or full payment for the holiday. The terms of the Contract are contained
solely in this booking form and booking conditions, the Organiser's
confirmation, the Organiser's Brochure or other descriptive material,
any airline or sailing ticket issued and the itinerary issued by
the Organiser. The Retailer has no authority from the Organiser
to alter the terms of the Contract without the written authority
of the Organiser.
(b) The Organiser reserves the right to terminate this Contract
if the behaviour or conduct of a Consumer either prior to or during
a holiday is likely to endanger the safety or well being of other
Consumers in his company or that of the Consumer himself. When the
contract is cancelled in such cases, normal cancellation charges
apply as set out below. If your actions or those of any member of
your party cause damage to the accommodation in which you are staying,
or cause delay or diversion to any flight or any other means of
transportation, you agree to fully indemnify the Organiser against
any claim (including legal costs) made against the Organiser by
or on behalf of the owners of such accommodation or the operator
of such flight or other means of transportation.
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a. The information contained on this website
constitutes an advertisement only. The customer, by agreeing to
these conditions and electronically submitting this electronic form
with an itinerary, credit card details, and other information, makes
an offer to the Tour Operator for the selected holiday. The Tour
Operator may either accept or reject this offer. Email notification
of acceptance or rejection will be communicated to the Customer
at the e-mail address, which the Customer provides. The Customer
recognizes that a contract for the service is immediately formed
when the Operator sends any such notification of acceptance. There
is no requirement for exchange of signed hard copies of the agreement.
By making an offer in accordance with these terms, the Customer
consents to the formation of this contract electronically.
b. Any dispute arising in connection with
the contract shall be determined in accordance with the laws of
the Republic Of Ireland.
c. The particulars of any holiday advertised
on this website are subject to confirmation and acceptance by the
Tour Operator. The particulars may be altered by the Tour Operator
upon notice to the Customer at any time up to 7 days before the
holiday departure date where any particular contains an obvious
mistake.
d. These credit card details should be submitted by the credit
card account holder. In the event that the Customer is not the credit
card account holder, the Customer hereby acknowledges that they
are representing that they have the authority of the credit card
account holder to submit these credit card details. Criminal or
civil liability may attach to a person who submits credit card details
without authority.
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It shall be the Consumer's responsibility to disclose, prior to
booking, to the Organiser any physical or mental condition of a
member of his party which may be relevant. Where a confirmed booking
is made for any disabled person the Consumer must immediately request
and complete a Special Needs Priority Form. This Form is to be requested
by the Consumer from the Organiser and the completed form returned
within 7 days to the Organiser. The Organiser reserves the right
to decline to provide a holiday for a disabled person where, in
the Organiser's opinion, that holiday would be inconsistent with
the special needs of a disabled person. No liability shall attach
to the Organiser for the provision of an unsuitable holiday for
any disabled person where no completed form has been returned.
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The holiday must be paid for in full at least 8 weeks before the
scheduled date of departure or if the Contract is made later than
8 weeks before the scheduled date of departure, it must be paid
for in full on the signing of the Booking Form.
Bookings paid by credit card are subject to 2% credit card handling fee.
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If the holiday is not paid for by the due date, the Organiser
shall have the right to cancel the holiday. If the Organiser, at
the request of the Consumer or Retailer, agrees to delay cancellation
of the holiday then, if the Organiser subsequently cancels for non-payment,
the cancellation charges set out in clause 5 shall apply and be
payable by the Consumer.
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Any cancellation of the holiday must be notified
by the Consumer in writing to the Organiser. If the Consumer cancels
the holiday the following cancellation charges are payable:
More than 6 weeks before the departure date any deposit paid shall
be forfeited.
Within 6-4 weeks of departure:
30% of the cost of the holiday is forfeited.
Within 4-2 weeks of departure:
45% of the cost of the holiday is forfeited.
Within 2 weeks - 72 hours of departure:
60% of the cost of the holiday is forfeited.
Within 72 hours of departure:
100% of the cost of the holiday is forfeited.
All cancellation charges apply to each person covered by a booking.
Any insurance premium paid is not refundable.
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(a) Where the Consumer is prevented from
proceeding with the holiday, he may transfer his booking, having
first given the Organiser or Retailer in writing reasonable notice
which shall not be less than 28 days of his intention to do so before
the departure date. The transferee from the Consumer must sign a
Booking Form and comply with any other requirements of the Organiser
applicable to the holiday.
(b) A Consumer who transfers a holiday booking shall be jointly
and severally liable with the transferee to the Organiser or Retailer
for payment of any balance due in respect of the holiday and for
a substitution fee of €30.00 per person substituted, subject
to a maximum of €120.00
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(a) If after acceptance by the Organiser
a Consumer wishes to alter a holiday, the Organiser may do so at
its discretion if practicable. A request for alteration must be
in writing and must be accompanied by a payment of €30.00 per
person, which payment is not refundable. If the alteration is impracticable
the original holiday arrangement shall continue to apply. If some
only of the Consumers booked request a change, which is found to
be practicable, a price adjustment for all Consumers on the same
booking may be payable and must be discharged on the date shown
in the Organiser's written confirmation of such change. If default
is made by the Consumer in complying with the foregoing requirements,
the Organiser shall have the rights referred to in clause 5.
(b) Once travel has commenced, no changes or alterations may be
made by the Consumer and no refunds shall be made in respect of
flights or other travel arrangements which are not availed of.
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Special requests (e.g. ground floor accommodation, in-flight dietary
requirements, sea view, etc.) shall be communicated by the Consumer
in writing to the Organiser or Retailer at the time of making the
booking. The Organiser shall use reasonable endeavours to fulfil
such requests. However, special requests cannot be guaranteed and
do not form part of the Contract. No liability shall attach to the
Organiser for failure to comply with a special request. Special
requests cannot be processed within 6 weeks of departure.
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Where accommodation is "on request" an additional administration
charge of €30.00 will be payable by the Consumer. This charge
will be credited to the cost of the holiday once a booking is confirmed.
If the Organiser is unable to obtain the particular accommodation
requested by the Consumer, the Organiser shall take all reasonable
steps to make a comparable alternative available to the Consumer.
If the accommodation requested by the Consumer cannot be confirmed
or an alternative offered, or, if the alternative offered is not
acceptable to the Consumer, the Consumer shall be entitled to a
refund of all monies paid to the Organiser less a €30.00 administration
charge.
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(a) The Organiser reserves the right to alter,
change, curtail or cancel a holiday.
(b) If as a consequence of "force majeure"
(as hereinafter defined in sub-paragraph (f) of this clause), the
Organiser is obliged to curtail, alter, extend or cancel a holiday,
the Consumer shall not be at liberty to maintain a claim for compensation
or otherwise for any loss arising as a consequence of the said curtailment,
alteration, extension or cancellation of the holiday.
(c) A minimum number of bookings are required
for a programme of holidays. The Organiser's obligation to provide
that programme shall be contingent upon the Organiser receiving
and maintaining that minimum number of bookings. In the event that
the Organiser does not receive the minimum number of bookings or
having received such minimum number has that number reduced by reason
of cancellations or transfers by Consumers or otherwise, the Organiser
shall be entitled to cancel or curtail the relevant programme at
any time up to 4 weeks prior to the departure date and the Consumer
shall not be entitled to make a claim for loss arising as a consequence
of cancellation or curtailment in these circumstances. The Organiser
shall notify the Consumer within seven days of any cancellation
or curtailment necessitated by the foregoing circumstances.
(d) If prior to the departure date there
is a cancellation, alteration, change or curtailment relating to
a holiday, which results in more than 18 hours change in the time
of departure, or a change of resort or in the type of accommodation
offered, or some other change which fundamentally alters the holiday,
the Organiser shall, if practicable, offer an alternative comparable
holiday of at least similar standard or shall refund the Consumer
all monies paid. Unless within four days of issue of the offer of
an alternative holiday, it is declined by the Consumer in writing,
the Organiser shall assume that the Consumer has accepted such offer.
Where the offer is declined the Consumer shall only be entitled
to return of payment made.
(e) Where the Organiser makes an alteration
in the holiday as contemplated in sub-paragraph (d) of this clause
and the Consumer accepts the alternative holiday the Consumer shall
be entitled to receive compensation in accordance with the scale
set out in this sub-paragraph. No compensation shall be payable
where the alteration is for the reasons referred to in sub-paragraphs
(b) or (c) of this clause.
Notification Period Compensation
Prior to Departure Date: per person:
Within 8 weeks €15.00
Within 6 weeks €20.00
Within 4 weeks €25.00
Within 2 weeks €50.00
(f) In this Booking Form, the term "force majeure" means
Acts of God, natural disasters, adverse weather conditions, fire
or other destruction of any vessel, craft or vehicle to be used
in connection with a holiday, destruction or damage to holiday accommodation,
riots, acts of war, civil commotion, exercise of legislative or
government action, municipal or military or other authority, strikes,
industrial action, requisition of equipment, mechanical breakdown,
shortage of fuel, insolvency or default of any carrier or service
connected with a holiday, fraud perpetrated against the Organiser.
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It is a condition of this Contract that the Consumer is covered
by travel insurance arranged by the Organiser or covered by any
other insurance scheme offering at least the same cover as that
arranged by the Organiser. The Consumer's attention is drawn to
the exclusion clauses and excess in the insurance policy arranged
by the Organiser. It is the responsibility of the Consumer to read
their insurance policy before they travel and check that the insurance
scheme provides the Consumer with his desired level of cover. In
so arranging insurance cover for the Consumer the Organiser is acting
as the agent of the relevant insurer and shall not be responsible
to the Consumer for any default by the insurer under that policy.
All claims made against the insurance policy shall be made directly
to the insurer. The Consumer shall be responsible for making any
special or increased insurance arrangements which he deems necessary.
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All prices quoted are stated in Euro and are based on transport
costs (including the cost of fuel), dues, taxes or fees chargeable
at airports and ports and exchange rates current and appropriate
at the time of publication. If any of these vary the cost of the
holiday may increase or decrease accordingly. Any such increase/decrease
must be paid by or refunded to the Consumer, however no variations
shall be applied where their combined effect would result in an
increase/decrease of less than 2% of the cost of the holiday.
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(a) The Consumer shall check all travel documentation
immediately it is furnished to him. If the Consumer considers any
document is incorrect or has a query in relation to its contents,
he shall forthwith notify the Retailer or the Organiser of his concern
and the Organiser shall respond as soon as possible.
(b) The Consumer is solely responsible for
ensuring that he presents himself at the port of departure in sufficient
time prior to the designated departure time to complete embarkation
requirements. If the Consumer arrives after the check-in time stipulated
in the travel documentation provided to the Consumer, the Organiser
shall not be obliged to carry the Consumer and shall be entitled
to treat the holiday as having been cancelled by the Consumer. It
is also the sole responsibility of the Consumer to ensure that all
travel documentation i.e. passports, visas (where relevant) etc.
are in order.
(c) The Consumer is restricted by regulation
of carriers and executive authority with regard to the weight, type
and contents of baggage which he may take on board the craft and/or
vehicles which will be used in connection with the holiday. The
Consumer shall be responsible for ascertaining any limitations which
apply in this regard and shall not present himself at the port of
departure with any prohibited item in his luggage or on his person
or with items which exceed weight or dimension restrictions applicable.
(d) The Consumer hereby agrees that he shall
abide by all instructions or directions given by a member of the
Organiser's staff or any crew member of a carrier's craft or vehicle
used in connection with the holiday and hereby agrees to indemnify
the Organiser against any loss or injury suffered or incurred by
any other person as a consequence of the Consumer's failure to act
in accordance with any such direction or instruction.
(e) The Consumer undertakes to behave himself in a proper manner
and not to cause any disturbance in or around the accommodation
he occupies which may cause offence or diminution of enjoyment of
a holiday to other holiday makers. The Consumer further undertakes
to leave his accommodation in good condition and not to cause any
damage or destruction to the accommodation or its contents. In the
event that damage or destruction is caused to the accommodation
the Consumer agrees to pay to the owner or management of such establishment
the cost of repair or replacing such damage.
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(a) If the Consumer wishes to make a complaint
in relation to a holiday, he must immediately inform the Organiser's
representative at the location where the Consumer is when the complaint
arises, thereby giving the Organiser reasonable opportunity to rectify
matters and shall, if the Organiser requires, complete a form setting
out the details of the Consumer's complaint. If the Consumer fails
to comply with such requirement, the Organiser shall be entitled
to recover the cost from the Consumer of any additional expense
incurred by it in carrying out subsequent investigation of a complaint,
which is found to be unjustified.
(b) Notwithstanding section (a) the Consumer shall be obliged
to notify the Organiser in writing of any complaint after his return
to the port of departure or termination of the holiday whichever
is the earlier and complete an official Complaint Form not later
than 30 days. Any complaint received after this period will not
be entertained.
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(a) The Organiser shall not be liable for
any damage caused to the Consumer by the failure to perform the
Contract or the improper performance of the Contract where the failure
or the improper performance is due neither to any fault of the Organiser
or Retailer acting on the Organiser's behalf nor to that of another
supplier of services because: -
(i) The failure which occurs in the performance of the Contract
is attributable to the Consumer;
(ii) Such failure is attributable to a third party unconnected with
the provision of the services contracted for, and are unforeseeable
or unavoidable;
Or
(iii) such failure is due to:-
(a) Force majeure; or
(b) an event which the Organiser, the Retailer acting on his behalf
or the supplier of services, even with all due care, could not foresee
or forestall. In the case of damage, other than death or personal
injury or damage caused by the wilful misconduct or gross negligence
of the Organiser the amount of compensation which will be paid to
the Consumer will be limited to, in the case of an adult an amount
equal to double the inclusive price of the Package to the adult
concerned, and, in the case of a minor an amount equal to the inclusive
price of the Package to the minor concerned.
(b) In the event of any liability on the part of the Organiser for
injury, illness or death, no payment will be made unless the following
conditions are complied with:-
(i) the Consumer must advise the Organiser in relation to the injury
or illness while the Consumer is at the resort and must also write
to the Organiser within three months of the completion of the holiday;
(ii) the Consumer must transfer any rights that the Consumer has,
in respect of such injury, illness or death against any person to
the Organiser;
(iii) the Consumer must co-operate fully with the Organiser to enable
the Organiser or its insurers to enforce such rights;
(iv) any payments that the Organiser is obliged to make will be
limited as follows:-
(i) For international transport by air - the liability of the Organiser
is limited to the sum fixed by the Warsaw Convention as amended
by the Hague Protocol 1995 or any amendments thereto - up to approximately
€114,276.42 for each Consumer. The exact figure will depend
on the
€ equivalent of the sum fixed by the relevant International
Convention at the time of injury.
(ii) For international transport by water - up to the highest amount
allowed under the Athens Convention.
(v) Liability for loss, delay or damage to baggage is limited to
the sum fixed by the Warsaw Convention as amended by The Hague Protocol
1995 or any amendments thereto.
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Any dispute or difference of any kind whatsoever
which arises or occurs between any of the parties hereto in relation
to any thing or matter arising under, out of or in connection with
this Contract shall be referred to arbitration under the Arbitration
Rules of the Chartered Institute of Arbitrators - Irish Branch.
(Details of the said Arbitration Scheme are set out on the reverse
side of this Booking Form). Alternatively, a claim may be pursued
through the Small Claims Court.
ARBITRATION ARRANGED BY THE CHARTERED INSTITUTE
OF ARBITRATORS - IRISH BRANCH ON BEHALF OF TOUR OPERATOR (Organiser)
Administered under the rules of the Chartered Institute of Arbitrators
- Irish Branch.
INTRODUCTION Most problems related to a holiday
are resolved by informal discussions directly between the Organiser
/ Retailer and the Consumer. Where agreement is not possible, the
matter is then to be referred to Arbitration.
DEFINITIONS Arbitration is the settlement
of a dispute by an impartial arbitrator. Arbitration is a private
dispute resolution procedure and is a legally binding means of resolving
such matter. An Arbitration Agreement is an agreement to refer a
dispute to arbitration, usually in the form of an Arbitration Clause
as included in the standard booking conditions of the Organiser.
A submission to arbitration is called a Reference and the decision
of the arbitrator is an Award.
APPOINTMENT OF AN ARBITRATOR If there is
a dispute which cannot be mutually agreed, either party may apply
directly to the Institute at 8 Merrion Square, Dublin 2, Telephone
01-6627867, Fax 01 6627891, for the form "Request for Appointment
of Arbitrator". This form sets out the information to be submitted:
names and addresses of the parties concerned, copies of the booking
form and conditions (including the arbitration clause), details
of any legal or other people who are to represent the parties in
the arbitration and an administration fee of €63.49. For claims
involving personal injury, a separate form is required to be completed
and a different fee applies, full details are available from the
Institute. These forms refer to the Institute's Arbitration Rules
which will apply to the arbitration and which are briefly summarised
as follows (copies of the Rules and the accompanying guidance Notes
on Arbitration are available from the Institute at a cost of €6.34
per set).
PROCEDURE Once an Arbitrator has been appointed
he is in complete charge of the reference, deciding the procedure
as he considers best, and the Institute's Rules deliberately give
him his flexibility.
QUESTIONNAIRE FORM In this scheme, the Arbitrator
will first send out a detailed form for completion by both parties.
This will provide him with the details of the actual dispute so
he can decide when and where to hold a hearing with both parties
to present their cases.
HEARING while an award may be made by an
arbitrator based on the documentary evidence sent to him by the
parties, it is open to both parties to present their case to him
at an informal hearing.
AWARD The arbitrator's decision is made formally in this Award which
is sent to both parties. The Award is a final and binding resolution
of the dispute.
ARBITRATOR'S FEE A fee is payable to the Arbitrator for the conduct
of the arbitration. This fee is normally paid by the Tour Operator
/ Organiser but the arbitrator has absolute discretion to award
the cost as he thinks fit.
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