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Please read very carefully the conditions set out hereunder before signing the booking form.
In these conditions the word "Organiser" means the person who arranges your transport, accommodation etc. and who offers it as a holiday.
"Consumer" means you, the Group Leader 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 passenger list and/or is travelling as part of the Organisation on the booking form.
1. The Contract
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(a) No contract shall arise until the Organiser has received a completed booking form together with the appropriate deposit or full payment of the holiday and has issued written confirmation of its acceptance to the Retailer or the Consumer. The terms of contract are contained solely in the booking form, 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.
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(b) The Organiser reserves the right to terminate the 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 and the cancellation charges as provided for in Clause 3 of this Booking Form are payable by the consumer.
2. Payment
The holiday 11 iust be paid for in full 10 weeks before the scheduled date of departure. If it is not paid by that date, the Organiser shall have the option to cancel the holiday. If the Organiser exercises that option or if the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser) the following cancellation charges are payable by the consumer-More than 10 weeks before the departure date, first 2 paid deposits shall be forfeited, 10-8 weeks prior to departure 75% of the cost of the holiday is forfeited.
Within 8 weeks 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 payable is not refundable.
3. Alteration by the Consumer
If after acceptance by the Organiser a Consumer wishes to alter a holiday, the Organiser may do so at its discretion, if practicable, in order to facilitate that change. If the alteration is impractical the original holiday arrangement shall continue to apply.
4. Special Requests
Special requests (e.g. ground floor accommodation, sea view etc.), shall be communicated by the Consumer in writing. The Organiser shall use reasonable endeavours to fulfill such requests. The Organiser shall only be obliged to provide services in accordance with special requests where it specifically commits itself in writing to do so. No liability shall attach to the Organiser for failure to comply with a special request which has not been confirmed by it in writing.
5. Alterations by the Organiser
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a. The organiser reserves the right to alter, change, curtail or cancel a holiday.
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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.
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c. 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. If practicable, offer a holiday of a lower standard and refund to the Consumer the difference in price between that of the original holiday price purchased and the replacement holiday; or refund to the Consumers all monies paid. Unless within seven days of issue the offer of an alternative holiday is accepted by the Consumer in writing, the Organiser shall assume that the consumer has declined such offer and the Consumer shall only be entitled to return of payments made.
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d. When the Organiser makes an alteration in the holiday as contemplated in sub-paragraph (c) of this clause 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 as to in sub-paragraph (b) in this clause.
Notification period prior to departure date compensation.
More than 28 days - nil
Within 4 weeks - €8.00/£5 per person
Within 2 weeks - €15.00/£10.00 per person
Within 1 week - €20.00/£15.00 per person
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e. The term 'force majeure' means Act of God. Natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with your holiday. Riots, acts of war, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a tour. Fraud perpetrated against the Organiser or any other reason beyond the control of the organiser.
6. Insurance
The Consumers attention is drawn to the exclusion clauses and excesses in the insurance policy arranged by the organiser. It is a condition of this contract that the Consumer is covered by either the insurance orgainsed by Topflight for Schools or an alternative policy equal or better in each section than the Topflight for Schools cover. It is the responsibility of the Consumer to check that the insurance scheme provides the Consumer with his desired level of cover. In so arranging insurance cover of the Consumer the Organiser is acting as the agent of the relevant insurer and shall not be responsible to the Consumer of 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.
7. Taxes
Almost all countries now charge airport, airline and or Government taxes. These taxes are included in the basic cost of your holiday. However these taxes may increase or indeed a new tax may be introduced after, confirming your reservation by way of sending a booking deposit. Should this be the case the relevant increase may be passed on to the Consumer and added to their invoice. The reverse would apply in the event of a decrease of taxes.
8. Default by the Consumer
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(a) The Consumer shall check the travel documentation immediately it is furnished to him. If the Consumer considers any document is incorrect or has any query in relation to the contents he shall forthwith notify the Organiser of his concern and the Organiser shall respond as soon as possible.
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(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 cancelled by the Consumer.
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(c) The Consumer is restricted by regulation of carriers and executive authority with regard to weight, type and contents of baggage which he may take on board the craft.
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(d) The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organisers staff or any crew member of a carriers craft or vehicle used in connection with the holiday and hereby agrees to indemnity to Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumers failure to act in accordance with any such direction or instruction.
9. Liability
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:
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(i) the failures which occur in the performance of the contract are attributable to the Consumer;
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(ii) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforseen or unavoidable; or
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(iii) such failures are due to
(a) unusual and unforeseeable cir-cumstances beyond the control of the Organiser, the Retailer acting on his behalf or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised; or
(b) an event which the Organiser, the Retailer acting on his behalf or the supplier of the 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 defamation or 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 holiday to the adult concerned and in the case of a minor an amount equal to the inclusive price of the holiday to the minor concerned. The Organiser's liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of, even if that convention has not been ratified or applied in the Republic of Ireland
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10. Complaints
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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 and shall if the Organiser requires, complete a form setting out in detail the Consumer complaint.
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(b) The Consumer shall be obliged to notify the Organiser in writing of any complaint within 28 days after his return to the port of departure or termination of the holiday whichever is the earlier.
11. Arbitration
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. Full details are available on request. Alternatively, claims less than €1,300 per booking form may be pursued through the District Court Small Claims Procedure. All claims in excess of €1,300 shall be referred to arbitration.
Government Licence Number: TA0532
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