Booking Terms and Conditions
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
1. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
3. He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.
Our obligations to you will vary depending upon whether we act as a package organiser in the sale of a package holiday, as a Principal in the sale of single-element bookings (such as eg. accommodation only bookings) or as an agent to help you to arrange individual holiday products; our differing obligations are set out below, in three separate sections: Section A contains the conditions which will apply to all bookings. Section B contains the conditions which will apply when you make a booking with us where we act as the package organiser. Section C contains the conditions which will apply where you make a single-element booking with us, where we are acting as Principal. Section D contains the conditions which apply to agency bookings.
SECTION A – APPLICABLE TO ALL BOOKINGS
When you make a booking, you confirm that you have the authority to accept and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every member of your party. It is your responsibility to ensure that any information which you give us is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party. When you make your booking you must pay the relevant deposit as specified at the time of booking. No contract will come into existence until we accept your booking and we receive your deposit or full payment in cleared funds and issue you with a confirmation invoice either on behalf of ourselves or the supplier in question. Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately, as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately. Please ensure that the names given are the same as in the relevant passport. If you do not receive a confirmation invoice within two weeks you should contact us, either through your travel agent or directly to make sure your booking has been made. (vii) If we are unable to confirm your booking we will offer you an alternative holiday in which case you will be free to: (a) accept the alternative holiday offered by us, or (b) purchase another holiday at the current price selling from us, or (c) accept a refund of all monies paid. You must notify us of your choice within 7 days of our offer to you. If you choose to accept the alternative holiday arrangements we will send your confirmation invoice as soon as possible after recieving your acceptance of alternative arrangements. If you do not wish to proceed we will refund all monies paid within 7 days. If you have any additional components such as schedule flights on your booking please be advised that your contract will be with that supplier and we accept no responsibility for the supplier’s actions and omission. We are licensed by the Commission for Aviation Regulation - license number TA 0136, so your monies are safe with Al Fresco Holidays from the moment you book.
The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of any holiday component arranged on you behalf. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.
You will be required to pay a deposit or make full payment for your booking at the time of booking. Some elements of your holiday e.g. flights require full payment at time of booking. Please note in all booking circumstances outside 10 weeks of departure booking deposits as follows: Mobile home only booking €130 per mobile home, Lake garda flights, transfers and mobile home packages €150 per person, ferry booking €100 per ferry booked. In all cases, within 10 weeks of departure or low cost airline carrier bookings require full payment.Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. These Terms and Conditions will be supplied to you if different from our own general terms and conditions which govern the accommodation part of your arrangements.Alternatively, where you have booked a package or accommodation only arrangement with us, you will be subject to our cancellation charges as set out in Sections B and C below
We endeavour to ensure that all of the information and prices both on our website and in our brochures are accurate; however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. As prices can change you must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
A4. Special Requests
If you have any special requests (for example mobile location), please let us know at the time of booking. We will pass on all such requests to the supplier/representatives but we do not guarantee that they will be met and we will have no liability to you if they are not.
Adequate travel insurance is a condition of booking with us. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. Failure to disclose relevant information will affect your insurance. If you book or travel without adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available. As we do not offer insurance, we will take no responsibility for any issues arising after a booking has been make regarding insurance cover.
A6. Park Ratings and Standards
Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your holiday parc. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
Safety standards in some countries may differ from those applicable in the UK and Ireland. We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.
A7. Fitness to Travel and Medical Conditions
If you have any medical condition, disability or special requirements which may affect your holiday, please tell us before you confirm your booking, as we are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking.
Please be aware that the booking conditions of our parc suppliers and transport partners are such that your holiday arrangements can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. If this occurs overseas then you will become responsible for your own return home. Suppliers will also often require you to pay for any damage you cause to the accommodation or services in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.
A9. Delivery of Documents
All documents (e.g. invoices/tickets) will be sent to you by email or registered post if requested at the time of booking. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to payment of the necessary charges.
A10. Passports, Visas and Health
We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check them before you travel. Your specific passport, visa and other immigration requirements, are your responsibility and you should confirm these with the relevant Embassies and/or Consulates prior to travel. Neither we nor the supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements Before travelling, you are strongly recommended to obtain a European Health Insurance Card (EHIC), available by contacting the HSE. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.
A11. Final Travel Arrangements
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport or ferry port. You may be required to check in online prior to your arrival at the airport and we will advise you, where appropriate. If you fail to check in on time you may be charged additional fees to check in at the airport and if you are refused permission to board the aircraft you are unlikely to receive any refund.
Where we are acting as agent, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the representative/ supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain when you return home, write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact Customer Services. Where you have booked a package holiday with us or a single-element booking where we are acting as principal, please inform us immediately and by contacting us on the numbers listed on our website. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the in resort representative services without delay and complete a report form whilst in resort. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
A14. Financial Protection
Please ask us about the protection that applies to your booking. We are a trading division of Specialist Holiday Group Ireland Ltd. Licensed as a tour operator by the Commission for Aviation Regulation license number TA 0136. Our location is 18-19 Duke St, Dublin 2, Ireland. Tel 01 433 1075 fax: 01 433 1078 email: firstname.lastname@example.org web www.alfresco-holidays.ie
A15. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, extreme weather conditions, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.
A16. Law and Jurisdiction
(i) This contract is governed by Laws of Ireland and is subject to the jurisdiction of the Courts of Ireland (ii) No employee or representative of this company has the authority orally to vary these terms and conditions or the information within this brochure, or company literature or to enter into verbal agreements with customers of this company.
A17. Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
A18. Data Protection and Privacy
SECTION B: PACKAGE HOLIDAY BOOKINGS
This section only applies to Package Holidays booked with us as Organiser. Please read this section in conjunction with Section A of these Booking Conditions.
A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organiser”.
When you book travel arrangements with us, you must pay either a deposit or the full balance of the total advertised price, if booking within 10 weeks of departure. Where you pay only a deposit at the time of booking, full payment is due no later than 10 weeks prior to departure.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel and any other airline cost changes which are part of our contracts with airlines (and their agents), operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus any applicable administration charges together with any amounts to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place
B3. Changes by You
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible and you must check with us that your written amendment request has been received and actioned via the email address on the booking. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of €35 per booking outside ten weeks of departure or €70 within ten weeks, per change per component as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given. An administration fee will be charged, details available upon request.
Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. Amendment rules may change at any time.
B4. If you cancel
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices or by email (from the address registered on the booking and when you receive an email response confirmation from us.). Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling, excluding amendment charges which are not refundable in the event of the person to whom they apply cancelling).
|Period before departure within which notice of Cancellation by you||Amount of cancellation charge|
|70 days or more||Loss of deposit|
|56 - 69 days||30% of holiday cost|
|36 – 55 days||50% of holiday cost|
|22 – 35 days||70% of holiday cost|
|11 – 21 days||90% of holiday cost|
|01 -10 days or less||100% of holiday cost|
Please note that certain arrangements, particularly flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charges from any monies you have already paid to us.
B5. If we make major changes or cancel your Package Holiday
It is unlikely that we will have to make any changes to your travel arrangements, 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 minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 56 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance .
Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of holiday park, a change of outward departure time or overall length of your arrangements of twelve or more hours. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification..
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of (for major changes) i) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a major change or cancel, less than 56 days before departure, we will also pay compensation as detailed below:
|Period before departure within which notice of Cancellation or major change is notified to you||Compensation payable per booking|
|56 days or more||Nil|
|55 - 29 days||€50|
|28 –15 days||€80|
|14 – 8 days||€100|
|7 days or less||€130|
We will not pay you compensation where we make a major change or cancel more than 56 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 56 days before departure).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. In no case will we pay compensation if accommodation is offered by us and accepted by you in the same location with a higher price than at the time of the original booking, where no additional payment is made by you for the higher priced accommodation.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by "force majeure" to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and if appropriate in all the circumstances, will pay you reasonable compensation.
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban with the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm
In accordance with EU Regulations we are required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us.
B7. Our Responsibilities to you in respect of Package Holidays
1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser”. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(i) the act(s) and/or omission(s) of the person(s) affected;
(ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(iii) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(iv) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(i) for loss of and/or damage to any luggage or personal possessions and money, you are assumed to have adequate insurance in place to cover any losses of this kind;
(ii) for claims not falling under 3(i) above and which don’t involve injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(iii) for claims in respect of international travel by air and sea and overland by train, or any stay in accommodation, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); EU Regulation 392/2009 (relating to the Liability of carriers of passengers by sea in the event of accidents); You can request copies of these Conventions from our offices. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
4) ) In any circumstances in which a carrier is liable to you by virtue of Regulation (EC) No. 261/2004 "the Denied Boarding Regulation 2004", any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
5) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you..
7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are identified as a payable extra on the holiday parc and which you choose to contract directly with the holiday parc supplier”.
B8. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
The Package Holidays and Travel Trade Act, 1995 provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Commission for Aviation Regulation at www.aviationreg.ie. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
SECTION C – PRINCIPAL BOOKINGS
This section applies to all single element bookings (i.e. accommodation only bookings) where your contract is with Al Fresco. You’ll know whether your contract is with us as it will be specified on your confirmation invoice. Please read this section in conjunction with Section A of these Booking Conditions.
The price of your arrangements will be confirmed on booking. When you have booked and paid your deposit, or the full amount if you book within 10 weeks of departure, the price of your booking as shown on your confirmation invoice is guaranteed, unless you elect to change the confirmed booking. The price of your confirmed booking is also subject at all times to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in the currency exchange used to calculate your arrangements any or all of which may result in a variation of the price of your arrangements.
C2. Changes made by you
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of €35 per booking outside ten weeks of departure or €70 within ten weeks of departure, per component per change in addition to any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee will be payable (see below).p>
PLEASE NOTE: Certain arrangements may not be amended, even to change a name, after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
C3. If you Cancel your Booking
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. Cancellation charges for the arrangements will be as follows:
|Period before departure within which notice of Cancellation by you||Amount of cancellation charge in addition to insurance premiums|
|70 days or more||Loss of deposit|
|56 - 69 days||30% of holiday cost|
|36 – 55 days||50% of holiday cost|
|22 – 35 days||70% of holiday cost|
|11 – 21 days||90% of holiday cost|
|0-10 days||100% of holiday cost|
C4. If We Change or Cancel Your Booking
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced by "force majeure" conditions to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
C5. Our Responsibilities
(1) Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(a) the act(s) and/or omission(s) of the person(s) affected; or
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
(b) relate to any business.
We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our advertising material. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are identified as a payable extra on the holiday parc and which you choose to contract directly with the holiday parc supplier.
SECTION D: AGENCY BOOKINGS
This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.
D1. Your contract
When making your booking we will arrange for you to enter into a contract with the supplier named on your receipt. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
You may wish to purchase flights, a ferry or other services on our website where available. Each component will be provided by different third party providers of the products you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package that we provide and therefore, unless the supplier provides such protection, you are not protected and your booking may not benefit from protection either. Until a component has been confirmed by the individual supplier, no contract has been formed.
D2. Cancellation and Amendment
Any cancellation or amendment request must be sent to us in writing, by email, fax or post, and will take effect from the day we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the provider of your arrangements. The provider may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements and will normally increase closer to the date of departure). In addition we may ask you to pay an administration fee of €70 per person for any amendments. You will be notified of the exact charges at the time of amendment or cancellation and it is recommended that you contact us prior to amendment or cancellation in order to confirm the charges applicable.
D3. Changes or Cancellations by the Supplier
We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions. In this event we will also charge you an administration fee of €70. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
D5. Our responsibility for your booking
Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission earned in relation to your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment..