Terms and conditions

BOOKING CONDITIONS

In these Booking Conditions 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 takes, or agrees to take the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the confirmation invoice or any other person to whom you transfer a holiday which you have bought.

1. The Contract

(a) The terms of the contract between the Consumer and the Organiser are contained solely in this document, the Organiser’s confirmation, the Organiser’s brochure, or other descriptive material, any airline or sailing ticket issued, the terms and conditions of any suppliers or services and the itinerary issued by the Organiser.

(b) The Organiser reserves the right to terminate the contract with the Consumer if the behaviour or conduct of the 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, the Organiser, or that of the Organiser’s representatives, contractors, agents or employees and the cancellation charges as provided for in Clause 8 of these booking conditions are payable by the consumer.

(c) Any dispute arising in connection with the contract shall be determined in accordance with the laws of the Republic Of Ireland.

(d) The particulars of a holiday are subject to confirmation and acceptance by the Organiser, and may be altered by the Organiser upon notice in writing to the Consumer at any time up to 7 days before departure date where any particular contains an obvious mistake.

(e) Credit card details should be submitted by the credit card holder. In the event that the Consumer is not the credit card holder, the Consumer hereby acknowledges that they are representing that they have the authority of the credit card holder to submit these credit card details. Criminal or civil liability may attach to a person who submits credit card details without authority.

2. The Contract Online

(a) The information contained on this website constitutes an advertisement only. The customer, by agreeing to these conditions and completing and electronically submitting this electronic form with an itinerary, credit/debit card details, and other information, makes an offer to the Retailer for the selected holiday. The Retailer may either accept or reject this offer. Invoice notification of acceptance or rejection will be communicated to the Customer at the postal address, which the Customer provides. The Customer recognises that a contract for the service is immediately formed with the Organiser when the Retailer, as agent for the Organiser, 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 Retailer. The particulars may be altered by the Retailer 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.

3. Disabled Persons

(a) 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 and no liability shall attach to the Organiser for the provision of an unsuitable holiday for a disabled person where disclosure of the disability has not been made to the Organiser.

(b) The Organiser reserves the right to decline or provide a holiday for a disabled person where in the Organisers opinion the holiday would be inconsistent with the special needs of a disabled person.

4. Special Requests

Special requests (e.g. quiet room, ground floor, etc.) shall be communicated to the Organiser in writing at time of booking. The Organiser shall use all reasonable endeavours to fulfill such requests. The granting of such requests is the sole responsibility of the relevant supplier. No liability shall attach to the Organiser for failure to comply with a special request and such requests do not form part of the contract.

5. Responsibilities of the Consumer

(a) The Consumer shall immediately notify the Organiser if any information that appears on the confirmation invoice or any other document appears to be incorrect or incomplete. The Organiser shall not be responsible for mistakes in documents if not informed of such mistakes by the consumer within 10 days of the date of issuance of the documents.

(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.

(c) The Consumer is restricted by regulation of carriers and executive authorities with regard to the weight, type and contents of baggage which he may take onboard 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 agrees to follow instructions or directions given by a member of the Organiser’s staff or any crew member of carrier’s craft or vehicle used in connection with the holiday and hereby agrees to indemnify the Organiser against any loss or injury incurred by any other person as a consequence of the Consumer’s failure to act in accordance with any such direction or instruction.

6. Liability

(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 not to that of another supplier of services where

(i) the failures which occur in the performance of the contract are attributable to the Consumer;

(ii) such failures are attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable or

(iii) such failures are due to force majeure, that is to say, unusual and unforeseeable circumstances beyond the control of the Organiser or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised, or an event which the Organiser or the supplier of services, even with all due care could not foresee or forestall.

(b) In the case of damage other then death or personal injury or damage caused by the willful 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 the minor an amount equal to the inclusive price of the Package to the minor concerned.

(c) In the case of damage arising from the non-performance or improper performance of the services involved in the package holiday the Organiser’s liability to pay compensation shall be limited in accordance with any international convention in force governing such services in the place where they are performed or due to be performed.

7. Complaints

(a) If a Consumer wishes to make a complaint in relation to a holiday he must immediately inform the Organiser’s representative, local agent or appropriate supplier so that remedial action can be taken without delay at the location where the Consumer is when the complaint arises and shall, if the Organiser requires, complete a form setting out the detail of the Consumer’s complaint. If the Consumer fails to comply with such requirements, 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 any action taken under sub-paragraph (a) of this clause, the consumer shall be obliged to notify the Organiser in writing of any unresolved complaint not later then 28 days after his return to the port of departure or termination of the holiday (whichever is the earlier) Complaints must be dealt with in writing and cannot be dealt with in person or by phone. The Organiser shall be entitled to a reasonable period of time in which to investigate any written complaint received from the Consumer and to respond thereto before any arbitration or other legal proceedings are initiated by or on behalf of the Consumer.

8. Governing Law

The terms of the contract as provided for in clause 1(a) is to be interpreted under and subject to the laws of the Republic of Ireland.

9. Payment

A non-refundable deposit of €100 or 10% (on tours over €1000 value), or €200 (Europe)or €250 (Worldwide) on cruises per person is required to secure any booking. Full payment is due 12 weeks prior to departure or in the case of promotional or reader offers on confirmation. Should the balance be left unpaid the Organiser shall have the option to cancel the holiday. If the Organiser exercises that option to cancel or the Consumer cancels the holiday (notice of which must be notified in writing to the Organiser) the full cost of the holiday will be charged. All Aer Lingus and promotional packages are subject to 100% cancellation charges once confirmed, regardless of time and documentation. In addition to this, specific cancellation charges vary between carriers and suppliers, therefore individual carrier/supplier cancellation conditions will also apply.

All cancellation charges apply to each person covered by a booking. Any insurance premium paid is non refundable. In a case where only some of the customers booked cancel, the organiser may, in addition to levying cancellation charges, adjust the price of the holiday for the remaining customers. In a case where the number of customers on a booking falls below the minimum number required for the particular accommodation the Organiser may deem the whole booking to have been cancelled, and levy cancellation charges accordingly. In all cases of cancellation all customers covered by a booking shall be jointly and severally liable to the Organiser for all charges including cancellation charges and price adjustments.

10. Alteration By The Consumer

(a) If after acceptance by the Organiser, the Consumer wishes to alter a holiday, the Organiser may do so at its discretion if practicable. The organiser will advise the Consumer of any additional cost or refund involved.

(b) Once travel has commenced no changes or alterations by the Consumer may be made, and no refunds shall be made in respect of unused arrangements which are not availed of.

11. Alteration By The Organiser

(a) Without prejudice to the Consumers statutory rights, the Organiser reserves the right to alter, change, curtail or cancel a holiday.

(b) If as a consequence of force majeure (as hereafter 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) If the Organiser has specified a minimum number of bookings 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 2 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 in resort or type of accommodation offered, or some other change which significantly 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. Unless within seven days of issue of the offer of an alternative holiday, it 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.

(e) Where the Organiser makes an alteration in the holiday as contemplated in sub-paragraph (d) 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 reasons referred to in sub- paragraph (b) or (c) of this clause. Notification Period Prior to Departure Date: (Compensation per Person) Within 8 weeks €20 Within 6 weeks €30. Within 4 weeks €40 Within 2 weeks €60

(f) In these booking conditions, the term force majeure means unusual and unforeseeable circumstances beyond the control of the Organiser or other supplier of services the consequences of which could not have been avoided even if due care had been exercised or an event which the Organiser or the supplier of services even with all due care could not foresee or forestall, including, 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, riots, acts of civil 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 connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.

12. Insurance

It is a condition of this contract that the Consumer is covered either by the travel Insurance scheme arranged by the Organiser or covered by another travel Insurance scheme which furnishes the consumer with at least the same level of cover as that afforded by the travel scheme arranged by the Organiser. The Consumer’s attention is drawn to the exclusion clauses and excess on the insurance policy and to the obligation contained therein to disclose any material facts 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 the desired level of cover. In the event that the Consumer does not avail of the Organiser’s travel Insurance scheme he must furnish details of the alternative travel Insurance scheme which he has arranged at the time of booking. Should you choose to arrange your own insurance. A copy of this policy, loss adjuster details and a 24 hour emergency telephone number must be advised to the organizer by way of fax, post or electronic means. It is the responsibility of the Consumer to check that the Insurance cover scheme provides the Consumer with his desired level of cover. In so arranging Insurance cover for the Consumer the Organiser is acting as 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. Unless the Consumer, when booking expressly indicates otherwise, the consumer shall be automatically covered by the Organiser’s travel Insurance scheme and the premiums will be added to the price of your holiday The Organiser reserves the right to levy an administration charge in respect of any additional work or expenditure incurred by the Organiser in assessing the adequacy of the cover afforded by the alternative travel Insurance scheme being taken out by the Consumer. As cancellation cover applies immediately, no refund of premiums can be made.

13. Price Variation/Flight Variation

All prices quoted are stated in Euro and are based on tariffs, transport costs including fuel 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. During the period of twenty days prior to the departure date, the price stated in the brochure shall not be increased by the Organiser. The flights referred to in the Citiescapes/Alan Lynch Travel Group brochures are scheduled to be operated by the airlines detailed at the time of booking. The Organiser reserves the right to change airlines or aircraft types at any time. Such changes will not be regarded as a significant change and you will not be entitled to cancel your holiday without paying the appropriate cancellation charges (see ‘Payment’ section above). Some flights may have to stop enroute. Where this is known in advance details will be advised at the time of booking. Although the flight times at the time of booking are correct, possible alteration to these times may occur. You will only be entitled to cancel your holiday booking without penalty or to receive compensation when the change to your flight times is 18 hours or more. Other changes which, for example, may give a reduced time in resort cannot be compensated (see ‘alterations by the organiser’).

14. Data Protection

(a) The Organiser is committed to protecting your privacy and information. The information that we use is for the purpose of fulfilling our contract as an Organiser. Information that you provide us with will be held on our computers and in other ways for use by us for the following purposes:

(i) Booking information

(ii) Information about you (and your travelling party) may be passed to holiday providers and others and may include things such as age, religious beliefs, dietary requirements, you (or your travelling party’s) physical or mental health. This information may also be transferred abroad

(iii) If you apply for insurance, then we may process information (including medical information) about you and your travelling party and pass it to the insurers

(iv) Information supplied by you may be processed by us for Statistical Analysis and/or Market Research and may in certain instances be disclosed to our agents for the purpose of fraud prevention and/or debt collection

(v) To contact you via e-mail, letter, text or phone with details of Citiescapes or selected suppliers offers which may be of interest to you. By entering into a contract with us you agree to the use and disclosure of information by Citiescapes as described. A copy of your personal information held by Citiescapes can be provided on request. You have the right to have any inaccurate personal information rectified or erased.

(b) Please note that airlines are required by new laws introduced in the United States and other countries to give border control agencies access to passenger data. Accordingly the information we hold about you and your travel arrangements may be disclosed to customs and immigration officials of any country in your itinerary.

15. ARBITRATION ARRANGED BY THE CHARTERED INSTITUTE OF ARBITRATORS – IRISH BRANCH ON BEHALF OF TOUR OPERATOR (Organiser) MEMBERS OF THE I.T.A.A. Administered under the Rules of The Chartered Institute of Arbitrators – Irish Branch (‘the Institute’)

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 a dispute. 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 an 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 5, Wilton Place, Dublin 2, 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 Arbitration Clause), details of any legal or other people who are to represent the parties in the Arbitration and an administration fee of €80.00.This form refers 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 €10 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 this 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 his 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. The Arbitrator has absolute discretion to award costs as he thinks fit.