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(as defined in Section 3 of the Package Holidays and Travel Trade Act,
1995) Administered under the rules of the Chartered Institute of
Arbitrators – Irish Brand.
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.
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 an arbitrator is an Award.
If there is a dispute which cannot be mutually agreed, either party may
apply directly to the Institute at 8 Merrion Square, 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 the arbitration clause), details of any legal or
other people who are to represent the parties in the arbitration and an
administration fee is payable (details of which are available from the
Institute). 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. 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 Arbitrations are available from the
Institute for a fee, details of which are available from the Institute).
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.
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.
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.
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.
In this Booking Form 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 Booking Form or any other person
to whom you transfer a holiday which you have bought. The “Retailer
is the person who sells or offers to sell the holiday to you, he is not
responsible for organising the flight, accommodation or other
component parts of the holiday.
No contract shall arise until the Organiser has (i) received this
completed Booking From(which has, or a faxed copy hereof has, been
signed by the Consumer and by the Retailer as the agent of the
Organiser or by the Organiser); (ii) received a deposit or full payment
for the holiday; and (iii) has issued written confirmation of its
acceptance to the Retailer as the agent of the Organiser or to the
Consumer. THE TERMS OF THE CONTRACT BETWEEN THE CONSUMER
AND THE ORGANISER ARE CONTAINED SOLELY IN THIS BOOKING
FORM, 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 OF SERVICES AND THE ITINERARY ISSUED BY THE
ORGANISER.
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 10 of this Booking Form are payable by the Consumer. Further,
where, as a result of the Consumer’s actions or the actions of any
other person who is listed on this Booking Form either or both of the
following incidents occurs:
- (i) there is a delay or diversion to the means of transportation the
subject of this contract;
- (ii) the accommodation in which the Consumer is staying is damaged.
the Consumer, hereby agrees to indemnify the Organiser against any
claim (including legal costs) made against the Organiser in relation to
the occurrence of such incidents.
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
Retailer or to the Organiser where the booking has been made directly
with 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.
Special requests (e.g. ground floor accommodation, seaview 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. The granting of such
requests is the sole responsibility of the property management. 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.
All prices quoted are stated in euro and are based on tariffs 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. During the period of twenty days prior to departure
date, the price specified in the contract shall not be increased by the
Organiser. The circumstances in which the price may be varied shall
only be to allow for changes in:
transport costs, including the cost of fuel,
Dues, taxes or fees chargeable for services for such as landing taxes
or embarkation or disembarkation fees at ports and airports, or
The exchange rates which apply to the particular package.
The Consumer shall check all travel documentation immediately it is
furnished to him. If the Consumer considers any document to be
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.
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.
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.
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 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) It is also the sole responsibility of the Consumer to ensure that he
is in possession of all travel documentation i.e. passports, visas (where
relevant) and that same are in order. The consumer hereby agrees to
indemnify the Organiser for any costs incurred by the Organiser as a
consequence of the Consumer being denied transportation entry as a
consequence of the Consumer failing to have their travel
documentation or same not being in order.
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:
the failures which occur in the performance of the contract are
attributable to the Consumer;
such failures are attributable to a third party unconnected with the
provision of the services contracted for; and are unforeseeable or
unavoidable; or
such failures are due to (i) unusual and unforeseeable circumstances
beyond the control of the Organiser, the Retailer acting on his behalf
or any other supplier of services, the consequences of which could not
have been avoided, even if all due care had been exercised; or (ii) 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.
The consumer shall be obliged to notify the Organiser in writing of any
complaint not later than 28 days after his return to the port of
departure or termination of the holiday whichever is the earlier and no
complaint received thereafter shall be entertained.
Any dispute or difference of any kind whatsoever which arises or
occurs between any of the parties hereto in relation to anything or
matter arising under, out of or in connection with the contract and/or
the holiday connected to this contract shall be referred to arbitration
under the Arbitration Rules of the Chartered Institute of Arbitrators –
Irish Branch. Neither party has a right of Appeal except to the High
Court on a point of law. (Details of the said Arbitration Scheme are set
out on the reverse side of this Booking Form). Alternatively, claims for
less than the jurisdiction of the District Court Small Claims Procedure
per booking form may be pursued through the District Court Small
Claims Procedure. All claims in excess of the jurisdiction of the
District Court Small Claims Procedure shall be referred to arbitration.
The terms of the contract(as provided for in clause 1(a) of this Booking
Form) is to be interpreted under and is subject to the laws of the
Republic of Ireland.
The holiday must be paid for in full at least 8 weeks before the
scheduled date of departure of it 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.
CANCELLATION FOR NON-PAYMENT
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, cancellation
charges shall apply and be payable by the Consumer.
The following scale of cancellation charges apply: |
|
More than 56 days prior to travel |
Loss of Deposit |
55 - 29 days |
50% |
28 - 15 days |
70% |
14 - 03 days |
90% |
Within 72 hrs of dept. |
100% |
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 made by the Consumer in writing to the
Retailer (who shall forward same to the Organiser) or, where the
booking has been made directly with the Organiser to the Organiser
and must be accompanied by a payment of e25 per person, which
payment is not refundable. If the alteration is impracticable the
original holiday arrangement shall continue to apply.No alteration by
the consumer shall be effective until such time as the Organiser issues
written confirmation of acceptance of such alteration and the contract
between the Organiser and the Consumer shall be thereby amended
to include such alteration. If only some of the Consumers booking
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 right to
cancel the holiday in accordance with clause 10 and the cancellation
charges as provided for in clause 10 are payable by the Consumer.
Once travel has commenced, no charges or alterations may be made
by the Consumer and no refunds shall be made by the Consumer and
no refunds shall be made in respect of flights or other travel
arrangements, which are not availed of.
Where accommodation is on request an additional administration
charge of e25 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 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 e25 administration charge.
Without prejudice to the Consumer’s statutory rights, the Organiser
reserves the right to alter, curtail or cancel a holiday.
If as a consequence of “force majeure” (as defined in sub-paragraph
(d) 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.
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 the Consumers or otherwise, the Organiser shall 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.
In accordance with the provisions of Clause 1(a) the Consumer should
be aware that some suppliers, such as carriers, impose cancellation
fees and apply restrictions which are not within the Control of the
Organiser and for which the Organiser shall not be held liable. In this
booking form, the term “force majeure” means unusual and
unforeseeable circumstances beyond the control of the Organiser, the
retailer or any other suppliers 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, the Retailer 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 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 holiday, fraud perpetrated against the Organiser or any other
reason beyond the control of the Organiser.
THE CONSUMER’S 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 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. 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. 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 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.
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
Policy Number:..............................................................................
Date of Birth if over 60:.................................................................
The Organiser is committed to protecting your privacy and
information. The information we use is for the purpose of fulfilling our
contract as an Organiser. Information that you provide to us will be
held on computers (and in other ways) for use by us for the following
purposes;
(a)Booking Information; (b) Information about you (and your travelling
party) may be passed to holiday providers and others may include
things such as age, dietary requirements, you (or travelling party’s)
physical or mental health. This information may also be transferred
abroad;(c) If you apply for insurance, then we may process information
(including medical information) about you (or your travelling party) and
pass it to the insurers; (d) 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 purposes
of fraud prevention and/or debt collection; (e) To contact you via email,
letter or phone with details of selected supplier’s products and
services which may be of interest to you. By entering into a contract
with us you agree to the use and disclosure of information as
described. A copy of your personal information held can be provided
on request. You have the right to have any inaccurate personal
information rectified or erased.
15B. Please note that the airlines are required by new laws introduced
in the United States and other countries to give border control
agencies access to passenger data. Accordingly any information we
hold about you and your travel arrangements may be disclosed to the
customs and immigration authorities of any country in your itinerary.
Whilst every effort is made to avoid mistakes in prices arising,
occasionally, due to the complexity of pricing and fares and the high
volume of transactions carried out by Limerick Travel Ltd., bona fide
and genuine mistakes occur. Where mistakes do arise the Consumer
shall be informed of the correct price as soon as possible and the
Consumer shall be entitled to either confirm the booking at the correct
price or cancel the holiday immediately in writing and receive a full
refund of the moneys paid
All passengers must be in possession of a passport valid for at least 6
months beyond the planned return date. In addition visas are required
for some countries. We will provide the relevant information regarding
visas to EU and EEA passport holders at the time of booking. Non EU
and EEA passport holders should check visa requirements with their
own relevant embassy. However all clients are responsible for
obtaining and purchasing their own visas in good time before
departure. Children, including babies, must be either included on
their parents passport or hold a valid passport of their own if travelling
to the USA.
Whenever the Organiser learns of development work likely to affect
the enjoyment of the holiday, the Organiser will endeavor to contact
the consumer if there is time before departure. If such work, in the
Organiser’s opinion will seriously impair the enjoyment of the
Consumers holiday the Organiser will offer an alternative holiday or a
full refund of all monies paid.
Handicap certificates are required which can be issued by your club in
Ireland.
The carriage of golf clubs is at the discretion of the airline and there
may be an extra charge. We cannot accept responsibility for any delay
on the part of an airline to carry your golf clubs or for any
consequential loss suffered as a result of such a delay.
We cannot be held responsible for the actual playing conditions of golf
courses, whether caused by course maintenance, climatic or other
conditions.
Any refunds of green fees must be sought directly from the golf
courses during the course of your visit
We cannot be held responsible for tee-off times |
