In these Booking Terms and Conditions, the word “Company” means this person who arranges your transport, accommodation, etc. and who offers it as a holiday. “Consumer” means you, the person who buys or agrees to buy the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the Booking Form or any other person to whom you transfer a holiday which you have bought. The “Retailer” is the person who sells the holiday to you; he is not responsible for organising the accommodation or other component parts of this holiday.
1. THE CONTRACT
(a) A contract shall arise when the Company has received its completed Booking Form together with a deposit or full payment for the holiday and has issued written-confirmation of its acceptance to the Retailer. The terms of contract are contained solely in this booking form, the Company’s confirmation, The Company’s Brochure or other descriptive material and the itinerary issued by The Company.
(b) The Company reserves the right to terminate the contract with the Consumer if the behaviour or conduct of the Consumer or any person listed on his/her Booking Form 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, or that of the Company’s representatives, contractors, agents or employees and the cancellation charges as provided for in Clause 3 of this Booking Form are payable by the Consumer, where as a result of the Consumer’s actions or this actions of any other person who is listed on his/her Booking Form, either or both of this following incidents occur:
(i) there is a delay or diversion to the means of transportation the subject of this contract;
(ii) this accommodation in which the Consumer is staying is damaged;
(iii)the Consumer hereby agrees to indemnify the Company against any claim (including legal cost) made against the Company in relation to the occurrence of such incidents.
2. DISABLED PERSONS
It shall be the Consumer’s responsibility to disclose to The Company any physical or mental condition of a member of his party which may be relevant. The Company reserves the right to decline or provide a holiday for a disabled person where in the Company’s opinion that holiday would be inconsistent with the special needs of a disabled person.
To secure a holiday, the Consumer must pay a non-refundable deposit equal to 25% or 180 € (whichever is greater) of the value of the holiday for his/her party at the time of booking. The holiday must be paid for in full at least 60 days before the starting date of the holiday. The credit/debit card information supplied to pay the deposit will be used to proceed the full payment, unless advised otherwise. If it is not paid by that date the Company shall have the option to cancel the holiday. If the Company exercises that option or if the Consumer cancels the holiday (which cancellation must be notified in writing to the Company) the following cancellation charges are payable by the Consumer:
Table of Cancellation Charges – The following charges which are expressed as a percentage of the holiday cost will be made:
More than 60 days before starting date of the holiday – the deposit.
59 – 35 days before starting date of the holiday – 30% of holiday cost.
34 – 15 days before starting date of the holiday – 50% of holiday cost.
Less than 14 days before starting date of the holiday – 100% of the holiday cost.
All cancellation charges apply to each person covered by any booking. In the event that one person who is due to share a room needs to cancel a trip, then the other person will then be charged a single room supplement.
(a) Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking to a person who satisfies all the conditions required, having first given the Company or the Retailer reasonable notice in writing of his intention to do so before the departure date (such notice shall not be less than 21 days prior to the date of departure). The transferee of this Consumer must sign a Booking Form and comply with any other requirements of the Company applicable to the holiday
(b) A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Company or Retailer for the payment of any balance due in respect of the holiday and for a substitution fee of €30.00 per person substituted, subject to a maximum of €120.00 per booking (or such other greater sum as may be authorised).
(c) Insurance is not transferable.
(d) In accordance with the terms of Clause 1 (a) the Consumer who transfers a holiday booking and the transferee should be aware that some suppliers, such as carriers, impose cancellation fees and apply restrictions which are not within the control of the Company and for which the Company shall not be held liable. The transferor and transferee are both liable for these cancellation fees.
5. HOLIDAY PARTICIPATION
The Consumer agrees to accept the authority and decisions of the Company’s employees, representatives, tour leaders and agents whilst during the full duration of the holiday, starting at the first meeting of the first day and finishing at the last meeting point of the last day of the holiday. If in the opinion of such persons the health, level of fitness or conduct of a consumer at any time before or after departure appear likely to endanger the safe, comfortable or happy progress of a holiday, the consumer may be excluded from all or part of the holiday without refund or recompense. In the case of ill-health the company may make such arrangements as it sees fit and recover the costs thereof from the client. If a consumer commits an illegal act, the consumer may be excluded from the holiday and the company shall cease to have responsibility to/for them. If you are affected by a condition, medical or otherwise, that might affect you or other people’s enjoyment or active participation of the tour, you must advise us at the time of booking. No refund will be given for any unused services.
6. ALTERATION BY THE CONSUMER
If after acceptance by the Company, a Consumer wishes to alter a holiday, the Company may at its discretion and if practicable facilitate the change. A request for alteration must be in writing and must be accompanied by a payment of €40 per section every time a change is made in the booking, which payment is not refundable. No changes are permitted within 14 days of departure. If the alteration is impracticable the original holiday arrangement shall continue to apply. If only some of the Consumers booked request a change which is found to be practicable a price adjustment for all Consumers on the same booking may be payable and must be discharged on the date shown in the Company’s written confirmation of such change. If default is made by the Consumer in complying with the foregoing requirements the Company shall have the rights referred to in clause 3.
7. SPECIAL REQUESTS
Special requests (e.g. ground floor accommodation seaview, etc.) shall be communicated by the Consumer in writing to the Company or Retailer at the time of making the booking. the Company shall use reasonable endeavours to fulfil such requests. The Company shall invoice any additional costs directly engendered. The Company 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 Company for failure to comply with a special request which has not been confirmed by it in writing.
8. ACCOMMODATION ON REQUEST
Where special accommodation is requested by the Consumer after the booking has been confirmed by the Company, an additional administration charges of €30 will be payable by the Consumer. The Company shall also invoice any additional costs directly engendered. The Company 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 Company for failure to comply with a special request which has not been confirmed by it in writing.
9. ALTERATIONS BY THE Company
(a) The Company reserves this right to alter, change, curtail or cancel a holiday
(b) If, as a consequence of “force majeure” (as hereinafter defined in sub-paragraph (f) of this clause), The Company 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) Unless differently stated in some walking holidays, a minimum number of persons sharing are always required to ensure the price of a holiday remains the same as is printed in our price panels, and, a minimum number of bookings are required for any a program of holidays. In its published information relating to that program the Companies obligation to provide that program shall be contingent upon the Companies receiving and maintaining that minimum number of bookings. In the event that the Company does not receive the minimum number of bookings or having received such a minimum number has that number reduced by reason of cancellations or transfers by Consumers or otherwise, the Company shall be entitled to cancel or curtail this relevant program at any time up to 4 weeks prior to the departure date and the Consumer shall not be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Company’s shall notify the Consumer within seven days of any cancellation or curtailment necessitated by the foregoing circumstances.
(d) If prior to the departure date there is a cancellation, alteration, change or curtailment relating to a holiday, which results in more than 18 hours change in the time of departure, or a change of resort or in the type of accommodation offered or some other change which fundamentally alters the holiday, the Company shall, if practicable, offer an alternative comparable holiday, a lower grade holiday, with reimbursement of the price difference or a full refund to the Consumer of all monies paid. Unless within seven days of issue of the offer of an alternative holiday it is accepted by the Consumer in writing, the Company shall assume that the Consumer has declined such offer and will be reimbursed.
(e) Where the Company 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 the reasons referred to in sub-paragraphs (b) or (c) of this clause or where the Consumer accepts the alteration as provided for any in clause (d):
Departure date Compensation per person:
Within 8 weeks €13
Within 6 weeks €19
Within 4 weeks €25
Within 2 weeks €38
(f) 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 Company and for which the Company shall not be held liable. In the Booking Form this term “force majeure” means unusual and unforeseeable circumstances beyond the control of the Company, the Retailer or other suppliers of services the consequence of which could not have been avoided even if all due care had been exercised or an event which the Company, 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 Company or any other reason beyond the control of the Company.
Although not compulsory, the Company strongly recommend its Customers to purchase a travel insurance covering the following: holiday cancellation, luggage loss and theft, personal and third party injuries and repatriation. The Company does not in any circumstances take responsibility for the previously mentioned.
11. PRICE VARIATION
(a) All prices quoted are stated in Euros (€) and are based on tariffs and exchange rates current and appropriate at the time of publication.
(b) The holiday price is subject to surcharges on the following items: government action and currency fluctuation and even in this case, the Company absorbs an amount equivalent to 2% of the holiday price which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged. If this results in an increase of the holiday price of more than 10% the customer will be entitled to cancel the holiday and a full refund of all the money paid except for any premium paid to the Company for holiday insurance and amendment charges. The right to cancel must be exercised within 14 days from the issue date printed on the invoice.
12. THE CONSUMER RESPONSIBILITIES
(a) The Consumer shall check all travel documentation immediately it is furnished to him. If the Consumer considers any document is incorrect or has a query in relation to its contents, he shall forthwith notify the Retailer or the Company of his concern and the Company shall respond as soon as possible.
(b) The Consumer is solely responsible for ensuring that he presents himself at all the meeting points of his/her holiday mentioned in the travel documentation provided to him/her by the Company. If the Consumer arrives after the departing time stipulated in the travel documentation provided to the Consumer, the Company 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 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 holidays. The Consumer shall be responsible for ascertaining any limitations which apply in this regard and shall not present himself at the port of embarkation with any prohibited item in his luggage or on his person or with items which exceed weight or dimension restrictions applicable.
(d) This Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Company’s staff or any crew member of a carrier’s craft or vehicle used in connection with the holiday and hereby agrees to indemnify the Company 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.
(a) Without prejudice to the Consumer’s rights under clause 12 (b) below, if the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Company’s representative at the location where the Consumer is when the complaint arises and shall, if the Company requires it, complete a form setting out the detail of this Consumer’s complaint. It the Consumer fails to comply with such requirement, the Company shall be entitled to recover the cost from the Consumer of any additional expenses incurred by it in carrying out subsequent investigation of a complaint which is found to be unjustified.
(b) The Consumer shall be obliged to notify the Company 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. The Company can be contacted at: GreenLife Tours Ltd., 22 Blackpitts, D08 P3K3, Dublin.
The Company 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 Company or Retailer acting on the Companies behalf nor to that of another supplier of services:
(a) the failures which occur in the performance of the contract are attributable to the Consumer;
(b) such failures are attributable to any third parties unconnected with the provision of the services contracted for, with whom the customer makes individual direct arrangements whether as a result of the Company’s or its representative’s recommendation and are unforeseeable or unavoidable; or
(c) such failures are due to:
i) unusual and unforeseeable circumstances beyond the control of the Company, 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
ii) an event which the Company, the Retailer acting on his behalf or the supplier of services, even with all due care could not foresee or forestall. In the case of damage other than death or personal injury or damage caused by defamation or by the wilful misconduct or gross negligence of the Company the amount of compensation which will be paid to the Consumer will be limited to, in the case of an adult an amount equal to double the inclusive price of the package to the adult concerned and in the case of a minor, an amount equal to the inclusive price of the package to this minor concerned. The Company’s liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of in the place where they are performed or due to be performed even if that convention has not been ratified or applied in the Republic of Ireland.
(d) The customer must appreciate that in certain countries services in hotels, on tour and in restaurants cannot be expected to be of the same standard as those in Ireland and the UK and the term “reasonable standard” must be interpreted accordingly.
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 this contract, shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators – Irish branch. 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 of €50 (an administration fee of €127 is payable in respect of Personal Injuries claims in excess of €9,523). This form refers to the Institute’s Arbitration Rules which will apply to this arbitration and which have briefly summarised as follows (copies of the Rules and the accompanying Guidance Notes on Arbitration are available from the Institute at a cost of €6.00 per set)