Booking Terms And Conditions
PLEASE READ THE BELOW CONDITIONS. SHOULD YOU HAVE ANY QUERIES, PLEASE CONTACT US IMMEDIATELY. NO RESPONSE IS CONSIDERED ACCEPTANCE BY ALL PARTIES.
1. THE CONTRACT
(a) No contract shall arise until you, via your travel agent or our direct reservations, ask for your booking to be confirmed. By asking us or your travel agent to confirm your booking you are accepting these terms and conditions. A booking is confirmed when your travel agent receives a booking reference number, via their computer system or when this number is given by our sales staff to you or your travel agent by phone. If you are booking online you will be provided with a booking reference number online. The terms of contract are contained solely in these Terms and Conditions, 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 service 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 wellbeing 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 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 contact; (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.
2. DISABLED PERSONS
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. (a) The transport of Motorised Wheelchairs and/or Scooters is subject to any weight or dimension restrictions imposed by the airlines. The Organiser must be advised of the Consumer’s intention to take a motorised wheelchair and/or scooter on a flight at the time of booking. Carriage is not confirmed until accepted by the Organiser.
3. SPECIAL REQUESTS
Special requests shall be communicated by the Consumer in writing to the Organiser or Retailer at the time of 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.
4. PRICE VARIATION
All prices quoted are stated in euro or pound sterling as advised and are based on tariffs and exchange rate 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 variation 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 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: (a) transport costs, including the cost of fuel (b) taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports (c) the exchange rates which apply to the particular package.
5. THE CONSUMER’S RESPONSIBILITIES
(a) The consumer shall contact the Organiser immediately if any information that appears on the confirmation invoice or any other document appears to be incorrect or incomplete, as it may not be possible or may be costly to make changes later. (e.g. the first name / family name of all passengers). Joe Walsh Tours cannot accept any responsibility about any mistake if not notified to us within 7 days of its issuance. Should any change be required, Joe Walsh Tours will do its best to rectify any mistake or inconsistency notified to us but the Consumer may be required to meet any of the costs involved.
(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 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.
(d) 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) The Consumer is solely responsible for ensuring that he/she is aware of all requirements concerning passport, visa and health regulations relevant to their trip, to comply with them and to pay any costs associated with them.
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: (a) the failures which occur in the performance of the contract are attributed to the Consumer; (b) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or (c) such failures are due to (i) unusual and unforeseeable circumstances beyond the control of the Organiser, the Retailer acting on his behalf or other supplier of services, the consequences of which could not have been avoided, even if all due care had been exercised; (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. In the case of damage other than death or personal injury or damage caused by defamation or by the wilful misconduct or gross negligence of the Organiser the amount of compensation to be paid to the Consumer will be limited to, in the case of an adult, an amount equal to double the inclusive price of the holiday to the adult concerned and in the case of a minor an amount equal to the inclusive price of the holiday to the minor concerned.
The Organiser’s liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of in the place where they are performed or due to be performed, even if that convention has not been ratified or applied in the UK.
For international transport by air the provisions of the Warsaw Convention 1929 relating to the carriage of passengers and their luggage by air or the EU Regulation on Air Carrier Liability for travel by air, may apply, throughout the flight and during boarding and disembarkation. For international transport by water the provisions of the Athens Convention relating to the Carriage of Passengers and their luggage by sea, 1974 applies. Pursuant to these Conventions and the Regulation, the Organiser’s liability is limited or excluded for death, personal injury, loss of or damage to luggage and special provision is made for valuables.
(a) Without prejudice to the Consumer’s right under Clause 7(b) below, if the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Organiser’s representative at the location where the Consumer is when the complaint arises and shall if the Organiser requires, complete a form setting out the detail of the Consumer’s complaint. If the Consumer fails to comply with such a requirement, 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) 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 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 shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators.
9. GOVERNING LAW
The terms of the contract (as provided in Clause I(a) are to be interpreted under and is subject to UK laws.
The holiday must be paid for in full at least 12 weeks before the scheduled date of departure or if the contract is made later than 12 weeks before the scheduled date of departure, it must be paid for in full at the time of booking. If it is not paid by that date, the Organiser shall have the option to cancel the holiday. If the Organiser exercises that option or if the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser) the following cancellation charges are payable, per party by the Consumer: • More than 12 weeks before the departure date: Any deposit paid shall be forfeited. • Within 12 weeks of departure: 100% of the package price is forfeited. Please note that the minimum cancellation charge is equivalent to the deposit amount plus insurance premium. All cancellation charges apply to each person covered by a booking. As cancellation cover applies immediately, any insurance premium paid is not refundable.
11. ALTERATION BY THE CONSUMER
If after acceptance by the Organiser a Consumer wishes to alter a holiday, the Organiser may do so at its discretion if practicable. 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 €50 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 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. Name changes are subject to each airline’s terms and conditions.
12. ACCOMMODATION ON REQUEST
Where accommodation is on request an additional administration charge of €15 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 responsible steps to make a comparable alternative available 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 €15 administration charge.
13. ALTERATIONS AND CANCELLATIONS BY THE ORGANISER
(a) without prejudice to the Consumer’s statutory rights, the Organiser reserves the right to alter, change, curtail or cancel a holiday.
(b) If as a consequence of “force majeure” (as 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) 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 cancel or curtail the relevant programme 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 Organiser shall notify the consumer within seven days of any cancellation or curtailment necessitated by the foregoing circumstances. (i) 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 return, or a change of resort or in the type of accommodation offered, or some other change which fundamentally alters the holiday, the Consumer shall be entitled to withdraw from the contract without penalty or to accept the alteration to the contract. (ii) The Consumer shall inform the Organiser or the Retailer (as appropriate, in light of the Organiser’s instructions) of his decision to accept the alteration to the contract or to withdraw from the contract, in writing, within 7 days from the date upon which the Consumer was notified of a circumstance falling within Clause 13(d)(i) where the Consumer confirms acceptance of the alteration to the contract, the contract between the Organiser and the Consumer shall thereby be amended to include such alteration. (iii) Where the Consumer withdraws from the contract pursuant to Clause 13
(d)(i) or where the Organiser, for any reason other than the fault of the Consumer, cancels the package prior to departure the Consumer is entitled (a) to take a replacement package equivalent or superior quality if the Organiser (whether directly or through a Retailer) is able to offer such replacement, as may be offered by the Organiser: or (b) to take a replacement package of lower quality if the Organiser is able to offer such a replacement and to recover from the Organiser the difference in price between that of the package purchased and replacement package, as may be offered by the Organiser; or(c) to have repaid as soon as possible all monies paid under the contract. (iv) In the event that the offer of an alternative holiday is not accepted by the Consumer, in writing, within such time as shall be determined by the Organiser, from the date of the offer of the alternative holiday the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return payments made. (d) 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 other suppliers of the 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 the 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.
15. ONLINE BOOKING
Please refer to our website joewalshtours.co.uk.
17. CUSTOMER PROTECTION
All flights and flight-inclusive packages are financially protected by the ATOL scheme administered by the Civil Aviation Authority in the UK. Tours are operated by Northern Star Travel Ltd. ATOL 11313.