Booking Terms And Conditions
1. WHO WE ARE
We are Petriva Limited trading as Joe Walsh Tours, JWT Travel, Leinster Rugby Travel & Paul Claffey Tours. Our registered address is at 89 Harcourt St, Dublin 2, D02 DY88, telephone number: (01) 2410800 and email address: firstname.lastname@example.org. We are the organiser of your package holiday. We are responsible for the proper performance of all travel services included in the booking.
References to “you” and “your” will include the lead name and all persons named on the booking.
References to ‘the booking’, ‘your booking’, ‘the holiday’, ‘your holiday’, ‘the package’ and ‘your package’ refer to your package travel contract with us, as confirmed by us in our confirmation invoice, and any changes made in accordance with these Booking Terms and Conditions.
Lead Name means, the person who is over 18 years of age and has the legal capacity and authority to book the package on behalf of those persons travelling on the booking and act on their behalf in relation to the booking.
Unavoidable and extraordinary circumstances means a situation beyond our control (or your control, if you are invoking such a situation), the consequences of which could not have been avoided even if all reasonable measures had been taken, including warfare, other serious security problems such as terrorism, significant risks to human health, such as the outbreak of a serious disease, at the travel destination, or natural disasters such as floods, earthquakes, or weather conditions which make it impossible to travel safely to the destination as agreed in your booking, natural disasters, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, 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 us or any other reason beyond our control.
2. MAKING A BOOKING WITH US
A booking is made when (i) we have received payment of the deposit in respect of each person travelling on the booking and (ii) we have issued our Confirmation Invoice. These terms and conditions and the contents of our brochure and/or website, together with the terms and conditions of any of our suppliers, such as transport operators and accommodation providers, apply to the booking.
The lead name is responsible for ensuring the accuracy of the personal details or any other information supplied in respect of those travelling on the booking. We will only deal with the lead name in all subsequent correspondence, including changes, amendments and cancellations.
Minimum Age: Any passengers who are under 18 years at date of departure (a minor) must be accompanied by an adult (over 18 years of age on date of departure).
A deposit is required in order to make a booking. Deposit amount can vary and will be advised at the time of booking. Deposits are non-refundable. Full payment is required 12 weeks prior to departure date. If we do not receive full payment by this date then we reserve the right to charge applicable cancellation charges as outlined in clause 5.1 below.
4.1 If you change your booking
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such request. Where we can, an amendment fee of €50 per person will be payable together with any costs or charges incurred or imposed by any of our suppliers. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.
You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 56 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of €50, must be paid before the transfer can be effected.
As certain arrangements (such as flights) cannot be changed after a reservation has been made, name changes, other alterations and cancellation affecting these services are likely to incur a 100% cancellation charge and the applicable cost of rebooking the service. The rebooking will always be subject to flight availability and to the payment of the full cost of the new ticket.
4.2 CHANGES MADE BY US
(i) Price Changes
We reserve the right to increase the price of your booking, after you have booked, but no later than 20 days before the start of the package, only where there is a change in:
· the price of the carriage of passengers resulting from the cost of fuel or other power sources;
· the level of taxes or fees on the travel services included in your booking, arising from the imposition by third parties, not directly involved in the performance of your package, including tourist taxes, landing taxes or embarkation of disembarkation fees at ports and airports, or
· the exchange rates relevant to your package.
If any of the costs referred to above decrease, before the start of the package, you will be entitled to a price reduction and will receive a refund of the amount due less any administrative expenses we have incurred.
It the price increase exceeds 8% of the total price of your booking (excluding any insurance premiums or amendment charges), you can either: –
(a) accept the proposed change; or
(b) cancel your booking and receive a full refund of all the monies you have paid to us [except for any insurance premiums and any amendment charges]
(ii) Changes other than price changes
Without prejudice to your statutory rights, we reserve the right to make changes to your holiday arrangements at any time.
If we make an insignificant change, we will inform you, as soon as we can, if there is time before your departure. A change of flight time of less than 12 hours, airline, destination airport or accommodation to another of a similar standard and with similar facilities will also all be treated as insignificant changes
Occasionally, after we have confirmed your booking, we have to make significant changes to your booking, such as a price increase of more than 8%, or a change to your holiday, which results in more than 12 hours change in the time of departure or return, or a change of resort, or in the type of accommodation offered, or some other significant alteration to any of the main characteristics of the travel services you have booked.
Where we have to make a significant change, we will inform you without undue delay and you will have the choice to:
(a) accept the proposed change; or
(b) accept an alternative holiday, if available, and if the alternative holiday is of lower quality or cost, you shall be entitled to a refund of any price difference; or
(c) cancel your booking and receive a full refund of all the monies you have paid (except for any insurance premiums).
You must inform us of your choice within 2 days from the date upon which we notified you of the significant change. Where you accept the significant change or an alternative holiday, these Booking Terms and Conditions will continue to apply to your booking. If you do not respond to us within 7 days, we will assume that you are not accepting options (a) or (b) and you will only be entitled to a refund in accordance with option (c) above.
5.1 If you cancel your booking
You may cancel your booking at any time before the start of your holiday in return for payment of the cancellation fees detailed below.
Number of days before departure Cancellation charge
More than 84 days before departure Any deposit paid is forfeited
83 to 61 days before departure 50% of the cost of the holiday is forfeited or loss of deposit, whichever is greater.
60 to 31 days before departure 70% of the cost of the holiday
30 to 8 days before departure 90% of the cost of the holiday
Within 7 days of departure 100% of the cost of the holiday
Deposits are non-refundable.
You also have the right to cancel your booking before the start of your holiday, without paying cancellation charges, in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of your package or which significantly affects the carriage of passengers to
the destination. You will be entitled to a full refund of any monies you have paid (except for any insurance premiums) but shall not be entitled to additional compensation.
5.2 If we cancel your booking
Without prejudice to your statutory rights, we reserve the right to make changes to your holiday arrangements at any time, including when there are not enough people booked. In these circumstances we’ll let you know based on the duration of your holiday as follows:
Duration of your package Notice of Cancellation
More than 6 days 20 days before departure
Between 2 and 6 days 7 days before departure
Less than 2 days 48 hours before departure
If we cancel your booking, we will pay you compensation in accordance with clause 6 below, unless the reason for the cancellation was due to unavoidable and extraordinary circumstances or where the minimum number of persons required for the package to take place has not been reached, or for non-payment of your balance.
6. COMPENSATION SIGNIFICANT CHANGES/CANCELLATION
Where we cancel your booking or where you do not accept a significant change (see Clause 4.2(ii) above) and choose to cancel your booking we will pay you compensation in accordance with the scale set out in the box below
Period before departure when significant change or cancellation is notified Compensation payable per person
Within 3 weeks €10 per person
Within 2 weeks €20 per person
Within 72 hours €30 per person
You will not be entitled to compensation where the cancellation or significant change is due to unavoidable and extraordinary circumstances.
7. SPECIAL REQUESTS
Special requests (e.g. ground floor accommodation, sea view etc.) must be communicated by you in writing to us at the time of making the booking. We will do our best to fulfil such requests. The granting of such requests is the sole responsibility of the relevant supplier. No liability shall attach to us for failure to comply with a special request and such requests do not form part of our contract with you.
8. PERSONS WITH SPECIAL NEEDS
It shall be the lead name responsibility to disclose to us, prior to booking, any physical or mental condition of a member of the party which may be relevant. We may require the member of the party to produce a doctor’s certificate, certifying that the person in question is fit to participate. If we are unable to properly accommodate the needs of the person concerned, we will not confirm the booking for that person or if we were not provided with full details at the time of booking, we will cancel the booking in respect of that person and impose applicable cancellation charges when we become aware of these details.
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.
It is a condition of our acceptance of your booking that you obtain appropriate travel insurance. This insurance must include cover for (i) cancellation or curtailment of your holiday as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident, (iii) personal liability, (iv) medical expenses and repatriation in the event of medical need (v) cover for costs and liability arising from any specific activity you intend to participate in. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition. Details of the policies we offer are shown on our website. If you decide not to purchase this insurance, you must give details in writing of your alternative policy (insurer and policy number) if requested to do so. If you choose our insurance cover please note that we are acting as the agent of the relevant insurer and shall not be responsible to you for any default by the insurer under that policy. All claims made against the insurance policy shall be made directly to the insurer. You shall be responsible for making any special or increased insurance arrangements which are deem necessary by your insurer.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies.
9. OUR RESPONSIBILITY TO YOU
We are responsible for the proper performance of all travel services included in your booking. You must inform us, without undue delay of any failure on our part or our suppliers’ part to perform or properly performance any of the travel services included in your booking. If we don’t remedy the problem within a reasonable time period, you may be entitled to an appropriate price reduction and/or compensation.
We shall not be liable for any failure to perform or improper performance of the contract where the failure or improper performance is, (i) attributable to you or (ii) attributable to a third party unconnected with the provision of the travel services included in your booking and is unforeseeable and unavoidable or (iii) is due to unavoidable and extraordinary circumstances.
Limitation of Our Liability
In the case of damage other than death or personal injury or damage caused intentionally or negligently on our part or that of our suppliers, the amount of compensation which we will pay to you will be limited to three times the cost of the holiday.
Also, our 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 Ireland.
For international transport by air, the provisions of the Warsaw Convention/ the Montréal Convention may apply. For international transport by water, the provisions of the Athens Convention may apply. In respect of rail travel, the Berne Convention, in respect of carriage by road, the Geneva Convention; and, in respect of hotels, the Paris Convention may apply.
This means that we are to be regarded as having all benefits of any limitations of liability contained in any of these conventions or any other international conventions applicable to your holiday. Further, the operating carrier or transport operator’s conditions of carriage will apply to you and form part of your contract with us and with the transport company or carrier.
A copy of the conditions of carriage applicable to the holiday and the conventions referred to above, can be supplied on request. We are entitled to deduct any money which you receive or are entitled to receive from the relevant supplier from any payments we may make to you.
In the event of any liability on our part for injury, illness or death, no payment will be made unless the following conditions are complied with:
(i) you must advise us in relation to the injury or illness while at the resort and must also write to us within 28 days of the completion of the holiday;
(ii) you transfer any rights that you may have, in respect of such injury, illness or death against any person to us or our insurers;
(iii) you must co-operate fully with us to enable us or our insurers to enforce such rights.
Identity of Air Carriers
We are obliged to inform you, at the time of booking, of the identity of the operating carrier(s) which is/are due to perform, or likely to perform, your flight and if there are any changes to the operating air carrier(s) we are obliged to inform you of any such change(s) as soon as possible. If we don’t know the identity of the operating carrier(s) at the time of booking, we must inform you of same as soon as such identity is established. In all cases, we are obliged to inform you of the identity of the operating air carrier at check-in or on boarding, where no check-in is required for a connecting flight. In accordance with EU Directive- (EC) No. 2111/2005, we are required to bring to your attention the existence of a ‘Community Blacklist’ which contains details of air carriers that are subject to an operating ban within the EU Community. The EU Community list is available for inspection at https://ec.europa.eu/transport/sites/transport/files/air-safety-list_en.pdf
EU Regulation 261/04
If your flight is cancelled or delayed, you flight ticket is downgraded or boarding is denied by your airline, in circumstances which would entitle you to claim compensation against the airline under EU Regulation 261/04 (‘Reg 261/04’), you must pursue the airline for compensation due to you. Reimbursement of the cost of a flight that forms part of your holiday does not automatically entitle you to reimbursement of the cost of your holiday from us. We have no liability to make any payment to you in relation to Reg 261/04. 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. If the airline does not comply with its obligations under Reg 261/04, you should report this to the Commission for Aviation Regulation, further information can be found at https://www.flightrights.ie/. To avoid over-compensation, we are entitled to deduct any money which you have received or are entitled to receive from the carrier under Reg 261/04 from any compensation payments we make to you.
Where as a result of your actions either or both of the following incidents occur: (i) there is a delay or diversion to the means of transportation included in the package, (ii) the accommodation in which you are staying damaged, you agree to indemnify us against any claim (including legal costs) made against us in relation to the occurrence of such incidents.
We reserve the right to terminate the package contract with you if your behaviour or conduct either prior to or during a holiday is likely to endanger your safety or wellbeing or ours (including our representatives, contractors, agents and employees) or that of others and the cancellation charges as provided for in Clause 5.1 shall apply.
During your holiday
If you are unhappy with any of the travel services you have booked you should, 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.
When you return
If the matter is not resolved or cannot be resolved, while you are away, then you should follow this up, by writing to us, within 28 days from returning from your holiday.
An Online Dispute Resolution (ODR) platform has been set up by the European Commission http://ec.europa.eu/consumers/odr/ which provides easy access to alternative dispute resolution (ADR). Please note that we are not currently subscribed to an approved Alternative Dispute Resolution (ADR) scheme therefore neither the ODR platform nor any approved ADR providers will be able to accept your complaint. If you prefer, you can take your complaint to the District Court Small Claims Procedure or another suitable court.
12. YOUR FINANCIAL SECURITY
The EU Directive on Package Travel and Linked Travel Arrangements 2015/2302 requires us to provide security for the package holidays booked with us and for your repatriation in the event of our insolvency.
For our flight-based packages, we hold a Travel Agent’s licence Number TA0804 and a Tour Operator’s licence number TO273 issued by the Commission for Aviation Regulation, 3rd Floor, Alexandra House, Earlsfort Terrace, Dublin 2, Telephone Number +353 1 6611700, Email: email@example.com and as a requirement have arranged an approved secured bond.
13. ASSISTANCE WE WILL PROVIDE TO YOU IF YOU ARE IN DIFFICULTIES ON HOLIDAY
If you are in difficulties and you have contacted us looking for assistance, we will provide you with appropriate assistance, without undue delay, in particular by:
· providing appropriate information on health services, local authorities and consular assistance; and
· assisting you in making distance communications and helping you find alternative travel arrangements.
If the difficulty for which you require assistance was caused intentionally by you or through your negligence, we shall not be liable for the costs of any alternative travel arrangements or other such assistance you require and we reserve the right to charge you a reasonable fee for any assistance we provide, which will not exceed the actual costs we incur.
14. PASSPORTS, VISAS & PASSENGER NAMES & HEALTH FORMALITIES
Passports & Visas
Passports & Visas
It is your responsibility to check with the relevant Embassies and/or Consulates for your specific passport, visa and immigration requirements and to comply with such requirements. We do not accept any responsibility if you cannot travel or suffer any other loss because you have not complied with these. Up to date travel advices can be obtained from the Department of Foreign Affairs, www.dfa.ie/travelwise. Some countries now require passports to be valid for at least 6 months after your return date. You agree to reimburse us in relation to any fines or other losses we incur as a result of your failure to comply with any such requirements.
It is the Lead Name’s responsibility to ensure that all passenger names provided to us at the time of booking are as per passport and they must be in typed format and submitted to us via email, fax or post. If any changes are to be made once airline seats have been purchased then name change fees will apply, see Clause 4.1(i) above.
You’ll need vaccinations to visit some of our destinations. You should speak to your doctor at least 2 months before you’re due to go away. Some treatments, for malaria for example, should begin well before you go. If you’re booking within 3 weeks of your departure, speak to your doctor before you book.
15. DATA PROTECTION AND PRIVACY
16. GOVERNING LAW & JURISDICTION
These Booking Terms and Conditions and any agreement to which they apply shall be governed by and construed in accordance with the laws of Ireland and each of the parties hereby submits to the exclusive jurisdiction of the Courts of Ireland in regard to any matter arising from or touching upon these booking terms and conditions and any agreement to which they apply.
17. ERRORS & OMISSIONS
If there is an obvious error on the confirmation invoice we reserve the right to correct it as soon as we become aware of it.
We have taken great care to ensure that all the information contained in our brochures and on our website is accurate and correct. However, there may be circumstances beyond our control where details have changed since our original descriptions were agreed.