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 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 flight, accommodation or other component parts of the holiday.
- 1. THE CONTRACT
- a. No contract shall arise until the Organiser has received this complete 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 Organiser's confirmation, the Organiser's Brochure or other descriptive material, any airline or sailing ticket issued and the itinerary issued by the Organiser.
- b. The Organiser reserves the right to terminate this contract if the behaviour or conduct of a 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.
- 2. DISABLED PERSONS
It shall be the Consumer's responsibility to disclose to the Organiser any physical or mental condition of a member of his party, which may be relevant. The Organiser reserves the right to decline or 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.
- 3. PAYMENT
The holiday must be paid for in full at least 8 weeks before the scheduled date of departure. 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 by the Consumer:
EUROPE, BRITAIN, IRELAND ESCORTED TOURS.
More than 56 days
31 to 56 days
22 to 30 days
15 to 21 days
1 to 14 days
Air ticket cancellation charges of 100% may apply in conjunction with the above charges. All air tickets must be paid in full in order to apply for any refund of airline taxes and levies. No refunds will be applied for if the deposit paid is less than the cost of the airline ticket.
All cancellation charges apply to each person covered by a booking. Any insurance premium paid is not refundable.
- 4. ALTERATION BY THE CONSUMER
Deposit payments paid by the Consumer to the Organiser are non transferable to other departures and non transferable to other Consumers. If after acceptance by the Organiser a 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.
Once travel has commenced, no changes or alterations may be made by the Consumer and no refunds shall be made in respect of flights or other travel arrangements which are not availed of.
- 5. SPECIAL REQUESTS
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 Organiser 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 Organiser for failure to comply with a special request, which has not been confirmed by it in writing.
- 6. 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. It is the responsibility of the Consumer to check that the insurance scheme provides the Consumer with his/her 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/she deems necessary.
7. Flight Delays
Flight delays sometimes occur. When a delay occurs the Organiser will try to ensure that up to date information and appropriate facilities e.g. refreshments are provided. However, such arrangements are the responsibility of the relevant airline. Travel insurance has been designed to cover such eventualities and in this regard the Consumer should refer to his/her Travel Insurance policy.
- 8. PRICE VARIATION
All prices quoted are stated in Euro and are based on tariffs and exchange rates current and appropriate at time of printing of our brochures. 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 departure date, the price stated in the brochure shall not be increased by the Organiser.
- 9. ALTERATIONS BY THE ORGANISER
- a. The Organiser reserves the right to alter, change, curtail or cancel a holiday.
- b. (b) If as a consequence of "force majeure" (as hereinafter 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 in its published information related to that programme, 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 Customers 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.
- 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 Organiser shall, if practicable, offer an alternative comparable holiday of at least similar standard or shall refund the Consumer 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 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 the reasons referred to in sub-paragraphs (b) or (c) of this clause.
- f. In this Booking Form, the term "force majeure" means 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 warm 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 connection with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.
- 10. COMPLAINTS
- a. 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 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 the earlier.
- 11. COACH TOURS
- a. Tours are normally operated using 44 to 53 seater coaches. In the event of passengers numbers falling below this number, a smaller coach may be used. Local operators will provide coaches on Continental. One piece of luggage (not exceeding 29" x 20" x 10" [73.66cm x 50.8cm x 25.4cm] in size and 44 lbs. [19.976kg] in weight) will be carried. All baggage is carried at the owner's risk.
- b. Seats are allocated at the time of booking and are not rotated.
- c. Smoking is not permitted on any coach tour. Frequent sightseeing comfort stops are made to facilitate Consumers who wish to smoke.
- d. Children the age of 10 and over will be carried (subject to availability) provided they are accompanied by an adult. Children are charged at the full adult rate.
- e. Children over the age of 5 will be carried (subject to availability) provided they are accompanied by an adult. Child rates available on request.
- 12. 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) We regret that we cannot accept any responsibility if you do not tell us about any mistake in any documents within seven days of our sending it out. We will do our best to rectify any mistake notified to us but you may be required to meet any of the costs involved (e.g. name change fees charged by an airline).
- b. The Consumer is solely responsible for ensuring that he/she presents himself/herself 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. It is also the sole responsibility of the Consumer to ensure that all travel documentation i.e. passports, visas (where relevant) etc. are in order.
- c. The Consumer is restricted by regulation of carriers and executive authorities with regard to the weight, type and contents of baggage which he/she 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/herself at the port of departure with any prohibited item in his/her luggage or on his/her person or with items which exceed weight or dimension restrictions applicable.
- d. The Consumer hereby agrees that he/she 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 undertakes to behave himself/herself in a proper manner and not to cause any disturbance in or around the accommodation he/she occupies, which may cause offence or diminution of enjoyment of a holiday to other holiday makers. The Consumer further undertakes to leave his/her accommodation in good condition and not to cause any damage or destruction to the accommodation or its contents. In the event that damage or destruction is caused to the accommodation the Consumer agrees to pay the owner or management of such establishment the cost of repair or replacing such damage.
- 13. TOUR OPERATOR'S LICENCE
Mackin Travel & Tours is a licensed and bonded tour operator in Ireland.
Tour Operators Licence No. TO 207
Travel Agents Licence No. TA 0485