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1. The Contract (b) The Organiser reserves the right to terminate the 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 and the cancellation charges as provided for in Clause 3 of these booking conditions 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 the booking form (excluding the Organiser) 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 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 3. Payment More than 10 weeks before the departure date, any deposit shall be forfeited, Within 10-4 weeks of departure 50% of the cost of the holiday is forfeited. Within 4-2 weeks of departure 75% of the cost of the holiday is forfeited. Within 2 weeks - 1 week before departure 90% of the cost of the holiday is forfeited. Within 1 week of the date of departure 100% of the cost of the holiday is forfeited. All cancellation charges apply to each person covered by a booking. Any insurance premium payable is not refundable. 4. Substitution (b) A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Organiser or Retailer for payment of any balance due in respect of the package and for a substitution fee of £25 per person substituted (or such other greater sum as may be authorised). Insurance is not transferable. 5. Alteration by the Consumer 6. Special Requests 7. Accommodation on Request 8. Alteration/Cancellation by the Organiser (a) The Organiser reserves the right to alter, change, curtail or cancel a holiday. (b) If as a consequence of "force majeure" (as hereinafter defined in subparagraph (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. The organiser is not liable for any loss, damage, injury, claim or action arising out of such force majeure, or such curtailment, alteration, extension or cancellation of the holiday. (c) The Organiser requires a specific minimum number of bookings to operate a specific programme of holidays. The Organiser’s obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such a minimum number, has that number reduced by reason of cancellation or transfers by Consumers or otherwise, the Organiser shall be entitled to cancel or curtail the relevant programme up to 4 weeks prior to the departure date and the Consumer shall not be entitled to make a claim for and the organiser shall not be liable for any loss, damage, injury or action arising as a consequence of cancellation or curtailment in these circumstances. The Organiser shall notify the Consumer in writing within 7 days of any cancellation or curtailment necessitated by the foregoing circumstances. (d) If prior to the time of departure there is a cancellation, or a major change, such as a change of resort area, or a change of accommodation to a lower Directski.com rating, or an alteration of the departure time of more than 18 hours, the organiser shall, if practical, offer an alternative comparable holiday of at least similar standard or shall refund the consumer all monies paid. Unless within 7 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 the payment made. (e) Where the Organiser makes a major change in the holiday as contemplated in subparagraph (d) of this clause the Consumer shall be entitled to receive compensation in accordance to the scale set out in this sub-paragraph. No compensation shall be payable where the alteration is for reasons referred to in sub-paragraph (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 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. 9. Insurance 10. Price Variation 11. Default by the Consumer (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 holidays as cancelled by the Consumer. (c) The Consumer is restricted by regulation of carriers and executive authority with regard to 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. (d) The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organisers staff or any crew member of a carriers 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 Consumers failure to act in accordance with any such direction or instruction. 12. Liability (i) the failures which occur in the performance of the contract are attributable to the Consumer; (ii) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforseen or unavoidable; or (iii) such failures are due to (a) unusual and unforeseeable circumstances beyond the control of the Organiser or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised; or (b) 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 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 holiday payable to the organiser, to the adult concerned and in the case of a minor an amount equal to the inclusive price of the holiday payable to the organiser, 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, even if that convention has not been ratified or applied in the Republic of Ireland. "For international transport by air the provisions of the Warsaw Convention 1929 (as amended) relating to the carriage of passengers and their luggage by air or 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 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 valuables." 13. Complaints (b) The Consumer shall be obliged to notify the Organiser in writing of any complaint within 28 days after his return to the port of departure or termination of the holiday whichever is the earlier. 14. Governing Law 15. Statutory Rights Traveldev Limited t/a Directski.com, Government Licence
Number: 0526
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