Site Terms And Conditions
We, Capitol Holdings Limited trading as Direct Holidays ("the Organiser"), arrange all the Holidays in this brochure. The following terms and conditions show your ("the Consumer") and our commitments as part of your booking. These terms and conditions, with all the other information in this brochure, form the basis of the contract between you and us. When we talk about your Holiday, in these conditions, except where otherwise stated, we mean the accommodation, transport and other holiday services you book with us before you go on Holiday.
1. THE CONTRACT
(a) No Contract shall arise until the Organiser has received a deposit or full payment for the holiday from the Consumer and has issued written confirmation of its acceptance of the booking to the Retailer/Consumer. An internet booking is a confirmed booking once the Consumer has received a Booking Reference Number and confirmation Invoice. The terms of the Contract are contained solely in the Organiser's Confirmation and Final Invoice wherein the booking conditions are printed overleaf, the Organiser’s Brochure or other descriptive material, any airline or sailing ticket issued and the itinerary issued by the Organiser. Excursions are any sight-seeing trips or other tours which the Consumer books and pays for through the Organiser's overseas representatives, the Organiser's local handling agents or any third party while the Consumer is actually on Holiday. The Organiser's representatives or agents are acting as a booking agent for the relevant excursion providers. Excursions are not packages and do not form part of the Holiday contract nor are they governed by the Package Holidays and Travel Trade Act 1995.
(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 or if he is causing unreasonable or undue disturbance or annoyance to other Consumers.
Minimum Age: Persons under the age of 18 years are not permitted to make a booking without the consent of their parent or legal guardian if these passengers are traveling without their legal guardian they will require a letter of consent from the said parent or guardian in order to travel. This rule will not be waived under any circumstances and the Organiser's booking form must be made by a person over the age of 18 years.Some hotels refuse to accept unaccompanied minors, the Organiser must be notified at the time of booking that an unaccompanied minor is traveling and we reserve the right to refuse any such booking.
After we have received the correct deposit and when we send your holiday invoice, a contract exists between you and the Organiser effective from the date printed on the invoice and in accordance with these booking conditions. You should check this carefully to confirm that it matches your booking. In the event of late bookings, where there is insufficient time for you to receive written confirmation before your departure, your contract exists when we accept your reservation.
2. PERSONS WITH A DISABILITY
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. Where a confirmed booking is made for any person with a disability the Consumer must immediately request and complete a Special Needs form. This form should be requested by the Consumer from the Organiser and the completed form returned within 7 days to the Organiser. If special arrangements need to be made for the Consumer or a member of his party an extra charge may have to be levied. The Organiser cannot be held responsible if the Consumer fails to alert the Organiser to any special needs/requirements that will affect the holiday experience and the Consumer will not be at liberty to maintain a claim for compensation or otherwise arising. In addition, no liability shall attach to the Organiser for the provision of an unsuitable holiday for any person with a disability where no completed Special Needs form has been returned.
3. PAYMENT AND CANCELLATION
The holiday must be paid for in full at least 56 days 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 cancellations are payable by the Consumer: (these cancellation charges are applied in order to cover the Organiser's expected losses for the transport and accommodation services that the Organiser pays for in advance):- More than 56 days before the departure date, any deposit paid is forfeited. Within 29-56 days of departure 50% of the cost of the holiday is forfeited or loss of deposit, whichever is greater. Within 22-28 days of departure 70% of the cost of the holiday is forfeited. Within 8-21 days of departure 90% of the cost of the holiday is forfeited. Within 7 days 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. In a case where only some of the consumers booked cancel, the organiser may, in addition to levying cancellation charges, adjust the price of the holiday for the remaining consumers. In a case where the number of consumers on a booking falls below the minimum number required for the particular accommodation booked the organiser may deem the entire booking to have been cancelled and levy cancellation charges accordingly. In all cases of cancellation all consumers covered by a booking shall be jointly and severally liable to the organiser for all charges including cancellation charges and price adjustments.
4. SUBSTITUTION
(a) Where the Consumer is prevented from proceeding with the holiday, he may where practicable transfer his booking, having first given the Organiser reasonable notice in writing of his intention to do so before the departure date. Requests for transfer of a booking cannot be accepted within 2 weeks of the intended date of departure.
(b) A consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Organiser for payment of any balance due in respect of the package and for a substitution fee of €20 per person substituted, subject to a maximum of €20 per booking (or such other greater sum as may be authorised). Requests for changes to all names on a booking will be treated as cancellation and the appropriate cancellation charges will apply.
5. ALTERATION BY THE CONSUMER
If after acceptance by the Organiser a Consumer wishes to alter a holiday, the Organiser may, in his absolute discretion, if practicable, facilitate that change. Requests for a change to the date of departure or destination cannot be accepted within 2 weeks of commencement of the package. A request for alteration must be in writing and must be accompanied by payment of €20 per person which payment is not refundable. Alterations can only be accepted on a like for like basis i.e. a holiday booked at brochure price can only be altered to another brochure price holiday. Furthermore, alterations from one season to another are not possible. If the alteration is impracticable the original holiday arrangement shall continue to apply. If some only 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 Organiser's written confirmation of such change. Tickets that have to be re-issued due to change to an initial or due to a spelling error will incur a charge of €20. It is important therefore that all details are checked carefully on receipt of the Direct Holidays invoice and before tickets are issued, so as to avoid this charge. If default is made by the Consumer in complying with the foregoing requirements, the Organiser shall have the rights referred to in clause 3. A name change may be made up to 7 days before departure for a fee of €20 per name change. Within 7 days of departure, a name change will be treated as a cancellation and the appropriate cancellation fee will apply.
6. SPECIAL REQUESTS
Special requests (e.g. low floor, pool view) made by the Consumer to the Organiser can never be guaranteed and do not form part of the contract. The Organiser will use reasonable endeavours to communicate special requests made at the time of booking to the management of the Consumers selected accommodation. Special requests can not be processed in the case of Bookings made within six weeks of departure. The granting of special requests is at the sole discretion of the property management and the Organiser accepts no responsibility for special requests which are not accommodated.
7. ACCOMMODATION ON REQUEST
Where accommodation is "on request" an additional administration charge of €20 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 reasonable 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 the €20 administration charge.
8. ALTERATION 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 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 relating 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 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.
(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 the payment 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.
Notification Period Prior to Compensation
Departure Date per Person
More than 56 days Nil
Within 43-56 days €15.00
Within 29-42 days €25.00
Within 15-28 days €35.00
Within 14 days €50.00
Compensation payments relating to a child place for which the Consumer has paid a child price will be calculated appropriately. There is no compensation payable to those traveling on a "free child place", "free group offers" or infants.
(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, acts of terrorism, 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
It is a condition of this contract that the Consumer is covered by a travel insurance policy acceptable to the Organiser. Details of a specially tailored travel insurance scheme arranged by the Organiser are given in the Organisers brochure. The insurance must provide cover that is equal to or greater than the insurance organised by Direct Holidays. Should the Organiser arrange insurance cover for the Consumer the Organiser is acting as an agent for the relevant insurer and shall not be responsible to the Consumer for any default by the insurer under the policy. The Consumer shall be responsible for making any special or increased insurance arrangements, which are deemed necessary upon receiving notice of the level of cover available under the Travel Insurance Scheme. If the Consumer chooses to take the Travel Insurance Scheme, the Consumer is deemed to be aware of the extent of cover provided by the Travel Insurance Scheme and hereby acknowledges receipt of the relevant information in this regard prior to contracting with the Organiser of the Package. If the Consumer chooses not to avail of the Travel Insurance Scheme then all responsibility for travel insurance shall rest with the Consumer.
10. PRICE VARIATION
All prices quoted which are stated in Euro, are based on tariffs and exchange rates current and appropriate at the time of publication. If any of these vary or if any new government-imposed levies such as VAT are introduced the cost of the holiday may increase or decrease accordingly. Any such increase/ decrease shall be paid by or refunded to the Consumer, however no variations will be applied where their combined effects 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.
The prices advertised in the Organiser’s brochure may be revised from time to time and any such price revision shall be confirmed at the time of booking.
11. DEFAULT BY THE CONSUMER
(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 the contents he shall forthwith notify the Organiser of his concern and the Organiser shall respond as soon as possible.
(b) The Consumer is solely responsible for ensuring that he presents himself at the port of departure in possession of a valid passport and any necessary visas and 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 limitation which applies 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 a 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.
12. 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 in detail the Consumers complaint. The Consumer shall assist the Organiser in all reasonable ways in the investigation of any complaint, both during and after the holiday. If the Consumer fails to comply with such requirement, the Organiser 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) Notwithstanding any action taken under sub-paragraph (a) of this clause the Consumer shall be obliged to notify the Organiser in writing of any unresolved complaint not later than 28 days after his return to the port of departure or termination of the holiday whichever is the earlier. The Organiser shall be entitled to a reasonable period of time within which to investigate any written complaint received from the Consumer and to respond thereto before any arbitration or other legal proceedings are initiated by or on behalf of the Consumer.
13. FLIGHTS AND FLIGHT DELAYS
(a) The Organiser reserves the right to change airlines or aircraft types at any time. Such changes will not be regarded as a significant change and the Consumer will not be entitled to cancel his holiday without paying the appropriate cancellation charge (see clause 3 above). Some flights may have to stop en route. Where this is known in advance, the Organiser will inform the Consumer. Flight times, whilst accurate at the time of brochure publication, may be subject to alteration sometimes at short notice. The Consumer will only be entitled to cancel his holiday booking without penalty or to receive compensation when the change to his flight times is 18 hours or more. Other changes which, for example, may result in a reduced time in resort, cannot be compensated.
(b) 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 Travel Insurance policy.
14. LIMITATION OF LIABILITY OF THE ORGANISER
The Organiser’s obligations and those of our suppliers providing any service or facility involved in any of the Consumer’s holiday is to take reasonable skill and care to arrange for the provision of such services and facilities and, where the Organiser or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be proper performance of the Organiser and our suppliers’ obligations. Conversely, however, reasonable skill and care does not necessarily mean compliance with each and every local law and regulation particularly where these impose absolute obligations. The Consumer must show that reasonable skill and care has not been used if they wish to make a claim. 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 nor to that of another supplier of services because:–
(i) the failure which occurs in the performance of the contract is attributable to the Consumer;
(ii) such failure is attributable to a third party unconnected with the provision of the services contracted for, and is unforeseeable or unavoidable;
or
(iii) such failure is 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 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 the maximum 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 the minor concerned.
(iv) if any International Convention applies to or governs any of the services or facilities included in the Consumer’s holiday arranged or provided by the Organiser, or provided by any of the Organiser’s suppliers, and the Consumer makes a claim against the Organiser of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, the Organiser’s liability to pay the Consumer compensation and/or the amount (if any) of compensation payable to the Consumer by the Organiser will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, The Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961, in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that the Organiser is to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other International Conventions applicable to the Consumer’s holiday.
15. BEHAVIOUR OF HOLIDAYMAKERS
(a) The Consumer acknowledges and agrees that the behaviour of other holidaymakers (be they clients of the Organiser or otherwise) is a matter outside the control of the Organiser and that the Organiser is not liable for any disruption, inconvenience, disturbance or diminution of enjoyment of the Consumer’s holiday arising from the misbehaviour of other holidaymakers. In the event of a Consumer complaining to the Organiser of the behaviour of other holidaymakers, the Organiser will, if such complaint is justified, use reasonable endeavours by requesting the owner or manager of the accommodation to resolve the problem. However, the Organiser shall not be responsible for the action or lack of action taken by the owner or manager on foot of such a complaint. Parents/Guardians are responsible for the supervision/behaviour of young children and teenagers.
(b) The Consumer acknowledges that he is responsible for his own actions and the effect they may have on others. If the Organiser (or any other person in authority) believes that the Consumer's actions could upset other customers, the Organiser's suppliers or the Organiser's own staff, or put them in danger or damage property, the Organiser reserves the right to invoke clause 1b) above (i.e. reserves the right to terminate the holiday contract). This could mean that the Consumer is prevented from using his accommodation or using the transport that the Organiser has arranged. In this event, the Organiser will not pay compensation, refunds, or meet any expenses the Consumer suffers as a result.
16. JURISDICTION
This Contract and all matters arising hereunder is to be governed and constructed in accordance with the laws of the Republic of Ireland and the parties hereby irrevocably submit to the jurisdiction of the Courts of the Republic of Ireland.
17. BOOKINGS MADE IN NORTHERN IRELAND
The Organiser will accept payments in Euro at its Dublin Office.
18. DATA PROTECTION ACT 1988 - 2003
We are committed to protecting your privacy and personal information. We will use all personal information disclosed for the purpose of fulfilling our Contract with the Consumer as a tour operator/holiday Organiser and in respect of other services offered by us or other companies within the Thomas Group Plc. We will not sell the Consumer's personal information to any third parties without their express consent. Copies of personal information held by us can be provided on request to the Consumer. The Consumer has the right to have any inaccurate information rectified or erased. To unsubscribe from our direct mailing list, to access personal information or to seek to rectify or erase inaccurate information, the Consumer must write to the Marketing Department of Direct Holidays, Unit 20D, Park West Business Park, Nangor Road, Clondalkin, Dublin 12. Alternatively e-mail marketing@thomascookholidays.ie
19. BOOKING INFORMATION
a) Airlines are required by new laws introduced to give border control agencies access to passenger data. Accordingly, any information we hold about you and your travel arrangements may be disclosed to customs and immigration authorities of any country in your itinerary. Information about you and your travelling party may be passed to holiday providers and others and may include information relation to age, religious beliefs, dietary requirements, you or your travelling party’s physical or mental health. This information may also be transferred abroad. b) If you purchase our insurance then information (including medical information) about you or your travelling party will be passed to the insurance company. Information supplied by you may be processed by us for statistical analysis and market research.
JURISDICTION
This Contract and all matters arising hereunder are to be governed and constructed in accordance with the laws of the Republic of Ireland and the parties hereby irrevocably submit to the jurisdiction of the Courts of the Republic of Ireland.
