BOOKING TERMS & CONDITIONS
In the bookings, the word “Organiser” means DM Tours, that is, the person who arranges your transport, accommodation etc. and who offers it as a holiday. “Consumer” means you, the person who takes or agrees to take 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.
1. THE CONTRACT
(a) No contract shall arise until the Organiser has received the completed Booking Form together with a deposit or full payment for the holiday and has issued its confirmation invoice. The terms of the contract between the Consumer and the Organiser are contained solely in these Booking 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 services and the itinerary issued by the Organiser.
(b) When you make a booking you confirm that you have the authority to accept and do accept on behalf of your party these booking conditions.
(c) 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 well being 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 9 of these 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,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 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. PERSONS WITH SPECIAL NEEDS
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 person with special needs where disclosure of the disability has not been made 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 person with special needs where in the Organiser’s opinion that holiday would be inconsistent with the special needs of that person.
3. SPECIAL REQUESTS
Special requests (e.g. ground floor accommodation, seaview, air seat allocation, etc.) shall be communicated by the Consumer in writing to the Organiser at the time of making the booking. The Organiser shall use reasonable endeavours to fulfil such requests. The granting of such request is the sole responsibility of the property management/airline. 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. Our policy is not to practise seat rotation on the coach on all coach tours.
4. PRICE VARIATION
All prices quoted are stated in Euros and are based on tariffs and exchange rates 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. 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) Dues, taxes or fees chargeable for services such as landing taxes or
embarkation or disembarkation fees at ports and airports, or
(c) The exchange rates which apply to the particular package.
5. THE CONSUMER’S RESPONSIBILITIES
(a) The Consumer shall check all travel documentation immediately it is furnished to him. If the Consumer considers any document to be incorrect or has a query in relation to its 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 point 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 documents provided, 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. No refund will apply.
(c) The Consumer is restricted by regulation of carriers and executive authorities 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 a carrier’s craft or vehicle used in connection with a 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 directions or instructions.
(e) It is also the sole responsibility of the Consumer to ensure that he is in possession of all travel documentation i.e. passports, visas (where relevant) and that same are in order. The Consumer hereby agrees to indemnify the Organiser for any costs incurred by the Organiser as a consequence of the Consumer being denied transportation or entry as a consequence of the Consumer failing to have their travel documentation or same not being in order.
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 attributable 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, or other supplier of services, the consequences of which could not have been avoided, even if all due care had been exercised; or (ii) an event which the Organiser, or the supplier of the services, even will 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 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 Republic of Ireland.
For international transport by air the provisions of the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1995 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999 relating to the carriage of passengers and their luggage 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, may apply. In respect of rail travel, the Berne Convention 1961, in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962 may apply. For the avoidance of doubt, this means that the Organiser is to be regarded as having all benefits of any limitations of liability and compensation contained in any of these conventions or any other international conventions applicable to the Consumer’s holiday.
(a) Without prejudice to the Consumer’s rights 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 requirement, the Organiser shall be entitled to recover the cost from the Consumer of any additional expense incurred by it 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, and no complaint received thereafter shall be entertained.
8. GOVERNING LAW & 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.
The holiday must be paid for in full at least 8 weeks before the scheduled date of departure, or if the contract is made later than 8 weeks before the scheduled date of departure, it must be paid for in full on the signing of the Booking Form.
Cancellation for Non-Payment. If the holiday is not paid for by the due date, the Organiser shall have the right to cancel the holiday. If the Organiser, at the request of the Consumer, agrees to delay cancellation of the holiday, then if the Organiser subsequently cancels for non-payment, the cancellation charges set out in this Clause 9 shall apply and be payable by the Consumer.
In the case of holidays by air, because of the ever-changing nature of airfare structures and the increasing availability of instant purchase air fares, most of the flights which we sell must be paid for in full at the time of booking together with our normal deposit. Most airfares are non refundable and accordingly cancellation of holidays involving instant purchase/ticketed flights will incur loss of airfare together with our standard cancellation charges as detailed in this Clause 9.
- More than 6 weeks before the departure date, any deposit paid shall be forfeited.
- Within 6-4 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 to the date of departure, 100% of the cost of the holiday is forfeited. All cancellation charges apply to each person covered by a booking. As cancellation cover applies immediately, any insurance premium is not refundable.
In regard to sports events and other ticketed events, in addition to the above payment conditions, a non-refundable payment of a minimum of €80 will apply.
(a) Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking to a person who satisfies all the conditions required to be satisfied by a person who takes the holiday, having first given the Organiser reasonable notice in writing of his intention to do so before the departure date (such notice shall not be less than 14 days prior to the date of departure). The transferee of the Consumer must sign a Booking Form and comply with any other requirements of the Organiser applicable to the holiday.
(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 holiday, and for a substitution fee of €50 per person substituted, subject to a maximum of €100 per booking (or such other greater sum as may be authorised).
(c) Insurance is not transferable.
(d) In accordance with Clause 1(a) the Consumer who transfers a holiday booking and the transferee 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.
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 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 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. 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 9 and the cancellation charges as provided for in Clause 9 are payable by the Consumer. 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.
12. ACCOMMODATION ON REQUEST
Where accommodation is “on request” an additional administration charge of €50 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 is not acceptable to the Consumer, the Consumer will be entitled to a refund of all monies paid to the Organiser less a €25 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 (e) 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) The Organiser has a minimum number of bookings required for a programme of holidays to operate. 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 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 return, 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 the 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. This clause does not relate to sporting events or other ticketed events.
Notification period prior to departure date and compensation per person:
- Within 8 weeks €13.00 Within 6 weeks €25.00
- Within 4 weeks €38.00 Within 2 weeks €50.00
(e) In the booking terms and conditions, the term “force majeure” means unusual and unforeseeable circumstances beyond the control of the Organiser or other suppliers of services, the consequences of which could not have been avoided even if all due care had been exercised or an event which the Organiser or the supplier of services 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 connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.
(f) The size of the coach used will be determined by the amount of passengers booked on a holiday. The sizes of the coaches available for use on tours are coaches of a minimum of 28 seats and maximum of 53 seats. Multiple coaches may be used where tour group size dictates.
(g) In regards to sports events and other ticketed events: in the event of a fixture/event being changed from a weekend date (weekend days being deemed as Friday, Saturday, Sunday and Bank Holiday Monday) to a midweek date or vice versa, the Organiser reserves the right to change the type of service being provided, i.e. a two night weekend trip being altered to a midweek day trip. These changes are subject to the same payment and cancellation policies as stated in sub-paragraph (d). If a fixture/event is transferred or postponed for whatever reason, it is agreed fixture/event is cancelled and the tour has already departed, the tour will proceed as a leisure break and a refund of the entrance fee will be provided on return.
(h) In regards to ferry travel, if a ferry is cancelled prior to departure, the Organiser will do everything within its power to provide alternate ferry travel options. The Organiser cannot be held responsible for late arrival at or missing of an event. Refunds will not apply unless the Organiser receives refunds from suppliers.
The Organiser strongly recommends that all Consumers avail of travel insurance for both domestic and non-domestic holidays. Travel insurance is available from DM Tours. All claims made against insurance policies shall be made directly by the Consumer to the insurer. The Organiser will not be responsible for any claims made against the insurance policies.
THE CONSUMER’S ATTENTION IS DRAWN TO THE NEED TO DISCLOSE PREEXISTING ILLNESSES, EXCLUSION CLAUSES AND EXCESSES IN THE INSURANCE POLICY ARRANGED BY THE ORGANISER.
All passengers must remain seated in the interest of safety whilst vehicles are in motion. Seat belts where fitted must be worn. Movement to the contrary is at passenger’s own risk. At no time may drinking alcohol or smoking be permitted on any coach, bus or other transport provided. The Organiser and its agents reserve the right to refuse passage to any persons who are found in violation of these safety conditions, or who are found to be a danger to themselves or any other passengers. These persons forfeit any claim for compensation or refund.
16. TOUR PICK UP POINTS & COLLECTION ROUTES
Whilst the Organiser will endeavour to collect the Consumer as close to their locality as possible, there can be no guarantee that the pick up point will be at the Consumer’s preferred location. Pick up points will be sent to Consumers approximately 7-10 days before departure, together with their itinerary.
Collection routes will be dependent on the number of Consumers in each area.
There will be two main collection routes en route to the ferry on the morning of departure.
17. DATA PROTECTION
1. Booking information;
2. Information about you (and your travelling party) may be passed to holiday providers and others and may include things such as age, religious beliefs, dietary requirements, your (or your travelling party’s) physical or mental health. This information may also be transferred abroad;
3. If you apply for insurance, then we may process information (including medical information) about you (or your travelling party) and pass it to the insurers;
4. Information supplied by you may be processed by us for Statistical Analysis and/or Market Research and may in certain instances be disclosed to our agents for the purpose of fraud prevention and/or debt collection;
5. Direct Marketing: To contact you via email, letter or phone with details of DM Tours’ products and services. You will be given the opportunity on every e-communication we send you to indicate that you no longer wish to receive our direct marketing material. If you do not wish to receive such information you have the right to ask in writing not to receive direct marketing material about our products and services, by using “unsubscribe email or text” in literature which you subsequently return to us. Once properly notified we will take steps to stop using your information in this way;
6. Copy of your personal information held by DM Tours can be provided on request. You have the right to have any inaccurate personal information rectified or erased.
B. Please note that airlines are required in many countries to give border control agencies access to passenger data. Accordingly, any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary.
MONAGHAN, H18 FF90
Call 047 80568
Mobile: 087 2826977
Registration No. 529097