Terms & Conditions of Booking
The word ?Organiser? means Speciality Ireland Tours Limited who arranges the holiday. The ?Consumer? means the person who buys or agrees to buy the holiday or any other person to whom you transfer the holiday that you have bought.
- The Contract
No contract shall arise until the Organiser has received confirmation of booking from the Consumer together with deposit or full payment for the holiday and has issued written confirmation of it?s acceptance.
1. A non refundable deposit of 35% of the total cost of the holiday (per person) is required to secure and confirm your reservation. The Deposit must be paid within 7 days of payment request, after which time the Party size will be automatically reduced to reflect deposits received. In this event price per person will be adjusted accordingly to reflect revised numbers. The balance must be paid no less than 8 weeks before the commencement date for the holiday. If it is not paid by that date, the Organiser shall have the right 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:
§ Within 8 ? 6 weeks from date of commencement 50% of the cost of the holiday will be forfeited
§ Within 6 weeks from date of commencement 100% of the cost of the holiday is forfeited. All cancellation charges apply to each person covered by a booking. Substitution
- Where the Consumer is prevented from proceeding with the holiday, he may transfer the booking, having first given the Organiser 4 weeks notice in writing. The transferee from the Consumer must comply with any requirements of the Organiser applicable to the holiday.
- A Consumer who transfers a holiday booking shall be jointly liable with the transferee to the Organiser for the payment of any balance due in respect of the holiday, and any costs incurred by the Organiser as a result of the transfer of the holiday.
It is a condition of this contract that the Consumer is covered by a travel insurance scheme that conforms to EU legislation in respect of package holidays. All claims made against the insurance policy will be made directly to the insurer. The Consumer shall be responsible for making any special or increased insurance arrangements that he deems necessary.
- Alterations by the Organiser
- Quotations are provided on the absolute understanding that all services are subject to availability. The Organiser reserves the right to alter, curtail or cancel a holiday.
- If, as a consequence of Force Majeure, the Organiser is obliged to curtail, alter, extend or cancel the 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.
- If prior to the departure date there is a cancellation, alteration or curtailment relating to the holiday, the Organiser shall:
- if practicable, offer an alternative comparable holiday of at least a similar standard
- if practicable, offer a holiday of lower value and refund to the Consumer the difference in price between the original holiday purchased and the replacement holiday, or,
- Refund to the Consumer all monies paid
Unless within seven days of issue of the offer of an alternative offer it is accepted by the Consumer in writing, the Organiser shall assume that the Consumer shall only be entitled to return of payments made.
The Organiser shall be released from its obligations under this agreement where it fails to meet its obligations on account of an act of God, fire, flood or subsidence, equipment failure, power failure, work stoppage or industrial action, of any third party or any other reason beyond the control of the Organiser.
- If the Consumer wishes to make a complaint, it should be made in writing in the first instance to the Organiser. Every effort will be made by the Organiser to settle any complaint made by the Consumer. Any dispute or difference arising between the Consumer and the Organiser as to the construction of this agreement or as to any other matter or thing arising hereunder or in connection herewith will be referred to the decision of a single arbitrator appointed by The Incorporated law Society of Ireland. The Arbitration Acts 1954 and 1980 and any other statutory amendment or reinactment thereof will apply to such arbitration and the parties agree that such Arbitration shall be a condition precedent to the commencement of any action in the courts.
The failure of the Organiser to enforce at any time or any period any one or more of the terms and conditions of this agreement shall not be a waiver of them or of the right of any item subsequently to enforce all the items on condition of this agreement.
Limitation of Liability
- The Organiser shall not be responsible for any damages caused to the Consumer by the failure to perform the contract where the failure or the improper performance of the contract is due neither to any fault of the Organiser or persons acting on the Organiser's behalf nor to that of any other supplier of services.
- The Consumer shall indemnify and hold harmless the Organiser against all third party actions or claims and costs arising from any act or omission pursuant to this agreement
- The liability of the Organiser shall not exceed the cost of this holiday and in no event will the Organiser be liable for loss of profits, opportunity, revenue or profit by the Consumer and/or indirect consequential loss whatsoever
This agreement shall be construed and governed by the Laws of the Republic of Ireland and the parties hereto agree to submit to the non-exclusive jurisdiction of the Courts of the Republic of Ireland. "