RABBIES (IRELAND) LIMITED: Booking Terms and Conditions

These Booking Conditions, together with our Privacy Policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Rabbie’s (Ireland) Limited, Block 3, Harcourt Centre, Harcourt Road, Dublin 2 D02 A339, company number 634982 (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

1. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;

2. he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

3. he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

4. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking;

5. he/she accepts that where they are not resident within the United Kingdom or within Europe (EEA and EU countries) , certain rights which are afforded to such residents , may not be afforded to themselves.

Please Note: We act in the following capacities:

1. as Principal in the sale of a Linked Travel Arrangement (please see condition 23 for further details);

2. as Package Organiser in the sale of a Package (please see condition 26 for further details); and

3. as Principal in the sale of a ‘single service’ booking (i.e. accommodation only booking).

As a result, our obligations to you will vary depending upon whether you book a Package, a Linked Travel Arrangement, or a single service booking with us. Our differing obligations are set out below, in the following separate sections:

• Section A contains the conditions that will apply to all bookings you make with us;

• Section B contains the conditions which will apply where you book a Linked Travel Arrangement with us;

• Section C contains the conditions which will apply where you book a Package with us; and

• Section D contains the conditions which will apply where you make a single-service booking with us.

SECTION A – APPLICABLE TO ALL BOOKINGS

This section applies to all bookings made with us. Please read this section in conjunction with the relevant section below which is applicable to your booking.

1 Booking & Paying For Your Arrangements

Bookings can be made through our website at www.rabbies.com, by telephone, in person at our booking office or by contacting us by email at tours@rabbies.com

In some circumstances, we may require a deposit at the time of booking and full payment at a later date, however for scheduled tours (single day tours, tours of more than one day, with a specific itinerary, which are available for booking on scheduled dates from scheduled departure points), full payment will be required at the time of booking. Either case, we will advise and provide you amounts and due dates at the time of booking.

Upon receiving payment, we will issue you a booking confirmation which will confirm the details of your booking. Upon issuing the confirmation invoice, a binding contract between you and us will then come into existence. If your booking confirmation or any other document are wrong, you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.

Where a deposit is initially made (rather than full payment at the time of booking) the balance of the cost of your arrangements (including any applicable surcharge) is due not less than 60 days (unless notified otherwise at the time of your booking) prior to scheduled departure when you make a booking with us. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you and in which case the cancellation charges set out in Section A, will become payable.

2 Accuracy

We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.

3 Insurance

Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

4 Force Majeure

Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) control.

5 Changes by Us

We shall do everything reasonably possible to provide your tour and/or services as planned.

We reserve the right to alter all routes, schedules, itineraries, attractions, accommodation, services and modes of transport where required to do so. The majority of any such alterations will be minor and we will try to advise you of them at the earliest possible date and will endeavour to provide alternatives of a similar standard, nature and/or value.

In the unlikely event that we are required to significantly alter a material part of your tour, we will notify you as soon as possible in order to enable you to decide how you wish to proceed. In any such event you will be entitled to:

1. take an alternative tour of equivalent or superior quality, if we are able to offer that, or

2. take a substitute tour of lower quality if we are able to offer that (in which event the difference in price between the original and the substitute tour will be refunded to you); or

3. cancel your booking and obtain a full refund of all monies paid by you.

6 Changes by You

If you wish to change any part of your confirmed booking, you should inform us in writing as soon as possible. This should be done by the lead passenger named on the booking. Whilst we will do our best to assist you, we cannot guarantee that we will be able to meet your request.

Where we can meet a change request made by you, any changes made may be subject to an administration fee In addition, you may also be required to meet any extra costs incurred by us (and any costs or charges incurred or imposed by any of our suppliers) in making the requested change. Where we are unable to meet your change request and you no longer wish to travel on the basis of the original booking, this will be treated as a cancellation of your booking and cancellation charges may be payable by you, as outlined in these terms.

If, once your booking is confirmed, you are unable to travel for any reason then we will allow you to transfer your booking to someone else (introduced by you, and who satisfies all of the conditions applicable to the booking) provided that:-

1. we are notified of this in writing at least 7 days prior to departure;

2. an administration fee per person transferring (as advised by the Company) is paid;

3. you and/or the transferee make payment of any costs and charges incurred by us and/or imposed by our accommodation providers or other suppliers, and

4. the transferee agrees to these conditions and all other terms of the contract between us.

For the avoidance of doubt, no transfer requests or changes will be finally confirmed until full payment of all applicable charges referred to above have been received by the Company.

7 Cancellation by Us

We will only cancel tours due to unavoidable and extraordinary circumstances which are out of our control or which might jeopardise your safety. If we cancel your tour then we will notify you as soon as possible and we will always refund you, in full, for all sums paid by you.

8 If You Cancel Your Package & Our No Show Policy

If you wish to cancel your booking after our booking confirmation has been issued, you should inform us in writing as soon as possible - the effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges will differ depending upon what you have booked with us.

If you have booked a One Day, Half Day or, Extended Tours (two to nine days or 10+ days), in the Republic of Ireland, your cancellation terms can be found in section B or section D, depending on whether your booking will be a single service (Section D) or whether your booking may amount to a Linked Travel Arrangement (Section B).

If you have booked and paid a single price for a tour and accommodation, this will be a package and your cancellation terms can be found in Section C.

However all cancellations (whether a One Day, Half Day or, Extended Tours (two to nine days or 10+ days, either in UK or Europe) are subject to the following terms:

• Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

• If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

• Insurance premiums and amendments charges are not refundable in any circumstances.

• Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

• It is your responsibility to reach the departure point and board the vehicle (as applicable) prior to the noted departure time detailed on your itinerary. If you and your party are not present at the noted departure time, this will be understood as a ‘no show’ and in such circumstances, this will be a cancellation by you and such charge will be 100% of the travel arrangement cost.

9 Special Requests

Any special requests must be advised to us at the time of booking e.g. seat allocations, diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

10 Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

11Cutting your holiday short

If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

12 Complaints

We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact feedback@rabbies.com​​​​​

If the problem cannot be resolved and you wish to complain further, you must send an email of your complaint to feedback@rabbies.com, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this condition may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.

13 Disabilities and Medical Problems

It is your responsibility to ensure that you are fit to travel on the departure date. We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

14 Your Behaviour

All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion, or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately.

In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will not have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

15 Refusal of Travel

We, along with our suppliers or our supplier’s staff, reserve the right to refuse to carry any person if we find it appropriate to do so. If you have any concerns regarding other travellers during your holiday, please contact your Rabbie’s representative immediately. Failure to do this may affect ours and the applicable supplier’s ability to address your concerns.

In either of the cases mentioned above, full cancellation charges shall be applied by us and we shall have no further liability to that passenger or to any person travelling with them.

16 Excursions

Excursions or other arrangements that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other arrangement that you book, your contract will be with the operator of the excursion or arrangement and not with us. We are not responsible for the provision of the excursion or arrangement or for anything that happens during the course of its provision by the operator.

17 Entry Passport, Visa and Immigration Requirements & Health Formalities

Entry requirements vary depending on your nationality, personal circumstances, and the country or countries you will travel to and transit through. It is your responsibility to ensure you have all relevant documentation required for your selected itinerary and that you meet all formal entry requirements before travelling. This includes, but is not limited to:

1. Ensuring your passport is valid and remains valid for up to six months after the conclusion of your trip, as applicable.

2. Obtaining all visas, travel permits, and authorisation documents required to visit each destination on your itinerary.

3. Securing all visas, travel permits, and authorisation documents required to transit through all countries included in your itinerary, regardless of whether you will visit or stay in those destinations.

4. Ensuring the name and details on all travel documents match those on your passport.

Completing any required vaccinations.

v. Confirming that your travel insurance includes the necessary health cover, or holding a valid UK GHIC or EHIC health card if applicable.

Please check your itinerary and the relevant entry and travel requirements carefully well in advance of your departure to ensure you have all necessary documentation.

We accept no responsibility if you are unable to travel or incur costs or other losses due to your failure to comply with entry, passport, visa, immigration requirements, or health formalities.

You agree to reimburse us for any fines or other losses we incur as a result of your failure to meet the requirements of any country you are visiting or transiting through.

18 Luggage

Due to limited space on our mini-coaches and legal weight regulations, we have fixed luggage requirements. There is no capacity for additional luggage on a full coach. If you have excess baggage, please make alternative storage arrangements before boarding, as we may not be able to accommodate you if you exceed your allowance.

Unless otherwise stated, each passenger is allowed one medium-sized suitcase or bag, similar to airline standard carry-on luggage. The maximum weight is either 14kg (31lbs) or 20kg (44lbs), depending on your tour. Please refer to your confirmation email for your specific allowance.

As a guideline, luggage should not exceed 55cm x 45cm x 25cm (22in x 17in x 10in).

You may also bring a small, lightweight bag for personal items to carry with you on the vehicle.

Luggage is carried free of charge but at your own risk. It is your responsibility to ensure your bag is sturdy, waterproof, and suitable for travel. Passengers must be able to lift and carry their own luggage, including to and from their accommodation.

For more details, please refer to our FAQs on luggage and storage

19 Delays, Missed Transport Arrangements and other Travel Information

It is your responsibility to reach the departure point and board the vehicle (as applicable) prior to the noted departure time detailed on your itinerary. If you and your party are not present at the noted departure time, we reserve the right to identify this as a ‘no show’ and apply our cancellation terms outline in condition 26, 31 or 36 as applicable

We do not offer flights and we are not responsible for any flight you may otherwise book. In the event that you make such booking, please read your flight terms and conditions carefully. You may have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Contact your airlines or the third party you made a flight booking with for more information.

Holidays that include Rail Travel

• Please note, once your train ticket has been collected, it is non-amendable and non-refundable unless the service is cancelled or delayed. We recommend arriving 45 minutes prior to your departure to allow enough time to collect your ticket and locate your platform. ​​​​​Please refer to the rail provider’s Terms and Conditions which will apply to your rail booking for further train service details. These will be provided to you upon booking.

• If your train is delayed by more than 15 minutes, or is cancelled, please contact us and we will provide assistance in arranging public transport alternatives. Depending on the specific circumstances and availability of transport options, your itinerary may be rearranged to bring you to an alternative meeting point. In this case, or if alternative transport cannot be arranged, we will provide compensation for any missed portion of your holiday.

• We are not liable for compensation due to missed train departures. You can contact us for assistance in this case.

20 Advance Passenger Information

A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves departure country.. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight.

21 Promotional Codes

We (or third parties on our behalf) may from time to time issue promotional codes for use in booking our holidays, which may provide a discount on the price of your booking. Promotional codes shall be valid only during the dates stated (and for the holidays/departure points stated) and may only be valid for bookings made by you directly through our website and/or by phone. Promotional codes must be applied at the time of booking. Promotional codes are not redeemable for cash and may be withdrawn by us at any time, at our discretion. Promotional codes may not be used in conjunction with any other offer. All holidays are subject to availability.

22 Residents outside of Ireland or Europe (EEA and EU countries)

Certain bookings made with us, (Packages), may be governed by particular regulations which affording certain rights to residents of such countries. Such regulations include:

• Package Travel Directive (EU) 2015/2302 for Europe (EEA and EU) residents; or

• The Package Travel and Linked Travel Arrangements Regulations 2018 for UK residents.

Please note, where you are not a resident of Ireland or Europe (EEA and EU), such rights may not be afforded to your booking. Please contact us for further information as well as refer to both Section B and Section C below.

23 Department of Foreign Affairs Advice

You are responsible for making yourself aware of Department of Foreign Affairs advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Department of Foreign Affairs to avoid or leave a particular country may constitute a Force Majeure event (see condition 4).

SECTION B: LINKED TRAVEL ARRANGEMENT BOOKINGS

This section only applies to Linked Travel Arrangements booked with us, where we are acting as the Principal (please see condition 23 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.

24 Definition of Linked Travel Arrangement

A “linked travel arrangement” will be created when you purchase at least two different types of travel

services from us, which you have purchased for the purpose of the same trip or holiday and which do

not create a Package, if:

on the occasion of a single visit to our website or during a single phone call with us you separately select, book and pay for each travel service; or

if after you have made a booking, we send you targeted advertising that results in you purchasing a separate travel service, from another company, and that purchase is concluded at the latest 24 hours after the confirmation of your booking of the first travel service with us.

Most commonly, therefore, it will be the case that a linked travel arrangement will be created where you separately book one Travel Arrangement with us and we send you targeted advertising resulting in you purchasing a second Travel Arrangement (within 24 hours of the conclusion of the first Travel Arrangement booking) through us for the purposes of the same trip, where you contract with a separate supplier/principal for each Travel Arrangement booked.

Where we sell you Travel Arrangements in such a way as to create a linked travel arrangement, we will inform you that this is the case.

You may decide to book multiple Travel Arrangements at the same time for the purpose of the same trip. However, at no point do we offer or sell multiple Travel Arrangements at an inclusive or total price. The prices for each individual Travel Arrangement are always shown as a separate charge and you will be directed to make payment separately for each individual Travel Arrangement, whether via the Website or directly to the supplier/principal. This means that your booking does not and will not constitute a “Package” as defined in the Package Travel Directive (EU) 2015/2302 or the PTRs, as applicable.

25 Our Obligations for Linked Travel Arrangements

It is important to note that where you purchase a linked travel arrangement, you will not benefit from rights applying to packages under the Package Travel Directive (EU) 2015/2302 (for EU and EEA residents) or the PTRs (for UK residents).

We have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents. In case of problems please contact the relevant supplier/principal.

In addition, if you book Travel Arrangements in such a way as to create a linked travel arrangement and you also reside within the UK or Europe (EEA or EU countries) we will be required to provide a limited form of financial protection for the Travel Arrangements purchased. In this regard we have, as required by the Package Travel Directive (EU) 2015/2302 for European residents (EEA and EU), or as required by the PTRs for UK residents, protection in place to refund your payments to us for services not fully performed because of our insolvency and (where necessary and applicable) for your repatriation.

Please note this protection:

• is not afforded to those residing outside of Europe (EEA and EU countries) or UK; and Please note that this

• does not provide a refund in the event of the insolvency of the relevant service provider.

26 Cancellation by You

If you wish to cancel your booking after our booking confirmation has been issued, you should inform us in writing as soon as possible - the effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges may be payable, as set out below.

One Day Tours & Half Day Tours (Republic of Ireland)

The cancellation charge deducted from your refund depends on how far in advance you notify us before the tour departure, as outlined below.

• Cancellation 24 hours or more before tour departure will incur No charge

• Cancellation less than 24 hours before tour departure will incur a cancellation charge of 100% of tour price

• In the event of ‘no show’ 100% of tour price

Extended Tours (Republic of Ireland) : Two to Nine Day Tours

The cancellation charge deducted from your refund depends on how far in advance you notify us before the tour departure, as outlined below.

• 15 days or more before departure will incur a cancellation charge of 10% of tour price

• Less than 15 days before departure will incur a cancellation charge of 100% of tour price

• In the event of ‘no show’ 100% of tour price

Extended Tours (Republic of Ireland) : 10+ Day Tours

The cancellation charge deducted from your refund depends on how far in advance you notify us before the tour departure, as outlined below.

• More than 21 days before departure will incur a cancellation charge of 10% of tour price

• Less than 21 days before departure will incur a cancellation charge of 100% of tour price

• In the event of ‘no show’ 100% of tour price

PLEASE NOTE:

• The above cancellation terms do not apply if you only book one arrangement (i.e. One Day Tour) and in which case the applicable cancellation terms and conditions for such holidays can be found in section D.

• If you book a tour and accommodation together at a single price, this will be a Package and in which case Section C will apply.

• Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

• If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

• Insurance premiums and amendments charges are not refundable in any circumstances.

• Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

27 Insolvency Protection

Linked Travel Arrangements for customers in Ireland and Europe (EEA and EU)

Irish Total Payment Protection (topp) Policy cover:

In compliance with The Package Holidays and Travel Trade Act 1995 (Republic of Ireland), an insurance policy has been arranged with Arcus Solutions, to protect prepayments of customers in Ireland and Europe in the unlikely event of our financial failure, and paid in respect of:

• LTA bookings, sold by the Policyholder, Rabbie’s (Ireland) Limited, to customers in Ireland, the UK and Europe

for:

• a refund of such prepayments if customers have not yet travelled, or

• making arrangements to enable the holiday to continue if customers have already travelled

• repatriation of customers as may be applicable, subject to the terms of the insurance policy.

In the unlikely event of financial failure please contact the claims helpline on +44 (0) 1702 811397. A copy of the policy is available on request.

This policy is provided by:

Arcus Solutions – 3 Cours Charlemagne, 69002 Lyon – SARL au capital de 1 000€ – Téléphone: +44 (0) 207 065 5300. www.arcus-solutions.fr 

RCS de Lyon n°853 774 529 – Code APE n°6622Z – ORIAS n°19006898. Le registre des intermédiaires d’assurances est tenu à jour par l’ORIAS disponible sur www.orias.fr 

Entreprise régie par le Code des Assurances et soumise au contrôle de l’ACPR – 4 place de Budapest, CS 92459, 75436 Paris Cedex 09

RC Professionnelle et Garantie Financière conformes aux articles L. 512-6 et L. 512-7 du Code des Assurances

This policy is underwritten by:

Accelerant Insurance Europe SA registered and authorised by the National Bank of Belgium and regulated by the Financial Services and Markets Authority (Ref. 3193), Acting in Ireland under Freedom of Services.

NOTE: This insolvency protection does not cover contracts with parties other than the Company, which can be performed despite the Company’s insolvency.

The topp certificate can be found here.

SECTION C – PACKAGE BOOKINGS

This section only applies to Packages booked with us, where we are acting as the Package Organiser (please see condition 26 for further details of when this will be the case). Please read this section in conjunction with Section A of these Booking Conditions.

28 Definition of a Package

Where your booking is for a Package holiday that we have organised, as defined below, we will act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel Directive (EU) 2015/2302 if you are a EU resident or under the PTRs, if you are a UK resident, as outlined in this Section C of our Booking Terms and Conditions.

A “Package” exists if you book a combination of at least two different types of the following separate travel services, for the purpose of the same trip or holiday:

1. transport;

2. accommodation;

3. rental of cars, motor vehicles or motorcycles (in certain circumstances); and

4. any other tourist service not intrinsically part of one of the above travel services, provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.

29 Pricing of Packages

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:

1. the price of the carriage of passengers resulting from the cost of fuel or other power sources;

2. the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes.

3. the exchange rates relevant to the package.

Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers. You will be charged for the amount of any increase in accordance with this condition However, if this means that you have to pay an increase of more than 8% of the price of your confirmed package holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another package holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.

Should the price of your package holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee. The administration fee will be based on our costs to make such change and will be confirmed to you before such administration is carried out. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.

30 If You Change Your Package & Transfers of Package

If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes may be subject to payment of an administration fee of 10% of the total cost of the package holiday, up to a maximum of £200 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with condition 29.

Transfer of Booking:

If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:

1. that person is introduced by you and satisfies all the conditions applicable to the holiday;

2. we are notified not less than 7 days before departure;

3. you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and

4. the transferee agrees to these booking conditions and all other terms of the contract between us.

You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in condition 29 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

31 Cancellation by You

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it.

Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.

Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges based on the holiday booked as follows:

Package Tours

Please note that insurance premiums and amendment charges are not refundable in any circumstances.

Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

Cancellation by You due to Unavoidable & Extraordinary Circumstances:

You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this condition, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

This condition 29 outlines the rights you have if you wish to cancel your Package booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

32 If We Change or Cancel your Package

As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

Changes: We shall do everything reasonably possible to provide your tour and/or services as planned. However, we reserve the right to alter all routes, schedules, itineraries, attractions, accommodation, services and modes of transport where required to do so. The majority of any such alterations will be minor and we will try to advise you of them at the earliest possible date and will endeavour to provide alternatives of a similar standard, nature and/or value. Examples of minor changes include change of accommodation to another of the same or higher standard.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure:

1. A change of accommodation area for the whole or a significant part of your time away.

2. A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.

3. A significant change to your itinerary, missing out one or more destination entirely.

In the unlikely event that we are required to significantly alter a material part of your tour, we will notify you as soon as possible in order to enable you to decide how you wish to proceed. In any such event you will be entitled to:

1. take an alternative tour of equivalent or superior quality, if we are able to offer that, or

2. take a substitute tour of lower quality if we are able to offer that (in which event the difference in price between the original and the substitute tour will be refunded to you); or

3. cancel your booking and obtain a full refund of all monies paid by you.

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Insurance If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

33 Our Responsibilities to You in respect of Package

We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel Directive (EU) 2015/2302 or the PTRs (as applicable), as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your Package, as set out in your final itinerary document and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your final itinerary document and the information we provided to you regarding the services prior to booking.

We will not be responsible nor pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.

We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

• the acts and/or omissions of the person affected; or

• the acts and/or omissions of a third party unconnected with the provision of the services

• contracted for and which were unavoidable and extraordinary; or

• Events Beyond Our Control (as defined in condition 4).

We limit the amount of compensation we may have to pay you if we are found liable under this condition:

• loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

• Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.

• Claims in respect of international travel by air, sea and rail, or any stay in a hotel:

1. Where applicable, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions such as The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of this Convention from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.

2. Where applicable, in any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

3. Where applicable, when making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

Subject to these Booking Terms & Conditions, if we or our suppliers negligently perform or arrange those services set out in the final itinerary document and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package travel arrangements you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this Package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Terms & Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your trip. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

• which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or

• relate to any business:

• indirect or consequential loss of any kind.

We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website or in any printed material we may produce. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

Where it is impossible for you to return to your departure point as per the agreed return date of your Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your trip. For the purposes of this condition, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

34 Insolvency Protection for Packages

Customers in Ireland and Europe (including UK)

Irish Total Payment Protection (topp) Policy cover:

In compliance with The Package Holidays and Travel Trade Act 1995 (Republic of Ireland), an insurance policy has been arranged with Arcus Solutions, to protect the prepayments of customers in Ireland and Europe in the unlikely event of our financial failure, and paid in respect of:

• Non-flight inclusive packages sold by the Policyholder as principal to the contract

for:

• a refund of such prepayments if customers have not yet travelled, or

• making arrangements to enable the holiday to continue if customers have already travelled

• repatriation of customers as may be applicable, subject to the terms of the insurance policy.

In the unlikely event of financial failure please contact the claims helpline on +44 (0) 1702 811397. A copy of the policy is available on request.

This policy is provided by:

Arcus Solutions – 3 Cours Charlemagne, 69002 Lyon – SARL au capital de 1 000€ – Téléphone: +44 (0) 207 065 5300. www.arcus-solutions.fr 

RCS de Lyon n°853 774 529 – Code APE n°6622Z – ORIAS n°19006898. Le registre des intermédiaires d’assurances est tenu à jour par l’ORIAS disponible sur www.orias.fr 

• Entreprise régie par le Code des Assurances et soumise au contrôle de l’ACPR – 4 place de Budapest, CS 92459, 75436 Paris Cedex 09

• RC Professionnelle et Garantie Financière conformes aux articles L. 512-6 et L. 512-7 du Code des Assurances

This policy is underwritten by

Accelerant Insurance Europe SA registered and authorised by the National Bank of Belgium and regulated by the Financial Services and Markets Authority (Ref. 3193), Acting in Ireland under Freedom of Services

NOTE: This insolvency protection does not cover contracts with parties other than the Company, which can be performed despite the Company’s insolvency.

The topp certificate can be found here.

35 Prompt Assistance for Packages

If you have booked a Package and whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

SECTION D – SINGLE SERVICE BOOKINGS

This section applies to all single service bookings that you make with us (e.g. tour only) when we are acting in a Principal capacity. Please read this section in conjunction with Section A of these Booking Conditions.

36 Cancellation by You

If you wish to cancel your booking after our booking confirmation has been issued, you should inform us in writing as soon as possible - the effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges may be payable, as set out below.

One Day Tours & Half Day Tours (Republic of Ireland)

Extended Tours (Republic of Ireland): Two to Nine Day Tours

Extended Tours (Republic of Ireland): 10+ Day Tours

PLEASE NOTE:

• If you book an Extended Tour (two to nine days or 10+ days with an additional arrangement (i.e. accommodation), this may create a Linked Travel Arrangement and in which case, section B will apply.

• If you book a tour and accommodation together at a single price, this will be a Package and in which case Section C will apply.

• Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

• If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

• Insurance premiums and amendments charges are not refundable in any circumstances.

• Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us.

37 If We Change Or Cancel Your Single Service Booking

We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.

Very rarely, we may be forced due to Force Majeure event (please see condition 4) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

38 Our Responsibilities For Your Single Service Booking

Subject to the remainder of this condition, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.

We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

1. the act(s) and/or omission(s) of the person(s) affected; or

2. the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

3. unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

4. an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

We limit the amount of compensation we may have to pay you if we are found liable under this condition:

1. loss of and/or damage to any luggage or personal possessions and money,

   The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.

2. Claims not falling under (a) above and which don’t involve injury, illness or death

   The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.

It is a condition of our acceptance of liability under this condition that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.

We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

39 Insolvency Protection

If you book arrangements other than package holiday from us, your monies will not be financially protected. Please ask us for further details.