Booking Terms & Conditions
In the bookings, the word “Organiser” means the person who arranges your transport,
accommodation etc., and who offers it as a holiday. “Consumer” means you, the
person who buys or agrees to buy 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 complete booking form
together with a deposit or full payment for the holiday and has issued written
confirmation of its acceptance to the Consumer. The terms of contract are contained
solely in the Organiser’s brochure and website.
(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.
2. Disabled Persons
It shall be the Consumer’s responsibility to disclose to the Organiser any physical or
mental condition of a member of his party which may be relevant. The Organiser
reserves the right to decline to provide a holiday for a disabled person where in the
Organiser’s opinion that holiday would be inconsistent with the special needs of a
disabled person.
3. Payment
The holiday must be paid for in full at least 4 weeks 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 cancellation charges are payable by the Consumer:
More than 4 weeks before the departure date, any deposit paid shall be forfeited.
Within 4-2 weeks of departure, 40% of the cost of the holiday is forfeited.
Within 2 weeks – 8 days of departure, 70% of the cost of the holiday is forfeited.
Within 7 days of departure, 100% of the holiday cost is forfeited.
All cancellation charges apply to each person covered by a booking.
In regards 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.
4. Substitution
(a) Where the Consumer is prevented from proceeding with the holiday, he may
transfer his booking, having first given reasonable notice to the Organiser (4 weeks)
in writing of his intention to do so before the departure date. The transferee from 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.
5. Alteration By The Consumer
If after acceptance by the Organiser a Consumer wishes to alter a holiday, the
Organiser will use its best endeavours, if practicable, to facilitate that change. A
request for alteration must be in writing and must be accompanied by a payment of
€10 per person which is non-refundable. If the alteration is not practicable the original
holiday arrangements 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 a charge. If default is made by
the Consumers in complying with the foregoing requirements, the Organiser shall
have the rights referred to in clause 3.
6. Special Requests
Special requests (e.g. ground floor accommodation, seaview, 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
Organiser shall only be obliged to provide services in accordance with special
requests where it specifically commits itself in writing to do so. No liability shall
attach to the Organiser for failure to comply with a special request which has not been
confirmed by it in writing.
7. Accommodation On Request
Where accommodation is “on request” an additional administration charge of €15 will
be payable by the Consumer. This charge will be debited 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 €15 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 the 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 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 cancellation 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 that 18 hours change in the
time of departure, or a change in 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 payments made. This clause does not relate to sporting events
or other ticketed events.
(e) Where the Organiser makes an alteration in the holiday as contemplated in subparagraph
(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 Departure date and compensation per
person:
Within 4 weeks €10.00
Within 2 weeks €15.00
(f) In the booking terms and conditions, the term “force majeure” means Acts of God,
natural disasters, adverse weather conditions, fire or other destruction of any vessel,
craft or vehicle to be used in connection with a holiday, riots, acts of war, civil
commotion, exercise of legislative, municipal, military or other authority, strikes,
industrial action, requisition of equipment, mechanical breakdown, shortage of fuel,
insolvency or default of any carrier or service connected with a holiday, fraud
perpetrated against the Organiser or any other reason beyond the control of the
Organiser.
(g) 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.
(h) In regards to sports events and other ticketed events:
(i) in the event of a fixture/event being changed from a weekend date (a
weekend days being deemed as Friday, Saturday, Sunday and Bank Holiday Monday)
to a midweek date or vice versa, we the Organiser reserve the right to change the type
of service being provide, ie. 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).
(ii) if a fixture/event is transferred or postponed for whatever reason, it is
agreed that all monies will be transferred to the new date without question.
(iii) if a 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.
(i) In regards to ferry travel, if a ferry is cancelled prior to departure, we the Organiser
will do everything within its power to provide alternate ferry travel options. The
Organiser can not be held responsible for late arrival at or missing of an event.
Refunds will not apply unless the Organiser receives refunds from suppliers.
9. Insurance
The Organiser strongly recommends that all Consumers avail of travel insurance for
both domestic and non-domestic holidays. Travel insurance is available from most travel agents. The Organiser will not be responsible for any claims made against the
insurance policies.
10. Price Variation
All prices are stated in Euro 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
refunded to the Consumer. However no variations shall be applied where their
combined effect 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 Organiser shall
not increase the price stated in the brochure.
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
its content, 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 present himself at the port
of departure in sufficient time prior to the designated departure time to complete
embarkation requirements. If the Consumer arrives after the check in time stipulated
in the travel documentation provided, 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 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 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 Organisers staff and any crew member of a carrier’s craft or
vehicle used in connections with a holiday and hereby agrees to indemnify the
Organiser’s staff 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.
12. Safety
All passengers must remain seated in the interest of safety whilst vehicles are in
motion. Seatbelts 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. Barrys Tours and their 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.
13. Complaints
(a) Should any passengers have cause for complaint for any reason, whilst on holidays
the following must be observed. If a client has reason to complain about the
accommodation, food or service at any guesthouse or hotel that such complaint should be made in first instance direct to the proprietor or manager of the establishment
concerned at the time they arise, and shall if the Organiser requires complete a form
setting out the detail of the Consumer’s complaint. If the Consumer fails to comply
such requirement, the Organiser shall be entitled to recover the cost from the
Consumer of any 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 21 days after his return to the port of departure or termination of the
holiday, whichever is the earliest.
14. Arbitration
Any dispute or difference of any kind whatsoever which arises or occurs between any
parties hereto in relation to any thing or matter arising under, out of or in connection
with this contract shall be referred to arbitration under the Arbitration Rules of the
Chartered Institute of Arbitrators – Irish Branch.
