Booking Terms

In this contract the word Organiser means Limerick Travel Ltd, trading as LetsGoTravel, FlyforGolf, Sportsbreaks & Bookinsurance,the person who arranges your flight, accommodation, transport, 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 or any other person to whom you transfer a holiday which you have bought. The “Retailer” is the person who sells or offers to sell the holiday to you, he is not responsible for organising the flight, accommodation or other component parts of the holiday.

1. THE CONTRACT

(a)(i) Online Bookings
The customer, by agreeing to these conditions, and by inputting credit card details for payment, makes an offer to the Organiser for the selected holiday. The Organiser may either accept or reject this offer. Email notification of acceptance or rejection will be communicated to the Customer at the e-mail address, which the Customer provides. The Customer recognises that a contract for the service is immediately formed with the Organiser. There is no requirement for exchange of signed hard copies of the agreement. By making an offer in accordance with these terms, the Customer consents to the formation of this contract electronically.
Any dispute arising in connection with the contract shall be determined in accordance with the laws of the Republic of Ireland.
The particulars of any holiday advertised on this website are subject to confirmation and acceptance by the Retailer. The particulars may be altered by the Organiser upon notice to the Customer at any time up to 7 days before the holiday departure date where any particulars contain an obvious mistake.
Credit card details should be submitted by the credit card account holder. In the event that the Customer is not the credit card account holder, the Customer hereby acknowledges that they are representing the credit card account holder and that they have the authority of the credit card account holder to submit these credit card details. Criminal or civil liability may attach to a person who submits credit card details without authority.
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 safety or 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. Further, where, as a result of the Consumer’s actions or the actions of any other person who is listed on this Booking 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.
Before travel, all relevant documentation will be issued to you via email. It is extremely important that you check all details and elements of your booking carefully before confirming the details as any changes to details following your booking will incur a fee. By entering into the contract with the Organiser you agree that it is not responsible for information not received as a result of your failure to provide a valid email address to us.
The particulars of any holiday advertised on this website are subject to confirmation and acceptance by the Retailer. The particulars may be altered by the Retailer upon notice to the Customer at any time up to 7 days before the holiday departure date where any particulars contain an obvious mistake.
(a)(ii) Offline Bookings
No contract shall arise until the Organiser has (i) received this completed Booking Form (which has, or a faxed copy hereof has, been signed by the Consumer and by the Retailer as the agent of the Organiser or by the Organiser); (ii) received a deposit or full payment for the holiday; and (iii) has issued written confirmation of its acceptance to the Retailer as the agent of the Organiser or to the Consumer.
(a)(iii) The terms of the contract between the Consumer and the Organiser are contained solely in this Booking Form, 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

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 Retailer or 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 Organisers opinion that holiday would be inconsistent with the special needs of that person.

3. SPECIAL REQUESTS

Special requests (e.g. ground floor accommodation, seaview, etc.) shall be communicated by the Consumer in writing to the Organiser or Retailer at the time of making the booking. The Organiser shall use reasonable endeavours to fulfil such requests. The granting of such requests is the sole responsibility of the property management. 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. Special requests cannot be processed within 6 weeks of departure. Request for a change to the date of departure or destination cannot be accepted within 2 weeks of commencement of the package.

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 Retailer or 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 documentation provided to the Consumer, the Organiser shall not be obliged to carry the Consumer and shall be entitled to treat the holiday as having been cancelled by the Consumer.
(c) The Consumer is restricted by regulation of carriers and executive 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 point 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 carrier’s craft or vehicle used in connection with the holiday and hereby agrees to indemnify the Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumer’s failure to act in accordance with any such direction or instruction.
(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.
(f) Pursuant to Regulation EC261/04 airline passengers are granted new rights including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights will be publicised at EU airports and will also be available from affected airlines.

HOWEVER, YOU SHOULD NOTE THAT REIMBURSEMENT OF THE COST OF A FLIGHT THAT FORMS PART OF YOUR HOLIDAY IS THE RESPONSIBILITY OF YOUR HOLIDAY AIRLINE AND WILL NOT AUTOMATICALLY ENTITLE YOU TO REIMBURSEMENT OF THE COST OF YOUR HOLIDAY FROM US.

6. LIABILITY

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 Organisers 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, the Retailer acting on his behalf 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, the Retailer acting on his behalf or the supplier of the services, even with 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 Organisers 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 Consumers holiday. This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.

Compensation in the case of death or injury

There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 Special Drawing Rights (“SDRs”) (approximately EUR123,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance payments

If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately EUR20,000).

Passenger delays

In the case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,694 SDRs (approximately EUR 5,650).

Baggage delays

In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,131 SDRs (approximately EUR1,350).

Destruction, loss or damage to baggage

The air carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs (approximately EUR 1,350). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is only liable only if at fault.

Higher limits for baggage

A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on baggage

If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to the checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passengers disposal.

Liability of contracting and actual carriers

If the air carrier actually performing the flight is not the same as the actual carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated that air carrier is the contracting air carrier.

Time Limit for action

Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Basis for the information

The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the member states). A copy of the conditions of carriage applicable to the holiday and the Convention referred to above, can be supplied on request. In the event of any liability on the part of the Organiser for injury, illness or death, no payment will be made unless the following conditions are complied with:
(I) the Consumer must advise the Organiser in relation to the injury or illness while the Consumer is at the resort and must also write to the Organiser within three months of the completion of the holiday;
(II) the Consumer must transfer any rights that the Consumer has, in respect of such injury, illness or death against any person to the Organiser;
(III) the Consumer must co-operate fully with the Organiser to enable the Organiser or its insurers to enforce such rights.

7. COMPLAINTS

(a) Without prejudice to the Consumers rights under Clause 7(b) below, if the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Organisers 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 Consumers 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 in 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

The terms of the contract (as provided for in Clause 1 of this Booking) are to be interpreted under and are subject to the laws of the Republic of Ireland.

9. PAYMENT

The holiday must be paid for in full at least 10 weeks before the scheduled date of departure or if the contract is made later than 10 weeks before the scheduled date of departure, it must be paid for in full on the acceptance of terms & conditions.
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 or Retailer, agrees to delay cancellation of the holiday, then if the Organiser subsequently cancels for non- payment, the cancellation charges set out shall apply and be payable by the Consumer.
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. Such 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.
Any cancellation of the booking must be notified by you in writing to us. The following cancellation charges are payable:
More than 70 days before the departure date any deposit paid shall be forfeited together with any instant purchase ticket being part of the package.
50 – 70 days 50% together with any instant purchase ticket being part of the package.
0 – 50 days 100% together with any instant purchase ticket being part of the package.
All cancellation charges apply to each person covered by a booking. Any insurance premium paid is not refundable. In a case where only some of the persons on the booking cancel, the Company may, at its sole discretion, in addition to levying cancellation charges, adjust the price of the holiday for the remaining persons. In the case where the number of persons on a booking falls below the minimum number required for the particular accommodation booked, the Company may deem the entire booking to have been cancelled and levy cancellation charges accordingly. In all cases of cancellation, all persons covered by a booking shall be jointly and severally liable to the Company for all charges including cancellation charges and price adjustments. All cancellation charges apply to each person covered by a booking. As cancellation cover applies immediately, any insurance premium paid is not refundable. All cancellation charges apply to each person covered by a booking. As cancellation cover applies immediately, any insurance premium paid is not refundable.

10. SUBSTITUTION

(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 or Retailer reasonable notice in writing of his intention to do so before the departure date (such notice shall not be less than 21 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 or Retailer for payment of any balance due in respect of the holiday and for a minimum substitution fee of €100 per person substituted, subject to a maximum of €250 per person (or such other greater sum as may be authorised).
(c) Insurance is not transferable.
(d) In accordance with the terms of Clause 1 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 to the Retailer (who shall forward same to the Organiser) or, where the booking has been made directly with the Organiser to the Organiser 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 Organisers 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 cancellation schedule set out in 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. ALTERATION BY THE ORGANISER

Changes can occur at any time and in circumstances which are beyond our control. Naturally, every effort will be made to maintain all original booking details, but sometimes we are forced to make changes for reasons outside of our control and / or jurisdiction.
Our accommodation providers have the right to change your accommodation to an alternative within the same resort but of at least similar standard to that which you booked. In the unlikely event that an accommodation provider has to offer alternative accommodation of an inferior standard, then the difference in price will be recompensed. If the accommodation provider is unable to provide an alternative that is suitable or acceptable to you, then the Company reserves the right to cancel your booking and we will email you accordingly.
Our resort transfer providers have the right to change the type of vehicle used in conveying you from the airport of arrival to your accommodation / from your resort accommodation to the airport for your return flight and, providing the alternative offered is a vehicle that is roadworthy, then no compensation shall be due from the transfer to you.
If the car rental company is unable to provide the type / category of car you have chosen, then that company has the right to offer an alternative of at least the same standard or superior standard to the original you booked. In the unlikely event that the alternative offered to you is of inferior standard, the Company reserves the right to cancel your booking and will email you accordingly. If a particular price detail in your invoice is incorrect, we reserve the right to cancel the booking. If we cancel your contract, we will mail you accordingly and refund any monies deducted from your credit card as soon as reasonably possible. By booking with us, you agree that you will not hold us liable for any disappointment caused as a result and no compensation shall be due to you other than that due under Irish law. Please note that you will not be entitled to compensation due to the package being cancelled by force majeure i.e. the package is cancelled due to unusual and unforeseeable circumstances beyond our and / or third parties control, the consequences of which could not have been avoided even if all due care had been exercised.

13. INSURANCE

We cannot recommend strongly enough the importance of taking out adequate travel insurance. Many principals require you to take out travel insurance as a condition of booking with them to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. Pre-existing medical conditions of all those on whose health your travel arrangements depend). If you do not disclose relevant information your insurance may not be effective. You must read your policy booklet thoroughly and if you are not satisfied with the cover you can apply for a refund with 7 days of purchase.

We consider travel insurance to be essential and strongly advise you to arrange for appropriate travel insurance to cover you for a comprehensive range of events including cancellation, baggage loss, accidents and health issues whilst you are away. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We strongly advise you to read the policy details carefully and to take them with you on your holiday.

14. ONLINE DESCRIPTION ACCURACY

The Letsgotravel website descriptions are prepared before the season commences, and although every effort is made to ensure complete accuracy, it is inevitable that some of the details contained therein may have changed since the descriptions were prepared. The Organiser shall inform the Consumer of any changes that the Organiser becomes aware of. All prices quoted are stated in Euro and are based on tariffs, taxes, transport costs including fuel and current exchange rates. The flights referred to on the Letsgotravel Travel Website are scheduled to be operated by Low Cost Carriers and other schedule and charter airlines. We reserve the right to change airlines or aircraft types at any time. Such changes will not be regarded as a significant change and the Consumer will not be entitled to cancel the holiday without paying the appropriate cancellation charges (see “Payment” section above).

15. BUILDING WORK AND NOISE PROBLEMS

Building work and noise are almost unavoidable in some resorts. Unfortunately, such developments are completely outside our control and we do not receive advance notice of when they will begin. The Consumer acknowledges and agrees that the behaviour of other holidaymakers (be they clients of the Organiser or otherwise) is a matter outside the control of the Organiser and the Organiser is not liable for any disruption, inconvenience, disturbance, or diminution of enjoyment of the Consumers holiday arising from the misbehavior of other holidaymakers.

16. DATA PROTECTION

A. The Organiser is committed to protecting your privacy and information. A copy of our privacy policy is available on request from Letsgotravel. The information that we use is for the purpose of fulfilling our contract as an Organiser. Information that you provide us will be held on Letsgotravel computers (and in other ways) for use by us for the following purposes:-
(i) Booking Information
(ii) 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, you (or your travelling party) physical or mental health. This information may also be transferred abroad;
(iii) 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;
(iv) 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;
(v) To contact you via e-mail, letter or phone with details of Letsgotravel or selected suppliers’ products and services including financial services, which may be of interest to you. By entering into a contract with us you agree to the use and disclosure of information by Letsgotravel as described. A copy of your personal information held by Letsgotravel 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 by new laws introduced in the United States and other 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.

17. IDENTITY OF CARRIERS

We are obliged to inform you, at time of booking, of the identity of the operating air carrier(s) which is due to perform, or likely to perform, your flight and if there are any changes to the operating air carrier(s) we are obliged to inform you of any such change(s) as soon as possible. If we don’t know the identity of the operating carrier(s) at time of booking, we must inform you of same as soon as such identity is established. In all cases, we are obliged to inform you of the identity of the operating air carrier at check-in or on boarding, where no check-in is required for a connecting flight. In accordance with EU Directive – (EC) No.2111/2005, Article 9, we are required to bring to your attention the existence of a “Community Blacklist”, which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm

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