Booking enquiries & information
Please read very carefully the conditions set out hereunder before signing the booking form. In these conditions the word “Organiser” means the person who arranges your accommodation and ground arrangements, 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 you have bought. The “Retailer” is the person who sells the holiday to you, he is not responsible for organising accommodation or ground arrangements but he is responsible for booking the flight on your behalf.
1. THE CONTRACT
(a) No contract shall arise until you, via your travel agent or our direct reservations, ask for your booking to be confirmed. By asking us or your travel agent to confirm your booking, you are accepting these terms and conditions contained herein the “Terms and Conditions”. A booking is confirmed when your travel agent receives a booking reference number, via their computer system or when this number is given by our sales staff to you or your agent by phone. If you are booking on www.discoverypuglia.com you will be provided with a booking reference number on-line. The terms of contract are contained solely in these Terms and Conditions; our Confirmation Invoice; our brochure or other descriptive material; the itinerary issued by the Organiser and the terms and conditions of any third party suppliers.
(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 wellbeing of other Consumers in his company or that of the Consumer himself and the cancellation charges as provided for in Clause 3 are payable by the consumer. Further, where, as a result of the Consumer’s actions or the actions of any other person who is listed on the Booking Form either or both of the following incidents occurs:
(i) there is a delay or diversion to the means of transportation;
(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.
(c) Minimum Age: Any passenger who is under 18 years at date of departure (a minor) must be accompanied by an adult (over 18 years of age on date of departure) and will not be permitted to travel in circumstances where the minor is not accompanied by an adult (over 18 years of age on date of departure) and in such circumstances 100% cancellation charges will apply.
(d) Excursions are not packages and do not form part of the Holiday contract nor are they governed by the Package Holidays and Travel Trade Act 1995.
(e) If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund.
2. PERSONS WITH SPECIAL NEEDS
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. Consumers are required to complete and return the Organiser’s Special Needs Form detailing any special requirements which they may have as a consequence of any physical or mental condition. The Organiser cannot accept liability for the unsuitability of any holiday where the Consumer fails to complete and return the form. The Organiser reserves the right to decline to provide a holiday for a person with special needs where in the Organiser’s opinion that holiday would be inconsistent with those special needs.
All cancellations must be advised in writing (by mail or e-mail) to Discovery Puglia prior to tour departure during normal Irish business hours (9:00 am to 5:00 pm GMT -> BST, Mondays through Fridays).
Cancellations for coach tours received within 90 days of departure date are subject to the following penalties on the land portion:
Up to 12 weeks prior to departure, any deposit will be forfeited.
90-45 days - 25% of the cost of the holiday per person is forfeited;
45-15 days - 50% of the cost of the holiday per person is forfeited;
15-0 days - 100% of the cost of the holiday per person is forfeited.
Cancellations for self drive tours and tailor made holidays received within 45 days of departure date are subject to the following penalties on the land portion:
Up to 6 weeks prior to departure, any deposit will be forfeited.
30-15 days - 25% of the cost of the holiday per person is forfeited;
15-5 days - 50% of the cost of the holiday per person is forfeited;
5-0 days - 100% of the cost of the holiday per person is forfeited.
The above mentioned conditions may vary in high season months (July - August) according to the accommodation properties’ cancellation policies. All cancellation charges apply to each person covered by a booking.
Balances are due 10 weeks before departure (3,5% surcharge if paid by credit card).
Prices, taxes & availability are subject to change.
(a) Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking, having first given the Organiser or Retailer six weeks notice in writing of his intention to do so before the departure date. 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 package and for a substitution fee of €25 per person substituted (or such other greater sum as may be authorised). Insurance is not transferable.
5. SPECIAL REQUESTS
Special requests (e.g. ground floor, accommodation, sea view, 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.
6. ALTERATION/CANCELLATION BY THE ORGANISER
Without prejudice to the consumers statutory rights:
(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 subparagraph (e) of this clause), the Organiser is obliged to curtail, alter, extend or cancel a holiday, the consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the holiday.
(c) The Organiser requires a specific minimum number of bookings to operate a specific programme of holidays. The Organiser’s obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that number of bookings. The minimum number of bookings required for all Discovery Puglia coach tours is 8 persons. In
the event that the Organiser does not receive the minimum number of bookings or having received such a 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 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 in writing within 7 days of any cancellation or curtailment necessitated by the foregoing circumstances.
(d) If prior to the time of departure there is a cancellation, or a major change, such as a
change of resort area, or a change of accommodation to a lower Discovery Puglia rating,
or an alteration of the tour departure time of more than 18 hours, the organiser shall, if practical, offer an alternative comparable holiday of at least similar standard or shall refund the consumer all monies paid.
Unless within 7 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 a refund of the payment made.
(e) The term “force majeure” means unusual and unforeseeable circumstances beyond the control of the Organiser, the Retailer or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised or an event which the Organiser, the Retailer or the supplier of services, even with all due care, could not foresee
or forestall. It includes 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, terrorism, 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 supplier connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.
Travel Insurance is not included and, should you not have one already, Discovery Puglia highly recommends you purchase one.
8. CONSUMERS’ RESPONSIBILITIES
(a) The Consumer shall check the travel documentation immediately it is furnished to him. If the Consumer considers any document is incorrect or has any query in relation to the contents he shall forthwith notify the Organiser of his concern and the Organiser shall respond as soon as possible.
(b) The Consumer is solely responsible for ensuring that he presents himself at the meeting point in sufficient time prior to the designated departure time. 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 accept the Consumer and shall be entitled to treat the holidays cancelled by the Consumer.
(c) The Consumer is restricted by regulation of carriers and executive authorities with regard
to weight, type and contents of baggage which he may take on board the vehicles used in connection with the holiday.
(d) The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organisers staff or any crew member of a carriers 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 Consumers 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 either as a consequence of the Consumer failing to have their travel documentation or same not being in order.
The organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser or Retailer acting on the Organiser’s behalf nor to that of another supplier of services because:
(i) the failures which occur in the performance of the contract are attributable to the Consumer; (ii) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseen or unavoidable; If any International Convention applies
to or governs any of the services or facilities included in the Consumer’s holiday arranged or provided by the Organiser, or provided by any of the Organiser’s suppliers (whether ratified in Ireland or not), and the Consumer makes a claim against the Organiser of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, the Organiser’s liability to pay the Consumer compensation and/or the amount (if any) of compensation payable to the Consumer by the Organiser will be limited
in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded); or
(iii) such failures are due to (a) 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 (b) 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 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 accommodation property 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.
(a) If the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Organiser’s representative at the location where the consumer is when the complaint arises and shall if the Organiser requires, complete a form setting out in detail the Consumer 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 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 within 28 days after his return to the port of departure or termination of the holiday whichever is the earlier.
11. GOVERNING LAW & JURISDICTION
The contract arising from any confirmed holiday booking is to be interpreted under and is subject to, the laws of the Republic of Ireland and the parties hereby irrevocably submit to the jurisdiction of the Courts of the Republic of Ireland.