Terms & Conditions
Booking Terms and Conditions
In these conditions the word “Organiser”
means Tony Collins Travel Agency Ltd. T/A Topflight, 3rd Floor, Jervis House,
Jervis Street, Dublin 1 (TO: 074), 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 you have bought. The “Retailer” is
the person who sells the holiday to you, he is not responsible for organising
the flight, accommodation or other parts of the holiday.
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 that these terms and conditions contained herein the “Terms and
Conditions” of any contract made with your suppliers apply to your booking and
your travel arrangements. The 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. If you are booking on
www.topflight.ie 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, any airline
or sailing ticket issued and the itinerary issued by the Organiser.
(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 of these terms and conditions 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 this Booking Form 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.
(c) Minimum Age: Any passengers who are
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 consumer’s contract with the organiser nor are they governed
by the Package Holidays and Travel Trade Act 1995.
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.
3. PAYMENT
The holiday must be paid for in full 10
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:
• Up
to 6 weeks prior to departure, any deposit will be forfeited.
• Within
6 weeks of departure, 50% of the cost of the holiday is forfeited.
• Within
4 weeks of departure, 75% of the cost of the holiday is forfeited.
• Within
2 weeks of departure, 90% of the cost of the holiday is forfeited.
• Within
1 week of departure, 100% of the cost of the holiday is forfeited. All
cancellation charges apply to each person covered by a booking. Any insurance
premium payable is not refundable.
• Because
of the ever changing nature of airfare structures and the increasing
availability of instant purchase air fares most of the scheduled 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 as detailed in Clause 3
of these terms and conditions.
4. SUBSTITUTION
(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 €32 per person
substituted (or such other greater sum as may be authorised). Insurance is not
transferable.
5. 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, to facilitate that change. A request for alteration must be in
writing and must be accompanied by a payment of 32 per person which payment is not refundable. If the alteration is
impractical the original holiday arrangement shall continue to apply. If only
some of the consumers booked request a change, which is found to be practical,
a price adjustment for all consumers on the same booking may be payable and
must be discharged on the date shown on the Organiser’s written confirmation of
such change. The addition to or amendment of ski packs after confirmation of a
booking will incur a charge of €13. If default is
made by the Consumer in complying with foregoing requirements, the Organiser
shall have the right to cancel the holiday in accordance with clause 3 and the
cancellation charges as provided for in clause 3 are payable by the Consumer.
*Please note that in addition to our Adminstration Fee, Amendment Fees may also
apply, depending on the nature of the Amendement. Details of the applicable
Amendement Fees can be obtained from our reservations department on request. In
accordance with the provisions of Clause 1 of these terms and conditions, the Consumer
should be aware that some suppliers such as carriers impose cancellation fees
and apply restrictions which are not in the control of the Organiser and for
which the Organiser shall not be held liable.
6. 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 third party supplier. 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.
7. 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 (f) 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 of the Organiser’s holidays is 95 persons per
flight. 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 which fundamentally alters the holiday,
such as a change of resort area, or a change of accommodation to a lower
Topflight rating, or an alteration of the 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 return of the payment made.
(e) Where the Organiser makes a major
change in the
holiday as contemplated in subparagraph (d)
of this clause the Consumer shall be entitled to receive compensation in
accordance to the scale set out in this sub-paragraph. No compensation shall be
payable where the alteration is for reasons referred to in sub-paragraph (b) or
(c) of this clause. Notification Period prior Compensation to Departure Date per
Person
Within 8 weeks €13 Within 6 weeks €25
Within 4 weeks €38 Within 2 weeks €50
(f) In this booking form, 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.
8. INSURANCE
The Consumer’s attention is drawn to the
exclusion clauses and excesses in the insurance policy arranged by the
Organiser. It is a condition of this contract that the Consumer is covered by
either the insurance organised by the Organiser or an alternative policy equal
or better in each section than the cover arranged by the Organiser.
Seat only Clients:
You are strongly recommended to avail of
the insurance arrangements, which have been put in place by the Organiser or
the comparable insurance cover offered by your travel agent.
It is completely at your discretion whether
you choose the Organiser's insurance or that offered by your travel agent or
make your own arrangements. If You do not take the Organiser’s insurance, you
agree to indemnify the Organiser for any costs that arise which would otherwise
have been met had the Organiser’s insurance been taken.
It is the responsibility of the Consumer to
check that the insurance scheme provides the Consumer with his desired level of
cover. In so arranging insurance cover of the Consumer the Organiser is acting
as the agent of the relevant insurer and shall not be responsible to the
Consumer of any default by the insurer under that policy. All claims made against the insurance
policy shall be made directly to the insurer. The Consumer shall be responsible
for making any special or increased insurance arrangements which he deems
necessary.
Medical costs abroad
It is essential that you have adequate
medical insurance and that you carry a copy of your insurance policy with you.
If you have a medical bill whilst on holiday it is common practice to pay the
entire bill in resort.
9. Price Variation
All prices quoted which are given in Euros
are based on tariffs, transport costs (including fuel) and exchange rates
current and appropriate at the time of publication. If any of these vary the
holiday may increase or decrease accordingly. Any such increase/decrease shall
be paid by or refunded to the Consumer, however no variations will be applied
where their combined effects would result in an increase/decrease of less than
2% of the cost of the holiday. During the period of twenty days prior to the
departure date, the price stated in the brochure shall not be increased or
decreased by the Organiser.
10. 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 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 to the Consumer, the Organiser shall not be obliged to
carry 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 authority with regard to weight, type and
contents of baggage which he may take on board the craft and/or 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 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 either
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 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. NOTE, HOWEVER, 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.
11. 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 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; 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 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
Organiser’s liability will not exceed any limitation applicable under any
international convention governing or relating to the provision of the service
complained of, even if that convention has not been ratified or applied in the
Republic of Ireland. In respect of international air travel, 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;
in respect of rail travel, the Berne Convention 1961, in respect of carriage by
sea, the Athens Convention 1974; in respect of carriage by road, the Geneva
Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the
avoidance of doubt, this means that the Organiser is to be regarded as having
all benefit of any limitations of compensation contained in any of these
conventions or any other international conventions applicable to the Consumer’s
holiday.
Sea Travel Conditions of Carriage &
International Conventions:
Land, sea and air carriers will have their
own conditions of carriage with which you must comply. In the case of sea
travel the provisions of the Athens Convention 1974 relating to the carriage of
passengers and their luggage by sea may apply. This Convention and the sea
carrier’s conditions of carriage may continue to apply to you and your party
throughout your stay on board the ship and during boarding and disembarkation.
This Convention presumes that your baggage has been delivered undamaged unless
you give full written details to the carrier (i) in the case of apparent damage
before you disembark from the ship or the baggage is redelivered to you; or
(ii) in the case of damage which is not apparent or of loss, within 15 days of
disembarkation or from the time when the baggage should have been redelivered
to you. The Athens Convention, and the carriers’ conditions may limit or
exclude liability for death or personal injury, or loss of or damage to
luggage, and make special provisions for valuables.
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 113,100 SDRs, 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 person entitled
to the compensation. In the event of death, this advance payment shall not be
less than 16,000 SDRs.
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.
Baggage delays:
In the 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.
Destruction, loss or damage to baggage: The
air carrier is liable for destruction, loss or damage to baggage up to 1,131
SDRs. In the case of checked baggage, it is liable even if not at fault, unless
the baggage was defective. In the case of checked baggage, the carrier is
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 checked baggage, the passenger must write
and complain within 7 days and in the case of delay within 21 days, in both
cases from the date on which the baggage was placed at the passenger’s
disposal.
Liability of Contracting and Actual
Carriers
If the air carrier actually performing the
flight is not the same as the contracting air 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 on the ticket, 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 any conditions of
carriage applicable to the holiday and the Conventions 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.
12. COMPLAINTS
(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.
13. GOVERNING LAW
The contract arising from any confirmed
holiday booking is to be interpreted under and is subject to, the laws of the
Republic of Ireland.
14. LATE AVAILABILITY
Close to departure date, the Organiser may
occasionally offer late availability holidays where both your accommodation
and/or resort may be allocated on arrival. If you have specific holiday
requirements it is advisable to book named accommodation from the brochure to
ensure any of your specific requests are met. Late availability holidays may
not be in this brochure and may be subject to conditions other than those shown
in this brochure and consequently one should check when booking.
15. FLIGHTS & FLIGHT TIMES
(i) We reserve the right to change
airports, airlines or aircraft types at any time. Such changes will not be
regarded as a significant change and you will not be entitled to cancel your
holiday without paying the appropriate cancellation charge. Some flights may
have to stop en route. Where this is known advance details are given in the
flight tables, otherwise we will inform your travel agent. Although the flight
times in this brochure were correct when published, they can be subject to
alteration by the various Irish and Overseas airport scheduling committees or
for other reasons. You will only be entitled to cancel your holiday booking
without penalty or to receive compensation when the change to your flight times
is 18 hours or more. Other changes, which for example, may give a reduced time
in resort cannot be compensated.
(ii) Flight timings in this brochure are
for guidance only and are subject to change. The Confirmation Invoice issued
after you book will show the planned flight details. Actual flight details will
be shown on flight tickets.
(iii) Flight Only: Flight only customers
must reconfirm their return flight at least 24 hours prior to departure.
Contact details included in travel documents.
(iv) There may be no inflight catering on
some flights.
(v) Transfers to your chosen resort are by
coach or mini bus. Transfers to some resorts may entail a switch to a smaller
feeder bus en route.
16. 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
17. CUSTOMER PROTECTION
The Organiser of your holiday is Tony
Collins Travel Agency Limited t/a Topflight
[Government Licence Number 074].].
lfast are protected by the Civil Aviation Authority ATOL Scheme. Ref 6503.