Terms and Conditions.

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Terms and conditions Rebel City Tour.

We are registered as Rebel City Tour, a sole trader registered in Ireland, number 713942.

Our address is No 5, 13 Glenryan Rd. Cork City, Ireland. T23PF77.

These terms and conditions are your contract with us for provision of any Holiday Services you book with us.

In this document, “you” and “your” include the lead-named person on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.

These are the agreed terms

  1. Definitions”Holiday”means tour or event constituted in the services we offer.”Holiday Services”means our service in providing a Holiday.”Regulations”means the European Union (Package Travel and Linked Travel Arrangements) Regulations 2019.
  2. The contract between us
    1. Rebel City Tour Holiday Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.
    2. The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Holiday we describe RebelCityTour.com.
    3. If we are unable to accept your booking, we will of course return your payment to you immediately.
    4. When you make a booking with us, whether or not through our website, you have the benefit of our full compliance with the Regulations.
    5. For you to make a booking, we require your deposit and a completed booking form, as provided on our website. Our confirmation invoice will be sent to you by post or email. We may decline your booking for any reason and we do not have to give you the reason. If that happens we will return your money to you immediately and in any event within 14 days.
  3. Your authority to book for others
    1. If you make a booking on behalf of others as well as yourself, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.
    2. It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.
    3. As lead member of your party, we will deal only with you in our correspondence.
  4. What is included in the price of a Rebel City Tour Holiday?
    1. travel from the meeting point to your return to the departure point (which is likely to be the same place);
    2. accommodation and all meals (unless otherwise stated in the itinerary);
    3. drinking water;
    4. services of one or more guides/representatives.
  5. What is NOT included?
    1. return flights to the holiday destinations;
    2. all other costs incurred before you board transport at the meeting point and after you return to the departure point;
    3. travel insurance or any other insurance personal to you;
    4. passport and visa costs;
    5. vaccinations and medication, before, during and after the Holiday;
    6. food and drink over and above what we include in the Holiday;
    7. gratuities you choose to give, in addition to any we give on your behalf where we consider appropriate.
  6. Holiday prices
    1. When you make your booking, we shall ask you for a deposit of 100% of the total cost. Deposits are non-refundable, except as mentioned below, but in some cases may be transferable to another Rebel City Tour Holiday.
    2. Any booking made less than one week prior to the departure date must be accompanied by full payment at the time of making the booking.
    3. We shall not change the price of your booking once we have accepted your booking.
  7. Special requests

Any special requests relating to your travel arrangements must be sent to us at the time of booking in writing. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled. If we are able to confirm a special request, we will do so by confirmation in writing to you at least [6 weeks] before your departure date.

  1. Minimum participants required for the Holiday
    1. As stated on our website, a minimum number of participants are required in order for the Holiday to go ahead. Therefore we have a right to cancel any Holiday for which there are insufficient reservations.
    2. In the event of any such cancellation, all deposits or other payments made specifically to Rebel City Tour will be refunded in full.
    3. We reserve the right to cancel any Holiday, for which there are not enough bookings, not less than:

2 hours prior to the departure date. In the event of our cancellation, your deposit (and any other payment you may have made to us) will be refunded in full, or, if you prefer, transferred to an alternative Rebel City Tour Holiday.

  1. You agree that all these provisions are reasonable.
  2. Changing your booking

We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email or in writing. A change will be subject to an administration charge of €0 plus any costs we incur in making the change for you. Please note that costs are likely to be higher, the closer you are to the departure date. Most travel arrangements cannot be changed once a reservation has been made.

  1. Transferring your booking

If you would like to transfer your booking from one person to another, the following terms apply:

  1. The transferee must satisfy any special conditions or qualifications applicable to the Holiday.
  2. You must inform us about your intention to transfer your booking to the transferee at least 1 day before the departure date in writing or through email.
  3. You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.
  4. Our administration charge for a transfer made more than 1 days before departure is €0. For transfer made within 1 days before departure the administration charge is €8.
  5. Please note that some airlines may treat your transfer as a cancellation and re-booking, effectively making your requirement impossible. If this happens we will try to find an alternative flight but this may cost more than the original flight.
  6. We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the Holiday Service which you do not use.
  7. Cancellation by you
    1. If you or a member of your party needs to cancel your booking, you must tell us by email or in writing. We will not accept a cancellation by telephone alone. Cancellation incurs costs for us. Costs vary considerably and are not always precisely identifiable. We therefore charge a rounded cancellation fee as follows:
For Event / Tour:
more than [42] days before departure:Deposit
between [41 and 30] days before departure:30% of booking cost
between [20 and 7] days before departure:70% of booking cost
24 hours or fewer before departure:No refund
  1. If you or a member of your party cancels your booking due to an uncontrollable event affecting the Holiday then we shall not charge any cancellation fee as set out in last previous paragraph. Other terms set out in this paragraph shall apply as is.
  2. In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other Rebel City Tour Holiday you choose. But whether we do so is in our discretion, for which we do not have to give a reason.
  3. In any of the above circumstances, we will return any money due to you within 14 days.

Note: we strongly recommend that you take out holiday insurance which covers the cost of cancellation.

  1. If we cancel your Holiday or make changes

Because we make travel arrangements far in advance, we sometimes have to change an arrangement and occasionally even cancel a Holiday. If that happens the following terms apply:

  1. We will always inform you as soon as possible about any change. If that happens you may:
    1. accept the change; or
    2. accept our offer of alternative travel arrangements of a comparable standard; or
    3. cancel your booking, whereupon we will give you a full refund of all money paid.
  2. We will not compensate you for minor changes outside our control. Examples are changes to flight times, aircraft type or different carriers.
  3. Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.
  4. If you have a complaint

In this paragraph the term “ADR Provider” means an approved body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.

  1. Your point of contact during the Holiday will be:

Dara Burke, daraburke78@gmail.com, +353 83 363 6990

  1. If you have a problem during your Holiday it is most important that you immediately inform the relevant provider as well as our representative. If you complain only after you have returned home, we shall not be able to investigate the problem – for your benefit and ours. If that happens, you may lose your right to compensation.
  2. If you feel our representative has not resolved to your problem please write to us within 14 days of your return giving us full details of your Holiday and concise details of the complaint and any subsequent history.
  3. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
  4. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
  5. Your financial protection

We are licensed as a [travel agent/tour operator] by the Commission for Aviation Regulation, [3rd Floor, Alexandra House, Earlsfort Terrace, Dublin 2], Telephone Number [+353 1 6611700], Email: [info@aviationreg.ie]. Our licence number is [number]. As a requirement for the licence we have arranged and approved a secure bond which means that in the unlikely event of our insolvency before or while you are on Holiday, the money you have paid to us is fully secured.

  1. Booking without flights
    1. If the Holiday Service you book with us does not include a flight then your Holiday will not be protected by a secured bond. For Holidays without a flight, your travel arrangements are fully protected by [provide full details of insurance and insurer. Check that you have covered every holiday maker and that your insurance is not restricted to EU citizens or in any other way].
    2. We do not provide insurance for day trips or bookings for accommodation only.
  2. Limitations on our liability
    1. We want you to enjoy a perfect holiday with Rebel City Tour. We shall do our best to make this experience special for you. Nonetheless, we must make clear the limitations in law.
    2. If we fail to provide the Holiday set out on our website or in our brochure and to which these terms apply, we will pay you appropriate compensation.
    3. We are not liable if any failure is due to:
      1. your own carelessness or negligence in any aspect of your behaviour whilst on Holiday;
      2. laws, culture and standards of service and behaviour in any country we may visit;
      3. changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;
      4. some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;
      5. any other unusual and unforeseeable circumstances beyond our control;
      6. a specific event or series of events which we or our contractors or providers could not reasonably have foreseen or prevented;
    4. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else.
    5. The services and features included in your booking are those specified in our website. If you choose to buy other goods or services during your Holiday, those are not part of our service, even if our representative helps you to buy or arrange them. Accordingly we are not liable to you for any happening in connection with that service or goods.
    6. It is a condition of this contract that you take out a policy of travel insurance for every trip outside Ireland. You alone are wholly responsible for arranging your insurance. The period of cover should start no later than the date you make your booking with us.
  3. Passport, visa and immigration requirements

It is extremely important that you obtain and carefully check travel and immigration documents required for each country you visit. You alone are responsible for obtaining required travel documents for your party. We do not accept responsibility for any delay or problem which may occur in this connection. If we have local representation at the time of any such problem, we will assist you as far as reasonably possible to resolve it. However, for the benefit of other people on that holiday, it will not be possible to delay or change travel arrangements or events which will affect others in the tour group.

  1. Help we need from you

Your information pack will provide details about your chosen Holiday, but the following are contractual matters:

  1. Most Rebel City Tour Holidays require reasonable physical fitness and appropriate footwear. You should be prepared to walk up to a couple of miles a day, sometimes on uneven or slippery surfaces.
  2. To satisfy the majority of our clients, we apply “no smoking” rules in the same way that they are applied by law in Ireland. Please note however, that smoking is permitted in some countries we may visit so we cannot prevent third parties from smoking in a bar or restaurant.
  3. If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the Holiday.
  4. If at any time, it is our opinion (given by any of our staff or representative) that you are acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other member, we may exclude you from the programme for the remainder of the Holiday. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers.
  5. Terms and conditions of third party providers

Many of the services we provide, including options which may occur from time to time during your Holiday, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you in the round, for any failure connected with such a provider, our obligations do not cover every contractual term.

Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.

  1. Miscellaneous matters
    1. Rebel City Tour takes your privacy seriously and will only use your personal data in accordance with the Data Protection Act 2018 as fully described in Schedule [1] to this agreement.
    2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.
    5. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.
    6. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
    7. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.It shall be deemed to have been delivered:if delivered by hand: on the day of delivery;if sent by post to the correct address: within 72 hours of posting;If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
    8. The validity, construction and performance of this agreement shall be governed by the laws of Ireland and the parties agree that any dispute arising from it shall be litigated only in that country.

Schedule 1: Privacy notice

The following information constitutes our privacy notice.

In this Schedule, “we”, “our”, or “us” refers to Rebel City Tour and “you”, “your” refers to the lead-named person on the booking details all persons on whose behalf a booking is made.

You can contact us by e-mail about privacy at daraburke78@gmail.com.

Introduction

  1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us.
  2. We take seriously the protection of your privacy and confidentiality. We understand that you are entitled to know that your personal data will not be used for any purpose unintended by you, and will not accidentally fall into the hands of a third party.
  3. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
  4. Except as set out below, we do not use, share or disclose to a third party, any information collected under this contract or otherwise.
  5. Definitions

In this Schedule, the following words shall have the following meanings:

“Act”means the Data Protection Act 2018.
“the Law”means all or any of:(a) the Act,(b) the Data Protection Regulations,(c) the Data Protection Act 1988,(d) the Data Protection Act 1993,(e) regulations made under the Act(f) Directive.
“the Data Protection Regulations”means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
“Directive”means Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.

“data controller”, “data processor”, “data subjects”, “personal data”, “process”, “processed” and “processing” shall have the meanings respectively, as defined in the Act. Note that “process” and “processing” are defined to include simple events like receiving data into our system, or storing it. Processing is not limited to “doing something with it”.

In this agreement, “personal data”, is limited to data which comes into our hands in some way connected to the terms and conditions of your booking.

  1. Data Protection
  1. The obligations described in this Schedule are in addition to our obligations under the Law.
  2. Under the Act, we are obliged to inform you what personal data we hold about you, or may hold at some future date. We must tell you how we propose to use that data and give you other information.
  3. What data we may process in each category

We shall process this basic personal data:

  1. your name, age, personal address, private email address.
  2. telephone number
  3. passport data
  4. all other information you gave to us.
  5. all data which comes to the attention of any of our representatives or other staff whom you may contact for any reason.
  6. financial information processed through the banking system.
  7. information supplied to us by a third party.
  8. information relevant to the performance of your contract.
  9. technical information relating to electronic communication, which is personal information only when associated with the name or identity of the data subject.
  10. The bases on which we process information about you

The Law requires us to determine under which of six defined grounds we process different categories of your personal information, and to notify you of the basis for each category. We mention three categories below. The others are not relevant to your contract.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

Information we process because we have a contractual obligation with you

When a contract is formed between you and us, in order to carry out our obligations under that contract we must process personal information.

We use your information in order to provide you with our services under that contract.

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

Information we process with your consent

Only when you have given us explicit permission to do so, do we process your personal information under the basis of consent.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by telling us. However, if you do so, you may not be able to use our services further.

Information we process because we have a legal obligation

Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

  1. Specific uses of information you provide to us

Booking and pre-booking enquiries

We use your personal information to arrange, process and confirm your booking and to answer any pre-booking enquiry you may have. While making your travel arrangements we will need to disclose personal data to the suppliers of the services which are part of your booking.

Communicating with you

When you contact us, whether by telephone or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you at a later time.

Dealing with complaints

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

We may compile statistics from information relating to complaints to assess the level of service we provide, but not in a way that could identify you or any other person.

  1. Management of your information

Access to your personal information

At any time you may review or update personally identifiable information that we hold about you.

To obtain a copy of the information we hold about you, please contact us info@rebelcitytour.com.

After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

Removal of information

If you wish us to remove personally identifiable information from our record, you should contact us at info@rebelcitytour.com.

If you do so we have no alternative than to treat your request as notice to terminate this contract. If that happens, termination will accord with the provisions in this contract.

All provisions in this contract relating to termination, express and implied, will follow.

Verification of your identity

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

  1. Post termination
  1. Physical goods of yours, which we necessarily hold as part of our contractual relationship are not personal data and are not affected by the Act.
  2. Upon termination of our agreement with you, we and any contractual data processor will:
    1. delete all your personal data from our electronic records by some method which prevents future re-activation of that data.
  3. We shall not destroy or delete all your data and retain such personal data for six years, for these reasons:
    1. for accounting and taxation purposes;
    2. to provide evidence if required in connection with a legal claim;
    3. for any other reason where the law provides a six years limitation period;
  4. If any event occurs which requires us lawfully to continue to retain data beyond that period, then we may do so.

Explanatory notes:

Tour operator: terms and conditions

General notes

  1. This is a comprehensive template suitable for a wide range of tour operators. The range of tour and holiday operations is vast. As a result, we do not promise that this template will cover the clothes you need for the Namibian desert or the food you will have to eat while you watch seals in Hudson’s Bay.
  2. About European Union (Package Travel and Linked Travel Arrangements) Regulations 2019 (the “Regulations”)

A package holiday comprises of a combination of different types of travel services. Tour operators offer all kinds of such combinations to travellers. The European Union (Package Travel and Linked Travel Arrangements) Regulations 2019 implements the EU Directive (EU) 2015/2302 in Ireland. The Regulations amend the Package Holidays and Travel Trade Act 1995 and is designed to protect the traveller from the moment he approaches the tour operator to enquire about the holiday packages to until after he returns from the holiday. To read about your responsibility as a tour operator, please go to the links below:

Travel

https://www.citizensinformation.ie/en/consumer_affairs/travel/package_holidays.html

  1. What you need to do to comply with the Regulations

The Regulations require that you must provide travellers with specific information before selling them a package. This information includes (but is not limited to):

  • the main characteristics of the package;
  • total price of the package;
  • name and details of the organiser; and
  • information on their cancellation policy.

We have drawn this agreement so far as applicable to include key information. You should edit these terms to include all information that will be part of your holiday package.

  1. What to give the traveller

When you have edited this document you will send it to your proposed client.

In addition, the law requires you to give him the “standard information forms” that intend to make travellers aware of the key protections they are being provided when buying a package holiday.

These standard information forms vary depending on how the package is sold.

The standard information forms are set out in the Schedules of the Regulations:

  1. Schedule 1 (Part A) – standard information form where you are able to use hyperlinks (e.g. you are selling on a website).
  2. Schedule 1 (Part B) – standard information form to be used when hyperlinks are not available or the package travel contract is to be concluded by telephone.

http://www.irishstatutebook.ie/eli/2019/si/105/made/en/print

There is no set procedure or format as to how you should provide it to the traveller. This is for you to decide. It could be in hard copy, soft format or through email.

Paragraph specific notes

Notes numbering refers to paragraph numbers.

  1. Definitions

You should first decide on the contents of the document, then return to check what definitions are needed and whether they really fit the text you have left in place.

We have used general terms “Holiday Services”. By all means edit these definitions to an expression and description which more precisely covers the scope of what travel services and arrangements you offer.

By all means use the find/replace function in your word processor to change them. If you do change a defined term, make sure it applies to every use of it in the document.

Remember too, that when a word or phrase is defined, the defined meaning capitalised, takes precedence over the common meaning of that word or phrase.

  1. The contract between us

This paragraph forms the basis of your agreement. It is always an important point of contract law to be specific about when the contract comes into existence. Both sides need to know when they are bound by it. It is particularly important in the travel industry because it must tie in with your statutory responsibilities for your clients.

  1. Your authority to book for others

It is important to make clear that the person booking is the legal agent for others in his/her party. If the words are not clear that this person is booking on behalf of others, then he/she will not be responsible for a breach of contract by any of those others.

  1. What is included in the price of a Holiday

This and the following paragraph are entirely up to you.

It is entirely up to you as to how you wish to present information to your clients. In this document, we have provided all that you require contractually. Here, we suggest that you could use a separate “information pack”. This is just one way to providing detailed information. Although this is not technically part of the contract, the Court will consider that it is, in the event of any complaint. You should therefore assume that what you say must be precisely true. The balance between advice and detailed specification depends on the importance of the item concerned. The more dangerous the event or expedition, the more important is your precise advise.

Edit according to reflect your actual procedures.

  1. What is NOT included

It is not legally required to provide list of items that are “Not included”. However, to avoid any confusion you can provide the list.

Edit or delete as you require.

  1. Holiday prices

The European Union (Package Travel and Linked Travel Arrangements) Regulations 2019 state that you can only increase price where this has been written into the travel contract.

The increase is only possible if that change is a consequence of one of the following specific reasons:

  • increase in transport costs due to changes in fuel prices or other power sources.
  • changes in taxes or fees on travel services imposed by third parties not involved in performance of the package, e.g. tourist taxes
  • exchange rates relevant to the package.

The law also requires that if you avail this right to increase the price then the travel contract must also allow for a price reduction if the same factors lead to cost reductions.

This is the law. Reg 11 of the European Union (Package Travel and Linked Travel Arrangements) Regulations 2019 http://www.irishstatutebook.ie/eli/2019/si/80/made/en/print

Therefore we have worded this paragraph in simple way by not allowing price increase nor any reduction.

We suggest that before you give price of a package do consider these factors and fix the price to an amount so that any fluctuation will not affect your business at large.

Otherwise you will become subject to raft of regulations and have to follow statutory procedure.

  1. Special request

This specifies how you cater to any special requests.

By all means edit or delete as you require.

  1. Minimum participants required for the Holiday

If applicable then edit to use. Otherwise delete it.

  1. Changing your booking

Edit as you require.

  1. Transferring your booking

This paragraph covers an option where the traveller can transfer his package to another traveller provided he gives a reasonable notice to you.

At least seven days is considered a reasonable period under the law. Reg 10 of the European Union (Package Travel and Linked Travel Arrangements) Regulations 2019. Accordingly we have set notice period at 10.2.

However, you can charge any cost incurred due to such transfer.

  1. Cancellation by you

The European Union (Package Travel and Linked Travel Arrangements) Regulations 2019 state that you can charge a cancellation fee that has been written into the travel contract and the traveller terminates a package any time before the start of the package.

Following this we have provided for cancellation fee depending on the time before departure date. You can edit freely.

The cancellation fee will be considered void if the booking is cancelled due to an uncontrollable event. Often referred to as “force majeure”. This is a difficult one to consider. Few examples given in recital 31 of the Directive include warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a 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 destination as agreed in the package travel contract.

This is the law. Regulation 13 of the European Union (Package Travel and Linked Travel Arrangements) Regulation 2019.

We have worded this paragraph for compliance.

Leave it as is.

  1. If we cancel your holiday or make changes

This paragraph gives options to your client in case you cancel or change travel arrangements.

Edit as you require.

  1. If you have a complaint

This is important. Leave as it is.

The law requires you to give this information to your traveller. When your internal complaint handling procedure is exhausted then you must tell your customers about using a mediation or arbitration platform. Your obligation is not to force the customer to use these means of dispute resolution but just to provide information. This is to encourage the customer to use ADR rather than litigating.

If you have voluntarily committed yourselves (to your trade association?) to use ADR then by all means provide the name, website and contact details of your selected ADR provider.

You may find more details at:

http://www.irishstatutebook.ie/eli/2015/si/500/made/en/print

Home
  1. Your financial protection

The Commission for Aviation Regulations requires all tour operators to be licensed and bonded in order to sell overseas travel services to consumers so they have financial security in case of insolvency of the organiser.

Keep it in place. For more information please go to:

https://www.aviationreg.ie/licensing/travel-trade-the-commissions-role.93.html

  1. Booking without flights

Keep this if your holiday services include travelling by coach, trains etc.

  1. Limitation on our liability

As you will be aware, the Regulations provide that you are responsible for every part of the holiday you provide, including all subcontracted arrangement like food at a particular restaurant or a camel ride in the desert. However, it is impossible for any regulation to specify exactly what is the cut-off point between what you provide and what a client does of his accord.

It follows that each case which comes to Court is taken on its own facts. If the claimant can show that it was you (including, of course, your representative) who arranged that event then you will be liable. It is therefore particularly important that every representative, including those who may make telephone contact during a holiday, is aware that he/she should avoid volunteering to make any arrangement on behalf of the client.

When it is obvious that client needs help for some reason, then of course your representative will have to provide that help. When that happens, your representative should make clear to the client that his/her help is provided for an arrangement which the client is making in his/her private capacity.

  1. Passport, visa and immigration requirements

We have no comment.

  1. Help we need from you

An optional provision to cover additional requirements that can be part of any holiday package.

Edit or remove as you require.

  1. Terms and conditions of third party

You will be aware that you are now responsible for the performance of every subcontract you might arrange, even if arranged informally “on the day”. This paragraph merely points out that additional terms and conditions might apply.

  1. Miscellaneous matters

A number of special points. Some are relevant to particular paragraphs in the document, some apply more generally. Some are included to strengthen your position generally. Do not delete unless you are quite positive of the legal effect of doing so.

Schedule 1- Privacy notice

Paragraph numbers refer to numbered paragraphs in the schedule.

Introduction

Leave these paragraphs in place unless there is a good reason to edit them or remove them. Each of these items has been carefully considered in the context of this document and has been included for a purpose.

  1. Definitions

Basic terms defined in the Act. We advise do not change.

  1. Data protection

A basic summary. We advise do not change.

  1. Personal information we may process

Data Protection Act 2018 (“Act”) only applies to personal data of an INDIVIDUAL through which he can be identified. Please note that passport details and other information related to your travelling is personal data and protected under the Act.

The purpose of this paragraph is to ensure your compliance with the Act by identifying all types of information your client will provide to you which can amount to personal data under the Act.

We have given you a structure and some examples. They are points for you to add more specific points too.

  1. The bases on which we process information about you

The Act allows a person or business to process personal data only if the purpose of processing is lawful under one of several permitted categories, called “bases” (singular is “basis” not “base”). Most commercial contracts, including this one, rely on the right of a party to process personal data on one or both of two particular legal bases. These are:

You have consented to a business processing your data; and / or

One or both of the parties would not be able to perform the contract unless that personal data was available.

Less commonly, some data may also be processed lawfully because the processor has a legal obligation to do so.

Where the data subject is a customer or client the most obvious basis of processing is certainly the “Contractual relationship”. That is to say there is a contractual obligation to carry out the service. Contract is the strongest basis for processing and the one that is most relevant for this agreement.

On the other hand, if you want to send marketing materials to your clients, then you will probably need to obtain consent from them. The easiest way to do this is to ask the client whether he or she would like to receive information about your services, and have him or her tick a box agreeing to this. If you want to be able to vary the reasons for contacting your clients, you will need a “preferences” page on your website or set up as part of your hard copy contract.

You must make sure that when you ask specifically for consent, you do so very clearly and precisely and do not assume you have consent for some additional purpose. Make sure that what the consent to is clear and separate to consent for any other purpose.

  1. Specific uses of information you provide to us

This section provides more information about specific use of information. The paragraphs within it are as much designed to reassure your client reading your policy than to aid compliance with the law.

  1. Management of your information

Under the Act, a data subject has a right to access information about him or her, and a right for that information to be kept up-to-date and only for as long as required.

You should leave these four paragraphs in place except to edit the blue text.

  1. Post termination

It is a requirement of the Act to tell data subjects for how long personal information will be kept. This paragraph is a catch-all if the information is not provided elsewhere.

Basic Irish law relating to limitation for bringing a claim, contract matters, tax and other areas often requires data to be retained for six years. You will be “safe” if you specify that period for commercial transactions.

End of notes

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