Table of contents
- 1. THE CONTRACT
- 2. FITNESS AND DISABLED PERSONS
- 3. PAYMENT AND CANCELATION
- 4. SUBSTITUTION
- 5. HOLIDAY PARTICIPATION
- 6. LUGGAGE TRANSFER
- 7. PRIVATE TRANSFERS
- 8. ALTERATION BY THE CONSUMER
- 9. ACCOMMODATION ON REQUEST
- 10. OTHER SPECIAL REQUESTS
- 11. ALTERATIONS BY THE COMPANY
- 12. INSURANCE
- 13. PRICE VARIATION
- 14. THE CONSUMER’S RESPONSIBILITIES
- 15. COMPLAINTS
- 16. LIABILITY
- 17. GOVERNING LAW JURISDICTION
In these Booking Terms and Conditions, the word “Company” means this person who provides goods and 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 Confirmation or any other person to whom you transfer a holiday which you have bought. The “Retailer” is the person who sells the holiday to you; he is not responsible for organising the accommodation or other parts of this holiday.
1. THE CONTRACT
(a) A contract shall arise when the Company has received its completed Booking Form together with a deposit or full payment for the holiday and has issued written confirmation of its acceptance to the Retailer.
(b) The terms of the contract are contained solely in this Booking form, the Company’s confirmation, The Company’s Brochure or other descriptive material and the itinerary issued by The Company.
(c) The Company reserves the right to terminate the contract with the Consumer if the behaviour or conduct of the Consumer or any person listed on his/her Booking Form 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, or that of the Company’s representatives, contractors, agents or employees and the cancellation charges as provided for in Clause 3 of this Booking Form are payable by the Consumer, whereas a result of the Consumer’s actions or this actions of any other person who is listed on his/her Booking Form, either or both of this following incidents occur:
- (i) there is a delay or diversion to the means of transportation the subject of this contract;
- (ii) this accommodation in which the Consumer is staying is damaged;
- (iii) the Consumer hereby agrees to indemnify the Company against any claim (including legal cost) made against the Company in relation to the occurrence of such incidents.
2. FITNESS AND DISABLED PERSONS
(a) Consumers are responsible for ensuring they have the appropriate fitness level to complete their vacation safely. The Company provides detailed stage length and rise and fall information on each product’s page. This information is representative and provided in good faith. If the consumer cannot follow the route designed and agreed upon between the offer and the booking process, any changes and/or additional costs incurred to complete the regular route will be at the consumer’s expense.
(b) It shall be the Consumer’s responsibility to disclose to The Company any physical or mental condition of a member of his party which may be relevant. The Company reserves the right to decline or provide a holiday for a disabled person, wherein the Company’s opinion that the holiday would be inconsistent with the unique needs of a disabled person.
3. PAYMENT AND CANCELATION
(a) Deposits: To secure a holiday, the Consumer must pay a non-refundable deposit equal to 20% of the holiday value for his/her party at the time of booking.
(b) Full Payment: The holiday must be paid for in full at least 60 days before the starting date of the holiday.
The Company shall have the option to cancel the holiday if it is not paid by that date. If the Company exercises, that option or the Consumer cancels the holiday (which cancellation must be notified in writing to the Company). In that case, the following cancellation charges are payable by the Consumer.
(c) Cancellation Policy: The following charges, expressed as a percentage of the holiday cost, will be made in case of cancellation.
- More than 60 days before starting date of the holiday – the deposit.
- More than 30 days before the holiday starts – 50% of holiday cost.
- 30 days before the holiday starts – 100% of the holiday cost.
All cancellation charges apply to each person covered by any booking. If one person due to sharing a room needs to cancel a trip, the other person will be charged a single room supplement.
- Vouchers can not be exchanged for cash.
- Once booked, the standard Terms & Conditions apply to the new booking.
(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, having first given the Company or the Retailer reasonable notice in writing of his intention to do so before the departure date (such notice shall not be less than 21 days before the date of departure). The transferee of this Consumer must sign a Booking Form and comply with any other requirements of the Company applicable to the holiday
(b) A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Company or Retailer for the payment of any balance due in respect of the holiday and for a substitution fee of €40.00 per person substituted, subject to a maximum of €120.00 per booking (or such other greater sum as may be authorised).
(c) In accordance with the terms of Clause 1 (a), 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 Company and for which the Company shall not be held liable. The transferor and transferee are both liable for these cancellation fees.
5. HOLIDAY PARTICIPATION
(a) The Consumer agrees to accept the authority and decisions of the Company’s employees, representatives, tour leaders and agents during the full duration of the holiday, starting at the first meeting of the first day and finishing at the last meeting point of the last day of the holiday. If, in the opinion of such persons, the health, level of fitness or conduct of a consumer at any time before or after departure appears likely to endanger the safe, comfortable or happy progress of a holiday, the consumer may be excluded from all or part of the holiday without refund or compensation.
In the case of ill health, the company may make such arrangements as it sees fit and recovers the costs from the client.
(b) If a consumer commits an illegal act, they may be excluded from the holiday, and the company shall cease to be responsible to/for them. Suppose you are affected by a condition, medical or otherwise. If that might affect you or other people’s enjoyment or active participation in the tour, you must advise us at the time of booking. No refund will be given for any unused services.
6. LUGGAGE TRANSFER
(a) For those who have booked the Luggage Transfer through Company, it is important to note that the booking includes one piece of luggage weighing no more than 20kg maximum per person (15 kg per person on the Le Puy Way).
A supplement fee applies for additional pieces of luggage and overweight bags.
The Consumer will inform the Company (at least 48 hours before your departure) via email of the request for adding extra bags, so the Company can charge the appropriate fee and inform the service provider.
An additional penalty of 20eur per day and per bag is chargeable when the transporter informs The Company of extra weight or additional bags.
To avoid this penalty, the Consumer will need to request to the Company (48 hours before the departure) via email of the addition of extra bags. The Company will calculate and apply the necessary fees accordingly.
Failure to notify of extra bags to be transferred can result in them not being transferred, and the Consumer would then be responsible for collecting the bag from where you left it.
(b) Bags must be left at reception by 8 am for collection.
You are responsible for identifying your bags for transfer with a luggage tag with your name and booking reference.
Consumers will attach a luggage tag with their name and booking reference to aid in the identification of each bag that needs to be transported. The Group Reference will also be essential for identifying the bag if travelling in a group.
Adding small bags or items attached to the luggage is not permitted. The luggage transfer providers and the Company will not take responsibility for such items.
If additional bags need to be transferred, you must notify the Company in advance to apply the appropriate charges. The transporter advised these additional bags to be collected. Failure to notify of extra bags to be transferred can result in them not being transferred, and you would then be responsible for collecting the bag from where you left it.
The Company cannot be responsible for the damage made by our luggage transfer providers that are: superficial or external, including wheels, zips and handles, or due to over-packing from water, rain or snow caused by fragile or perishable items inside. If you have travel or baggage insurance, you may be able to claim for damage or delay to your luggage.
7. PRIVATE TRANSFERS
(a) The consumer must be at the meeting point at the agreed time. No refund is allowed in case the Consumer or another passenger on whose behalf the Consumer placed the booking does not show up at an agreed place of the Transfer at the pick-up time nor within 15 minutes after such time (30 minutes if the agreed location for the Transfer is an airport).
(b) To reschedule a transfer, the Consumer must inform the Company at least 3 hours via the Assistance Phone line. Rescheduling will always be subject to the supplier’s availability. If the Consumer does not notify the Company (with at least 3 hours of notice). In that case, it will be taken as a cancellation of the transfer service and will not be refundable (as per cancellation policies). Rescheduling will always be subject to the supplier’s availability.
8. ALTERATION BY THE CONSUMER
No changes are permitted once the booking has been confirmed or if the first payment is made.
9. ACCOMMODATION ON REQUEST
Where the Consumer requests special accommodation after the Company has confirmed the booking, an additional administration charge of €30 will be payable by the Consumer. The Company shall also invoice any other costs directly engendered. The Company shall only be obliged to provide services by special requests where it specifically commits itself in writing. No liability shall attach to the Company for failure to comply with a special request that has not been confirmed in writing.
10. OTHER SPECIAL REQUESTS
The Consumer shall communicate special requests (e.g. ground floor accommodation, Seaview, etc.) in writing to the Company or Retailer at the time of booking. The Company shall use reasonable endeavours to fulfil such requests. The Company shall invoice any additional costs directly engendered. The Company shall only be obliged to provide services by special requests where it specifically commits itself in writing. No liability shall attach to the Company for failure to comply with a special request that has not been confirmed in writing.
11. ALTERATIONS BY THE COMPANY
(a) The Company reserves this 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 Company is obliged to curtail, alter, extend or cancel a holiday, the Consumer shall not be at liberty to maintain a compensation claim or otherwise for any loss arising as a consequence of the said curtailment alteration, extension or cancellation of the holiday.
(c) Unless differently stated in some walking holidays, a minimum number of persons sharing are always required to ensure the price of a holiday remains the same as is printed in our price panels, and a minimum number of bookings are required for any program of holidays. In its published information relating to that program, the Company’s obligation to provide that program shall be contingent upon receiving and maintaining that minimum number of bookings. If the Company does not receive the minimum number of bookings or, having received such a minimum number, has that number reduced because of cancellations or transfers by Consumers or otherwise, the Company shall be entitled to cancel or curtail this relevant program at any time up to 4 weeks before the departure date. The Consumer shall not be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Company shall notify the Consumer within seven days of any cancellation or curtailment necessitating the foregoing circumstances.
(d) If before the departure date, there is a cancellation, alteration, change or curtailment relating to a holiday, which results in more than 18 hours change in the time of departure, or a change of resort or in the type of accommodation offered or some other change which fundamentally alters the holiday, the Company shall, if practicable, offer a comparable alternative holiday, a lower grade holiday, with reimbursement of the price difference or a full refund to the Consumer of all monies paid. Unless within seven days of the issue of the offer of an alternative holiday it is accepted by the Consumer in writing, the Company shall assume that the Consumer has declined such offer and will be reimbursed.
(e) Where the Company alters the holiday as contemplated in subparagraph (d) of this clause, the Consumer shall be entitled to receive compensation by the scale set out in this subparagraph. No compensation shall be payable where the alteration is for the reasons referred to in sub-paragraphs (b) or (c) of this clause or where the Consumer accepts the alteration as provided for any in clause (d):
Departure date Compensation per person:
- Within 8 weeks €13
- Within 6 weeks €19
- Within 4 weeks €25
- Within 2 weeks €38
(f) In accordance with Clause 1(a), the Consumer should be aware that some suppliers, such as carriers, impose cancellation fees and apply restrictions that are not within the control of the Company and for which the Company shall not be held liable. In the Booking Form, the term “force majeure” means unusual and unforeseeable circumstances beyond the control of the Company, the Retailer or other suppliers of services, the consequence of which could not have been avoided even if all due care had been exercised or an event which the Company, the Retailer or the supplier of services even with all due care could not foresee or forestall, including Acts of God, Natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, civil commotion, the 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 Company or any other reason beyond the control of the Company.
(a) All customers must purchase travel insurance before the start of their trip contracted by the Company. It should cover the following (although the list is not exclusive): holiday cancellation, luggage loss and theft, personal and third-party injuries and repatriation.
(b) The Company does not, in any circumstances, take responsibility for the previously mentioned.
13. PRICE VARIATION
(a) All prices quoted are stated in Euros (€) and are based on exchange rates current and appropriate at the time of publication.
(b) The holiday price is subject to surcharges on the following items: government action and currency fluctuation. Even in this case, the Company absorbs an amount equivalent to 2% of the holiday price, excluding insurance premiums and any amendment charges. Only amounts over this 2% will be surcharged. Suppose this increases the holiday price by more than 10%. In that case, the customer will be entitled to cancel the holiday and receive a full refund of all the money paid except for any premium paid to the Company for holiday insurance and amendment charges. The right to cancel must be exercised within 14 days from the issue date printed on the invoice.
14. THE CONSUMER’S RESPONSIBILITIES
(a) The Consumer shall check all travel documentation immediately after it is furnished. If the Consumer considers any document is incorrect or has a query in relation to its contents, he shall forthwith notify the Retailer or the Company of his concern, and the Company shall respond as soon as possible.
(b) The Consumer is solely responsible for ensuring that he presents himself at all the meeting points of his/her holiday mentioned in the travel documentation provided to him/her by the Company. If the Consumer arrives after the departing time stipulated in the travel documentation supplied to the Consumer. In that case, the Company 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 the regulation of carriers and executive authority concerning the weight, type and contents of baggage that he may take on board the craft and/or vehicles that will be used in connection with the holidays. The Consumer shall be responsible for ascertaining any limitations which apply in this regard and shall not present himself at the port of embarkation with any prohibited item in his luggage or on his person or with items that exceed weight or dimension restrictions applicably.
(d) This Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Company’s staff or any crew member of a carrier’s craft or vehicle used in connection with the holiday and hereby agrees to indemnify the Company 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 the Consumer’s responsibility to ensure they are eligible to travel from their country of origin to the destination they have booked with the Company.
As eligibility to travel is beyond the Company’s control, the Company accepts no responsibility for ineligibility to travel now or in the future.
The Company shall not be liable for any physical injuries, casualties, loss or damage caused by any events beyond the actual control of the company. The Customer hereby agrees to follow at their own risk any of the recommendations given by The Company, checking that the bicycle and any accessories assigned to customers are in proper working condition and customers agree to return it in that same condition or to compensate the Company with the funds required to restore the bicycle to its initial state. Furthermore, customers agree not to hold the company responsible for injury or death resulting from accidents.
(a) Without prejudice to the Consumer’s rights, if the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Company’s representative at the location where the Consumer is when the complaint arises and shall, if the Company requires it, complete a form setting out the detail of this Consumer’s complaint. If the Consumer fails to comply with such requirements. In that case, the Company shall be entitled to recover the cost from the Consumer of any additional expenses incurred by it in the subsequent investigation of an unjustified complaint.
(b) The Consumer shall be obliged to notify the Company 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 earlier. The Company can be contacted at GreenLife Tours Ltd., GEC, Taylors Lane, Dublin 8, Ireland
The Company 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 Company or Retailer acting on the Companies behalf nor to that of another supplier of services:
(a) the failures which occur in the performance of the contract are attributable to the Consumer;
(b) such failures are attributable to any third parties unconnected with the provision of the services contracted for, with whom the customer makes individual direct arrangements, whether as a result of the Company’s or its representative’s recommendation and are unforeseeable or unavoidable; or
(c) such failures are due to the following:
i) unusual and unforeseeable circumstances beyond the control of the Company, the Retailer acting on his behalf or other suppliers of services, the consequences of which could not have been avoided even if all due care had been exercised; or
ii) an event in which the Company, the Retailer acting on his behalf or the supplier of 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 Company, 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 purchase to the adult concerned and in the case of a minor, an amount equal to the inclusive price of the purchase to this minor concerned. The Company’s 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.
(d) The customer must appreciate that in certain countries, services in hotels, on tour and in restaurants cannot be expected to be of the same standard as those in Ireland and the UK, and the term “reasonable standard” must be interpreted accordingly.
17. GOVERNING LAW JURISDICTION
This contract shall be governed by and interpreted in accordance with the laws of Ireland. Any dispute arising out of or in connection with this contract shall be subject to the jurisdiction of the Irish Courts.