Terms and Conditions

Travelnet.ie the property of J Barter International incorporated in Ireland under Registration Number 100308.

You can book a Travelnet Package Holiday, a Third Party Tour Operator Package Holiday, or have the option of choosing and building your own holiday or just simply booking cars or hotels or flights or cruise or attractions solely. Our terms and conditions are dependent on what choices you make and conditions vary based on what has been booked. The following details the different types of products available and the applicable terms and conditions:

OPTION 1: SINGLE TRAVEL COMPONENT

1. Our booking terms & conditions for flight only
2. Our booking terms & conditions for Accommodation only
3. Our booking terms & conditions for cruise only
4. Our booking terms & conditions for car hire only
5. Our booking terms & conditions for attractions only

OPTION 2: BUILD YOUR OWN SELECTED HOLIDAY

OPTION 3: TRAVELNET PACKAGE HOLIDAY

OPTION 4: PURCHASE A PACKAGE HOLIDAY CREATED BY A THIRD PARTY TOUR OPERATOR

OPTION 5: NEW DISPUTE RESOLUTION FOR ONLINE TRADERS

PLEASE SEE IMPORTANT NOTES FOR ALL TRAVELLERS BELOW

OPTION 1: SINGLE TRAVEL COMPONENT

When you purchase a single travel component from Travelnet’s inventory of flights/hotel accommodation and/ or self-catering accommodation and/or car hire services each travel service component has its own independent price. This is not a Travelnet Package and it is NOT protected under the Package Holidays and Travel Trade Act, 1995 and Travelnet is NOT LIABLE to you as an Organiser for the purposes of the Package Holidays Act, 1995. Each single travel service component has its own terms and conditions which apply to the purchase of the relevant travel service component, please see the terms and conditions applicable to the relevant travel service component below.

1(a) BOOKING TERMS & CONDITIONS FOR FLIGHTS ONLY

IMPORTANT NOTICE: The Package Holidays and Travel Trade Act, 1995 does not apply to this single travel service component [please see Introduction above]

1. Contract: Travelnet is selling the tickets as agents for the airlines, which means the contract for the flight will be between you and the airline. Please note that for each ticket there are additional terms which are specific to that fare. Most instant purchase tickets and many non-instant purchase tickets once issued are non refundable when cancelled. You are responsible for complying with any airline’s terms in relation to check-in times, reconfirmation of flights or other matters. In relation to flight tickets, you are required to use all flight coupons in order of sequence; if this requirement is not met the airline may void the ticket.

2. The Conditions of Your Ticket: When you travel by air, your journey may be subject to certain international conventions such as the 1929 Warsaw Convention and 1975 & 1999 Montréal Convention. You agree that the transport supplier’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of these terms and conditions form part of your contract with us as well as with the transport company. A copy of any airline’s terms and conditions are available on request.

By asking us to confirm your booking, you are accepting that the terms of this agreement (and the conditions of any contract made with any airline) apply to your booking and the air travel you have booked. We will tell you the identity of your air carrier at the time of booking and if it is not known at that time, or subsequently changes, you will be informed as soon as possible either by us or your airline no later than at check-in for your flight (or boarding if it is a connecting flight without check-in).

3. Reservations: Be aware that certain airlines do not maintain “real time” seat availability in the airline reservations system to which we connect. Whilst every effort is made to reflect the true situation, instances may occur when airlines cancel sales. Travelnet will advise you if this is the case and will endeavour to reinstate your booking.

4. Tickets: If it is not possible to get your flight tickets to you (e.g. because your travel date is imminent) we may insist that you have an “e-ticket” or a TOD (ticket on departure) generated. A TOD is when you will have to pick up your ticket at your point of departure. We will ensure you know exactly where to pick up your tickets. Where an airline provides e-ticketing on a specific route this will be the only ticketing option made available. Electronic tickets are stored in the airline’s computer rather than printed on paper. The service is similar to the traditional paper ticket process but eliminates the time and hassle associated with purchasing or exchanging a paper ticket.

When you arrive at the airline check in desk you will be required to present an official form of identification (i.e. passport) to receive your boarding pass. Please note that you must print out your confirmation page or confirmation email to show to the airline. Because your e-ticket is held in the airline’s computer, you cannot forget it or lose it. More importantly, your e-ticket cannot be stolen, saving you the cost of a replacement ticket. You do not have to wait for your e-ticket to be delivered to you.

5. Flight Reconfirmation: All onward and return flights must be reconfirmed with the relevant airlines at least 72 hours prior to the commencement of that leg of the journey unless specifically informed otherwise by that airline. Travelnet accepts no responsibility for bookings cancelled due to non compliance with rules set by that particular airline. Travelnet also take no responsibility for any flight rescheduling en route.

6. Limitation of Liability: As Travelnet acts as agent this will mean that it will have no contractual liability to you in respect of the operation of the flight. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of your airline or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the airline who provided such service and that we will be under no liability at all (whether in contract, tort or otherwise).

Without prejudice to the foregoing, in the event that we are found liable on any basis whatsoever in relation to your booking our maximum liability to you, if Travelnet is found to have been at fault in relation to any service that Travelnet provided (as opposed to any service provided by the airline for whom Travelnet is not responsible) is limited to the cost of the flight in question. We do not exclude or limit liability for death or personal injury that arises as a result of our negligent act or omission or our employees whilst acting in the course of their employment. We shall not be liable for any indirect, special or consequential loss, including economic loss, which term shall include loss of profits, business, revenue, and goodwill or anticipated savings.

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1(b) BOOKING TERMS & CONDITIONS FOR ACCOMMODATION ONLY

IMPORTANT NOTICE: The Package Holidays and Travel Trade Act, 1995 does not apply to this single travel service component [please see Introduction above]

1. Legal Capacity: When you book accommodation through us you are entering into a contract with the Accommodation Supplier who has their own standard terms and conditions which will apply to your contract with them. A copy of any accommodation provider’s terms and conditions are available on request. By asking us to confirm your booking, you are accepting that the terms of this agreement (and the conditions of any contract made with your suppliers) apply to your booking and the accommodation you have booked.

2. Prices & Fees: Prices stated are on per room per night basis unless otherwise stated. Resort fees, extra bedding such as cots and rollaway beds are payable locally in some hotels but can be requested through us. Unless otherwise stated, breakfast, lunch and dinner are not included. The Star ratings and standard of Hotels may differ according to the country where the hotel is located (eg 4 star rated Hotel in Tunisia would not necessary be of the same standard as a 4 star rated hotel in Ireland) and this is completely outside of our control. All prices advertised are accurate at the date and time published, but we reserve the right to change any of those prices from time to time. Prices can go up or down. We will be able to tell you the up-to-date price of your chosen accommodation before confirming your booking.

3. Photographs of Rooms: Please be aware that the hotel room photos are only a depiction of the type of rooms on offer and may not represent the actual room provided.

4. Modifications/Cancellations:

1. If you wish to cancel your hotel room, please contact our Operations Department on 353 21 4851700, or alternatively by email to operations@travelnet.ie It is essential to include your booking reference number, email address and details of your cancellation. In the event of cancellation for whatever reason you shall be liable to pay Travelnet the relevant administration fee per person. This could be in addition to any cancellation charges & local taxes which your accommodation provider may impose.
2. Your accommodation provider may reserve the right in its terms and conditions to cancel your booking or to make amendments to the details of your booking. When this happens, Travelnet will make sure that you are notified as soon as practicable after your accommodation provider has made us aware of the cancellation or any significant changes, however we do not accept any liability for the changes or costs incurred as a consequence thereof.

5. Force Majeure: We will not be liable for any changes, cancellation, effect on your booking, loss or damage suffered by you or for any failure by your accommodation provider and/ or us to perform or properly perform any of our respective obligations to you if the failure to perform or the improper performance is due to any event(s) or circumstance(s) caused by force majeure.

By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural disaster or catastrophe or other causes that seriously affect both parties and in particular the place where the accommodation provider is located as well as our country of origin and other unforeseeable causes beyond our control.

6. Complaints or issues with your accommodation: In the unlikely event that you have reason to complain or experience any problems with your accommodation please inform the accommodation reception staff or management immediately, to enable them to take appropriate action. Should you not be satisfied with the offered solutions, please contact our Operations Department, whilst you are at the accommodation, and we will offer all reasonable assistance. It is essential that this action is taken during the period of stay at the accommodation.

7. Limitation of Liability: Nothing shall be construed herein as a representation on the part of Travelnet about the suitability of the accommodation offered for sale through Travelnet and the inclusion or offering for sale of any accommodation by us does not constitute an express or implied endorsement or recommendation by Travelnet of such accommodation products or services. Travelnet does not guarantee the accuracy of, and disclaims liability for any inaccuracies relating to, the accommodation services offered for sale through us.

Travelnet undertakes no responsibility for and is not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any of the accommodation providers who sell their products and services through us. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of an accommodation provider or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the independent third party who provided such service and that we will be under no liability at all (whether in contract, tort or otherwise howsoever). Without prejudice to the foregoing, in the event that we are found liable on any basis whatsoever in relation to your accommodation booking our maximum liability to you, if Travelnet is found to have been at fault in relation to any service that Travelnet provided (as opposed to any service provided by the accommodation provider for whom Travelnet is not responsible) is limited to the cost of the accommodation in question.

We do not exclude or limit liability for death or personal injury that arises as a result of our negligent act or omission or our employees whilst acting in the course of their employment. We shall not be liable for any indirect, special or consequential loss, including economic loss, which term shall include loss of profits, business, revenue, and goodwill or anticipated savings.

8. Indemnification: You will at all times save us harmless and keep us fully indemnified from and against any actions, claims, proceedings, losses, costs, expenses and demands (including costs and expenses in defending such matter and its proper compromise) arising directly or indirectly out of or incidental to or in connection with any breach by you or by any of the people you booked on behalf of, of any of the provisions of these terms & conditions.

When you book accommodation through us, you accept responsibility for the proper conduct of yourself and the other people on your booking during your stay. We and/ or the accommodation provider reserves the right at any time to terminate your stay and that of any member of your party due to your or their misconduct, where justified in our reasonable opinion and/or the accommodation provider. Full cancellation charges will apply and no refund will be given. Furthermore, neither we, nor the accommodation provider shall be under any obligation whatsoever to pay compensation or meet any costs or expenses you may incur as a result of your stay being terminated.

If your actions or those of any member of your party cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider for the cost of the damage before you end your stay. You also agree to indemnify us against any claim (including legal costs) made against us as a result.

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1(c) BOOKING TERMS & CONDITIONS FOR CRUISE ONLY

IMPORTANT NOTICE: The Package Holidays and Travel Trade Act, 1995 does not apply to this single travel service component [please see Introduction above]

1. Contract: Travelnet is selling the tickets as agents for the cruise line company, which means the contract for the cruise will be between you and the cruise line company. Please note that each cruise line company has its own booking terms and conditions which you will be required to accept.

2. Cancellation / Amendments: If you need to change or cancel your travel plans it is your responsibility to notify Travelnet in writing of such request. Most cruise line companies apply 100% cancellation charges

3. Limitation of Liability: As Travelnet acts as agent this will mean that it will have no contractual liability to you in respect of the operation of the cruise. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of your cruise line company or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the cruise line company who provided such service and that we will be under no liability at all (whether in contract, tort or otherwise). Without prejudice to the foregoing, in the event that we are found liable on any basis whatsoever in relation to your booking our maximum liability to you, if Travelnet is found to have been at fault in relation to any service that Travelnet provided (as opposed to any service provided by the cruise line company for whom Travelnet is not responsible) is limited to the cost of the cruise in question. We do not exclude or limit liability for death or personal injury that arises as a result of our negligent act or omission or our employees whilst acting in the course of their employment. We shall not be liable for any indirect, special or consequential loss, including economic loss, which term shall include loss of profits, business, revenue, and goodwill or anticipated savings.

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1(d) BOOKING TERMS & CONDITIONS FOR CAR HIRE ONLY

IMPORTANT NOTICE: The Package Holidays and Travel Trade Act, 1995 does not apply to this single travel service component [please see Introduction above]

1. Legal Capacity: When you book car hire through us you are entering into a contract with the car hire company who have their own standard terms and conditions which will apply to your contract with them. Copies of any car hire company’s terms and conditions are available on request. By asking us to confirm your booking, you are accepting that the terms of this agreement (and the conditions of any contract made with your suppliers) apply to your booking and the car hire arrangements you have booked.

Contract: Travelnet is selling the tickets as agents for the car hire company, which means the contract for the car hire will be between you and the car hire company. Please note that each car hire company has its own booking terms and conditions which you will be required to accept.

2. Information regarding documentation required hiring a car: You must have the pre-paid car hire voucher to collect their rental vehicle. This will be emailed to you once payment has been received. Drivers must produce a full driving license written in the English Alphabet and held for at least two years. Our reservations staff should be informed at the time of booking of any endorsements on the driver's license as in some cases; hire will not be possible with certain types of endorsements. No refunds will be given for rentals aborted due to non-production of any driving license or non- disclosed endorsements. Faxed or photocopied licenses are not acceptable.

Non EU licence holders should check with the embassy of the particular country they are travelling to as some may require the driver to have an International Driving Permit or other special documentation. US and Canadian licence holders cannot rent vehicles in the US and Canada. Clients must also hold a valid Credit Card to cover any possible excess’s due. Travelnet does not accept any responsibility if you should be denied car hire due to non-fulfilment of the above.

3. Cancellation/ Amendments: If you need to change or cancel your travel plans it is your responsibility to notify Travelnet in writing of such request. Most car hire companies apply cancellation charges.

4. Limitation of Liability: As Travelnet acts as agent this will mean that it will have no contractual liability to you in respect of the operation of the car hire. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of your car hire company or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the car hire company who provided such service and that we will be under no liability at all (whether in contract, tort or otherwise).

Without prejudice to the foregoing, in the event that we are found liable on any basis whatsoever in relation to your booking our maximum liability to you, if Travelnet is found to have been at fault in relation to any service that Travelnet provided (as opposed to any service provided by the car hire company for whom Travelnet is not responsible) is limited to the cost of the car hire in question. We do not exclude or limit liability for death or personal injury that arises as a result of our negligent act or omission or our employees whilst acting in the course of their employment. We shall not be liable for any indirect, special or consequential loss, including economic loss, which term shall include loss of profits, business, revenue, and goodwill or anticipated savings.

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1(e) BOOKING TERMS & CONDITIONS FOR ACTIVITIES & ATTRACTIONS ONLY

IMPORTANT NOTICE: The Package Holidays and Travel Trade Act, 1995 does not apply to this single travel service component [please see Introduction above]

1. Legal Capacity: When you book activities, attraction tickets through us you are entering into a contract with the activities / Attraction Company who have their own standard terms and conditions which will apply to your contract with them. Copies of any activities / attraction company’s terms and conditions are available on request. By asking us to confirm you’re booking, you are accepting that the terms of this agreement (and the conditions of any contract made with your suppliers) apply to your booking and the activities / attraction arrangements you have booked.

Contract: Travelnet is selling the tickets as agents for the activities / Attraction Company, which mean the contract for the activities / attraction, will be between you and the activities / Attraction Company. Please note that each activities / attraction company has its own booking terms and conditions which you will be required to accept.

2. Cancellation/ Amendments: If you need to change or cancel your travel plans it is your responsibility to notify Travelnet in writing of such request. Most activities / attraction companies apply cancellation charges

3. Limitation of Liability: As Travelnet acts as agent this will mean that it will have no contractual liability to you in respect of the operation of the activities / attraction. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of your activities / attraction company or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the activities / attraction company who provided such service and that we will be under no liability at all (whether in contract, tort or otherwise).

Without prejudice to the foregoing, in the event that we are found liable on any basis whatsoever in relation to your booking our maximum liability to you, if Travelnet is found to have been at fault in relation to any service that Travelnet provided (as opposed to any service provided by the car hire company for whom Travelnet is not responsible) is limited to the cost of the activity or attraction in question. We do not exclude or limit liability for death or personal injury that arises as a result of our negligent act or omission or our employees whilst acting in the course of their employment.

We shall not be liable for any indirect, special or consequential loss, including economic loss, which term shall include loss of profits, business, revenue, and goodwill or anticipated savings.

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OPTION 2: BUILD YOUR OWN SELECTED HOLIDAY

Instead of purchasing a Travelnet Package, it is open to you to “Build your Own Selected Holiday” by choosing, assembling and putting together any individual travel service components which you wish to purchase from Travelnet’s inventory of flights/hotel accommodation and/ or self-catering accommodation and/or car hire services and/or activities and attractions. Each travel service component has its own independent price. Whether you select one travel service component or a number of travel service components, the price of each individual travel service component remains unchanged.

When you select a number of travel service components you will pay an aggregate, total price, being the sum total of the prices of any individual travel service components you are buying. With “Build your Own Selected Holiday’ you are at liberty to put in or take out any travel service component and will only be charged for what you book. This is not a Travelnet Package and it is NOT protected under the Package Holidays and Travel Trade Act, 1995 and Travelnet is NOT LIABLE to you as an Organiser for the purposes of the Package Holidays Act, 1995. Each single travel service component has its own terms and conditions which apply to the purchase of the relevant travel service component, please see the terms and conditions applicable to the relevant travel service component above.

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OPTION 3: TRAVELNET PACKAGE HOLIDAY

When you purchase a Travelnet Package Holiday which is a combination of flights and hotel accommodation and/or self-catering accommodation and/or car hire services and/or activities and attractions at an inclusive price the protections provided to consumers under the Package Holidays and Travel Trade Act, 1995, such as your monies benefiting from the security afforded by our bond and our liabilities to you as the Organiser of your holiday for the purposes of the Package Holidays and Travel Trade Act, 1995, are applicable to your Travelnet Package Holiday. Please see our Travelnet Package Holiday terms and conditions below.

TERMS & CONDITIONS “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 which you have bought. “Organiser” means Travelnet.

1. CONTRACT: These booking conditions and the contents of our Brochure and/or website together with any airline or sailing tickets issued contain the total of the conditions applicable to your package. No contract shall arise until we the Organiser has

1. received a deposit or full payment for the holiday; and
2. has issued written confirmation of its acceptance to the Retailer as the agent of the Organiser or to the Consumer. Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old and possess the legal capacity and authority to book as the lead name and travel on holidays with us and take up the offers advertised by us if they are still available.

2. PERSONS WITH SPECIAL NEEDS: It shall be the Consumer’s responsibility to disclose, prior to booking, to the Organiser any physical or mental condition of a member of his party which may be relevant. 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 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 the special needs of that person.

3. PAYMENT AND CANCELLATION POLICIES: Deposits Because of the ever changing nature of airfare structures and the increasing availability of instant purchase air fares our deposits will vary from booking to booking. For example if you accept an instant purchase fare, such as aerlingus.com, at the time of booking this must be paid in full [together with your travel insurance] in addition to the normal Travelnet deposit of €200.00 per person. Holidays involving Cruises, Coach Tours, Train Tours, Holiday Homes and Published Airfares and/or any other outside supplied product will also involve the payment of the deposit required by the 3rd party supplier; this additional deposit will be confirmed and collected at the time of booking.

Cancellation Policy: If you do not pay for the package in full at least ten weeks before the scheduled date of departure we shall have the option of cancelling the holiday or if you notify us in writing that you wish to cancel the holiday certain, specific charges are payable by you the Consumer in both cases.

These charges apply to the total cost of the package as follows:

Period Before Departure Cancellation Fee Per Person

70 Days or more Loss of deposit

69 - 45 Days 50% of total cost

44 -31 Days 75% of total cost

30 Days or less and After Departure 100% of total cost

All cancellation charges apply to each person covered by the booking. Cancellation of cruise bookings incurs charges in addition to the above.

Payment (for Cruise holidays): If you do not pay in full at least 10 weeks before the scheduled departure we shall have the option of cancelling the cruise holiday or if you notify us in writing that you wish to cancel the holiday, certain, specific charges are payable by you the Consumer. These charges apply to the total cost of the package.

Cancellation for Non-Payment: If the holiday is not paid for by the due date, we the Organiser shall have the right to cancel the holiday. If the Organiser, at the request of the Consumer or Retailer, agrees to delay cancellation of the holiday, then if the Organiser subsequently cancels for non-Terms & Conditions payment, the cancellation charges set out above shall apply and be payable by the Consumer.

Instant Purchase/Ticketed Flights: Cancellation of holidays involving instant Purchase/ticketed flights once tickets have been issued will incur the above charges together with additional charges which may be levied by the airline, which in some cases can be up to 100% of the cost of the airfare.

4. PAYMENT AND CANCELLATION POLICY ON LINE BOOKINGS: Full payment is required at time of purchase for all on-line bookings and is non- refundable (i.e. 100% Cancellation Charge levied from time of booking).

5. SUBSTITUTION/TRANSFER: If you or any member of your party is prevented from proceeding you may transfer the booking to a person who satisfies all the conditions required to be satisfied by a person who takes the package provided you give a reasonable notice to us and pay our standard substitution/ transfer fee of €100.00 per person. It should be noted that on a transfer both the person who transfers and the transferee become jointly and severally

responsible for the full cost of the holiday.

In accordance with the provisions of Options 1 a/e of this booking form, you should be aware that some suppliers, such as carriers, impose cancellation fees and apply restrictions which are not within the control of the Organiser and for which the Organiser shall not be held liable. We will notify you of these as may be appropriate. The transferee must sign the booking form.

6. ALTERATION BY THE CONSUMER: If you the consumer merely wish to alter the package after acceptance, we will make every attempt to facilitate you. Like wise here -Any request for a change must be made in writing and accompanied by a payment of a non refundable administration fee of €50.00 per individual listed on the booking form. If we are able to make the appropriate adjustments on the holiday, we will adjust the price of the holiday, by either refunding you the difference between the original price and the revised price or requesting payment of an increased amount. Once travel has commenced, no changes or alterations may be made by the Consumer and no refunds shall be made in respect of flights or other travel arrangements, which are not availed of.

For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the ticket.

7. SPECIAL REQUESTS: Special requests (e.g ground floor accommodation, sea view etc.) shall be communicated by the Consumer in writing to the Organiser or Retailer at the time of making the booking. The Organiser shall use reasonable endeavours to fulfil such requests. The granting of such requests is the sole responsibility of the property manager. 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.

8. ALTERATIONS AND CANCELLATIONS BY THE ORGANISER:

1. Without prejudice to the Consumer’s statutory rights, the Organiser reserves the right to alter, change, curtail or cancel a holiday.
2. If as consequence of “force majeure” (as 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.
3. A minimum number of booking’s are required for a programme of holidays. The Organiser’s obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that minimum number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfers by the Consumers or the relevant programme at any time 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 curtailment or cancellation in these circumstances. The Organiser shall notify the Consumer within seven days of any cancellation or curtailment necessitated by the foregoing circumstances.
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5. If prior to 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 return, or in a change of resort, or in the type of accommodation offered, or some other change which fundamentally alters the holiday. The Consumer shall be entitled to withdraw from the contract without penalty or to accept the alteration to the contract.
6. The Consumer shall inform the Organiser or the Retailer (as appropriate, in the light of the Organiser’s instructions) of his decision to accept the alteration to the contact or to withdraw from the contract in writing within 7 days from the date upon which the Consumer was notified of a circumstance falling within Clause 8 (d) (i) above. Where the Consumer confirms acceptance of the alteration to the contract between the Organiser and the Consumer shall thereby be amended to include such alteration
7. Where the Consumer withdraws from the contract pursuant to Clause 8 (d) (i) or where the Organiser, for any reason other than the fault of the Consumer cancels the package prior to departure the Consumer is entitled (a) to take a replacement package or equivalent or superior quality if the Organiser (whether directly or through a Retailer) is able to offer such a replacement, as may be offered by the Organiser: or (b) to take a package of lower quality if the Organiser is able to offer such a replacement and to recover from the Organiser, the difference in price between that of the package purchased and the replacement package as may be offered by the Organiser: or (c) to have repaid as soon as possible all the monies paid under the contract.
8. In the event that the offer of an alternative holiday is not accepted by the Consumer, in writing, within such time as shall be determined by the Organiser from the date of the offer of the alternative holiday the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of payments made.
9. Further, where the Organiser cancels, alters, changes or curtails the holiday as contemplated in clause 8 (d) (i) the Consumer shall be entitled to receive compensation in accordance with the scale set out in this sub-paragraph:- No compensation shall be payable where the alteration is for the reasons referred to in clause 8 (b) or 8 (c) or where the Consumer accepts the alteration as provided for in clause 8 (d) (i)

Date Compensation per person:

Within 8 weeks €20

Within 6 weeks €25

Within 4 weeks €30

Within 2 weeks €40

f.  In this booking form, the term, “force majeure” means unusual or unforeseeablecircumstances beyond the control of the Organiser, the Retailer or other suppliers 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 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 or war, 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.

9. INSURANCE , THE CONSUMER’S ATTENTION IS DRAWN TO THE EXCLUSION CLAUSES & EXCESSES IN THE INSURANCE POLICY ARRANGED BY THE ORGANISER:  It is a condition of this contract that the Consumer is covered either by the travel insurance scheme arranged by the Organiser or covered by another travel insurance scheme which furnishes the Consumer with at least the same level of cover as that afforded by the travel scheme arranged by the Organiser. 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 for the Consumer the Organiser is acting as the agent of the relevant insurer and shall not be responsible to the Consumer for any default by the insurer 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.

10. PRICE VARIATIONS: All prices quoted are stated in Euro and are based on tariffs and exchange rates current and appropriate at the time of publication. If any of these vary the cost of the holiday may increase accordingly. Any such increase must be paid by the Consumer. During the period of twenty days prior to departure date, the price specified in the contract shall not be increased by the Organiser. The circumstances in which the price may be varied shall only be to allow for changes in:

1. transport cost, including the cost of fuel
2. dues, taxes or fees chargeable for services such as landing taxes or
3. embarkation or disembarkation fees at ports and airports.
4. exchange rate fluctuations.

11. YOU THE CONSUMER: You must check all travel documentation immediately it is furnished to you. If it is incorrect or you have a query you must notify us. If you have any other queries or complaints in relation to the package you must immediately inform our representative at the location where the incident arises and if asked set out in writing details of your complaint. If it is not possible to do so whilst on location you must notify us of any complaint not later than twenty eight days after your return.

It is your responsibility for ensuring that you and your party are at the pint of departure in sufficient time to complete all embarkation requirements prior to departure. It is expected of you and your party that you will abide by all instructions and/ or directions given by a member of our staff or other person in authority or any crew member of a carriers craft or vehicle used in connection with the package. We are only responsible for those matters with which we are connected. We are not responsible for your actions or for a third party’s action or inaction. It is also the sole responsibility of the Consumer to ensure that you are in possession of all travel documentation i.e. passports, visas (where relevant) and that same are in order.

The Consumer hereby agrees to indemnify the Organiser for any costs incurred by the Organiser as a consequence of the Consumer being denied transportation or entry as a consequence of the Consumer failing to have their travel documentation or same not being in order. The Organiser reserves the right to terminate the contract with the Consumer if the behaviour or conduct of the Consumer either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in his company or that of the Consumer himself, the Organiser, or that of the Organiser’s representatives contractors, agents or employees and the cancellation charges as provided for in Clause 3 of this Booking Form 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 occur:

1. there is a delay or diversion to the means of transportation the subject of this contract;
2. the accommodation in which the Consumer is staying 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.

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.

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

12. LIMITATION OF 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 improper performance is due neither to any fault of the Organiser or Retailer acting on the Organiser’s behalf nor that of another supplier of services because:

1. failure which occurs in the performance of the contract is attributable to the Consumer
2. such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable: or-
3. such failures are due to

(i) unusual and unforeseeable circumstances beyond the control of 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 the Consumer will be limited to, in the case of an adult an amount equal double the inclusive price of the holiday to the adult concerned and in the case of a minor an amount equal to the inclusive price of the holiday to the minor concerned. The Organisers liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of in the place of where they are performed or due to be performed, even if that convention has not been ratified or applied in the Republic of Ireland.

For international transport by air the provisions of the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1995 and by any of the additional Montréal Protocol of 1975) or the Montréal Convention 1999 relating to the carriage of passengers and their luggage by air may apply, throughout the flight and during boarding and disembarkation. For international transport by water the provisions of the Athens Convention relating to the Carriage of Passengers and their luggage by sea, 1974 (and any amendment thereto) may apply. In respect of rail travel, the Berne Convention 1961, in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962 may apply. For the avoidance of doubt, this means that the Organiser is to be regarded as having all benefits of any limitations of liability contained in any of these conventions or any other international conventions applicable to the Consumer’s holiday.

This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montréal Convention. Compensation in the case of death or injury there are no financial limits to the liability for passenger injury or death. For damages up to 100,000 Special Drawing Rights (“SDRs”) (approximately €125,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately €19,300).

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 4,150 SDRs (approximately €5,000).

Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs (approximately €1,200)

Destruction loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately €1,200). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is only liable only if at fault.

Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at check-in and by paying a supplementary fee.

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

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

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

Basis for the information: The basis for the rules described above is the Montréal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 89/2002) and national legislation of the member states).

A copy of the conditions of carriage applicable to the holiday and the Convention referred to above can be supplied on request.-In the event of any liability on the part of the Organiser for injury, illness or death, no payment will be made unless the following conditions are complied with:

1. 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;
2. the Consumer must transfer any rights that the Consumer has, in respect of such injury, illness or death against any person to the Organiser;
3. the Consumer must co-operate fully with the Organiser to enable the Organiser or its insurers to enforce such rights.

OPTION 4: PURCHASING A PACKAGE HOLIDAY CREATED BY A THIRD PARTY TOUR OPERATOR

When you purchase a package holiday created by a Third Party Tour Operator, the Third Party Tour Operator is providing the package and it is the Third Party Supplier who is liable for the proper performance of all the elements of the package which they have organised. It is the Third Party Tour Operator who is liable to you as an Organiser for the purposes of the Package Holidays Act, 1995 and Travelnet has no liability to you in this regard. Each Third Party Tour Operator has its own terms and conditions which apply to their package holidays and details will be made available to you during the course of booking a package with the Third Party Tour Operator through this Website.

OPTION 5: NEW DISPUTE RESOLUTION FOR ONLINE TRADERS

If you are unhappy with the products or services you have received from us please email us at info@travelnet.ie. You can also submit your complaint to an online dispute resolution process operated by the European Commission by clicking on this link.

PLEASE SEE IMPORTANT NOTES FOR ALL TRAVELLERS BELOW

Passports/Visas/Health Requirements:

Travelnet is very happy to inform you of current documentation requirements if you so require. It is incumbent upon you to ensure that you meet the passport, visa, health requirements of the countries you wish to visit and those that you transit (even if it is for a plane change). Many countries require that your passport should be valid for a period of (a minimum) six months from the date of arrival into that country. When booking any of the Holiday Products above, it is the Consumers responsibility to provide the name of the person travelling is the same name as per their Passport. Travelnet does not accept any responsibility if you should be denied boarding or deported due to non-fulfilment of the above.

You must check all travel documentation immediately it is furnished to you. If it is incorrect or you have a query you must notify us. If you have any other queries or complaints in relation to the package you must immediately inform our representative at the location where the incident arises and if asked set out in writing details of your complaint. If it is not possible to do so whilst on location you must notify us of any complaint not later than twenty eight days after your return.

It is your responsibility for ensuring that you and your party are at the point of departure in sufficient time to complete all embarkation requirements prior to departure. It is expected of you and your party that you will abide by all instructions and/ or directions given by a member of our staff or other person in authority or any crew member of a carriers craft or vehicle used in connection with the package. We are only responsible for those matters with which we are connected. We are not responsible for your actions or for a third party’s action or inaction. It is also the sole responsibility of the Consumer to ensure that you are in possession of all travel documentation i.e. passports, visas (where relevant) and that same are in order.

INSURANCE , THE CONSUMER’S ATTENTION IS DRAWN TO THE EXCLUSION CLAUSES & EXCESSES IN THE INSURANCE POLICY ARRANGED BY THE ORGANISER: It is a condition of this contract that the Consumer is covered either by the travel insurance scheme arranged by the Organiser or covered by another travel insurance scheme which furnishes the Consumer with at least the same level of cover as that afforded by the travel scheme arranged by the Organiser. 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 for the Consumer the Organiser is acting as the agent of the relevant insurer and shall not be responsible to the Consumer for any default by the insurer 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.

Website Terms of Use

Thank you for visiting Travelnet.ie. Please read the following information carefully as the following terms and conditions will apply to your use of the Website. To find the terms and conditions which relate specifically to your travel arrangements please view our general Terms & Conditions.

THIS SECTION APPLIES TO YOUR USE OF THIS WEBSITE AND ALL THE SERVICES PURCHASED BY YOU

This Site is owned and operated by Joseph Barter International Ltd trading as WWW.TRAVELNET.IE.

Your use of this site is expressly conditioned on your acceptance of the terms and conditions contained herein. By using this site, you are confirming your consent to and acceptance of these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site. WWW.TRAVELNET.IE reserves the right to change these Terms and Conditions of Use from time to time at its sole discretion.

PLEASE NOTE THAT NOT ALL OF THE SERVICES WHICH WWW.TRAVELNET.IE, PROVIDES ARE SUPPLIED BY WWW.TRAVELNET.IE, THEREFORE THE CONTRACT FOR THE SERVICE WILL BE WITH YOU AND THAT THIRD PARTY.

1. Legal Capacity

AGENCY

In many instances when you are purchasing a Service on this site, WWW.TRAVELNET.IE, is acting as a disclosed agent for third party suppliers, such as a tour operator, airline, cruise line, hotel, car hire company etc. The contract for the Service is between you and the third party supplier, and will usually involve your being required to accept additional terms and conditions governing the contract with the relevant third party supplier. YOU SHOULD READ ANY SUCH

THIRD PARTY TERMS AND CONDITIONS BEFORE COMPLETING YOUR PURCHASE. When WWW.TRAVELNET.IE, deals with you as an agent, WWW.TRAVELNET.IE, has no contractual liability for the Services, which you have purchased.

PRINCIPAL

There may also be instances when WWW.TRAVELNET.IE, shall be the principal for the Service which you are purchasing, i.e. the contract for the Service is between WWW.TRAVELNET.IE, and you. In such instances you will be required to accept WWW.TRAVELNET.IE’S additional terms and conditions which govern the Service which WWW.TRAVELNET.IE, is contracting to provide to you. YOU SHOULD READ WWW.TRAVELNET.IE’S TERMS AND CONDITIONS BEFORE COMPLETING YOUR PURCHASE.

YOURS

You hereby confirm and represent that you are eighteen years or over. You understand that you are financially responsible for all uses of the Site by you.

2. Invitation to Treat
All the Services sold through WWW.TRAVELNET.IE, are NOT an offer by WWW.TRAVELNET.IE to sell any Service, but an invitation to you to make an offer to WWW.TRAVELNET.IE, or in the case of a third party service, the third party. WWW.TRAVELNET.IE, is free to accept or reject these offers. [You will receive an email confirming the contract if you are purchasing from the Website.]

3. Limited Licence

WWW.TRAVELNET.IE, grants you a limited, non-transferable licence to use this site in accordance with these Terms and Conditions of Use. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes. This site and content provided in this site may not be reproduced in any way without the written consent of WWW.TRAVELNET.IE. Unauthorised use of this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that violate any law.

In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights (b) is protected by copyright, trademark or other proprietary right unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in the restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of this site.

4. Warranties and Disclaimers

DISCLAIMER/EXCLUSION OF WARRANTY

WWW.TRAVELNET.IE, does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the site or any content, search or link on it. The site and its content are delivered on an "as-is" and "as-available" basis. WWW.TRAVELNET.IE cannot ensure that files you download from the site will be free of viruses or contamination or destructive features.

WWW.TRAVELNET.IE disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. WWW.TRAVELNET.IE will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. WWW.TRAVELNET.IE makes no guarantee of any specific result from use of this site.

LIMITATION OF LIABILITY

WWW.TRAVELNET.IE, assumes no responsibility, and shall not be liable for, any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or the downloading of any materials, data, text, images, video or audio from the site. In no event shall WWW.TRAVELNET.IE, or any third party suppliers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings), howsoever arising including but without limitation;

1. any use of the site or content found herein,
2. any failure or delay, or
3. the performance or non-performance by WWW.TRAVELNET.IE, or any third party supplier including but not limited to, non-performance resulting from bankruptcy, reorganisation, insolvency, dissolution, or liquidation.

ERRORS AND OMISSIONS

WWW.TRAVELNET.IE will use best endeavours to correct any errors and omissions as soon as practicable after having been placed on notice of same. For example a price, product, service or other detail displayed or presented on this web-site may result in a price, product, or service or other detail being incorrect. Where this occurs, WWW.TRAVELNET.IE, reserves the right to cancel any contract with you, without any liability to you.

5. Governing Law

This Agreement and its performance shall be governed by the laws of the Republic of Ireland and subject to the jurisdiction of the Irish Courts.

6. Termination

WWW.TRAVELNET.IE may terminate your use of this Site and these terms and conditions and/or the provision of any of the Services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which WWW.TRAVELNET.IE and its third party suppliers may be entitled, at law or in equity.