Site Terms Conditions

Site Terms And Conditions

We, Capitol Holdings Limited, trading as Thomas Cook Holidays registered in Ireland (hereinafter referred to as TCI (Thomas Cook Ireland) in Options 2, 3 and 4 and the Organiser in Option 1) arrange all of the holidays in this brochure.  You can book a TCI Package Holiday or have the option of choosing and building your own holiday or just simply book transport, hotels, flights and cruises 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               THOMAS COOK IRELAND PACKAGE HOLIDAY

When you purchase a TCI Package Holiday, which is a combination of flights, transfers, hotel accommodation and/or self-catering accommodation and/or car hire/transport services at an inclusive price the protections provided to consumers, 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 TCI Package Holiday, terms and conditions below.

1.          THE CONTRACT

(a) A Contract shall exist between the Consumer and TCI (Referred to as the Organiser in Option 1) the Organiser effective from the date printed on the invoice, upon receipt of a deposit or full payment for the holiday and in accordance with these booking conditions.  Where there is insufficient time for the consumer to receive written confirmation before departure the contract shall exist when we the Organiser accept the reservation.  The terms of the Contract are contained solely in the Organiser’s Confirmation and Final Invoice wherein the booking conditions are printed overleaf, the Organiser’s Brochure or other descriptive material, any airline or sailing ticket issued and the itinerary issued by the Organiser. Excursions are any sight-seeing trips or other tours which the Consumer books and pays for through the Organiser’s overseas representatives, the Organiser’s local handling agents or any third party while the Consumer is actually on Holiday.  The Organiser’s representatives or agents are acting as a booking agent for the relevant excursion providers.  Excursions are not packages and do not form part of the Holiday contract nor are they governed by the Package Holidays and Travel Trade Act 1995. 

(b) The organiser reserves the right to terminate the contract if the behaviour or conduct of a Consumer either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in his company or that of the Consumer himself or if he is causing unreasonable or undue disturbance or annoyance to other Consumers.

 Minimum Age:  Persons under the age of 18 years are not permitted to sign the booking form and if these passengers are travelling without their legal guardian they will require a letter of consent from the said parent or guardian in order to travel.  This rule will not be waived under any circumstances and the Organiser’s booking must be made by a person over the age of 18 years, alternatively the consent of the parent or guardian must accompany the booking and if the person is travelling without their legal guardian written consent will be required.  Some hotels refuse to accept unaccompanied minors, the Organiser must be notified at the time of booking that an unaccompanied minor is travelling and we reserve the right to refuse any such booking.

2.          PERSONS WITH A DISABILITY

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.  Where a confirmed booking is made for any person with a disability the Consumer must immediately request and complete a Special Needs form.  This form should be requested by the Consumer from the Organiser and the completed form returned within 7 days to the Organiser.  If special arrangements need to be made for the Consumer or a member of his party an extra charge may have to be levied.  The Organiser cannot be held responsible if the Consumer fails to alert the Organiser to any special needs/requirements that will affect the holiday experience and the Consumer will not be at liberty to maintain a claim for compensation or otherwise arising.  In addition, no liability shall attach to the Organiser for the provision of an unsuitable holiday for any person with a disability where no completed Special Needs form has been returned.

3.          PAYMENT AND CANCELLATION

The holiday must be paid for in full at least 8 weeks before the scheduled date of departure.  If it is not paid by that date, the Organiser shall have the option to cancel the holiday.  If the Organiser exercises that option or if the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser) the following cancellations are payable by the Consumer: (these cancellation charges are applied in order to cover the Organiser’s expected losses for the transport and accommodation services that the Organiser pays for in advance):- More than 56 days before the departure date, any deposit paid is forfeited.  Within 29-56 days of departure 50% of the cost of the holiday is forfeited or loss of deposit, whichever is greater.  Within 22-28 days of departure 70% of the cost of the holiday is forfeited. Within 8 - 21 days of departure 90% of the cost of the holiday is forfeited.  Within 7 days of departure 100% of the cost of the holiday is forfeited.  All cancellation charges apply to each person covered by a booking.  Any insurance premium payable is not refundable. In a case where only some of the consumers booked cancel, the organiser may, in addition to levying cancellation charges, adjust the price of the holiday for the remaining consumers. In a case where the number of consumers on a booking falls below the minimum number required for the particular accommodation booked the organiser may deem the entire booking to have been cancelled and levy cancellation charges accordingly. In all cases of cancellation all consumers covered by a booking shall be jointly and severally liable to the organiser for all charges including cancellation charges and price adjustments.

4.          SUBSTITUTION

(a)        Where the Consumer is prevented from proceeding with the holiday, he may where practicable transfer his booking, having first given the Organiser or Retailer reasonable notice in writing of his intention to do so before the departure date.  Requests for transfer of a booking cannot be accepted within 2 weeks of the intended date of departure. The transferee of the Consumer must sign a booking form and comply with any other requirements of the Organiser applicable to the holiday.

(b)        A consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Organiser or Retailer for payment of any balance due in respect of the package and for a substitution fee of €20 per person substituted, subject to a maximum of €20 per booking (or such other greater sum as may be authorised). Requests for changes to all names on a booking will be treated as cancellation and the appropriate cancellation charges will apply.

5.          ALTERATION BY THE CONSUMER

If after acceptance by the Organiser a Consumer wishes to alter a holiday, the Organiser may, in his absolute discretion, if practicable, facilitate that change.  Requests for a change to the date of departure or destination cannot be accepted within 2 weeks of commencement of the package. A request for alteration must be in writing and must be accompanied by payment of €20 per person which payment is not refundable.  Alterations can only be accepted on a like for like basis i.e. a holiday booked at brochure price can only be altered to another brochure price holiday.  Furthermore, alterations from one season to another are not possible.  If the alteration is impracticable the original holiday arrangement shall continue to apply.  If some only of the consumers booked request a change, which is found to be practicable, a price adjustment for all Consumers on the same booking may be payable and must be discharged on the date shown in the Organiser’s written confirmation of such change.  Tickets that have to be re-issued due to change to an initial or due to a spelling error will incur a charge of €20. It is important therefore that all details are checked carefully on receipt of the Sunworld invoice and before tickets are issued, so as to avoid this charge. If default is made by the Consumer in complying with the foregoing requirements, the Organiser shall have the rights referred to in clause 3. A name change may be made up to 7 days before departure for a fee of €20 per name change.  Within 7 days of departure, a name change will be treated as a cancellation and the appropriate cancellation fee will apply. 

6.          SPECIAL REQUESTS

Special requests (e.g. low floor, pool view) made by the Consumer to the Organiser can never be guaranteed and do not form part of the contract.  The Organiser will use reasonable endeavours to communicate special requests made at the time of booking to the management of the Consumers selected accommodation.  Special requests can not be processed in the case of Bookings made within six weeks of departure. The granting of special requests is at the sole discretion of the property management and the Organiser accepts no responsibility for special requests which are not accommodated.

7.          ACCOMMODATION ON REQUEST

Where accommodation is “on request” an additional administration charge of €20 will be payable by the Consumer.  This charge will be credited to the cost of the holiday once a booking is confirmed.  If the Organiser is unable to obtain the particular accommodation requested by the Consumer, the Organiser shall take all reasonable steps to make a comparable alternative available to the Consumer.  If the accommodation requested by the Consumer cannot be confirmed or an alternative offered or if the alternative offered is not acceptable to the Consumer, the Consumer shall be entitled to a refund of all monies paid to the Organiser less the €20 administration charge.

8.          ALTERATION BY THE ORGANISER

(a)        The Organiser reserves the right to alter, change, curtail or cancel a holiday.

(b)        If as a consequence of “force majeure” (as hereinafter defined in sub-paragraph (f) of this clause), the Organiser is obliged to curtail, alter, extend or cancel a holiday, the Consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the holiday.

(c)        If the Organiser has specified a minimum number of bookings required for a programme of holidays in its published information relating to that programme, 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 Consumers or otherwise, the Organiser shall be entitled to cancel or curtail 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 cancellation or curtailment in these circumstances. The Organiser shall notify the Consumer within seven days of any cancellation or curtailment necessitated by the foregoing circumstances.

(d)        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 a change of resort or in the type of accommodation offered, or some other change which fundamentally alters the holiday the Organiser shall, if practicable, offer an alternative comparable holiday of at least similar standard or shall refund the Consumer all monies paid.  Unless within seven days of issue of the offer of an alternative holiday it is accepted by the Consumer in writing, the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of the payment made.

(e)        Where the Organiser makes an alteration in the holiday as contemplated in sub-paragraph (d) of this clause 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 subparagraphs (b) or (c) of this clause.

             Notification Period Prior to     Compensation

             Departure Date            per Person

             More than 56 days nil

             Within 43-56 days €15.00

             Within 29-42 days €25.00      

             Within 15-28 days €35.00

             Within  14 days     €50.00

Compensation payments relating to a child place for which the Consumer has paid a child price will be calculated appropriately.  There is no compensation payable to those travelling on a “free child place” , “free group offers” or infants.

(f)         In this booking form, the term “force majeure” means 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, acts of terrorism, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.       

9.          INSURANCE

It is a condition of this contract that the Consumer is covered by a travel insurance policy acceptable to the Organiser.  Details of a specially tailored travel insurance scheme arranged by the Organiser are given in the Organisers brochure.  If the consumer wishes to make separate alternative arrangements for travel insurance he must detail the name and 24 hour emergency no. of his insurance company in the box provided on page 1 of the Booking Form. The insurance must provide cover that is equal to or greater than the insurance organised by Sunworld.  Should the Organiser arrange insurance cover for the Consumer the Organiser is acting as an agent for the relevant insurer and shall not be responsible to the Consumer for any default by the insurer under the policy.  The Consumer shall be responsible for making any special or increased insurance arrangements, which are deemed necessary upon receiving notice of the level of cover available under the Travel Insurance Scheme.  If the Consumer chooses to take the Travel Insurance Scheme, the Consumer is deemed to be aware of the extent of cover provided by the Travel Insurance Scheme and hereby acknowledges receipt of the relevant information in this regard prior to contracting with the Organiser of the Package.  If the Consumer chooses not to avail of the Travel Insurance Scheme then all responsibility for travel insurance shall rest with the Consumer.

10.        PRICE VARIATION

All prices quoted which are stated in Euro, are based on tariffs and exchange rates current and appropriate at the time of publication.  If any of these vary or if any new government-imposed levies such as VAT are introduced the cost of the holiday may increase or decrease accordingly.  Any such increase/ decrease shall be paid by or refunded to the Consumer, however no variations will be applied where their combined effects would result in an increase/decrease of less than 2% of the cost of the holiday.  During the period of twenty days prior to departure date, the price stated in the brochure shall not be increased by the Organiser.

The prices advertised in the Organiser’s brochure may be revised from time to time and any such price revisions shall be confirmed at the time of booking.

11.        DEFAULT BY THE CONSUMER

(a)        The Consumer shall check all travel documentation immediately it is furnished to him.  If the Consumer considers any document is incorrect or has a query in relation to the contents he shall forthwith notify the Retailer or the Organiser of his concern and the Organiser shall respond as soon as possible.

(b)        The Consumer is solely responsible for ensuring that he presents himself at the port of departure in possession of a valid passport and any necessary visas and in sufficient time prior to the designated departure time to complete embarkation requirements.  If the Consumer arrives after the check-in time stipulated in the travel documentation provided to the Consumer, the Organiser shall not be obliged to carry the Consumer and shall be entitled to treat the holiday as having been cancelled by the Consumer.

(c)        The Consumer is restricted by regulation of carriers and executive authority with regard to the weight, type and contents of baggage which he may take on board the craft and/or vehicles which will be used in connection with the holiday.  The Consumer shall be responsible for ascertaining any limitation which applies in this regard and shall not present himself at the port of departure with any prohibited item in his luggage or on his person or with items which exceed weight or dimension restrictions applicable.

(d)        The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organiser’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 Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumer’s failure to act in accordance with any such direction or instruction.

12.        COMPLAINTS

(a)        If the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Organiser’s representative at the location where the Consumer is when the complaint arises and shall if the Organiser requires, complete a form setting out in detail the Consumers complaint.  The Consumer shall assist the Organiser in all reasonable ways in the investigation of any complaint, both during and after the holiday. If the Consumer fails to comply with such requirement, the Organiser shall be entitled to recover the cost from the Consumer of any additional expenses incurred by it in carrying out subsequent investigation of a complaint which is found to be unjustified.

(b)        Notwithstanding any action taken under sub-paragraph (a) of this clause the Consumer shall be obliged to notify the Organiser in writing of any unresolved complaint not later than 28 days after his return to the port of departure or termination of the holiday whichever is the earlier. The Organiser shall be entitled to a reasonable period of time within which to investigate any written complaint received from the Consumer and to respond thereto before any arbitration or other legal proceedings are initiated by or on behalf of the Consumer.

13.        FLIGHTS AND FLIGHT DELAYS

(a) The Organiser reserves the right to change airlines or aircraft types at any time.  Such changes will not be regarded as a significant change and the Consumer will not be entitled to cancel his holiday without paying the appropriate cancellation charge (see clause 3 above).  Some flights may have to stop en route.  Where this is known in advance, the Organiser will inform the Consumer.  Flight times, whilst accurate at the time of brochure publication, may be subject to alteration sometimes at short notice.  The Consumer will only be entitled to cancel his holiday booking without penalty or to receive compensation when the change to his flight times is 18 hours or more.  Other changes which, for example, may result in a reduced time in resort, cannot be compensated.

(b) Flight delays sometimes occur.  When a delay occurs the Organiser will try to ensure that up to date information and appropriate facilities e.g. refreshments are provided.  However, such arrangements are the responsibility of the relevant airline.  Travel Insurance has been designed to cover such eventualities and in this regard the Consumer should refer to his Travel Insurance policy.

Pursuant to Regulation EC261/2004 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 PACKAGE HOLIDAY IS THE RESPONSIBILITY OF YOUR HOLIDAY AIRLINE AND WILL NOT AUTOMATICALLY ENTITLE YOU TO REIMBURSEMENT OF YOUR HOLIDAY COST FROM US.

14.        LIMITATION OF LIABILITY OF THE ORGANISER

The Organiser’s obligations and those of our suppliers providing any service or facility involved in any of the Consumer’s holiday is to take reasonable skill and care to arrange for the provision of such services and facilities and, where the Organiser or our supplier is actually providing the service or facility, to provide them with reasonable skill and care.  Compliance with any applicable regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be proper performance of the Organiser and our suppliers’ obligations.  Conversely, however, reasonable skill and care does not necessarily mean compliance with each and every local law and regulation particularly where these impose absolute obligations.  The Consumer must show that reasonable skill and care has not been used if they wish to make a claim.  The Organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser or Retailer acting on the Organiser’s behalf nor to that of another supplier of services because:–

(i)         the failure which occurs in the performance of the contract is attributable to the Consumer;

(ii)        such failure is attributable to a third party unconnected with the provision of the services contracted for, and is unforeseeable or unavoidable;

or

(iii)       such failure is due to:–

(a)        unusual and unforeseeable circumstances beyond the control of the Organiser, the Retailer acting on his behalf or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised; or

(b)        an event which the Organiser, the Retailer acting on his behalf or the supplier of services, even with all due care, could not foresee or forestall.

In the case of damage other than death or personal injury the maximum 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 Package to the adult concerned and in the case of a minor an amount equal to the inclusive price of the Package to the minor concerned.

(iv)  if any International Convention applies to or governs any of the services or facilities included in the Consumer’s holiday arranged or provided by the Organiser, or provided by any of the Organiser’s suppliers, and the Consumer makes a claim against the Organiser of any nature arising out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, the Organiser’s liability to pay the Consumer compensation and/or the amount (if any) of compensation payable to the Consumer by the Organiser will be limited in accordance with and/or in an identical manner to that provided for by the International Convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded).  International Conventions which may apply include: in respect of international air travel, The Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961, in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962.  For the avoidance of doubt, this means that the Organiser is to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other International Conventions applicable to the Consumer’s holiday.

15.        BEHAVIOUR OF HOLIDAYMAKERS

(a) The Consumer acknowledges and agrees that the behaviour of other holidaymakers (be they clients of the Organiser or otherwise) is a matter outside the control of the Organiser and that the Organiser is not liable for any disruption, inconvenience, disturbance or diminution of enjoyment of the Consumer’s holiday arising from the misbehaviour of other holidaymakers. In the event of a Consumer complaining to the Organiser of the behaviour of other holidaymakers, the Organiser will, if such complaint is justified, use reasonable endeavours by requesting the owner or manager of the accommodation to resolve the problem. However, the Organiser shall not be responsible for the action or lack of action taken by the owner or manager on foot of such a complaint. Parents/Guardians are responsible for the supervision/behaviour of young children and teenagers. 

(b)  The Consumer acknowledges that he is responsible for his own actions and the effect they may have on others.  If the Organiser (or any other person in authority) believes that the Consumer’s actions could upset other customers, the Organiser’s suppliers or the Organiser’s own staff, or put them in danger or damage property, the Organiser reserves the right to invoke clause 1b) above (i.e. reserves the right to terminate the holiday contract).  This could mean that the Consumer is prevented from using his accommodation or using the transport that the Organiser has arranged.  In this event, the Organiser will not pay compensation, refunds, or meet any expenses the Consumer suffers as a result.

PLEASE REFER TO THE GENERAL SECTION AT THE END FOR FURTHER BOOKING TERMS AND CONDITIONS.

OPTION 2:                   BUILD YOUR OWN SELECTED HOLIDAY    

Instead of purchasing a TCI Package Holiday, 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 Thomas Cook Ireland’s inventory of flights, hotel accommodation and/or self-catering accommodation and/or car hire/transport services.  Each travel services 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 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 TCI Package and is NOT protected under the Package Holidays and Travel Trade Act of 1995 and TCI is NOT LIABLE to you as an Organiser for the purposes of the Package Holidays Act of 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.  Please note that it is imperative you bring your documentation/voucher with you on holiday as this represents the confirmation of your booking.

OPTION 3:                   SINGLE TRAVEL COMPONENT

When you purchase a single travel component from TCI’s inventory of flights/hotel accommodation and/or self-catering accommodation and/or transport services, each travel service component has its own independent price.  This is not a Package Holiday and it is NOT protected under the Package Holidays and Travel Trade Act of 1995 and TCI is NOT LIABLE to you as an Organiser for the purposes of the Package Holidays Act of 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.

Booking Terms and Conditions for Care/Transport Hire Only

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.  A copy 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:  TCI 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 to hire a car:  TCI 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 TCI in writing of such request.  Most car hire companies apply cancellation charges.

4.  Limitation of Liability:  As TCI 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 of 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 TCI is found to have been at fault in relation to any service TCI provided (as opposed to any service provided by the car hire company for whom TCI is not responsible) is limited to the cost of the booking 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, loss of use of profits, business, revenue, and goodwill or anticipated savings. 

(Data Protection, Accuracy, and Governing Law & Jurisdiction – Please see General Terms and Conditions below)

Booking Terms and Conditions for Cruise Only

IMPORTANT NOTICE:  The Package Holidays and Travel Trade Act of 1995 does not apply to this single travel service component (please see introduction)

1.  Contract:  TCI 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.  A copy of the cruise company terms and conditions are available on request.

2.  Passports/Visas/Health Requirements:  TCI 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 are visiting, even if you do not disembark at that port/hub.  Many countries require that your passport is valid for a period (a minimum) six months from the date of your arrival into the country.  We do not accept any responsibility for you should you be denied boarding or deported as a result of your non-fulfilment of the above.

3.  Cancellation/Amendments:  If you change or cancel your travel plans it is your sole responsibility to notify us in writing of any such request.  Most Cruise companies will apply 100% cancellation charges.

4.  Limitation of Liability:  As TCI acts as an agent we have no contractual liability to you in respect of the operation of the cruise.  Should you suffer personal injury, illness or death as a result of any act or omission of your cruise line company or if you have a complaint about the quality of the services provided your sole right of redress is against the cruise line company who provided the service to you and we will be under no liability whatsoever (whether in contract, tort or otherwise).

Without prejudice to the foregoing, and in the event that we are found liable on any basis whatsoever in relation to your booking our maximum liability to you, if we are found to have been at fault in relation to any service that we provided (as opposed to any service provided by the cruise line company for whom TCI is not responsible) is limited to the cost of the booking in question.

(Data Protection, Accuracy and Governing Law and Jurisdiction – Please see General Terms and Conditions below).

Booking Terms and Conditions for Flight Only

1.  Contract:  TCI 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 and conditions in relation to check-in times, re-confirmation of flights and 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:  Your air journey is subject to certain international conventions such as the Warsaw Convention, Montreal Convention.  You agree that the transport supplier’s own “conditions of carriage” apply to you on that journey.  When arranging this transportation for you we rely on the terms and conditions contained in these international conventions and those “conditions of carriage” form part of your contract with us as well as with the transport company.

A copy of the 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 the airline) apply to  your booking and the air travel you have booked.

We will confirm the identify of your air carrier at the time of booking and if it is not known at that time as soon as possible thereafter.  We will advise you 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 the airline will cancel the seats.  TCI 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 (eg: because your travel date is imminent) we may insist that you have an “e-ticket” or a TOD (ticket on departure) ticket generated.  A TOD is when you pick up your ticket at the point of departure.  We will ensure  you know exactly where to pick up this ticket.  Where an airline provides e-ticketing on a specific route this will be the only ticket 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 problems 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:  On onward and return flights you must reconfirm with the relevant airline at least 72 hours prior to the commencement of that leg of the journey unless specifically informed otherwise.  TCI accepts no responsibility for bookings cancelled due to non compliance with rules set by that particular airline.  TCI also take no responsibility for any flight re-scheduling en-route.

6.  Passport/Visas/Health Requirements:  TCI is very happy to advise you of the current documentation requirements if you wish. It is incumbent upon you however 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 an aircraft 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.  TCI does not accept any responsibility if you should be denied boarding or deported due to non-fulfilment of the above.

7.  Cancellation/Amendments:  If you need to change or cancel your travel plans it is your responsibility to notify TCI in writing of such request.  Some tickets are non-refundable.  In some instances, some tickets can be amended for a change fee, plus any applicable penalties.  Some airlines do not allow changes.  TCI applies an administration fee of €100.00 per booking for any modifications, changes or cancellations to fares.  This will be regardless of the price or face value of the fare.  In addition to the TCI charges, most airlines also have a penalty or cancellation fee for any changes or cancellations to fares.

8.  Refunds:  If you want to cancel your journey it is important that you notify TCI in writing urgently.  This enables us to cancel your reservation with the airline and if you have already cancelled your ticket please ensure you remit this to us at 20d, Beckett Way, Park West Business Park, Nangor Road, Dublin 12.  On receipt of the ticket we will send you an acknowledgement that we have received it and those tickets which are refundable or cancelled by us will be processed and refunded back to your credit card.  Some tickets may need to be submitted to the airline for the cancellation and/or refund to be authorised.  In this event your refund request may take longer than through ourselves but we will advise you in our acknowledgement of the expected turnaround period.  Please note that most airlines do not refund on part used tickets.  Tickets which are returned more than one year from the date of issue are classified as expired tickets and must be submitted to the airline for their authority to refund.

9.  Lost tickets:  If you lose your tickets, it may be possible to re-issue them for a fee.  The amount payable will depend on the circumstances of the loss and how close to the travel date you discover it.  However, not all tickets can be re-issued and you are recommended to have sufficient insurance cover.  Tickets will be dispatched to you in accordance with your instructions and we accept no responsibility for their delivery.  Lost tickets which cannot be re-issued are refunded at the sole discretion of the airline and some of these refunds can take up to one year to authorise.

10.  Limitation of Liability:  As TCI 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 TCI, is found to have been at fault in relation to any service that we provided (as opposed to any service provided by the airline for whom TCI is not responsible) is limited to the cost of the booking in question.

Booking Terms and Conditions for Accommodation Only

1.  Legal Capacity:  When you book accommodation through us you are entering into a contract with the accommodation provider who has its 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.  When you confirm your booking with us you are accepting that the terms and conditions 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 and Fees:  Prices stated are on a 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 these can be requested through us.  Unless otherwise stated, breakfast, lunch and dinner are not included.  Star ratings may differ according to the country where the hotel is located and are out of our control.  All prices advertised in this brochure are accurate at the time and date published but we reserve the right to change any of these prices from time to time.  Prices may go up or down and we will be able to tell you the up-to-date price of your chosen accommodation before we confirm your booking.

3.  Photography:  The photographs published in our brochure are only a depiction of the type of room on offer and may not represent the actual room provided to you when you arrive in resort.

4.  Modifications/Cancellations:  (i) If you wish to cancel your accommodation you will need to contact us by phone or e-mail and details will be provided to you at the time of booking.   In the event of cancellation for whatever reason you shall be liable to pay us the relevant administration fee per person.  This could be in addition to any cancellation charges and local taxes which your accommodation provider may impose.

(ii)  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 we make sure that you are notified as soon as practicable after your accommodation provider has made us aware of the cancellation of 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, cancellations, effect on your booking, loss or damage suffered by you or for any failure y 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 circumstances(s) caused by force majeure.  Force majeure includes, but is not limited to, acts of war, revolution, terrorist act, closure of borders, epidemic, natural 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 about your accommodation provided or experience any problems please inform the accommodation reception staff or management immediately to enable them to take appropriate action.  Your accommodation provider will contact us if there are any issues with your booking.

7.  Limitation of Liability:  Nothing herein shall be construed as a representation on the part of TCI about the suitability of accommodation offered for sale through us and the inclusion or offering for sale of any accommodation by us does not constitute an expressed or implied endorsement or recommendation by TCI of such accommodation products or services.  TCI does not guarantee the accuracy of, and disclaims liability for any inaccuracies relating to the accommodation services offered for sale through us.  TCI will not accept any responsibility and will not be liable for the miss-representation, 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 of 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).  We shall not be liable for any indirect, special or consequential loss, including economic loss, which term shall include loss of profits, loss of use of profits, business, revenue, and goodwill or anticipated savings.

8.  Indemnification:  You will at all times indemnify us from and against any actions, claims, proceedings, losses, costs, expenses and demands (including costs and expenses in defending such matters) 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 and conditions.  When you book accommodation through us, you accept responsibility for the proper conduct of yourself and the other people on the 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 our accommodation provider.  Full cancellation charges will apply and no refund will be provided.  Neither TCI nor the accommodation provider shall be under any obligation whatsoever to pay compensation or meet any costs of expenses incurred by you as a result of the termination of the contract.  If your actions or those of any member of your party cause damage to the accommodation in which you are staying, you will be required to fully reimburse the accommodation provider for the damage caused and for the cost of replacing any items prior to the expiry of your stay and you will agree to indemnify us from any claim including costs made against us as a result.  Please note that it is imperative you bring your documentation/voucher with you on holiday as this represents the confirmation of your booking.

OPTION 4:                   FLEXIBLE TRIPS

When you book your holiday with flexible trips you will be governed by their terms and conditions and these are available by logging onto www.flexibletrips.ie Flexible trips in Ireland act as agent for Thomas Cook Retail Limited, having its registered office at The Thomas Cook Business Park, Coningsby Road, Peterborough, PE3 8SB, England.  Their company registration number is 00102630 England.  Please note that it is imperative you bring your documentation/voucher with you on holiday as this represents the confirmation of your booking.

GENERAL TERMS AND CONDITIONS:

BOOKINGS MADE IN NORTHERN IRELAND

The Organiser will accept payments in Euro at its Dublin Office.

DATAPROTECTION ACT 1988 & 2003

We are committed to protecting your privacy and personal information.  We will use all personal information disclosed for the purpose of fulfilling our Contract with the Consumer as a tour operator/holiday Organiser and in respect of other services offered by us or other companies within the Thomas Group Plc.  We will not sell the Consumer’s personal information to any third parties without their express consent.  Copies of personal information held by us can be provided on request to the Consumer.  The Consumer has the right to have any inaccurate information rectified or erased.  To unsubscribe from our direct mailing list, to access personal information or to seek to rectify or erase inaccurate information, the Consumer must write to the Marketing Department of TCI, Unit 20D, Park West Business Park, Nangor Road, Clondalkin, Dublin 12.  Alternatively e-mail to our marketing department at marketing@thomascookholidays.ie

BOOKING INFORMATION

a)  Airlines are required by new laws introduced to give border control agencies access to passenger data.  Accordingly, any information we hold about you and your travel arrangements may be disclosed to customs and immigration authorities of any country in your itinerary.  Information about you and your travelling party may be passed to holiday providers and others and may include information relating to age, religious beliefs, dietary requirements, you or your travelling party’s physical or mental health.  This information may also be transferred abroad.

b)  If you purchase our insurance then information (including medical information) about you or your travelling party will be passed to the insurance company

Information supplied by you may be processed by us for statistical analysis and market research.

JURISDICTION

This Contract and all matters arising hereunder are to be governed and constructed in accordance with the laws of the Republic of Ireland and the parties hereby irrevocably submit to the jurisdiction of the Courts of the Republic of Ireland.