TERMS AND CONDITIONS

General Information

Accommodation Grading
The star ratings used on hotels throughout the brochure are the official ratings awarded by the national tourist authority, where available. Where, in our judgement, a hotel deserves a grading higher than the normal grading, Travelpaths have awarded a +. Plus symbol to indicate this. Where official ratings are not available, we have awarded a Travelpaths star rating to guide you with your choice of accommodation. In Andorra there is no official grading of hotels or apartments. The management of Travelpaths have vetted all named accommodation and awarded them stars to indicate, in our opinion, the standard of these properties in comparison to other properties within Andorra and France only. Standards of hotels in Andorra don't necessarily compare with hotels in Austria or Italy. Variations of facilities and standards within the same hotel or apartment category can be significant. In our opinion the difference in price charged by Travelpaths will be a fair reflection of this.

Please note: All accommodation named in our brochure has been inspected by our local agents or by the management of Travelpaths, and is of good standard. However, don't always expect things to be the same as you are used to in Ireland as customs and service usually differ from country to country. For instance, twin beds in Europe may consist of two separate mattresses and duvets contained in one large frame. Most hotels have rooms that will take an extra bed, if required. These beds may be fold-away beds or sofa beds. Soap is not always included in rooms. Linen may be changed only once a week. Single rooms are available on request and a supplement is payable. In addition the payment of a supplement does not necessarily mean that a twin room will be provided for sole use. Often single rooms are purpose built and intended for sole use only. Annexes to hotels may be directly owned and controlled by the hotel or contracted in private houses, within walking distance of the hotel. Guests with accommodation in annexes have full use of all main hotel facilities.

Vacation of Rooms
Rooms are not usually ready or available before midday on the day of your arrival. On day of departure you may be asked to vacate your room in the morning, usually before midday.

Children’s Reductions
To qualify for the reduction in hotels, one child must share a room with two full fare paying passengers. Child age is from 2 .11 years inclusive. Infants (i.e. children under 2) pay €32 plus any applicable charges made by some hotels for cots or high chair. Cot charges are generally payable locally; prices vary from hotel to hotel.

Flight: There is a set charge of e32 for infants who haven't reached their 2nd birthday before the date of return. All infants must sit on an adults lap during the flight.

Meal Arrangements
If you book half board, you will usually receive dinner on the day of arrival and breakfast on the day of departure. However, for late arrivals (after the hotel restaurant is closed) clients will normally receive a cold plate of limited choice and for early morning departures breakfast may not be available or a restricted choice may apply. It is possible that you may miss a meal due to the time of arrival or departure from your hotel. If vegetarian meals are required, these must be requested from and confirmed by Travelpaths at time of booking. In Europe, breakfast is usually continental style unless otherwise stated. Most hotels require guests to order dinner from the menu the previous evening or at breakfast each morning. This is to ensure that produce can be ordered fresh each day.

Free Drinks: The number of free drinks given in a hotel is at the discretion of the Hotelier.

Self-Catering Apartments
Self-catering apartments are based on occupancy as described in the brochure and may vary in standard and size. Linen is always provided unless otherwise indicated, while towels and soap may not be. Cleaning is generally once a week on arrival. Some apartment accommodation in Andorra, France and Italy require a deposit on arrival against breakages. Studios and apartments may not always be ready for immediate occupation on your arrival, as the accommodation needs to be cleaned and checked after the departure of the previous week’s guests. We will of course make every effort to ensure your accommodation is available as close to your arrival as possible. As deposits are normally held by the accommodation owner/management and not Travelpaths, we cannot become directly involved in situations or disputes that may occur. Please note credit cards and cheques are generally not accepted.

Please note: Self-catering studios and apartments in France are compact in size.

Anonymous Snow Pensions
If you book more than one room in anonymous pensions and are not a family group of the same name, accommodation may be in different pensions in the same resort.

Holiday Representatives
The Travelpaths Representative is there to make your holiday more enjoyable and to help you with any queries which you may have.

Resort Facilities
Any resort facilities shown in our brochure are only an indication of the facilities that are usually available in that particular resort. Travelpaths do not have control over local facilities and activities. These can be withdrawn or changed locally without notice. If you have an interest in a particular facility (e.g. kindergarten) it is extremely important to check with our reservations department close to departure for up-to-date information. Travelpaths will not accept any responsibility for failure to do so.

Building Works
Many resorts are continuing to develop the local economies and tourist industry, as well as making improvements to existing resorts. This means that in some resorts there may be building work and renovation programmes in place. We cannot predict when building work is likely to happen but when we do know, we will tell you.

Passport & Visa Requirements
All Irish nationals including infants require a valid passport when travelling on holiday to any destination in the Travelpaths brochure. Irish nationals are not required to obtain a visa for any holidays in this brochure. Passports should be valid for at least 6 months before your departure and after your expected return to Ireland. Non Irish nationals should consult their embassy for appropriate requirements at time of booking. Travelpaths will not accept responsibility for any passport related problems. For security reasons the name on your flight ticket must agree with the name on your passport.

USA Visa Requirements
Machine Readable Passports: from the 26th October 2004 passengers entering the US under the Visa Waiver Program (VWP) are required to hold a machine readable passport (MRP). If any person who is a citizen of VWP (i.e. Irish citizens/holders of Irish passports) does not have a MRP, then they will need to obtain a U.S. non-immigrant visa prior to departure. Children over 16 years must hold a valid MRP. Under 16 years of age: Children who have previously been added to a parent’s passport will also be required to have a MRP in their own name or to have a U.S. visa issued to them affixed to the passport in which their name appears.

Advanced Passenger Information A.P.I.S):
The US Department of Homeland Security (Bureau of Customs and Border Protection) requires certain "Advanced Information" about all passengers - including infants - travelling to the USA on and after 4th October 2005. There is a Federal requirement for all airlines operating on Transatlantic routes to have this information included in each passenger's booking before they can be checked-in for their flight to the USA.

The information required form each passenger - including infants - is:
First Name (as on passport)
Family Name (as on passport)
Gender
Date of Birth
Nationality
Passport Number and Alien Resident Card (Green Card) if applicable
Country of Issue of Passport and Alien Resident Card (Green Card) if applicable
Expiry Date of Passport and Alien Resident Card (Green Card) if applicable
Address while in USA (including ZIP code)

Pregnant Women
Airline regulations vary but it is generally accepted that most airlines refuse to carry women who are more than 28 weeks pregnant by their return journey date. Contact your travel agent for any additional information. We also advise checking with your doctor prior to travel.

Disorderly Passengers
The aircraft captain has the legal right to deny boarding or off-load passengers s/he deems unfit to travel due to the influence of alcohol or drugs and therefore appears likely to cause a disturbance. If a passenger is off-loaded or denied boarding on the outward journey from Ireland, the holiday may be forfeited and no money refunded. Anyone denied permission to board the plane on the return journey must make their own travel arrangements and at their own cost.

Brochure Accuracy & Prices
The Organiser has used its best endeavours to ensure that the information contained in this brochure is current and accurately represents the holidays on offer. However, for example, facilities, special attractions and services may not be open or available due to renovation or maintenance work, low occupancy levels, adverse weather conditions, etc. Unfortunately, such changes are beyond our control and we reserve the right to change the particulars in this brochure.

Where we are aware that a facility or service advertised in this brochure will not be open or available during the period of your holiday, we will take steps, wherever possible, to notify you prior to travel. This brochure was published in September 2006 and the details and prices contained in it are valid from September 2005 until publication of any revised edition. Holidays in this brochure operate from December 2006 to April 2007. All information is correct at time of going to press but subject to change without notice.

Late Bookings
Bookings made within 14 days of departure will incur a TOD service charge of e10 per person.

Baggage allowance
Baggage allowance details can be found on your travel documents. You are allowed one piece of hand luggage of maximum weight 5kg. Hand luggage should be small enough to fit in the overhead lockers or under your seat. Charges will be incurred for excess baggage.

Lost Baggage
Please be advised that guests who leave items in resort should make a claim through their insurance. Travelpaths cannot be held responsible for items left in resort or arrange for return of these items to Ireland.

Whilst on Holiday
If you wish to make changes to the booked holiday arrangements whilst in resort, for example changing duration of holiday, upgrading accommodation or changing resort, you shall pay any extra charges in resort. All changes are to be notified to Travelpaths in writing, whether through your local representative/ agent or if this is not possible through our head office in Dublin. The accommodation is to be used solely for those named on your invoice unless otherwise agreed in writing with us. You are responsible for any damage caused to your accommodation during your stay, unless this damage is caused by an unknown third party. Any justifiable charges made by the owner or hotel manager must be paid by you in resort.

Health and safety standards
Health and safety standards in some countries may not reach the same level as those enjoyed in Ireland, although all properties comply with applicable local and/or national health and safety laws.

Monitoring and enforcement of such are subject to the regulations of each country. We therefore advise clients to take all reasonable precautions while on holidays.

Health on Holiday
So as to avail of any necessary healthcare through the public system of the countries of the European Union, European Economic Area, or Switzerland while you are travelling you are strongly advised to obtain a European Insurance Card from your local Health Board.

Flight Surcharges
All holidays in this brochure are subject to additional fuel charges imposed by airlines should the cost of fuel rise significantly. Such surcharges are outside of Travelpaths’ control.

Transfers
Please refer to the information on the resort pages for the approximate transfer times and other details. These do not, however, allow for any delays, which may be caused by waiting for other incoming flights or local traffic conditions etc. In some cases, access by coach into accommodation is restricted. Holidaymakers may not therefore be able to be transferred directly to the main entrance, and it may be necessary to walk a short distance with luggage.

Important SKI Holiday Information

Ski Packs
Travelpaths have arranged pre-bookable ski packs in our resorts in Austria, Andorra, France, Bulgaria and Italy. These include the hire of skis, boots, snowboards, tuition, lift passes and special. Learn to Ski/Snowboard packs. Details of cost, etc, are featured in the resort guide on each page. Please indicate your requirements when booking. Our Learn to ski pack prices generally represent a saving on resort prices.

Unused Ski Packs
If you are ill or injured and can no longer use your pre-booked ski packs, you should first try to claim a refund locally from the suppliers. Our representatives will be pleased to help you if required. If you are unable to secure a refund locally, you should claim for a proportionate refund through your travel insurance.

Equipment Hire
We have an excellent working relationship with sports shops in each resort. They are selected for the quality of their equipment, competitive prices and the service they provide to all Travelpaths clients. In many of our resorts you have the possibility to swap your skis for a snowboard for part of the week. Check with our representative for details of any additional cost that may apply. Some ski-hire shops charge a small insurance premium against damage to the equipment. In Livigno there is a charge of approximately e16 per person. Travelpaths recommend that all children / youths wear protective helmets whilst skiing.

Ski School

Austria:
Extremely high standards of instruction are offered in all Austrian Ski Schools. Classes are graded according to ability. Classes are generally available morning and afternoon, Sunday to Friday and last for 4 hours daily.

Andorra:
Andorra ski school enjoys a reputation as one of the best in Europe. The English speaking instructors take great pride in instilling confidence in the pupils and at the same time having great fun. Classes are available for beginners and other grades. They are generally for three hours daily and are available morning and afternoon, 15hrs weekly.

Italy:
Ski school is generally one session of 2 hours for 5 or 6 days. Excellent tuition available for beginners & intermediates.

France:
There is an excellent standard of ski instruction in France. Ski schools would prefer to know the level of tuition required by guests in advance. Please indicate whether you are a beginner, intermediate or advanced skier on arrival.

Bulgaria:
Ski schools vary from resort to resort, in general they offer 4 hours of tuition per day.

Please note: Ski schools in some resorts are closed on Christmas Day and New Years Day. We regret that no refund is available for these days.

Lift Passes

Austria/Italy:
Lift passes are pre-bookable in all our resorts. Some resorts offer a choice of lift pass, i.e. local lift pass or whole area lift pass. Details of lifts covered are given in the ski pack price panels on resort pages and you can choose accordingly. Points cards and shorter duration lift passes can be purchased in the resort.

France:
Area Lift Pass & Local Lift Pass: The area lift pass allows full use of the whole area lift system while the local pass may only be used in the main skiing area of your chosen resort. Photo ID is required for all lift passes.

Andorra:
In Andorra, there is only one type of lift pass and all skiers are required to purchase one. However, the cost is considerably cheaper than in other European Ski Resorts. Lift passes sometimes require a passport size photo. See resort page for details.

Bulgaria:
Lift passes vary between resorts, you will find prices quite competitive compared to other European countries.

Please note: In many resorts throughout Europe a refundable deposit of up to e10 per person is payable locally for the key card lift pass.

Beginners
All beginners will need a lift pass of some sort and should consider their options carefully, taking advice from the Travelpaths experienced staff or their Travel Agent. Generally, it is better to use points cards for the first few days and depending on the progress made, a lift pass may be purchased locally for the remainder of the holiday. If snow conditions are poor then beginners will be taught on the upper slopes; in this case a lift pass will be required.

Points Cards
Points cards are a system designed to allow beginners to pay as they use the lift system. A small beginners lift may use up 1 point, whereas a cable car to the top of the mountain may require 5. The points card system should result in a considerable saving.

Senior Citizens and Youths
A number of lift companies offer senior citizens reductions on lift passes. These may be booked locally. Reduced rate youth passes may be pre-booked.

No Snow Guarantee
All resorts in Travelpaths’ brochure are chosen for their range of skiing and their reliable snow record. However, in the interests of our clients Travelpaths give you full protection against lack of snow. If there is no snow in your resort and all the lifts are closed for more than a day we provide free transportation to the nearest skiable resort or glacier within 2 hours driving time. In the event of this not being possible, Travelpaths’ special ski insurance includes compensation of e20 per day for each complete day that you are unable to use your lift pass or ski school.

High Altitude Resorts
Travelpaths offer a number of high altitude and glacier resorts. Glacier skiing does not mean ice, it just means that the mountain is high enough to have snow all year round. Glaciers generally have a good variety of beginners slopes in addition to pistes for intermediate and advanced skiers.

Upgrade Ski Equipment
When you travel with Travelpaths, we charge only a standard rate for ski, boot and snowboard hire. As we always deal with reputable ski rental shops, the equipment you get is generally more than adequate, even for advanced skiers. In Austria and France, most resorts offer carvers as the basic ski type. And should you wish to upgrade to a higher specification, this can be arranged locally in our ski rental shops at very competitive rates.

Carriage of Skis/Board
With a growing number of passengers taking their own equipment with them, it is important to note that airlines will not guarantee the carriage of the ski equipment. A charge may be made by the airline for the carriage of skis/boards.

Special Terms & Conditions
I agree that my signature constitutes my agreement and the agreement of the persons named on the booking form to be bound by the conditions and hereby confirm that my attention had been drawn to the said conditions herein contained and in particular the limitations of liability of the organiser contained in Clause 12 of the Booking Terms and Conditions.

I have read and understand the details provided in relation to the arbitration scheme, and agree that any dispute or disagreement of any kind which arises or occurs in relation to any thing or matter arising out of or in connection with this will be referred to the Chartered Institute of Arbitrators – Irish branch or small claims court. I warrant and represent that all of the information provided by me is true and accurate and that I have been authorised by all persons named on this booking form as Consumers to execute this agreement on their behalf and accordingly, I sign my name both as their agent and on my own behalf.
1. Package Holiday Clients:
I understand that it is a condition of this booking that all persons named in this form are covered by holiday insurance of at least equivalent standard to that arranged by the Organiser. If I/we do not take the Organiser's insurance, I/we agree to indemnify the Organiser for any costs that arise which would otherwise have been met had the Organiser's insurance been taken. I am over 18 years of age. I hereby absolve the organiser and the travel agent from any possible liability together with any expenses, loss, costs or damages which may occur as a consequence of my having declined to take out adequate insurance cover.
2. Seat Only Clients:
I acknowledge that the purchase of travel insurance had been offered and strongly recommend to me for my forthcoming trip and that of all persons named on this booking form. I hereby release the Organiser and/or the Retailer of all responsibility for any expenses incurred as a result of my declining or any other person named on this booking form declining to purchase the policy of travel insurance offered to me.

Booking Terms & Conditions
In these conditions the word Organiser means the person who arranges your transport, accommodation, etc, and who offers it as a holiday. Consumer means you, the person who buys or agrees to buy the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the booking form or any other person to whom you transfer a holiday you have bought.

1. The Contract
(a) No contract shall arise until the Organiser has received a completed booking form together with the appropriate deposit or full payment of the holiday and has issued written confirmation of its acceptance to Consumer.
(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 and the cancellation charges as provided for in Clause 3 of these booking conditions are payable by the consumer. Further, where, as a result of the Consumer’s actions or the actions of any other person who is listed on this Booking Form either or both of the following incidents occurs:
(i) there is a delay or diversion to the means of transportation the subject of this contract;
(ii) the accommodation in which the Consumer is staying is damaged; the Consumer, hereby agrees to indemnify the Organiser against any claim (including legal costs) made against the Organiser in relation to the occurrence of such incidents.
2. Persons with Disabilities
It shall be the Consumers responsibility to disclose to the Organiser any physical or mental condition of a member of his party which may be relevant. Consumers are required to complete and return the Organiser’s Special Needs Form detailing any special requirements which they may have as a consequence of any physical or mental condition. The Organiser reserves the right to decline to provide a holiday for a disabled person where in the Organiser’s opinion that holiday would be inconsistent with the special needs of a disabled person.
3. Payment
The holiday must be paid for in full at the time of booking. If the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser) 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.
4. Substitution
(a) Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking, having first given the Organiser or Retailer six weeks notice in writing of his intention to do so before the departure date. The transferee of the Consumer must sign a booking form and comply with any other requirements of the Organiser applicable to the holiday.
(b) A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Organiser for payment of any balance due in respect of the package and for a substitution fee of €32 per person substituted (or such other greater sum as may be authorised). Insurance is not transferable.
5. Alteration by the Consumer
If after acceptance by the Organiser a Consumer wishes to alter a holiday, the Organiser may do so at its discretion, if practicable, to facilitate that change. A request for alteration must be in writing and must be accompanied by a payment of €32 per person which payment is not refundable. If the alteration is impractical the original holiday arrangement shall continue to apply. If only some of the consumers booked request a change, which is found to be practical, a price adjustment for all consumers on the same booking may be payable. If default is made by the Consumer in complying with foregoing requirements, the Organiser shall have the right to cancel the holiday in accordance with clause 3 and the cancellation charges as provided for in clause 3 are payable by the Consumer.
6. Special Requests
Special requests (e.g. ground floor, accommodation, sea view, etc.) shall be communicated by the consumer in writing to the Organiser 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 management. No guarantee is given to the consumer as to such special requests being fulfilled. No liability shall attach to the Organiser for failure to comply with a special request and such requests do not form part of the contract.
7. Accommodation on Request
Where accommodation is ‘on request’ an additional administration charge of €15 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 €15 administration charges.
8. Alteration/Cancellation by the Organiser
Without prejudice to the consumers statutory rights:
(a) The Organiser reserves the right to alter, change, curtail or cancel a holiday.
(b) If as a consequence of ‘force majeure’ (as hereinafter defined in subparagraph (f) of this clause), the Organiser is obliged to curtail, alter, extend or cancel a holiday, the consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the holiday.
(c) The Organiser requires a specific minimum number of bookings to operate a specific programme of holidays. The Organiser’s obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that number of bookings. The minimum number of bookings required for all Travelpaths holidays is 95 persons per flight. In the event that the Organiser does not receive the minimum number of bookings or having received such a minimum number, has that number reduced by reason of cancellation or transfers by Consumers or otherwise, the Organiser shall be entitled to cancel or curtail the relevant programme up to 4 weeks prior to the departure date and the Consumer shall not be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Organiser shall notify the Consumer in writing within 7 days of any cancellation or curtailment necessitated by the foregoing circumstances.
(d) If prior to the time of departure there is a cancellation, or a major change, such as a change of resort area, or a change of accommodation to a lower Travelpaths rating, or an alteration of the departure time of more than 18 hours, the organiser shall, if practical, offer an alternative comparable holiday of at least similar standard or shall refund the consumer all monies paid. Unless within 7 days of issue of the offer of an alternative holiday it is accepted by the Consumer in writing, the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of the payment made.
(e) Where the Organiser makes a major change in the holiday as contemplated in subparagraph (d) of this clause the Consumer shall be entitled to receive compensation in accordance to the scale set out in this sub-paragraph. No compensation shall be payable where the alteration is for reasons referred to in sub-paragraph (b) or (c) of this clause.
Notification Period prior Compensation to Departure Date per Person
Within 8 weeks €13 Within 6 weeks €25
Within 4 weeks €38 Within 2 weeks €50
(f) In this booking form, the term ‘force majeure’ means Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, civil commotion 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 all contracts for package holidays that the Consumer is covered by either the insurance organised by Travelpaths or an alternative policy equal or better in each section than the Travelpaths cover. Details of the Travelpaths insurance is available by contacting us on 01 5143090.
Seat only Clients: We strongly recommended that seat-only clients avail of the insurance arrangements which have been put in place by the organiser or the comparable insurance cover offered by your travel agent. It is completely at your discretion whether you choose the organiser's insurance or that offered by your travel agent or make your own arrangements. However, you are required to complete the Insurance Waiver.
It is the responsibility of the Consumer to check that the insurance scheme provides the Consumer with his desired level of cover. In so arranging insurance cover of the Consumer the Organiser is acting as the agent of the relevant insurer and shall not be responsible to the Consumer of any default by the insurer under that policy. All claims made against the insurance policy shall be made directly to the insurer. The Consumer shall be responsible for making any special or increased insurance arrangements which he deems necessary.
10. Price Variation
All prices quoted which are given in Euros are based on tariffs and exchange rates current and appropriate at the time of publication. If any of these vary the holiday may increase or decrease accordingly. Any such increase/ decrease shall be paid by or refunded to the Consumer, however o variations will be applied where their combined effects would result in an increase/decrease of less than 2% of the cost of the holiday. During the period of twenty days prior to the departure date, the price stated in the brochure shall not be increased or decreased by the Organiser.
11. Consumers. Responsibilities
(a) The Consumer shall check the travel documentation immediately it is furnished to him. If the Consumer considers any document is incorrect or has any query in relation to the contents he shall forthwith notify the Organiser of his concern and the Organiser shall respond as soon as possible.
(b) The Consumer is solely responsible for ensuring that he presents himself at the port of departure in sufficient time prior to the designated departure time to complete embarkation requirements. If the Consumer arrives after the check-in time stipulated in the travel documentation provided to the Consumer, the Organiser shall not be obliged to carry the Consumer and shall be entitled to treat the holidays cancelled by the Consumer.
(c) The Consumer is restricted by regulation of carriers and executive authority with regard to weight, type and contents of baggage which he may take on board the craft and/or vehicles which will be used in connection with the holiday.
(d) The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organisers staff or any crew member of a carriers craft or vehicle used in connection with the holiday and hereby agrees to indemnity to Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumers failure to act in accordance with any such direction or instruction.
(e) It is also the sole responsibility of the Consumer to ensure that he is in possession of all travel documentation i.e. passports, visas (where relevant) and that same are in order. The Consumer hereby agrees to indemnify the Organiser for any costs incurred by the Organiser as a consequence of the Consumer being denied transportation either as a consequence of the Consumer failing to have their travel documentation or same not being in order.
(f) Pursuant to Regulation EC261/04 airline passengers are granted new 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 ATOMATICALLY ENTITLE YOU TO REIMBURSEMENT OF THE COST OF YOUR HOLIDAY FROM US.
12. Liability
The Organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser or Retailer acting on the Organiser.s behalf nor to that of another supplier of services because:
(i) the failures which occur in the performance of the contract are attributable to the Consumer;
(ii) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseen or unavoidable; or
(iii) such failures are due to:
(a) unusual and unforeseeable circumstances beyond the control of the Organiser 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 or the supplier of the services, even with all due care, could not foresee or forestall. In the case of damage other than death or personal injury or damage caused by defamation or by the wilful misconduct or gross negligence of the Organiser the amount of compensation which will be paid to the Consumer will be limited to, in the case of an adult an amount equal to double the inclusive price of the holiday to the adult concerned and in the case of a minor an amount equal to the inclusive price of the holiday to the minor concerned. The Organiser.s liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of, even if that convention has not been ratified or applied in the Republic of Ireland. In respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1995 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961, in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that the Organiser is to be regarded as having all benefit of any limitations of compensation contained in any of these conventions or any other international conventions applicable to the Consumer’s holiday. This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention. Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (Special Drawing Rights, approximately €123,000) 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 the compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately €20,000).
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 €5,100). Baggage delays: In the case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs (approximately €1,230).
Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately €1,230). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of checked baggage, the carrier is
liable only if at fault.
Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information: The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002 and national legislation of the Member States). A copy of any conditions of carriage applicable to the holiday and the Conventions referred to above, can be supplied on request. In the event of any liability on the part of the Organiser for injury, illness or death, no payment will be made unless the following conditions are complied with:
(i) the Consumer must advise the Organiser in relation to the injury or illness while the Consumer is at the resort and must also write to the Organiser within three months of the completion of the holiday;
(ii) the Consumer must transfer any rights that the Consumer has, in respect of such injury, illness or death against any person to the Organiser;
(iii) the Consumer must co-operate fully with the Organiser to enable the Organiser or its insurers to enforce such rights.
13. Complaints
(a) If the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Organiser.s representative at the location where the consumer is when the complaint arises and shall if the Organiser requires, complete a form setting out in detail the Consumer complaint. If the Consumer fails to comply with such requirement, the Organiser shall be entitled to recover the cost from the Consumer of any additional expense incurred by it in carrying out any subsequent investigation of a complaint which is found to be unjustified.
(b) The Consumer shall be obliged to notify the Organiser in writing of any complaint within 28 days after his return to the port of departure or termination of the holiday whichever is the earlier.
14. Arbitration
Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto in relation to any thing or matter arising under out of or in connection with this contract shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators – Irish Branch. Neither party has a right of Appeal except to the High Court on a point of law. Full details are available on request. Alternatively, claims less than the jurisdiction of the district court small claims procedure, per booking form, may be pursued through the district court small claims procedure. All claims in excess of the jurisdiction of the district court small claims procedure shall be referred to arbitration.
15. Governing Law
The contract arising from any confirmed holiday booking is to be interpreted under and is subject to, the laws of the Republic of Ireland.
16. Late Availability
Close to departure date, Travelpaths may occasionally offer late availability holidays where both your accommodation and/or resort may be allocated on arrival. If you have specific holiday requirements it is advisable to book named accommodation from the brochure to ensure any of your specific requests are met. These late availability holidays may be subject to conditions other than those shown in this brochure and consequently one should check when booking.
17. Flights & Flight Times
(i) We reserve the right to change airports, airlines or aircraft types at any time. Such changes will not be regarded as a significant change and you will not be entitled to cancel your holiday without paying the appropriate cancellation charge. Some flights may have to stop en route. Where this is known advance details are given in the flight tables, otherwise we will inform your travel agent. Although the flight times in this brochure were correct when published, they can be subject to alteration by the various Irish and Overseas airport scheduling committees or for other reasons. You will only be entitled to cancel your holiday booking without penalty or to receive compensation when the change to your flight times is 18 hours or more. Other changes, which for example, may give a reduced time in a resort cannot be compensated. (ii) Flight timings in this brochure are for guidance only and are subject to change, The Customer invoice issued after you book will show the planned flight details. Actual flight details will be shown on flight tickets.
(iii) Flight Only: Flight only customers must reconfirm their return flight at least 24 hours prior to departure. Contact details included in travel documents.
(iv) There may be no in-flight catering on some flights.
(v) Transfers to your chosen resort are by coach or mini bus. Transfers to some resorts may entail a switch to a smaller feeder bus en route.
18. Financial Protection
The air holidays and flights shown which depart from the Republic of Ireland are protected by the Commission for Aviation Regulations. Our Irish Government Licence Number is 7601
19. Statutory Rights
Your statutory rights are not affected.