In this Booking Form the word “Organiser” means Travel Management Solutions Trading as Nuevo Mundo. “Consumer” means you, the person who takes or agrees to take the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the Booking Form or any other person to whom you transfer a holiday which you have bought. The “Retailer” is the person who sells or offers to sell the holiday to you; s/he is not responsible for organising the flight, accommodation or other component parts of the holiday.
1. The contract (a) (i) No contract shall arise until the Organiser has received a deposit or full payment for the proposed holiday. The deposit and flight down‐payments are non‐refundable (for details see Clause 10); cancellations (full or in part) and alterations to the proposed holiday after payment of the agreed deposit or full payment will attract an administration fee.
The administration fee payable will be calculated as the cost of such alteration or cancellation to the Organiser but shall in any event be not less than 15% of the total cost of the holiday PLUS any down payments incurred by the Organiser on behalf of the Consumer to the date of cancellation/alteration.
(ii) Upon receipt by the Organiser of the signed (or its electronic equivalent) Booking Form the Consumer confirms the holiday details as requested, whether sent by Post, Email, Fax, Web or other means.
(iii) The Final Confirmation details will be sent by the Organiser to the Consumer or his/her Agent by means of a Confirmation Invoice.
(iv) The Retailer (usually the Travel Agent) acts as the Agent for the Consumer and shall provide a copy of these T&Cs to his/her client.
The terms of the contract between the Consumer and the Organiser are contained solely in the Organiser’s confirmation, any airline or other ticket issued, and the terms and conditions of any supplier of services.
(b) The Organiser reserves the right to terminate the contract with the Consumer if the behaviour or conduct of the Consumer either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in his company or that of the Consumer himself; the Organiser or that of the Organiser’s representatives, contractors, agents or employees and no refunds will apply to any moneys paid 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. Disabled persons
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 and no liability shall attach to the Organiser for the provision of an unsuitable holiday for a disabled person where disclosure of the disability has not been made to the Retailer or to the Organiser where the booking has been made directly with the Organiser. 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. Special requests
Special requests (e.g. sea‐view) shall be communicated by the Consumer or Retailer in writing to the Organiser at the time of making the booking (or promptly thereafter). The Organiser shall use reasonable endeavours to fulfil such requests. However these can not be guaranteed.
4. Price variation
All prices quoted are stated in Euros and are based on tariffs and exchange rates current and appropriate at the time of publication. If any of these vary the cost of the holiday may increase Accordingly any such increase must be paid by to the Consumer; however no variations shall be applied where their combined effect would result in an increase of less than 2% of the cost of the holiday. During the twenty days prior to departure date, the price specified inthe contract shall not be changed by the Organiser.
5. The consumer’s responsibilities (a) The Consumer shall check all travel documentation immediately it is furnished to him. If the Consumer considers any document to be incorrect or has a query in relation to its 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 point of departure in sufficient time prior to the designated departure time to complete check‐in/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 authorities 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 limitations which apply 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 its agent or any crew member of carrier’s craft or vehicle used in connection with the holiday and hereby agrees to indemnify the Organiser against any lost or injury suffered or incurred by any other person as a consequence of the Consumer’s failure to act in accordance with any such direction or instruction.
(e) It is 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 or entry as a consequence of the Consumer failing to have their travel documentation or same not being in order. ANY TRAVEL TO OR VIA THE USA REQUIRES A SEPARATE, MACHINE‐READABLE PASSPORT FOR EVERY MEMBER OF THE PARTY INCLUDING INFANTS.
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: (a) the failures which occur in the performance of the contract are attributable to the Consumer; (b) such failures are attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable; or(c) such failures are due to (i) 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 (ii) an event which the Organiser, the Retailer acting on his behalf or the supplier of the services, even with all due care, could not foresee or forestall. In the case of damage other than death or personal injury or damage caused by defamation or by the wilful misconduct or gross negligence of the Organiser the amount of compensation which will be paid 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 in the place where they are performed or due to be performed, even if that convention has not been ratified or applied in the Republic of Ireland. For international transport by air the provision of the Warsaw Convention 1929 (as amended) relating to the carriage of passengers and their luggage by air or the EU Regulation on Air Carrier Liability for travel by air, may apply throughout the fight and during boarding and disembarkation. For international transport by water the provisions of the Athens Convention relating to the Carriage of Passengers and their luggage by sea, 1974 applies. Pursuant so these Conventions and the Regulation, the Organiser’s liability is limited or excluded for death, personal injury, loss of or damage to luggage, and special provision is made for valuables. A copy of the conditions of carriage applicable to the holiday and the Convention referred to above can be supplied on request. In the event of any liability on the part of the Organiser for injury, illness or death, no payment will be made unless the following conditions are complied with: (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.
(a) Without prejudice to the Consumer’s rights under Clause 7(b) below, 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 the detail of the Consumer’s 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 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 not later than 28 days after his return to the point of departure or termination of the holiday whichever is the earlier and no complaint received thereafter shall be entertained.
Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto in relation to anything or matter arising under, out of or in connection with the contract and/or the holiday connected to 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. Alternatively, claims for 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.
9. Governing law
The terms of the contract (as provided for in Clause 1(a) of this Booking Form) are to be interpreted under and are subject to the laws of the Republic of Ireland.
The holiday must be paid for in full at least 13 weeks before the scheduled date of departure or if the contract is made later than 13 weeks before the scheduled date of departure, it must be paid for in full on the signing of the Booking Form. 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 cancellation charges are payable, per party, by the Consumer: More than 84 days before the departure date any deposits will be forfeited. Within 84 ‐42 days of departure at least 50% of the cost of the holiday will be forfeited. Within 41 ‐22 days of departure at least 75% of the cost of the holiday will be forfeited. Within 21 days of departure 100% of the cost of the holiday will be forfeited.
All cancellation charges apply to each person covered by a booking. As cancellation cover applies immediately, any insurance premium paid is not refundable.
(a) Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking, having first given the Organiser or Retailer a minimum 6 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) If airline tickets, cruise or other documents have been issued the organiser will have no choice but to charge the amendment or cancellation fees imposed by the airline or cruise company in order to process the name change. (c) Insurance is not transferable. (d) In accordance with the terms of Clause 1(a) the Consumer who transfers a holiday booking and the transferee should be aware that some suppliers, such as carriers, impose cancellation fees and apply restrictions which are not within the control of the Organiser and for which the Organiser shall not be held liable. Substitution and change fees will apply.
12. 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. A request for alteration must be made by the Consumer in writing to the Retailer (who shall forward same to the Organiser). Where the booking has been made directly with the Organiser the alteration request must be accompanied by a payment of €50 per person, which is non‐refundable. Where the nature of the alteration sought by the consumer requires the organiser to amend two or more arrangements a further charge will be levied which will be advised when the change is requested. No changes are permitted within 35 days of departure. If the alteration is impracticable the original holiday arrangement shall continue to apply. No alteration by the consumer shall be effective until such time as the Organiser issues written confirmation of acceptance of such alteration and the contract between the Organiser and the Consumer shall be thereby amended to include such alteration. If only some of the Consumers on the same booking 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. If default is made by the Consumer in complying with the foregoing requirements, the Organiser shall have the right to cancel the holiday in accordance with Clause 10 and the cancellation charges as provided for in Clause 10 are payable by the Consumer. Once travel has commenced, no changes or alterations may be made by the Consumer and no refunds shall be made in respect of flights or other travel arrangements, which are not availed of.
13. Accommodation on request
When accommodation is on request and 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 alternative accommodation offered to the Consumer is not acceptable to the Consumer, the Consumer shall be entitled to a refund of the monies paid for this accommodation less a possible administration charge.
14. Alterations and cancellations by the organiser (a) Without prejudice to the Consumer’s statutory rights, the Organiser reserves the right to alter, change, curtail or cancel a holiday. (b) If as a consequence of “force majeure”(as defined in su‐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) A minimum number of bookings are required for a programme of holidays. The Organiser’s obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that minimum number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfers by the Consumers or 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) (i) If prior to the departure date there is a cancellation, alteration, change or curtailment relating to a holiday, which results in more than 18 hours change in the time of departure or return, or a change of resort or in the type of accommodation offered, or some other change which fundamentally alters the holiday, the Consumer shall be entitled to withdraw from the contract (with penalty) or to accept the alteration to the contract. (ii) The Consumer shall inform the Organiser or the Retailer (as appropriate, in light of the Organiser’s instructions) of his decision to accept the alteration to the contract or to withdraw from the contract, in writing, within 7 days from the date upon which the Consumer was notified of a circumstance falling within Clause 14(d)(i) Where the Consumer confirms acceptance ofthe alteration to the contract, the contract between the Organiser and the Consumer shall thereby be amended to include such alteration. (iii) Where the Consumer withdraws from the contract pursuant to Clause 14(d)(i) or where the Organiser, for any reason other than the fault of the Consumer, cancels the package prior to departure the Consumer is entitled (a) to take a replacement package of equivalent or superior quality if the Organiser (whether directly or through a Retailer) is able to offer such a replacement, as may be offered by the Organiser; or (b) to take a replacement package of lower quality if the Organiser is able to offer such a replacement and to recover from the Organiser the difference in price between that of the package purchased and the replacement package, as may be offered by the Organiser; or (c) to have repaid as soon as possible all the monies paid under the contract. (iv) In the event that the offer of an alternative holiday is not accepted by the Consumer, in writing, within such time as shall be determined by the Organiser, from the date of the offer of the alternative holiday the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of payments made.
(e) Further, where the Organiser cancels, alters, changes or curtails the holiday as contemplated in Clause 14(d)(i) the Consumer shall be entitled to receive compensation in accordance with the scale set out in this sub‐paragraph. No compensation shall be payable where the
alteration is for the reasons referred to in Clauses 14(b) or 14(c) or where the Consumer accepts the alteration as provided for in Clause 14(d)(ii).
(f) In this Booking Form the term “force majeure” means unusual and unforeseeable circumstances beyond the control of the Organiser, the Retailer or other suppliers of services, the consequences of which could not have been avoided even if all due care had been exercised or an event which the Organiser, the Retailer or the supplier of services even with all due care could not foresee or forestall, including Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, civil commotion, 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. Notification Period Prior to Departure Date Compensation per Person Within 8 weeks €15; within 6 weeks €20; within 4 weeks €30; and within 2 weeks €40.
It is a condition of this contract that the Consumer is covered by travel insurance and that this is in place at the time of booking. The Consumer must furnish details of their travel insurance; a copy of which is to be forwarded to the Organiser. It is the responsibility of the Consumer to check that the insurance policy provides the Consumer with his desired level of cover. The Organiser shall not be responsible to the Consumer for any default by the insurer under that policy. The Consumers attention is drawn to possible exclusion clauses, excesses and the maximum cancellation cover. All claims made against the insurance policy shall be made directly so the insurer. The Consumer shall be responsible for making any special or increased insurance arrangements which he deems necessary.
16. Data protection
The Organiser is committed to protecting your privacy and information. However please note that airlines are required by new laws introduced in the United States and other countries to give border control agencies access to passenger data. Accordingly any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary.
17. Building works
Whenever the organiser learns of building work likely to affect the enjoyment of the holiday, the organiser will endeavour to contact the consumer prior to departure. If such work, in the organisers opinion will seriously impair the enjoyment of the consumers holiday the organiser will offer an alternative holiday or a full refund of all monies paid.
18. Governing law
The contract arising from any confirmed holidy booking is so be interpreted under and is subject to the laws of The Republic of Ireland. Nuevo Mundo is fully bonded and operates under Government Licence number TA0535.
The consumer accept full responsibility for the dangers and potential injury or damage that may occur when partaking in any tours and that they will especially take extra care when involved in more dangerous tours or activities, such as scuba diving, horseback riding or skiing. The consumer herewith explicitly accepts that tours/excursions are undertaken at clients own risk and responsibility and not that of Nuevo Mundo.