 General Conditions
|
1.TERMS AND CONDITIONS OF BOOKING
Emko Travel is the "Tour Operator" and we arrange your transport, accommodation, etc. and we offer it as a holiday package. The "Consumer" is you, the person who requests, buys or agrees to buy and whose name is entered on the Booking Form or any person to whom you transfer a holiday that you have bought. The "Travel Agent" is our partner who sells the holiday to you. He is not responsible for organizing the flight, accommodation or other component parts of the holiday.
2.BOOKING CONFIRMATION
2.1. When we receive your Booking Form and deposit, with all the holiday details you have chosen, then we will process your booking and confirm it by issuing invoice for the total cost, sum paid so far and sum due. A contract will be concluded between us from the date of deposit payment. When the total cost is paid then we confirm your holiday as completely reserved by sending you all travel documents like voucher, flight ticket, insurance and final invoice.
It is our duty to provide the holiday we have confirmed to you. We have the right to refuse your booking, in which case we will return your money to you in full.
2.2. The Tour Operator reserves the right to terminate this Contract if the behavior 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. Where the contract is cancelled in such cases, normal cancellation charges apply as set out in clause No.6. If your actions or those of any member of your party cause damage to the accommodation in which you are staying, or cause delay or diversion to any flight or other means of transportation, you agree to fully indemnify the Tour Operator against any claim (including legal costs) made against the Tour Operator by or on behalf of the owners of such accommodation or the operator of such flight or other means of transport.
3. PAYMENT
A deposit of Euro 100 per person must be paid at the time of booking if outside 8 weeks of departure for all persons travelling, including children. The holiday must be paid for in full at least 8 weeks before the scheduled date of departure or if the Contract is made within 8 weeks before the scheduled date of departure, the holiday must be paid for in full at time of booking. Payment may be made by cash, credit or debit card, online from our website www.emkotravel.com or www.travelbulgaria.net, bank transfer, cheque (if there is time to clear it to meet the payment schedule shown above - you should allow eight working days for clearance from the time it is received)
4. CANCELLATION FOR NON-PAYMENT
If the holiday is not paid for by the due date, the Tour Operator shall have the right to cancel the holiday. If the Tour Operator, at the request of the Consumer or Travel Agent, agrees to delay cancellation of the holiday then, if the Tour Operator subsequently cancels for non-payment, the cancellation charge set out in clause 5 shall apply and be payable by the Consumer.
5. CANCELLATION BY THE CONSUMER
The Consumer must notify in writing to the Tour Operator any cancellation of the holiday. If the Consumer cancels the holiday the following cancellation charges should be paid by the Consumer.
Period before your holiday departure date when we receive written notice Amount of cancellation charge shown as a percentage of the total (including deposits paid on free children's holidays).
| More than 49 days |
Deposit only |
| 29 to 49 days |
35% |
| 15 to 28 days |
50% |
| 8 to 14 days |
70% |
| 4 to 7 days |
80% |
| 1 to 3 days |
90% |
| 0 days |
100% |
All cancellation charges apply to each person entered on a booking. Insurance premium is not refundable.
6. SUBSTITUTION
6.1. Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking, having first given Tour Operator or Travel Agent in writing reasonable notice which shall not be less than 28 days of his intention to do so before the departure date. The transferee from the Consumer must sign a Booking Form and comply with any other requirements of the Tour Operator applicable to the holiday.
6.2. A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Tour Operator or Travel Agent for payment of any balance due in respect of the holiday and for a substitution fee of Euro 20 per person substituted, subject to a maximum of Euro 100 per booking.
7. ALTERATION BY THE CONSUMER
7.1. If after acceptance by the Tour Operator a consumer wishes to alter a holiday, the Tour Operator may do so at its discretion if practicable. A request for alteration must be in writing and must be accompanied by a payment of Euro 15 per person, which payment is not refundable. If the alteration is impracticable the original holiday arrangement shall continue to apply. If only some 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 Tour Operator's written confirmation of such charge. If default is made by the Consumer in complying with the foregoing requirements, the Tour Operator shall have the rights referred to in clause 5.
7.2. 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 their travel arrangements, which are not availed of.
8. SPECIAL REQUESTS
We draw a distinction between Special Requirements, which are items essential to your holiday enjoyment, and Special Requests. If you advise us of a Special Requirement in writing at the time of making the booking, we will do our best to meet the Special Requirement. Special Requests (e.g. ground floor accommodation, sea view, etc.) shall be communicated by the Consumer in writing to the Tour Operator or Travel Agent at the time of making the booking. The Tour Operator shall use reasonable endeavours to fulfil such requests. However Special Requirements and Special Requests cannot be guaranteed and do not form part of the Contract. No liability shall attach to the Tour Operator for failure to comply with a Special Request or Special Requirement. Special Requests cannot be processed for late booking or within 8 weeks of departure.
9. ACCOMMODATION ON REQUEST
Where accommodation is "on request" an additional administration charge of Euro 20 will be payable by the Consumer. If the Tour Operator is unable to obtain the particular accommodation requested by the Consumer, the Tour Operator 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 Tour Operator less a EURO 20 administration charge.
10. ALTERATION BY THE TOUR OPERATOR
10.1. The Tour Operator reserves the right to alter, change, curtail or cancel a holiday.
10.2. If as a consequence of "force majeure" (as hereinafter defined in sub-paragraph (10.6) of this clause), the Tour Operator 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 or cancellation of the holiday.
10.3. A minimum number of bookings are required for a programme of holidays. The Tour Operator's obligation to provide that programme shall be contingent upon the Tour Operator receiving and maintaining that minimum number of bookings. In the event that the Tour Operator 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 Tour Operator shall be entitled to cancel or curtail the relevant programme at any time up to 4 weeks prior 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 Tour Operator shall notify the Consumer within 7 days of any cancellation or curtailment necessitated by the foregoing circumstances.
10.4. 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 type of accommodation offered, or some other change which fundamentally alters the holiday, the Tour Operator shall, if practicable, offer an alternative comparable holiday of at least similar standard or shall refund the Consumer all monies paid. Unless within five days of issue of the offer of an alternative holiday, it is declined by the Consumer in writing, the Tour Operator shall assume that the Consumer has accepted such an offer. Where the offer is declined the Consumer shall only be entitled to return of payment made.
10.5. Where the Tour Operator makes an alteration in the holiday as contemplated in sub-paragraph (10.4) of this clause and the Consumer accepts the alternative holiday 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 reasons referred to in sub-paragraph (10.2) or (10.3) of this clause.
Period of notice we give to you or your Travel Agent Compensation for each full fare-paying customer.
| More than 56 days |
NILL |
| 42 to 49 days |
EURO 15 |
| 28 to 41 days |
EURO 30 |
| 15 to 27 days |
EURO 45 |
| 0 to 14 days |
EURO 55 |
10.6. If the agreement, the term "force majeure" means Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft of vehicle to be used in connection with a holiday, destruction or damage to holiday accommodation, riots, acts of war, civil commotion, exercise of legislative or government action, municipal or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service connected with a holiday, fraud perpetrated against the Tour Operator or any other reason beyond the control of the Tour Operator.
11. INSURANCE
It is a condition of this contract that the Consumer is covered by travel insurance arranged by the Tour Operator or covered by any other insurance scheme offering at least the same cover as that arranged by the Tour Operator. The Consumer's attention is drawn to the exclusion clauses and excess in the insurance policy arranged by the Tour Operator. It is the responsibility of the Consumer to read their insurance policy before they travel and check that the insurance scheme provides the Consumer with his desired level of cover. In so arranging insurance cover for the Consumer the Tour Operator is acting as the agent of the relevant insurer and shall not be responsible to the Consumer for 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. INSURANCE PREMIUMS BOOKED ARE NON-REFUNDABLE.
12. PRICE VARIATION
All prices quoted are stated in Euro 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 or decrease accordingly. Any such increase/decrease must be paid by, or refunded to the Consumer, however no variations shall be applied where their combined effect 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 prices stated in the brochure shall not be increase by the Tour Operator. The circumstances in which the price may be revised shall be not to allow for variations in:
12.1. Transport costs, including the cost of fuel.
12.2. Dues, taxes or fees chargeable for services, such as landing taxes or embarkation fees at airports and ports.
12.3. The exchange rates which apply to the particular package.
13. OBLIGATIONS OF THE CONSUMER
13.1. The Consumer shall check all travel documents immediately after they are furnished to him. If the Consumer considers any document is incorrect or has a query in relation with its contents, he shall notify the Travel Agent or the Tour Operator of his concern and the Tour Operator shall respond as soon as possible.
13.2. the Consumer is solely responsible for insuring that he presents himself at the airport of departure in sufficient time prior to the designated departure time to complete the check-in requirements. If the Consumer arrives after the check-in time stipulated in the travel documentation provided to the Consumer, the Tour Operator shall not be obliged to carry the Consumer and shall be entitled to treat the holiday as having been cancelled by the Consumer. It is also the sole responsibility of the Consumer to ensure that all travel documentation i.e. passports, visas (where relevant), etc. are in order.
13.3. the Consumer is restricted by regulation of carriers and executive authority with regard to the weight, type and contents of the baggage, which he may take on board the craft, and /or vehicles, which will be issued 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 in weight or dimension restrictions applicable.
13.4. The Consumer agrees that he shall abide by all instructions or directions given by a member of the Tour Operator's staff or any crew member of the carrier's craft or vehicle issued in connection with the holiday and hereby agrees to identify the Tour Operator 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.
13.5. The Consumer undertakes to behave himself at all times in a proper manner and not to cause any disturbance in or around the accommodation occupies which may cause offence or diminution of enjoyment of a holiday to other holiday makers. The Consumer further undertakes to leave his accommodation in good condition and not to cause any damage or destruction to the accommodation or its contents. In the event that damage or destruction is caused to the accommodation the Consumer agrees to pay to the owner or the management of such establishment the cost of repair or replacing such damage.
14. LIABILITY
The Tour Operator 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 or the Tour Operator or Travel Agent acting on the Tour Operator's behalf nor to that of another supplier of services because:
the failure occurs in the performance of the contract are attributable to the Consumer;
such failure is attributable to a third party unconnected with the provision of the services contracted for and are unforeseeable or unavoidable: or such failure is due to:
force majeure: or an event which the Tour Operator, the Travel Agent acting on his behalf or the supplier of services, even with all due care, cold not foresee or forestall.
In the case of damage other than death or personal injury of damage caused by the willful misconduct or gross negligence of the Tour Operator 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 Package to the adult concerned and in the case minor an amount equal to the inclusive price of the package to the minor concerned.
15. COMPLAINTS
If the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Tour Operator's Customer Service Representative at the location where the Consumer is when the complaint arises, thereby giving the Tour Operator reasonable opportunity to rectify matters and shall, if the Tour Operator requires, complete Holiday Report form setting out the details of the Consumer's complaint. If the Consumer falls to comply with such requirement, the Tour Operator 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.
the Consumer shall be obliged to notify the Tour Operator in writing of any complaint after his return to the port of departure or termination of the holiday whichever is the earlier and not later than 30 days. Any complaint received after this period will not be entertained.
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 in accordance with the details set out below. In accordance with the Arbitration Acts 1954 and 1980 the determination of the Arbitrator as to factual matters in dispute and such Award as he may make are final. Neither party has a right of Appeal except to the High Court on a point of law.
Alternatively, claims for less than 1270 Euro per booking form may be persuaded through the Small Claims Court.
16. ARBITRATION
Arbitration arranged by Chartered Institute of Arbitrators -Irish branch on behalf of the Tour Operator administrated under the rules of the Chartered Institute of Arbitrators - Irish branch.
17. JURISDICTION
The contract arising from any confirmed holiday booking is to be interpreted under, and is subject to, the laws of the Republic of Ireland.
All holidays in our brochure are operated by Emko Travel. The acceptance of service of proceedings are at Emko Travel 3rd floor, 65 William Street South, Dublin 2, Ireland
BOOKING WITH US
Our reservation office is open from 9.30am to 5.30pm, Monday to Friday, 10am to 1pm on Saturday. You can also book and pay online 24 hours a day, 7 days a week and 365 days a year.
A deposit of �100 is required at time of booking. Full amount due if booking within 7 weeks of departure. Balance 8 weeks before departure.
Accommodation on request � deposit must be paid on request and refunded if not available.
BOOKING THROUGH YOUR LOCAL TRAVEL AGENT
Your local travel agent can check availability and make your reservation. You will be required to sign a completed booking form and pay a deposit of euro 100 per person.
|
|
