Terms & Conditions

TERMS & CONDITIONS

1. Contract
   
   These conditions govern all bookings with Golfbreaks.ie a trading name of Skytours Travel Ltd. (the Company), whose registered office is at 75 Talbot Street Dublin 1, acting as your agent in the purchase of travel services from Airlines, Hotels, Tour Operators, Transfer Companies and other travel related suppliers. All Travel Arrangements the Company makes are either:

(1)  Flight only and or individual travel arrangements
Flight and hotel arrangements generally offer much greater flexibility than Package Holidays giving the traveller the opportunity to choose from a vast array of flights for a range of durations. Each travel service component has its own independent price. This is not a  package and it is NOT protected under the Package Holidays and Travel Trade Act, 1995 and golfbreaks is NOT LIABLE to you as an Organiser for the purposes of the Package Holidays Act, 1995.

Consumer means you, the person who buys or agrees to buy the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the Booking Form or any other person to whom you transfer a holiday which you have bought.

Any booking made or order placed by you, shall be deemed an offer by you to purchase the travel services offered by various suppliers subject to these booking conditions and it shall be at the Company’s discretion to accept the offer; said acceptance shall be deemed to exist on dispatch of a confirmation invoice to the client by the Company.

No contract between you and the Company shall come into existence until the Company accepts full payment and issues a confirmation invoice. All contracts with the Company and all matters arising from them are subject to Irish law and to the exclusive jurisdiction of Irish courts. The person who makes the booking accepts these conditions on behalf of all members of the party and is responsible for all payment due from the party.
Booking services with the company are currently only available to persons who are at least 18 years old. By submitting a booking, you warrant and confirm to us that you comply with those arrangements.

As we are acting only as a booking agent we have no liability for any of the travel arrangements and in particular any liability for any illness, personal injury, death or loss of any kind.

2. Payment by Debit/Credit Card
   
   Payment can be made by Debt cards or bank transfer.A deposit or full payment is required for all products at the time of booking. In the event that the Company is unable to obtain confirmation and cannot offer an alternative, a full refund will be issued.. The Company will not accept responsibility for cash sent through the post. In accordance with mail order regulations, all documents will be posted to the billing address of the card holder and not the address of the passenger (unless they are one and the same).

3. Alterations and Cancellations by you

(a) Alteration: Any alterations by you will be subject to the supplier charges plus the company’s administration fees as detailed below in paragraph (c).

(b) Cancellation: You or any member of your party may cancel your booking at any time providing that the cancellation is made by the person making the booking and is communicated to us in writing. The supplier charges plus the company’s administration fees as detailed below in paragraph (c) will apply and are based on the day the written cancellation is received and whether documents have been issued.

(c) Payment, Cancellation charges and Administration fees :

Payment: Travel Arrangements must be paid for in full at least 12 weeks before the scheduled date of departure or if the contract is made later than 12 weeks before the scheduled date of departure, it must be paid for in full on acceptance of the offer. The Company has the right to charge Late Payment Fees if Travel Arrangements not paid in full by balance due date.

Cancellation or Cancellation for Non-Payment. If the travel arrangements are not paid for by the due date, the Company shall have the right to cancel them. If the Company, at the request of the Consumer, agrees to delay cancellation of the travel arrangements, then if the Company subsequently cancels for non-payment, the cancellation charges set out below shall apply and be payable by the Consumer. If the consumer decides to cancel, the cancellation charges set out below apply. If any changes are to be made once airline seats have been purchased then name change fees will apply. If you are a member of a Group Booking where 10 or more consumers arrange to travel together, you must make any alterations or cancel with the Group organiser and it is the Group organisers responsibility to ensure that all passenger names provided to us at the time of booking are as per passport and they must be in typed format, via email.

Cancellation Fees; Because of the ever changing nature of supplier fare and rate structures and the increasing availability of instant purchase travel services with restricted conditions most of the services which we offer on behalf of the suppliers must be paid for in full at the time of booking.  Most of these services are non- refundable and accordingly, cancellation of travel arrangements involving instant purchase and restricted conditioned fares or rates will incur the supplier cancellation fees plus the company’s administration fees as detailed below. All charges apply to each person covered by a booking. As cancellation cover applies immediately, any insurance premium paid is not refundable.

Administration Fees

More than 12 weeks before the departure date:  € 50 per person.

Within 12-8 weeks of departure: € 100 per person.

Within 8-4 weeks: € 150 per person.

Within 4 weeks of departure: €200 per person.

Cancellation and Administration Fees

Note: All airline tickets, particularly promotional fares, are payable in full on booking and are non-refundable regardless of the date OR reason for cancellation. In all cases, unused car rental portions or vouchers are non-refundable.

You will be notified on your confirmation invoice if different cancellation charges apply.

4. Alterations by the Company

   Although the Company makes every effort to ensure that published descriptions provided by suppliers are correct, it does not own or operate airlines and other suppliers and cannot control or prevent changes and differences to descriptions provided. In such cases the company as the agent of the consumer shall do all that is reasonably possible to rectify any changes. The Company reserves the right to change the description of any flight and/or ground service before you book, where such a change has been notified to the company by the supplier.

(a)Individual Travel Arrangements: Although under no obligation to do so, the Company will endeavour to notify all changes before departure if it is practicable to do so. (Please see section 13 Flights.) Alterations to bookings of this kind are infrequent. No compensation is payable by the Company in such cases however the company may acting on behalf of the customer endeavour to obtain compensation or refund should the Company deem such alteration to be a “major “change. A major change is one made before departure that involves a difference of more than 12 hours in departure from Ireland, change in your resort region overseas, or a change of accommodation to a lower classification than that booked. A minor change is any other change. Should a minor schedule change occur to your itinerary after full balance/ticket issue, on either the outbound, or return flights the relevant supplier’s decision will be final.

5. Cancellation by the Company

   (a) Travel arrangements excluding packages: In the unlikely event that a booking has to be cancelled a full and prompt refund will be made of all monies paid to the Company less any insurance premiums and amendment fees. No compensation is payable.

   6. Pricing and Description Policy
   
   Once a confirmation invoice has been issued the price shown on that invoice may only vary as outlined below or if you amend your booking (see Clause 3).

   (a) Travel arrangements excluding packages: While every effort is made to avoid surcharges or a price increase due to a decrease in numbers travelling as part of a group booking (a group booking is where 10 or more clients arrange to travel together), the right is reserved to pass on any price increase or cancellation fees levied by the suppliers . No surcharge will ever be levied for air tickets after we have received full payment in cleared funds and tickets have been issued.

   7. Responsibilities of the Company
   
   (a) In consideration of the fact that the Company acts only as a booking agent, the Company has no liability whatsoever for any aspect of the arrangements and, in particular, has no liability for any loss, personal injury or death however incurred. Any claim for damages for injury, illness or death arising from your stay in the accommodation, must be brought against the owner of the accommodation and will be under the jurisdiction of the law of the country in which the accommodation is based.

   If you suffer a personal injury, death or serious difficulties as the result of an activity which does not form part of the package you have booked with the Company, the Company will not be liable to pay you any compensation but will offer you such advice and guidance as is reasonable in all the circumstances

6. Your Responsibilities

8.a Persons with Special Needs

It shall be your responsibility to disclose to the Company any physical or mental condition of a member of his party which may be relevant. You are required to complete and return the Company’s Special Needs Form detailing any special requirements which they may have as a consequence of any physical or mental condition. The Company cannot accept liability for the unsuitability of any travel arrangements where the Consumer fails to complete and return the form. The Company reserves the right to decline to provide travel arrangements for

8b. Documents

You are responsible for checking all travel documentation immediately it is received. If you consider any document to be incorrect or have a query in relation to its contents, you need to notify the Company of your concern and the Company shall respond as soon as possible.

8.c. Cancelled or delayed flights

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 PACKAGE IS THE RESPONSIBILITY OF YOUR AIRLINE AND WILL NOT AUTOMATICALLY ENTITLE YOU TO REIMBURSEMENT OF THE COST OF YOUR PACKAGE FROM US, and it will be your own responsibility to make claims under this regulation directly with the Airline concerned.

8.d. Complaints
If a problem occurs, whilst you are abroad, you must inform the relevant supplier (e.g. hotel, car rental company, airline) immediately so that the matter can be put right. If the supplier cannot resolve the problem to your satisfaction, at the time, you must also contact the Company’s Head Office in Dublin immediately by telephoning (353) (1) 6975734, so that the Company is given the opportunity to help. In the event that a complaint cannot be resolved at the time, you must write within 28 days of your return to the Company’s customer relations manager quoting your original booking reference and giving all relevant information. Failure to take these steps will hinder the Company’s ability to resolve the problem and/or investigate it fully and in consequence, any right to compensation you may have will be extinguished or, at the very least, substantially reduced.

8.E Indemnify

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

Further, where as a result of the Consumer’s actions or the actions of any other person who is listed on this Booking Form either or both of the following incidents occur: (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 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.

9. Passports, Visas and Health Requirements

   Requirements can change and it is your responsibility to ensure that you comply with applicable passport, visa and health requirements and take all necessary documents with you to gain access to any country or region to which you make travel arrangements. If you fail to do so, you will be solely responsible for any cost, loss or damage which you or the Company incurs as a result of your failure.

10. Behaviour

    It is your responsibility to ensure that you and the members of your party do not behave in a way which causes offence or danger to others or which risks damage to property belonging to others. In such circumstances all suppliers (e.g. hotel managers, airline pilots) and the Company have the right to terminate arrangements made on your behalf, in which case the Company’s responsibility to you ceases immediately and there can be no refunds, no payment of compensation and no reimbursement of any cost or expenses you may incur as a

11. Insurance

It is a condition of this contract that the Consumer is covered  by  travel insurance. We can arrange cover or the consumer can decide to be covered by another travel insurance scheme which furnishes the Consumer with at least the same level of cover as that afforded by the  scheme offered by the Organiser.

20. Accommodation

Accommodation ratings

Hotels are generally ranked in Stars and Apartments and Aparthotels in Keys. Our accommodation ratings are a guide that rank properties according to quality and are intended to serve as guidelines for guests who are making reservations. While these ratings can be helpful when making a choice of properties, there is no standardized worldwide rating system.

Ratings can also vary from city to city within the same country, and even between accommodations in the same city. In other words, there is no uniform measure that determines a properties rating. Even though star ratings can seem arbitrary, they can still be beneficial and can help to inform you about a property and assist you with your selection process.

National consumer travel organizations, travel websites, accommodation suppliers, the property and guidebooks assign ratings to hotels and apartments, but each one uses its own set of criteria to determine the rating. We use the rating provided by our accommodation suppliers who would contract with the hotel and these are what we provide as guidance. The Company will not amend, alter or refund any booking when requested by the customer, where the customer has found an alternative rating and request an upgrade, or refund or amendment as a result.

Hotel Facilities

Please read the description of the hotel for other hotel policies applicable to your stay. You must be at least 21 years of age to check in to Las Vegas hotels.  Please note that the hotels booked by us for you are not exclusive to The Company. We are not responsible for any limitation in facilities because of other hotel guests or their activities. The Company does not take responsibility for hotel content (including images, facility listings, etc.) displayed on our website. Hotels may change facilities and property features without prior notice to The Company and it is the customers’ responsibility to confirm facilities directly with the hotel at the time of travel.

Local Taxes not Included in Hotel Cost

Please note that there may be taxes levied abroad but not paid at the point of purchase that are payable in relation to your hotel booking e.g. local taxes, sales tax etc. Any local taxes will be payable by you directly to the hotel at the time of check in / checkout.

Accommodation

All accommodation is reserved exclusively for use by the person named as the lead passenger plus the total number of passengers, whether adults or children, as shown on the Invoice / Accommodation Voucher. Unauthorised occupancy may result in the accommodation refusing occupation with immediate cancellation and loss of all monies paid. Most accommodation is sold on a twin/double room basis; however most properties have more twin rooms than doubles. If a double bed is requested please be aware that this may be two single beds pushed together. Additional beds for triple/quad rooms could either be a pull out sofa bed, foldable bed, rollaway beds, or bunk beds. Self-Catering properties usually do not offer a choice of bed type. Some properties impose a minimum number of nights per stay and bookings may incur a surcharge if less than the minimum period allowed.  The maximum number and age of occupants of a room is determined by the Accommodation Provider and The Company shall have no liability in the event the customer is not satisfied with the room size, room layout or bed configuration.  Should the customer wish to complain to the Company, please refer to paragraph 9.

21. DATA PROTECTION:

Golfbreaks.ie is committed to protecting your privacy and information. A copy of our privacy policy is available on request.The information that we use is for the purpose of fulfilling processing your travel arrangements which you have booked with us. Information that you provide to us will be held on our computers for use by us for the following purposes:

(a) Booking Information;

(b) Please note that 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 the 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 things such as age, religious beliefs, dietary requirements, you (or your travelling party’s) physical or mental health. This information may also be transferred abroad;

(c) If you apply for insurance, then we may process information (including medical information) about you (or your travelling party) and pass it to the insurers:

(d) Information supplied by you may be processed by us for Statistical Analysis and or Market Research and may in certain instances be disclosed to our agents for the purposes of fraud prevention and or debt collection.

(e) To contact you via-e-mail, letter or phone with details of golfbreaks.ie or selected suppliers products and services including financial services, which may be of interest to you.

By entering into a contract with us you agree to the use and disclosure of information by golfbreaks.ie as described. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we may be unable to proceed with your booking. A copy of your personal information held by [Insert Company Name] can be provided on request. You have the right to have any inaccurate personal information rectified or erased.

23. GOVERNING LAW & JURISDICTION:

This Agreement shall be governed by and construed in accordance with the laws of Ireland and each of the parties hereby submits to the exclusive jurisdiction of the Courts of Ireland in regard to any matter arising from or touching upon this agreement.

APPENDIX 1.

Accommodation & Golf Only

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

1. Legal Capacity:

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

2. Prices & Fees:

Prices stated are on per room per night basis otherwise stated. Resort fees, extra bedding such as cots and rollaway beds are payable locally in some hotels but can be requested through us. Unless otherwise stated, breakfast, lunch and dinner are not included. Star ratings may differ according to the country where the hotel is located and are out of our control. All prices advertised are accurate at the date and time published, but we reserve the right to change any of those prices from time to time. Prices can go up or down. We will be able to tell you the up-to-date price of your chosen accommodation before confirming your booking.

3. Photographs of Rooms:

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

4.Modifications/Cancellations:

(i) If you wish to cancel your hotel room, please contact us on 353 1 6975734  It is essential to include your booking reference number, email address and details of your cancellation. In the event of cancellation for whatever reason you shall be liable to pay golfbreaks.ie the relevant administration fee per person. This could be in addition to any cancellation charges & 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, golfbreaks.ie will make sure that you are notified as soon as practicable after your accommodation provider has made us aware of the cancellation or any significant changes, however we do not accept any liability for the changes or costs incurred as a consequence thereof.

5. Force Majeure:

We will not be liable for any changes, cancellation, effect on your booking, loss or damage suffered by you or for any failure by your accommodation or golf  provider and/or us to perform or properly perform any of our respective obligations to you if the failure to perform or the improper performance is due to any event(s) or circumstance(s) caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and in particular the place where the accommodation provider is located as well as our country of origin and other unforeseeable causes beyond our control.

6. Complaints or issues with your accommodation:

In the unlikely event that you have reason to complain or experience any problems with your accommodation please inform the accommodation reception staff or management immediately, to enable them to take appropriate action. Should you not be satisfied with the offered solutions, please contact our Customer Services, whilst you are at the accommodation, and we will offer all reasonable assistance. We shall not be able to assist with any claims that were not raised during the period of stay at the accommodation.

7. Limitation of Liability:

Nothing shall be construed herein as a representation on the part of golfbreaks.ie  about the suitability of the accommodation offered for sale through

Golfbreaks.ie and the inclusion or offering for sale of any accommodation by us does not constitute an express or implied endorsement or recommendation by golfbreaks.ie of such accommodation products or services. Golfbreaks.ie does not guarantee the accuracy of, and disclaims liability for any inaccuracies relating to, the accommodation services offered for sale through us.

Golfbreaks.ie  undertakes no responsibility for and is not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any of the accommodation providers who sell their products and services through us. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of an accommodation provider or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the independent third party who provided such service and that we will be under no liability at all (whether in contract, tort or otherwise howsoever).

Without prejudice to the foregoing, in the event that we are found liable on any basis whatsoever in relation to your booking our maximum liability to you, if golfbreaks.ie is found to have been at fault in relation to any service that we provided (as opposed to any service provided by the accommodation provider for whom golfbreaks.ie 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.

8. Indemnification:

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

When you book accommodation through us, you accept responsibility for the proper conduct of yourself and the other people on your booking during your stay. We and/or the accommodation provider reserves the right at any time to terminate your stay and that of any member of your party due to your or their misconduct, where justified in our reasonable opinion and/or the accommodation provider.

Full cancellation charges will apply and no refund will be given. Furthermore, neither we, nor the accommodation provider shall be under any obligation whatsoever to pay compensation or meet any costs or expenses you may incur as a result of your stay being terminated. If your actions or those of any member of your party cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider for the cost of the damage before you end your stay. You also agree to indemnify us against any claim (including legal costs) made against us as a result.