Tour America recommends that you print a copy of the “Booking Terms and Conditions” for future reference.
Should you have any queries, please contact us at info@touramerica.ie or call us on 01 817 3500.
Tour America is an organiser within the meaning of the Package Holidays and Travel Trade Act 1995 (the "Act").
The conditions in the booking form and the contents of our brochure together with any airline or sailing tickets issued contain the total of the conditions applicable to your package. No contract shall arise until the Organiser has (i) received this completed Booking Form (which has, or a faxed copy hereof has been signed by the Consumer and by the Retailer as the agent of the Organiser or by the Organiser); (ii) received a deposit or full payment for the holiday; and (iii) has issued written confirmation of its acceptance to the Retailer as the agent of the Organiser or to the Consumer.
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. 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 persons with special needs.
Deposits: Because of the ever changing nature of airfare structures, and the increasing availability of instant purchase air fares our deposits will vary from booking to booking. At the time of booking this must be paid in full [together with your travel insurance] in addition to the normal deposit of €190.00 per person. Holidays involving Cruises, Coach Tours, Train Tours, Holiday Homes and Published Air fares and/or any other outside supplied product will also involve the payment of the deposit required by the 3rd party supplier, this additional deposit will be confirmed and collected at the time of booking.
Cancellation Policy: If you do not pay for the package in full at least eight weeks before the scheduled date of departure we shall have the option of cancelling the holiday or if you notify us in writing that you wish to cancel the holiday certain, specific charges are payable by you the consumer. These charges apply to the total cost of the package as follows:
| PERIOD BEFORE DEPARTURE | CANCELLATION FEE PER PERSON |
| 61 Days or more | Loss of deposit |
| 60-45 Days | 50% of total cost |
| 44-31 Days | 75% of total cost |
| 30 Days or less and After Departure | 100% of total cost |
Payment (for Cruise Holidays): If you do not pay in full at least 10 weeks before the scheduled departure we shall have the option of cancelling the holiday or if you notify us in writing that you wish to cancel the holiday, certain, specific charges are payable by you the consumer. These charges apply to the total cost of the package.
Cancellation for Non-Payment: If the holiday is not paid for by the due date, the Organiser shall have the right to cancel the holiday. If the Organiser, at the request of the Consumer or Retailer, agrees to delay cancellation of the holiday, then if the Organiser subsequently cancels for non-payment, the cancellation charges set out above shall apply and be payable by the Consumer.
Identity of Carriers: We are obliged to inform you, at time of booking, of the identity of the operating air carrier(s) which is due to perform, or likely to perform, your flight and if there are any changes to the operating air carrier(s) we are obliged to inform you of any such change(s) as soon as possible. If we don’t know the identity of the operating carrier(s) at time of booking, we must inform you of same as soon as such identity is established. In all cases, we are obliged to inform you of the identity of the operating air carrier at check-in or on boarding, where no check-in is required for a connecting flight.
Instant Purchase/Ticketed Flights: Cancellation of holidays involving Instant Purchase/ticketed flights once tickets have been issued will incur the above charges together with additional charges which may be levied by the airline, which in some cases can be up to 100% of the cost of the airfare. It is not possible to inform you of the ticketing deadline at the time of booking.You will be informed at the time of such charges at the time of cancellation.
Cruises, coach tours: 56 days or more before departure - as above plus cancellation charges required by 3rd party supplier 55-0 days before departure- 100% cancellation of all external elements plus applicable charges as outlined above. Cancellation of holidays involving tickets flights or any of the above elements will incur further cancellation charges, these charges will vary depending on the 3rd party supplier.
If you or any member of your party are prevented from proceeding you may transfer the booking to a person who satisfies all the conditions required to be satisfied by a person who takes the package provided you give a reasonable notice to us and pay our standard substitution/ transfer fee of €150.00 per person. It should be noted that on a transfer both the person who transfers and the transferee become jointly and severally responsible for the full cost of the holiday. In accordance with the provisions of Clause 1 of this booking form, you 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. We will notify you of these as may be appropriate. The transferee must sign the booking form.
Special requests (e.g. ground floor accommodation, sea-view etc.) shall be communicated by the Consumer in writing to the Organiser or Retailer 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 manager. 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.
(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 consequence of "force majeure" (as 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) A minimum number of booking's 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 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 curtailment or cancellation 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 in 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 without penalty or to accept the alteration to the contract. (ii) The Consumer shall inform the Organiser or the Retailer (as appropriate, in the light of the Organiser's instructions) of his decision to accept the alteration to the contact or to withdraw from the contract in writing within 7 days from the date upon which the Consumer was notified of a circumstance failing within Clause 7 (d) (i) above. Where the Consumer confirms acceptance of the alteration to 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 7 (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 of through a Retailer) is able to offer such a replacement, as may be offered by the Organiser: or (b) to take a 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 7 (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 clause 7 (b) or 7 (c) or where the Consumer accepts the alteration as provided for in clause 7 (d) (i) Depart Date Compensation per person:
(f) In this booking form, the term, “force majeure” means unusual or 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 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 or 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.
It is a condition of this contract that the Consumer is covered either by the travel insurance scheme arranged by the Organiser or covered by another travel insurance scheme which furnishes the Consumer with at least the same level of cover as that afforded by the travel scheme arranged by the Organiser.
In the event that the Consumer does not avail of the Organiser's travel insurance scheme he must furnish details of the alternative travel insurance scheme which he has arranged at the time of booking. 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 for the Consumer the Organiser 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.
All prices quoted are stated in Euro 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 or decrease accordingly. Any such increase/ decrease must be paid by or refunded to the Consumer. During the period of twenty days prior to departure date, the price specified in the contract shall not be increased by the Organiser. The circumstances in which the price may be varied shall only be to allow for changes in: (a) transport cost, including the cost of fuel (b) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports.
You must check all travel documentation immediately it is furnished to you. If it is incorrect or you have a query you must notify us. If you have any other queries or complaints in relation to the package you must immediately inform our representative at the location where the incident arises and if asked set out in writing details of your complaint. If it is not possible to do so whilst on location you must notify us of any complaint not later than twenty - eight days after your return. It is your responsibility for ensuring that you and your party are at the port of departure in sufficient time to complete all embarkation requirements prior to departure. It is expected of you and your party that you will abide by all instructions and/or directions given by a member of our staff or other person in authority or any crew member of a carriers craft or vehicle used in connection with the package. We are only responsible for those matters with which we are connected. We are not responsible for your actions or for a third party's action or inaction. It is also the sole responsibility of the Consumer to ensure that you are 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. 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 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. 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 publicized 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 THE RESPONSIBILITY OF YOUR AIRLINE AND WILL NOT AUTOMATICALLY ENTITLE YOU TO REIMBURSEMENT OF THE COST OF YOUR HOLIDAY FROM US.
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 improper performance is due neither to any fault of the Organiser or Retailer acting on the Organiser's behalf nor that of another supplier of services because: (a) the failure which occurs 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 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 the Consumer will be limited to, in the case of an adult an amount equal 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 Organisers 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 of where they are performed or due to be performed, even if that convention has not been ratified or applied in the Republic of Ireland. INSERT 2 For international transport by air the provisions of 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 relating to the carriage of passengers and their luggage by air may apply, throughout the flight 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 may apply. In respect of rail travel, the Berne Convention 1961, in respect of carriage by road, the Geneva Convention 1973;and, in respect of hotels, the Paris Convention 1962 may apply. For the avoidance of doubt, this means that the Organiser is to be regarded as having all benefits of any limitations of liability contained in any of these 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 Special Drawing Rights (”SDRs”) (approximated €125,000) 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 and advance payment, to cover immediate economic needs, within 15 days from the identification of the compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately EUR 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 4,150 SDRs (approximately EUR 5,100). Baggage delays: In 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 EUR 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 EUR 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 unchecked baggage, the carrier is only liable only if at fault. Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special latest at check-in and by paying a supplementary fee. Complaints on baggage: If the baggage is damaged, delayed lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days and in the case of a delay within 21 days, in both cases from the date on which the baggage was placed disposal. Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the actual carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated that air carrier is the contracting air carrier. Time Limit for action: Any action in court to claim damages must be brought within two years 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 the national legislation of the member states). 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.
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 the right of appeal except to the High Court on appoint of law. (Details of the said Arbitration Scheme are set out on the reverse of this Booking Form). 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.
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.
A) The Organiser is committed to protecting your privacy and information. A copy of our privacy policy is available on request from Tour America, 62 Middle Abbey St., Dublin 1. The information that we use is for the purpose of fulfilling our contracts as an Organiser. Information that you provide 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 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. 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 contract you via-e-mail, letter or phone with details of Tour America 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 Tour America as described. A copy of your personal information held by Tour America can be provided on request. You have the right to have any inaccurate personal information rectified or erased.
B) 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 customs and immigration authorities of any country in your itinery.
Identity of Carriers: We are obliged to inform you, at time of booking, of the identity of the operating air carrier(s) which is due to perform, or likely to perform, your flight and if there are any changes to the operating air carrier(s) we are obliged to inform you of any such change(s) as soon as possible. If we don’t know the identity of the operating carrier(s) at time of booking, we must inform you of same as soon as such identity is established. In all cases, we are obliged to inform you of the identity of the operating air carrier at check-in or on boarding, where no check-in is required for a connecting flight.
In the case of sea travel the provisions of the Athens Convention 1974 relating to the carriage of passengers and their luggage by sea may apply. This Convention and the sea carriers conditions of carriage may continue to apply to you and your party throughout you stay on board the ship, and during boarding and disembarkation. This Convention presumes that your baggage has been delivered undamaged unless you give full written details to the carrier (i) in the case of apparent damage before you disembark from the ship; or (ii) in the case of damge which is not apparnent or loss within 15 days of disembarkation or from the time when the baggage should have been redelivered to you.
Administered under the Rules of The Chartered Institute of Arbitrators - Irish Branch (‘the Institute’).
Most problems related to a holiday are resolved by informal discussions directly between the Organiser/Retailer and the Consumer. Where agreement is not possible, the matter is then to be referred to Arbitration.
Arbitration is the settlement of a dispute by an impartial Arbitrator. Arbitration is a private dispute resolution procedure and is a legally binding means of resolving such a dispute. An Arbitration Agreement is an agreement to refer a dispute to Arbitration, usually in the form of an Arbitration Clause as included in the standard booking conditions of the Organiser. A submission to Arbitration is called a Reference and the decision of an Arbitrator is an Award.
If there is a dispute which cannot be mutually agreed, either party may apply directly to the Institute at 31, Mespil Road, Dublin 4, for the form Request for Appointment of Arbitrator.
This form sets out the information to be submitted: names and addresses of the parties concerned, copies of the booking form and conditions (including Arbitration Clause), details of any legal or other people who are to represent the parties in the Arbitration and an administration fee. This form refers to the Institute’s Arbitration Rules which will apply to the Arbitration and which are briefly summarised as follows (copies of the Rules and the accompanying guidance Notes on Arbitration are available from the Institute at a nominal cost).
Once an Arbitrator has been appointed he is in complete charge of the reference, deciding the procedure as he considers best, and the Institute’s Rules deliberately give him this flexibility.
In this scheme, the Arbitrator will first send out a detailed form for completion by both parties. This will provide him with the details of the actual dispute so he can decide when and where to hold a hearing with both parties to present their cases.
While an award may be made by an Arbitrator based on the documentary evidence sent to him by the parties, it is open to both parties to present their case to him at an informal hearing.
The Arbitrator's decision is made formally in his Award which is sent to both parties. The Award is a final and binding resolution of the dispute.
A fee is payable to the Arbitrator for the conduct of the Arbitration. The Arbitrator has absolute discretion to award costs as he thinks fit.
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