Terms and Conditions

Terms & Conditions The clients’ contract is with Caribtours Ltd (Registered Company Number: 01402297), having its registered address at 210 New Kings Road, London SW6 4NZ. Tel: 00 353 1 431 9700.

Booking Requests The appropriate deposit is required at the time of booking; since we do not require a booking form, your Travel Adviser will confirm all details of your booking and it is vital that you ensure that these are correct and correctly reflected on your confirmation invoice.

Confirmation The booking is not accepted until a confirmation invoice has been issued by Caribtours. If a booking is not accepted or Caribtours is unable to make reservations as requested and no acceptable alternative arrangements can be made, all monies will be refunded.

Payments A deposit of €300 per person is payable at the time of booking (except yacht charters, villa and cruising holidays where between 15% and 50% of the total holiday cost is required, flights on selected routes where full payment is required or when flight tickets have to be issued earlier than usual, and some hotels in high season where an increased deposit must be collected). This deposit is the client’s only financial obligation until eight weeks prior to departure. A confirmation invoice will be issued when all reservations have been made, full payment of which is due eight weeks prior to departure. If the booking is made within eight weeks of departure, full payment is required at the time of booking. If the holiday is arranged through a travel agent, all monies paid by the client to the travel agent, under or in contemplation of a contract with Caribtours, are held by the travel agent as the agent of Caribtours, until the date on which the agent pays the money to Caribtours. Note: Non-payment or late payment outside of these terms may result in the cancellation of the booking (with cancellation charges being applied), or alterations to the booking.

Prices & Caribtours’ Price Guarantee We reserve the right to alter the prices of any of the holidays shown on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. The holiday price shown on your confirmation invoice is guaranteed, and will not be subject to any changes or surcharges, unless the client elects to change the confirmed booking (see Cancellation or Alteration sections on this page).

Out of date range flights In cases where the flights requested are not yet available to book, a contract will come into existence on the basis the price payable will be that applicable when the airline releases the seats for sale, which may be different to that advertised at the time of booking.

Cancellation by the Client If you need to cancel a confirmed booking, then this must be notified to Caribtours in writing; the cancellation will be effective from the day such written notification is received. Subject to when notification of a cancellation is received, the following scale of charges will be payable by the client:

Days before departure          Cancellation Charge

56 days or more                     Forfeit deposit
55-43 days                             40% of total  
42-29 days                             60% of total
28-16 days                             75% of total
15-3 days                               90% of total
Within 2 days                          100% of total

We strongly recommend that our clients secure adequate travel insurance at the time of booking. Please note that Caribtours no longer offers insurance policies.

Alteration by the Client Caribtours will do its very best but cannot guarantee to comply with any request by the client for alteration to a confirmed booking prior to departure. Caribtours will charge an administrative fee of €25 per person per alteration and will pass on any associated costs incurred before, during or after the holiday and passed on by our suppliers; alterations made by the client within six weeks of departure will be subject to a €50 per person per alteration fee. Any alterations are only possible if our suppliers permit them. It is essential that clients ensure that details of all names provided to their Travel Adviser and shown on the confirmation invoice compare exactly with those on each passport. Please note that airlines will usually refuse amendments to reservations after departure except on the payment of a fee, which varies from airline to airline up to and including the full one-way published fare. Any additional costs resulting from an earlier or later return than the one scheduled will be the client’s responsibility.

Cancellation or Alteration by Caribtours Every effort will be made to operate each client’s holiday as advertised but Caribtours reserves the right to modify or cancel any holiday arrangements at any time up to 8 weeks before departure. In the event that Caribtours is compelled to cancel or alter holiday arrangements due to reasons beyond its control, every endeavour will be made to provide suitable alternative arrangements of the same standard, or if the client prefers, Caribtours will refund all monies paid. Caribtours will make every effort not to materially modify or cancel the holiday within 8 weeks of departure, except in circumstances amounting to force majeure*. A material change is, for example, one which involves a change of UK airport (except between Gatwick and Heathrow), the destination, the booked accommodation to a lower rating, the departure time or length of holiday by more than 12 hours (except for curtailment or force majeure). A minor change is any other change. In the event of building work, extended hotel closure or similar circumstances which result in the accommodation reserved being unavailable, Caribtours will take all reasonable steps to provide accommodation of a similar or higher standard at no extra cost, or if this is unavailable, a lower standard of hotel and a refund of the difference in price of the accommodation. Compensation will only be paid for a material change as follows:

Number of days prior          Compensation per person 
to departure  
 
42-56 days                            €15
29-41 days                            €20
15-28 days                            €30
0-14 days                              €40

* FORCE MAJEURE – if any holiday has to be modified or cancelled because of war, threat of war, riots, civil commotion, strikes, disasters, terrorist activity, fire, adverse weather conditions, unavoidable technical problems to transport, epidemic or pandemic illness, closure or congestion of airports and similar events beyond Caribtours’ control, Caribtours will endeavour to offer alternative arrangements or, if the client prefers, make a full refund of all monies paid. Compensation will not be payable in circumstances amounting to force majeure.

Insurance It is essential that you and all members of your party are covered by a policy of travel insurance. Policies can be purchased through travel agents and banks or direct from insurers. The policy should cover personal accident, death, medical and repatriation expenses, loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses.

Liability Caribtours publishes this website on its own responsibility which does not commit any airlines mentioned herein or suppliers whose services are used during the course of the holiday. Caribtours takes all reasonable steps to ensure that those who are involved in the planning and provision of the holiday maintain the highest standards. All information given in this website is correct at the time it is prepared, but services or facilities may be changed. Wherever possible, clients will be advised of changes prior to departure. If the client considers any particular facility to be vital to their holiday, they must advise Caribtours in writing of this no later than 4 weeks prior to departure. This includes smoking, as many of our resorts have strict policies. Caribtours will endeavour to confirm that the facilities are still available subject to inclement weather or unforeseen eventualities. Caribtours will accept liability for matters which arise as a direct result of the Company’s negligence and/or breach of its contractual duty to exercise reasonable care in making arrangements for its passengers, including any acts or omissions by its employees, agents or suppliers. Where the services in question consist of carriage by air or by sea, Caribtours shall be entitled to limit its obligations and liabilities in the manner provided by international conventions in respect of air or sea carriers. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of, 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. Our liability will also be limited in accordance with and/or in an identical manner to

(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and

(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.

You can ask for copies of the transport companies’ contractual terms, or the international conventions, from our offices - 210 New Kings Road, London SW6 4NZ. Tel: 00 353 1 431 9700.

Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Commission for Aviation Regulation on 00 353 1 6611700/www.aviationreg.ie, in the case of flights departing from Ireland or the Civil Aviation Authority on 00 44 20 7453 6888 / www.caa.co.uk, in the case of flights departing from the United Kingdom.

The contract arising from any confirmed holiday booking is to be interpreted under, and is subject to, the laws of the Republic of Ireland to the application of the law of in that jurisdiction.

Anne Dolan & Co., Solicitor, 8 Leicester Avenue, Rathgar, Dublin 6 is Caribtours’ nominated agent for service of proceedings for the purposes of Section 14(h)(ii)the Package Holidays and Travel Trade Act, 1995.

Caribtours, at its discretion, will offer assistance to a client in the form of advice, guidance and initial financial help where appropriate, who through misadventure, suffers illness, personal injury or death during the period of their holiday, arising out of an activity which does not form any part of the foreign inclusive holiday arrangements, nor an excursion offered through Caribtours. Costs in respect of the above on behalf of the client and party shall not exceed £5,000 in total. This service is provided by a legal expenses insurance policy which Caribtours has taken out for its customers’ benefit.

Your Financial Protection Caribtours holds a Travel Agent’s Licence Number T.A 0764 issued by the Commission for Aviation Regulation and as a requirement have arranged an approved secured bond. This means that when you book a holiday with us, you can be entirely confident that in the unlikely event of our insolvency before or during your holiday, any money you have paid to us is fully secured, and if you are overseas, that full arrangements will be made to repatriate you at the end of your holiday.

Passports/Visas/Vaccinations All clients are themselves responsible for ensuring that they have a valid passport, appropriate visas and conform to the health regulations regarding vaccinations current at the time of travel.

Luggage Caribtours is only liable for loss or damage or delay to luggage caused by the direct negligence of Caribtours.

Special Requests Caribtours will make every reasonable effort to make arrangements which comply with special requests, but cannot and does not guarantee that there will be compliance with the special request/s. Furthermore, Caribtours has no legal liability whatsoever in the event that the holiday arrangements do not comply with the special request.

Complaints If the client has a complaint during the holiday, they should contact the local Caribtours representative or the hotel manager. These individuals are best placed to put matters right immediately and may well be able to do so. Failure to make such contact could result in loss of any legal right in connection with matters causing complaint. If there is still cause for complaint on return to the UK, the client is required to seek satisfaction by writing to Caribtours within 28 days of the end of the holiday, providing full details of the holiday and the reason for the dissatisfaction. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may be referred to arbitration, if the customer so wishes, 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. The application for arbitration and Statement of Claim must be received by the Chartered Institute of Arbitrators within nine months of the date of return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees.

Data protection In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name, address, personal information including any special needs/dietary requirements, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We are required to pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies, etc. The information may be required and provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information onto any person who is not responsible for part of your travel arrangements. This applies to any sensitive information that you give us such as details of any disabilities or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. You are entitled to a copy of your information held by us. If you would like to see this, please contact us at Caribtours Ltd.

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