Terms & Conditions These are the terms and conditions which will apply to your holiday please read them carefully as you and everyone in your booking will be bound by them. The combination of travel services offered to you is a package within the meaning of the Package Holidays and Travel Trade Act, 1995. Therefore, you will benefit from all EU rights applying to packages. Caribtours will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Caribtours has protection in place to refund your payments and, where transport is included in the package travel contract, to ensure your repatriation in the event that it becomes insolvent.
Your contract is with Caribtours Ltd (Registered Company Number: 01402297), having its registered address at 126 New Kings Road, Fulham, London SW6 4LZ. Tel: 01431 9700.
Booking Requests If you are considering booking a cruise or yacht holiday with Caribtours please call 01431 9700 for a copy and we will send this to you.
You are asked to provide full details at the time of booking if you or any person travelling in your booking has reduced mobility in order that Caribtours can consider whether the holiday, cruise holiday and any shore excursion is generally suitable for persons with reduced mobility. The appropriate deposit is required at the time of booking. 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 minimum deposit of €300 per person is payable at the time of booking for non-European bookings / 50% of booking value for European bookings (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 your only financial obligation until ten weeks prior to departure (or earlier where advised). Some holidays maybe subject to higher deposits and allow for less flexibility on amendments and cancellations by you. Your travel adviser will clarify the applicable deposit and payment terms for each booking you make with us.
The appropriate deposit is required at the time of booking. 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. A confirmation invoice will be issued when all reservations have been made and this shows the final balance due date. If the booking is made within ten 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 you 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 The prices shown serve as a guide only and were calculated using the exchange rate and hotel and flight prices at the time (July 2019). Prices can go up and down. You will be advised of the current price of your holiday at the time of booking and before your contract is confirmed, and the price shown on your confirmation invoice is guaranteed except in the following circumstances:
(a) Where you elect to change the confirmed booking (see ‘Cancellation or Alteration by you)
(b) Transportation costs (fuel and other power sources, airline surcharges, taxes or levies) imposed on Caribtours alter significantly - Levies or taxes introduced by the UK government are imposed or changed
(c) Exchange rates vary significantly. In which case a surcharge will be passed on and a revised invoice issued.
If any surcharge is greater than 8% of the cost of your holiday Caribtours will notify you of any increase under paragraphs (b) and (c) above at the latest 20 days before the start of your package holiday, in these circumstances you will be entitled to either accept the proposed changes or to cancel your booking and receive a full refund. you must exercise your right to do so within 14 days from the issue date printed in the invoice or such other time as may be specified. Failure to do so will be taken by the Caribtours that you accept the change in price. Caribtours shall refund within 14 days from the time the contract is terminated. If you do not wish to cancel the booking, you can accept the proposed price change. Where you exercise your right to cancel you may accept a substitute package where this is available.
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.
Flight Ticketed Early Any flights which have been ticketed at your request earlier than 30 days prior to travel will be subject to 100% cancellation charges and above our standard terms and conditions.
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
70 days or more Forfeit deposit
69-56 days 20% of total cost of the holiday
55-43 days 40% of total cost of the holiday
42-29 days 60% of total cost of the holiday
28-16 days 75% of total cost of the holiday
15-3 days 90% of total cost of the holiday
Within 2 days 100% of total cost of the holiday
We strongly recommend that you secure adequate travel insurance at the time of booking. Please note that Caribtours does not offer insurance policies.
You have the right to cancel the holiday contract before the start of the holiday without paying any cancellation fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination and significantly affecting the performance of the holiday. In such circumstances you shall be entitled to a full refund or any payments made for the holiday but shall not be entitled to additional compensation. This may cover for example warfare, other serious security problems such as terrorism, risk to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract.
Alteration by the Client You may transfer your holiday contract to another person who can comply with all the terms of the contract, provided Caribtours is given 7 days’ notice in writing before the start of the holiday. Where Caribtours agrees to the transfer, both you and the substituted Passenger shall be jointly and serverally liable for the payment of any balance due and for any reasonable additional fees, charges or other costs arising from the transfer. Caribtours will do its very best but cannot guarantee to comply with any request by you 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 you within ten 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 you ensure that details of all names provided to your Travel Adviser and shown on the confirmation invoice compare exactly with those on each passport of all passengers travelling on the booking.
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 your 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 unavoidable and extraordinary circumstances reasons beyond its control the consequences of which could not have been avoided even if all reasonable measures could have been taken, every endeavour will be made to provide suitable alternative arrangements of the same standard, or if you prefer, 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 for reasons of unavoidable and extraordinary circumstances*. A material change is, for example, one which involves a significant change of airport, 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 due to unavoidable and extraordinary circumstances). 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. Caribtours shall not be liable for alteration or cancellation as a result of such events which are
(i) attributable to a third party unconnected with the provision of the package holiday or
(ii) which are extraordinary and unavoidable or
(iii) are due to unusual and unforeseen circumstances beyond the control of Caribtours, which could not have been avoided with due care or that Caribtours could not have foreseen or forestalled.
Caribtours may also cancel your holiday contract and give a full refund to you for any payments made for the holiday, without paying any additional compensation if: the number of Passengers booked do not meet the minimum numbers required for any package holiday and Caribtours notifies you of the cancellation of the holiday contract no later than:
20 days before the start of the holiday in the case of trips lasting more than 6 days
7 days before the start of the holiday in the case of trips lasting between 2 and 6 days
48 hours before the start of the holiday in the case of trips lasting less than 2 days
Compensation will only be paid for a material change as follows:
Number of days Compensation prior to departure per person
42-70 days €10
29-41 days €20
15-28 days €40
0-14 days €50
*Unavoidable and extraordinary circumstances –means that if any holiday has to be modified or cancelled because of war, threat of war, terrorism, riots, civil commotion, strikes, act of parliament, change in legislation, disasters, terrorist activity, fire, adverse weather conditions, natural disasters such as floods earthquakes, 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 unavoidable and extraordinary circumstances.
In the event of a material Alteration prior to departure of an essential term of your package holiday, Caribtours will inform you of any cancellation or change of itinerary in writing as soon as reasonably possible and you will be offered a choice of: a. To cancel and receiving a full refund of any monies paid; or b.accepting the alteration or booking another package holiday of equivalent or superior quality, if available or booking another package holiday of a lower quality, if available, with a refund of the difference in price.
Caribtours shall refund any money paid by you within 14 days from the time your contract is at an end. You must notify Caribtours of your decision in writing within 7 days of receiving the notification or alteration or such time as may be reasonably stipulated. Caribtours will not be liable with indirect or consequential losses.
In respect of a significant alteration of the package holiday or Cruise after departure, then Caribtours will make suitable alternative arrangements at no extra cost to you for the continuation of your holiday or Cruise. If you do not accept these for good reason or it is impossible to make suitable alternative arrangements, Caribtours will where possible transfer you back to the place of departure or to another place to which you have agreed with us. Compensation will not be payable if the alteration is minor or does not affect the value of the holiday or Cruise or if Caribtours is not able to provide a significant proportion of the package due to an unavoidable and extraordinary circumstance or is not at fault. The Cruise Carrier cannot guarantee due to any extraordinary and unavoidable circumstance that the Cruise will call at every Port on the itinerary or follow every part of the advertised route or schedule. Cancellation in these circumstances of part of the itinerary, substitution of ports or unavailability of some services on board the vessel will not amount to a significant alteration.
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. You should advise the name of your own insurer so to indicate to Caribtours that you have in fact taken out adequate insurance cover.
Our Responsibility and Liability Caribtours publishes the brochure and 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 the brochure and on our 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.
Caribtours accepts responsibility for ensuring that all elements of your holiday are as described in the brochure and on the website and are of a reasonable standard. Local laws and regulations of the relevant country will be relevant in assessing performance of the services of any Supplier. In the event of a complaint by you, this Contract will be regarded as having been performed if local laws and regulations relating to those services have been satisfied, even if the laws of Ireland have not been met.
If you and/or any other person included in your booking suffers injury, death or loss of or damage to property as a result of the non-performance or improper performance of any service which Caribtours is contractually obliged to provide, then Caribtours liability, if any, to pay compensation shall be governed by the international conventions which govern such services. This limitation applies whether or not any particular international convention has been signed or ratified in Ireland; or as any particular convention may be applicable by the operation of Irish Law. Liability for death and or personal injury and or loss of or damage to luggage in respect of international carriage by sea is governed by EU Regulation 392/2009 relating to the Liability of Carriers of Passengers by Sea in the Event of Accidents (“EU Regulation 392/2009”) and the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974 (“the Athens Convention 2002”).
Carriage by air is governed by the Warsaw Convention 1929 (whether as amended by the Hague Protocol 1955 or the Montreal Protocol 1999 or otherwise) and the Montreal Convention 1999 relating to the international carriage of Passengers and their luggage by air. The Montreal Convention may be found at: http://www.irishstatutebook.ie/eli/2004/act/11/enacted/en/print.html. The Montreal Convention limits liability in case of death or injury to Passengers for damages arising under Paragraph 1 of Article 17 not exceeding 113,100 Special Drawing Rights (SDR’s) (equivalent to approx. €142,435) for each Passenger and limits liability in relation to delay of baggage in case of damage caused by delay as specified in Article 19 in the carriage of persons, the liability of the Carrier for each Passenger is limited to 4,150 SDR’s (equivalent to approx. €5225). Please note that international conventions limit not only the amount Caribtours may be liable to pay but also the time within which proceedings against it may be brought. Where there may be no international convention which applies and in the case of loss or damage to personal possessions, luggage or valuables during carriage of any kind is limited to the same amount and in the same manner as that of the actual carrier of whatever kind.
No claim for death and or personal injury and or loss of or damage to luggage can be brought against Caribtours or any carrier otherwise than in accordance with these Conventions and or Regulations in respect of carriage by air and or by sea. If you or any member of your party suffers damage arising out of an activity which does not form part of the holiday arranged through Caribtours, Caribtours will offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided Caribtours is advised of the incident within 90 days of the occurrence. Where legal action is contemplated Caribtours authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any costs recovered or any benefits received under an appropriate insurance policy to Caribtours. Caribtours costs in respect of the above on behalf of you and your party shall not exceed €5,000 in total.
In respect of any loss or damage to property including luggage which are not covered by any international conventions, and where liability is not limited by reference to any enactment, terms or conditions, then any legal liability that the Carrier may have for any such losses or damage will be limited to €500 per Passenger.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. 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) all international convention stated above, including the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limits 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 – 126 New Kings Road, Fulham, London, SW6 4LZ. 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 above. 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 10(i)(i)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 When you buy an ATOL protected flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. Many of the flight-inclusive holidays we sell are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed online or in our brochures. Please ask us to confirm what protection may apply to your booking.
If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. For more information about financial protection and the ATOL Certificate go to: http://www.caa.co.uk/ATOL-protection/Consumers/ATOL-certificate. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to the client). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under their contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or the client’s credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums the client has claimed under the ATOL scheme.
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 by you to notify Caribtours or its representative may be taken into account when determining any price reduction or compensation for damages where such notice would have avoided or reduced the damage. Caribtours shall remedy any lack of performance of the services under the package or Cruise holiday contract raised by you unless: It is impossible to do so, or will incur disproportionate costs, taking into account the extent of the any lack of performance and the value of the contractual service affected. If there is still cause for complaint on return from your holiday, 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.
Data protection In order to process your booking and to ensure that your travel arrangements run smoothly and that we comply with our legal obligations to perform your holiday we require you to provide personal data relating to all persons travelling on the booking, including children (data subjects). We collect such personal data in accordance with our privacy and data protection policies in accordance with relevant data protection laws including Regulation (EU) 2016/679. Personal data means any data relating to the data subject, such as name, address, date of birth, bank or credit card details, biometric data for the purpose of uniquely identifying you, data concerning health for the purposes of monitoring and alert purposes, the prevention or control of communicable diseases and other serious threats to health, including any special needs/dietary requirements. Sensitive data includes racial or ethnic origin and religious beliefs.
In accordance with our policies we shall only seek such personal data as is necessary to comply with our legal obligations (for example immigration and governmental requests) or to perform the contract safely which includes information relating to medical conditions, reduced mobility or any disability which may be relevant to providing appropriate facilities and/or assistance or assessing whether the holiday or any element provided is safe and suitable. Such personal data you provide us may be stored, used, disclosed by transmission or otherwise made available to other suppliers or third parties in order to enable us to perform different parts of our contract with you. We will only process any data about you that is relevant and necessary and where we are required to pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies covering various components of your holiday with us.
Your personal data may be required and provided to security or credit checking companies, public authorities such as customs/ immigration or as required by law. We take full responsibility for ensuring that proper security measures are in place to protect your personal data, including the security measures of any company or person processing your personal data on our behalf. Additionally, where your holiday is outside the European Union (EU), controls on data protection in your destination may not be as strong as the legal requirements in Ireland or any EU countries. However, we will only transfer your personal data to a third country or an international organisation if the third country or international organisation processing your personal data has provided appropriate safeguards, and on condition that your rights and legal remedies in respect of your data are available.
We will not pass any of your personal/sensitive data onto any person who is not responsible for any part of your travel arrangements and the request for the personal/sensitive data is not necessary for the performance of your contract with us. We will retain your personal data in our archived system for up to 7 years from the last use of such personal data to allow us to comply with legal obligations relating to bookings and for the additional purpose of defending any legal action brought against us in relation to your contract with us. We will only keep your personal data for as long as it is necessary or is required by law. You are entitled to seek access to personal data held by us in accordance with our policies and to ask us to rectify inaccurate personal data concerning you or to delete sensitive data subject to the policy and any legal basis on which we may object.
Law and Jurisdiction All disputes and matters howsoever arising between you and Caribtours shall be governed by Irish Law and shall be brought in the courts of Ireland and shall be subject to the exclusive jurisdiction of the courts of Ireland. All booking conditions are correct at time of printing.