Allways Travel Terms and Conditions
Allways Travel Ltd. General Booking Terms and Conditions:
These conditions govern all bookings with Allways Travel Ltd whose registered office is at 28 Georges Street Arcade , Dublin 2, D02DH79 acting as your agent in the purchase of travel services from Airlines, Hotels, Tour Operators, Transfer Providers, and other travel related suppliers. Our registered trade names and Travel Agent licensing details are available @ https://www.aviationreg.ie/Licence_holderslt.154.html and are subject to change.
All travel arrangements the Company makes are either as (a) your booking agent where your contract is with the supplier(s), that is individual travel arrangements or (b) an agent of the supplier of pre-arranged “packages” or where the Company is the supplier of pre-arranged “packages” as described below:
(a) Individual Travel Arrangements: Where the company, acting on behalf of the consumer, contracts individual travel arrangements with airlines, accommodation providers, cruise or transfer providers or any other travel related suppliers.
If your booking with us comprises a flight only transaction please refer to our FLIGHT ONLY AGENCY BOOKING CONDITIONS available on our website and accessible via links in your booking confirmation and travel documents.
(b) “Packages”: A package is defined as a pre-arranged trip organised by the Company or a Tour Operator combining flights and accommodation/transfers that are sold at an inclusive price, that has a duration of at least 24 hours or includes an overnight stay. For more detailed definitions on what constitutes a “Package” or a “Linked Travel Arrangements” please refer to the legislation listed in the Consumer Protection clause below.
Any booking made, or order placed by you, whether through the Company’s website or otherwise, 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 (for online flight bookings) or a booking statement (for all other bookings) to you by the Company.
No contract between you and the Company shall come into existence until the Company accepts a payment and issues Booking Statement showing an initial payment by you. 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, the Lead Passenger, accepts these conditions on behalf of all members of the party and is responsible for all payments 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.
Where 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.
In the case of Group Bookings (over 9 passengers), by accepting the Terms and Conditions the Group Organiser assumes responsibility of dealing with us on behalf of all passengers in the party.
2.PAYMENT BY DEBIT/CREDIT CARD
A deposit or full payment is required for all products at the time of booking. If the Company is unable to obtain confirmation and cannot offer an alternative, a full refund will be issued. Payment for booking requests made on the website can be made by all major credit and debit cards. In addition, we can accept bank transfers of cleared funds for telesales transactions. The Company will not accept responsibility for cash or cheques sent through the post. Taxes may fluctuate in line with exchange rates and will be recalculated on the day final balance payments are collected. You will be advised if additional monies are due.
Refunds will not be paid to you until they have been received by the Company from the travel supplier. This usually takes 8-10 weeks but may take considerably longer, i.e. up to 6 months. Refunds will be made to the original card used for payment. Where original payments were made greater than 6 months earlier or in the case of expired or stolen cards, we will issue a secure link by email to enable card verification. Any change or reissue fee levied by the Travel Supplier, will incur an additional €50 administration fee by the Company. Please note we can only accept credit cards for clients who have a billing address in Ireland & the United Kingdom and acceptance of cards with billing addresses outside of this is at the company’s discretion.
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:
Note: Most 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. All deposits paid regardless of the type of travel are non-refundable.
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 within 12 weeks before the scheduled date of departure, it must be paid for in full at time of booking or acceptance of the offer. The Company have the right to charge Late Payment Fees if travel arrangements are not paid for in full by balance due date. Please refer to your booking statement for specific payment due dates.
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 your request, 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 you. If you decide to cancel, the cancellation charges set out below apply. If any changes are made once flights 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.
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 we offer on behalf of the suppliers must be paid for in full at the time of booking. As most of these services are non-refundable, cancellation of travel arrangements involving instant purchase and restricted condition 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 (in addition to any supplier cancellation fees): €50-€ 200 per person. Please refer to your booking statement for specific administration fees.
No-Show: If you do not show up and check-in for any flight, hotel, car hire or transfer on time, and or otherwise do not avail of any product or service booked by the Company on your behalf, you will not be entitled to any refund. Please note that if you have purchased a return flight and you do not use the first flight, most airlines automatically cancel the remaining flights in your itinerary.
You will be notified on your confirmation invoice (for online flights bookings) and on your booking statement (for all other bookings) if different cancellation charges apply.
4.CANCELLATIONS AND ALTERATIONS BY THE COMPANY
Changes: 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.
Changes: Occasionally due to reasons beyond the Company’s control, it may be necessary to amend the flights and/or other services which make up a package booking after it has been confirmed. Such changes are considered to be either “major” or “minor” as defined above.
Whilst the Company has the right to make a minor change at any time without notification, major changes will be advised as soon as is practicable offering you the choice of (a) accepting the amendment as notified (b) purchasing another arrangement from the Company with the price difference payable/refundable as appropriate (c) cancelling the arrangement(s). If you choose (c) all monies paid to the Company for the package will be refunded.
Cancellations: Should your flight be cancelled, your rights and remedies will be governed by the airline’s terms and conditions of carriage. As a result you may be entitled to (a) carriage on another flight with the same airline without additional costs (b) re-routing to your destination with another carrier without additional cost
(c) receiving a full refund or (d) some other right or remedy. Please note your rights and remedies under EC261/2004.
Cancellations: The Company reserves the right to withdraw or cancel the service on offer. If the booking is cancelled before departure for any reason other than non-payment by you then you will be offered the choice of purchasing another arrangement from the Company, with the price difference payable/refundable as appropriate, or of receiving a full refund of all monies paid to the Company (except insurance premium and any amendment fees). In addition, unless the cancellation has been caused by “force majeure” compensation will be paid on the scale set out in this Clause. The Company will never cancel a package within 30 days of departure except for reasons of “force majeure” as defined below.
“Force Majeure”: includes war, threat of war, riot, civil disobedience or strife, industrial dispute, terrorist activity, global or continental pandemics, natural or industrial disaster, fire, adverse weather conditions, level of water in rivers, technical or maintenance problems with transfer, unforeseen operational decisions of air carriers such as changes of schedule, or any unforeseeable or unavoidable event beyond the Company’s control.
7.PRICING AND DESCRIPTION POLICY
All fares displayed on the Company’s websites are for information purposes only and are subject to alteration at any time prior to issue of a confirmation invoice, either due to error on the Company’s part or unforeseen fare increases levied by the Travel Service Provider(s) in question. Whilst we have taken every due care and diligence with the production of our website and prices, there may be occasions beyond our control where certain facilities / room types are withdrawn by the accommodation providers. We will not be held responsible if, for any reason, these facilities / room types are withdrawn. No compensation is payable in the event of withdrawal of any facilities / room types.
All fares and other information displayed on our website are subject to availability and all booking requests will be subject to confirmation by a member of staff. Whilst we have taken every due care and diligence with the production of our website and fares, the Company accepts no responsibility where the description of the Airline cabin (e.g., Economy, Premium Economy, Business, First) is either incorrect or describes only most of the travel, as these descriptions are provided by the supplier or third-party booking systems.
In the event of a genuine website error or inaccuracy, we reserve the right to withdraw an offer immediately. The Company reserves the right to cancel all confirmed bookings that are subject to genuine website error or inaccuracy. In the event of such cancellation the Company´s only liability shall be to refund the ticket price paid by the customer.
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) Individual Travel Arrangements: 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.
(b) Packages: All prices quoted are stated in Euros and are based on tariffs and exchange rates current and appropriate at the time of publication and booking. 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:
(i) transport costs, including the cost of fuel,
(ii) dues, taxes, or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or
(iii) the exchange rates which apply to the particular package.
SERVICE FEES: Please note that we charge a service fee that is included in the final price quoted for your purchase. Service fees for flights are a minimum of €50 per person. Service fees for Car Hire are a minimum of €50 per person. Service Fees for Hotels are a minimum of €50 per person. Service fees for administration i.e. cancellations or changes are a minimum of €50 per person per transaction.
8.RESPONSIBILITIES OF THE COMPANY
Packages: If any part of the package you book with the Company is not as described and does not reach a reasonable standard, or if you suffer personal injury, illness or death as a result of any improper performance by the Company of the obligations it owes to you under this contract, the Company will pay you reasonable compensation taking into account all relevant factors including the invoice price of your package, any steps it was reasonable for you to take to minimise the inconvenience/damage suffered and the extent to which the deficiency or improper performance can have affected your enjoyment of the package. However, this acceptance of liabilities is subject to the following three qualifications :
(i) The Company will not be liable to pay you any compensation if the deficiency, personal injury, illness or death concerned does not result from any fault on the part of the Company or its suppliers, but is caused by your own acts and/or omissions, by the acts and/or omissions of a third party (excluding one of the Company’s suppliers) or by circumstances which neither the Company nor its suppliers could have anticipated or avoided even exercising all due care.
(ii) The Company’s liability to compensate you and the amount of compensation payable by the Company is limited in accordance with certain international conventions, the Warsaw Convention as amended the Hague Protocol 1955, the Berne Convention 1962, the Athens Convention 1974, and the Paris Convention 1962. Copies of these conventions are available from the Company upon written request but 28 days should be allowed for delivery.
(iii) It is a condition of the payment of compensation to you pursuant to Clause 8 that you notify the Company of any complaint or claim strictly in accordance with Clause 9 below and, further, assign to the Company any rights you may have against any third party in connection with your claim. You must co-operate with the Company and the Company’s insurers in this regard.
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 and, where appropriate and at the Company’s sole discretion, financial assistance up to a limit of €3,175 per confirmation invoice (not per member of your party). Any such financial assistance is for the sole purpose of taking legal proceedings against a third party responsible for your injury, death, or other loss. Assistance must be requested within 90 days of the incident concerned and is repayable to the Company from any monies received from a third party or under any insurance policy.
Nothing in these conditions shall be deemed to exclude or restrict the Company’s liability for death or personal injury caused by its negligence.
9.A. PERSONS WITH SPECIAL NEEDS
It shall be your responsibility to disclose to the Company any physical or mental condition of a member of your party which may be relevant. The Company cannot accept liability for the unsuitability of any travel arrangements where you fail to disclose relevant information. The Company reserves the right to decline to provide travel arrangements for a person with special needs where in the Company’s opinion those arrangements would be inconsistent with those special needs.
Accessible Air Travel: Under European law, if you are disabled or have difficulty moving around, you can receive assistance when you fly. This free service is available to anyone with mobility problems, for example, because of their disability, age, or a temporary injury. To take full advantage of the service * you need to pre-book 48 hours
in advance of your flight. [*it is recommended that if possible you book such services at the time of booking] You can find out more information via http://www.aviationreg.ie/consumer-protection/persons-with-reduced-mobility.136.html
9.B. DOCUMENTS AND CONTACT DETAILS
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.
9.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.
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 contact us on the telephone numbers provided in your travel documents, so that the Company is given the opportunity to help. If a complaint cannot be resolved at the time, you must write within 28 days of your return to the Company’s customer relations manager at the address above 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.
European Commission Online Dispute Resolution (‘ODR’) Platform: You can register your complaint at http://ec.europa.eu/consumers/odr/
10.PASSPORTS, VISAS AND HEALTH REQUIREMENTS
Some information about passport, visa and health requirements may be shown on your confirmation invoice. Clients must check applicable requirements with their Embassy. Please check your visa requirements and note that many countries require that your passport be valid for six months beyond the period of your stay. Transit Visas may be required when changing flights by certain passport holders, you should check with the relevant Embassy if you are changing flights to/from your destination.
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 because of your failure.
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 or airline staff) 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 result. Further, you will be liable to reimburse the Company for any expenses whatsoever it incurs because of your behaviour.
Please note, that between you and any of the suppliers whose services form a part of your booking, the suppliers’ standard terms and conditions will apply. This is particularly important in the case of “Individual Travel Arrangements ” where the company acts only as a booking agent between you and the relevant suppliers. The suppliers’ standard conditions may limit or exclude liability, often in accordance with international conventions. Copies of these conditions may be requested in writing, but up to 28 days must be allowed for delivery.
Please note that a flight described as “direct” will not necessarily be non-stop. All departure/arrival times are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational / maintenance requirements, and the requirement for passengers to check in on time.
The Company is not liable if there is any change to a departure / arrival time previously given to you or shown on your ticket. It is for this reason that all clients are advised to reconfirm their flights, with the airline, 72 hours prior to departure. The Company is also unable to make any special arrangements for you if you are delayed; these matters are at the sole discretion of the airline concerned. Your ticket is your document of travel and the information on the ticket is deemed correct unless advised, to the Company, by you within 72 hours of departure. All prices shown are subject to availability.
If you have any special requests, these will be passed on to the relevant supplier but cannot be guaranteed by the Company.
Thank you for choosing to book with us. You are booking with one of the most financially secure Companies operating in this market. There is a legal requirement on all travel agents to be licensed and bonded. The Company is licensed by the Commission for Aviation Regulation, 3rd Floor 6 Earlsfort Terrace Dublin 2, D02 W773.
It is not always possible to include all departure taxes on your ticket – in some cases departure taxes must be paid locally and these are payable to the Government of the country departed and are non-refundable.
If you are unsure about conditions at your destination you should call the Department of Foreign Affairs, Stephens Green, Dublin 2 or visit their website https://www.dfa.ie/travel/travel-advice/ or https://www.gov.uk/foreign-travel-advice.
18.UNACCOMPANIED CHILDREN UNDER 16
Please note that rules and regulations for children travelling alone may vary by country, so please check the applicable regulations with the local country authorities. It is essential that you speak to one of our sales consultants for exact information on the airline your children are traveling on.
19. DELIVERY OF TRAVEL DOCUMENTS
All travel documents will be given to the Lead Passenger. Where travel services include the provision of physical documents, vouchers etc, these will be issued by recorded post to the postal address provided by the Lead Passenger. Lost or mislaid documents may require full payment to be made again, pending a refund of the original documents.
We cannot recommend strongly enough the importance of taking out adequate travel insurance. Many principals require you to take out travel insurance as a condition of
booking with them to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions of all those on whose health your travel arrangements depend). If you do not disclose relevant information your insurance may not be effective. You must read your policy booklet thoroughly and if you are not satisfied with the cover you can apply for a refund with 7 days of purchase.
21.A. 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 standardised worldwide rating system.
For example, the standard of a 3-star hotel is Dublin is far different from a 3-star hotel in Rome as ratings are determined by local government agencies or independent organisations, and they vary greatly from country to country. In fact, 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 property’s 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 organisations, 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 have a 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 requests an upgrade, or refund, or amendment as a result.
21.B. 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 hotels in many worldwide locations. 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 customer’s responsibility to confirm facilities directly with the hotel at the time of travel.
21.C. 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. Resort fees, local taxes, sales tax etc. Any local taxes will be payable by you directly to the hotel at the time of check in / checkout.
21.D. DESCRIPTIONS AND PHOTOGRAPHS
All pictures and descriptions are displayed in good faith. However in certain circumstances beyond our control accommodation descriptions may be affected, such as sea views, which may be obscured by greenery, such as trees. Although we try to maintain up to date information on any changes, all details displayed should be regarded for general information only. Accommodation categories and star ratings shown on the website are provided by the accommodation, however standards can vary between accommodations of the same class in different countries, it is therefore important that the accommodation details are read in full.
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 Clause 9.
22. ADDITIONAL RESTRICTIONS DUE TO COVID-19
The regulations and guidelines relating to travel during the Covid 19 Pandemic are multiple, wide-ranging, and constantly changing. Whilst we will make every reasonable effort to provide accurate and timely advice and information, it is the responsibility of the lead passenger to ensure all origin and destination requirements are met for all passengers in a booking.
22.A. PRE AND POST TRAVEL HEALTH REQUIREMENTS
It is your responsibility to check in advance of travel if a negative COVID-19 test is required. In addition, all costs associated with testing will be borne by you. You may be required to produce a Health Certificate which confirms that you have tested negative for COVID-19 and/or that you have received an approved vaccine, or you may be subject to airport testing and most locations will require face masks to be worn and other safety precautions to be taken. It may also be necessary to quarantine on your return from travelling abroad. Failure to have correct health requirements in place may prevent you from travelling and no refund will be due if you are denied travel for this reason.
Whilst we will do all we can to assist our customers, should you need to change your flight due to any changes in government advice, we are bound by the Terms and Conditions of your flight operator. If the airline with whom you are due to travel cancels your flight, you will be due a refund or credit. If the flight operates and you decide not to travel you will not be entitled to a refund, only a date change with applicable fare difference and change fees being borne by you.
Should you need to change your accommodation due to Covid-19 we will do all we can to assist you in this matter however we are bound by the rules and regulations of your accommodation provider, so penalties may apply for cancellation or amendment.
22.D. FACILITIES IN RESORT
You should note that products, services, facilities, and amenities at your destination may be subject to amendment, closure, reduced or intermittent availability, prior booking requirements or other additional conditions which may be imposed at short notice for your safety. In addition, for public safety, there may be restricted access to beaches and other leisure facilities at your resort.
22.E. TRAVEL INSURANCE
We advise all travellers to have adequate Travel Insurance cover prior to your departure. It is extremely important that you check with your travel insurance provider that you will be covered for Covid-19.
By booking with us you acknowledge and agree that you accept the inherent risks associated with all parts of your travel.
23.CONSUMER PROTECTION LEGISLATION
The relevant legislation, including definitions of travel services which may be provided and the related consumer protection is:
1982: TRANSPORT (TOUR OPERATORS AND TRAVEL AGENTS) ACT, 1982
1995 PACKAGE HOLIDAYS AND TRAVEL TRADE ACT,1995
2015: DIRECTIVE (EU) 2015/2302 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC.
2019: S.I. 80 of 2019 EUROPEAN UNION (PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS) REGULATIONS 2019.
- S.I.105 OF 2019 EUROPEAN UNION (PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS) (NO. 2) REGULATIONS 2019
ALLWAYS TRAVEL LIMITED FLIGHT ONLY AGENCY BOOKING CONDITIONS
These Agency Terms & Conditions apply when we Allways Travel Limited, a company registered in
Ireland with company number 564754 and registered office address of 28 Georges Street Arcade,
Dublin 2, D02DH79, act as agent in respect of flight only bookings (“Flight Booking(s)”) we make on
your behalf. Please read these Agency Terms & Conditions carefully.
By making a booking with us, the first named person on the booking agrees on behalf of all persons
detailed on the booking that he/she has:
a. read these Agency Terms & Conditions and agrees to be bound by them;
and is authorised on behalf of all persons named on the booking to disclose their personal
details to us, including where applicable, special categories of data (such as information on
health conditions or disabilities and dietary requirements);
c. is over 18 years of age and where placing an order for services with age restrictions declares that
he/she and all members of his/her party are of the appropriate age to purchase those services;
d. accepts financial responsibility for payment of the booking on behalf of all persons
detailed on the booking; and
e. agrees to provide us with a valid email address and contact mobile telephone number for at least the
lead passenger. We are obliged to pass this information to the travel service providers in your booking
so that they may contact you directly in the event of schedule changes or disruption to a trip element.
Where acting as agent, we accept no liability in relation to any Flight Booking(s) or for the acts or
omissions of any airline or other supplier or other person(s) or party(ies) (the “Supplier/Principal”)
connected with any Flight Booking(s).
1. Contract Your contract for Flight Booking(s) will be with the Supplier/Principal connected with any
Flight Booking(s) and will be subject to the Supplier/Principal’s terms and conditions and conditions
of carriage (“Supplier/Principal Terms”). Please read the Supplier/Principal Terms carefully prior to
placing your Fight Booking(s).
A binding contract will exist between you and the Supplier/Principal when we make full payment of
the cost of the Flight Booking(s) to the Supplier/Principal on your behalf, at the time of booking and
we issue the confirmed ticket for your Flight Booking. The booking confirmation will show the price
charged by the Supplier/Principal as well our service fee (if any).
Except where otherwise advised or stated in the Supplier/Principal Terms, all monies you pay to us for Flight
Booking(s) will be held on behalf of the Supplier/Principal and be paid to them in full at the time of the booking.
2. Booking When making your Flight Booking(s) with the Supplier/Principal, we will make full payment
of the cost of the Flight Booking(s) to the Supplier/Principal on your behalf, at the time of booking.
The Supplier/Principal shall issue you with a confirmed ticket for your Flight Booking(s), which we
shall pass on to you immediately upon receipt from the Supplier/Principal. Your Flight Booking(s) is
protected by the Commission for Aviation Regulation CAR under our Travel Agents Licence TA0388.
Please check your booking confirmation, tickets and all other booking documents that you receive
carefully as soon as you receive them. Please check that all names, dates, timings and all other
information is correct and ensure that the names given are the same as in the relevant passport. You
must contact us immediately if any information appears to be incorrect or incomplete as it may not
be possible to make changes later and it may harm your rights if we are not notified of any
inaccuracies in any document immediately, or you may incur the charges stated below.
The booking information that you provide to us will be passed on to the relevant Supplier/Principal.
The information may be provided to public authorities such as customs or immigration if required by
them, or as required by law. This applies to any special category (sensitive) information that you give
to us such as details of any disabilities, or dietary and religious requirements. In making this
booking, you consent to this information being passed on to the relevant persons. Where we collect
3. Ticketing Your confirmed tickets and any other documents relating to your booking will be sent by
email to the email address you provide us at the time of your Flight Booking(s). We will send your
confirmed ticket, immediately upon receipt of the same from the Supplier/Principal.
4. Accuracy We endeavour to ensure that all the information and prices both on our website and in any advertising
material that we publish are accurate, however, occasionally changes and errors occur, and we reserve the right
to correct prices and other details in such circumstances. You must check the current price and all other details
relating to the Flight Booking(s) that you wish to book before your booking is confirmed.
All descriptions and content on our website or otherwise issued by us is done so on behalf of the
Supplier/Principal in question and is intended to present a general idea of the services provided by the
Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are
subject to availability. If you require any further details, in respect of any services please contact us.
5. Special requests If you have any special requests, please let us know at the time of booking. We will
pass on all such requests to the Supplier/Principal, but we cannot guarantee that they will be met,
and we will have no liability to you if they are not.
We do not accept bookings that are conditional upon any special request being met.
6. Insurance Adequate travel insurance is a condition of your contract with the Supplier/Principal. You
must be satisfied that your insurance fully covers all your personal requirements including cover
against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of
accident or illness (including cover for losses occurring, and medical expenses incurred because of
Covid-19); loss of baggage and money; and other expenses. Read the terms of your policy carefully
to make sure that it covers you for everything you need.
7. Fitness to Travel and Medical Condition If you or any member of your party have any medical
problem or disability which may affect your trip, please provide us with full details before we confirm
your booking so that we can try to advise you as to the suitability of your chosen Flight Booking(s).
Acting reasonably, if the Supplier/Principal is unable to properly accommodate the needs of the
person(s) concerned, we will not confirm your booking or if you did not give us full details at the time
of booking, we or the Supplier/Principal may cancel it and impose applicable cancellation charges
when we/the Supplier/Principal become aware of these details.
8. Changes and Cancellations by you Any cancellation or amendment request must be sent to us in
writing and will take effect from the day we receive it. Please ensure that you have received written
confirmation of any changes to your booking prior to travel. Amendments and cancellations can only
be accepted in accordance with Supplier/Principal Terms. The Supplier/Principal may charge the
cancellation or amendment charges shown in their Supplier/Principal Terms (which are almost
always 100% of the cost of the Flight Booking(s) regardless of the point at which you cancel). In
addition, you must pay us the administration fees as set out in the Service Charges table below. We
will notify you of the exact charges at the time of amendment or cancellation.
Please note: some Supplier/Principals do not allow changes and therefore full cancellation (100%)
charges will apply.
9. Changes and Cancellations by the Supplier/Principal We will inform you of any changes or
cancellations made by the Supplier/Principal as soon as reasonably possible. If the
Supplier/Principal offers an alternative Flight Booking(s) or a refund, you will need to let us know
your choice within the stipulated time frame. If you fail to do so the Supplier/Principal is entitled to
assume you wish to receive a full refund. We accept no liability for any changes or cancellations
made to your Flight Booking(s) by the Supplier/Principal under your contract with them.
10. Our Service Charges In certain circumstances we apply an administration charge for the
services we provide:
SERVICE ADMINISTRATION CHARGE
Cancellation or Amendment Supplier/Principal’s charge + €50 to €200 (the exact
amount to be notified at the time of booking)
Special requests after booking have been confirmed Supplier/Principal’s charge + €50 to €200 (the exact
amount to be notified at the time of booking) per
11. Our responsibility Your contract is with the Supplier/Principal and its Supplier/Principal Terms
apply. As agent, we accept no responsibility for the actual provision of the flight or other services
that form part of your Flight Booking(s). Our responsibilities are limited to making the booking in
accordance with your instructions. We accept no responsibility for any information about the Flight
Booking(s) that we pass on to you in good faith. However, if we are found liable to you on any basis
whatsoever, our maximum liability to you is limited to twice the cost of the service fee we earned on
your booking (or the appropriate proportion of this if not everyone on the booking is affected). We
do not exclude or limit any liability for death or personal injury that arises because of our
negligence or that of any of our employees whilst acting in the course of their employment.
12. Conditions of Suppliers/Principals The services that make up your Flight Booking(s) are provided by
independent Supplier/Principals. Those Supplier/Principals provide these services in accordance with their
own Supplier/Principal Terms which will form part of your contract with us. Some of these Supplier/Principal
Terms may limit or exclude the Supplier/Principals’ liability to you, usually in accordance with applicable
International Conventions. Copies of the relevant parts of these Supplier/Principal Terms are available on
request from ourselves or the supplier concerned. Please contact us if you do not have a copy.
13. Complaints As we act as agent, the contract for your Flight Booking(s) is between you and the
Supplier/Principal and any queries or concerns should be addressed to them. If you have a problem
during your flight, this must be reported directly to the Supplier/Principal immediately. If you fail to
follow this procedure, there will be less opportunity to investigate and rectify your complaint. The
amount of compensation you may be entitled to may be reduced or you may not receive any at all
depending upon the circumstances.
14. Force Majeure Except where otherwise expressly stated in these Agency Terms & Conditions we will not be
liable to you for delay or failure to perform our obligations under these Agency Terms & Conditions due to a
“Force Majeure”. For the purposes of these Agency Terms & Conditions, Force Majeure means any event
beyond our or our supplier’s control, the consequences of which could not have been avoided even if all
reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof),
civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination ,
epidemics or pandemics (including the ongoing impact of the COVID-19 pandemic and any new strain of the
coronavirus) or natural disasters such as floods, earthquakes or weather conditions which make it impossible
to travel safely to the travel destination or remain at the travel destination, the act of any government or other
national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure,
natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport
and all similar events outside our or the supplier(s) control.
15. Entry, visa, immigration, passport and health requirements It is your responsibility to check and fulfil the
entry, passport, visa, health and immigration requirements applicable to your Flight Booking(s). We can
only provide general information. You must check specific requirements with the relevant Embassies
and/or Consulates and your own doctor as applicable. Requirements do change and you must check the
up-to-date position in good time before departure. Most countries now require passports to be valid for
at least 6 months after your return date. If your passport is in its final year, you should check with the
Embassy of the country you are visiting. For further information visit www.dfa.ie/travel. Please take
special note that for all air travel within the Common Travel Area, airlines require photographic
identification of a specific type. Please ask us for full details.
Up to date travel advice can be obtained from the Dept of Foreign Affairs (“DFA”) at
www.dfa.ie/travel. Non-national passport holders, including other EU nationals, should obtain up to
date advice on passport and visa requirements from the Embassy, High Commission or Consulate
of your destination or country(ies) through which they are travelling.
We do not accept any responsibility if you cannot travel or incur any other loss because you have
not complied with any passport, visa, immigration requirements or health formalities. You agree to
reimburse us in relation to any fines or other losses which we incur because of your failure to
comply with any passport, visa, immigration requirements or health formalities.
16. DFA Advice You are responsible for making yourself aware of DFA advice regarding the safety of the
countries and areas in which you will be travelling and to make your decisions accordingly. Advice from
the FCDO to avoid or leave a particular country may constitute Force Majeure (see condition 14).
17. Advance Passenger Information Several Governments require air carriers to provide personal
information about all travellers on their aircraft to the Authorities before the aircraft departs. The data
will be collected either at the airport when you check in or in some circumstances when, or after you
make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where
18. Final Travel Arrangements/Check in Please ensure that all your travel, passport, visa and insurance
documents are in order and arrive at least at least two hours before departure for check in at the
airport even if you have checked in online. If you fail to do so, you are likely to be refused access to
the flight and deemed to be a no show: No refunds will be made, and 100% cancellation charges
will be applied to the full cost of your Flight Booking(s).
It may be necessary to reconfirm your flight with the airline prior to departure. If you fail to reconfirm
you may be refused permission to board the aircraft and you are unlikely to receive any refund.
19. Luggage We cannot accept responsibility for any loss, damage or delay to your luggage unless directly
caused by the negligence of one of our employees. In the unlikely event that your luggage is lost,
damaged or delayed in transit, you must immediately report this to the airline, or other appropriate
person in authority, and obtain a report. If you fail to report any loss, damage or delay in accordance
with the airline’s terms and conditions, neither we nor the airline can consider your claim.
20. Luggage Allowance Most airlines allow a free checked baggage allowance for your flight which will depend on
the airline, destination and class of travel. This allowance will be based on the weight of your baggage and/or
the number of pieces. You will be subject to excess baggage charges by the airline if you exceed the stated
allowance. Children and infants may have a reduced allowance for checked baggage. Restrictions also apply
to the amount of cabin baggage you can take onboard the aircraft. Please contact us if you are in doubt about
your baggage allowances. If you need to carry items which exceed of any maximum weight limits such as
sporting equipment, musical instruments, electric wheelchairs or TV news cameras etc. you should make
special arrangements with your airline in advance as no responsibility for their carriage is accepted.
21. Law and Jurisdiction These Agency Terms & Conditions and any agreement to which they apply
are governed in all respects by Irish law. We both agree that any dispute, claim or other matter
which arises between us out of or in connection with your contract or booking will be dealt with by
the Courts of Ireland only.