Registered Address: Marina House, Clarence Street, Dun Laoghaire, Co. Dublin, CRO. No 159936
Tour Operator Licence Number: TO 101 Travel Agent Licence Number: TA 731
Telephone: 288 6828. Fax: 288 5187. Website: www.sunway.ie
Please read very carefully the conditions set out hereunder before signing. CONTRACT WITH SUNWAY TRAVEL LIMITED:
No contract shall arise until SUNWAY TRAVEL LIMITED has (i) issued a confirmation number (; (ii) received a deposit or full payment for the holiday; and (iii) has issued written confirmation of its acceptance to the Retailer as the agent of the Organiser or to the Consumer.
A: PACKAGE HOLIDAYS: BOOKING TERMS AND CONDITIONS
The following Terms & Conditions apply when you book a Package Holiday with us.
In this Booking Form the word “Organiser” means, Sunway Travel Limited or Sunway Limited (* please refer above) the person who arranges your transport, accommodation etc. and who offers it as a holiday who is responsible for the proper performance of all travel services included in the booking. “ Consumer” means you, the person who takes or agrees to take the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on your confirmation invoice or any other person to whom you transfer a holiday which you have bought. The “Retailer” is the person who sells or offers to sell the holiday to you, he is not responsible for organising the flight, accommodation or other component parts of the holiday.
The terms of the contract between the Consumer and the Organiser are contained solely in these Booking Conditions,, the Organiser’s confirmation, the Organiser’s brochure or other descriptive material, any airline or sailing ticket issued and the itinerary issued by the Organiser.
(b) The Organiser reserves the right to terminate the contract with the Consumer if the behaviour or conduct of the Consumer either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in his company or that of the Consumer himself, the Organiser or that of the Organiser’s representatives, contractors, agents or employees and the cancellation charges as provided for in clause 3 of this Booking Form are payable by the Consumer Further, where as a result of the Consumer’s actions or the actions of any other person who is listed on this Booking Form either or both of the following incidents occurs:
(i) there is a delay or diversion to the means of transportation the subject of this contract;
(ii) the accommodation in which the Consumer is staying is damaged; the Consumer, hereby agrees to indemnify the Organiser against any claim (including legal costs) made against the Organiser in relation to the occurrence of such incidents
The Organiser further reserves the right to decline any future booking, where the behaviour or conduct of a Consumer, during the course of a holiday results in offence or injury to others.
(c) Minimum Age: Any passengers who are under 18 years at date of departure (a minor) must be accompanied by an adult (over 18 years of age on date of departure) and will not be permitted to travel in circumstances where the minor is not accompanied by an adult (over 18 years of age on date of departure) and in such circumstances 100% cancellation charges will apply.
2. Persons With Special Needs
It shall be the Consumer’s responsibility to disclose to the Organiser prior to booking any physical or mental condition of a member of his party which may be relevant. Consumers are required to complete and return the Organiser’s Special Needs Form detailing any special requirements which they may have as a consequence of any physical or mental condition. No liability shall attach to the Organiser for the provision of an unsuitable holiday for a person with special needs where disclosure of the disability has not been made to the Retailer or to the Organiser where booking has been made directly with the Organiser. The Organiser reserves the right to decline to provide a holiday for a person with special needs where in the Organiser’s opinion that holiday would be inconsistent with the special needs of that person. Please note that it may be necessary to levy surcharges to cover the additional cost of providing suitable transfers and any other special needs requirements, subject to availability.
3. PAYMENT
(a) The holiday must be paid for in full at least 8 weeks before the scheduled date of departure. . See exceptions below. The remaining balance payment will automatically be taken from your credit/debit card if full payment is not received on/before the balance due date. If there is a failure to pay by that date, the Organiser shall have the option to cancel the holiday. Pleasse refer to your booking holiday invoice for balance amount due. If the Organiser exercises that option or if the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser) the invoice cancellation amounts will apply. (these cancellation charges are applied in order to cover the Organiser’s expected losses for the transport and accommodation services that the Organiser pays for in advance)
*** Niche holiday inc cruise balances may be required up to 15 weeks in advance
River/Luxury Cruise 15 weeks
Cruise 12 weeks
Escorted 10 weeks
Club Med 16 weeks
Web Fares 12 weeks
** ONLINE ACCURACY + CONSUMER INFORMATION**
We have taken great care to ensure that all the information contained on this brochure and our website is accurate and correct. No details have been wilfully misrepresented and, whilst every effort has been made to be completely factual and accurate, there may be circumstances beyond our control where details have changed since our original descriptions were agreed. Much of the information is planned many months in advance; however, if at any stage we are informed of changes or alterations to properties, flight timings or fluctuating rates, then we will pass these changes to you, as soon as is practicable. Generic photographs contained in our brochure and on our website do not necessarily absolutely represent the particular resorts, beaches or amenities adjacent to the properties (or the actual hotel room, apartment, layout, decor, view etc. you might occupy or experience). They are however, absolutely representative of the resorts / amenities / beaches available in the area or of the actual room / apartment in a particular property. Sometimes, especially in low season months, facilities in some properties or resorts may close down or operate at certain times only. Equally, repairs may need to be carried out or maintenance work become necessary. Such matters are wholly beyond the control of Sunway Travel and no liability shall attach to us for any disappointment or diminution of enjoyment caused as a result.
**Sunway €150 Low Deposit – European tailor made – € 250 USA EI direct flights**
Deposit: Pay €150 per person for adults, children and infants for bookings made more than 12 weeks in advance
Duration: Any duration
Tailor-made destinations: All European destinations offered by Sunway / USA direct Aerlingus services
Dates: Any date – Any Day – Any Duration – Excludes Christmas Holidays, Easter Holidays, and Mid-term breaks.
Airlines: Valid on Aer Lingus ( USA only ) and Ryanair bookings booked with Sunway
Balance will be taken 12 weeks before departure date
**Cancellation terms**
More than 84 days before the departure date, any deposit paid will be forfeited
Within 29-83 days of departure 50% of the cost of the holiday is forfeited
Within 22-28 days of departure 70% of the cost of the holiday is forfeited
Within 8-21 days of departure 90% of the cost of the holiday is forfeited
Within 7 days of departure 100% of the cost of the holiday is forfeited
All cancellation charges apply to each person covered by a booking. As cancellation cover applies immediately, any insurance premium paid is not refundable.
(b) Instant purchase air tickets, attraction tickets & some Auxiliary items will incur a 100% cancellation fee in addition to the above grid. Refer to your booking invoice for the fees.
(c) Without prejudice to clause 3{a} above, NO TICKETS SHALL BE RELEASED UNTIL SUCH TIME AS ALL MONIES DUE AND OWING TO THE ORGANISER BY THE CONSUMER {as defined above} ARE PAID IN FULL.
4. TRANSFERIING YOUR BOOKING
(a) You may transfer his booking to a person who satisfies all the conditions required to be satisfied by a person who takes the holiday having first given the Organiser or Retailer reasonable notice in writing of his intention to do so before the departure date (such notice shall not be less than 7 days prior to the date of departure).The transferee of the Consumer must sign a Booking Form and comply with any other requirements of the Organiser applicable to the holiday. This applies to charter package holidays only.
(b) A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Organiser or Retailer for payment of any balance due in respect of the holiday and for a substitution fee of €32 per person substituted, subject to a maximum of €130 per booking (or such other greater sum as may be authorised). Plus any administration fee applicable.
(c) Insurance is not transferable.
(d) The Consumer who transfers a holiday booking and the transferee should be aware that most suppliers, such as carriers, impose cancellation fees and apply restrictions which are not within the control of the Organiser and for which the Organiser shall not be held liable. Suppliers fees will apply.
5. ALTERATION AND CANCELLATION BY THE CONSUMER
Changing your booking
If after acceptance by the Organiser a Consumer wishes to alter a holiday, the Organiser may do so at its discretion if practicable, to facilitate that change. A request for alteration must be made by the Consumer in writing to the Retailer (who shall forward same to the Organiser) or where the booking has been made directly with the Organiser to the Organiser and must be accompanied by a payment of ?32 per person, which payment is not refundable. If the alteration is impracticable the original holiday arrangement shall continue to apply. No alteration by the Consumer shall be effective until such time as the Organiser issues written confirmation of acceptance of such alteration and the contract between the Organiser and the Consumer shall be thereby amended to include such alteration. If only some of the Consumers booking request a change, which is found to be practicable a price adjustment for all Consumers on the same booking may be payable and must be discharged on the date shown in the Organiser’s written confirmation of such change. If default is made by the Consumer in complying with the foregoing requirements, the Organiser shall have the right to cancel the holiday in accordance with clause 3 and the cancellation charges as provided for in clause 3 are payable by the Consumer. Once travel has commenced, no changes or alterations may be made by the Consumer and no refunds shall be made by the Consumer and no refunds shall be made in respect of flights or other travel arrangements, which are not availed of.
Cancelling your booking
You may cancel your booking at any time before the start of your holiday in return for payment of the cancellation fees details of which are set out in clause 3 above. You also have the right to cancel your booking before the start of your holiday, without paying cancellation charges, in the event of unavoidable and extraordinary circumstances (see clause e(f)) occurring at the place of destination or its immediate vicinity and significantly affecting the performance of your package or which significantly affects the carriage of passengers to the destination. You will be entitled to a full refund of any monies you have paid (except for any insurance premiums, unless you can show us that you cannot reuse your policy), but shall not be entitled to additional compensation.
6. SPECIAL REQUESTS
Special requests (e.g. ground floor accommodation, sea view, etc.), shall be communicated by the Consumer in writing to the Organiser or Retailer at the time of making the booking. The Organiser shall use reasonable endeavours to fulfil such requests. However, special requests cannot be guaranteed and do not form part of the contract. No liability shall attach to the Organiser for failure to comply with a special request. Special requests cannot be processed within six weeks of departure. *Please note when booking car hire that the car make and model cannot be guaranteed and are on a request basis.
7. ACCOMMODATION ON REQUEST
Where accommodation is “on request” an additional administration charge of €32 will be payable by the Consumer. This charge will be credited to the cost of the holiday once a booking is confirmed. If the Organiser is unable to obtain the particular accommodation requested by the Consumer, the Organiser shall take all reasonable steps to make a comparable alternative available to the Consumer. If the accommodation requested by the Consumer cannot be confirmed or an alternative offered or if the alternative offered is not acceptable to time Consumer, the Consumer shall be entitled to a refund of all monies paid to the Organiser less a e32 administration charge pp.
8. ALTERATIONS AND CANCELLATIONS BY THE ORGANISER
(a) Without prejudice to your statutory rights, we reserve the right to, cancel, curtail or make changes to your holiday arrangements at any time, including when there are not enough people booked and we have notified you of the minimum number required. In these circumstances we’ll let you know based on the duration of your holiday as follows:
Duration of your package / Notice of Cancellation
More than 6 days / 20 days before departure
Between 2 and 6 days / 7 days before departure
Less than 2 days / 48 hours before departure
If we cancel your booking, we will pay you compensation in accordance with clause 8 (c) below, unless the reason for the cancellation was due to UECs or where the minimum number of persons required for the package to take place has not been reached, or for non-payment of your balance.
(b) i If prior to the departure date there is a cancellation alteration, change or curtailment relating to a holiday, which results in more than 18 hours change in the time of departure or a change of resort or in the type of accommodation offered, or some other change which fundamentally alters the holiday, the Consumer shall be entitled to withdraw from the contract without penalty or to accept the alteration to the contract.
(b) ii The Consumer shall inform the Organiser or the Retailer (as appropriate, in light of the Organisers instructions) of his decision to accept the alteration to the contract or to withdraw from the contract, in writing within 7 days from the date upon which the Consumer was notified of a circumstance falling within clause 8(b) i Where the Consumer confirms acceptance of the alteration to the contract, the contract between the Organiser and the Consumer shall be thereby amended to include ‘such alteration.
(b) iii Where the Consumer withdraws from the contract pursuant to clause 8 (b)i or where the Organiser, for any reason other than the fault of the Consumer, cancels the package prior to departure the Consumer is entitled (a) to take a replacement package of equivalent or superior quality if the Organiser (whether directly or through a retailer) is able to offer such a replacement, as may be offered by the Organiser; or (b) to take a replacement package of lower quality if the Organiser is able to offer such a replacement and to recover from the Organiser the difference in price between that of the package purchased and the replacement package, as may be offered by the Organiser; or (c) to have repaid as soon as possible all the monies paid under the contract.
(b) iv In the event that the offer of an alternative holiday is not accepted by the Consumer, in writing within such time as shall be determined by the Organiser from the date of the issue of the alternative holiday the organiser shall assume that the consumer has declined such offer and the consumer shall only be entitled to return of payments made.
(c) Further, where the Organiser cancels, alters, changes or curtails the holiday as contemplated in sub-paragraph (b)i of this clause the Consumer shall be entitled to receive compensation in accordance with the scale set-out in this sub-paragraph. No compensation shall be payable where the alteration is for reasons referred to in sub-paragraphs (a) of this clause or where the Consumer accepts the alterations provided for in clause 8 (b)ii.
Notification period prior to departure date. Compensation per person
Within 8 Weeks: €20.00
Within 6 Weeks: €32.00
Within 4 Weeks: €45.00
Within 2 Weeks: €64.00
(f) In these Terms and Conditions, the term unavoidable and extraordinary circumstances means a situation beyond our control (or your control, if you are invoking such a situation), the consequences of which could not have been avoided even if all reasonable measures had been taken, including warfare, other serious security problems such as terrorism, significant risks 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 your booking, natural disasters, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against us or any other reason beyond our control.
9. INSURANCE
It is a condition of this contract that the Consumer is covered either by the travel insurance scheme arranged by the Organiser or covered by another travel insurance scheme which furnishes the Consumer with at least the same level of cover as that afforded by the travel scheme arranged by the Organiser. The Consumer’s attention is drawn to the exclusion clauses and excesses on the insurance policy and to the obligation contained therein to disclose any material facts arranged by the Organiser. It is the responsibility of the consumer to read their insurance policy before they travel and check that the insurance scheme provides the consumer with the desired level of cover. In the event that the Consumer does not avail of the Organiser’s travel insurance scheme he must furnish details of the alternative travel insurance scheme which he has arranged at the time of booking. It is the responsibility of the Consumer to check that the Insurance cover scheme provides the Consumer with his desired level of cover. In so arranging Insurance cover for the Consumer the Organiser is acting as agent of the relevant Insurer and shall not be responsible to the Consumer for any default by the Insurer under that policy. All claims made against the insurance policy shall be made directly to the Insurer. The Consumer shall be responsible for making any special or increased Insurance arrangements which he deems necessary. The Organiser reserves the right to levy an administration charge in respect of any additional work or expenditure incurred by the Organiser in assessing the adequacy of the cover afforded by the alternative travel insurance being taken out by the Consumer.
10. PRICE CHANGES
All prices quoted are per person in Euro. Hotel prices are from prices based on a minimum of 2 persons sharing a twin room. Apartment prices are based on full occupancy sharing. Child prices are only available over and above the minimum full fare paying passengers. Prices are based on tariffs and exchange rates current and appropriate at the time of publication. If any of these vary, the cost of the holiday may increase or decrease accordingly. Any such increase/decrease must be paid by or refunded to the Consumer. During the period of twenty days prior to departure date, the price specified in the Contract shall not be increased by the Organiser. The circumstances in which the prices may be varied shall only be to allow for changes in:
(a) transport costs including the cost of fuel,
(b) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, or
(c) the exchange rates which apply to the particular package.
If the price increase exceeds 8% of the total price of your booking (excluding any insurance premiums or amendment charges), you can either: –
(i) accept the proposed change; or
(ii) cancel your booking and receive a full refund of all the monies you have paid to us [except for any insurance premiums (unless you can show us that you cannot reuse your policy) and any amendment charges]
11. THE CONSUMER’S RESPONSIBILITIES
(a) The Consumer shall check all travel documentation immediately it is furnished to him. If the Consumer considers any document is incorrect or has a query in relation to its contents, he shall forthwith notify the Retailer or the Organiser of his concern and the Organiser shall respond as soon as possible.
(b) The Consumer is solely responsible for ensuring that he/she presents himself at the port of departure in sufficient time prior to the designated departure time to complete embarkation requirements. If the Consumer arrives after the check-in time stipulated in the travel documentation provided to the Consumer, the Organiser shall not be obliged to carry the Consumer and shall be entitled to treat the holiday as having been cancelled by the Consumer. It is also the Consumer’s responsibility to ensure all travel documents ie. passports and visas are in order.
(c) The Consumer is restricted by the regulations of carriers and executive authorities with regard to the weight, type and contents of baggage which he may take on board the craft and/or vehicles which will be used in connector with the holiday. The Consumer shall be responsible for ascertaining any limitations which apply in this regard and shall not present himself at the port of departure with any prohibited item in his luggage or on his person or with items which exceed weight or dimension restrictions applicable.
(d) The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organiser’s staff or any crew member of a carrier’s craft or vehicle used in connection with the holiday and hereby agrees to indemnify the Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumer’s failure to act in accordance with any such direction or instruction.
(e) It is also the sole responsibility of the Consumer to ensure that he/she is in possession of all travel documentation i.e. passports, visas (where relevant) and that same are in order. The Consumer hereby agrees to indemnify the Organiser for any costs incurred by the Organiser as a consequence of the Consumer being denied transportation entry as a consequence of the Consumer failing to have their travel documentation , passport or visa (if required) not in order.
(f) Important Information for passengers travelling to the USA or via the USA Effective January 12, 2009, all travellers from Visa Waiver Programme(VWP) countries (which includes Ireland) will have to register with ESTA “Electronic System for Travel Authorisation” prior to boarding an air carrier or water vessel bound to the USA. Passengers can register at the following website:https://esta.cbp.dhs.gov An approved travel authorization via ESTA is:
• Required for all VWP travelers prior to boarding a carrier to travel by air or sea to the U.S. under the VWP beginning January 12,2009;
• Valid, unless revoked, for up to two years or until the traveller’s passport expires, whichever comes first;
• Valid for multiple entries into the U.S. As future trips are planned, or if an applicant’s destination addresses or itineraries change after their authorization has been approved, they may easily update that information through the ESTA Web site; and
• Not a guarantee of admissibility to the United States at a port of entry. ESTA approval only authorises a traveller to board a carrier for travel to the U.S. under the VWP. (For additional information, please visit “For International Visitors” at www.CBP.gov/travel. Please note passengers who fail to pre-register with ESTA from January 12th 2009 onwards may be denied boarding, experience delayed processing or be denied admission at a U.S. port of entry. Please note, it is the passenger’s responsibility to pre-register with ESTA.
(g) Pursuant to Regulation EC261/04 airline passengers are granted 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 HOLIDAY IS THE RESPONSIBILITY OF YOUR HOLIDAY AIRLINE AND WILL NOT AUTOMATICALLY ENTITLE YOU TO REIMBURSEMENT OF THE COST OF YOUR HOLIDAY FROM US.
(h) In cases of flight delays and cancellations, passengers are entitled to receive assistance including the provision of refreshments, meals, and accommodation where appropriate from their airline and passengers should seek details of their entitlements from their airline in the event of a flight delay and or flight cancellation occurring. The Organiser does not accept any liability for any costs incurred in such circumstances.
(i) The accommodation booked must only be used by those persons named on the Confirmation Invoice. You are not allowed to share the accommodation or let any person not named on the Confirmation Invoice stay in the accommodation which you have booked.
12. LIABILITY
The Organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser or Retailer acting on the Organiser’s behalf nor to that of another supplier of services because:
(a) the failures which occur in the performance of the contract are attributable to the Consumer;
(b) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or
(c) such failures are due to (i) UECs beyond the control of the Organiser, the Retailer acting on his behalf or other supplier of services, the consequences of which could not have been avoided, even if all due care had been exercised; or (ii) an event which the Organiser, the Retailer acting on his behalf or the supplier of the services, even with all due care, could not foresee or forestall. In the case of damage other than death or personal injury or damage caused by defamation or by the willful misconduct or gross negligence of the Organiser the amount of compensation which will be paid to the Consumer will be limited to, in the case of an adult an amount equal to three times the cost of the booking. The Organiser’s liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of in the place where they are performed or due to be performed, even if that convention has not been ratified or applied in the Republic of Ireland.
In the event of any liability on the part of the Organiser for injury, illness or death, no payment will be made unless the following conditions are complied with:
(I) the Consumer must advise the Organiser in relation to the injury or illness while the Consumer is at the resort and must also write to the Organiser within one month after the completion of the holiday;
(II) the Consumer must transfer any rights that the Consumer has, in respect of such injury, illness or death against any person to the Organiser;
(III) the Consumer must co-operate fully with the Organiser to enable the Organiser or its insurers to enforce such rights.
In respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1995 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961, in respect of carriage by sea, the Athens Convention 1974 and the EU Regulation 3291/2009 (‘The Athens Convention); in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the Avoidance of doubt, this means that the Organiser is to be regarded as having all benefits of any limitations of compensation contained in any of these conventions or any other international conventions applicable to the Consumer’s holiday. This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention. Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 113,100 SDRs (special drawing rights) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving it was not negligent or otherwise at fault. Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to the compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs. Passenger delays: In the case of a passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,694 SDRs.
Baggage delays:
In the case of a passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,131 SDRs. Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1,131 SDRs. In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of checked baggage, the carrier is liable only if at fault. Higher limits for baggage: A passenger can benefit from a higher limit by making a special declaration at the latest at check-in and by paying a supplementary fee. Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived. Basis for the information: The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002 and national legislation of the member states).
13. COMPLAINTS
(a) Without prejudice to the Consumers rights under clause 13(b) If the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Organiser’s representative at the location where the Consumer is when the complaint arises and shall if the Organiser requires, complete a form setting out the detail of the Consumer’s complaint. If the Consumer fails to comply with such requirement, the Organiser shall be entitled to recover the cost from the Consumer of any additional expense incurred by it in carrying out subsequent investigation of a complaint, which is found to be unjustified.
(b) The Consumer shall be obliged to notify the Organiser in writing of any complaint not later than 28 days after his return to the port of departure or termination of the holiday whichever is the earlier and no complaint received thereafter shall be entertained.
14. ASSISSTANCE WE WILL PROVIDE TO YOU IF YOU ARE IN DIFFICULTIES ON HOLIDAY
If you are in difficulties and you have contacted us looking for assistance, we will provide you with appropriate assistance, without undue delay, in particular by:
- providing appropriate information on health services, local authorities and consular assistance; and
- assisting you in making distance communications and helping you find alternative travel arrangements
If the difficulty for which you require assistance was caused intentionally by you or through your negligence, we shall not be liable for the costs of any alternative travel arrangements or other such assistance you require and we reserve the right to charge you a reasonable fee for any assistance we provide, which will not exceed the actual costs we incur.
15. GOVERNING LAW & JURISDICTION
Our Agreement with you shall be governed and construed in accordance with the laws of Ireland and each of the parties hereby submits to the exclusive jurisdiction of the Courts of Ireland in regard to any matter arising from or touching the Agreement.
16. NOISE PROBLEMS
The Consumer acknowledges and agrees that the behaviour of the other holiday makers (be they clients of the Organiser or otherwise) is a matter outside the control of the Organiser and that the Organiser is not liable for any disruption, inconvenience, disturbance or diminution of enjoyment of the Consumer’s holiday arising from the misbehaviour of the other holiday makers. In the event of the Consumer complaining to the Organiser of the behaviour of the other holiday makers, the Organiser will, if such complaint is justified, use reasonable endeavours by requesting the owner or manager of the accommodation to move the offending holiday makers or alternatively to move the Consumer to a quieter part of the premises, but shall not be responsible for the action or lack of action taken by the owner or manager on foot of such a complaint.
17. IDENTITY OF CARRIERS
We are obliged to inform you, at time of booking, of the identity of the operating air carrier(s) which is due to perform, or likely to perform, your flight and if there are any changes to the operating air carrier(s) we are obliged to inform you any such change(s)as soon as possible. If we don’t know the identity of the operating carrier(s) at the time of booking, we must inform you of same as soon as such identity is established. In all cases, we are obliged to inform you of the identity of the operating carrier at check-in or on boarding, where no check-in is required for a connecting flight in accordance with EU Directive – (EC) No.2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community Blacklist’, which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection here
18. NO SNOW
Most of the activities included in our Lapland program depend for their successful accomplishment on adequate snow conditions both prior to and during operation. We or our agents are not responsible for the weather conditions. Air temperature, sea state, cloud cover, rainfall and terrain conditions are just some of the factors that can effect the operation of excursions, visibility of natural phenomena and sightings of wildlife. Tour dates are operated in good faith based on our experience and that of our suppliers. However we, or our agents, may have to change itineraries or cancel excursions at any time prior to departure or during a tour. If we do so, it is with your interest in mind and we regret the necessity of having to point out that we do not accept any liability for compensation in respect of such changes, or cancellations due to weather conditions.
B: FLIGHTS
The following Terms & Conditions apply when you book Flight Only with us.
1. Contract
Any booking made or order placed by you, whether through the SUNWAY website or otherwise, shall be deemed an offer by you to purchase the relevant items subject to these booking conditions. Note that SUNWAY are selling the tickets as agents for the airlines, which means the contract for the flight product will be between you and the airline. Please note that for each ticket there are additional terms which are specific to that fare which is available on request. Most instant purchase tickets are non-refundable when cancelled. You are responsible for complying with any airline’s terms in relation to check-in times, reconfirmation of flights or other matters. In relation to flight tickets, you are required to use all flight coupons in order of sequence. If this requirement is not met the airline may void the ticket.
2. Reservations
Be aware that certain airlines do not maintain “real time” seat availability in the airline reservations system to which we connect. Whilst every effort is made to reflect the true situation, instances may occur when airlines cancel sales. SUNWAY will advise you if this isthe case and will do all they can to reinstate your booking..
3. Tickets
If it is not possible to get your flight tickets to you (e.g. because your travel date is imminent) we may insist that you have an “e-ticket” or a TOD (ticket on departure) generated. A TOD is when you will have to pick up your ticket at your point of departure. We will ensure you know exactly where to pick up your tickets. Where an airline provides e-ticketing on a specific route this will be the only ticketing option made available. Electronic tickets are stored in the airline’s computer rather than printed on paper. The service is similar to the traditional paper ticket process but eliminates the time and hassle associated with purchasing or exchanging a paper ticket. When you arrive at the airline check in desk you will be required to present an official form of identification (i.e. passport) to receive your boarding pass. Please note that you must print out your confirmation page or confirmation email to show to the airline. Because your e-ticket is held in the airline’s computer, you cannot forget it or lose it. More importantly, your e-ticket cannot be stolen, saving you the cost of a replacement ticket. You do not have to wait for your eticket to be delivered to you.
4. Flight Reconfirmation
All onward and return flights must be reconfirmed with the relevant airlines at least 72 hours prior to the commencement of that leg of the journey unless specifically informed otherwise by that airline. SUNWAY accepts no responsibility for bookings cancelled due to non-compliance with rules set by that particular airline. SUNWAY also take no responsibility for any flight rescheduling en route.
5. Passports/Visas/Health Requirements
It is incumbent upon you the client to ensure that you meet the passport, visa, health requirements of the countries you wish to visit and those that you transit (even if it is for a plane change) and that you contact the relevant Embassy for information in this regard. Many countries require that your passport should be valid for a period of (a minimum) six months from the date of arrival into that country. SUNWAY does not accept any responsibility if you should be denied boarding or deported due to non-fulfillment of the above. All passengers including children under 16 require individual passports.
6. Insurance
Sunway strongly urges you to carry appropriate travel Insurance to cover you for cancellation, , health, baggage etc. We do recommend that you read the terms, conditions and exclusions of your travel insurance upon receipt, which are detailed in the Policy Wording including the Hazardous Activities section before taking part in any activities when abroad. Please also read fully the additional optional extras available on the Travel Insurance policy and advise if you wish to upgrade your Insurance policy too add these. Please note that your policy contains a health check condition which applies to anyone travelling or a family member who is ill and as a result could give rise to you cancelling or curtailing your trip. We would recommend that you read this section carefully and declare any pre-existing medical condition to health check on Tel 0818 286 537. Please note that the policy does not cover you or any travelling companions or any close relatives diagnosed with a terminal prognosis or those awaiting the results of tests or investigations. During your trip, if you become seriously ill or injured or are admitted to hospital or if you need to curtail your trip, you should contact Mapfre Assistance on 00353 91 560 616.If you also have private health insurance such as VHI or Aviva, it is recommended that you also contact their emergency assist number (see policy document).
7. Airline regulations/conditions of carriage
Please note that in all transactions SUNWAY acts as agents of the airlines you have chosen to book on. Conditions of carriage are available on request. Please note: Some airlines charge for the carriage of secod bag. Please refer to airlines website for further details.
8. Cancellation / Amendments
If you need to change or cancel your travel plans, it is your responsibility to notify SUNWAY in writing of such request. Most tickets are nonrefundable, but some can be amended for a change fee, plus any applicable penalties. Most scheduled airlines do not allow name changes. SUNWAY can apply the relevant administration fee per booking for any modifications, changes or cancellations to fares. This will be regardless of the price or face value of the fare. In addition to the SUNWAY charges, most airlines also have a penalty or cancellation fee for any changes or cancellations to fares.
9. Refunds
If you want to cancel your journey it is important that you notify us in writing with utmost urgency. This enables us to cancel your reservation with the airline. Please note most instant purchase tickets are nonrefundable when cancelled. If you already have your ticket please submit it to us. Tickets must be sent To Sunway Travel, Marina House, Clarence Street, Dun Laoghaire, Co. Dublin. On receipt of the ticket we will send you an acknowledgement that we have received it. Those tickets which are refundable or cancelled by us will be processed and refunded back to your credit card in approximately 16 weeks from our receipt of the ticket. Some tickets may need to be submitted to the airline for the cancellation and/or refund to be authorised. In this event your refund request may take longer, but we will advise you in our acknowledgement of the expected turnaround period. Please note that most airlines do not refund on part used tickets. Tickets which are returned more than 1 year from date of issue are classified as expired tickets and must be submitted to the airline for their authority to refund.
10. Lost Tickets
If you lose your tickets, it may be possible to re-issue them for a fee. The amount payable will depend on the circumstances of the loss and how close to the travel date you discover it. However, not all tickets can be re-issued; which is another good reason for ensuring you have sufficient insurance cover. Tickets will be dispatched to you in accordance with your instructions and we accept no responsibility for their delivery. Lost tickets which cannot be reissued are refunded at the sole discretion of the airline; these refunds can take up to one year to be authorised.
11. Liability
As SUNWAY acts as agent this will mean that it will have no contractual liability to you in respect of the flight product. However, it may still be liable to you if it has been negligent; it has misrepresented important information or has been in breach of any other relevant law.
12. Unreasonable behaviour
If in the reasonable opinion of a person acting in authority you are not fit to travel, he or she may refuse to let you board the aircraft. Normally this happens if such person thinks you are likely to disturb or harm other passengers. In this case your contract with SUNWAY will end immediately and we will no longer be responsible for you.
13. Seat Assignments
Airlines reserve the right to change seat assignments/allocations up to the point of check-in. Seats assigned at time of booking or prior to check-in are never guaranteed. Many airlines will charge additional fees to preassign seats.
C: ACCOMMODIATION ONLY
The following Terms & Conditions apply when you book Accommodation Only with us.
1. Legal Capacity: When we book accommodation for you we are acting as your agent and in such circumstances our role is limited to the following services unless otherwise specifically agreed in writing: -(a) the effecting of a reservation; (b) the procuring of confirmation of such reservation; (c) the forwarding of consideration tendered by you for such reservation to the accommodation supplier; & (d) the confirmation on your behalf of your, the consumer’s, acceptance of the accommodation supplier’s terms and conditions. A copy of any accommodation supplier’s terms and conditions are available on request. When we deal with you as your agent we have no contractual liability for the services, which we have purchased on your behalf.
2. Prices & Fees: Prices stated are on per room per night basis and include VAT unless otherwise stated. Resort fees, extra bedding such as cots and rollaway beds are payable locally in some hotels but can be requested through us. Unless otherwise stated, breakfast, lunch and dinner are not included. Star ratings may differ according to the country where the hotel is located and are out of our control.
3. Photographs Of Rooms: Please be aware that the hotel room photos are only a depiction of the type of rooms on offer and may not represent the actual room provided.
4. Modifications/Cancellations: If you wish to cancel your hotel room, please contact our Operations Department by telephone on 01 2311800. We also accept email cancellations on [email protected]. It is essential to include your booking number, registered email address and details of your cancellation. In the event of cancellation for whatever reason you shall be liable to pay SUNWAY the relevant administration fee per person. This could be in addition to any cancellation charges & local taxes any hotel may impose.
5. Force majeure: We will not be liable for any changes, cancellation, effect on your booking, loss or damage suffered by you or for any failure by the accommodation providers and/or us to perform or properly perform any of our respective obligations to you which is due to any event(s) or circumstance(s) if the non performance is caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and in particular the place where the accommodation provider is located as well as our country of origin and other unforeseeable causes beyond our control.
D: Car Hire, Theme Park Tickets, Excursions.
The following Terms & Conditions apply when you book Car Hire or Theme Park Tickets or Excursions only with us.
1. Legal Capacity: When you book car hire or Theme Park Tickets or Excursions only through us you are entering into a contract with the suppliers of their services who have their own standard terms and conditions which will apply to your contract with them. A copy of any suppliers terms and conditions are available on request. By asking us to confirm your booking, you are accepting that the terms of this agreement (and the conditions of any contract made with your suppliers) apply to your booking and the car hire arrangements you have booked Contract: Sunway is selling the tickets as agents for the car hire company or theme park/excursion provider, which means the contract for the service will be between you and the supplier. Please note that each supplier has its own booking terms and conditions which you will be required to accept (a copy of which is available on request) *Please note the car make and model cannot be guaranteed and are on a request basis.
2. Information regarding documentation required to hire a car. Sunway does not accept any responsibility if you should be denied car hire due to non-fulfillment of the above.
3. Cancellation / Amendments: If you need to change or cancel your travel plans it is your responsibility to notify Sunway in writing of such request. Most car hire companies apply cancellation charges.
4. Limitation of Liability: As Sunway acts as agent this will mean that it will have no contractual liability to you in respect of the operation of the car hire. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of your car hire company or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the car hire company who provided such service and that we will be under no liability at all (whether in contract, tort or otherwise). Without prejudice to paragraph 1 hereof, in the event that we are found liable on any basis whatsoever in relation to your booking our maximum liability to you, if Sunway is found to have been at fault in relation to any service that Sunway provided (as opposed to any service provided by the car hire company for whom Sunway is not responsible) is limited to the cost of the booking in question. We do not exclude or limit liability for death or personal injury that arises as a result of our negligent act or omission or our employees whilst acting in the course of their employment. We shall not be liable for any indirect, special or consequential loss, including economic loss, which term shall include loss of profits, loss of use of profits, business, revenue, and goodwill or anticipated savings.
E: Cruise Only
The following Terms & Conditions apply when you book Cruise Only with us.
1. Legal Capacity: When we book a cruise for you we are acting as your agent and in such circumstances our role is limited to the following services unless otherwise specifically agreed in writing: -(a) the effecting of a reservation; (b) the procuring of confirmation of such reservation; (c) the forwarding of consideration tendered by you for such reservation to the accommodation supplier; & (d) the confirmation on your behalf of your, the consumer’s, acceptance of the Cruise supplier’s terms and conditions. A copy of any Cruise supplier’s terms and conditions are available on request. When we deal with you as your agent we have no contractual liability for the services, which we have purchased on your behalf.
2. Prices & Fees: Prices stated are on per person per cruise basis and include VAT unless otherwise stated. Transfers, unless specified are not included. Extras, such as gratuities, beverages, shore excursions, beauty centers & spas, room service, Casino, video games and golf, internet and Wi-fi are not included. Unless otherwise stated, breakfast, lunch and dinner are not included.
3. Photographs Of Ships and cabins: Please be aware that the cabin room photos are only a depiction of the type of rooms on offer and may not represent the actual room provided.
4. Modifications/Cancellations: If you wish to cancel your Crusie, please contact our Reservations Department by telephone on 01 2311800. We also accept email cancellations on [email protected]. It is essential to include your booking number, registered email address and details of your cancellation. In the event of cancellation for whatever reason you shall be liable to pay SUNWAY the relevant administration fee per person. This could be in addition to any cancellation charges & local taxes any hotel may impose.
5. Force majeure: We will not be liable for any changes, cancellation, effect on your booking, loss or damage suffered by you or for any failure by the cruise providers and/or us to perform or properly perform any of our respective obligations to you which is due to any event(s) or circumstance(s) if the non performance is caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and in particular the place where the accommodation provider is located as well as our country of origin and other unforeseeable causes beyond our control.
F: Escorted Tours Only
The following Terms & Conditions apply when you book Escorted Tours only with us.
1. Legal Capacity: When we book an escorted tour only for you we are acting as your agent and in such circumstances our role is limited to the following services unless otherwise specifically agreed in writing: -(a) the effecting of a reservation; (b) the procuring of confirmation of such reservation; (c) the forwarding of consideration tendered by you for such reservation to the tour supplier; & (d) the confirmation on your behalf of your, the consumer’s, acceptance of the escorted tour supplier’s terms and conditions. A copy of any escorted tour supplier’s terms and conditions are available on request. When we deal with you as your agent we have no contractual liability for the services, which we have purchased on your behalf.
2. Prices & Fees: Prices stated are on per person per tour basis and include VAT unless otherwise stated. Extras, such as gratuities, optional excursions, laundry, phone calls, porterage at train stations, mini bar, beverages, shore excursions, room service, internet and Wi-fi are not included.
3. Modifications/Cancellations:If you wish to cancel your escorted tour, please contact our Reservations Department by telephone on 01 2311800. We also accept email cancellations on [email protected]. It is essential to include your booking number, registered email address and details of your cancellation. In the event of cancellation for whatever reason you shall be liable to pay SUNWAY the relevant administration fee per person. This could be in addition to any cancellation charges & local taxes any hotel may impose.
4. Force majeure: We will not be liable for any changes, cancellation, effect on your booking, loss or damage suffered by you or for any failure by the cruise providers and/or us to perform or properly perform any of our respective obligations to you which is due to any event(s) or circumstance(s) if the non performance is caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and in particular the place where the accommodation provider is located as well as our country of origin and other unforeseeable causes beyond our control.
G: GENERAL
Applicable to All Services Booked with Us
1. Data Protection: Please see our privacy policy for full information regarding the way in which we use and store your personal data.
2. Governing Law & Jurisdiction: Our Agreement with you shall be governed by and construed in accordance with the laws of Ireland and each of the parties hereby submits to the exclusive jurisdiction of the Courts of Ireland in regard to any matter arising from or touching upon this Agreement.
3. Errors and Omissions: If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund.
4. Sunway accept no responsibility for services or facilities which do not form part of our agreement with you. ie where they are not detailed on your confirmation invoice or where they are not advertised in our brochure or on our website. For example if an airline cancels a flights, we are not responsible for any pre departure car parking, hotel, taxis any other personal travel arrangements except where they have been booked through us and form part of your contracted arrangements with us. In resort we are not responsible for any excursion, service or facility which your hotel or any other supplier agrees to provide for you while you are away.
5. Whilst you are away on holiday you may be offered the opportunity to buy optional excursions and activities. These are provided by independent local companies, which are neither owned nor controlled by Sunway Travel, and for whom Sunway Travel acts only as an agent. If you decide to buy and excursion or an activity, your contract will be made with the local company which provides it and it will not form part of your package with Sunway Travel. The contract may be subject to the excursion/activity providers’ terms and conditions, some of which may exclude or limit its liability to you, and will be governed by local law and jurisdiction. Sunway travel accepts no liability for any breach of contract or negligent act or omission of any excursion/activity provider. Some excursion/activity may contain an element of risk or require a good level of fitness, and, if in doubt, you should make direct enquiries with the local provider, before deciding to buy and check that you are covered by your travel insurance policy. Please note that in some destinations we work closely with some excursion providers and may occasionally provide them with Sunway branded equipment, such as stationary, clothing etc to make it easier for our guests to identify these excursion providers. We may also provide details of certain excursion providers in our welcome packs provided to guests upon arrival at the resort. This does not suggest any association or recommendation of these excursion providers by Sunway Travel.
Updated March 2020 |
