Booking Terms And Conditions Governing All Bookings with Gohop.ie
Gohop.ie strongly recommends that you print and retain a copy of our Terms and Conditions for future reference. These conditions govern all bookings made with Gohop.ie, online, by phone or in our office. The forwarding of a deposit or full payment by you for a booking constitutes your acceptance of the terms and conditions of Gohop.ie.
These terms and conditions can always be found on our website at http://www.gohop.ie/pages/terms .
1.a) QUOTES: Most Gohop.ie Quotes are value or saver Quotes, which are usually quite restrictive for change or refund. This type of quote will normally carry a significant penalty for cancellations and refunds, which may even be up to a 100%. Changes may also be restricted, subject to a charge or prohibited altogether, according to route, fare level and supplier.
1.b) LEAD NAME: When there is more than one traveller in a booking, the person who makes the booking will be designated as the Lead Passenger and accepts these terms and conditions on behalf of all members of the party and is responsible for all payment due from the party. It is their responsibility to provide all members of the party with copies of these terms and conditions. All contracts with Gohop.ie and all the matters arising from these contracts are subject to Irish law and to the exclusive jurisdiction of the courts of Ireland. Gohop.ie and Gohop.com are registered business names of Travel Management Solutions Limited. The Gohop.ie registered office is located at 38 Pearse Street, Dublin 2, Ireland.
1.c) SUPPPLIER’S CONDITIONS : The Supplier is any airline, car rental, hotel or hotel chain or hotel supplier, insurance broker or transfer supplier whose service forms any part of your reservation.
1.d) PAYMENT: To secure your booking, full payment is payable to Gohop.ie by the payment due date given on confirmation of reservation or if booked online payment is due immediately. Laser card, Visa, Access, Amex and MasterCard are all acceptable forms of payment. Only bookings made in our Pearse Street office can be paid for by cash, bank draft or vouchers (Gohop.ie or Love2Shop). Please note that when payment is made by bank draft / cheque that Gohop.ie requires at least 5 working days for clearance of the cheque prior to issuing documents. Gohop.ie cannot accept responsibility for cash sent through the post. Gohop.ie reserves the right to pass on any charges relating to returned cheques and credit card chargebacks. Gohop.ie will charge you for any additional handling fees incurred by us in respect of payment through a debit or credit card. If your itinerary is being paid for with a third party credit/debit card we will require written authorisation to be provided by the cardholder prior to making the reservation.
1.f) CURRENCY ISSUES: Prices, including Euro price estimates, may differ on a daily basis to reflect any movement in exchange rate levels. If all or part of your itinerary includes prices quoted in a foreign currency the amount payable is subject to the rate of exchange in force at the time of final payment.
1.g) TRANSFERS: Transfers are not automatically included in our itineraries, where available, transfers will be offered as an add on during the booking process.
1.h) BOOKING NAMES: Customers making a reservation are required to provide his or her full name, date of birth and gender, as it appears on the passport he or she plans to use when travelling. All passengers must present valid passports at check-in for all flights in their itinerary. Expired or damaged passports will not be accepted for any reservation. Failure to present valid passports matching the names on your reservation will result in your being refused check-in without refund.
1.i) PASSPORTS, VISAS AND HEALTH REQUIREMENTS: It is the passenger’s responsibility to ensure that passport is valid for the dates of your travel and any necessary visas are obtained for all destinations on your itinerary (including transfer destinations). All travellers including children must be in possession of a valid passport. It is no longer valid for children to be included on their parent’s passport. You should ensure that you travel with your booking confirmations, e-tickets, hotel voucher, car hire voucher and any other travel documentation (including your passport) at all times. Gohop.ie will not be liable for any supplier not providing you with the booked product or service if you do not produce the relevant documentation.
It is your responsibility to check with the applicable Embassy or Consulate to see whether the destination(s) that you are visiting requires a visa. It is also important to remember to include all transit points of your journey, which may also require you to obtain a visa. Please note that many countries require that your passport is valid for six months beyond the period of your stay. Some countries apply different rules and you should contact the Embassy or Consulate of your destination for relevant current information
It is vital that you ensure that your passport is legible and intact, any sign of damage could result in a refusal of carriage or entry into your country of destination. It is your responsibility to obtain the appropriate visa for your destination(s) and any applicable transit point. Please note that specific requirements for specific countries can be complex and subject to change at short notice.
You should seek advice on any vaccinations and precautions that may be compulsory or recommended from a health professional ideally at least 8 weeks before you travel. Gohop.ie recommend you contact the Tropical Medical Bureau for this information at www.tmb.ie
It is important that all travellers to the United States take note of the following:
A visa will be necessary for entry to the United States of America (USA) unless passengers are eligible under the Visa Waiver Program (VWP). The VWP allows holders of full Irish passports who have the right of abode in the Republic of Ireland to complete a Visa Waiver Form. You must ensure that you comply with all USA Government requirements as per the Visa Waiver Form before confirming your booking.
All Irish passport holders, including children, travelling to the USA under the VWP will need their own machine-readable passports (MRP).
If you have a serious communicable disease of public health significance including HIV you are not eligible to travel on the Visa Waiver Program, and must possess a valid visa for entry into the United States.
If you have ever been arrested or convicted for any reason in any country, even if the arrest did not lead to a conviction including driving offences, you may require a visa and should consult the US Embassy directly
ESTA – Electronic System for Travel Authorisation
It is mandatory for passengers to log on to the website https://esta.cbp.dhs.gov and manually fill in their details. Application is quick and simple; unfortunately you are now required to pay a small administration fee by the US Government.
Advance Passenger Information. Advance Passenger Information (or API) is a requirement on all flights travelling via, from, over or through US Airspace. All passengers taking a flight within US air space, regardless of nationality, must fill in this information. You will be required to fill in the following information in addition to your passport details. Full Name/Date of birth/Gender/Nationality/Passport Number/Expiry Date of Passport (and Redress Number if applicable)
Turkey Update (2014)
We have been advised that Irish holidaymakers heading to Turkey must now apply for an electronic visa in advance of travel, when the existing visa-on-arrival system is stopped entirely from April 10, 2014. The Cost of the e-visa for Irish passport holders is $20. You must apply for these visas as the link below https://www.evisa.gov.tr/en/
1.j) CHANGES AND CANCELLATIONS BY YOU: Most Gohop.ie Quotes are value or saver Quotes, which are usually quite restrictive for change or refund. This type of quote will normally carry a significant penalty for cancellations and refunds, which may even be up to a 100%. Changes may also be restricted, subject to a charge or prohibited altogether, according to route, fare level and supplier. Once Gohop.ie has received payment, any changes will be treated as a cancellation and rebooking, and the cancellation charges as set out by the supplier will be payable. You or any member of your party may cancel your reservation at any time prior to departure provided that the cancellation is confirmed in writing or by email by the person who made the original booking and acknowledged by a member of the Gohop Team during normal office hours, Monday – Friday 9.15am to 5.30pm. Service fees are not refundable under any circumstances.
1.l) PERSONS WITH SPECIAL NEEDS: It shall be the Consumer’s responsibility to disclose to us prior to booking any physical or mental condition of a member of his party which may be relevant. No liability shall attach to Gohop.ie for the provision of an unsuitable holiday for a person with special needs where disclosure of the disability has not been made to us prior to the booking being made. 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.
1.n ) SPECIAL REQUESTS: If you have any special requests, these will be passed on to the relevant supplier but cannot be guaranteed by Gohop.ie.
1.o) TAXES: It is not always possible to include all taxes on your itinerary - in some cases certain taxes must be paid locally. Some are payable to the airport or Government of the country departed or arriving into and are non-refundable. Some taxes and local resort fees are charged on arrival or departure from your hotel or accommodation.
1.p) INSURANCE COVER: We strongly recommend that you take out suitable travel insurance to cover (as a minimum) the costs incurred if you cancel your trip, the cost of emergency medical assistance, including repatriation, in the event of an accident or illness whilst you are abroad. It is your responsibility to ensure the insurance you purchase is suitable and adequate for your particular needs. It is your responsibility to comply with the insurance company’s requirements and your duty to disclose to the insurance company all relevant information e.g. pre-existing illnesses.
1.q) WARRANTIES AND LIABILITY: Gohop.ie shall have no liability to the client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the client. Gohop.ie shall not be liable to the client or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of Gohop.ie obligations in relation to the specified services, if the delay or failure was due to any cause beyond Gohop.ie's reasonable control (including, without limitation, as a result of any action or omission by any consolidator and/or airline). Gohop.ie makes no warranty that the service will meet your requirements, or that the service will be uninterrupted or error free. Gohop.ie shall not be held liable for any direct, indirect, special or consequential damages, resulting from the use or inability to use the service. Users of our service must be aware that web and computer problems beyond Gohop.ie's control may occasionally occur. We do not guarantee that the service provided by this website will be uninterrupted.
1.r) IF SOMETHING GOES WRONG: If a problem occurs whilst you are travelling, you must inform the relevant service supplier immediately so that the matter can be put right. Contact details of your supplier should be provided on vouchers supplied or if travelling with an airline, local contact details are available on their direct website. If a problem is not reported at the time or contact is not made with the supplier or Gohop.ie office, it may limit the extent of how the issue can be resolved on your return. In the event that a complaint cannot be resolved at the time, you must write within 28 days of your return to the customer relations department quoting your reservation details and giving all relevant information. Failure to take these steps will hinder the supplier’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. Gohop.ie are open from 9.15am until 5.30pm from Mondays through to Fridays (excluding Bank Holidays) and on Saturdays from 10am until 1pm.
1.t) INTERNATIONAL TRAVEL: Travellers are fully responsible for verifying all safety and security conditions for each destination before they travel. You agree that Gohop.ie is not responsible for any potential risks and hazards associated with travel to destinations sold or listed by Gohop.ie. Without limiting the generality of the foregoing Gohop.ie assumes no responsibility for standards of hygiene, cuisine, sanitation and medical treatment or telecommunications services. Nor is Gohop.ie responsible for any political instability, terrorist activity, war, social or labour unrest, civil disturbances, arbitrary changes in government policies, local laws or customs, climatic conditions, methods of conducting business, military activity or emergency evacuation methods. By embarking on travel arranged through, or utilising information contained on, Gohop.ie, you voluntarily assume the risks associated with such travel.
1.u) LOW FARE CARRIERS: In instances whereby you purchase flights with Low Fare Carriers, eg: Ryanair, Aer Lingus, EasyJet etc. The own airlines confirmation will go directly to your email in addition to the one you receive from Gohop.ie. Should you receive any Flight time changes or Schedule Changes, it is important to inform Gohop.ie before you are due to travel so as we can update any transfers or accommodation you may have booked in addition to those flights.
Single Travel Component
When you purchase a single travel component from Gohop.ie’s inventory of products it is NOT protected under the Package Holiday and Travel Trade Act of 1995 and Gohop.ie is NOT Liable to you as an organizer for the purposes of the Package Holidays Act of 1995. Each single travel component has its own terms and conditions which apply to the purchase of that relevant travel component. Please see the terms and conditions below applicable to the relevant travel component in addition to the terms above.
2.a) FLIGHT INFORMATION: 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. Gohop.ie 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. Gohop.ie is also unable to make any special arrangements for you if your flights are delayed as these matters are at the sole discretion of the airline concerned.
2.b) FLIGHT ITINERARY: You are required to use all flight coupons in order of sequence. If you do not travel on any of the sections on your itinerary, the airline may cancel the reservation / ticket and any subsequent flights booked.
2.d) BAGGAGE: Baggage allowance is different for all individual bookings. Where possible, this allowance is shown during the booking process. All airlines limit the amount of baggage you are permitted to carry by weight and/or a piece system. In some cases all checked in luggage will be subject to additional charges by the airline, prices can be confirmed directly with the airline.Gohop.ie shall not be responsible for any damage to or loss of luggage or personal items. Gohop.ie strongly recommends the purchase of travel insurance. All incidents of damaged, lost or stolen luggage should be reported in writing directly to your insurance company.
2.e) ALTERATIONS AND CANCELLATIONS BY THE AIRLINE: In the unlikely event that a booking has to be cancelled by an airline and no reasonable alternative can be offered (i.e. cancellation of particular flight by the airline or schedule change of more than 18 hours) a full and prompt refund will be made that the airline charge. No refund of service fees will be made under any circumstances and no compensation is payable by Gohop.ie
3.a) 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
There may be small differences between the actual accommodation and its description. Occasionally, local conditions may mean that some facilities or services become unavailable or subject to restriction. In addition to this, please be aware that advertised facilities within your hotel and around the resort may not be fully functional in early and late season. We cannot accept responsibility for any changes or closures to area amenities or attractions. We cannot accept responsibility for any inaccurate, incomplete or misleading information about any accommodation or its facilities and/or services, except in the case of our negligence. The star ratings shown on the hotel descriptions are our suppliers ratings and do not necessarily reflect any local official rating.
All images of hotel rooms on the website are for representation purposes only and may not reflect the actual room you are allocated. From time to time building work and its associated noise is unavoidable in resort. We do not control such work and we do not always receive advance notice of when it is scheduled. However we will always notify you as soon as possible if we think building work will affect your holiday enjoyment
Prices quoted, unless otherwise stated, are on a room only basis. Extra taxes, Resort Fees, extra bedding such as cots and rollaway beds, are payable locally.
3.c) AGE RESTRICTIONS
Most hotels will require a minimum of one adult to stay in a room (aged 18/21 or over)
3.d) CREDIT CARDS
Most Hotels will require a credit card as guarantee upon check in (please note some hotels will not permit a stay at their property without this)
3.e) VOUCHERS/BOOKING CONFIRMATON
3.f) CANCELLATIONS OF ACCOMODATION:
All Hotel and Hotel Suppliers are subject to different cancellation penalties, some of which are up to 100% and you would not be entitled to any refund. If you are unable to proceed with a reservation you have made, please contact Gohop.ie in writing or by email between normal office hours of Monday – Friday 9.30am – 5.30pm and we will contact the hotel or hotel supplier on your behalf to advise you of their cancellation penalties.
Where cancellation applies to multiple room bookings the cancellation fees apply for each room booked, whether in one or more hotels.
3.g) NOISE POLLUTION:
Gohop.ie does not endorse or recommend any particular hotel, nor will we be necessarily aware of any noise pollution caused by local establishments or building work inside or outside the hotel
We shall not be responsible for your transportation to or from the hotel. Cancellation charges will still apply if you are unable to travel to the hotel due to such circumstances.
All sightseeing tours are non-refundable.
3.j) ROOM TYPE
The type of rooms provided by a hotel (such as single, double,) may vary from country to country. It is up to you to independently check that the type of the accommodation and services provided by each hotel meet your needs. An example of each room time is outlined below and these are guidelines only.
Twin room for sole use
Twin/Double + child
Cot/cradle or crib
No Facilities Rooms
Room with no facilities and do not have en-suite bathroom or W.C.
4.a) LEGAL CAPACITY When you book car hire 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
4.b) DRIVER AGE All car suppliers have a minimum age to be able to rent without incurring any extra charges, this is normally 25 years and above. Drivers between the ages of 21-24 will always incur an extra surcharge which is payable locally, is subject to tax and is non-refundable. These fees can range from €10.00 per day in Europe and from $25.00 in the USA. There are a very few locations that have an upper limit. These can vary from the age of 60 years upwards. If you are over 60 years of age please call to check with the rental supplier for eligibility. If you fail to check with us and you are over 60 years of age you may not be given the car.
4.c) RENTAL DEPOSIT Rental agencies only accept credit cards for securing your deposit at the rental location. You must use a credit card that has been issued in the driver’s name, other cards are not acceptable. We will not be liable for any compensation or otherwise if you do not have a valid credit card at the time of collecting your car and are refused rental by the supplier.
4.d) DRIVING LICENCE A valid driving licence is required for all drivers. The licence must be valid at the time of rental and remain valid throughout the rental period. We will not be liable for any compensation otherwise if you fail to show a valid driver’s licence to the supplier and are refused rental.
4.e) EXCESS WAIVER Although our rates are fully inclusive there is always an excess to pay. This means in the event off accident/damage or theft, the driver will be expected to pay the first part of the claim. This can vary depending on the car you hire and the destination you are travelling to.
4.f) LATE RETURN OF YOUR VEHICLE The rental rate is calculated based on the return time agreed when picking up the vehicle. If the vehicle is kept longer than originally planned, you may be liable for an overcharge.
4.g) RENTAL AGREEMENT The rental agreement is given to you to sign when you pick up your vehicle. This has all the information about your rental. It is your responsibility to check this document carefully before you sign it and keep a copy. You should also visually check the vehicle for any damage prior to leaving the pick point. If damage is found that is not indicated on the rental agreement this should be immediately brought to the rental company’s attention. You should avoid returning the vehicle when the rental office is closed. Gohop.ie will not be liable in relation to any breach of this agreement.
4.h) CHILD SAFETY SEAT Children from their third birthday up to their 12th birthday or up to 135cm in height (whichever is attained sooner) must be restrained in a suitable seat in the rear of the vehicle. The law states that it is the responsibility of the driver of the vehicle to comply.
4.i) MAKE AND MODEL Please note the car make and model cannot be guaranteed and are on a request basis. Information regarding documentation required to hire a car. Gohop.ie does not accept any responsibility if you should be denied car hire due to non-fulfilment of the above.
4.j) CANCELLATIONS / AMENDMENT If you need to change or cancel your travel plans it is your responsibility to notify Gohop.ie in writing of such request. Most car hire companies apply cancellation charges
4.k) LIMITATION OF LIABILITY As Gohop.ie 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 Gohop.ie is found to have been at fault in relation to any service that Gohop.ie provided (as opposed to any service provided by the car hire company for whom Gohop.ie 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.
Please note that when you “Build your own Holiday”, whereby individual travel service components of flights/hotel accommodation and/ or self-catering accommodation and/or car hire services are booked together, each travel service component has its own independent price and so has its own terms and conditions, please see the supplementary terms and conditions applicable to the relevant travel service component above. These are NOT protected under the Package Holidays and Travel Trade Act, 1995.
In a Package Holiday - this type of Booking the word Organiser” means [The Operator] the person who arranges your transport, accommodation etc. and who offers it as a holiday. “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 the Booking or any other person to whom you transfer a holiday which you have bought.
5.a) THE CONTRACT
No contract shall arise until deposit or full payment is received by the Consumer.
When you make a booking you confirm that you have the authority to accept and do accept on behalf of your party these booking conditions. 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 wellbeing 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 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 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.
5.b) PERSONS WITH SPECIAL NEEDS
It shall be the Consumer’s responsibility to disclose prior to booking to the Organiser any physical or mental condition of a member of his party which may be relevant and 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 us. 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.5.c) SPECIAL REQUESTS
Special requests (e.g. ground floor accommodation, seaview, etc.) shall be communicated by the Consumer in writing to the Organiser at the time of making the booking. The Organiser shall use reasonable endeavours to fulfil such requests. The granting of such requests is the sole responsibility of the property management. No liability shall attach to the Organiser for failure to comply with a special request and such requests do not form part of the contract.
5.d) PRICE VARIATION
All prices quoted are stated in Euros and are based on tariffs and exchange rates current and appropriate at the time of publication. If any of these vary the cost of the holiday may increase or decrease accordingly. Any such increase/decrease must be paid by or refunded to the Consumer. During the period of twenty days prior to departure date, the price specified in the contract shall not be increased by the Organiser. The circumstances in which the price may be varied shall only be to allow for changes in :
(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.
5.e) THE CONSUMER’S RESPONSIBILITIES
(i) The Consumer shall check all travel documentation immediately it is furnished to him. If the Consumer considers any document to be incorrect or has a query in relation to its contents, he shall forthwith notify the Organiser of his concern and the Organiser shall respond as soon as possible.
(ii) The Consumer is solely responsible for ensuring that he 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, 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.
(iii) The Consumer is restricted by regulation 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 connection 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.
(iv) 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 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.
(v) It is also the sole responsibility of the Consumer to ensure that he 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 or entry as a consequence of the Consumer failing to have their travel documentation or same not being in order.
(vi) 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 HOLIDAY IS THE RESPONSIBILITY OF YOUR HOLIDAY AIRLINE AND WILL NOT AUTOMATICALLY ENTITLE YOU TO REIMBURSEMENT OF THE COST OF YOUR HOLIDAY FROM US.
The Organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser or to that of another supplier of services
(i) the failures which occur in the performance of the contract are attributable to the Consumer;
(ii) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or
(iii) such failures are due to (a) unusual and unforeseeable circumstances beyond the control of the Organiser or other supplier of services, the consequences of which could not have been avoided, even if all due care had been exercised; or (b) an event which the Organiser 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 wilful 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 double the inclusive price of the holiday to the adult concerned and in the case of a minor an amount equal to the inclusive price of the holiday to the minor concerned. The 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.
For international transport by air the provisions of the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1995 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999 relating to the carriage of passengers and their luggage by air may apply, throughout the flight and during boarding and disembarkation. For international transport by water the provisions of the Athens Convention relating to the Carriage of Passengers and their luggage by sea, 1974 may apply. In respect of rail travel, the Berne Convention 1961, in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962 may apply. For the avoidance of doubt, this means that the Organiser is to be regarded as having all benefits of any limitations of liability and 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 to100,000 Special Drawing Rights (“SDRs”) (approximately EUR123,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault. Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately EUR20,000).
Passenger delays In the case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs(approximatelyEUR 5,100).
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately EUR 1,230). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is only liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to the checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the actual carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated that air carrier is the contracting air carrier.
Time Limit for action
Any action in court to claim damages must be brought within two years 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). A copy of the conditions of carriage applicable to the holiday and the Convention referred to above, can be supplied on request.
In the event of any liability on the part of the Organiser for injury, illness or death, no payment will be made unless the following conditions are complied with:
(I) the Consumer must advise the Organiser in relation to the injury or illness while the Consumer is at the resort and must also write to the Organiser within three months of the completion of the holiday;
(II) the Consumer must transfer any rights that the Consumer has, in respect of such injury, illness or death against any person to the Organiser;
(III) the Consumer must co-operate fully with the Organiser to enable the Organiser or its insurers to enforce such rights.
(a) Without prejudice to the Consumer’s rights under Clause 5.g (ii) below, 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.
5.h) GOVERNING LAW & JURISDICTION
This Contract and all matters arising hereunder is to be governed and constructed in accordance with the laws of the Republic of Ireland and the parties hereby irrevocably submit to the jurisdiction of the Courts of the Republic of Ireland.
Because of the ever changing nature of airfare structures and the increasing availability of instant purchase air fares most of the flights which we sell must be paid for in full at the time of booking together with our normal deposit. Most airfares are non-refundable and accordingly cancellation of holidays involving instant purchase/ticketed flights will incur loss of airfare together with our standard cancellation charges. All cancellation charges apply to each person covered by a booking. As cancellation cover applies immediately, any insurance premium paid is not refundable.
5.j) ALTERATION BY THE CONSUMER
If after acceptance by the Organiser a Consumer wishes to alter a holiday, the Organiser may do so at its discretion if practicable. A request for alteration must be made by the Consumer in writing to the Organiser and must be accompanied by a payment of €30.00 per person plus any additional new costs to the booking, 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.. Once travel has commenced, no changes or alterations may be made by the Consumer and no refunds shall be made in respect of flights or other travel arrangements, which are not availed of.
5.k) ACCOMMODATION ON REQUEST
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 the Consumer, the Consumer shall be entitled to a refund of all monies paid to the Organiser less a €30.00 administration charge.
5.l) ALTERATIONS AND CANCELLATIONS BY THE ORGANISER
(i) Without prejudice to the Consumer’s statutory rights, the Organiser reserves the right to alter, change, curtail or cancel a holiday.
(ii) If as a consequence of “force majeure” (as defined in sub-paragraph (vi) of this clause), the Organiser is obliged to curtail, alter, extend or cancel a holiday, the Consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the holiday.
(iii) A minimum number of bookings are required for a programme of holidays. The Organiser’s obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that minimum number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfers by the Consumers or otherwise, the Organiser shall be entitled to cancel or curtail the relevant programme at any time up to 4 weeks prior to the departure date and the Consumer shall not be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Organiser shall notify the Consumer within seven days of any cancellation or curtailment necessitated by the foregoing circumstances.
(iv) (a) If prior to the departure date there is a cancellation, alteration, change or curtailment relating to a holiday, which results in more than 18 hours change in the time of departure or return, or 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) The Consumer shall inform the Organiser 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 . Where the Consumer confirms acceptance of the alteration to the contract, the contract between the Organiser and the Consumer shall thereby be amended to include such alteration.
(c) Where the Consumer withdraws from the contract or where the Organiser, for any reason other than the fault of the Consumer, cancels the package prior to departure the Consumer is entitled (i) to take a replacement package of equivalent or superior quality if the Organiser is able to offer such a replacement, as may be offered by the Organiser; or (ii) 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 (iii) to have repaid as soon as possible all the monies paid under the contract.
(d) In the event that the offer of an alternative holiday is not accepted by the Consumer, in writing, within such time as shall be determined by the Organiser, from the date of the offer of the alternative holiday the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of payments made.
(vi) In this Booking Form the term “force majeure” means unusual and unforeseeable circumstances beyond the control of the Organiser or other suppliers of services, the consequences of which could not have been avoided even if all due care had been exercised or an event which the Organiser or the supplier of services even with all due care could not foresee or forestall, including, Acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.
THE CONSUMER’S ATTENTION IS DRAWN TO THE EXCLUSION CLAUSES AND EXCESSES IN THE INSURANCE POLICY ARRANGED BY THE ORGANISER.
It is a condition of this contract that the Consumer is covered either by the travel insurance scheme arranged by the Organiser or covered by another travel insurance scheme which furnishes the Consumer with at least the same level of cover as that afforded by the travel scheme arranged by the Organiser. It is the responsibility of the Consumer to check that the insurance scheme provides the Consumer with his desired level of cover. In so arranging insurance cover for the Consumer the Organiser is acting as the agent of the relevant insurer and shall not be responsible to the Consumer for any default by the insurer under that policy. All claims made against the insurance policy shall be made directly to the insurer. The Consumer shall be responsible for making any special or increased insurance arrangements which he deems necessary.
5.n). DATA PROTECTION
(a) Booking Information
(b) Information about you (and your travelling party) may be passed to holiday providers and others and may include things such as age, religious beliefs, dietary requirements, you (or your travelling party’s) physical or mental health. This information may also be transferred abroad;
(c) If you apply for insurance, then we may process information (including medical information) about you (or your travelling party) and pass it to the insurers;
(d) Information supplied by you may be processed by us for Statistical Analysis and or Market Research and may in certain instances be disclosed to our agents for the purpose of fraud prevention and or debt collection;
(e) Direct Marketing: To contact you via e-mail, letter or phone with details of Gohop.ie’s or selected suppliers' products and services. You will be given the oppourtunity on every e-communication we send you to indicate that you no longer wish to receive our direct marketing material. If you do not wish to receive such information you have the right to ask in writing not to receive direct marketing material about our products and services, by using our “unsubscribe e-mail or text” in literature which you subsequently return to us. Once properly notified we will take steps to stop using your information in this way.
(f) A copy of your personal information held by Gohop.ie can be provided on request. You have the right to have any inaccurate personal information rectified or erased.
(ii) Please note that airlines are required by in the United States and other countries to give border control agencies access to passenger data. Accordingly, any information we hold about you and your travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary.
5.o) Identity of Carriers
We are obliged to inform you, at time of booking, of the identity of the operating air carrier(s) which is due to perform, or likely to perform, your flight and if there are any changes to the operating air carrier(s) we are obliged to inform you of any such change(s) as soon as possible. If we don’t know the identity of the operating carrier(s) at time of booking, we must inform you of same as soon as such identity is established. In all cases, we are obliged to inform you of the identity of the operating air carrier at check-in or on boarding, where no check-in is required for a connecting flight. In 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 at