These conditions form the basis on the contract between us when you purchase a holiday, flight or accommodation from us.
You are booking your holiday with Lee Travel, trading as Stein Travel. Lee Travel is licensed and bonded with the Commission for Aviation, Dublin. The license number is 0162. In this Booking Form the word ‘Organiser’ means the person who arranges your transport, accommodation, etc. and who offers it as a holiday. ‘Consumer’ means you, the person who buys or agrees to buy the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the Booking Form or any other person to whom you transfer a holiday, which you have bought. The ‘Retailer’ is the person who sells the holiday to you. He is not responsible for organising the flight, accommodation or other component parts of the holiday. The ‘Brochure’ refers to any sales, advertising or promotional material published by the Organiser, or displayed on the Organiser’s official website.
1. PAYMENT / CANCELLATION CHARGES
A deposit must be paid to secure any booking. A second payment of €100 per person is due 4 weeks after booking. The holiday must be paid for in full at least 10 weeks before the scheduled date of departure. If it is not paid by that date, the Organiser shall have the option to cancel the holiday. If the Organiser exercises that option or the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser) the following cancellation charges are payable by the Consumer:
• More than 10 weeks before the departure date - the cost of the holiday flight OR the deposit paid shall be forfeited - whichever is the greater
• Within 10 weeks of departure 100% of the cost of the holiday is forfeited.
All cancellation charges apply to each person covered by a booking. Any insurance premium paid is not refundable. In a case where only some of the customers booked cancel, the organiser may, in addition to levying cancellation charges, adjust the price of the holiday for the remaining customers. In a case where the number of customers on a booking falls below the minimum number required for the particular accommodation booked the organiser may deem the entire booking to have been cancelled and levy cancellation charges accordingly. In all cases of cancellation all customers covered by a booking shall be jointly and severally liable to the Organiser for all charges including cancellation charges and price adjustments.
2. LOCAL TAXES, LEVIES & CHARGES
Please note that some countries and / or resorts abroad impose a tourist tax which is only payable locally in that resort. Many individual hotels impose a charge which is required by local authorities and this must be paid personally by every visitor. This is usually a daily charge representing a minor cost (and the amount may vary depending on the hotel category or booking season) and is borne by the visitor. This matter is beyond our control as it is a local Government charge.
3. THE CONTRACT ONLINE
The information contained in this document constitutes as advertisement only. The customer, by agreeing to these conditions, credit card details, and other information, makes an offer to the Retailer for the selected holiday. The Retailer may either accept or reject this offer. Email notification of acceptance or rejection will be communicated to the Customer at the e-mail address, which the Customer provides. The Customer recognises that a contract for the service is immediately formed with the Organiser when the Retailer, as agent for the Organiser, sends any such notification of acceptance. There is no requirement for exchange of signed hard copies of the agreement. By making an offer in accordance with these terms, the Customer consents to the formation of this contract electronically. Any dispute arising in connection with the contract shall be determined in accordance with the laws of the Republic of Ireland.
The particulars of any holiday advertised on this website are subject to confirmation and acceptance by the Retailer. The particulars may be altered by the Retailer upon notice to the Customer at any time up to 7 days before the holiday departure date where any particular contains an obvious mistake.
These credit card details should be submitted by the credit card account holder. In the event that the Customer is not the credit card account holder, the Customer hereby acknowledges that they are representing that they have the authority of the credit card account holder to submit these credit card details. Criminal or civil liability may attach to a person who submits credit card details without authority.
When you make a booking on www.steintravel.ie, you will receive an email immediately with the details of the holiday to the email address supplied by you. Shortly after this, within 24 hours, you will receive a statement by email, with the deposit and balance payment details. You holiday is not confirmed until you receive this email statement.
All online and dynamic package holidays sold by Stein Travel contain a €50 booking and service fee.
4. ONLINE BOOKING OPTIONS
When making a booking on www.steintravel.ie a Consumer or Retailer may chose Flights, Hotels or Worldwide Holidays. Flight or Hotel bookings will each be comprised of the one relevant component only. When booking a Holiday, flights and accommodation will be included. Transfers and luggage can be added as an optional extra. Not included in a Worldwide Holiday is a Rep visiting service in resort.
(a) Where the Consumer is prevented from proceeding with a holiday, he may where practicable for the Organiser transfer his booking, having first given the Organiser or Retailer reasonable notice in writing of his intention to do so before the departure date.
The transferee of the Consumer, by accepting the holiday, agrees to the terms and conditions of the Organiser and must comply with any other requirements of the Organiser applicable to the holiday.
(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 package and for a substitution fee. As the Organiser is using scheduled airlines the amount of the substitution fee will depend on the current applicable Airline Charge for the substitution plus an administration fee of €50 per person substituted, together with all reasonable costs incurred by the Organiser as a result of the transfer.
6. ALTERATION BY THE CONSUMER
If after acceptance by the Organiser, the Consumer wishes to alter a holiday, the Organiser may facilitate that change at its discretion. A request for alteration must be in writing and must be accompanied by a payment of €50 per person which payment is not refundable together with any supplier charges incurred by the Organiser as (b) above. If the alteration is impracticable, the original holiday arrangement shall be seen to apply. If some only of the Consumers booked request for 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 rights referred to in Clause 2
7. SPECIAL REQUESTS
Special requests (e.g. low floor, 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 fulfill such requests. No liability shall attach to the Organiser for failure to comply with a special request. However such request does not form part of the contract. Special requests cannot be processed within 6 weeks of departure. Request for a change to the date of departure or destination cannot be accepted within 2 weeks of commencement of the package.
8. DISABLED TRAVELLERS AND PASSENGERS WITH REDUCED MOBILITY
We cannot be held responsible if you fail to tell us about special needs/requirements that will affect your holiday experience and this means we will not compensate you. For customers who require support or advice prior to booking, please note carefully the information below regarding different travel arrangements and for further assistance please contact us on 066 4011150 If you have a medical / mobility problem / condition or disability which may affect your holiday, we suggest that you contact our sales team before you confirm your booking. We and our suppliers may require a doctor's certificate or other documentation, information or waiver relating to such disability, medical / mobility problem or condition or fitness to travel as we or our suppliers consider necessary. In any event, you must give us full details in writing at the time of booking.
The Organiser reserves the right to decline to provide a holiday for a person with a disability where, in the Organiser’s opinion, that holiday would be inconsistent with the special needs of that person.
9. ALTERATIONS BY THE ORGANISER
(a) The Organiser reserves the right to alter, change, curtail or cancel a holiday.
(b) If as a consequence of force majeure (as hereafter defined in sub-paragraph (f) 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.
(c) If the Organiser has specified a minimum number of bookings 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 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.
(d) 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 of any single flight, or a change in resort or type of accommodation offered, or some other change which significantly alters the holiday, the Organiser shall, if practicable, offer an alternative comparable holiday of at least similar standard or shall refund the Consumer all monies. Unless within seven days of issue of the offer of an alternative holiday, it is accepted by the Consumer in writing, the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of payments made.
(e) Flight times as confirmed at the time of booking are subject to change for operational reasons, by the various airport scheduling committees, Scheduled Airlines and for other reasons. Some flights may have to stop en route. These changes will not be regarded as significant and the consumer will not be entitled to cancel without payment (see Clause 4) or to receive compensation (except where such changes are of more than 18 hours - see sub-paragraph (d) above.) (g) In this Booking Form, the term Force Majeure means 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 civil 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 connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.
10. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither the suppliers with which you contract nor we accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please note that all names on any booking must be exactly as set out on your passports. It is your responsibility to have valid travel documents. If we or your carrier are fined as a result of you having incorrect documents, you will have to pay us the full amount.
It is a condition of booking that you take out our special Holiday Insurance, or arrange another policy equal or superior cover should you choose to arrange your own insurance. Details of this policy, loss adjuster details and a 24 Hour emergency telephone number must be communicated to the Organiser prior to departure. As cancellation cover applies immediately, no refund of premiums can be made.
12. ONLINE DESCRIPTION ACCURACY
The Stein Travel website descriptions are prepared many months before the season commences, and although every effort is made to ensure complete accuracy, it is inevitable that some of the details contained therein may have changed since the descriptions were prepared. The Organiser shall inform the Consumer of any changes that the Organiser becomes aware of. All prices quoted are stated in Euro and are based on tariffs, taxes, transport costs including fuel and current exchange rates. The flights referred to on the Stein Travel Website are scheduled to be operated by Aer Lingus, Ryanair, and other schedule and charter airlines. We reserve the right to change airlines or aircraft types at any time. Such changes will not be regarded as a significant change and the Consumer will not be entitled to cancel the holiday without paying the appropriate cancellation charges (see ‘Payment’ section above).
13. DEFAULT BY THE CONSUMER
(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 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.
(b) The Consumer is restricted by regulation of carriers and executive authority 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 regulations applicable. (c) 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 the 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.
14. BUILDING WORK AND NOISE PROBLEMS
Building work and noise are almost unavoidable in some resorts. Unfortunately, such developments are completely outside our control and we do not receive advance notice of when they will begin. The Consumer acknowledges and agrees that the behaviour of other holidaymakers (be they clients of the Organiser or otherwise) is a matter outside the control of the Organiser and the Organiser is not liable for any disruption, inconvenience, disturbance, or diminution of enjoyment of the Consumer’s holiday arising from the misbehaviour of other holidaymakers.
(a) If the Consumer wishes to make a complaint in relation to a holiday he must immediately inform the person on duty at the location where the Consumer is when the complaint arises (e.g. hotel reception) 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 requirements, 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) Notwithstanding any action taken under sub-paragraph (a) of this Clause the Consumer shall be obliged to notify the Organiser in writing of any unresolved complaint not later than 28 days after his return to the port of departure or termination of the holiday whichever is the earlier. The Organiser shall be entitled to a reasonable period of time within which to investigate any written complaint received from the Consumer and to respond thereto before any arbitration or other legal proceedings are initiated by or on behalf of the Consumer.
(a) 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 Organisers behalf nor to that of another supplier of services where
(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;
Force Majeure, that is to say, unusual and unforeseeable circumstances 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 has been exercised: or an event which the Organiser, the Retailer acting on his behalf or the supplier of services, even with all due care, could not foresee or forestall.
(b) In the case of damage other than death or personal injury or damage caused by 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 Package to the adult concerned and in the case of a minor an amount equal to the inclusive price of the Package to the minor concerned.
(c) In the case of damage arising from the non-performance or improper performance of the services involved in the package holiday the Organiser’s liability to pay compensation shall be limited in accordance with any international convention in force governing such services in the place where they are performed or are due to be performed.
17. ARBITRATION ARRANGED BY THE CHARTERED INSTITUTE OF ARBITRATORS - IRISH BRANCH ON
BEHALF OF Lee Travel, t/a STEIN TRAVEL Administered under the Rules of The Chartered Institute of Arbitrators - Irish Branch (‘the Institute’)
Most problems related to a holiday are resolved by informal discussions directly between the Organiser/Retailer and the Consumer. Where agreement is not possible, the matter is then to be referred to Arbitration.
Arbitration is the settlement of a dispute by an impartial Arbitrator. Arbitration is a private dispute resolution procedure and is a legally binding means of resolving such a dispute. An Arbitration Agreement is an agreement to refer a dispute to Arbitration, usually in the form of an Arbitration Clause as included in the standard booking conditions of the Organiser. A submission to Arbitration is called a Reference and the decision of an Arbitrator is an Award.
APPOINTMENT OF AN ARBITRATOR
If there is a dispute which cannot be mutually agreed, either party may apply directly to the Institute at 31, Mespil Road, Dublin 4, for the form Request for Appointment of Arbitrator.
This form sets out the information to be submitted: names and addresses of the parties concerned, copies of the booking form and conditions (including Arbitration Clause), details of any legal or other people who are to represent the parties in the Arbitration and an administration fee. This form refers to the Institute’s Arbitration Rules which will apply to the Arbitration and which are briefly summarised as follows (copies of the Rules and the accompanying guidance Notes on Arbitration are available from the Institute at a nominal cost).
Once an Arbitrator has been appointed he is in complete charge of the reference, deciding the procedure as he considers best, and the Institute’s Rules deliberately give him this flexibility.
QUESTIONNAIRE FORM In this scheme, the Arbitrator will first send out a detailed form for completion by both parties. This will provide him with the details of the actual dispute so he can decide when and where to hold a hearing with both parties to present their cases.
While an award may be made by an Arbitrator based on the documentary evidence sent to him by the parties, it is open to both parties to present their case to him at an informal hearing.
The Arbitrator’s decision is made formally in his Award which is sent to both parties. The Award is a final and binding resolution of the dispute.
A fee is payable to the Arbitrator for the conduct of the Arbitration. The Arbitrator has absolute discretion to award costs as he thinks fit.
18. DATA PROTECTION
Lee Travel, trading as Stein Travel is committed to protecting your privacy and information. The information that you supply to us will only be used for fulfilling your holiday.