In this Booking Form the word Organiser” means “I wanna go on vacation” and all person’s that work at “I wanna go on vacation” who arranges your transport, accommodation etc. and who offers it as a holiday / vacation. “Consumer” means you, the person who takes or agrees to take the holiday / vacation or any person on whose behalf you agree to purchase the holiday / vacation and who is listed on the Booking Form or any other person to whom you transfer a holiday / vacation which you have bought.
THE CONTRACT
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 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 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:
- there is a delay or diversion to the means of transportation the subject of this contract;
- 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.
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 / her 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 Organiser where the 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.
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.
PRICE VARIATION
All prices quoted are stated in currency agreed from the outset of the contract, 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 : transport costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes orembarkation or disembarkation fees at ports and airports, or the exchange rates which apply to the particular package, if relevant.
THE CONSUMER’S RESPONSIBILITIES
The Consumer shall check all travel documentation immediately when it is furnished to him / her. If the Consumer considers any document to be incorrect or has a query in relation to its contents, he / she shall forthwith notify the Organiser of his / her concern and the Organiser shall respond as soon as possible.
The Consumer is solely responsible for ensuring that he / she presents himself / herself at the port / Airport 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.
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 / vacation. The Consumer shall be responsible for ascertaining any limitations which apply in this regard and shall not present himself at the port / airport of departure with any prohibited item/s in his luggage or on his person or with items which exceed weight or dimension restrictions applicable.
The Consumer hereby agrees that he / she 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.
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 or entry as a consequence of the Consumer failing to have their travel documentation or same not being in order.
COMPLAINTS
Without prejudice to the Consumer’s rights under Clause below, if the Consumer wishes to make a complaint in relation to a holiday, he/she 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.
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 / airport of departure or termination of the holiday whichever is the earlier and no complaint received thereafter shall be entertained.
PAYMENT
The holiday / vacation must be paid for in full on the signing of the Booking Form / Agreement.
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, 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 / vacation, cancellation charges may apply and 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 in respect of flights or other travel arrangements, which are not availed of.
ALTERATIONS AND CANCELLATIONS BY THE ORGANISER
Without prejudice to the Consumer’s statutory rights, the Organiser reserves the right to alter, change, curtail or cancel a holiday.
If as a consequence of “force majeure” (as 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.
In this Booking Form the term “force majeure” means unusual and unforeseeable circumstances beyond the control of the Organiser, the consequences of which could not have been avoided even if all due care had been exercised or an event which the Organiser, 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 / vacation, 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.
INSURANCE
IT IS THE SOLE CONSUMER’S RESPONSIBILITY TO ORGANISE THEIR OWN INSURANCE – THE ORGANISER CAN OFFER INSURANCE PREMIUMS / SUPPLIERS ETC, PLEASE CHECK AT TIME OF BOOKING.
DATA PROTECTION
The Organiser is committed to protecting your privacy and information. A copy of our privacy policy is available on request from “I wanna go on vacation”.
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.
