Marian Pilgrimages Booking Conditions

PLEASE NOTE - Our pilgrimages depend on the amount of passengers booked. Marian Pilgrimages reserve the right to cancel and pilgrimage due to insufficient numbers.

BOOKING CONDITIONS On this webpage 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 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.

1. THE CONTRACT No Contract shall arise until the Consumer receives a booking reference from the Organiser, via their computer system, or, when this number is given by the Organiser to the Consumer and paid the deposit or full payment for the holiday. The terms of the contract between the Consumer and the Organiser are contained solely on this webpage, 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 webpage are payable by the Consumer Further, where as a result of the Consumer's actions or the actions of any other person who is fisted on this webpage 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 CONTRACT ONLINE

2. DISABLED PERSONS 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 and no liability shall attach to the Organiser for the provision of an unsuitable holiday for a disabled person where disclosure of the disability has not been made to the Organiser where booking has been made directly with the Organiser. The Organiser reserves the right to decline or provide a holiday for a disabled person where in the Organiser's opinion that holiday would be inconsistent with the special needs of a disabled person.

3. PAYMENT (a) The holiday must be paid in full at least 8 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 contract is made later than 8 weeks before the scheduled date of departure, it must be paid for in full on completing your booking. If the Organiser exercises that options or if the cancels the holiday (which cancellation must be notified in writing to the Organiser the following cancellation charges are payable, per party by the Consumer more than 6 weeks before the departure date any deposit paid shall be forfeited). Within 6 - 4 weeks of departure 30% of the cost of the holiday is forfeited Within 4 - 2 weeks of departure. 45% of the cost of the holiday is forfeited Within 2 weeks -72 hours of departure 60% of the cost of the holiday is forfeited Within 72 hours 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) 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. SUBSTITUTION (a) Where the Consumer is prevented from proceeding with the holiday, he 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 reasonable notice in writing of his intention to do so before the departure date (such notice shall not be less than 21 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. (b) A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Organiser 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). (c) Insurance is not transferable. (d) The Consumer who transfers a holiday booking and the transferee should be aware that some 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.

5. 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, to facilitate that change. A request for alteration must be made by the Consumer in writing 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 C32 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 she 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.

6. SPECIAL REQUESTS Special requests (e.g. ground floor accommodation, sea view, 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. 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.

7. ACCOMMODATION ON REQUEST Where accommodation is "on request" an additional administration charge of C13 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 C13 administration charge.

8. CHILDREN & INFANT PRICES When children and infant ages are requested, these ages correspond to the ages of the individuals at date of travel and for the duration of the holiday. If the age of the individual changes throughout this period the the higher age will be used.

9. ALTERATIONS AND CANCELLATIONS BY THE ORGANISER (a) Without prejudice to the Consumers statutory rights, the Organiser reserves the right to alter, change, curtail or cancel a holiday. (b) If as a consequence of "force majeure" (as hereinafter defined in sub-paragraph (f) of this clause), the Organiser is obliged to curtail, alter, extend on 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) 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 Consumers or otherwise the Organiser shall be entitled to cancel or curtail the relevant programme at any time up to four weeks prior to the departure date and the consumer shall not be entitled to make a claim for any loss arising as a consequence of cancellation or curtailment in the circumstances. The Organiser shall notify the Consumer, in writing, within seven days of any cancellation or curtailment necessitated by the foregoing circumstances. (d)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. (d)ii 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 of a circumstance falling within clause 8(d)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. (d)iii Where the Consumer withdraws from the contract pursuant to clause 8 (d)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 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. (d) 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 (e) Further, where the organiser cancels, alters, changes or curtails the holiday as contemplated in sub-paragraph (d)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 (b) or (c) of this clause or where the Consumer accepts the alterations provided for in clause 8 (d)ii. Notification period prior to departure date. Compensation per person Within 8 Weeks C20.00 Within 6 Weeks C32.00 Within 4 Weeks C45.00 Within 2 Weeks C64.00 (f) In this webpage, the term "force majeure" means 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 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.

10. 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 excess 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. Unless the Consumer, when booking expressly indicates otherwise, the consumer shall be automatically covered by the Organiser's travel Insurance scheme and the premiums will be added to the price of your holiday 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 scheme being taken out by the Consumer.

11. PRICE VARIATION All prices quoted are stated in Euro 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. (a) transport 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.

12. 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 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 to ensure all travel documents ie. passports and visas are in order. (c) 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 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 ail 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.

13. 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 improper performance is due neither to any fault of the Organiser acting on the organisers behalf nor to that of another supplier of services because - (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 nave been avoided even if all due care had been exercised; or (b) an event which the organiser even with all due care, could not foresee the 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 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. 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, 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 (as amended) relating to the carriage of passengers and their luggage by air or the EU Regulation on Air Carrier Liability for travel 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 applies. Pursuant to these Conventions and the Regulation, the Organiser's liability is limited or excluded for death, personal injury, loss of or damage to luggage, and special provision is made for valuables.

14. 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.

15. ARBITRATION Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto in relation to any thing or matter arising under, Out of or in connection with this contract and/or the holiday connected to this contract shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators - Irish Branch. (Details of the said Arbitration Scheme are available on request). Alternatively, claims for less than the jurisdiction of the District Court Small Claims Procedure per booking my be pursued through the Small Claims Court. All claims in excess of the jurisdiction of the District Court Small Claims Procedure shall be referred to arbitration (details of Arbitration available on request)

16. GOVERNING LAW The terms of the contract as provided for in clause 1 (a) of this webpage is to be interpreted under and is subject to the laws of the Republic of Ireland.

17. 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.

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