Our Agreement for package holidays booked from 17/03/20 to 01/06/20
|Booking Your Holiday|
When you book your holiday you are accepting Our Agreement on behalf of everyone travelling with you. We will only deal with you, the lead name, and you must be an adult when you book. Anyone aged under 18 on your holiday must be accompanied by an adult.
When we say “you” and "your” we mean you, as the lead name, or you and everyone travelling, depending on the context.
Our Agreement, includes our A-Z Guide, the conditions of carriage of the airline or cruise operator and the provisions of international conventions (including the Warsaw, Montreal and Athens conventions) that apply to travel by air, land or sea. Please ask for a copy of any conditions applicable. Our Agreement along with the relevant details in the booking confirmation is the entire agreement between us for your holiday.
Our Agreement is made under the laws of Republic of Ireland. You submit to the exclusive jurisdiction of those courts. You can choose the law and jurisdiction of England and Wales, Scotland or Northern Ireland but only if you live there.
You must ensure all information you give is correct. We’ll use the personal data you give us in line with our Privacy Notice. You must pass on any information we give you to everyone travelling.
You must comply with all passport, visa and other immigration requirements. Your passport and travel documents must be in good condition – you may be refused travel if they are damaged.
If you are not self-reliant or have reduced mobility (like finding it hard to walk 500 metres) you must tell us before you book and if this changes tell us at least 48 hours before your holiday.
The Price You Pay
When you book your holiday, you must pay a deposit unless this is within 4 weeks of your holiday when you must pay in full. We’ll tell you the price of your holiday and the deposit before you book. At least 4 weeks before you go you must pay the full balance. If you don’t, we can cancel your holiday and charge you a termination fee.
When you book your holiday, we’ll send your booking confirmation within 14 days. Mistakes can happen, so if any price on your booking confirmation, our website or our booking systems is obviously wrong, a booking made based on that price won’t be valid, we can cancel it and refund you unless you want to pay the correct price.
If your holiday price changes because of movement in the relevant exchange rates, taxes or fees charged by someone else including tourist or landing taxes, port or airport fees or the cost of transport fuel or other power sources we can charge you that increase or refund to you a decrease (less our administrative expenses) providing it doesn’t happen within 20 days before the start of your holiday. If we need to do this, we’ll forward an amended invoice to you showing the changes made along with a detailed explanation.
We’ll absorb any increase of 2% or less of your holiday price, so we won’t pass on any increase below that level, similarly we won’t refund a cost decrease of less than 2% of your holiday price.
If the increase is more than 8% of the holiday price, you may cancel your holiday within 14 days of us telling you about the increase and we’ll refund your holiday price except any amendment charges; and the increase will be considered a major change, see below.
|Before Your Holiday|
If You Change Your Holiday
Sometimes you can make changes to your holiday. The table below shows the amendment fee that we charge. Where we treat your change as a cancellation, you will pay a termination fee instead of an amendment fee. If the new holiday is more expensive, you will need to pay the fee and the difference in price.
Airlines or other transport providers can charge a fee for a change and sometimes treat a change as a cancellation. Fees can be up to 100% of the price for that part of your holiday. You must pay those fees as well as the amendment fee shown below.
When making changes, the price of your new travel arrangements will be based on the price that applies on the day you make the change. Please note there won’t be any reduction in the price you pay, even if your new travel arrangements are cheaper than your original booking.
If your change means fewer adults travel, and your holiday price is based upon the number of adults, we’ll recalculate the total price and the price per person may go up. This extra price isn’t a termination fee. You will also need to pay the appropriate proportion of the termination fee for the adult who has cancelled. See “If you Cancel Your Holiday”.
Some elements of your holiday, such as excursions, transfers, children's activities, flight or accommodation options, room/board upgrades, late check-out rooms theme park tickets and airport parking, may be non-refundable.
You may transfer your holiday to someone else if you give us at least 7 days’ notice in writing or by email and the new lead name accepts the transfer and the terms of Our Agreement – insurance can’t be transferred. You will be responsible, together with the new lead name, for our amendment fees and any costs as a result of the change.
|Amendment Fees||71 days or more before your holiday||70 – 29 days before your holiday||28 - 22 days before your holiday||21 - 0 days before your holiday|
|To change a name, passenger or passenger type (you can correct a spelling error without paying a fee)||€25 per person||€25 per person||€25 per person||€25 per person|
|To upgrade a service, add on a flight extra, upgrade a room type or board basis||No fee||No fee||No fee||No fee|
|To change duration, the time of a TUI Airways flight or to travel on an earlier date than planned.||€50 per person||€50 per person||€50 per person||€50 per person|
|To change accommodation, departure or destination airport, or to change a flight not operated by TUI Airways.||€50 per person||€50 per person||Treated as a cancellation||Treated as a cancellation|
|To travel on a later date than planned||€50 per person||€50 per person||Treated as a cancellation||Treated as a cancellation|
If You Cancel Your Holiday
To cancel your holiday you must tell us as soon as possible. If you booked using a travel agency, that agency must tell us. When your holiday has been cancelled you will receive a cancellation invoice.
You must pay a termination fee which covers our administration costs and compensates us for the risk that we do not resell your holiday. The fee is based upon how long before your holiday you tell us you want to cancel and is a percentage of the total price of your holiday.
|How long before your holiday you cancel||Percentage Of Your Holiday Price|
|28 days or more||Loss of deposit|
|27 - 15 days||90%|
|14 - 0 days||100%|
Your deposit is non-refundable, even if the termination fee is lower than the deposit. We may not be able to refund elements of your holiday if they are added extras.
If We Cancel Your Holiday
If we cancel your holiday, except where it’s because you haven’t paid or you have been disruptive, you can have a refund or accept a replacement holiday from us of a similar standard and price if we can offer you one. We’ll also pay the compensation shown below (unless we have cancelled because of one of the reasons listed in ‘Events Beyond Our Control’ or where you haven’t paid) and we’ll refund the difference if the replacement holiday is of a lower price.
If We Change Your Holiday
We aim to give you what we promise but, as we plan our holidays a long time in advance, sometimes things can change. We can make a change at any time but will let you know before your holiday if there’s time.
Flight times given are for guidance only – your actual times will be shown on your e-ticket. Check that carefully when you receive it. Aircraft type can change and some facilities such as entertainment or advertised seat pitch may not be available. If we can’t provide a seat option, we’ll refund the price you paid for that option.
Occasionally, we may have to make a major change to your holiday such as a change of destination, a change of accommodation to a lower category, a change in flight time by more than 12 hours or a change of UK or Irish departure airport. A change in flight time that we need to make within 24 hours before you are due to fly is not a major change unless the time changes by more than 24 hours.
If we tell you about a major change after you book your holiday, you can accept the new arrangements offered by us; or accept a replacement holiday from us of the same or similar standard and price at the date of the change, if we are able to offer you one; or cancel your holiday with us and receive a full refund.
If we make a major change we’ll pay the compensation shown below, unless the change is because of an event beyond our control, and we’ll always refund the difference in price if the replacement holiday is a lower price at the date of the change. Any compensation payable is based upon how many days before your holiday departure we tell you about a major change. We’ll pay 50% of the compensation for each person who paid a child price. No compensation will be paid for free child places.
|How long before your holiday we tell you about a major change||Compensation per person|
|84 days or more||0|
|83 - 29 days||€30|
|28 - 15 days||€40|
|14 - 8 days||€50|
|7 - 0 days||€100|
Events Beyond Our Control – Examples of events beyond our control are: war, threat of war, riots, civil disturbances, terrorist activity or its consequences, industrial disputes, any failure to secure relevant flying rights, natural or nuclear disasters, fire, health risks, unavoidable and unforeseeable technical problems with transport, closed or congested airports or ports, actual or potential severe weather conditions, the imposition of sanctions or other Governmental action and any other similar events.
|On Your Holiday|
Only you can use your accommodation. You must not let anyone else stay there. You are responsible for any damage to your accommodation or its contents during your holiday.
We can refuse to accept you on your holiday or continue dealing with you if we, or someone in authority, believe your behavior (by any form of communication or in person) is disruptive. The Captain of your aircraft or ship can restrict your movements on board or remove you.
If you are disruptive and stopped from boarding your flight, or disruptive during your flight, we’ll treat your booking as cancelled by you at that moment. If you are disruptive on your holiday we can remove you from your accommodation and you will be responsible for your own return home and for any other members of your group who cannot or will not travel without you. You will not be entitled to a refund in either case and we will not provide compensation or meet any costs or expenses.
If you are disruptive you will be responsible for any damages, costs and expenses (including legal expenses) incurred as a result. This can include cleaning, repairing or replacing property lost, damaged or destroyed by you, compensating any passenger, crew, staff or agent affected by your actions and diverting the aircraft or ship for the purpose of removing you.
Disruptive behavior includes being threatening or abusive, damaging property, upsetting, annoying or disturbing any other traveller, our staff or agents or putting any of them in danger.
We may introduce you to suppliers of excursions or other services. If you buy one of these, you’ll be contracting with the supplier directly, we act only as an agent and have no liability for the performance of that contract. Our Agreement doesn’t apply to any contract for excursions or other services.
|If Things Go Wrong on Your Holiday|
You benefit from the rights applying to packages under The Package Holidays and Travel Trade Act 1995 (as amended by the European Union (Package Travel and Linked Travel Arrangements) Regulation 2019). We are responsible for all the travel services included in your holiday. If any of them isn’t provided as we agreed, we’ll pay you compensation, if appropriate, unless it’s due to an event beyond our control (see 'Events Beyond Our Control'), is your fault or is caused by a third-party.
If you are in difficulty on your holiday we’ll help by providing information on health services, local authorities and consular assistance. We’ll help you make phone calls, send emails or make alternative travel arrangements. You must pay any costs we incur if the difficulty is your fault.
If You Have A Complaint
It is very rare for things to go wrong. If they do, you must tell the travel service provider in question (e.g. the hotel) and our representative straight away so they can solve the issue. If our representative isn’t available, you should contact our TUI Experience Centre which is open 24/7. If you’re still not satisfied, contact After-Travel Customer Support within 28 days of coming home so we can investigate properly. Contact details are in the A-Z Guide.
Your holiday is made up from services provided by travel service providers who follow local standards. Overseas safety standards are generally lower than in the Republic of Ireland.
If anyone travelling suffers injury, illness or death because of the services provided as part of your holiday, you must tell us and the travel service provider involved about it and complete a report at the time.
After your holiday you can contact After-Travel Customer Support. It must be no more than 3 months after you come home so we can investigate properly. Contact details are in the A-Z Guide.
|Protecting Your Money|
We provide security for the money you pay for your holiday and to bring you home in the event we become insolvent. The Package Holidays and Travel Trade Act 1995 (as amended by the European Union (Package Travel and Linked Travel Arrangements) Regulation 2019) require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency. We hold Tour Operators Licence Number TO021 issued by the Commission for Aviation Regulation, 3rd floor Alexandra House, Earlsfort Terrace, Dublin 2, D02 W773, Tel: + 353 1 6611700, Email: firstname.lastname@example.org and as a requirement have arranged an approved secured bond. This means that when you book a holiday with us you can be entirely confident that in the unlikely event of our insolvency before or during your holiday, any money you have paid to us is fully secured, and if you are overseas, that full arrangements will be made to repatriate you at the end of your holiday.