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1.THE CONTRACT
Our contract is formed and is binding on both of us
once we have received your fully completed Booking Form
and your deposit or full payment has cleared to us.
You and each member of your party on the Booking Form
are bound by the terms of this contract. Our address
is Trabolgan Holiday Village, Midleton, Co Cork, ROI.
The contract between us incorporates:
* The whole of the current brochure and if applicable
the contents or any promotions literature:
* All written communications between us;
* You and each member of your party must comply with
all the terms of our contract and any reference to “you”
in this contract should be interpreted as applying to
all of you, unless otherwise stated.
You should comply with all of the rules applying to
the Village. Our contract is effective from the date
it is made and lasts until you leave Trabolgan (including
any extensions of time to your original booking).
(a) Right To Decline
We reserve the right to ask for information about any
member of your party including age, gender, address,
your or their previous visits to Trabolgan and to decline
any booking at our sole discretion, for example but
not limited to situations, where the party consists
entirely of males and/or females who are under the age
of 21.
(b) Infectious or Contagious Medical Conditions
If you or any member of your party contracts an infectious
or contagious medical condition we reserve the right
to cancel your holiday or ask any, or all of you to
refrain from participating in certain activities, or
ask you to leave The Village immediately should we in
our sole discretion consider it necessary to protect
the health of other guests and staff.You should inform
us immediately should any such condition develop within
four (4) weeks of your arrival or whilst you are on
holiday with us.
(c) Special Requests
A special request, e.g. for cots or high chairs in our
holiday homes only/your wish to participate in a special
interest break/suitable accommodation for disabled guests,
etc., which you detail to us will only form part of
your contract when confirmed as accepted by us in writing.
(d) Guest with Disabilities
For any information you may require with regard to facilities
for the disabled, please call our helpline on 021 4661551
(International Calls 00 353 21 4661551), between 9am
and 5pm Monday to Friday (except Bank Holidays).
(e) Updates Needed
You must keep us up to date with any changes in the
condition of your party or any member of it and notify
us of any change in the information you previously provided
to us at the time of booking, in order that we can fully
appraise and advise you as to the best course of action
in the circumstances.
(f) Included in the Price of Your Holiday
Accommodation or touring caravan site as booked, membership
of Trabolgan holiday club and all facilities listed
in the description of The Village as included in the
price of your holiday. Please note the provisions in
section 4 (c) of this contract. Separate agreements
will be formed between us for use of facilities or participation
in activities not included in the price of your holiday,
and special conditions may apply. These will be outlined
to you.
(g) Group Bookings
Special conditions apply, please contact us for further
details and/or information.
(h) Bed Linen and Towels
Bed linen is provided once per holiday in all our holiday
homes. Cot linen/towel/tea towels/dish cloths are not
provided.
(i) Trabolgan Holiday Club
Membership of our holiday club is essential to enjoy
the facilities we offer. You and all members of your
party will automatically be enrolled.
(j) Taxation and Price Guarantees
All prices shown are inclusive of VAT, if applicable,
at the rate in force when this brochure was sent to
press. We reserve the right to increase or decrease
our prices should there be any variation in:
* Transportation costs including fuel (if appropriate).
* Dues, taxes or fees;
* Currency fluctuations.
We will not increase any of our prices within 30 days
of the start of your holiday and we will in any event,
absorb the first 2% of any of the above increases.
2.AMENDING YOUR BOOKING
No changes are permitted to the arrival date as booked, within 56 days of arrival.
Where more than 56 days notice is given, amendments may be made when practicable
subject to a €12 fee for each amendment.
Cancellation by You
Should you wish to cancel your holiday with us, you must write to us to let
us know immediately. If we receive your written notice the following cancellation
charges are payable;
56 days or more loss of deposit.
55 - 43 days 40%
42 - 29 days 50%
28 - 15 days 75%
14 - 8 days 90%
7 - 0 days 100%.
All cancellation charges apply to the total house price paid. Any insurance
premiums invoiced are non-refundable. If you are prevented from taking you holiday
due to serious illness, recent bereavement, redundancy or jury service, you
may be able to avail of the Holiday Insurance Policy (subject to premium being
paid at time of booking). Please read the Holiday Insurance Schedule attached
to the Holiday Quotation. It is very important that you are adequately insured.
3. INSURANCE
The insurance offered (details of which can be printed
from the booking form) is provided by the company detailed.
Your insurance contract will be with the appropriate
insurer and not with us. This insurance policy is only
available to residents of Ireland and the United Kingdom.
Brief details of the cover provided and the arrangements
for taking out insurance appear below. Full details
may also be requested at any time from our Reservations
Department at the address stated at the beginning of
this contract.
Insurance Premium
Our Holiday Quotation will include a quotation for our recommended holiday insurance.
The special premium rate is euro 11.00 per person (including infants) per week
or part of week. The premium is payable with your holiday balance. Cover takes
effect 56 days prior to your holiday start date in respect of Cancellation and
Curtailment covers. Personal Accident, Personal Property, Money and Personal
Liability covers come into effect from the time you depart your home on your
holiday until your return, providing both the holiday balance and insurance
premium have been received by us in full, or from the date we receive these
payments, whichever is the later. The insurance cost indicated includes Insurance
Premium Tax at the rate prevailing .We may require you to provide us with details
of any alternative protection you have in place. Any alternative insurance you
have should provide equal or better cover than that offered under our recommended
policy. Unfortunately, space does not permit us to show here the full Terms,
Conditions and Exclusions of the Insurance, but a schedule of cover setting
all these out can be downloaded from the website.
4. ON ARRIVAL AND DURING YOUR
HOLIDAY
Your accommodation/touring caravan site will be available
to you between 5.00pm and 8.00pm on the first day of
your holiday. You must let us know in advance if you
will be arriving after 8.00pm.We require that you vacate
your accommodation/touring caravan site by 10.00am on
the date of departure. Keys should be immediately returned
to reception thereby allowing us to prepare for incoming
guests. It would be of great assistance in preparing
the house for the next incoming guest if you would leave
the house as clean and tidy as possible and on time.
You can park the car in our Reserved Carpark and continue
to use the pool and the other facilities even after
returning the house key at 10am!
(a) Accommodation
The accommodation you book will be as described on the
appropriate pages of our current brochure and it may
only be used by those named when booking or as agreed
otherwise by us in writing. We reserve the right to
ask you and any member(s) of your party to leave the
centre, without compensation, should you not comply
with this requirement. On arrival you should check the
inventory list in any holiday home we provide for you
and you should notify reception immediately of any missing
items. Please note that holiday homes may be checked
by us prior to your departure. Minor improvements and
maintenance works may be carried out in and/or around
your accommodation/touring caravan site during your
holiday. However, we will give you reasonable notice
of any works which need to be carried out.
(b) No Smoking Arrangements
Where areas within our Village are designated as no
smoking, you must observe this requirement, for the
comfort of all guests and staff. And in compliance with
the law.
(c) Availability and Use of Facilities
We will do our best to ensure that all facilities listed
will be available during your stay. However, we cannot
guarantee that they will be available as, for example,
maintenance and other work may be necessary from time
to time or some may be located out of doors and as such,
are seasonal and subject to appropriate weather conditions
prevailing at the time you wish to use them or may be
used by a designated group only. If a significant number
of facilities are not available we will let you know.
As most facilities are available on a “first come,
first served” basis, we availability of facilities
at any time to accommodate the needs of the majority
of our guests on site at a particular time. It is your
responsibility to ensure that any facilities used or
activities (including competition and games) selected
are appropriate to you and/or all members of your party.
(d) Care Of Your Possessions
It is your responsibility to look after and care for
your possessions, valuables (i.e. Watches, jewellery,
photographic equipment, credit cards, etc) and money
whilst on holiday with us.You should not leave these
items unattended in your accommodation or anywhere else
around the Village. To reduce the possibility of upset
caused by loss or damage, we suggest you do not bring
valuable possessions on holiday unless absolutely necessary.
We recommend that you are comprehensively insured. Please
note the provisions details in section 6 below. This
requirement is for your protection and peace of mind.
In case of any loss, please contact reception in the
first instance. Return of any lost property will incur
a charge for postage and packing. We do not accept any
liability for loss or damage to your possessions unless
due to our negligence.
(e) Car Parking
Any cars and other vehicles you bring onto our property
must only be parked in the specified parking areas.
Failure to do so entitles us to remove them.This is
to allow the free flow of traffic for essential services
and for the safety of guests and staff. Our parking
areas are not supervised. Before
leaving your vehicle please remove your possessions
and ensure it is fully secured. We accept no liability
for any loss or damage unless due to our negligence.
(f) Care Of Those Unable To Look After Themselves
You should ensure that all members of your party who
are unable to look after themselves are at all times
fully supervised by a capable adult member of your party
and if appropriate, medication is brought with you for
their needs and can be properly administered. Each such
person should be able to communicate their name and
holiday home/touring caravan site number, or must carry
some means of identification and holiday home/touring
caravan site number at all times. Please note that we
have qualified first aiders but do not have resident
nurses or doctors.
(g) Children and Young People
Children under 18 should be supervised by an adult member
of your party at all times and in particular in our
entertainment areas. Some of our bars are adult only,
and as such no children or young people under the age
of 18 will be permitted to enter or to stay in them
after a certain time. All relevant legislation will
be enforced rigorously. It is our policy to refuse to
sell cigarettes to children under the age of 18, or
solvent substances or alcohol to anyone under 18 or
to allow anyone under 18 to use gaming machines.
(h) Visitors
Day Visitor charges apply. Full details are available
at reception.
(i) Pets
We regret that, with the exception of guide dogs, we
do not permit any pets within our Holiday Village.
(j) Rules
The following rules apply at our Holiday Village.
1. You may not bring or use portable heating appliances
of any type in the holiday home we provide to you.
2. Alcoholic and other beverages purchased elsewhere
must not be consumed in licensed bars.
3 Abuse of alcohol is not permitted.
4. Excessive noise or offensive behaviour is not permitted.
5. You must not commit or attempt to commit any illegal
act.
6. You must keep to the roads and footpaths provided
and abide by applicable speed limits.
7. For domestic waste, you must use the litter bins
and where provided, bottle banks. Please contact reception
to arrange for the disposal of other waste,
including clinical waste, sharp objects, broken glass
and other items which could cause personal injury.
(k) Damage to Our Property and Compensation
You must use our accommodation with care and, on departure,
leave it in a clean and tidy condition. We reserve the
right to invoice you for any charges incurred by us,
should you not comply with this requirement.
We reserve the right, either during or after your stay,
to recover from you the costs of:
- Any damage caused by you to our property, accommodation,
articles or facilities provided to you during your holiday.
- Any compensation we may pay to other persons guests
or third parties arising as a consequence of a break
of this contract.
- Later than 10am departures.
(l) Special Interest Holidays
We run special interest holidays at the Village and
certain events may affect the entertainment programme
and availability of facilities. You should check our
current brochure for details of the events being held.
Should there be any change of published information,
we will do our best to let you know at the time of booking.
Your must state at the time of booking if you wish to
participate in the special interest activities.
(m) Extending Your Stay Whilst On Holiday
Please contact Reception who will check availability.
We may not be able to accommodate your request and you
may be required to move to different accommodation/touring
caravan site in order to continue your holiday with
us. This contract will apply to any extension of your
holiday and you should note that many aspects of our
holidays are repeated on a weekly or two weekly rota.
We reserve the right to decline any such requests.
(n) Messages & Deliveries
Limited facilities exist for taking messages. We will
do our best to assist but cannot guarantee any time
of delivery. You are responsible for checking at reception
for incoming messages and post. We cannot accept deliveries
on your behalf and do not accept responsibility for
deliveries or messages taken unless we have been negligent.
5. CANCELLATION BY US
We reserve the right to cancel or terminate your holiday
and that of the rest of your party at any time:
* Should we in our absolute discretion consider your
conduct, or the conduct of any person in your party,
likely to pose a danger to or impair the safety, comfort
or enjoyment of our other guests, our staff or other
members of the public or be likely to do so; or
* If you failed to disclose any material facts to us
when booking your holiday or in any communication with
us; or
* If you breach any of the terms of contract.
In the above circumstances no refunds or compensation
will be given.
Should we cancel your holiday in circumstances other
than those detailed above, we will offer you the choice
of:
* A full refund; or
* A substitute holiday, if possible.
Should the substitute holiday be of a lower quality,
we will compensate you for the difference in the value
between the holiday you booked and the substitute. Should
the substitute holiday be of a higher standard than
that which you originally booked, then we reserve the
right to charge you the
difference in cost between the two holidays.
We will also pay compensation for the cancellation,
if appropriate, except where we cancelled due to:
Unexpected circumstances beyond our control which render
it impossible or difficult for us to comply with our
obligations under this contract.
Or Where we receive insufficient bookings. If there
are insufficient bookings for a holiday, we reserve
the right to cancel and let you know at least 7 days
before the start of your holiday.
6. OUR LIABILITY TO YOU AND
OTHER IMPORTANT INFORMATION
To the extent permitted by law, no liability shall attach
to the occupier/owner in respect of any injury or damage
sustained in the Village to visitors or their property.
In all cases, except personal injury or death, our liability
to you is limited to twice the total cost of the relevant
person’s holiday, based on the relevant pro-rata
proportion of the cost (excluding insurance premiums
and amendment charges). Our liability to you is limited
in accordance with the maximum stated in the International
Conventions. These conventions limit liability for death,
personal injury, luggage, valuables and other matters.
Each Convention contains specific and different limitations.These
limitations may be less than the amount a court might
aware to a person suffering equivalent loss unconnected
with air, sea or rail travel, or the provision of accommodation.
You should consider insuring against the possibility
of such events and you should be careful to note any
limitations and restriction contained in the insurance
policy. Time limits apply to making claims under these
Convention. Copies of the relevant Conventions are available
on request from the address at the beginning of this
contract. Where we make any acceptable payments to you
or any members of your party in the above circumstances,
you or they must then assign to us or our insurers any
rights you or they may have to pursue with any other
third party. You must also provide us and our insurers
with all assistance required.
(a) Media: No members of the press
or media may be invited onto our property by you without
express written permission from our press office. You
may not use photographs of our premises, facilities
or staff for financial gain, without our written consent,
such consent not to be unreasonably
withheld.
(b) Data Protection: Information provided
when booking may be used by us, or made available to
specifically selected companies for marketing purposes.
If you wish to have your details disclosed please tick
the appropriate box on the Booking Form.
(c) Brochure Accuracy: All information,
pictures and descriptions have been compiled from up
to date and accurate information at the time of going
to press. However, you should note that as we are continually
striving to improve our holiday locations, you may find
that new facilities are on offer,
some facilities may be closed or work may be carried
out in segregated areas in your holiday location during
your holiday.
(d) Legal Compliance: Every effort
has been made to ensure that your holiday complies with
all relevant legal requirements.
(e) Applicable Law: Our contract is
governed by Irish Law and is subject to the non-exclusive
jurisdiction of the Courts of The Republic of Ireland.You
may, if you wish, refer some matters to arbitration
under a special scheme, which is administered independently
by the Chartered Institute of Arbitrators – Irish
Branch.The scheme, details of which can be supplied
by request in the form entitled “Request for Appointment
of an Arbitrator” from the Institute at 8 Merrion
Square, Dublin 2.This form sets out the information
to be submitted and briefly summarises the Institute
of
Arbitration Rules.
(f) Continuation of Contract Terms
Should any of the terms or our contract be officially
declared void or unenforcable, the remainder of our
arrangements shall remain, where possible, in full force
and effect.
(g) Can We Help You
If for any reason you are not completely happy with
your holiday or have any difficulties, please let the
Duty Manager at the Village know as soon as possible
and they will do their best to help. If you are not
satisfied, you must record your complaint with the Duty
Manager, Customer Care Manager
or Reception whilst on holiday. You must then write
to the General Manager, at the address at the beginning
of this contract, within 28 days of the end of your
holiday explaining the problem. Complaints that are
not notified in accordance with this clause cannot be
accepted.Your statutory rights are not affected. We
are happy to offer you assistance should you be in difficulty
whilst on holiday with us. Should you be able to claim
for any costs we incur in helping you, e.g. from a third
party or under an insurance policy, then any sums incurred
by us will be recovered from you. Where disputes arise
between guests, these matters are normally entirely
beyond our control and responsibility; we will endeavour
to call appropriate assistance. Please note that, for
legal reasons, we are unable to divulge any personal
information about our guests, whether a dispute has
arisen or not.This contract supersedes all previous
edition.
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