American Sky IE Booking Conditions
Your Contract With Us
Our acceptance of your deposit or payment, and the issuing of an invoice, forms a contract between us and the party leader (first named passenger) acting on behalf of all passengers in the party.
The deposit required will depend on the components you choose. Our standard deposit is €200 per person. If you are also booking a wedding, a further wedding booking deposit of €100 is required. Some Airlines, transport providers or hotels will require full payment at the time of booking and where possible your travel consultant will advise this at the point of booking. Airlines have contracts in which they have the right to demand full payment at the time of booking or at any other times before your departure, without notice. Airlines may also cancel seats. In this instance, you may be required to pay a further deposit at short notice to secure flights. Although a provisional reservation for a scheduled flight may be made on payment of a deposit, a confirmed booking cannot exist, neither can the price be guaranteed, until final payment for the ticket has been received and the ticket issued.
Your balance must be paid before the date specified on the travel confirmation which is normally no later than 10 weeks before your departure date. If we do not receive final payment by the due date then we / the provider of the services in question reserve the right to treat your booking as cancelled by you and cancellation charges will be applicable as detailed in section 8 below.
Full payment will be required for all bookings made within 10 weeks of departure.
The Price Of Your Holiday
Unless otherwise stated, all prices on our web site are based on two people sharing a twin or double bedded room. There will normally be supplements for single travellers and sometimes there are reductions for three or more people sharing a room. Exact prices can only be confirmed by one of our travel advisors creating a tailormade quote for you.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, and any other airline cost changes which are part of our contracts with airlines (and their agents), operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus any applicable administration charges together with any amounts to cover agents' commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. Insurance
Adequate travel insurance is a condition of your contract with us. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available. This also applies to insurance for your wedding. Please note that we cannot advise you on this. It is your responsibility to ensure you have appropriate and adequate travel insurance.
Your Financial Protection
When you buy a CAR protected air holiday package from us, you will receive a confirmation invoice from us confirming your package holiday arrangements and your protection under our Commission for Aviation Regulation TA0664. In the unlikely event of our insolvency, the CAR will ensure that you are not stranded abroad and we will arrange to refund any money you have paid to us for an advance booking. For further information visit the CAR website at www.aviationreg.ie.
If You Change Your Booking
Should you wish to make any changes to your holiday booking after it has been confirmed, you must send your request to us in writing signed by the person who made the booking, or by e-mail from the e-mail address given to us at the time of booking. We charge an amendment fee of €50 per person for any changes, plus any charge levied by suppliers (such as airlines or other transport providers). Whilst we endeavour to meet any such request, we cannot guarantee we will be able to do so.
If you wish to vary your travel dates, duration, flight arrangement or accommodation, then we will need to recalculate your holiday price as some of the elements may incur different costs from your original booking. In this case we will advise you of any changes in costs either increases or decreases applicable in addition to the amendment fee.
Where the size of the party is changed, the price for the rest of the party members will be recalculated on the new party size if applicable. Providing a name change is provided to us before this will be treated as an amendment and carries the appropriate fee except in the case of scheduled flights where they will almost always levy 100% cancellation charge.
You must make changes with us before travel as hotel and car hire vouchers are only valid for the exact services and customers names for which they are issued.
Changes By Us
As your package holiday/flight arrangements are made many months in advance, it is occasionally necessary to make changes to holiday/flight details both before and after your departure and we reserve the right in our discretion to do so. Most changes will be minor ones. In the event of a significant change, we will inform you if there is time to do so before departure. A significant change is a change made before departure which involves a change of outward or return flight time by more than 12 hours, a change of UK airport (except between London Gatwick and Heathrow) to one which is more inconvenient for you, or a change of resort airport, or a change of accommodation to one of a lower classification.
In the event of a significant change to your package holiday arrangements, you will be offered the choice of:-
- Accepting the altered arrangements, or
- Purchasing another holiday from us (and paying or receiving a refund in respect of any price difference), or
- Cancelling your holiday and receiving a prompt refund of all monies paid
In addition, if we are forced to make a significant change to your package holiday arrangements, we will pay you compensation on the scale set out below except where the change was made as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care which include, but are not limited to, those amounting to 'force majeure' as defined in the important note below.
Period before departure when a major change is notified Compensation payable per person 70 days or more 0 69-15 days €15 14-0 days €30
Please note that no compensation is payable in respect of minor changes and no other claims for compensation or expenses will be considered.
Please further note we reserve the right to substitute alternative airlines and/or aircraft to those normally promoted and such a change will not be a significant one entitling you to cancel without payment of the normal cancellation charges.
Cancellations By You
Should you wish to cancel your package holiday booking, you must notify us in writing signed by the person who made the booking as soon as possible. Any such notification must be sent by recorded delivery if posted. Notification of cancellation will only be effective on the date it is received at our offices. As we begin to incur costs from the date your booking is confirmed, we must levy cancellation charges to cover the charges passed onto us by our suppliers or the charges within the cancellation grid below, whichever is the highest. This is to compensate for the expense of processing your booking and for the risk that we may not be able to resell the flight/holiday/tours/package. For scheduled flights the charge will almost always be the full amount paid except for regular full fare tickets with no cancellation restrictions where an administration fee will be charged. Certain components, particularly during peak periods such as Christmas and Easter, can be full cancellation from time of booking/70days in advance, whichever is sooner. These components, regardless of when the holiday is cancelled, shall incur a charge of 100% of the cost of the holiday.
Period before departure within which written notification of cancellation is received by us Cancellation charge per person cancelling More than 70 days Full loss of deposit 69 - 36 days 90% of holiday cost 35 days or less 100% of holiday cost
You may be able to recover these cancellation charges from your travel insurance company if the reason for your cancellation falls within the terms of your insurance policy.
Cancellations By Us
Very rarely it is necessary to cancel holiday/flight arrangements and we reserve the right in our absolute discretion to do so. However, we will not cancel after the date the final balance of your holiday falls due unless you default in payment or we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care such as those mentioned in the important note below. If we do cancel (other than due to your default in payment) we will offer you the choice of an alternative holiday/flight of comparable standard if available (with you paying or receiving a refund in respect of any price difference) or a full refund of all monies paid together with the compensation set out in clause 7 above.
We regret we cannot accept liability or pay any compensation where your package holiday is cancelled, curtailed, delayed or in any way changed or where the performance or prompt performance of our contractual obligations is prevented or affected in whole or part as a result of circumstances amounting to 'Force Majeure'. Force Majeure does not constitute either change or cancellation by us and should be covered by your travel insurance. Such circumstances include, but are not limited to, war or threat of war, riot, civil strife, industrial dispute, epidemics or health risks, terrorist activity, natural or nuclear disaster, fire or adverse weather conditions, technical problems with transport, closure or congestion of airports, cancellations or changes of schedules by scheduled airlines, government action or advice and all similar circumstances outside our control.
The majority of hotels around the world impose some kind of dress code and this may vary by resort, by hotel, by restaurant or even by the meal type offered, i.e. a gala dinner. This is subject to change so please speak to your travel consultant for the specific dress code for your holiday at your chosen hotels. We would strongly recommend you always pack a small amount of smart clothing just to ensure you will not suffer from any restrictions imposed.
The dress code in most hotels for evening dinner is smart trousers and collared shirts for gentlemen. Beach wear is normally not accepted at any meal times.
If you have booked car hire with us then you will have to comply with the terms and conditions of the car hire company as well as our own. On collecting your car you will usually have to sign up to their terms and conditions. There may be insurance excesses in some circumstances and usually optional additional extras that you can purchase at the desk including roadside assistance.
If you have booked with our preferred supplier, dollar/thrifty in the USA or Canada, their full extra conditions can be viewed at www.americansky.ie/car-rental
If we have booked your car hire company, please request full conditions from us.
Our Liability To You
a) We will accept responsibility for the arrangements we agree to provide or arrange for you as an "organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees' or suppliers' negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us. Legislation in Ireland is:Transport (Tour Operators and Travel Agents) Act, 1982 as amended by the Package Holidays and Travel Trade Act 1995 (http://www.irishstatutebook.ie/1995/en/act/pub/0017/)
b) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(i) the act(s) and/or omission(s) of the person(s) affected;
(ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(iii) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(iv) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
c) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(i) for loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is â‚¬25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind;
(ii) for claims not falling under c(i) above and which don't involve injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(iii) for claims in respect of international travel by air and sea, or any stay in a hotel, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
d) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
e) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
f) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.
g) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
Excursions And Activities Whilst On Holiday
We cannot accept any liability for any injuries or loss of monies whilst you are on holiday from independently arranged trips. Such trips do not form part of your package holiday booked with us.
In some countries we contract with independent representatives to look after your welfare. However, their role is to deal with any issues you have whilst on holiday and to look after your general welfare. They are not authorised to sell anything to you on our behalf, nor have we sanctioned any advice they may give you. Please, therefore, note if you choose to accept any excursions or other activities from them, you do so at your own risk.
Certain Hotels and Resorts levy guests directly in resort with fees for the use of various facilities. We have, where possible, detailed these fees on the website. However, we have no control over these charges and as such they must be paid by the customer directly to the hotel.
We make every effort to include all taxes in the price of our holidays. However certain countries impose a local departure tax at the airport, notably in the Caribbean, the Bahamas and Africa. These taxes are not included in the price of your holiday and must be paid for locally by the passenger.
In the event of any conflict or inconsistencies between the Booking Conditions and anything stated by a member of staff, or elsewhere, these conditions shall prevail.
We have made every effort to ensure that all the information we provide is correct at the time of giving it. However, you will appreciate that we do not own the accommodation, airlines and other facilities that you will be using. Although we have described these as accurately as possible we cannot be held responsible for any other subsequent alterations made.
There may be occasions, particularly in low season, when some facilities may temporarily be withdrawn. If we receive prior notification of these we will inform you. Services provided by staff overseas, if applicable, are subject to local regulations and staff availability.
We sincerely hope you will not experience any problems with our services. If you do, however, you should contact the representative agent immediately (or call us as we have a 24 hour duty office) as it is likely they will be able to resolve any problem on the spot. Please note all our representatives are authorised to act on our behalf to provide a quick resolution to your issues whilst in resort. If there is not a rep available, please contact our office directly. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
If the problem cannot be resolved, your party leader should complete a report with the representative. Please write to us upon your return quoting your booking reference and giving full details of your complaint within 28 days of returning from holiday. We will acknowledge your letter within 14 days with a full reply following within 28 days unless we have been unable to investigate your complaint within this time in which case a detailed explanation for the delay will be provided and a full reply sent in any event within 56 days. We regret we cannot accept liability for any complaint of which we are not notified in accordance with the provisions of this clause.
Conduct While Travelling
We reserve the right in our absolute discretion to terminate without notice the holiday arrangements of any customer whose behaviour is such that it is likely, in our opinion or that of any airline pilot, hotel management, or any other person in authority, to cause distress, danger, damage or annoyance to any of our other clients, employees, any third party or to property or if you are or appear to be unfit to travel by reason of intoxicating liquor, misuse of drugs or otherwise. In these circumstances, our responsibility for your journey or holiday, including any return flights thereupon ceases. Full cancellation charges will apply and no refunds will be given. Furthermore, we shall then be under no obligation whatsoever to pay you any compensation or meet any costs or expenses you may incur as a result.
If you have any special requests, please inform us as soon as possible in writing. Although we will endeavour to meet any such requests, we regret we cannot guarantee to do so. Special requests include hotel room positioning and any pre-seating arrangements on aircraft. Please note that Airlines do restrict the number of seats that may be pre-allocated and your travel consultant will be able to advise you of this at the time of booking. Airlines reserve the right to move your seating even if pre-allocated by us. Most Airlines have a policy of seating families together, but this may mean your party is split up, or across aisles. We cannot accept any liability for dissatisfaction with seating as this is completely out of our control.
We are not a holiday company that specialises in dealing with people requiring extra assistance, but we will do our utmost to help any special requirements you may have. Before making a booking we will need to know if you have any medical/physical/mobility needs which might affect how and if we can deliver all your chosen holiday services. These needs may affect your flight, transfers or the suitability of your chosen accommodation or other aspects of your holiday. We would ask, therefore, that you advise us of any special needs/requirements to us in writing before making a reservation. Please note that this will not guarantee your needs will be met. It will however enable us to check the suitability of your chosen holiday based on the information supplied by you. We cannot be held liable if you fail to tell us about any special requirements that may affect the quality of your holiday, or if we are forced to cancel/curtail your holiday due to your failure to tell us all relevant information prior to travel.
The flight timings quoted are correct at the time of your booking, but are subject to change. Latest timings will be shown on your final itinerary, but we always recommend you check the Airline's website 48 hours before travel and when you check in on-line.
You must, in addition, ensure you read and observe the instructions sent with your tickets for reconfirming your return flight. Generally, you will need to reconfirm by telephoning the airline or the airport two working days before the date of your return flight. We will not accept any liability for any increased costs or amendments to any arrangements you have due to a flight timing change.
Delays, Missed Transport Arrangements And Other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
Direct flights may touch down en route for re-fuelling or passenger embarkation. If the aircraft is re-fuelling you may be asked to disembark whilst this is carried out. A non-stop flight involves no touch downs between take off point and landing point. All Airlines reserve the right to re-route their aircraft without due notice and change the Aircraft type. Should the Aircraft type be changed, this may have an impact on your pre-seating.
Generally, you will need to check in at least three hours before departure. If you fail to do so by the minimum time, you are likely to be refused admission to the flight. In the event of your being refused admission to any flight or destination, country, or U.K. on return by the airline or any government authority, we will not be under any liability to you and will not be able to assist you. In the event of our being able to make alternative travel arrangements for you, you will be responsible for meeting all costs involved.
Most Airlines now offer an on-line check in service which you can use 24 hours before your flight. You will still need to be at the Airport 2-3 hours before your flight to use the bag drop service at check in. We will send you details with your tickets and advise you to use this to ensure you seating is confirmed.
Conditions Of Suppliers
Please note that the relevant carrier's conditions of carriage will apply in the case of all air or sea travel some of which may limit or exclude the Carrier's liability to you, often in accordance with international conventions. Copies of these conditions of carriage are available for inspection at our offices. Please further note that, by our contract with you, we do not enter into an agreement for carriage by air but rather we only undertake to reserve seats on board one of the airlines mentioned on our websites or in our brochure or such other airlines as may be substituted. Please refer to the conditions of contract and important notices for scheduled air services below.
Both the outward and return portions of your ticket must be used. If you do not use the outward portion, you will not be allowed to utilise the return portion. If you miss or do not use your outbound journey, you must contact us for advice on your return journey.
From time to time, renovation or refurbishment and its associated noise are unavoidable at a hotel. Often we do receive advance notice of when it will begin, in which case you will be informed prior to making your booking or within a reasonable time of us being notified. If in any case you have not been informed, and we consider the work will have a significant effect on your stay, we will then review the option of partial or full refund.
To be classed as an infant in accordance with the Air Navigation Regulations, a child must be under 2 at the date of return travel. At present, an infant is permitted to travel on an adult's lap or, if between 6 months and 2 years old at the date of return travel, in a car seat. If travelling in a car seat, the infant will occupy its own seat and will therefore be liable to pay a child's price for that seat. Any car seat used must be approved by the airline and it is your responsibility to ensure that your particular seat is acceptable. Please therefore check this point with us at the time of booking.
To be classed as a child in accordance with the Air Navigation Regulations, the child must be under 11 years of age. However, some Airlines and Hotels may vary this.
Passports, Visas And Health Requirements
It is your responsibility to ensure all of your party holds a valid passport at the time of travel. Some countries insist on up to 6 months validity after your return date. For more information check www.dfa.ie.
While we can provide basic advice to Irish citizens regarding passports and visa requirements clients not holding passports marked Irish Citizen should check with their Embassy or Consulate. You must make sure you have all the necessary valid visa, travel and health documents to comply with the requirements of the country you are visiting. Please note all of Tropical Sky paperwork refers to Irish passport holders only. For all other passport holders, please contact the relevant Consulate or Embassy.
We will not accept any liability for refused boarding of Aircraft, or refused entry to a country due to incorrect Visa clearance. Some countries including United States of America and Australia require an electronic visa to be completed prior to travel. It is your responsibility to complete this and again we accept no responsibility if you do not complete accurately.
We cannot accept responsibility for any loss or damage or delay to your luggage unless directly caused by the negligence of one of our employees. All Airlines have a lost/damaged bag policy and you will have to make any claims direct with them.
Pre Travel And Health Advice
The Department of Foreign Affairs may have issued information about your holiday destination. You are advised to check this information shortly before departure on the internet at www.dfa.ie. Alternatively you can contact the Foreign Affairs & Trade on 01 4780822.
It is important that you are fit for travel and you have the correct immunisation and in certain cases preventative medicines such as anti-malaria tables. You should always seek medical advice from your doctor about up to date health advice for your chosen holiday destination.
All weddings must be booked in conjunction with one of our holidays. You must be over 18 to book a wedding package. Your preferred wedding date needs to be requested from the relevant overseas authority and should this date not be available or if we are unable to arrange a suitable date, you will be entitled to a full refund.
The exact legal documentation required for each wedding destination is subject to change and is set by each respective country. It is your responsibility to refer to the website of the relevant country you are travelling to for the most up to date information. We cannot be held responsible for any changes in legislation or for any resulting fees payable by the wedding couple in order to comply with these legalities. However, please be aware any local authority will make the final decision on whether the wedding ceremony can go ahead and we have no control over this decision. It is also your responsibility to ensure original documentation is carried with you otherwise your wedding may not be able to proceed.
If you need to alter your confirmed wedding date, we will do our best to accommodate your new requirements. There will be an administration charge of €50 for each change. To cancel a wedding the cancellation charges in section 8 will be applicable.
This contract shall be deemed to be made at the Registered Office of Tropical Sky Ltd, 38/39 Fitzwilliam Square, Pembroke Hall, Dublin 2 and is subject to Irish Law and the jurisdiction of the Courts of the Republic of Ireland.
The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If you are traveling to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.
If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide you're booking. In making this booking, you consent to this information being passed on to the relevant persons.