TheFunFactory.ie - booking terms & conditions
Published in September 2009. These T&C’s supersede all previous T&Cs.
1 Making a booking
(a) All bookings are made with "TheFunFactory.ie". TheFunFactory.ie is a part of Marathon Coach
Travel Ltd - T/A TheFunFactory.ie of Charlemont House, 33 Charlemont Street, Dublin 2, Ireland
(b) The client – the person signing the booking form on behalf of the group or individual. All obligations and references to the clients apply to the entire party.
(c) No contract exists until TheFunFactory.ie (FF) has received a properly completed, signed booking form accompanied by the relevant deposit and travel insurance payment (where applicable) per person. Where faxed or posted copies of the booking form cannot be made, you accept e-mail is satisfactory communication and commits you to progress the booking.
(d) No additions, deletions, changes, or promises may be made relating to these conditions, exept by a director of FF, in writing and signed by said director.
2 Obligations of the client
The client (= consumer / group leader / person who requested and booked with FF) shall check all travel documentation immediately it is furnished to him. If the client considers any document is incorrect or has a query in relation to its contents he shall forthwith notify the retailer or organizer of his concern and they shall respond as soon as possible. It is the sole responsibility of the client to ensure that all travel documents ie passports / visa (where relevant) etc. are in order.
3. Payment
(a) The client signing the booking form is responsible for collecting and making all payments for
the group. If he/she is not in a position to do this, they must appoint someone else from the
group to collect all relevant monies and make relevant payments to FF.
(b) To book a trip with FF, a payment of the full amount for one person is required.
(c) 6 weeks before departure, the balance of EUR 50.00 per person is required. Final payment / balance of payments must be received from the person signing the booking form or any other appointed person no later than 2 (two) weeks prior to departure of the excursion.
(d) If FF does not receive the full amount outstanding by the due date, FF reserves the right at any subsequent time before departure to cancel the booking and charge cancellation charges in accordance with the scale set out in condition 5.
(e) All deposits are non-refundable
(f) Bookings made within 2 (two) weeks of departure date must be paid in full at the time of booking.
4 Prices
Our prices are based on costs and exchange rates as at 01 January 2009. FF reserves the right to pass on any increases due to fluctuation in currency exchange rates, increases imposed by suppliers or any increases due to Government action. By Government action, we mean events such as the imposition of a new tax in the Republic of Ireland or abroad, or an increase in an existing tax or levy, or a catastrophe such as war, which causes major disruption to oil supplies. FF reserves the right to surcharge you for any increase in fuel or other costs at any time up to 30 days before your departure. Alterations in currency exchange rates must also be taken into consideration. Unless otherwise stated on the agenda the payment does not include the cost of drinks, food, admission, transfers, parking charges, porterage, fees, contributions and/or any other items that are not referred to on the booking form. Credit card payments to FF will carry a 3% processing surcharge. Laser payments have no charge.
5 Cancellation
(a) You should advise us of cancellation by recorded letter or fax as soon as possible. Cancellation of a booking is effective only when received in writing by FF from the person signing the booking form. Deposits are non-refundable. If a cancellation takes place at any time up to six weeks prior to departure, no monies will be refunded.
(b) Please remember that many risks for cancellation (other than disinclination to travel) are
covered by travel insurance generally. You are advised to clarify these particulars with your insurance company. For policies purchased through FF, full insurance details are available on request.
(c) In the unlikely event of FF having to cancel an excursion for any reason whatsoever (lack of
numbers and missing payment deadlines are deemed to be a valid reason), a full refund of all monies paid will be made. However, where available, you may opt to transfer monies paid to an alternative excursion.
6 Name change
(a) For packages where travel is by coach and ferry, deposits and other payments of any member canceling may be transferred to a replacement person up to 72 hours prior to departure. Name changes will be subject to a fee and must be notified in writing. Note that travel insurance cannot be transferred to another person and a new policy for the replacement person(s) will be required.
(b) For packages involving flight travel, see 20(b).
7 If a match/event is transferred, postponed, or cancelled
(a) For events by coach and ferry travel, where, prior to departure, an event/fixture is changed, transferred, or postponed by the organizer and out of control of FF for any reason whatsoever, it is agreed that all monies will be transferred to the new date without question. Refunds are not available in these circumstances. Name substitution may be subject to Condition 7(a) above. If departure has occurred prior to notification of such changes outlined herein, the tour will proceed as a leisure break and a refund of entrance fees will be provided on return.
(b) For events involving air travel, where an event/fixture is changed, transferred, or postponed for any reason whatsoever, the tour will proceed as a leisure break unless the airline can provide flights without any increase in costs or imposition of penalties for the new dates involved.
8. Client Responsibilities (including all confirmed members of the group)
To ensure that all members of the group are informed about these terms and conditions and the booking/program details. To take full responsibility for client side administration and be responsible for the accuracy of information supplied. Some of the activities provided by FF as part of the program require an element of physical activity on the part of the group. The client will ensure that all members of the group are physically able to take part in the program, suffer no disabilities or conditions that may impair, restrict or endanger their involvement or that of other members of the group’s involvement in the program. Failure to keep to the timetables may result in either discontinuation of the event/activity or cancellation of the program in either event FF will not be liable for any refund, compensation or any other costs that may be incurred. To ensure that all members of the group act at all times in a safe, responsible and courteous manner, comply with all safety procedures (for the avoidance of doubt this includes an appropriate level of sobriety), listen and be present at all safety and information briefings relevant to the program's activities, make supervisors or any person in authority immediately aware of any equipment or site deficiencies or concerns, dress and/or equip themselves suitably for any event or activity as advised by FF and/or its suppliers (failing which as is deemed appropriate or suitable in the circumstances), and observe and obey all laws, requests (including the signing of any disclaimer) and conditions of use of any supplier, including accommodation and entertainment venues.
9 Cancellation of ferries
If ferries are cancelled prior to departure, FF will do everything in its power to get you or your group to the said destination by arranging alternative ferry routes or sailings. FF cannot be held responsible for late arrival at or missing an event. Refunds will not be given unless FF receives refunds from suppliers.
10 If there is a change of plan
(a) While FF will at all times endeavour to satisfy clients' requirements, nevertheless, because of changing circumstances, FF must reserve the right to make alterations to any booking made. If, for any reason, the details of your tour/excursion have to be changed before departure, FF will inform you as soon as possible.
(b) If any changes would substantially alter your tour/excursion and you do not wish to accept it, FF will offer you the alternative of accepting services or accommodation of comparable standard to those originally booked or a full refund of all monies paid (except in the circumstances outlined in condition 9).
11. Travel Insurance
We recommend that everybody travelling outside of Ireland has travel insurance cover. This may be purchased from FF or any other source provided the level of cover is of equal to or greater than that available from FF. If anybody chooses to travel without any insurance cover, they must complete and sign the relevant section on the front of this form. In the absence of this waiver, FF reserves the right to refuse to carry persons without travel insurance and the person(s) will forfeit all monies paid. The client's attention is drawn to the exclusion clauses and excess in the insurance policy arranged by the organiser. It is the responsibility of the client to read their insurance policy before they travel and check that the insurance scheme provides the client with his desired level of cover. In so arranging insurance cover for the client FF is acting as the agent of the relevant insurer and shall not be responsible to the client for any default by the insurer under that policy. All claims made against the insurance policy shall be made directly to the insurer. The client shall be responsible for making any special or increased insurance arrangements which he deems necessary.
12 Events beyond FF's control
War, or the threat of war, terrorist activity, political unrest, riots, civil strife, industrial disputes, natural disaster, closure of airports or ports, road works, technical problems with or accidents involving aircraft or other transport (including traffic accidents/delays), fire, bad weather, force majeure (including breach of contract by any supplier of FF) can affect the planned excursion arrangements. If any such event occurs before departure and you decline to accept alternative arrangements FF may offer, FF will be entitled to retain reasonable expenses incurred in connection with the original booking.
13 If you have a complaint
Should you have a complaint, please inform TheFunFactory.ie team and the supplier contact stated in your booking form at the earliest opportunity. FF will do everything possible to help you. If the matter cannot be put right on the spot, please follow it up with a letter to FF within 28 days of returning from your excursion as FF will not accept liability for claims received outside this period. In the unlikely event that an agreed settlement cannot be reached, you can take advantage of the special Arbitration scheme outlined in condition 14.
14 Arbitration
If any question of difference shall arise between the client and FF regarding this contract or by the construction thereof, the same shall be referred to the award and final determination of an arbitrator to be agreed upon by the customer and a panel of not less than ten practicing solicitors of more than seven years standing, nominated by FF's legal advisors, such arbitrators to have all the powers of arbitration arising under the provisions of the arbitration acts. Such arbitration must take place prior to any legal proceeding issued unless the right to arbitrate is waived by FF. The venue for such arbitration shall be Dublin and appropriate law shall be Irish Law. At any such arbitration, the customer shall admit into evidence the written statement of any agent, representative, courier, hotelier, or other like person for the purpose of proving matters of fact. This clause is specifically intended to minimise the cost of arbitration.
15 Luggage
FF will not accept responsibility for loss or damage to luggage, except upon proof of negligence of FF team members and of damage in excess of normal wear and tear. Lack of proper care towards your luggage could result in your claim being turned down. The tour operators are not liable for lost property on the coach or otherwise.
16 The supervision and behaviour of parties
In signing the booking form the group leader also accepts responsibility for the good conduct
of all participants during the tour/excursion and warrants that at least one responsible adult will be on active duty at all times to ensure that all participants behave well. Furthermore, it is the group leader's responsibility specifically to ensure that:
(a) no participant under 18 years of age consumes alcoholic drinks;
(b) all local laws relating to the consumption of alcohol are at all times obeyed by the participants;
(c) no participant consumes alcohol to excess;
(d) no participant smokes in the accommodation/venue/centres/nightclubs or in any way causes a fire hazard;
(e) participants act in a responsible fashion during the tour/excursion and do not behave in a way likely to cause damage to property, or damages or causes offence to other people.
An accidental damage bond of EUR 500.00* per group (*minimum amount, other charges may apply) will be charged initially to each group booking. On arrival at your accommodation, you will be required to fill in this form. There may be different bond policies from one establishment to another. However, this will be notified to you in advance of travel. This bond will be refunded once supplier(s) have advised that no damage or inconvenience have been caused. Should any damage or inconvenience be reported by a supplier, then the bond will be forfeited in full.
17 Conduct and behaviour
All persons travelling on any coach trip undertake to accept and follow all instructions issued by the coach driver and/or guide. The good conduct and behaviour of all persons is an essential element of the trip and accordingly the coach driver and/or guide, supplier and anyone authorised to act in behalf of FF have full authority to remove any person(s) who fail to comply with instructions and requests. No refunds will be issued in such circumstances.
18 Liability
FF is pleased to accept full responsibility for arranging with reasonable skill and attention any excursion booked with it. However, it is not possible for FF to be responsible for the day to day running of the various hotels, hostels, youth centres supplied, or the various airlines, ferries, trains and coaches, or any other supplier not directly under the control of FF. Accordingly, FF wishes to make it quite clear that it will not in any circumstances be responsible for any additional expense, distress, disappointment, loss, damage, injury, accident, delay, inconvenience, or irregularity resulting from or attributable to the act or default of any company, firm or persons in connection with the carrying out of such arrangements or bookings or the conveyance of any client. Every booking is accepted subject to the conditions imposed by air, shipping, rail, coach, hotel, hostel, camp site, restaurant, insurance and other companies, firms or persons concerned with the excursion or any claim with respect to such matters must be made against the appropriate principal.
19 Driver hours
Please note that your final itinerary will be drawn up taking into account E.U. driving (tachograph) regulations. We would ask you as organizer to conform to this itinerary and not to request your driver(s) to work beyond the limit as this may render him subject to prosecution.
20 Air travel
(a) In respect of any booking for which air travel forms a part thereof, the booking terms and conditions of the contracting airline supersede those of FF where applicable.
(b) Where a booking is made by FF on behalf of a client with any airline, any subsequent name or date change fees, including date changes due to the rescheduling of fixtures shall be the responsibility of the Client.
We are obliged to inform you, at time of booking, of the identity of the operating air carrier(s) which is due to perform, or likely to perform, your flight and if there are any changes to the operating air carrier(s) we are obliged to inform you of any such change(s) as soon as possible. If we don't know the identity of the operating carrier(s) at time of booking, we must inform you of same as soon as such identity is established. In all cases, we are obliged to inform you of the identity of the operating air carrier at check-in or on boarding, where no check-in is required for a connecting flight.
This notice is issued pursuant to the requirements of article 11 (6) of regulation 2111/2005 regulation on the establishment of a community list of air carriers subject to an operating ban within the community and on informing air transport passengers of the identity of operating air carriers and the repealing of article 9 of directive 2004/361E°®.
