BOOKING WITH US
These Booking Conditions, along with any other information given to you at the time of booking, set out the terms and conditions of the contract between you and The Small Adventure Company Limited, registered address: Lucan, Co. Dublin, . company no 658573.
(“we”, “us”, “our”). In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. The contract
All bookings made with The Small Adventure Company are made subject to these Booking Conditions. By paying your deposit and upon receiving a booking confirmation and invoice, you are entering in a binding contract with The Small Adventure Company. Payment of your deposit does not constitute our acceptance of your booking unless confirmed by The Small Adventure Company in writing. Your deposit will be refunded in full if your booking is refused.
Once your holiday has been confirmed we will accept responsibility for it in accordance with these conditions as an "Organiser" under the Package Holidays and Travel Trade Act 1995. Please note that for any bookings which fall outside of the scope of these regulations, we act as agent for the relevant service providers, and your contract for those services is directly with the supplier.
The Small Adventure Company reserves the right to terminate the contract with you and/or any other members of your booking party if the behavior or conduct of you or any person listed on his/her Booking Form either prior to or during a holiday is likely to endanger the safety or well being of other consumers in your company or that of yourself, or that of the Company’s representatives, contractors, agents or employees and the cancellation charges as provided for in Clause 2 of this Booking Form are payable by you, where as a result of your actions or the actions of any other person who is listed on your Booking Form, either or both of this following incidents occur:
(i) there is a delay or diversion to the means of transportation of the subject of this contract;
(ii) the accommodation in which you and/or your party staying is damaged;
(iii) you hereby agree to indemnify the Company against any claim (including legal cost) made against the Company in relation to the occurrence of such incidents on the behalf of yourself and any other guest travelling on the same booking.
2. Booking, Payment & Charges For Your Arrangements
A booking is made with us when you pay us a deposit as notified to you (or full payment if you are booking within 8 weeks of departure) and we issue you with a booking confirmation and invoice.
To secure a holiday, you will be asked to pay a non-refundable deposit of 20% of the value of the overall arrangement for you and your party at the time of booking. The holiday must be paid for in full at least 60 days before the starting date of the holiday. If it is not paid by that date the Company shall have the option to cancel the holiday. If the Company exercises that option or if you wish to cancel the holiday (which cancellation must be notified in writing to the Company) the following cancellation charges are payable by you:
The following charges which are expressed as a percentage of the holiday cost will be made:
More than 60 days before starting date of the holiday – the deposit.
59 – 29 days before starting date of the holiday – 50% of holiday cost.
28 – 15 days before starting date of the holiday – 75% of holiday cost.
Less than 15 days before starting date of the holiday – 100% of the holiday cost.
Please note: We might not be able to amend certain arrangements after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
We will deduct the cancellation charge(s) from any monies you have already paid to us.
All cancellation charges apply to each person covered by any booking.
In the event that one person who is due to share a room needs to cancel a trip, then the other person will then be charged a single room supplement.
Unfortunately, we don’t provide individual travel insurance, but we strongly recommend that you make your own travel insurance arrangements prior to your trip with us. Your insurance should cover holiday cancellation, curtailment, pre-existing medical conditions, medical expenses, loss and theft of luggage/personal items, personal and third party injuries and repatriation.
If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
4. Variation in Price
All prices quoted are stated in Euros (€) and are based on tariffs and exchange rates current and appropriate at the time of publication.
(a) We reserve the right to alter the prices of unsold holidays shown in our brochure or website at any time. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed. We also reserve the right to correct errors in the prices of confirmed bookings.
(b) The price of your confirmed holiday is subject at all times to variations in:
(i) transportation costs, including the cost of fuel; or
(ii) surcharges on government action
(iii) currency fluctuations
We will absorb any increase up to 2% of the price of your travel arrangements and you will not be charged for these. This excludes insurance premiums and any amendment charges and/or additional services or travel arrangements
Amounts in excess of this 2% will be surcharged. If this results in an increase of the holiday price of more than 10%, The Small Adventure Company will make an offer for an alternative holiday arrangement if available and practicable or you will be entitled to cancel the holiday and a full refund of all the money paid. There will be no refund for any premium paid for holiday insurance and amendment charges. You must exercise your right to cancel within 14 days from the issue date printed on the 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.
5. Governing Law Jurisdiction
This contract shall be governed by and interpreted in accordance with the laws of Ireland and any dispute arising out of or in connection with this contract shall be subject to the jurisdiction of the Irish Courts.
6. Booking amendments requested by the client
If, after receiving our booking confirmation and invoice, you wish to change your booking in any way, for example, your chosen departure date or accommodation, we will do our utmost to make these changes for you but please be aware that this might not always be possible for all services. Any request for changes to be made must be in writing from the person who made the booking or your travel agent and brought to the attention of the Small Adventure Company as soon as possible.
If you request changes to your original booking within 24 hours after receiving the booking confirmation and invoice from The Small Adventure Company, your booking will not be subject to any change fees.
Any changes requested after 24 hours after receiving the booking confirmation will be subject to an amendment charge of € 40,00 per person per change plus any further cost we incur in making this alteration. Please keep in mind that the cost for changes might increase closer to departure date and might be more difficult to realize, so you should contact us as soon as possible. A change of holiday dates will normally be treated as a cancellation of the original booking. We are not able to hold deposits and carry them on to a booking for the next year.
Transfer of Booking: Should you or a member of your party be prevented from proceeding with the holiday, the booking might be transferred to another person(s), provided it is not less than 14 days prior to departure and you pay an amendment fee of € 40,00, as well as any additional costs we may incur.
Please note: Certain travel arrangements (e.g. hotel or transportation Bookings) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you and a cancellation fee may apply.
Cutting holidays short: If you are already travelling and you have to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of services and arrangements provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
7. Booking amendments by The Small Adventure Company
On many occasions, our travel arrangements are organized many months in advance and even if it is unlikely that we will need to make a change to your confirmed booking, The Small Adventure Company reserves the right to alter, change, curtail or cancel a holiday.
If we make a minor change (for example change of accommodation to another of the same or higher standard) to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you.
Occasionally we may have to make a major change to your confirmed arrangements, for example a change of accommodation to that of lower standard or a significant change to your itinerary.
Cancellation: We will not cancel your travel arrangements less than 6 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
(i) (for major changes) accepting the changed arrangements;
(ii) having a refund of all monies paid; or
(iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
The Small Adventure Company will not provide a free change, extra arrangement or pay you compensation in the following circumstances:
(i) where we make a minor change;
(ii) where we make a major change or cancel your arrangements more than 90 days before departure
(iii) where we have to cancel your arrangements as a result of your failure to make full payment on time;
(iiii) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
(iiiii) where we are forced to cancel or change your arrangements due to Force Majeure (see clause 8).
Please note: many of the activities included on our holidays are subject to favorable weather conditions. These conditions are not predictable far in advance, so The Small Adventure Company, together with our partners, reserve the right to cancel any activity included on your itinerary within short notice should we not be in the position to guarantee the safety of the activity due to natural circumstances. Together with our partners, we will do our utmost to offer you an alternative activity, but please note that this might not always be possible. In case that we are not in the position to offer you an alternative activity, we will arrange for a full refund for the activity cancelled.
8. Force Majeure
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to, war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
9. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should always confirm your request in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
10. Disabilities, Medical Problems and Suitability
We are not a specialist on providing holidays for people with disabilities or special needs, but we will do our utmost to cater for any special needs you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
It is your responsibility to ensure that you are physically fit, adequately experienced and suitably equipped to complete the holiday. Your booking is accepted on the basis that you understand and accept the inherent risks involved in adventure or activity holidays and that you undertake the holiday and activities of your own free will. If you decide that you are unable to continue the holiday you will be responsible for making your own alternative arrangements at your own expense.
We make every effort to ensure that your holiday arrangements run smoothly but if you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier), our local representative or partner or The small Adventure Company Office immediately who will do their utmost to put things right on the spot.
If the problem cannot be resolved and you wish to complain further, please send formal written notice of your complaint to us at our office within 28 days of the end of your trip, giving your booking reference and all other relevant information. The company can be contacted at: The Small Adventure Company, 22, Castlegate Grove, Lucan, Co. Dublin, Ireland.
This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/.
12. Your Behavior
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
13. Your responsibilities
Please check all travel documentation immediately after receiving them. This includes checking all details on your booking after receiving the booking confirmation and all travel documents that are being sent to you prior to your trip. If you consider any document to be incorrect or have a query in relation to its contents, please notify The Small Adventure Company of his concern as soon as possible.
You and all members of your party are solely responsible for ensuring that you present yourself/(ves) at all the meeting points of your holiday mentioned in the travel documentation provided to you in your travel documents. If you or any member of your party arrive after the departing time stipulated in the travel documentation provided, The Small Adventure Company shall not be obliged to carry you and shall be entitled to treat the holiday as having been cancelled by you.
You hereby agree that you and any member of your party shall abide by all instructions or directions given by a member of the Company’s staff or any crew member of a carrier’s craft or vehicle used in connection with the holiday and hereby agree to indemnify the Company against any loss or injury suffered or incurred by any other person as a consequence of your failure to act in accordance with any such direction or instruction.
The Small Adventure Company shall not be liable for any physical injuries, casualties, loss or damage caused by any events beyond the actual control of the company. You hereby agree to follow at your own risk any of the recommendations given by The Small Adventure Company, checking that the equipment and any accessories assigned to you are in proper working condition and you agree to return it in that same condition, or to compensate the Company with the funds required to restore the equipment back to its initial condition. Furthermore, you agree not to hold the company responsible for injury or death resulting from accidents.
14. Our liability
The Small Adventure Company shall not be liable for any damage caused to you or any member of your party by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of tThe Small Adventure Company or retailer/partner acting on the companies behalf nor to that of another supplier of services:
(a) the failures which occur in the performance of the contract are attributable to you or any member of your party
(b) such failures are attributable to any third parties unconnected with the provision of the services contracted for, with whom you or any member of your party made individual direct arrangements whether as a result of the Company’s or its representative’s recommendation and are unforeseeable or unavoidable; or
(c) such failures are due to:
i) unusual and unforeseeable circumstances beyond our or any of our partners control, including consequences which could not have been avoided even if all due care had been exercised; or
ii) an event in which The Small Adventure Company, the Retailer acting on his behalf or the supplier of services, even with all due care could not foresee or 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 Company the amount of compensation which will be paid to the Consumer will be limited to an amount equal to double the inclusive price of the package to the individual concerned. The Company’s liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of in the place where they are performed or due to be performed even if that convention has not been ratified or applied in the Republic of Ireland.
(d) The customer must appreciate that in certain countries services in hotels, on tour and in restaurants cannot be expected to be of the same standard as those in Ireland and the UK and the term “reasonable standard” must be interpreted accordingly.
Excursions or other tours that you may choose to book or pay for outside our travel arrangements whilst you are on holiday are not part of your package holiday or contracted arrangements provided by us. All excursions are supplied by third party suppliers and are subject to their own terms and conditions. They do not form part of your holiday arrangements booked through us.
For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
16. Passport, visa and immigration requirements
It is your responsibility to check and fulfil the passport visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. You can visit a service such as www.travisa.com to find out what visas and other documents you may require for your destination.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
17. Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
18. Photo/Statement Authorization
You or any member of your party grants The Small Adventure Company or any parties it designates the right and permission to photograph, film, record and/or otherwise capture participant’s (and participant’s participating minor child/children, if any) name, image, voice, verbal or written statement, video, photograph and/or visual likeness (collectively “images”, and including those voluntarily submitted to us by any Tour participant via a review, feedback form, competition entry or otherwise) during the Tour, for use in any media throughout the world in perpetuity, including for sale, reproduction or display on the internet, in publications and/or for any other informational, promotional or educational use, without compensation to participant. The Small Adventure Company owns all ownership and copyright rights in the images and participant waives any inspection or approval rights.
19. Internet Postings; The Small Adventure Company’s Protected Materials:
The Small Adventure Company encourages participants to ‘spread the good word’ about their experiences on Tour. At the same time, we expect participants to respect our organization, and not to disparage The Small Adventure Company in postings on the Internet (websites, Facebook, YouTube, Twitter or other sites). Also, please understand that The Small Adventure Companys’ websites and information contain copyrighted materials, trademarks, protected trade names and logo/marks that are the sole property of The Small Adventure, and (other than downloading or printing for personal use), may not be copied, broadcast, disseminated or publicized, without our written permission.
20. Data Protection and Privacy