Crystal Summer booking contract
Your holiday booking with Crystal Summer is made with the following conditions applied. Please read Our agreement with you carefully as it forms part of the booking contract between us.
Our agreement with you
We are a trading division of Falcon Leisure Group (Overseas) Limited, Company Number 2220337, having its Registered Office address at TUI Travel House, Crawley Business Quarter, Fleming Way, Crawley, West Sussex, RH10 9QL and Our Agreement with you sets out what you are legally entitled to expect from us when you buy our travel services. Those travel services are as advertised by us but may also have restrictions set out in our 'Important Information' which should also be read carefully. Because we sell a wide variety of travel products, you should read our 'Important Information' and these terms and conditions carefully, before you book, to see how they affect your specific travel arrangements made by us.
Your travel booking
Whether you book alone or as a group, we will only deal with the lead booking name in all subsequent correspondence, including changes, amendments and cancellations. You must be 18 years old and possess the legal capacity and authority to book as the lead name and travel on holidays with us and take up the offers advertised by us if they are still available. You are responsible for ensuring the accuracy of the personal details or any other information supplied in respect of yourself and any other person travelling on the booking and for passing on any information regarding the booking or any changes made in relation thereto, to all persons travelling on such booking, including but not limited to information on schedule changes or copies of booking confirmations.
In addition, if your holiday includes a flight, you are also responsible for (a) notifying us prior to the time of booking of any personal circumstances and needs pertaining to a person included in the booking including, without limitation, whether any such person is not self reliant or is a person with reduced mobility - for example if you, or a member of your party, have difficulty in walking 500 metres; and (b) notifying us at any time from the time of booking until 48 hours prior to the flight's departure by calling our call centre if any person travelling on the booking has ceased to be self reliant or a person with reduced mobility or if a person previously reported to be with reduced mobility or as not being self reliant does no longer fall into either category.
It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured on holiday. Any person who is under 18 years old must be accompanied by an adult on his or her journey. There may be other restrictions and conditions on some offers, but these are explained in the details of those offers. When you or (if you are booking through a travel agent) your travel agent ask for your booking to be confirmed, we will confirm the booking there and then, and set aside your chosen accommodation, holiday or transport for you. Next, we will send you or your travel agent a Confirmation Invoice within 14 days. We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc). In these instances we may issue a Confirmation Invoice. However, a contract for arrangements that have not been confirmed on that invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct tell us or your travel agent immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund.
When you or your travel agent wish to confirm a booking you must pay the deposit of €150 per person (Europe), €225 per person USA and Canada together with the insurance premium if required. The deposit payable on seat only bookings is €150 (Europe & longhaul flights).
In addition where we use EasyJet (EZY), FlyBe (BE), Air Transat (TS) or Jet2 (LS) we will need to take the cost of the flight as an addition to the standard deposit above. The deposit amount charged will vary depending on departure date, route and date of booking and reflects the non-refundable nature of the flight cost for these airlines. You will be advised of the applicable deposit amount prior to confirming the holiday.
Some airlines that require instance ticketing will require a higher a deposit than mentioned above. You will be advised of this throughout the booking process.
When you or (if you are booking through a travel agent) your travel agent ask for your booking to be confirmed, if we accept your booking, we will issue a Confirmation Invoice. A contract will exist between us from the date we issue the Confirmation Invoice or if you book within 7 days of departure the contract will exist when we accept your deposit payment. We may not be able to confirm some of our ground arrangements straight away (e.g. bespoke accommodation, tours etc). In these instances we may issue a Confirmation Invoice.
However, a contract for arrangements that have not been confirmed on that invoice will only be made when we have sent you written confirmation that those additional arrangements have been completed. If there is any change to any of the details discussed at the time of booking, before the Confirmation Invoice is issued, we will notify you promptly of any new or changed details, including a change to the total price (if any). If any detail on the Confirmation Invoice is not correct tell us or your travel agent immediately. If there is an obvious error on the Confirmation Invoice we reserve the right to correct it as soon as we become aware of it, but we will do this within 7 days of issuing the Confirmation Invoice or, if your departure is within 7 days, no later than 24 hours before you go. If any of these changes are not acceptable then you will be entitled to a full refund.
Your Financial Protection
The Package Holidays and Travel Trade Act, 1995 require us to provide security for the monies that you pay for the package holidays booked from us and for your repatriation in the event of our insolvency.
You can book with Crystal with the total confidence that not only will you find the right holiday, but that your money is safe too. Crystal holidays are a trading division of Falcon Leisure Group (Overseas) Limited, licensed as a tour operator by the Commission for Aviation Regulation license No. T.0.029. We are fully bonded so if the unexpected happens, you won't be left stranded or out of pocket.
Airdvance Passenger Information
It is a condition of your booking that you and all members of your party provide certain information that may be sent to governmental authorities and border control and security agencies for the purpose of security and counter terrorism. This is known as Advance Passenger Information, sometimes known as APIS. The information you must provide will include, but not be limited to, full name - as shown in your passport or travel document, gender, date of birth, travel document type, number, country of issue and expiry date, and for travel to the U.S., your country of residence and the address for your first night's stay. Information will be collected upon check in.
The price you pay
All prices we advertise are accurate at the date published, but we reserve the right to change any of those prices from time to time. Prices include a cost for fuel that was estimated at the date of this publication. We reserve the right to add a fuel supplement to holiday prices should this increase after the date of this publication. Prices can go up or down. We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking.
We reserve the right to increase the price of your holiday after you have booked but no later than 20 days before the departure date stipulated and will forward an Amendment Invoice reflecting any changes made. After a Confirmation Invoice has been sent to you, any increase to your holiday price will be as the result of changes in our costs of supplying your holiday resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), currency fluctuations and government action. An administration charge and any relevant travel agent's commission is included within these amounts.
If the increase would be 2% or less of the holiday price shown on your Confirmation Invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level.
If any change in our costs would cause a reduction in your holiday price, wewill not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge of €1.
If the increase is more than 10% of the holiday price (calculated as above), then:
You may cancel your holiday booking within 14 days of the Amendment Invoice date and receive a refund of all monies paid to us except any amendment charges; we will only consider an appropriate refund of insurance premium paid if you can show us that you are unable to transfer or re-use your policy; and
The increase will be considered a Major Change as described in section 4 below and, unless you choose to cancel under paragraph 1 above, you will be entitled to the alternatives set out in section 4 for those circumstances, but in either case you will receive compensation in accordance with section 4.
The price quoted on the last Amendment Invoice issued is guaranteed, unless you change your holiday booking. Any increases in our costs which occur after the last Amendment Invoice has been sent will be borne by us. Should you instruct your credit/debit card company to "charge back" any payment(s) properly due from you in respect of your booking, we will charge you an administrative fee of £10 per incident and associated costs. We further reserve the right to cancel your booking and/or take legal action against you for all outstanding payment(s).
Credit card fees
Please note that all payments made on a credit card (whether deposits, part payments or final balances) will be subject to a credit card fee of 2%.
If we cancel your booking
We aim to provide your holiday as booked. But if, for example, there are not enough people booked on your holiday or you do not pay the balance of the holiday price on time, we may cancel it. We reserve the right to cancel your holiday in any circumstances but if we cancel your holiday you can either have a refund or accept a replacement holiday from us of equivalent or closely similar standard and price (if one is available). This can include the choice of a replacement holiday from our Ski, Summer or Mainstream brochures. Should you choose this option the terms and conditions of your holiday will not change and these conditions will still apply to your booking. In either case, we will pay you compensation, using the scale shown (unless we cancel your holiday because you do not pay us the balance of the holiday, or because we do not have sufficient bookings to operate the holiday or because of one of the events listed in the 'Important note - events beyond our control') and we will always refund the difference in price if the replacement holiday is of a lower standard and price. We will not cancel your holiday less than eight weeks before you go, unless this is the result of one of the events in the 'Important note - events beyond our control'.
If we change your booking details
We hope that we will not have to make any change to your holiday but, because our holidays are planned many months in advance, we sometimes do need to make changes. We reserve the right to do this at any time. We will let you or your travel agent know about any important changes when you book. If you have already booked, we will let you know as soon as we can, if there is time before your departure. Flight timings shown by us are for guidance only and may change. Your Confirmation Invoice will show the latest planned timings. Your actual flight timings will be shown on your ticket(including any e ticket itinerary), which you should check carefully as soon as you receive it.
Major changes to your holiday
Occasionally, we have to make major changes to the flight or accommodation making up your holiday with us. If we tell you about any of these changes after we have confirmed your holiday booking, you may either:
- accept the new arrangements offered by us; or
- accept a replacement holiday from us of equivalent or closely similar standard and price, if one is available; this can include the choice of a replacement holiday from this brochure. Should you choose this option the terms and conditions of your holiday will not change and these conditions will still apply to your booking. or
- cancel your holiday with us and receive a full refund of all monies paid.
These scales are based on how many days before your booked holiday departure we tell you of a major change. See also the 'Important note-events beyond our control'.
Period before departure when a major change is notified Compensation payable per person More than 70 days 0 29-69 days €15 15-28 days €25 8-14 days €35 0-7 days €45
If the change is not acceptable to you
If any major change indicated above is not acceptable to you, you can cancel your holiday booking. In this case, we will refund all the money you have paid us and will pay you compensation, as shown above, depending on how many days before your holiday we tell you about this change. This standard payment will not affect your statutory or other legal rights.
Important note: Events beyond our control.
Events beyond our control include without limitation: war, threat of war ,riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, technical problems with transport including changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type for reasons beyond our control or that of our suppliers; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar events.
In February 2005 a new Europe-wide law relating to denied boarding, delays and cancellation of flights came into force. This law granted rights to passengers including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights is publicised at EU airports and is also available from affected airlines. However, you should note that reimbursement of the cost of a flight that forms part of your holiday is the responsibility of your holiday airline and will not automatically entitle you to reimbursement of the cost of your holiday from us.
Either way, we will pay you compensation, using the Compensation table shown, unless the change is for reasons beyond our control (see the ‘Important note - events beyond our control’) and we will always refund the difference in price if the replacement holiday is of a lower standard and price. Major changes to your holiday for which we will always pay compensation, using the scale shown, may include the following changes: a significant change of destination; a change in accommodation to that of a lower category, a change in the time of your departure or return flight by more than 12 hours, a change of Irish departure airport but see also ‘Important note - events beyond our control’. These changes are only examples and there may be other significant changes which constitute major changes. This standard payment will not affect your statutory or other legal rights. We will only make one payment for each full fare-paying adult in the holiday booking. Any children not paying the full adult fare will receive 50% of these amounts. Children using a free child place will not receive any standard payment.
Our responsibility for your holiday
We will arrange for you to receive the services that make up the holiday that you choose and that we confirm. These services will be provided either directly by us or through independent suppliers contracted by us. We are responsible for making sure that each part of the holiday you book with us is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of your holiday is not provided as described and this spoils your holiday, we will pay you appropriate compensation (see the 'Important note - events beyond our control').
We have taken all reasonable care to make sure that all the services which make up your holiday advertised by us are provided by efficient and reputable businesses. These businesses should follow the local standards where they are provided. However, overseas safety standards are generally lower than in Ireland.
Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected in the Irish. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of 2 times the cost of your travel arrangements in the case of an adult and once the cost of your travel arrangements in the case of a minor. Our liability in all cases will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and any relevant international convention. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices 18-19 Duke Street, Dublin 2.
We shall have no liability where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our agents or suppliers could have foreseen or forestalled. If we do make a payment, it will be similar to one you would receive under Irish law in an Irish court.
Note: We will make such payments for injury, illness or death on the basis that you are expected to accept that:
- You must tell us and the supplier involved about your injury or illness while you are in the resort (see section 13). You should also write to our Customer Services at the address given in our 'Important Information' about your claim within three months of coming home from your holiday to allow us to investigate it properly and co-operate with us so as to enable us to carry out such investigation. Please include a letter about your injury or illness from your doctor if you can.
- You should transfer to us any rights you have against the supplier or any other person.
- You should co-operate fully with us if we or our insurers want to enforce those rights.
- Any payments we make maybe limited in accordance with international conventions.
We ask you to transfer your rights to us so that we can claim back from suppliers any payments we make to you, plus any legal or other costs. We will not make a profit from this. If we get back from the supplier more than we have paid you plus these costs, we will give the extra money to you.
If you purchase any optional activities that are not part of your pre-booked itinerary, the contract for the provision of that activity will be between you and the activity provider. The decision to partake in any such activity is entirely at your own discretion and risk. If you do have any complaint about, or problem with, any optional activity purchased in resort your claim should be directed to the activity provider and not to us. However, should you or any member of your party by misadventure suffer illness, injury or death during the period of your holiday from an activity which does not form part of the arrangements made by us or an excursion purchased through us, we shall at our absolute discretion give you every assistance including advice, guidance and financial assistance to cover initial legal costs for legal action against a third party where appropriate, up to a limit of €5,950 cost to ourselves per booking form provided such assistance is requested within 90 days of the misadventure. In the event of there being a successful claim for costs against a third party or a suitable insurance policy or policies being in force, the Company is entitled to recoup from you the costs actually incurred by us in giving this assistance.