Agreement for the sale and supply of a package holiday or flight only between Falcon Holidays and Thomson, before signing clause 18 (the booking form), or if you are booking via the web, before ticking the box, please read carefully these Booking Conditions and our Essential Holiday Information. They apply to all the holidays and flights described in this brochure and our website and they deal with your rights and obligations to us and ours to you. We are committed to a policy of fair-trading and make every effort to ensure you will have an enjoyable holiday with us.
YOUR FINANCIAL SECURITY
Falcon Holidays or Thomson, with whom you make a contract when you book are operated by Falcon Leisure Group (Overseas) Ltd. We hold Tour Operators Licence Number T.O. 021 issued by the Commission for Aviation Regulation and as a requirement have arranged an approved secured bond. This means that when you book a holiday with us you can be entirely confident that in the unlikely event of our insolvency before or during your holiday, any money you have paid to us is fully secured, and if you are overseas, that full arrangements will be made to repatriate you at the end of your holiday.
1. PARTIES TO THIS CONTRACT DEFINED
In this agreement the word Organiser means the person who arranges your transport, accommodation etc., and who offers it as a holiday. Consumer means you, the person who buys or agrees to buy the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the Booking, or any person to whom you transfer a holiday, which you have bought. The Retailer is the person who sells the holiday to you (this could be any bonded travel agent, a Falcon Travel Shop or our Call Centre); he is not responsible for organising the flight, accommodation or other component parts of the holiday. In this agreement the masculine shall include the feminine, the singular shall include the plural and vice versa.
2. THE CONTRACT
(a) No contract shall arise until you, via a travel agent, our call centre or the web, ask for your booking to be confirmed. The booking is confirmed when your travel agent receives a booking reference number, via their computer system, or when this is given by our sales staff to you or your agent, or when the web displays it. In the case of a booking made with a travel agent, the consumer should then sign the completed Booking Form and pay a deposit or make full payment for the holiday, as set out in Clause 18, which is the Booking Form. If you are booking with our call centre, a Booking Form will be posted to you and you should check that the details are correct, sign it and return it to the address provided. For web bookings, you must confirm your acceptance of our terms and conditions by ticking the relevant box. The terms of contract are contained solely in this agreement, the Organisers confirmation, the Organisers Brochure, or other descriptive material, or our website, any airline or sailing ticket issued and the itinerary issued by the Organiser, except insofar as laid down by Statute. 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 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.
(b) The Organiser reserves the right to terminate this contract if the behaviour or conduct of a Consumer either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in his company or that of the Consumer himself. Where the contract is cancelled in such cases, normal cancellation charges apply as set out below. If your actions or those of any member of your party cause damage to the accommodation in which you are staying, or cause delay or diversion to any flight or other means of transportation, you agree to fully indemnify us against any claim (including legal costs) made against us by or on behalf of the owners of such accommodation or the operator of such flight or other means of transportation.
Note: The person making the booking must be over 18 years old.
Minimum age: Passengers travelling alone who are under the age of 18 will need a letter of consent from parent or legal guardian. In these circumstances for a package holiday the minimum age of travel is 17 years on the day of departure. Letters from accompanying passengers over the age of 18 other than parents or legal guardians will not be accepted. This rule will not be waived under any circumstances.
3. DISABLED PERSONS
It shall be the Consumers responsibility to disclose, prior to booking, to the Organiser any physical or mental condition of a member of his party, which may be relevant. Please note that surcharges will be levied to cover the additional cost of providing suitable transfers and any other special needs requirements, subject to availability.
The holiday must be paid for in full at least 8 weeks before the scheduled date of departure. If you book more than 8 weeks before your holiday departure, we require you to pay a non-refundable deposit as set out on the booking form in Clause 18. The balance will be payable 8 weeks before departure. If you pay less than the normal deposit under a low deposit booking scheme, then the remaining deposit will be due on cancellation or date specified at time of booking or on your confirmation invoice. Once confirmed, the booking deposit, additional charges paid and insurance premiums will not be refunded in the event of cancellation except in the circumstances where the Organiser cancels your holiday, as provided for in Clause 9 below. If you book less than 8 weeks before your departure you must pay the full price of your holiday when you book. Payment may be made by cash, cheque (if there is time to clear it to meet the payment schedule shown above - you should allow 5 working days for clearance from the time it is received) or any major credit card (a charge of 2% applies) acceptable to your travel agent. When you make your booking through a travel agent he will hold these payments for you until the contract between us comes into effect. At this point, the money will be held by the travel agent on our behalf. If the payments are not made as per the above arrangements, the Organiser shall have the option to cancel the holiday.
If the Organiser exercises that option or if the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser) the following cancellation charges are payable by the Consumer:
|57 or more||Loss of deposit|
All cancellation charges apply to each person covered by a booking. Any insurance premium paid is not refundable.
If you’re prevented from taking the holiday you’ve booked, you may transfer your booking to another person, where practicable and subject to agreement with the Tour Operator, provided it’s not within 14 days of departure and the following conditions are met:
- You authorise us to make the transfer
- The person to whom you transfer your holiday booking complies with the terms of the existing booking
- That person accepts the transfer and the terms of Our Agreement
- That person shows us evidence of their holiday insurance, as your policy can’t be transferred, and the premium can’t be refunded
A substitution charge of €50pp will be applied, plus whatever charges our suppliers will levy. This will be added to the new invoice issued to that person. You’ll remain responsible for the payment of any balance on that new invoice if that person fails to pay it. Substitutions are not permitted within 14 days of departure and the appropriate cancellation charges will apply. Requests for changes to all names on a booking will be treated as cancellation and the appropriate cancellation charges will apply.
6. ALTERATION BY CONSUMER
If after acceptance by the Organiser a Consumer wishes to alter a holiday, the Organiser may facilitate that change at its discretion. A request for alteration must be in writing and must be accompanied by a charge of €20 per person for changes made more than 8 weeks before departure and €40 for changes made less than 8 weeks, which payment is not refundable. Within 21 days of departure the appropriate cancellation charges will apply. If the alteration is impracticable the original holiday arrangement shall continue to apply. If only some of the Consumers booked request a change, which is found to be practicable, a price adjustment for all Consumers on the same booking may be payable and must be discharged on the date shown in the Organisers written confirmation of such change. If the total price of the holiday as altered at your request is lower than the price of the original holiday, then the original price will apply. If the price of the holiday as altered at your request is greater than the price of the original holiday, then you will be liable to pay any increase in price and any alterations to the original agreement will be strictly subject to the price difference being paid by your party. If default is made by the Consumer in complying with the foregoing requirements, the Organiser shall have the rights referred to in clause 4.
7. SPECIAL REQUESTS
Special requests (e.g. ground floor accommodation, sea view, etc.) shall be communicated by the Consumer in writing to the Organiser or Retailer at the time of making the booking. The Organiser shall use reasonable endeavours to fulfil such requests. The granting of such requests is the sole responsibility of the property management. No liability shall attach to the Organiser for failure to comply with a special request and such requests do not form part of the contract.
8. ACCOMMODATION ON REQUEST
Where accommodation is on request an additional administration charge of €15 will be payable by the Consumer. This charge will be credited to the cost of the holiday once a booking is confirmed. If the Organiser is unable to obtain the particular accommodation requested by the Consumer, the Organiser shall take all reasonable steps to make a comparable alternative available to the Consumer. If the accommodation requested by the Consumer cannot be confirmed or an alternative offered or if the alternative offered is not acceptable to the Consumer, the Consumer shall be entitled to a refund of all monies paid to the Organiser less a €15 administration charge.
9. ALTERATIONS BY THE ORGANISER
(a) The Organiser reserves the right to alter, change, curtail or cancel a holiday.
(b) If as a consequence of force majeure (as hereinafter defined in sub-paragraph (f) of this clause), the Organiser is obliged to curtail, alter, extend or cancel a holiday, the Consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the holiday.
(c) The Organiser has specified that a minimum number of bookings are required for a programme of holidays in its published information relating to that programme, the Organisers obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that minimum number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfer by Consumers or otherwise, the Organiser shall be entitled to cancel or curtail the relevant programme at any time up to 4 weeks prior to the departure date and the Consumer shall not be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Organiser shall notify the Consumer as soon as practicably possible of any cancellation or curtailment necessitated by the foregoing circumstances.
(d) If prior to the departure date there is a cancellation, alteration, change or curtailment relating to a holiday, which results in more than 18 hours change in the time of departure, or a change of resort or in the type of accommodation offered, or some other change which fundamentally alters the holiday, the Consumer is entitled;
(D1) To take a replacement package of equivalent or superior quality if the Organiser (whether directly or through a Retailer) is able to offer such a replacement or;
(D2) To take a replacement package of lower quality if the Organiser is able to offer such a replacement and to recover from the Organiser the difference in price between that of the package purchased and the replacement package or;
(D3) To have repaid as soon as possible all the monies paid under the contract.
(e) Where the Organiser makes an alteration in the holiday as contemplated in sub-paragraph (D1 and D2) of this clause the Consumer shall be entitled to receive compensation in accordance with the scale set out below. Any children not paying the full adult fare will receive 50% off these amounts. Children using a free child place will not receive any payment.
|Notification Period Prior to Departure Date||Compensation per Person|
|Within 8 weeks||€14|
|Within 6 weeks||€28|
|Within 4 weeks||€42|
|Within 2 weeks||€56|
|Within 1 week||€70|
(f) In this agreement, the term ‘force majeure’, that is to say unusual and unforeseeable circumstances beyond the control of the Organiser, the Retailer or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised or an event which the Organiser, the Retailer or the supplier of services, even with all due care, could not foresee or forestall shall include acts of God, natural disasters, adverse weather conditions, fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war/terrorism, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.
It is a condition of booking with us that you and all other members of your party including infants and children are adequately insured on holiday. If you do not take our insurance we require you to give us details of the alternative insurance you have arranged (see Booking Form). As cancellation cover applies immediately no refund of premiums can be made after 14-day refund guarantee period (see insurance section).
Please note: some hazardous activities may also require additional coverage so please ensure you check with your insurance provider and/or policy.
NOTE: ALL INSURANCE POLICIES CONTAIN EXCLUSION CLAUSES/EXCESS FEES - PLEASE READ YOUR POLICY DOCUMENT CAREFULLY.
11. PRICE VARIATION
All prices are stated in Euro and are accurate at the date of publication. 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 fuel supplement to holiday prices should this increase after the date of this publication. We may also change the price of flight insurance, and the air travel security charge which tour operators and airlines have to charge.
Prices can go up or down. Please check with us or your travel agent before booking, to obtain the latest prices for holidays, flight insurance, the air travel security charge, fuel supplements and airport charge.
We reserve the right to increase or decrease the price of your holiday after you have booked but no later than 20 days before the departure date stipulated. Any increase or decrease to your holiday price will be as the result of changes in:
(1) transportation charges - fuel, airport charges, scheduled airfares or any other transport charges which form part of our contract with airlines (and their agents), and any other transport provider),
(2) dues, taxes or fees chargeable for services such as landing taxes and embarkation/disembarkation fees; and
(3) the exchange rates applied to your particular holiday.
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, we will not make refunds or 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 together with an amount to cover agents’ commission.
If the increase is more than 10% of the holiday price (calculated as above and excluding any amendment charges and/or additional services or travel arrangements), then you will have the options set out in clause 9. 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. The increase will be considered an alteration as described in clause 9 and, unless you choose to cancel in accordance with Clause 4, you will be entitled to the alternatives set out in clause 9 for those circumstances, but in either case you will receive compensation in accordance with clause 9.
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.
The Organiser accepts full liability for the proper performance of its obligations under the contract with you for the provision of your holiday.
The Organiser shall offer prompt general assistance to any client who through mishap suffers difficulty, illness, personal injury or death during their holiday with the Organiser and arising out of an activity, which neither forms part of the holiday the Organiser has confirmed nor an excursion booked through the Organiser.
The Organiser shall not be liable for any damage caused to the Consumer 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 the Organiser or Retailer acting on the Organisers behalf nor to that of another supplier of services because:
(i) The failures which occur in the performance of the contract are attributable to the Consumer; or
(ii) Such failures are attributable to a third party, unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or
(iii) Such failures are due to: (a) Unusual and unforeseeable circumstances beyond the control of the Organiser, the Retailer acting on his behalf or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised; or (b) An event, which the Organiser, the Retailer acting on his behalf or the supplier of services, even with all due care, could not foresee or forestall.
(iv) The Organisers liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of even if that convention has not been ratified by or applied in the Republic of Ireland.
(v) CONDITIONS OF CARRIAGE
You must comply with the conditions of carriage applied by land, sea and air carriers. The provisions of the Warsaw Convention 1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines’ conditions of carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. We will supply a copy of conditions of carriage applicable to your holiday, and of the Warsaw Convention, if you request them.
This is a notice required by European Community Regulation (EC) No. 889/2002.
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately €119,604), the air carrier can't contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it wasn't negligent or otherwise at fault.
Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately €19,137).
Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs (approximately €4,959).
Baggage delays: In case of baggage delays, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs (approximately €1,196).
Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1,000 SDRs (approximately €1,196). In the case of checked baggage, it's liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within 7 days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers: If the air carrier performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information: The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.
Sea Travel Conditions of Carriage & International Conventions
Land, sea and air carriers will have their own conditions of carriage with which you must comply. In the case of sea travel the provisions of the Athens Convention 1974 relating to the carriage of passengers and their luggage by sea may apply. This Convention and the sea carriers conditions of carriage may continue to apply to you and your party throughout your stay on board the ship, and during boarding and disembarkation. This Convention presumes that your baggage has been delivered undamaged unless you give full written details to the carrier (1) in the case of apparent damage, before you disembark from the ship or the baggage is redelivered to you: or (2) in the case of damage which is not apparent or of loss, within 15 days of disembarkation or from the time when the baggage should have been redelivered to you. The Athens Convention, and the carriers’ conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and make special provisions for valuables. A copy of the conditions of carriage applicable to your holiday, and the Athens Convention referred to above, can be supplied on request.
(vi) 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 Organiser the amount of compensation which will be paid to the Consumer shall be limited to, in the case of an adult not greater than an amount equal to double the inclusive price of the Package to the adult concerned and in the case of a minor an amount equal to the inclusive price of the Package to the minor concerned.
13. DEFAULT BY THE CONSUMER
(a) The Consumer shall check all travel documentation immediately it is furnished to him. If the Consumer considers any document is incorrect or has a query in relation to its contents, he shall forthwith notify the Retailer or the Organiser of his concern and the Organiser shall respond as soon as possible.
(b) The Consumer is solely responsible for ensuring that he presents himself at the port of departure in sufficient time prior to the designated departure time to complete embarkation requirements. If the Consumer arrives after the check-in time stipulated in the travel documentation provided to the Consumer, the Organiser shall not be obliged to carry the Consumer and shall be entitled to treat the holiday as having been cancelled by the Consumer.
(c) The Consumer is restricted by regulation of carriers and executive authority with regard to the weight, type and contents of baggage, which he may take on board the craft, and/or vehicles, which will be used in connection with the holiday. The Consumer shall be responsible for ascertaining any limitations, which apply in this regard and shall not present himself at the port of departure with any prohibited item in his luggage or on his person or with items, which exceed weight or dimension restrictions applicable.
(d) The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organisers staff or any crew member of a carriers craft or vehicle used in connection with the holiday and hereby agrees to indemnify the Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumers failure to act in accordance with any such direction or instruction.
14. FLIGHTS AND FLIGHT TIMES
The flights referred to in the Falcon and Thomson Ireland brochures are scheduled to be operated by: Thomson Airways, Iberworld/Orbest, AMC, AMV, Aer Lingus, Air Europa, Air Via, Pegasus and Monarch, British Middland, Astraeus Airlines, CSA Czech Airlines using Boeing 737, 757, 767 and Airbus A320, A321 and MD83 and MD87 aircraft.
We reserve the right to change airlines or aircraft types at any time. Such changes will not be regarded as a significant change and you will not be entitled to cancel your holiday without paying the appropriate cancellation charge (see Payment section above). Some flights may have to double-hop or stop en route for fuel, etc. Where this is known in advance details are given in the flight tables, otherwise we will inform your travel agent. Although the flight times in this brochure were correct when it was published, they can be subject to alteration by the various Irish and Overseas airport scheduling committees or for other reasons. You will only be entitled to cancel your holiday booking without penalty or to receive compensation when the change to your flight times is 18 hours or more. Other changes which, for example, may give a reduced time in resort cannot be compensated (see Alterations by the Organiser). Actual flight numbers are not known at the time of publication.
(a) If the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the Organisers representative at the location where the Consumer is when the complaint arises, thereby giving the Organiser reasonable opportunity to rectify any matters, and shall, complete a form setting out the detail of the Consumers complaint. If the Consumer fails to comply with such requirements, the Organiser shall be entitled to recover the cost from the Consumer of any additional expense incurred by it in carrying out subsequent investigation of a complaint, which is found to be unjustified.
(b) Notwithstanding Section (a), the Consumer shall be obliged to notify the Organiser, in writing, of any complaint within 28 days after his return to the port of departure, or termination of the holiday, whichever is the earlier. Any complaint received after this period will not be entertained. Please write to our Falcon and Thomson After Travel Customer Support department at the address provided in our Essential Holiday Information.
(c) Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto in relation to any thing or matter arising under, out of, or in connection with this contract shall be referred to Arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators - Irish Branch in accordance with the details set out at Clause 17 below. In accordance with the Arbitration Acts 1954 and 1980 the determination of the Arbitrator as to factual matters in dispute and such Award as he may make are final. Neither party has a right of Appeal except to the High Court on a point of law.
(d) Alternatively, claims for less than €2,000 per booking may be pursued through the Small Claims Court as per Clause 18 of this agreement.
(a) The contract arising from any confirmed holiday booking is to be interpreted under, and is subject to, the laws of the Republic of Ireland.
(b) All holidays in this brochure and on this website are operated by Falcon Leisure Group (Overseas) Ltd., trading as Falcon Holidays and Thomson. The acceptance of service of proceedings is at Falcon Holidays and Thomson, 18-19 Duke Street, Dublin 2.
17. ARBITRATION ARRANGED BY THE CHARTERED INSTITUTE OF ARBITRATORS - IRISH BRANCH ON BEHALF OF TOUR OPERATOR (ORGANISER)
Administered under the Rules of The Chartered Institute of Arbitrators - Irish Branch
(a) Introduction: Most problems related to a holiday are resolved by informal discussions directly between the Organiser/Retailer and the Consumer. Where agreement is not possible, the matter is then to be referred to Arbitration.
(b) Definitions: Arbitration is the settlement of a dispute by an impartial Arbitrator. Arbitration is a private dispute resolution procedure and is a legally binding means of resolving such matters. An Arbitration Agreement is an agreement to refer a dispute to Arbitration, usually in the form of an Arbitration Clause as included in the standard booking conditions of the Organiser. A submission to Arbitration is called a Reference and the decision of an Arbitration is an Award.
(c) Appointment of an Arbitrator: If there is a dispute which cannot be mutually agreed, either party may apply directly to the Institute at Merchant’s House, 27-30 Merchant’s Quay, Dublin 8, for the form Request for Appointment of Arbitrator. This form sets out the information to be submitted: names and address of the parties concerned, copies of the booking form and conditions (including the Arbitration clause), details of any legal or other people who are to represent the parties in the Arbitration and an administration charge of €100+VAT for non-personal injury claims and €200+VAT for personal injury claims at present. This form refers to the Institutes Arbitration Rules which will apply to the Arbitration and which are briefly summarised as follows (copies of the Rules and the accompanying guidance Notes on Arbitration are available from the Institute at a cost of €10+VAT per set at present).
(d) Procedure: Once an Arbitrator has been appointed he is in complete charge of the reference, deciding the procedure as he considers best, and the Institutes Rules deliberately give him this flexibility.
(e) Questionnaire Form: In this scheme, the Arbitrator will first send out a detailed form for completion by both parties. This will provide him with the details of the actual dispute so he can decide when and where to hold a hearing with both parties to present their cases.
(f) Hearing: While an award may be made by an Arbitrator based on the documentary evidence sent to him by the parties, it is open to both parties to present their case to him at an informal hearing.
(g) Award: The Arbitrators decision is made formally in his Award which is sent to both parties. The Award is a final and binding resolution of the dispute.
(h) Arbitrators Fee: A fee is payable to the Arbitrator for the conduct of the Arbitration. The Tour Operator/Organiser normally pays this fee but the Arbitrator has absolute discretion to award this cost as he thinks fit.
18. BOOKING FORM
You must have adequate travel insurance before you travel.