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Marathon Sports Travel are a licenced tour operator (T.O. No 225) with the Irish Aviation Regulator. As a tour operator we have to inform you of our terms and conditions (T&C’s) when making a booking with our company The T&C’s will help to give you confidence in our professionalism and also protect your rights as a customer.
Please read them all thoroughly, but in particular you should be aware of point 10 in relation to changes to match fixtures from the time of booking, point 6 – hotels own policy when checking in and point 7 – our policy on match ticket allocations.
For anything you book with us, you’ll need to agree to the following terms and conditions, all bookings are bound by these.
Please note the meaning of the following terms used:
“Marathon Sports Travel (MST)” is part of Marathon Travel Ltd – T/A Marathon Sports Travel of Charlemont House, 33 Charlemont Street, Dublin 2, Ireland.
“Client”- the person that has signed the booking form on behalf of the group or individual. References to and the obligations of the client apply to all members of the party.
“Group, Sports Group, Corporate Group, ” – only those persons included on the client booking form – they must be listed – including the “client”.
“Supplier” – the recognised contracted party used to fulfil an activity or service of the program.
“Program” – the activities and or entertainment and or accommodation as detailed in the suggested list of events that are included by the client in the booking form and subsequently confirmed in the booking confirmation.
“Contract” – the agreed program as detailed in the booking form confirmation.
Marathon Sports Travel reserves the right, at any time before a contract as hereinafter defined is accepted or deemed to be accepted by the client, to withdraw or change these conditions.
The conditions herein are accepted by the client to the exclusion of any previous terms and conditions, written or otherwise.
1 Making a booking
(a) All bookings are made with Marathon Sport Travel (MST)
(b) No contract exists until MST has received a properly completed, signed booking form accompanied by the relevant deposit and Travel Insurance payment (where applicable) per person (including minors).
(c) No additions, deletions, changes, or promises may be made relating to these conditions save by a Director of MST, in writing and signed by said Director.
2 Obligations of the client
(a) The client 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 MST 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.
(b) If the client is booking through a travel agent, it will be subject to the MST terms and conditions.
3 Travel Insurance
We recommend that everybody travelling has travel insurance cover. This may be purchased from MST or any other source provided the level of cover is of equal to or greater than that available from MST. 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, MST 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 MST. 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 the MST 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.
4 Payment
(a) Final payment must be received from the person signing the Booking Form no later than 6 (six) weeks prior to departure of the excursion.
(b) If MST does not receive the full amount outstanding by the due date, MST 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 8 (b).
(c) All first deposits are non-refundable except in the circumstances outlined in Condition 8(c).
(d) Bookings made within 4 (four) weeks of departure date must be paid in full at the time of booking.
5 Prices
Our prices are based on costs and exchange rates as at 30th July 2015. MST 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. MST 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.
6. Hotels
(a) Hotels may require clients or groups to leave a credit card imprint or pre authorisation on checking in to guarantee any extra during your stay in the hotel. They may in addition ask you to provide
breakage/damage/security/behaviour deposit. These amounts are refunded locally if there is no damage, breakage or misbehaviour or justifiable reason to retain deposit. This is not an additional charge for the accommodation.
(b) Late arrival or no show in the case of non-arrival at confirmed accommodation if the Client arrives later than 22.00 hours on the day of arrival, unless prior written notice has been given by the Client directly to the
hotel, the hotel is entitled to assume the Client will not arrive and treat the booking as a cancellation (including any subsequent reservations), standard cancellation terms will apply. In the case of non-arrival on the first night of the package, the hotel is automatically entitled to assume the remainder of booking has been cancelled, standard cancellation terms will apply. MST is not responsible for finding alternative accommodation and will not be responsible for the clients failure to successfully contact the hotel directly.
7. Match Tickets
Match tickets are allocate once MST has received it list of tickets for the event, usually 1 week in advance of travel. Tickets are allocated based on numbers travelling and the breakdown of tickets received. For this reason MST will never guarantee to provide tickets for people travelling to be beside each other. We will do our best to deal with all requests, however we prioritise allocations to parents travelling with children. For high demand events seating people together is very difficult to achieve.
8 Cancellation
(a) You should advise us of cancellation by recorded letter, fax or email as soon as possible. Cancellation of a booking is enacted only when received in writing by MST from the person who signed 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 MST, full insurance details are available on request.
(c) In the unlikely event of MST having to cancel an excursion for any reason whatsoever (lack of numbers is 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.
9 Name change
(a) For packages where travel is by coach and ferry, deposits and other payments of any member cancelling 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 22(b).
10 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 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 9(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.
(c) For events where MST provides match ticket and hotel accommodation only, the booking will be transferred to the new game/event date for the event.
Your booking is always for the game/event and the date that occurs. MST will not be providing any refunds in this case.
11 Cancellation of ferries
If ferries which are booked by MST on your behalf are cancelled prior to departure, MST will do everything in its power to get you or your party to the said destination by arranging alternative ferry routes or sailings. MST
cannot be held responsible for late arrival at or missing an event. Refunds will not be given unless MST receives refunds from suppliers.
12 Changes to Itinerary
(a) While MST will at all times endeavour to satisfy clients’ requirements, nevertheless, because of changing circumstances, MST 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, MST will inform you as soon as possible.
(b) MST are entitled to change the hotel accommodation which was originally booked to a hotel of a similar standard and location.
13 Events beyond MST’s control
War, or the threat of war, terrorist activity, political unrest, riots, civil strife, industrial disputes, natural disaster, closure of airports or ports, roadworks, technical problems with or accidents involving aircraft or other transport (including traumatic accidents/delays), fire, bad weather, force majeure (including breach of contract by any supplier of MST) can affect the planned excursion arrangements. If any such event occurs before departure and you decline to accept alternative arrangements MST may offer, MST will be entitled to retain reasonable expenses incurred in connection with the original booking.
14 If you have a complaint
Should you have a complaint, please inform the MST representative at the earliest opportunity. MST 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 MST within 28 days of returning from your excursion as MST will not accept liability for claims received outside this period. MST normally manages to agree an amicable settlement of the few complaints received. In the unlikely event that an agreed settlement cannot be reached, you can take advantage of the special Arbitration scheme outlined in Condition 15.
15 Arbitration
If any question of difference shall arise between the customer and MST 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 practising solicitors of more than seven years standing, nominated by MST’s Legal Advisers, such a 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 MST. 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.
16 Luggage
MST will not accept responsibility for loss or damage to luggage, except upon proof of negligence of MST state members (this does not include agents/drivers acting on behalf of MST) 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.
17 The supervision and behaviour of parties
In signing the booking form the Party 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 Party 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 a hotel/hostel bedroom 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 omtence to other people.
A Good Behaviour Bond of €1,000 per group (10 people or over) will be charged initially to each group booking. This Bond will be refunded once the transport supplier(s) and accommodation supplier(s) have advised that no damage or inconvenience has been caused. Should any damage or inconvenience be reported by a supplier then the Bond will be forfeited in full.
18 Conduct and Behaviour
(a) All persons travelling on any coach trip undertake to accept and follow all instructions issued by the coach driver and/or guide.
(b) The good conduct and behaviour of all persons is an essential element of the trip and accordingly the coach driver and/or guide have full authority to remove any
person(s) who fail to comply with instructions and requests. No refunds will be issued in such circumstances.
19 Liability
MST is pleased to accept full responsibility for arranging with reasonable skill and attention any excursion booked with it. However, it is not possible for MST 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 service not directly under the control of MST. Accordingly, MST 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 the 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.
20 Driver hours
Please note that your final itinerary will be drawn up taking into account E.U. Drivers (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.
21 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 MST where applicable.
(b) MST are not responsible for changes made to the original time schedule of flights which can be changed due to changes in the airline schedules.
(c) Where a booking is made by MST 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°®.
These Terms and Conditions published 22 September 2014 supersede all previous issues.
22 Insurance
Any person who is travelling with a pre-existing medical condition or has taken prescribed medication within the last 2 years must contact the Medical Screening to declare their condition otherwise there is no cover for that pre-existing medical condition. There is no cover available for persons travelling or a third party relative with a terminal prognosis or those awaiting results of tests or medical investigations. There is no cover for
medical expenses if the insured is travelling with the intention of obtaining medical treatment abroad, if the insured has been advised not to travel and if the insured is not taking recommended treatment or prescribed medication, as directed by a medical practitioner.