MARBLE CITY TRAVEL - TERMS AND CONDITIONS
A: GENERAL SECTION
THIS SECTION APPLIES TO YOUR USE OF THIS WEBSITE AND ALL THE SERVICES PURCHASED BY YOU
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the terms and conditions contained herein. By using this site, you are confirming your consent to and acceptance of these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site marble city travel reserves the right to change these Terms and Conditions of Use from time to time at its sole discretion. marblecitytravel.ie is a trading name of Marble City Travel Limited
PLEASE NOTE THAT NOT ALL OF THE SERVICES WHICH Marble City Travel PROVIDES ARE SUPPLIED BY Marble City Travel THEREFORE THE CONTRACT FOR THE SERVICE WILL BE WITH YOU AND THAT THIRD PARTY
1. Legal Capacity
AGENCY: In many instances when you are purchasing a Service on this site, Marble City Travel is acting as a disclosed agent for third party suppliers, such as a tour operator, airline, cruiseline, hotel, car hire company etc. The contract for the Service is between you and the third party supplier, and will usually involve your being required to accept additional terms and conditions governing the contract with the relevant third party supplier. YOU SHOULD READ ANY SUCH THIRD PARTY TERMS AND CONDITIONS BEFORE COMPLETING YOUR PURCHASE. When Marble City Travel deals with you as an agent, Marble City Travel has no contractual liability for the Services, which you have purchased.
PRINCIPAL: There may also be instances when Marble City Travel shall be the principal for the Service which you are purchasing, i.e. the contract for the Service is between Marble City Travel and you. In such instances you will be required to accept Marble City Travel’s additional terms and conditions which govern the Service which Marble City Travel is contracting to provide to you. YOU SHOULD READ Marble City Travel’s TERMS AND CONDITIONS BEFORE COMPLETING YOUR PURCHASE.
YOURS: You hereby confirm and represent that you are eighteen years or over. You understand that you are financially responsible for all uses of the Site by you.
2. Invitation to Treat
All the Services sold through Marble City Travel are NOT an offer by Marble City Travel are to sell any Service, but an invitation to you to make an offer to Marble City Travel or in the case of a third party service, the third party.Marble City TRavel is free to accept or reject these offers.
3. Limited Licence
Marble City Travel grants you a limited, non-transferable licence to use this site in accordance with these Terms and Conditions of Use. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes. This site and content provided in this site may not be reproduced in any way without the written consent of Marble City Travel. Unauthorised use of this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights (b) is protected by copyright, trademark or other proprietary right unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in the restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of this site.
4. Warranties and Disclaimers
DISCLAIMER/EXCLUSION OF WARRANTY Marble City Travel does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the site or any content, search or link on it. The site and its content are delivered on an "as-is" and "as-available" basis Marble City Travel cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. Marble City Travel disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Marble City Travel will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. Marble City Travel makes no guarantee of any specific result from use of this site.
LIMITATION OF LIABILITY. Marble City Travel assumes no responsibility, and shall not be liable for, any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. In no event shall Marble City Travel or any third party suppliers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings), howsoever arising including but without limitation (i) any use of the site or content found herein, (ii) any failure or delay, or (iii) the performance or non performance by Marble City Travel or any third party supplier including but not limited to, non performance resulting from bankruptcy, reorganisation, insolvency, dissolution, or liquidation If, notwithstanding the foregoing, e-Travel.ie or any third party supplier should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of e-Travel.ie and the third party suppliers shall in no event exceed, in the aggregate, the greater of [INSERT LIMITS]
ERRORS AND OMMISSIONS: Marble City Travel will use best endeavours to correct any errors and omissions as soon as practicable after having been placed on notice of same. For example a price, product, service or other detail displayed or presented on this web-site may result in a price, product, or service or other detail being incorrect. Where this occurs, Marble City Travel reserves the right to cancel any contract with you, without any liability to you.
5. Governing Law
This Agreement and its performance shall be governed by the laws of the Republic of Ireland and subject to the jurisdiction of the Irish Courts.
Marble City Travel may terminate your use of this Site and these terms and conditions and/or the provision of any of the Services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which e-Travel.ie and its third party suppliers may be entitled, at law or in equity.
SECTION B: ACCOMMODATION
1. LEGAL CAPACITY
We are, and legally act as, an agent. We are agent for the supplier(s) of any travel services or products you book through us, except for low cost where we are your agent (in such circumstances we charge a fee for this service, details of which are available details of our fees are available on our website www.marblecitytravel.ie As an agent, we do not supply, own or control any of these travel services or products; we are the intermediary which enables you to book what you want. We are not, therefore, responsible for any of these services or products. If there is a problem with them, your recourse is against the relevant supplier.
Please refer to the paragraphs below which explain how and on what terms, bookings through us are processed, charged or altered. It also contains other relevant information.
1.2 Yours: You hereby confirm and represent that you are eighteen years or over. References to “You” mean you and all persons named in a booking on whose behalf you have been authorised to act.
2. DATA PROTECTION
The information (including personal information such as special needs, dietary or religious requirements) which you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements, such as public authorities, customs or immigration if required by them, or as required by law. Your information may also be passed on to security or credit checking companies. Under US law and in accordance with an International Agreement between the EU and the US the US Department of Homeland Security (DHS) will receive certain travel and reservation data (PNR) about passengers flying between the EU and the US. DHS has undertaken that it uses this information primarily for the purposes of preventing terrorism and other transnational serious crimes and for checking against lists of passengers raising aviation security concerns. The PNR will be retained for at least three years and six months and may be shared with other authorities. Further information can be obtained from us or your airline. In addition to the US a number of other countries including Japan require that this information will provided to its Customs and Border Protection Authorities for the purposes of preventing and combating terrorism and other transnational serious crimes. If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we may be unable to proceed with your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available upon request
Unless otherwise stated all deposits are NON-REFUNDABLE.
We are government licenced and bonded as a travel agent. Vouchers that have not been exchanged against overseas travel contracts are not refundable from our bond and it is recommended that you pay for vouchers by credit card where possible.
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the principal who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.
6.CANCELLATION and AMENDMENT
Because of the ever-changing nature of airfare structures and the increasing availability of instant purchase air fares most of the flights which we sell must be paid for in full at the time of booking. Most airfares are non refundable. A cancellation or amendment shall only be effective upon receipt of same in writing from you and may be subject to our cancellation service charge or amendment service charge. Many suppliers such as tour operators and cruise-line companies apply 100% cancellation charges from 10 weeks before the date of departure.
We cannot recommend strongly enough the importance of taking out adequate travel insurance. Many principals require you to take out travel insurance as a condition of booking with them to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. If we have issued your policy please check it carefully to ensure that all the details are correct and that all relevant information has been provided by you (e.g. pre-existing medical conditions of all those on whose health your travel arrangements depend). If you do not disclose relevant information your insurance may not be effective.
8. DELIVERY OF TRAVEL DOCUMENTS
All documents will be sent to you by ordinary post or by email. Once documents leave our office we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means which will incur an additional charge, details of which are available on request.
9. PASSPORTS, VISAS AND HEALTH
We can provide general information about the passport, visa and health requirements for your trip, upon request. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Most countries now require passports to be valid for at least 6 months after your return date. You should check with your own doctor for your specific health circumstances. For European holidays, you will need a European Health Insurance Card (EHIC) to receive healthcare that becomes necessary during your visit to an EEA country or Switzerland free or at a reduced cost and you should obtain one prior to departure. You can obtain an EHIC card online at www.ehic.ie.The EHIC card will enable you to receive medical assistance in an EU country but is not an alternative to travel insurance which we strongly recommend you obtain as soon as you make a booking.
It is you responsibility to ensure that all your travel, passport, visa and insurance documents are in order and to present yourself at your point of departure in plenty of time for check in. It may be necessary to reconfirm any return flights with the airline prior to the departure of your flight. You should take a note of any reference number or contact name when reconfirming. If you fail to reconfirm you may be refused permission to board the aircraft and you are unlikely to receive any refund.
Any dissatisfaction regarding your travel or holiday arrangements must be reported to the principal or their local supplier or agent immediately.
12. IDENTITY OF CARRIERS
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; if there are any changes to the operating air carrier(s) we are obliged to inform you of these as soon as possible. If we don’t know the identity of the operating carrier(s) when you are booking, we must inform you when it is known. In all cases, we are obliged to inform you of the identity of the operating air carrier at check-in or boarding, where no check-in is required for a connecting flight. In accordance with EU Dir No.2111/2005, we are required to bring to your attention the existence of a ‘Community Blacklist’, which contains details of air carriers that are subject to an operating ban within the EU Community.