Breakaway.ie is part of the Neenan Travel Group. We are officially appointed by Disney to distribute the Disneyland Paris product in Ireland. We are also appointed to distribute theme park passes for Disney World in Florida.
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Booking Form (227.5 KB) to download our Booking Form and full list of Booking Conditions.
I. THE CONTRACT
(a) No contract shall arise until the Organiser has (i) received a completed Booking Form (which
has, or a faxed copy hereof has, been signed by the Consumer and by the Retailer as the agent of the Organiser or by the Organiser); (ii) received a deposit or full payment for the holiday; and (iii) has issued written confirmation of its acceptance to the Retailer as the agent of the Organiser or to the Consumer. The terms of the contract between the Consumer and the Organiser are contained solely in the Booking Form, the Organiser’s confirmation, the Organiser’s brochure or other descriptive material, any airline or sailing ticket issued, the terms and conditions of any suppliers of services and the itinerary issued by the Organiser.
(b) The Organiser reserves the right to terminate the contract with the Consumer if the behaviour
or conduct of the 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 the Organiser, or that of the Organiser’s representatives, contractors, agents or employees and the cancellation charges as provided for in Clause 8 of the Booking Form are payable by the Consumer. Further, where, as a result of the consumer’s actions or the actions of an y other person who is listed on the Booking Form either or both of the following incidents occurs: (i) there is a delay or diversion to the means of transportation the subject of this contract. (ii) the accommodation in which the Consumer is staying is damaged, the Consumer, hereby agrees to indemnify the Organiser against any claim (including legal costs) made against the Organiser in relation to the occurrence of such incidents.
2. DISABLED PERSONS
It shall be the Consumer’s responsibility to disclose prior to booking to the Organiser any physical or mental condition of a member of his party which may be relevant and no liability shall attach to the Organiser for the provision of an unsuitable holiday for a disabled person where disclosure of the disability has not been made to the Retailer or to the Organiser where the booking has been made directly with the Organiser. The Organiser reserves the right to decline to provide a holiday for a disabled person where in the Organiser’s opinion that holiday would be inconsistent with the special needs of a disabled person.
3. THE CONSUMER’S RESPONSIBILITIES
(a) The Consumer shall check all travel documentation immediately it is furnished to him. If the
Consumer considers any document to be 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 authorities 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 Organiser’s staff or any crew member of carrier’s 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 Consumer’s failure to act in accordance with any such direction or instruction.
(e) It is also the sole responsibility of the Consumer to ensure that he is in possession of all
travel documentation i.e. passports, visas (where relevant) and that same are in order. The Consumer hereby agrees to indemnify the Organiser for any costs incurred by the Organiser as a consequence of the Consumer being denied transportation or entry as a consequence of the Consumer failing to have their travel documentation or same not being in order.
4. LIABILITY
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 Organiser’s behalf nor to that of another supplier of services because:
(a) the failures which occur in the performance of the contract are attributable to the Consumer;
(b) such failures are attributable to a third party unconnected with the provision, of the services
contracted for, and are unforeseeable or unavoidable; or
(c) such failures are due to (i) 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 (ii) an event which the Organiser, the Retailer acting on his behalf or the supplier of the 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 Organiser the amount of compensation which will be paid to the Consumer will be limited to, in the case of an adult an amount equal to double the inclusive price of the holiday to the adult concerned and in the case of a minor an amount equal to the inclusive price of the holiday to the minor concerned. The Organiser’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. For international transport by air the provisions of the Warsaw Convention 1929 (as amended) relating to the carriage of passengers and their luggage by air or the EU Regulation on Air Carrier liability for travel by air, may apply, throughout the flight and during boarding and disembarkation. For international transport by water the provisions of the Athens convention relating to the Carriage of Passengers and their luggage by sea, 1974 applies. Pursuant to these Conventions and the Regulation, the Organiser’s liability is limited or excluded for death, personal injury, loss of or damage to luggage, and special provision is made for valuables.
A copy of the conditions of carriage applicable to the holiday and the Convention referred to above can be supplied on request. In the event of any liability on the part of the organiser for injury, illness or death, no payment will be made unless the following conditions are complied with
i) the consumer must advise the organiser in relation to the injury or illness while the consumer is
at the resort and must also write to the organiser within three months of the completion of the
holiday,
ii) the consumer must transfer any rights that the consumer has in respect of such injury, illness or death against any person to the organiser:
iii) the consumer must co-operate fully with the organiser to enable the organiser or its insurers to
enforce such rights.
5. COMPLAINTS
(a) The Consumer shall be obliged to notify the Organiser in writing of any complaint not later than 28 days after his return to the port of departure or termination of the holiday whichever is the
earlier and no complaint received thereafter shall be entertained. Without prejudice to the
Consumer’s rights under clause 5b (b) below if the Consumer wishes to make a compliant in relation to a holiday he must immediately inform the Organiser’s representative at the location where the consumer is when the compliant arises and shall if the organiser requires complete a form setting out the details of the consumer’s compliant. If the consumer fails to comply with such requirements the organizer shall be entitled to recover the costs from the consumer of any additional expense incurred by it in carrying out subsequent investigation of a compliant which is found to be unjustified.
6. ARBITRATION
Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto in relation to anything or matter arising under, out of or in connection with the contract and/or the holiday connected to this contract shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators - Irish Branch. Neither party has a right of Appeal except to the High Court on a point of law. Details of the said Arbitration Scheme are available on request. Alternatively, claims for less than the jurisdiction of the District Court Small Claims Procedure per booking may be pursued through the District Court Small Claims Procedure. All claims in excess of the jurisdiction of the District Court Small Claims Procedure shall be referred to arbitration.
7. GOVERNING LAW
The terms of the contract are to be interpreted under and is subject to the laws of the Republic of
Ireland.
8. DEPOSITS
On packages to Disneyland Paris a non-refundable deposit of €100 per person (adult or child) plus any applicable flight supplements is required for all bookings.
For all other bookings full payment is required at time of booking.
9. CANCELLATION FEES
Disneyland Paris Packages -
Prior to 31 days of departure - loss of deposit or 10% of holiday value, whichever is the higher amount.
30 - 8 days prior to departure - 50%
7 - 3 days prior to departure - 80%
2 - 0 days prior to departure - 100%
100% cancellation fee applies to flight costs once tickets have been issued. Tickets are issued 72hours after booking has been made.
Theme Park Tickets - Disneyland Paris and DisneyWorld Orlando
Theme park tickets are 100% non-refundable
Hotel Bookings and all other bookings (all except Disneyland Paris)
Prior to 15 days of departure - Administration fee will be charged of no less than 10% of total booking value
15 - 6 days prior to departure - 50%
5 - 3 days prior to departure - 75%
3 - 0 days prior to departure - 100%
**Important - Cancellation terms and/or fees may change during very busy periods, for example during trade fairs or when big events are being held. These terms are set by the hotels and Breakaway will advise you of these at the time of booking if different from our standard terms detailed above.
**Important - Cancellation terms and/or fees may change during very busy periods, for example during trade fairs or when big events are being held. These terms are set by the hotels and Breakaway will advise you of these at the time of booking if different from our standard terms detailed above.
10. PAYMENT
The holiday must be paid for in full at least 8 weeks before the scheduled date of departure or if the contract is made later than 8 weeks before the scheduled date of departure, it must be paid for in full. If it is not paid by that date, 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 cancellation charges detailed in Clause 9 above are payable, per party, by the Consumer.
If the holiday is not paid for by the due date, the Organiser shall have the right to cancel the holiday . If the Organiser, at the request of the Consumer or Retailer, agrees to delay cancellation of the holiday, then if the Organiser subsequently cancels for non-payment the cancellation charges set out in Clause 9 shall apply and be payable by the Consumer. All cancellation charges apply to each person covered by a booking. As cancellation cover applies immediately, any insurance premium paid is not refundable.
11. TRANSFER INFORMATION
All transfer information listed on this website and in our brochure is correct at time of going to press. Transfer details may be subject to change at any time.
12. SPECIAL REQUESTS
Special requests (e,g, ground floor accommodation 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 endeavors to fulfill such requests. The granting of such requests is the sole responsibility of the relevant supplier. No liability shall attach to the organiser for failure to comply with a special request and such requests do not form part of a contract.
13. PRICE VARIATION.
All prices quoted are stated in Euros and are based on tariffs and exchange rates current and
appropriate at the time of publication. If any of these vary the cost of the holiday may increase or
decrease accordingly. Any such increase/decrease must be paid for or refunded to the
consumer. However no variation shall be applied where their combined effect would result in an
increased/decrease of less than 5% of the cost of the holiday. During the period of twenty days prior to departure date the price specified in the contract shall not be increased by the organiser. The circumstance in which the price may be varied shall only be to allow for changes in
a) transport costs including the costs of fuel
b) dues, taxes or fees chargeable for services such as landing taxes or embarkation or
disembarkation fees at ports and airports, or
c) the exchange rates which apply to the particular package.
14. ALTERATION BY THE CONSUMER
If after the acceptance by the Organiser a Consumer wishes to alter the holiday. The Organiser may do so at its discretion if practicable. A request for alteration must be made by the Consumer in writing to the retailer (who shall forward same to the Organiser) or, where the booking has been made directly with the Organiser to the Organiser and must be accompanied by a payment of which is not refundable. If the alteration is impracticable the original holiday arrangement shall continue to apply. No alteration by the Consumer shall be effective until such time as the Organiser issues written confirmation of acceptance of such alteration and the contract between the Organiser and the Consumer shall be thereby amended to include such alteration. If only some of the Consumers booking request a change, which is found to be practicable, a price adjustment for all Consumer’s on the same booking may be payable and must be discharged on the date shown in the Organiser’s written confirmation of such change If default is made by the Consumer in complying with the foregoing requirements, the Organiser shall have the right to cancel the holiday in accordance with clause 9 and the cancellation charges as provided for in clause 9 are payable by the consumer. Once travel has commenced, no changes or alterations may be made by the Consumer and no refunds shall be made in respect of flights or other travel arrangements, which are not availed of.
15 ALTERATIONS AND CANCELLATIONS BY THE ORGANISER
(a) Without prejudice to the Consumer’s statuary rights, the Organiser reserves the right to alter, change, curtail or cancel a holiday.
(b) If as a consequence of “force majeure” (as defined in sub-paragraph (1) 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) (i) 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 return, or a change of resort or in the type of accommodation offered, or some other
change which fundamentally alters the holiday, the consumer shall be entitled to withdraw
from the contract without penalty or to accept the alteration to the contract.
(ii) The consumer shall inform the organiser or the retailer (as appropriate, in light of the
organiser’s instructions) of his decision to accept the alteration to the contract or to withdraw
from the contract, in writing within 7 days from the date upon which the consumer was
notified of a circumstance falling within clause 15 (d)(i) Where the consumer confirms
acceptance of the alteration to the contract, the contract between the organiser and the
customer shall thereby be amended to include such alteration.
(iii) Where the customer withdraws from the contract pursuant to clause 15 (d) (i) or where the
organiser for any reason other than the prior to departure the consumer is entitled
(a) 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 as may be offered by the
organiser, or
(b) 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, as may be offered by the organiser;
(c) to have repaid as soon as possible all monies paid under contract.
(iv) In the event that the offer of an alternative holiday is not accepted by the consumer in
writing within such time as shall be determined by the organiser from the date of the offer
of the alternative holiday the organiser shall assume that the consumer has declined such
offer and the consumer shall only be entitled to return of payment made.
(d) Further, where the organiser cancels, alters, changes or curtails the holiday as contemplated in clause 15(c) (i) the consumer shall be entitled to receive compensation in accordance with the scale set out in this sub-paragraph. No compensation shall be payable where the alteration is for the reasons referred to in clause 15(b) or where the consumer accepts the alteration as provided for in clause 15(c)(ii).
(e) In this booking form the term ‘’force majeure’’ means unusual and unforeseeable circumstances beyond the control of the organiser the retailer or other suppliers of services, the consequences of which could not have been avoided even if all due care has been exercised even which the organiser, the retailer or the supplier of services even with all due care could not foresee or forecall, including 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, civil commotion, excerise of legisative,mechanical breakdown,shortage of fuel, insolvency or default of any carrier or service connected with a holiday,fraud perpetrated against the organiser or any other reason beyond the control of the organiser.
16. Accommodation on request
Where accommodation is on request additional administration charge will be payable by the Consumer. This charge will be credited to the cost of the holiday once the 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.
17 INSURANCE
THE CONSUMER’S ATTENTION IS DRAWN TO THE EXCLUSION CLAUSES AND EXCESSES IN THE INSURANCE POLICY ARRANGED BY THE ORGANISER.
It is a condition of this contract that the consumer is covered either by the travel insurance scheme arranged by the organiser or covered by another travel insurance scheme which furnishes the consumer with at least the same level of cover as that offered by the travel scheme arranged by the organiser.In the event that the Consumer does not avail of the Orgainser's travel insurance scheme he must furnish details of the alternative travel insurance scheme which he has arranged at the time of booking. It is the responsibility of the Consumer to check that the insurance scheme provides the Consumer with his desired level of cover. In so arranging insurance cover for the Consumer the Organiser is acting as the agent of the relevant insurer and shall not be responsible to the Consumer for any default by the insurer under that policy. All claims made against the insurance policy shall be made directly to the insurer. The Consumer shall be responsible for making any special or increased insurance arrangements which he deems necessary.
The organiser reserves the right to levy an administration charge in respect of any additional work or expenditure incurred by the Organiser in assessing the adequacy of the cover afforded by the
alternative travel insurance scheme being taken out by the consumer.
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