Breakaway’s Disneyland Paris Terms and Conditions.
During the Covid-19 crisis we have provided temporary booking terms and conditions to provide added flexibility. To view the updated Breakaway Policy for Disneyland Paris bookings click on the link below
BOOK WITH CONFIDENCE
– We have a low deposit of €50pp
– Your trip is refundable until 7 days prior to travel, except a €10pp admin fee
– No change fees, if you have to change there is no charge, you’ll get refunded if the package is less and you can pay the balance if the package is more.
Important Disney’s enhancement programme.
To continue improving guest experience, Disneyland Paris is launching an unprecedented multi-year renovation program. The refurbishment work will be staged to ensure that as many of our attractions as possible remain open. In addition, Disney are as committed as ever to provide Guests with the best possible visit in our parks and so they are investing and innovating to enrich your experience. Examples of this, depending on the season will include Swing into Spring, Frozen Summer Fun, Jedi Academy, new content for Halloween and our ever popular Christmas celebrations..
Please click here to view Disney’s attractions closures. Please note that these closures are subject to change.
Pool Closures. The swimming pools are closed for maintenance on various dates. This will be notified to you either at the time of booking or when announced by Disney, or you can also check with our reservations team.
BREAKAWAY’S DISNEYLAND PARIS TERMS AND CONDITIONS OF SALE
Breakaway and Euro Disney Vacances hereby reserves the right to make changes to the particulars contained in the brochure or on the Breakaway.ie website or any other websites operated by Neenan Travel and Breakaway. Such changes will be communicated to the client before a contract is entered into or before the client’s departure. However, certain attractions, restaurants, shops and shows operate on a seasonal basis and may be closed, delayed or cancelled without notice. Bookings of holiday packages or separate services with us are subject to your complete acceptance without reservation of the following booking terms, as well as of all instructions or notices set forth in our brochure, on our websites (the Websites) or on travel documents. The following booking terms also apply to bookings made and paid on-line via the Websites.
Tour operator (except in relation with part III Transportation Services)
Breakaway are part of the Neenan Travel Group with headquarters at 12 South Leinster Street, Dublin 2, Ireland. Company registration number 26065. Government licenced and bonded TA0203. Breakaway are a retailer of travel packages who have entered into a contract with Euro Disney Vacances S.A.S to distribute their packages in Ireland. Euro Disney Vacances S.A.S, SIREN 383 850 278 registered with RCS Meaux; Tour operator license n° LI077 95 0009; financial guarantee supplied by APS (Association Professionnelle de Solidarité du Tourisme), 15 avenue Carnot, 75017 Paris, France; civil and professional liability insurance provided by AXA Corporate Solutions Assurance, 4 rue Jules Lefebvre, 75426 Paris Cedex 09, France.
We endeavour to ensure that the details of all products, including prices, displayed on our websites are accurate. However, given the high volume of hotels and other products offered it is inevitable that, in exceptional cases, mistakes will arise. We cannot accept liability for these errors. This is because the information which you are shown is being transmitted effectively live from the relevant travel provider’s IT system.
Notwithstanding the above, in cases where details other than price are materially incorrect we will offer you the choice of continuing with your booking or cancelling with a full refund of money paid on that booking only.
Where inaccuracies relate to the understatement of the price of a specific product you will be offered either a full refund of money paid on that booking only or the opportunity to maintain that booking on receipt of the additional payment which is necessary.
I – BOOKINGS OF HOLIDAY PACKAGES
I.1 SPECIFIC SALES CONDITIONS
The Disneyland Paris Terms and conditions provided for under this Section I apply to bookings of:
- pre-determined holiday packages and additional services thereto;
- customised holiday packages;
A holiday package is the combination of accommodation with at least one other service among (i) another holiday service and/or (ii) transportation*, on condition that they are booked at the same time.
Article 1 – Formation of contract
1.1 Reservations may be made by telephone with our Central Reservation Office. Some services may also be booked on-line at www.Breakaway.ie or other websites operated by Neenan Travel and Breakaway. For bookings made by telephone: your order is confirmed once you have been communicated a reservation number.
By Internet: our contract is formed once you have clicked on the button for “confirm your order” at the end of the booking process and declared that you have accepted the terms and conditions applicable to the conditions of Sale.
A confirmation invoice will be sent to confirm your booking from Breakaway.ie to reconfirm your reservation as soon as possible. Since Disneyland Paris hotel reservations deal in real time there may be an instance where the offer/hotel has become unavailable, in which case you will be offerred an alternative option the following working day. The terms of the contract between the consumer and Breakaway are contained solely in these booking conditions, the Breakaway confirmation, the Breakaway 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 Breakaway.
1.2 Disney Hotels: Minors under 18 years of age are not permitted to stay in Disneyland Paris Hotels unsupervised, at least one adult in required per booking. Disney Park: Minors under 12 years of age are not allowed to enter the Disneyland Parks unsupervised and must be accompanied by at least one person over 12 years of age.
Article 2 – Reservations
2.1 Reservations of holiday packages (without transportation*) may be made up to 11:00 a.m GMTon the day prior the intended date of arrival.
2.2 Reservations for holiday packages inclusive of transportation* may be made up to seven (7) days before departure date, unless specified otherwise.
2.3 After we receive full payment of your booking, travel documents will be sent or emailed to your designated email address or, as the case may be, to your travel agents, who will be liable to hand/pass them over to you. You are requested to inform us should you or your travel agent not have received the travel documents, together with all necessary information relating to your travel, within six (6) days prior to your date of departure. If the travel documents can not be sent to your home or your travel agent or if you or your travel agent fail to inform us in due time that the travel documents have not been received, we reserve the right to charge a fee for issuing and sending duplicate documents.
Article 3 – Prices – Alteration of prices by Breakaway and Euro Disney Vacances
3.1 Breakaway and Euro Disney Vacances reserves the right to amend its prices at any time before you book your holiday and you will be advised of the total cost prior to booking.
3.2 Prices have been determined on the basis of the existing economic conditions on the date of establishment of the prices and are subject to changes even after you have booked your holiday in line with any fluctuations in tax and fees relating to the services, transportation cost or to account for any exchange rate fluctuations levied on your holiday. We reserve the right to alter the total amount of your booking by applying the relevant fluctuation rate. You may therefore elect to cancel or confirm your reservation. However, Breakaway and Euro Disney Vacances will not make any such increases within thirty (30) days of your arrival date or, if transportation* is included, within thirty (30) days of your departure date.
3.3 The price of your holiday package includes:
- Accommodation as detailed on the booking confirmation letter.
- Entrance pass to the Disneyland® Park and/or Walt Disney Studios® Park, which, unless specified otherwise, are valid for the duration of your holiday from your arrival date until your departure date and only during the opening hours of the Parks. If you decide to extend your holiday, the entrance pass will no longer be valid and you will have to buy a new one.
- If applicable, transportation* and/or other services as detailed on the confirmation letter.
- All obligatory service charges.
- Local taxes.
- VAT at the rate appropriate at the time of printing.
3.4 Unless specified otherwise, the price of your holiday package does not include:
- Handling fees
- Airport and security taxes, as well as passenger fees.
- Holiday/cancellation insurance and premiums for such insurance.
- Supplements for additional room facilities (including supplements for rooms with a view).
- A number of resort and sporting facilities (e.g. golf, tennis).
- Items of personal expenditure.
- Use of additional facilities (e.g. mini-bar, room service, safety deposit box, external telephone calls, etc.).
- Any items not otherwise mentioned in “The price of your holiday package includes” above.
3.5 Prices for children
Prices for children (from 3 to 11 included) exclusively apply where children share a room with one or several adults. Such prices are determined based on the children’s age on the date of their arrival at the Disneyland® Park and/or Walt Disney Studios® Park. Please note that you may be asked for proof of the date of birth of any children in your party. Children under 3 may come without charge.
3.6 Handling fees on your holiday
- For a reservation made on-line via www.Breakaway.ie or other websites operated by Neenan Travel and Breakaway handling fees may apply.
- For a reservation made by telephone via Breakaway’s Central Reservation Office: handling fees may apply.
These handling fees are non-refundable, including in case of cancellation by you.
Article 4 – Payment Arrangements
4.1 Should you make a booking on behalf of a third party, you will be held jointly and severally responsible to us for the total cost of the booking.
4.2 Non Internet Reservations (if you make a reservation directly with us)
Deposit and balance
- A deposit must be paid on bookings made more than 8 weeks before the intended arrival date. The amount of the deposit will be at least 20% of the booking value or €50 per passenger, whichever is the greater amount. In addition, if transportation* and/or insurance is included, the deposit amount may be greater.
- Bookings made more than 8 weeks before the intended arrival date or departure, if transportation* is included, must be paid in full and no later than 8 weeks in advance.
- Bookings made within 8 weeks before the intended arrival date must be paid in full immediately.
Breakaway and Euro Disney Vacances reserves the right to cancel your booking in case of failure to pay your booking on time.
- All payments may be made by credit card (Visa, Eurocard/MasterCard, Debit Card) unless otherwise stated at the time of booking. (A fee of approx. 2.5% may apply for Credit Card payments)
- Bank transfers are accepted. Cheque payment is accepted but not within 4 weeks of travel date.
4.3 Internet Reservations
- Whatever the date on which the reservation is made, all bookings must be paid on-line in full at the time of reservation in Euro by Credit card (Visa, Eurocard/Mastercard, Debit card) unless otherwise stated at the time of booking.
- Any request for modification made in writing or by telephone for a booking initially made via the Internet Site will be considered as due on the day of the said modification request.
4.4 Breakaway and Euro Disney Vacances is not responsible for any costs you may incur on credit card transactions due to currency exchange rate fluctuations or otherwise.
Article 5 – Right to withdraw
We hereby inform you that you do not have a right to withdraw from distance bookings of “accommodation, transport, catering or leisure services”, whether booked together as a holiday package or separately for a specific date or within a specific period.
Article 6 – Altering your booking
(It is not possible to alter a booking that has been specifically detailed as a non refundable or non changeable booking)
Reservations made directly with us on-line via the Website may only be altered by telephone through the Central Reservation Office and such alteration must be confirmed in writing. The following provisions apply for all booking alterations, it being specified that departure dates (if transportation* is included) and/or arrival dates may only be altered once.
6.1 Subject to availability, bookings may be altered subject to service fees under the following conditions and within the following deadlines:
(a) More than sixty (60) days before the arrival date
- Holiday package without transportation*; service fee €100
- Holiday package inclusive of transportation*, booked by telephone via our Central Reservation Office: service fee €100. Some transport providers may not allow alteration of their services or may charge additional fees for changes, details will be notified to you at the time of request to change.
(b) Between sixty (60) days and eight (8) days before the arrival date
- Holiday package without transportation*;
Exchange for an equal or higher value package; service fee €100
Exchange for a lower value package; service fee €175 and cancellation fees as detailed in section I-8 will be charged on the difference in price between the two package values.
- Holiday package inclusive of transportation*, booked by telephone via our Central Reservation Office:
Exchange for an equal or higher value package; service fee €100
Exchange for a lower value package; service fee €175 and cancellation fees as detailed in section I-8 will be charged on the difference in price between the two package values.
Some transport providers may not allow alteration of their services or may charge additional fees for changes, details will be notified to you at the time of request to change.
(c) Within seven (7) days before the arrival date.
Treated as a booking cancellation with the application of cancellation fees as detailed in section I-8.
6.2 Alterations in other cases may be performed subject to availability and to the following conditions:
An exchange of package is deemed to occur in the event of:
- a modification of the number of persons sharing the same hotel room,
- an extension or reduction of the duration of stay,
- a change of hotel,
- a change of room type.
The price of your holiday may increase as a result of any changes you request and which Breakaway and Euro Disney Vacances accepts. You will be invoiced the appropriate supplementary amount which must be paid immediately.
6.3 Any alteration not made within the deadlines indicated above or any other alteration you request to your booking will be considered as a cancellation and subject to cancellation fees in accordance with clause I-8. In particular, we are unable to accept requests for alterations to your booking made on the day of your arrival or, where transportation* is included in your booking, on the day of your departure.
6.4 When altering packages which includes transportation*, transport tickets to be modified must be sent back to us as soon as possible at the following address: Breakaway, 12 South Leinster Street, Dublin 2, Ireland.
Article 7 – Transfer of bookings
Prior to the commencement of your holiday, you (or a member of your party) may transfer your booking to another person, subject to service charges which will be notified at the time of request, on condition that such person meets all requirements under the contract. Please contact us or your travel agent as soon as possible and in any event no later than seven (7) days prior to your departure date by registered letter with acknowledgement of receipt to be sent to the address specified in clause I-1.2 with the following indications:
- your name and address
- name and address of the other person your booking is transferred to
- dates and length of holiday
- reservation number and a copy of Breakaway’s confirmation invoice
Upon receipt of said registered letter, a confirmation of reservation will be sent to the person to whom the booking is transferred. You will still be jointly and severally liable with that other person to pay us the price of your holiday and any further amounts resulting from the transfer (e.g. cost of cancellation of already issued transport tickets or costs of re-issuance of transport tickets, postal fees, etc.). Please note that the insurance contract presented in our brochure, as well as transportation services provided in personal name, to which you may have subscribed are not transferable to another person.
Article 8 – Cancellation by you
When booking directly through us, reservations made on-line via the Website may not be cancelled on the said Website.
8.1 All cancellations must be made in writing or email. The date of postmark or email notification will be used as a reference for the determination of applicable cancellation charges.
The cancellation charges detailed below will apply to partial or total cancellation of a booking:
Prior to 61 days of departure – loss of deposit or 20% of the holiday value, whichever is the highest amount.
60– 8 days prior to departure – 50%
7 – 3 days prior to departure – 90%
2- 0 days prior to departure – 100%
100% cancellation fee applies to flight costs once tickets have been issued. Package not allowing refunds or exchange once booked 100%.
8.2 The cancellation charges detailed under 8.1 above will apply to already postponed bookings.
In case of partial cancellation of additional services, the cancellation charges set forth under article 8.1 apply to the amount of said cancelled additional services and not to the total amount of the booking.
8.3 In the event of a cancellation by you, you remain liable to pay any handling fees applicable.
8.4 When cancelling packages which include transportation*, unused transportation tickets must be sent back to us as soon as possible at the following address: Breakaway, 12 South Leinster Street, Dublin 2, Ireland.
Where applicable, the cancellation charges will be deducted from amounts already paid upon receipt of the transportation tickets. Charges which may remain payable must be immediately paid in full.
Article 9 – Insurance
We have arranged for you an insurance cover to protect you, which you can purchase at the time of booking. We highly recommend you purchase travel insurance for all people travelling . Such contract for insurance cover is with an Irish insurance company, Accident & General. Please see details of such insurance cover in the brochure. The insurance cover must be requested at the time of booking your holiday and the insurance premium must be paid immediately along with the full payment of your holiday. We hereby inform you that the right to withdraw does not apply to travel and baggage insurance policies subscribed through a distance booking. Insurance contract is not transferable. Insurance premiums are not refundable. Children under 3 years old are protected under such insurance provided that such insurance cover has been taken out by the adults accompanying such children.
Article 10 – Transportation*
- In case of damages or claims of all natures, the liability of carriers featured in our brochure, including air carriers, and the liability of their representatives, agents and employees, is limited to the transportation of passengers and their baggage exclusively as specified in their travel terms and conditions, an extract of which may be displayed on your travel documents.
- Unused travel documents, whether outbound or return, are non-refundable. The same applies in case of theft or loss of tickets in case you are obliged to buy replacement tickets at your own expense.
- In case of force majeure, the carrier reserves the right to carry clients by any other transport means of its choice with proper care, without this incurring any right of compensation for concerned passengers.
- Notice: schedules and vehicle types are featured in the brochure for indicative purposes only and they are subject to changes before a contract is entered into. They can not be considered as part of the transport contract and may not incur any liability on the part of the carrier or Breakaway and Euro Disney Vacances.
- For reasons beyond our control, a change of airport may occur in Paris (Roissy CDG or Orly). Thus, our company may not be held responsible for any cost resulting from such change.
- Breakaway and Euro Disney Vacances may not be held responsible for your failure to check-in at the point of departure of your holiday resulting from a delay in a pre-trip, whether by air, train or road, that was not organised by Breakaway and Euro Disney Vacances.
- Breakaway and Euro Disney Vacances may not be held responsible for your failure to check-in resulting from your failure to present the identification and/or sanitary documents that are required for your journey. In such event, 100% (one hundred percent) of the amount of your booking including transportation* will be withheld.
Article 11 – Interruption of holiday and unused services
No reimbursements will be issued for any part of the holiday or travel arrangement that is interrupted, or any add-ons that could not be used by the party due to events beyond our control.
Article 12 – Liability
Breakaway and Euro Disney Vacances is responsible for the full execution of the obligations resulting from its contract with you, whether such obligations are performed by itself or by other service providers, without prejudice to its right of recourse against such service providers. However, Breakaway and Euro Disney Vacances can be exonerated from all responsibility by supplying proof that the non-performance or bad performance of the contract is either due to something done by you or something that was unforeseeable and insurmountable or the result of third party act or omission or was due to an event of force majeure.
Article 13 – Complaints
Any complaint or dissatisfaction you may have with any aspects of your holiday should be reported immediately to the manager of your hotel or other service producer at the first available opportunity to enable Breakaway and Euro Disney Vacances to remedy the situation as rapidly as possible. Without prejudice to any right of recourse, you may address any complaint or dissatisfaction that could not be reported immediately or that were not remedied in a satisfactory manner to Breakaway, 12 South Leinster Street, Dublin 2, Ireland detailing your concern within one (1) month of the end of your holiday. The date of your stay at Disneyland® Paris and your booking number must be clearly indicated in your correspondence.
Article 14 – Property rights
You will not acquire any property right nor any right of use of the names, signs, emblems, logos, trademarks, any other signs, other authors’ rights, industrial or intellectual property rights, belonging to Breakaway, Euro Disney SCA, Disney Enterprises Inc. or any one of their subsidiaries or affiliated companies.
You agree that you will not include our services in any package or group of services and, in particular, you will not offer any of our services as part of any “give-away”, premium or lottery.
Article 15 – Personal information
You have a right to access, to rectify, and to request removal of personal data held about yourself.
This right can be exercised by writing to us at the following address, indicating your full name and address: Breakaway, Marketing Department, 12 South Leinster Street, Dublin 2, Ireland.
Article 16 – Applicable Law Settlement of Disputes
Relationship between Breakaway and its clients are governed by Irish Law. The relationship between Euro Disney Vacances and its guests are governed by French law.
I.2 GENERAL CONDITIONS OF SALE
It shall be the Consumer’s responsibility to disclose prior to booking to Breakaway any physical or mental condition of a member of his party which may be relevant and no liability shall attach to Breakaway 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 Breakaway where the booking has been made directly with Breakaway. Breakaway reserves the right to decline to provide a holiday for a disabled person where in Breakaway’s opinion that holiday would be inconsistent with the special needs of a disabled person.
Delivery of documents
All documents (including invoices / tickets / insurance policies) will be sent to you by email unless otherwise requested. If tickets or other documents need to be reissued all related costs must be paid by you. You can elect to collect your travel documents from our offices or for delivery by other means subject to payment of an additional charge.
Passports, Visas and Health
We can provide, upon request, general information about the passport and visa requirements for your trip. 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. Neither we, nor the Travel Provider, 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. Please take special note that for all air travel within Ireland airlines require photographic identification of a specific type. Please ask us for full details or check the carriers website. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.
The Consumers responsibilities
(a) The Consumer shall check all travel documentation immediately it is furnished to him/her. 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 Breakaway of his concern and Breakaway 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 carrier 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 Breakaway’s staff or any crew member of carrier’s craft or vehicle used in connection with the holiday and hereby agrees to indemnify Breakaway 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 Breakaway for any costs incurred by Breakaway 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.
Special requests (e.g. ground floor accommodation, adjoining rooms etc) shall be communicated by the consumer in writing to Breakaway or retailer at the time of making the any booking. Breakaway shall use reasonable endeavours to fulfil such requests.
The granting of such requests is the sole responsibility of the relevant supplier. No liability shall attach to Breakaway for failure to comply with a special request and such requests do not form part of a contract.
Alterations by Breakaway
Without prejudice to the Consumer’s statutory rights, Breakaway reserves the right to alter, change, curtail or cancel a holiday.
(a) If as a consequence of “force majeure” (as defined in sub-paragraph (d) of this clause) Breakaway 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.
(b) (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 Breakaway or the retailer (as appropriate, in light of the Breakaway’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 (b)(i)
(iii) Where the consumer confirms acceptance of the alteration to the contract, the contract between Breakaway and the customer shall thereby be amended to include such alteration.
(iv) Where the customer withdraws from the contract pursuant to clause (i) prior to departure the consumer is entitled
- (iv – a) to take a replacement package of equivalent or superior quality if Breakaway (whether directly or through a retailer) is able to offer such a replacement , or
- (iv – b) to take a replacement package of lower quality if Breakaway is able to offer such a replacement and to recover from Breakaway the difference in price between that of the package purchased and the replacement package, as may be offered by Breakaway;
- (iv – c) to have repaid as soon as possible all monies paid under contract.
(v) 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 Breakaway from the date of the offer of the alternative holiday Breakaway shall assume that the consumer has declined such offer and the consumer shall only be entitled to return of payment made.
(c) Further, where Breakaway cancels, alters, changes or curtails the holiday as contemplated in clause (b) (i) the consumer shall be entitled to receive compensation in accordance with the scale set out in sub-paragraph “Liability” below. No compensation shall be payable where the alteration is for the reasons referred to in clause (a) or where the consumer accepts the alteration as provided for in clause (b)(ii).
(d) The term ‘’force majeure’’ means unusual and unforeseeable circumstances beyond the control of Breakaway 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 Breakaway, 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, terrorist attacks, civil commotion, exercise of legislative, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service connected with a holiday, fraud perpetrated against Breakaway or any other reason beyond the control of Breakaway.
Breakaway 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 Breakaway or Retailer acting on Breakaway’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;
(c) such failures are due to (i) unusual and unforeseeable circumstances beyond the control of Breakaway, 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 Breakaway, 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 willful misconduct or gross negligence of Breakaway 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. Breakaway’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, Breakaway’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 Breakaway for injury, illness or death, no payment will be made unless the following conditions are complied with
i) the consumer must advise Breakaway in relation to the injury or illness while the consumer is at the resort and must also write to Breakaway within one month 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 Breakaway:
iii) the consumer must co-operate fully with Breakaway to enable Breakaway or its insurers to enforce such rights.
We collect your personal details in order to provide the highest standard of service to you. We take great care with the information provided; taking steps to keep it secure and to ensure it is only used for legitimate purposes. To fullfill these objectives we may share information with other affiliated professionals. The information and other data provided to our office may be used to advise you of products and services we may offer from time to time. You have the right at any time to request a copy of any ‘personal data ’within the meaning of the Data Protection Act 1988 (as amended or re-enacted from time to time) that our office holds about you and to have any inaccuracies in that information corrected).
PART II – BOOKINGS OF SEPARATE EURO DISNEY SERVICES
These conditions apply only to Euro Disney services purchased independently from any holiday packages such as entrance tickets to the Disney® Parks, rooms only; shows, dinner shows and special events (“Separate Services”).
- When booking with Breakaway and Euro Disney Vacances SAS directly
All our Separate Services may be booked by telephone through our Central Reservation Office; most of them (in particular entrance tickets to the Disney Parks) may also be booked over the Internet at www.Breakaway.ie or any other websites operated by Neenan Travel and Breakaway.
For Separate Services booked by telephone or booked over the Internet:
- we will deliver either electronic-vouchers (“E-Vouchers”) or electronic-tickets (“E-Tickets”) or hard tickets, depending on the nature of the relevant Separate Service;
- unless specified otherwise, orders for E-Voucher or E-Tickets may be placed until 12.00 P.M. (midday) GMT on the day before your anticipated date of use.
Our contractual arrangements for Separate Services will be confirmed to you in writing. Unless otherwise specified on the service description, the number of tickets for any service or product that may be requested per order is limited to 12.
1.2. Formation of Contract
For bookings made by telephone : your order is confirmed once you have been communicated a reservation number.
By Internet: our contract is formed once you have clicked on the button for “confirm your order” and declared that you have read and accepted all the applicable Conditions of Sale without reservation.
However, no contract shall arise until Breakaway has (i) received a completed Booking Form (which has, or a faxed copy has, been signed by the Consumer and by the Retailer as the agent of Breakaway or by Breakaway); (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 Breakaway or to the Consumer. The terms of the contract between the Consumer and Breakaway are contained solely in these booking conditions, the Breakaway confirmation, the Breakaway 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 Breakaway.
1.3. Price – Payment – Reimbursement – Exchange – Cancellation
Separate Services must be paid for in full at the time of ordering, by Visa, Euro Card/Master Card, Laser Card unless otherwise stated at time of booking. Tickets and vouchers for Separate Services remain our property until the amount of the price has cleared to us. Unless otherwise specified, you will not be entitled to a refund for cancellation or to substitute services.
1.4. Right to Withdraw
No right to withdraw applies to distance bookings of “accommodation, transport, catering or leisure services” for a specific date or within a specific period. As a consequence, we hereby inform you that you may not withdraw from the sale of Separate Services.
1.5. Print at Home/Collection
E-tickets and E-Vouchers giving access to the Disney Parks and to some other Separate Services booked on the Website may be printed on your personal printer. E-Tickets give you direct access to the Disney Parks’ turnpikes or to the Separate Services entrance. E-Vouchers must be exchanged against a hard ticket at Disneyland® Paris (exact place indicated in your confirmation email). Clients are required to bring the relevant E-ticket or E-Voucher accompanied with photographic identity papers to access the relevant Parks/Services
- When booking with Breakaway and Euro Disney Vacances SAS through a Travel Agent
Unless specified otherwise, all our Separate Services may be booked by your Travel Agent over the Internet at www.Breakaway.ie. For such bookings of Separate Services by your Travel Agent we will provide you with either E-Vouchers or E-Tickets depending on the nature of the relevant Separate Service. E-Tickets give you direct access to the Separate Services entrance. E-Vouchers must be exchanged for a hard ticket at Disneyland® Paris at the window designated by your Travel Agent. Unless specified otherwise, Separate Services booked by your Travel Agent may be ordered until 12.00 P.M. (midday) GMT on the day before your anticipated date of use.
Our contractual arrangements for Separate Services will be confirmed to your Travel Agent. Unless otherwise specified on the service description, the number of tickets for any service or product that may be requested per order is limited to 12.
2.1 Formation of Contract
By Internet: Our contract is formed once your Travel Agent has clicked on the button for “confirm your order”, whereby your Travel Agent confirms you declare that you have read and accepted all the applicable Conditions of Sale without reservation. However, your order only becomes final after your full payment due to us has cleared.
2.2 Price – Payment – Reimbursement – Exchange – Cancellation
Separate Services must be paid for in full. Passes and tickets for Separate Services remain our property until the amount of the price has cleared to us. In case of default of payment of the full price, said passes and tickets will be cancelled. Unless otherwise specified, you will not be entitled to a refund for cancellation or to substitute services.
2.3 Printing of E-tickets or E-Vouchers
E-tickets and E-Vouchers for Separate Services booked on the Website give access to the Disney Parks and some other Separate Services may be printed on your travel agent’s printer. E-Tickets give you direct access to the Disney Parks’ turnpikes or to the Separate Services entrance. E-Vouchers must be exchanged for a hard ticket at Disneyland® Paris at the window designated by your Travel Agent. Your Travel Agent must provide you with a perfectly printed E-Ticket or E-Voucher, to avoid the risk of refusal. It is your Travel Agent’s and your own responsibility to prevent any deterioration of printed E-Tickets or E-Vouchers. Clients are required to bring the relevant E-Ticket or E-Voucher accompanied with photographic identity papers to access the relevant Parks/Services. It is prohibited to photocopy E-Tickets and E-Vouchers. Any attempt of fraud will be reported to the Travel Agency. Any complaint or dissatisfaction you may have with any aspect of your holiday should be reported immediately to your Travel Agency.
- Customer Service
Our customer service team is at your disposal for any further information. Complaints which arise before or during the provision of the relevant Separate Services must be made known to us as soon as possible so that we can make reasonable efforts to resolve the position where possible/applicable. Without affecting your statutory rights, complaints which cannot be resolved at the time of occurrence or which have not been resolved in a manner which you find satisfactory, must be made known to us in writing within 30 days of the end of your visit, by recorded delivery addressed to Breakaway, Customer Service, 12 South Leinster Street, Dublin 2, Ireland. This letter must state the date on which the Separate Service was provided and the reservation number.
- Property Rights
You will not acquire any property right or any right to use the names, signs, emblems, logos, marks such as “Euro Disney”, “Disneyland”, nor any rights relating to the protected works of Disney Enterprises Inc. whatever the context or the destination may be and in particular with regard to publication or promotional purposes.
You may not include Separate Services as part of any Separate Services, other services, batch or group or services comprising services which are likely in our reasonable opinion to harm the Disney® image. You are not authorized to advertise, use, give or resell our Separate Services or offer to do so for profit or otherwise or use it in connection with a competition, promotion, incentive or reward programme, business, charitable or any other similar venture without our express advance written permission.
We are responsible for the full execution of the obligations resulting from our contract with you. However we can be exonerated from all responsibility by supplying proof that the non-performance or bad performance of the contract is either due to something done by you or something which was unforeseeable and insurmountable or the result of third party act or omission or was due to an event of force majeure (i.e. unexpected events beyond our control).
You have a right of access to, of rectification to, and to suppress personal data held about yourself. This right can be exercised by writing to us at the following address, indicating your full name and address to Breakaway, Marketing Department, 12 South Leinster Street, Dublin 2, Ireland.
- Applicable Law
Our arrangements on Separate Services are subject to Irish law.
THESE TERMS AND CONDITIONS DETAIL THE ENTIRE AGREEMENT WITH US FOR THE PURCHASE OF SERVICES BOOKED AND SHALL APPLY TO THE EXCLUSION OF ALL OTHER CONDITIONS PUBLISHED BY US WHETHER IN A BROCHURE OR ELSEWHERE OR USED BY US IN ANY OTHER CIRCUMSTANCES.
PART III – TRANSPORTATION SERVICES
In the event that you book through us transportation services that are not part of a holiday package, a new contract will be formed between you and the carrier. The carrier’s sales terms and conditions will apply to your contract with such carrier. Where we deem necessary, we may decide to provide you with some of these terms and conditions. The complete terms and conditions will be communicated to you upon request. Our general terms and conditions apply to our intermediary service between you and the carrier. However in case of discrepancies between our general terms and conditions and those of the carrier, the latter shall prevail. The name of the carrier will be communicated to you before you confirm your booking. For reasons relating to the time necessary to issue tickets, the full payment of the transportation services will be required upon booking. Handling fees of € 30 per person will apply and are non-refundable, even in case of cancellation.
- We draw your attention to the fact that the air carrier rebates, whether resulting from a commercial offer or from social benefits, are not cumulative with the packages featured in the brochure.
- Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur amendment fees in addition to any charges applied by the Travel Provider. Please ensure that the names given are the same as in the relevant passport.
- Where air transportation is included in your package, photographic identity papers of each passenger is required at check-in
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