In this Booking Form the word 'Organiser' means the person who arranges your transport, accommodation etc., and who offers it as a holiday. 'Consumer' means you, the person who buys or agrees to buy the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the Booking Form or any other person to whom you transfer a holiday, which you have bought.

1. THE CONTRACT
a) No contract shall arise until the Organiser has received this completed Booking Form together with a deposit or full payment for the holiday and has issued written confirmation of its acceptance to the Consumer. The terms of contract are contained solely in this booking form, the Organiser's confirmation, the Organiser's Brochure or other descriptive material, any airline or sailing ticket issued and the itinerary issued by the Organiser.

b) The Organiser reserves the right to terminate this contract if the behaviour or conduct of a Consumer either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in his company or that of the Consumer himself.

2. DISABLED PERSONS
It shall be the Consumer's responsibility to disclose to the Organiser prior to booking any physical or mental condition of a member of his party, which may be relevant. The Organiser reserves the right to decline or 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. PAYMENT
The holiday must be paid for in full at least 8 weeks before the scheduled date of departure. 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 the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser) the above cancellation charges are payable by the Consumer.

4. SUBSTITUTION

a) Where the Consumer is prevented from proceeding with the holiday, he may transfer his booking, having first given the Organiser reasonable notice in writing of his intention to do so before the departure date. The transferee from the Consumer must sign a Booking Form and comply with any other requirements of the Organiser applicable to the holiday.
b) A Consumer who transfers a holiday booking shall be jointly and severally liable with the transferee to the Organiser for payment of any balance due in respect of the holiday and for a substitution fee of € per person substituted, subject to a maximum of € per person substituted, subject to a maximum of € per booking (or such other greater sum as may be authorised).

5. ALTERATION BY CONSUMER
A request for alteration must be in writing and must be accompanied by a payment of € per booking before ticketing and € after ticketing, which payment is not refundable. If the alteration is impractable the original holiday arrangement shall continue to apply. If only some of the Consumers booked request a change, which is found to be practicable, a price adjustment for all Consumers on the same booking may be payable and must be discharged on the date shown in the Organiser's written confirmation of such change. If the Consumer in complying with the foregoing requirements makes default, the Organiser shall have the rights referred to in clause 3.

6. SPECIAL REQUESTS
Special requests (e.g. porthole, adjacent cabins, adjacent accommodation) shall be communicated by the Consumer in writing to the Organiser at the time of making the booking. The Organiser shall use reasonable endeavour to fulfil such requests. The Organiser shall only be obliged to provide services in accordance with special requests where it specifically commits itself in writing to do so. No liability shall attach to the Organiser for failure to comply with a special request, which has not been confirmed by it in writing.

7. ALTERATIONS BY THE ORGANISER
a) The Organiser reserves the right to alter, change, curtail or cancel a holiday.

b) If as a consequence of ‘force majeure' (as hereinafter defined in sub-paragraph (f) of this clause), the Organiser is obliged to curtail, alter, extend or cancel a holiday, the Consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment alteration, extension or cancellation of the holiday.

c) A minimum number of bookings are required for a programme of holidays. The Organiser's obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that minimum number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfer by consumers or otherwise, the Organiser shall be entitled to cancel or curtail the relevant programme at any time up to 4 weeks prior to the departure date and the Consumer shall not be entitled to make a claim for loss arising as a consequence of cancellation for curtailment in these circumstances. The Organiser shall notify the Consumer within seven days of any cancellation or curtailment necessitated by the foregoing circumstances.

d) If prior to the departure date there is a cancellation, alteration, change or curtailment relating to a holiday, which results in more than 18 hours change in the time of departure, or a change of resort or in the type of accommodation offered, or some other change which fundamentally alters the holiday, the Organiser shall, if practicable, offer an alternative comparable holiday of at least similar standard or shall refund the Consumer all monies paid. Unless within seven days of issue of the offer of an alternative holiday it is accepted by the Consumer in writing, the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of payments made.

e) Where the Organiser makes an alteration in the holiday as contemplated in sub-paragraph (d) of this clause the Consumer shall be entitled to receive compensation in accordance with the scale set out in this paragraph. No compensation shall be payable where the alteration is for the reasons referred to in sub-paragraph (b) or (c) of this clause or where the Consumer accepts the alteration as provided for in clause (d).

f) In this Booking Form, the terms ‘force majeure' means 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, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.

8. INSURANCE
Is included in the package price (14 nights +) of all our mobile homes, holiday homes and apartment holidays for 4 persons (excluding accommodation only). It is a condition of all passengers travelling to take out our special holiday insurance or arrange and provide proof of another policy that provides them with as much or more cover. Should you wish not to avail of our insurance policy, deduct € per party.

The consumer 's attention is drawn to the exclusion clauses and excesses in the insurance policy arranged by the Organiser.

9. PRICE VARIATION
All prices quoted are stated in Irish pounds 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 by or refunded to the Consumer, however no variations shall be applied where their combined effect would result in an increase/decrease of less than 2% of the cost of the holiday. During the period of twenty days prior to departure date, the price stated in the brochure shall not be increased. "The circumstances in which the price may be varied shall only be to allow for changes in: a) transport costs, including the cost of fuel; b) dues, taxes or disembarkation fees at ports and airports, or c) the exchange rates which apply to the particular package."

10. 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:

(i)the failures which occurs in the performance of the contract are attributable to the Consumer;
(ii) such failures are attributable to a third party unconnected with the provision of these services contracted for, and are unforeseeable or unavoidable; or
(iii) such failures are due to:(a) unusual and unforeseeable circumstances beyond the control of the Organiser, the Retailer acting on his behalf or other supplier of services, the consequences of which could not have been avoided if all due care had been exercised; or(b) an event which the Organiser, the Retailer acting on his behalf or the supplier of services, even with all due care, could not foresee or forestall. 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 Package to the adult concerned and in the case of a minor an amount equal to the inclusive price of the Package to the minor concerned. 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 of 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.

11. DEFAULT BY THE CONSUMER
a) The consumer shall check all travel documentation immediately that it is furnished to him. If the Consumer considers any document is incorrect or has a query in relation to its contents, he shall forthwith notify the 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 designed 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 the regulation of carriers and executive authority with regard to the weight, type and contents of baggage, which he may take on board the craft/and, or vehicles, which will be used in connection with the holidays. The Consumer shall be responsible for ascertaining any limitation, 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 a 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.

12. COMPLAINTS
a) If the Consumer wishes to make a complaint in relation to a holiday, he must immediately inform the organiser's representative at the location where the Consumer is when the complaint arises and shall if the Organiser requires, complete a form setting out the detail of the Consumer's complaint. If the consumer fails to comply with such requirements, the organiser shall be entitled to recover the cost from the Consumer of any additional expense incurred by it in carrying out subsequent investigation of a complaint, which is found to be unjustified.

b) 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.

c) Any dispute, or difference of any kind, whatsoever which arises, or occurs, between any of the parties hereto in relation to any thing or matter arising under, out of, or in connection with, this contract and or holiday connected with this contract shall be referred to Arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators - Irish Branch (Details of the said Arbitration Scheme are set out below). Alternatively, claims for less than the jurisdiction of the District Court small claims procedure per booking form may be pursued through the Small Claims Court. All claims in excess of the jurisdiction of the District Court small claims procedure shall be referred to Arbitration.

13. IMPORTANT
a) All campsites have their own rules and regulations which all clients must obey, a copy of which is available from us on request. On signing the Kel-Air Campotel booking form you are agreeing to abide by these regulations. Failure to do so may result in expulsion from the site, with no refund of any kind, nor shall Kel-Air Campotel be responsible to provide any alternative accommodation. b)GOOD HOUSEKEEPING DEPOSIT
Mobiles Homes/Holiday Homes €, Mobile Homes in Spain € approx., Apartments €/€ approx., Hotel nil. This amount is collected on your arrival and is held as an indemnity deposit against the safe, clean return of the accommodation. Where it is necessary to engage a cleaning service at the termination of your holiday home/mobile home holiday (Kel-Air Campotel accommodation) the following charges will be made and deducted from your deposit. First hour 20€, 10 € for each additional hour. Failure to do so will result in forfeiting in full or in part. Refund is at the discretion of the courier or apartment manager.

c) HOTEL RESERVATIONS:
Kindly allow 28 days for confirmation of this service. Regrettably, we cannot accept reservations within four weeks of departure date. d) HOLIDAY TAX:
A holiday tax has been introduced by some civil authorities in France. The charges are approx. 30c/€0.30 at a hotel/apartment.

ARBITRATION ARRANGED BY THE CHARTERED INSTITUTE OF ARBITRATORS - IRISH BRANCH ON BEHALF OF TOUR OPERATOR (Organiser) MEMBERS OF THE I.T.A.A. (as defined in Section 3 of the Package Holidays and Travel Trade Act, 1995). * Administered under the Rules of the Chartered Institute of Arbitrators - Irish Branch.

INTRODUCTION
Most problems related to a holiday are resolved by informal discussions directly between the Organiser/Retailer and the Consumer. Where agreement is not possible, the matter is then to be referred to Arbitration.

DEFINITIONS
Arbitration is the settlement of a dispute by an impartial Arbitrator. Arbitration is a private dispute resolution procedure and is a legally binding means of resolving such matter. An Arbitration Agreement is an agreement to refer a dispute to arbitration, usually in the form of an Arbitration Clause as included in the standard booking conditions of the Organiser. A Submission to arbitration is called a Reference and the decision of an arbitrator is an Award.

APPOINTMENT OF AN ARBITRATOR
If there is a dispute which cannot be mutually agreed, either party may apply directly to the Institute at 8 Merrion Square, Dublin 2, for the form Request for Appointment of Arbitrator. This form sets out the information to be submitted: names and addresses of the parties concerned, copies of the booking form and conditions (including the arbitration clause), details of any legal or other people who are to represent the parties in the arbitration and an administration fee is payable, details of which are available from the institute. For claims involving personal injury, a separate form is required to be completed and a different fee applies, full details are available from the Institute. This form refers to the Institute's Arbitration Rules which will apply to the arbitration and which are briefly summarised as follows (copies of the Rules and the accompanying Guidance Notes on Arbitration are available from the Institute for a fee, details of which are available from the institute).

PROCEDURE
Once an Arbitrator has been appointed he is in complete charge of the reference, deciding the procedure as he considers best, and the Institute's Rules deliberately give him this flexibility.

QUESTIONNAIRE FORM
In this scheme, The Arbitrator will first send out a detailed from for completion by both parties. This will provide him with the details of the actual dispute so he can decide when and where to hold a hearing with both parties to present their cases.

HEARING
While an award may be made by an arbitrator based on the documentary evidence sent to him by the parties, it is open to both parties to present their case to him at an informal hearing.

AWARD
The Arbitrator's decision is made formally in his Award, which is sent to both parties. The Award is a final and binding resolution of the dispute.

* As defined in Section 3 of the Package Holidays and Travel Trade Act, 1995