Booking Terms and Conditions

The following represent the Terms and Conditions for use of the website Brightsun.ie the website for Brightsun Travel Europe Ltd herewith known as the company.

Contract with Brightsun Travel Europe Ltd

The conditions herewith cover all bookings with Brightsun Travel Europe Ltd and all of its affiliated brands registered at Regus House, Harcourt Centre, Block 4, Harcourt Road, Dublin, D02 HW77. Brightsun Travel Europe Ltd is the agent for procurement on your behalf of seats from Airlines, rooms from Hotels, service from Tour Operators, and Transfer Companies and rooms in ships from cruise companies.

The Travel Arrangements the Company makes are either as

  • (a) your booking agent where your contract is with the supplier(s), that is Individual Travel Arrangements
    or
  • (b) an Agent of the supplier of pre-arranged “packages” or where the Company is the supplier of pre-arranged “packages” as described below;

The definition of above is as follows :

  • (a) Individual Travel Arrangements: Where the company acting on behalf of the consumer, contracts individual travel arrangements with airlines, accommodation providers, cruise and transfer providers and any other travel related suppliers.
  • (b) "Packages": A package is defined as a pre-arranged trip organised by the Company or a Tour Operator combining flights and accommodation/transfers that are sold at an inclusive price, that is at least 24 hours or includes an overnight stay.

Any booking made by you, whether through the Company's website, telesales, chat, instant messenger, social media platforms or otherwise, shall be deemed as an offer by you to purchase the travel services offered by various suppliers subject to these booking conditions. The Company's will keep to its discretion whether to accept the offer; acceptance shall be deemed to exist if a confirmation invoice is sent by post or electronically by the Company*.

* at least one of the passengers must be aged 18 or over at the time of making the booking.

The company will not be obliged to contracted travel services if payment in the form of a deposit or full payment has been received within the prescribed time. At the time such payment has been made , the company will issue a confirmation invoice. All contracts with the Company and all matters arising from them are subject to Irish law and to the exclusive jurisdiction of Irish courts. The person executing the booking accepts responsibility on behalf of the whole party being booked and becomes responsible for the total  payment or balances due from the remainder of the party.

As the company is acting only as a booking agent, the company does not accept any liability for any illness, personal injury, death or loss of any kind.

Partial Payments

If bookings are eligible for partial payments, the confirmation invoice will show the amount you are liable to pay, and in the event of cancellation, the cancellation fees as set out in Clause 4 below will become effective. In addition our administration fees will also apply Government Taxes may fluctuate during the length of payment cycle. If this happens you will be notified of the additional balance, and a new confirmation invoice will be issued to you.

If you opt to instalment payments, an initial low deposit is taken when you make the booking, Thereafter you accept responsibility for making timely payments as per confirmation invoice.

If you are unable to make the balance payments, the company will have full authority to cancel your booking and the cancellation charges set out in Clause 4 below will apply.

In the matter of late payments, the company may add interest payments in relation to the length of time of delayed payment.

Debit/Credit Card payments

A deposit or full payment is required for any travel services booked through the company at the time of booking. In the event that some or all of the services booked by you are unavailable, the Company will make a refund of the amount paid, unless a suitable alternative can be offered. Payment may be made by major cards such as Visa, MasterCard, AmEx, Bank Transfer, and cash in the company's offices as long as Anti Money Laundering o Money  or Visa or Mastercard Debit. The Company will not accept responsibility for cash sent through the post.

Cancellations or changes made by You

Any Changes made by the client will be subject to the supplier charges plus the company’s administration fees If a change to any travel arrangements directly with the supplier ie airline/hotel/transfer/car hire/cruise/tour company, then the company will not be liable for any damages / claims that occur

If you choose to cancel your booking then the cancellation request should where possible be made in writing. The supplier cancellation charges will be applied in addition to the company’s administration fees.

Companies administration Fees

More than 12 weeks before the departure date: € 200 per person.
Within 12-8 weeks of departure: € 250 person.
Within 8-4 weeks: € 300 per person.
Within 4 weeks of departure: 100% Non-Refundable

Note:

Some airline tickets, hotel bookings, cruise bookings, and other services including but not limited to taxi or car rental may be non-refundable regardless of the date OR reason for cancellation.

If you choose voluntarily or involuntarily, not to travel on a flight booked, or check in to the hotel on the first night, then the supplier has full rights to cancel the remainder of the flights / hotel rooms, and you will not have rights for refund unless there have been exceptional circumstances.

Changes by the company

Suppliers that the company uses may change their travel schedules, and hotels may change the descriptions of the rooms booked . In the event that this happens the company will try and notify you as soon as possible. It should be mentioned that the company does not own or operate airlines and other suppliers and cannot control or prevent changes and differences to descriptions provided. In such cases the company as the agent of the consumer shall do all that is reasonably possible to rectify any changes. The Company reserves the right to change the description of any flight and/or ground service before you book, where such a change has been notified to the company by the supplier.

Individual Travel Arrangements: Although thee under no obligation to do so, the Company will endeavour to notify all changes before departure if it is practicable to do so. No compensation will be paid  by the Company in such cases however the company may acting on behalf of the customer endeavour to obtain compensation or refund should the Company deem such alteration to be a “ major “ change. A major change is one made before departure that involves a difference of more than 12 hours in departure from Ireland, change in your resort region overseas, or a change of accommodation to a lower classification than that booked. A minor change is any other change. Should a minor schedule change occur to your itinerary after full balance/ticket issue, on either the outbound, or return flights the relevant supplier’s decision will be final.

"Packages": Due to circumstances beyond the Company's control, it may be necessary to amend the flights and/or other services which make up a package booking after it has been confirmed. Such changes are considered to be either "major" or "minor" as defined above.

Whilst the Company has the right to make a minor change at any time without notification, major changes will be advised as soon as is practicable offering you the choice of

  • accepting the amendment as notified
  • purchasing another arrangement from the Company with the price difference payable/refundable as appropriate
  • cancelling the arrangement(s).
If you choose (c) all monies paid to the Company for the package will be refunded. In addition, you will receive the compensation listed below, except in cases of "force majeure" or "low bookings", as defined in Clause 6 below. You must inform the Company of your decision as soon as possible after receiving notification (and in any event within 7 days).

Period before scheduled departure within which a major change is notified.

Compensation per person:

  • Over 56 days: NIL
  • 56-29 days €25
  • 28-15 days €40
  • 14 days €50

Note: In all cases the Company's liability is limited to the rates of compensation listed above. No further claims will be accepted for costs or additional expenses incurred as a result.

Cancellation by the Company

Travel arrangements excluding packages: In the unlikely event that a booking has to be cancelled, a full refund will be made of all monies paid to the Company. Amendment fees will not be refunded . No compensation will be made by the company in this case.

Packages: The Company reserves the right to withdraw or cancel the service on offer. If the booking is cancelled before departure for any reason other than non-payment by you then you will be offered the choice of purchasing another arrangement from the Company, with the price difference payable/refundable as appropriate, or of receiving a full refund of all monies paid to the Company. For reasons of "force majeure" compensation will not be paid.

Force Majeure

"Force Majeure": includes war, threat of war, riot, civil disobedience or strife, industrial dispute, terrorist activity, natural or industrial disaster, fire, adverse weather conditions, level of water in rivers, technical or maintenance problems with transfer, unforeseen operational decisions of air carriers such as changes of schedule, or any unforeseeable or unavoidable event beyond the Company's control.

Responsibilities of the Company

Travel arrangements excluding packages: In consideration of the fact that the Company acts only as a booking agent, the Company has no liability whatsoever for any aspect of the arrangements and, in particular, has no liability for any loss, personal injury or death however incurred. Any claim for damages for injury, illness or death arising from your stay in the accommodation, must be brought against the owner of the accommodation and will be under the jurisdiction of the law of the country in which the accommodation is based.

"Packages": If any part of the package you book with the Company is not as described and does not reach a reasonable standard, or if you suffer personal injury, illness or death as a result of any improper performance by the Company of the obligations it owes to you under this contract, the Company will pay you reasonable compensation taking into account all relevant factors including the invoice price of your package, any steps it was reasonable for you to take to minimise the inconvenience/damage suffered and the extent to which the deficiency or improper performance can have affected your enjoyment of the package. However, this acceptance of liabilities is subject to the following three qualifications:-

  • (i) The Company will not be liable to pay you any compensation if the deficiency, personal injury, illness or death concerned does not result from any fault on the part of the Company or its suppliers, but is caused by your own acts and/or omissions, by the acts and/or omissions of a third party (excluding one of the Company's suppliers) or by circumstances which neither the Company nor its suppliers could have anticipated or avoided even exercising all due care.
  • (ii) The Company's liability to compensate you and the amount of compensation payable by the Company is limited in accordance with certain international conventions, the Warsaw Convention as amended the Hague Protocol 1955, the Berne Convention 1962, the Athens Convention 1974 and the Paris Convention 1962. Copies of these conventions are available from the Company upon written request, but 28 days should be allowed for delivery.
  • (iii) It is a condition of the payment of compensation to you pursuant to Clause 8 that you notify the Company of any complaint or claim strictly in accordance with Clause 9 below and, further, assign to the Company any rights you may have against any third party in connection with your claim. You must co-operate with the Company and the Company's insurers in this regard.

If you suffer a personal injury, death or serious difficulties as the result of an activity which does not form part of the package you have booked with the Company, the Company will not be liable to pay you any compensation but will offer you such advice and guidance as is reasonable in all the circumstances and, where appropriate and at the Company's sole discretion, financial assistance up to a limit of €3,175 per confirmation invoice (not per member of your party). Any such financial assistance is for the sole purpose of taking legal proceedings against a third party responsible for your injury, death, or other loss. Assistance must be requested within 90 days of the incident concerned and is repayable to the Company from any monies received from a third party or under any insurance policy.

Nothing in these conditions shall be deemed to exclude or restrict the Company's liability for death or personal injury caused by its negligence.

Your Responsibilities

It shall be your responsibility to disclose to the Company any physical or mental condition of a member of his party which may be relevant. The Company cannot accept liability for the unsuitability of any travel arrangements where the Consumer fails to communicate relevant conditions. The Company reserves the right to decline to provide travel arrangements for a person with special needs where in the Company’s opinion those arrangements would be inconsistent with those special needs.

More information can be found at http://www.aviationreg.ie/consumer-protection/persons-with-reduced-mobility.136.html

You are responsible for checking all travel documentation immediately it is received. If any document is deemed to be incorrect, you need to notify the Company of your concern and the Company shall respond as soon as possible.

Pursuant to Regulation EC261/04 airline passengers are granted new rights including in certain circumstances the right to cancel their flight and receive reimbursement of the cost of the flight from their airline. Full details of these rights will be publicised at EU airports and will also be available from affected airlines. HOWEVER, YOU SHOULD NOTE THAT REIMBURSEMENT OF THE COST OF A FLIGHT THAT FORMS PART OF YOUR PACKAGE IS THE RESPONSIBILITY OF YOUR AIRLINE AND WILL NOT AUTOMATICALLY ENTITLE YOU TO REIMBURSEMENT OF THE COST OF YOUR PACKAGE FROM US, and it will be your own responsibility to make claims under this regulation directly with the Airline concerned.

Complaints

If a problem occurs, whilst you are abroad, you must inform the relevant supplier (e.g. hotel, car rental company, airline) immediately so that the matter can be put right. If the supplier cannot resolve the problem to your satisfaction, at the time, you must also contact the Company's Head Office in writing, so that the Company can rectify the problem. In the event that a complaint cannot be resolved at the time, the company will attempt to reply within 28 days of your complaint being received to resolve the situation.

You have the opportunity to lodge your complaint to European Commission Online Dispute Resolution ('ODR') Platform: You can register your complaint at http://ec.europa.eu/consumers/odr/

Passports, Visas and Health Requirements

Passport validity, visas both for transit and your final destination, and any health requirements checks are the passengers own responsibility. This may include but is not limited to checking that your passport is valid for six months beyond the period of your stay.

Flights

A flight that may be shown as direct, may have fuel stops or be subject to a transit, described as "direct" will not necessarily be non-stop. Your flight itinerary may display the number of stops enroute. Your flight itinerary will also display the departure and arrival times that have been provided by the operating airline Every effort should be made for you to reconfirm the flight up to 24 hours before departure to ensure flight times have not changed due to air traffic control / weather / operational/maintenance requirements. The Company is not liable for changes to your departure or arrival time previously stated in your itinerary or e ticket.

Hotel and other Accommodation

In many destinations accommodation providers are required to collect government taxes locally within the country of stay. In this case, every attempt will be made by the company to provide as much information as possible as to the amount which could be due at the end of your stay. The charges could be based on duration or stay or single stay charge or based on the star category of accommodation that has been booked. The company accepts no liability for these charges. In other accommodation there are limitations as to the age of passengers that the stay will be accepted. For example, you must be at least 21 years of age to check in to Las Vegas hotels. If all-inclusive hotels and resorts have been booked, there may be services and products in which a premium may be charged on arrival. This could include but is not limited to premium drinks, certain dining areas, and water activities such as diving. On occasion there may be repair / renovation work / events such as meetings and weddings that could be taking place within the hotel. If this occurs the company is not responsible for any limitation in facilities.

Insurance

It is strongly encouraged that appropriate travel insurance be booked for all passengers to cover the activities included in your holiday. ng 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. You must read your policy booklet thoroughly and if you are not satisfied with the cover you can apply for a refund with 7 days of purchase. In some cases insurance may not be provided if the destination is on a banned travel list. More information can be found here https://www.dfa.ie/travel/travel-advice/ or https://www.gov.uk/foreign-travel-advice.

Information presented by the company

Pricing and Description Policy All fares displayed on the Company’s websites are for information purposes only and are subject to alteration at any time prior to issue of a confirmation invoice, either due to error on the Company's part or unforeseen fare increases levied by the Travel Service Provider(s) in question. Whilst we have taken every due care and diligence with the production of our website and prices, there may be occasions beyond our control where certain facilities / room types are withdrawn by the accommodation providers. We will not be held responsible if for any reason these facilities / room types are withdrawn. No compensation is payable in the event of withdrawal of any facilities / room types.

In the event of a genuine website error or inaccuracy, we reserve the right to withdraw an offer immediately. The Company reserve the right to cancel all confirmed bookings that are subject to genuine website error or inaccuracy. In the event of such cancellation the Company´s only liability shall be to refund the ticket price paid by the customer.

Once a confirmation invoice has been issued the price shown on that invoice may only vary as outlined below or if you amend your booking (see Clause 4).

Travel arrangements excluding packages: While every effort is made to avoid surcharges or a price increase due to a decrease in numbers travelling as part of a group booking (a group booking is where 10 or more clients arrange to travel together), the right is reserved to pass on any price increase or cancellation fees levied by the suppliers. No surcharge will ever be levied for air tickets after we have received full payment in cleared funds and tickets have been issued.

"Packages": Prices may only be changed to reflect government action, increase in transportation costs (e.g. airfares and cost of fuel), changes in dues and taxes or fees payable for services (e.g. landing taxes or embarkation/disembarkation fees at ports and airports) or to reflect fluctuations in exchange rates. Every attempt is made to present accurate and correct information about the products that we sell including but not limited to flight seats, accommodation, cruise ship cabins etc. On occasion suppliers may change operating equipment, due to Force Majeure or other reasons. In these cases the company does not accept liability for the change but will attempt to recover any compensation in situations where the travel has been affected. This could include, but is not limited to downgrades in airline cabins/ downgraded in accommodation stay, change of transfer vehicles etc. The pictures and descriptions presented has been sent by our suppliers and the company has made every attempt to vet the information provided as correct. 

Name changes and ages of minors

The flight / accommodation / cruise and other travel services booked by the company are exclusively for use by the person(s) named on the itinerary. Name changes / replacements and unauthorised and may result in services not being provided. If name change has occurred the company must be informed and it will attempt to make the changes with the suppliers. However if complete passenger replacements occur then this could result in cancellation charges up to 100%. In addition the ages of the children must be correct on the date of travel. If the infant is deemed to be a child or child deemed to be an adult due to the date of birth indicated on their passport then the supplier is eligible to charge the difference in pricing.   

Bonding

To ensure that you the company is abiding by Irish Law your travel arrangements have been financially protected. More information on this can be found here : https://www.brightsun.ie/financial-protection

By booking with us you acknowledge and agree to the above conditions.