Booking Conditions - Booking Conditions

(Please note that bookings on our service from Ireland West Knock to London Gatwick come under separate terms and conditions, View terms & conditions for flights to London Gatwick)

These Booking Conditions apply to all the holidays and flights described in the Brochure and they deal with your rights and obligations to us and ours to you. We are committed to a policy of fair-trading and make every effort to ensure you will have an enjoyable holiday with us.

Your financial security

XL Holidays, with whom you make a contract when you book, is operated by XL Leisure Group (Ireland) Ltd. We hold Tour Operators Licence Number T.O. 226 issued by the Commission for Aviation Regulation and as a requirement have arranged an approved secured bond. This means that when you book a holiday with us you can be entirely confident that in the unlikely event of our insolvency before or during your holiday, any money you have paid to us is fully secured, and if you are overseas, that full arrangements will be made to repatriate you at the end of your holiday.

1. Definitions

In these Booking Conditions the following words and phrases shall have the following meanings:

Booking Conditions: means the terms and conditions herein contained;
Contract: means the contract to be entered into between the Consumer and the Organiser;
Booking Form: means the booking form attached at clause 18;
Brochure: means any sales, advertising or promotional material published by the Organiser;
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;
Organiser: means the person who arranges your transport, accommodation etc., and who offers it as a holiday;
Retailer: means the person who sells the holiday to the Consumer; he is not responsible for organising the flight, accommodation or other component parts of the holiday.

In this agreement the masculine shall include the feminine, the singular shall include the plural and vice versa.

2. The Contract

No contract shall arise until a Booking Form has been completed and a full deposit, or payment in full in accordance with clause 4, as the case may be, has been paid and the Retailer has received a booking reference number, via their computer system, or the Consumer or its agent has received a booking reference number from the Organiser. The terms of the Contract are contained solely in the Booking Conditions, the Organiser's confirmation, the Brochure, any airline or sailing ticket issued and the itinerary issued by the Organiser.
The Organiser reserves the right to terminate the Contract 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. Where the Contract is cancelled in such cases, normal cancellation charges apply as set out below. If the Consumer's actions or those of any member of its party cause damage to the accommodation in which the Consumer is staying, or cause delay or diversion to any flight or other means of transportation, the Consumer agrees to fully indemnify the Organiser against any claim (including legal costs) made against the Organiser by or on behalf of the owners of such accommodation or the operator of such flight or other means of transportation.
Note: The person making the booking must be over 18 years old. Minimum age: Passengers travelling alone who are under the age of 18 require a letter of consent from a parent or legal guardian. The minimum age of travel permissible for a Consumer travelling alone is 17 years on the day of departure. Letters from accompanying passengers other than parents or legal guardians will not be accepted.

3. Persons with a disability

It shall be the Consumer's responsibility to disclose, prior to booking, to the Organiser any physical or mental condition of a member of the Consumer's party which may be relevant. Where a confirmed booking is made for any person with a disability the Consumer must immediately request and complete a Special Needs Form, which is available upon request from the Organiser. The Consumer must complete and return to the Organiser within 7 days a Special Needs Forms, if one is required.
If special arrangements need to be made for the Consumer or a member of his party an extra charge may have to be levied.
The Organiser shall not be responsible if the Consumer fails to alert the Organiser to any special needs/requirements that will affect the holiday experience and the Consumer will not be at liberty to maintain a claim for compensation or otherwise arising as a result of the failure to fully inform the Organiser of any special needs. In addition, no liability shall attach to the Organiser for the provision of an unsuitable holiday for any person with a disability, or any other special needs, where no completed Special Needs Form has been returned.

4. Payment

The holiday must be paid for in full at least 8 weeks before the scheduled date of departure.
If booking takes place more than 8 weeks before the scheduled date of departure, the Organiser requires payment of a deposit as set out on the Booking Form. The balance of the monies due shall be payable no later than 8 weeks before the scheduled date of departure. If booking takes place less than 8 weeks before the scheduled date of departure the full price of the holiday must be made at the time of making the booking.
Payment may be made by cash, cheque (for payments by cheque payment shall be deemed to be made 5 working days after the receipt by the Organiser of the cheque) or any major credit card acceptable to the Retailer or Organiser, as the case may be.
When bookings are made through the Retailer the Retailer shall hold any payments made to it on behalf of the Consumer until the Contract comes into effect. When the Contract comes into effect any payments made to the Retailer shall be held by it on behalf of the Organiser.
If the payments are not made as per the above arrangements, 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 following cancellation charges are payable by the Consumer: More than 6 weeks before the departure date: any deposit paid shall be forfeited. Within 6 - 4 weeks of departure: 30% of the cost of the holiday is forfeited(or the deposit whichever is higher). Within 4 - 2 weeks of departure: 45% of the cost of the holiday is forfeited. Within 2 weeks - 72 hours of departure: 60% of the cost of the holiday is forfeited. Within 72 hours of departure: 100% of the cost of the holiday is forfeited. All cancellation charges apply to each person covered by a booking. Any insurance premium paid is not refundable.

5. Substitution

Where the Consumer is prevented from proceeding with a holiday the Consumer must notify the Organiser in writing as soon as possible.
The Consumer may where practicable for the Organiser transfer his booking, having given the Organiser or Retailer prior written notice of his intention to do so.
Where a transfer is possible, the transferee of the Consumer must sign a booking form and satisfy all the conditions required to be satisfied by a person who takes the package and must comply with any other reasonable requirements of the Organiser applicable to the package.
Requests for transfer of a booking cannot be accepted within 14 days of the intended date of departure.
The Consumer who transfers a holiday shall be jointly and severally liable with the transferee to the Organiser or Retailer for payment of any balance due in respect of the package and for a standard substitution fee of €50 per person, together with all reasonable costs incurred by the Organiser as a result of the transfer. In some circumstances a higher substitution fee may be charged.

6. Alteration by consumer

If a Consumer wishes to alter a holiday after the booking has been made the Consumer must notify the Organiser in writing as soon as possible. The Organiser may, in its absolute discretion, if practicable, facilitate this change.
Requests for a change to the date of departure or destination cannot be accepted within 14 days of the schedule date of departure. A request for alteration must be in writing and must be accompanied by payment of €25 per person which payment is not refundable.
Alterations can only be accepted on a like for like basis, i.e., a holiday booking can only be altered to another holiday booking of equal cost. For the avoidance of doubt the respective costs of each holiday shall be no less than their respective costs, as published in the Brochure, at the time of the original booking. Furthermore, alterations from one season to another are not possible. For the avoidance of doubt each year contains two seasons: the summer season runs from May to October inclusive; the winter season runs from November to April inclusive. Some Retailers deem April to be part of the summer season and it is the Consumer's responsibility to check at the time of booking into which season their holiday falls.
If the alteration is impracticable the original holiday arrangement shall continue to apply. If some only of the Consumers request an alteration, which is found to be practicable, a price adjustment for all Consumers on the same booking may be payable and, where payable, must be discharged on the date shown on the Organiser's written confirmation of such change.
It is the Consumer's responsibility to ensure that all details on the invoice and tickets are correct. Tickets that have to be re-issued due to change to an initial or due to a spelling error will incur a charge of €25 payable by the Consumer. It is important therefore that all details are checked carefully on receipt of the XL Holidays invoice and before tickets are issued, so as to avoid this charge.
If default is made by the Consumer in complying with the foregoing requirements, the Consumer shall be deemed to have cancelled the holiday and the cancellation charges detailed in clause 4 shall be applicable to such cancellation.
A name change may be made up to 7 days before departure for a fee of €50 per name change. Within 7 days of departure, a request for a name change will be treated as a cancellation and the appropriate cancellation fee will apply.
Requests for changes to all names on a booking will be treated as cancellations and the appropriate cancellation charges will apply.
Where the Organiser is of the reasonable opinion that a request for a name change is in fact a request for a transfer of the booking the provisions of clause 5 shall be applicable.

7. Special requests

Special requests (e.g. ground floor accommodation, sea view, etc.) 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 endeavours to fulfil such requests. No liability shall attach to the Organiser for failure to comply with a special request and such requests do not form part of the Contract. Special requests cannot be processed within 6 weeks of departure.

8. Accommodation on request

Where accommodation is on request an additional administration charge of €25 will be payable by the Consumer. This charge will be credited to the cost of the holiday once a 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 less a €25 administration charge.

9. Alterations by the organiser

The Organiser reserves the right to alter, change, curtail or cancel a holiday.
If as a consequence of force majeure (as hereinafter defined in sub-clause (f) of this clause 9), 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.
The Organiser requires a specific minimum number of bookings to operate a specific package holiday. The Organiser's obligation to provide that package 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 package holiday at any time up to 4 weeks prior to the scheduled date of departure and the Consumer shall not be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Organiser shall notify the Consumer as soon as practicably possible of any cancellation or curtailment necessitated by the foregoing circumstances.
If prior to the scheduled date of departure 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 Consumer is entitled:
1. 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 or;
2. 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 or;
3. to have repaid as soon as possible all the monies paid under the Contract.
Where the Organiser makes an alteration in the holiday as contemplated in sub-clause d.(i) or d.(ii) above the Consumer shall be entitled to receive compensation in accordance with Scale A below. If the Consumer opts to have all monies repaid pursuant to sub-clause d. (iii) the Organiser shall pay compensation in accordance with Scale B below. No compensation shall be payable where the alteration is for the reasons referred to in sub-clauses b. or c. of this clause.
Notification Period
Prior to Departure Date Compensation per Person
SCALE A SCALE B
Within 8 weeks €14 €7
Within 6 weeks €28 €14
Within 4 weeks €42 €21
Within 2 weeks €56 €28
Within 1 week €70 €35
In the Contract, "force majeure" means any 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 had been exercised or an event which the Organiser, the Retailer or the supplier of services, even with all due care, could not foresee or forestall and shall include 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/terrorism, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.

Notification Period Prior to Departure Date	Compensation per Person
SCALE A	SCALE B
Within 8 weeks	€14	€7
Within 6 weeks	€28	€14
Within 4 weeks	€42	€21
Within 2 weeks	€56	€28
Within 1 week	€70	€35

10. Insurance

It is a condition of the Contract that, prior to departure, the Consumer is covered by travel insurance arranged by the Organiser or covered by any other insurance scheme offering at least the same cover as that arranged by the Organiser. The Consumer's attention is drawn to the exclusion clauses and excess in the insurance policy arranged by the Organiser. It is the responsibility of the Consumer to read its insurance policy before they travel and check that the insurance scheme provides the Consumer with its 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 it deems necessary.

11. Price variation

All prices quoted are stated in Euro, are based on fuel costs, tariffs and taxes, and exchange rates current and appropriate at the time of publication. If any of these costs vary or if any new, or increased/decreased, government imposed levies such as VAT are imposed the cost of the holiday may increase or decrease accordingly. Any such increase/decrease shall be paid by or refunded to the Consumer; however no variations will be applied where their combined effects would result in an increase/decrease of less than 2% of the total cost of the holiday. During the period of twenty days prior to departure date, the price stated in the Brochure shall not be increased by the Organiser.

12. Liability

The Organiser accepts full liability for the proper performance of its obligations under the Contract with the Consumer for the provision of the holiday.
The Organiser shall offer prompt general assistance to any Consumer who through mishap suffers difficulty, illness, personal injury or death during the holiday with the Organiser and arising out of an activity, which neither forms part of the holiday the Organiser has confirmed nor an excursion booked through the Organiser.
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:
1. the failures which occur in the performance of the Contract are attributable to the Consumer; or
2. such failures are attributable to a third party, unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or
3. such failures are due to an event of force majeure; or an event, which the Organiser, the Retailer acting on its behalf or the supplier of services, even with all due care, could not foresee or forestall.
In the case of damage arising from the non-performance or improper performance of the services involved in the package other than death or personal injury or damage caused to the Consumer by the wilful misconduct or gross negligence of the Organiser the Organiser's liability will not exceed
1. in the case of an adult, an amount equal to double the inclusive price of the package to the adult concerned,
2. in the case of a minor, an amount equal to the inclusive price of the package to the minor concerned.
Any payments that the Organiser is obliged to make will be limited (in each case in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded) in respect of air travel by the Warsaw Convention 1929 (as amended by the Hague Protocol 1955 and the Montreal Protocol 1975) or the Montreal Convention 1999; in respect of rail travel by the Berne Convention 1961; in respect of carriage by sea by the Athens Convention 1974; in respect of carriage by road by the Geneva Convention 1973; and in respect of hotels by the Paris Convention 1962. For the avoidance of doubt, the Organiser is to be regarded as having the full benefit of any limitations of liability or compensation contained in any of the aforementioned conventions or any other International Conventions applicable to the Consumer's liability.
Liability for loss, delay or damage to baggage is limited to the sum fixed by the Warsaw Convention 1929 (as amended by the Hague Protocol 1955 and the Montreal Protocol 1975) or the Montreal Convention 1999 or any amendments thereto.

13. Conditions of carriage

You must comply with the conditions of carriage applied by land, sea and air carriers. The provisions of the Warsaw Convention 1929 (as amended) concerning the carriage of passengers and their luggage by air, and the airlines conditions of carriage, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. We will supply a copy of conditions of carriage applicable to your holiday, and of the Warsaw Convention, if you request them.

Air carrier liability for passengers and their baggage:
This clause 13 summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury:
There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (Special Drawing Rights) (approximately €120,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments:
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16,000 SDRs (approximately €19,300).
Passenger delays:
In the case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4,150 SDRs (approximately €5,000).
Baggage delays:
In the case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1,000 SDRs (approximately €1,200).
Destruction, loss or damage to baggage:
The air carrier is liable for destruction, loss or damage up to 1,000 SDRs (approximately €1,200). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of checked baggage, the carrier is liable only if at fault.
Higher limits for baggage:
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage:
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within 7 days and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers:
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action:
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information:
The basis for the rules described above in the clause 13 is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002 and national legislation of the Member States).
Sea Travel Conditions of Carriage & International Conventions
Land, sea and air carriers will have their own conditions of carriage with which the Consumer must comply. In the case of sea travel the provisions of the Athens Convention 1974 relating to the carriage of passengers and their luggage by sea may apply. This Convention and the sea carrier's conditions of carriage may continue to apply to the Consumer and the Consumer's party throughout his, or their, stay on board the ship and during boarding and disembarkation. This Convention presumes that the Consumer's baggage has been delivered undamaged unless full written details are given to the carrier (1) in the case of apparent damage, before disembarkation from the ship or redelivery of the baggage to the Consumer, or (2) in the case of damage which is not apparent or of loss, within 15 days of disembarkation or from the time when the redelivery of the baggage should have taken place. The Athens Convention and the carrier's conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and make special provisions for valuables. A copy of the conditions of carriage applicable to the holiday, and the Athens Convention referred to above, can be supplied on request.

14. Default by the consumer

The Consumer shall check all travel documentation immediately when 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 Retailer or the Organiser of his concern and the Organiser shall respond as soon as possible.
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.
The Consumer is restricted by 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 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.
The Consumer hereby agrees that he shall abide by all instructions or directions given by a member of the Organisers staff or any crew member of a carriers 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 Consumers failure to act in accordance with any such direction or instruction.
The Consumer undertakes to behave himself in a proper manner and not to cause any disturbance in or around the accommodation he occupies, which may cause offence or diminution of enjoyment of a holiday to other holidaymakers. Parents/Guardians are responsible both for the supervision and behaviour of minors. The Consumer further undertakes to leave his accommodation in good condition and not to cause damage or destruction to the accommodation or its contents. In the event that damage or destruction is caused to the accommodation the Consumer agrees to pay to the owner or management of such establishment the cost of repair or replacing such damage.
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 the airline. Full details of these rights will be published at EU airports and will also be available from affected airlines. HOWEVER, THE CONSUMER SHOULD NOTE THAT REIMBURSEMENT OF THE COST OF A FLIGHT THAT FORMS PART OF THE CONSUMER'S HOLIDAY IS THE RESPONSIBILTY OF THE HOLIDAY AIRLINE AND WILL NOT AUTOMATICALLY ENTITLE THE CONSUMER TO REIMBURSEMENT OF THE COST OF YOUR HOLIDAY FROM THE RETAILER OR THE ORGANISER.

15. Flights and flight times

The flights referred to in the XL Holidays brochure are scheduled to be operated by Excel Airways, operating on behalf of XL Holidays using Boeing 737-800 aircraft.
The Organiser reserves the right to change airlines or aircraft types at any time. Such changes will not be regarded as a significant change and the Consumer will not be entitled to cancel the holiday without paying the appropriate cancellation charge (see clause 4. Payment above).
Some flights may have to double-hop or stop en route. Where this is known in advance details are given in the flight tables, otherwise the Organiser will inform the Retailer. Although the flight times in the Brochure were correct at the time of publication, however, they can be subject to alteration. The Consumer will only be entitled to cancel the holiday booking without penalty or to receive compensation when the change to your confirmed times is 18 hours or more. Other changes which, for example, may give a reduced time in resort cannot be compensated (see clause 9. Alterations by the Organiser).
Actual flight numbers are not known at the time of publication.

16. Complaints

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.
Notwithstanding any action taken under sub-paragraph (a) of this clause the Consumer shall be obliged to notify the organiser in writing of any unresolved complaint not later than 28 days after his return to the port of departure or termination of the holiday whichever is the earlier. Any complaint received after this 28 day period will not be entertained.
The Organiser shall be entitled to a reasonable period of time within which to investigate any written complaint received from the Consumer and to respond thereto before any arbitration or legal proceedings are initiated by or on behalf of the Consumer.

17. Jurisdiction

The contract arising from any confirmed holiday booking is to be interpreted under, and is subject to, the laws of the Republic of Ireland.
All holidays in this brochure are operated by XL Leisure Group (Ireland) Ltd. trading as XL Holidays. The address for acceptance of service of proceedings is at XL Holidays, 124A The Capel Building, Mary's Abbey, Off Capel Street, Dublin 7.

18. Arbitration

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 shall be referred to arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators-Irish Branch (the "Institute"). Neither party has a right of Appeal except to the High Court on a point of law. Full details are available on request. Alternatively, claims less than the jurisdiction of the district court small claims procedure 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.
If there is a dispute which cannot be mutually agreed, either party may apply directly to the Institute at 31 Mespil Road, Dublin 4, by obtaining the form Request for Appointment of Arbitrator. This form sets out the information to be submitted including: the names and address 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 of €75 for non-personal injury claims and €150 for personal injury claims at present. 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 at a cost of €10 per set at present).

Procedure: Once an arbitrator has been appointed he is in complete charge of the terms of reference, deciding the procedure as he considers best, and the Institute's Rules deliberately give him this flexibility.
1. Questionnaire Form: In this scheme, the arbitrator will first send out a detailed form for completion by both parties. This will provide him with the details of the dispute so he can decide when and where to hold a hearing with both parties to present their cases.
2. 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.
3. 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.
4. Arbitrator's Fee: A fee is payable to the arbitrator for the conduct of the arbitration. The Retailer/Organiser normally pays this fee but the arbitrator has absolute discretion to award this cost as he thinks fit.