TERMS & CONDITIONS
Maritime Tourism Ltd Trading as Ballyhass Lakes therein after referred to as (The Company) Terms and Conditions of all bookings for individuals, groups and corporate bookings.
In proceeding with any booking it shall be deemed that the person booking activities with The Company and each and every delegate, booking party and / or participant (The Client) have entered into a contract agreement with The Company and in doing so have accepted the following terms and conditions.
General Issues
These Terms and Conditions apply to the booking of any activities, services and any ancillary products at any location with The Company. These Terms and Conditions contain important information concerning participation by The Client, and members of The Client’s group and, accordingly, The Client acknowledge and agree that The Client shall ensure that all members of The Client’s party are aware of and accept these Terms and Conditions. No variation to these Terms and Conditions shall be binding unless agreed in writing by The Company. Any typographical clerical or other error or omission in any booking confirmation or other documentation issued by The Company (including any electronic documentation) shall be subject to correction without any liability on the part of The Company. The Company reserves the right to make changes to the Activities whether to conform with any applicable safety or other statutory requirements or otherwise.
These Terms and Conditions incorporate The Company’s Risk acknowledgment and Disclaimer. The Client and each member of The Client’s party may be required to sign the Risk Acknowledgement and disclaimer before being allowed to undertake the activities.
Booking Confirmation
The booking is confirmed once The Company has verbally accepted the booking, or has issued a written confirmation, receipt or invoice. This includes email and website confirmation if booked online. Once a booking has been confirmed, The Client will have an allocated date and time slot. The Client must advise The Company as soon as possible of any mistake in The Company’s booking confirmation. The Company shall use all reasonable endeavours to ensure that The Client and The Client’s party’s participation commence at the time booked and it shall be the responsibility of each participant to ensure that they arrive in sufficient time. Late arrivals may not be permitted to undertake the Activities and no refunds or compensation will be payable in such circumstances.
Booking Process
To book an Event, activities or services contact the reservation line on 022 27773 and request a quote, or visit The Company’s website at www.ballyhasslakes.ie and either book instantly online or fill in the online request form. Any Quotation given by The Company will only be valid for a fixed period of time and may be withdrawn at any time prior to The Company’s confirmation of the booking. Prices quoted shall remain valid for such periods as shown on the first page of the quote form or as otherwise specified.
To secure a booking call or email The Company and quote The Client’s customer reference. For group bookings (more than 24 people) a 25% deposit will be required, details of which will be found on the quote form. Failure to send the deposit will result in any provisional bookings being cancelled after the five day holding period. If the Event is within 14 days of booking, then full payment will be required to secure the booking.
When The Company has confirmed availability and received The Client’s deposit, The Company will send to The Client a Booking Confirmation and Invoice. The Client should contact The Company within 2 days to notify The Company of any errors in the confirmed reservation or the invoice (or within 24 hours if the Event falls within 14 days). The invoice will show the details of The Client’s booking, paid amounts and (where applicable) the date on which the balance of the payment is due. Full payment must be received for every reservation at least 14 days prior to the Event (for group bookings – more than 24 people). Please note that The Company does not always send out, or call with, reminders for the balance payment. Therefore it is important to ensure The Client’s payments reach The Company on time. The Company reserves the right to cancel bookings where balances are outstanding less than 14 days prior to the Event.
Gift Vouchers
Once a gift voucher has been purchased it cannot be cancelled, extended or transferred.
Payment and Cancellations for normal bookings:
All normal booking MUST be paid for in advance. You shall be entitled to cancel your booking subject to The Company receiving your request for cancellation at least 7 days before the start time. Any requests for cancellation must be made by telephoning the booking line on 022 27773.
Payment and Cancellations for Group Bookings (More than 24 people):
Cancellations by The Client:
In the event of Cancellation, the following charges will apply
More than 30 Days Notice – full refund
30 to 21 days Notice – Full deposit retained
Less than 21 days Notice – Full deposit retained + 100% of total charge
The Company reserves the right to cancel the booking if; a. The balance of the booking total has not been received by The Company 14 working days prior to the Event (for group bookings) b. Due to circumstances beyond the control of The Company including but not limited to war, riot, industrial dispute, or fire; and in such circumstances The Company have no liability to make any payments to The Client or refund any part of the booking. c. It proves necessary to close the Activities for reasons beyond the control of The Company and in circumstances where The Client’s party has commenced participation in the Activities; The Client shall not be entitled to any refund (in part or in whole). In such circumstances The Company may, but shall not be obliged to, offer alternative dates or times at reduced rates. It shall use its reasonable endeavours to notify The Client as soon as possible, no other compensation shall be payable.
For group bookings the preferred method of payment is by electronic bank transfer. Bank details are available by request.
If full payment is not received 14 days prior to the event date The Company reserves the right to charge interest at a rate of 5% per annum above the base rate central bank on any amount outstanding. Also, The Client will be liable for all costs relating to collecting any overdue debts if The Company is not paid according to agreed credit terms.
Payment By Visa, Laser and MasterCard is accepted in advance of the event either online or by contacting the booking line: 022 27773. Payments made by debit or credit card will be refunded to the same card or, if the card has subsequently expired, by cheque. Payments should be made payable to Ballyhass lakes. Gift vouchers are permitted.
Making Changes to The Client’s Event
Final numbers for the group must be agreed 21 days prior to Event (for group bookings – more than 24 people). The Client shall not be entitled to any refund in respect of any reduction in numbers after this time. The Company will endeavour to accommodate additional participants (at extra cost) after this time but cannot guarantee that it will be able to do so. The Company shall endeavour to accommodate any request for changes to the Event received up to 21 days prior to the Event and shall advise The Client of any alteration to the price as a consequence of such changes. No request for changes will be accepted after such date. If The Client wish to change the dates for the Event, The Company shall re-schedule the Event at no additional cost (subject to availability) if numbers and the activity choice remain unchanged and subject to the re-scheduled Event taking place within the same calendar year within which the Event was booked. Dates cannot be changed within 21 days of the original Event date. A full 25% deposit will be required for the new date to secure the booking. All requests for cancellation or changes need to be made to The Company in writing. If by post please allow 72 hours for notification to be received. If by email please allow 48 hours for notification to be received. Deposits are non-refundable unless otherwise provided in these Booking Conditions.
If The Company cancels or changes The Client’s Event:
It is unlikely that The Company will have to make alterations to The Client’s Event but, as arrangements are planned many months in advance, The Company reserves the right to make changes, or, in certain circumstances, cancel The Client’s Event. Most changes are of a minor nature and The Company will advise The Client at the earliest possible date. Occasionally, The Company may have to make a “Major Change” which is defined as follows:
Cancellation of the Event, Change of site selected for Event, Any significant reduction or modification of advertised facilities at The Client’s selected site, If The Company has to make a Major Change The Company will inform The Client as quickly as possible.
If there is time to do so before The Client’s recommended arrival time The Company will offer The Client the choice to Accept the changed arrangements, or purchase an alternative Event/day from The Company, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than The Client’s original one, The Company will refund the difference but if it is more expensive, The Company will ask The Client to pay the difference), or cancel The Client’s Event and receive a full refund of all monies The Client have paid to The Company.
Please note that the above options are not available where any change made is a minor one. The Company reserves the right to make changes to The Company course and activity whether to conform with any applicable safety or other statutory requirements or otherwise.
In the event it proves necessary to close the Activities for reasons beyond the control of The Company, e.g. in inclement weather, and in circumstances where The Client’s party has commenced participation in the Activities, The Client shall not be entitled to any refund (in part or in whole). In such circumstances The Company may, but shall not be obliged to, offer alternative dates or times at reduced rates.
Postponement and Changes in the Event
Whilst every effort is made by The Company to carry out the activity in accordance with the booking, The Company retains the right to postpone or change the booking or nature of the activity if this is necessary due to circumstances beyond its control including but not limited to adverse weather conditions or unavailability of suitable staff, equipment or the original venue. In such circumstances The Company will notify The Client as soon as reasonably practicable of such changes and suitable arrangements will be made.
Changes in Event Participant numbers
The final confirmed numbers noted above will be the numbers charged for.
The Client must notify any changes in the final participant numbers in writing to The Company by sending an email to info@ballyhasslakes.ie no later than 21 days in advance of an event for group bookings (more than 24 people). The Company will confirm receipt of the email to change the participant numbers. If The Company does not confirm receipt of the email, it is assumed that The Company has not received the e-mail and the original contracted participant numbers will apply.
The Company’s Authority at the Event
The Client agrees on its own behalf and on behalf of each and every party member:- i. That the opinion of The Company is final; ii. To comply with any request or order made by The Company (and it’s representatives) in the interests of safety howsoever expressed; iii. To comply with any reasonable instruction given by The Company for any other reason. iv. The Company reserves the right to request any party member to leave or be removed/rescued if in the opinion of The Company the party member is behaving in a dangerous, unreasonable or disruptive manner and The Client agrees that such request will be complied with by each and every party member. In such circumstances The Company will be under no liability to The Client or the party member in respect of any refund of the booking or compensation for any costs or damage which may be incurred by The Client or the party member. b. There must be at least 1 adult participating (or observing) to every 25 children (under 16) for activities.
Liability of The Client for Damage
The Client agrees that in the event of damage being caused to any facilities,(including buildings and fixtures and fittings), vehicles or equipment of whatsoever The Client will be liable for the facilities and each and every vehicle or piece of equipment so damaged as follows: – i. If the damage arises out of any act or omission of The Client or any party member The Client shall be liable for the first €500.00 on each and every item. ii. If the cause of the damage were deliberate The Client shall be liable for all the damages so caused or the full replacement values of each and every item.
Alterations in the Price
Additional services requested by The Client before or on the day and not included in the original booking will be payable by The Client in advance or on the Event day.
Safety
Adventure Activities, by their nature, can be dangerous and are offered on a ‘Challenge by Choice’ basis by The Company. Whilst The Company provide all instruction and take all reasonable precautions, accidents can occur. It is therefore important to note that in taking part in an Adventure Activity The Client (including their staff, participants and delegates) is doing so at The Client’s own risk and that The Company do not accept any responsibility for loss or injury that maybe suffered.
The Company reserves the right to refuse admittance to, or to remove a participant from, the Activities should it deem it necessary to do so and no refunds will be given. This includes a participant who does not comply with the safety rules and advice and the safety system or who is deemed to be under the influence of alcohol or drugs or is not wearing appropriate clothing.
All participants are required to act responsibly and courteously at all times and to respect other participants. The Company shall be entitled to prevent any person from undertaking or completing the Activities in the Event it deems the behaviour of any participant unsuitable. The Company reserves the right to refuse admittance or remove a participant from the Activities should we it deem necessary to do so.
The Activities may be physically demanding and require a degree of agility, strength and stamina. If participants have medical concerns they are advised to consult their doctor in advance. Participants will be required to confirm that they do not suffer from any medical conditions, which could result in injury to themselves or others. Due to the physical nature of the Activities, this activity is not suited for women who are pregnant.
All participants must be reasonably fit and healthy. Anyone who does not meet these requirements will not be allowed to undertake the Activities. It is The Client’s responsibility to ensure that all members of The Client’s party meet these requirements.
All participants are required to wear a safety harness provided by The Company and fitted by an instructor. Participants may be required to wear an additional chest harness for safety reasons. If any participant has any health conditions or injuries (including but not limited to the following); non-controlled epilepsy, pregnancy, back injury, shoulder injury, neck injury, sprained or weak limbs, heart condition, for safety reasons, they cannot participate at any Activities. The booker must be an authorised representative of The Client and he / she confirms that by booking and agreeing to all these Terms and Conditions that all participants are in sufficient good health to participate in the programmes or activities provided and there are no pre existing conditions which may be aggravated by participation.
Participants will be required to have reasonable vision in order to complete activities. Consequently, short or long sighted participants must ensure that they wear contact lenses or prescribed glasses as appropriate.
The Activities will remain open in most weather conditions but not in circumstances of gales, lightning, heavy ice or snow at the discretion of the site manager. No refunds or compensation will be payable by The Company in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities for the reasons set out in this clause.
After the safety briefing participants may not be directly supervised by an instructor. Minimum age for participation is 7 years old. Under 16’s must be accompanied onsite by an adult but adults do not need to participate. Adult child ratios apply. One adult is permitted to supervise a maximum of 25 under 16 year olds. Participating adults must sign a Risk Acknowledgement and Disclaimer stating that he or she will accept responsibility for the safety of himself or herself and for the supervision of children in his or her care. Disabilities will restrict participation.
Clothing
Participants must be dressed appropriately and it shall be the responsibility of all participants to ensure that they are dressed suitably. Participants may not undertake the Activities in open-toed or slip-off shoes (ankle-supporting boots are best, runners / trainers are suitable for dry weather). Long hair must be tied back. Waists must be covered and skirts are not deemed as suitable attire. Piercings must be removed or taped over for comfort and safety.
The Company will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in the Activities and The Company advises participants to wear clothing appropriate for the weather conditions. The Company reserves the right to refuse admittance to the Activities to any participant who is not appropriately dressed.
All participants are required to wear a safety harness provided by The Company. The Clients are not permitted to wear their own harness. The Company normally uses Petzl harnesses for all participants. The size of the harnesses dictates if a customer can safely participate in activities.
The maximum waist measurement of the harness is 110 cm (43 inches).
The maximum leg / thigh loops measure 70 cm (27 inches).
Males or females weighing up to 18 stone or 115kilos are likely to be in this category. If The Client’s measurements are close or exceed these figures, the harness will not fit and therefore will not be able to undertake the activities. It is The Client’s responsibility to ensure that all members of The Client’s party meet these requirements.
Insurance
The Company has Public Liability Insurance, Contingency Insurance, Employers Liability . A copy of any of the above is available upon request to any client.
Liabilities
Except as otherwise provided in these Terms and Conditions The Company shall not be responsible for the loss, or damage, of or to any property or to any person arising from the booking of or participation in the Activities. Parking facilities are available at the site, and any vehicles are left at the owners’ risk and subject to any conditions and the payment of any fees as may be required by the provider of such facilities at the site location. The Company will not be held responsible for any parking charges/fines incurred whilst using the facilities they offer. Nothing contained in these Terms and Conditions is intended to nor shall limit the liability of The Company in respect of death or personal injury caused by the negligence of The Company or of its employees, agents or contractors.
Miscellaneous
If any of these terms are determined to be illegal, invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable. Nothing above shall confer on any third party any benefit or the right to enforce any of these Booking Terms and Conditions. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of Ireland and The Company and The Client submit to the exclusive jurisdiction of the courts of the Republic of Ireland.
Arrival times at site
Participants should arrive at least 30 minutes before they are due to start activities to get kitted out and for the safety briefing. This is essential as activities have limited capacity and delays to the start of the Event will not be accommodated, to prevent impact on participants later in the day. If participants miss start times due to reasons outside their control (for example delays caused by bad traffic), then it will be at the discretion of The Company site manager, as to whether he/she is able to re-accommodate the late arriving participant into course instruction and participation. No refunds or part-refunds will be made for late arriving participants in the event this is not possible.
Compensation
The Company will not be liable to pay any compensation to any group member, under any circumstances. Compensation will not be payable, and no liability beyond offering the above mentioned choices, can be accepted where The Company are forced to make a change as a result of unusual and unforeseeable circumstances beyond The Company’s control, the consequences of which The Company could not have avoided even with all due care, (see Force Majeure). In all cases, The Company’s liability for Major Changes is limited to offering The Client the above mentioned options. The Company regrets that it cannot pay any expenses, costs, or losses incurred by The Client as a result of any change. No compensation is payable for minor changes.
Force Majeure
The Company shall not be liable for any failure to perform its obligations or forced to cancel or, in any way change, The Client’s arrangements where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], industrial dispute, riots, civil strife, political unrest industrial dispute, terrorist activity, natural or nuclear disasters, fire or adverse weather conditions, epidemics, theft, quarantine, medical or customs regulations, technical and administrative problems with transport, closure of airports & train stations, breakdown with machinery and equipment, water shortages or other unusual and unforeseeable circumstances beyond The Company’s control which could not have been avoided and no other Party will have a right to terminate this Agreement in such circumstances.
The Company’s Liability to The Client
Whilst The Company provide all instruction and take all reasonable precautions, accidents can occur. It is therefore important to note that in taking part in any activity The Client (including their staff, colleagues, and other participants booked by the client) is doing so at The Client’s own risk and that The Company do not accept any responsibility for loss or injury that maybe suffered. The Company shall not be responsible and has no liability to The Client or any Guest for any loss or damage of any nature howsoever caused arising out of or in connection with attendance at the Event to The Client or the Guest or the property of The Client or Guest or the loss, or damage, of or to any property or to any person arising from the booking of or participating in the activities. Adventure and non adventure activities, by their nature, can be dangerous. Parking facilities are available at the site, and any vehicles are left at owners’ risk. Except as otherwise provided in these Terms and Conditions any liability of The Company shall be limited to the refund of any charges paid to The Company. Nothing contained in these Terms and Conditions is intended to nor shall limit the liability of The Company in respect of death or personal injury caused by the negligence of The Company or of its employees, contract instructors or agents. Subject to the terms of these Booking Conditions, The Company’s liability hereunder (except in respect of death of personal injury caused by The Company’s negligence) for any delay in performing or any failure to perform any of The Company’s obligations shall be limited to the payment of compensation as provided herein or a refund of payments made. Any refunds as payments of compensation are subject to The Client having first taken all reasonable steps to notify The Company’s staff or the supplier at the Event and given The Company the opportunity to rectify the problem. The Company cannot accept responsibility for death, injury or illness caused during The Client’s Event unless it is proved this is due to negligence or omission of The Company’s employees, agents, suppliers or subcontractors whilst carrying out activities of their duties on The Company’s behalf. Nothing contained herein is intended to or shall it limit The Company’s liability for death or personal injury arising from The Company’s negligence. Except as otherwise provided, The Company’s liability for any claim (excluding personal injury, illness and death) will be limited to the cost of The Client’s Event. The Company warrants that it has taken all reasonable and proper steps to ensure that the suppliers of the various services, which will be provided to The Client as part of The Client’s Event, are safe and reputable businesses and that they comply with the local and national laws and regulations which apply to the service they provide. Personal injury: If The Client and any member of The Client’s party suffers illness, injury or death and it is proved this is due to negligence or omission of The Company’s employees, agents or suppliers, The Client must tell The Company or the supplier involved about The Client’s illness or injury whilst The Client are at The Company’s site and write to The Company within three months with details.
Disputes
All disputes which arise between the parties in connection with this Agreement, or the subject matter of this Agreement, shall be decided by an arbitrator agreed by the parties, in default of agreement, appointed by the President for the time being of the Law Society of Ireland or in the event of his unwilling or unable to do so by the next senior officer of the Society who is willing and able to make appointment provided always that these provisions shall apply also to the appointment (whether by agreement or otherwise) of any replacement arbitrator where the original arbitrator (or any replacement) has been removed by order of the High Court, or refuses to act, or is incapable of acting or dies.
Proper law
The validity and construction of this agreement shall be governed by the laws of the Republic of Ireland.
Complaints about The Client’s Event
The Company appreciates that, in spite of every effort that it puts in to make sure that The Client have a trouble free enjoyable Event, things from time to time go wrong. If The Client has a complaint The Client must inform The Company’s staff or hosts immediately. They will do their utmost to resolve the problem as soon as possible. In the unlikely Event that a satisfactory solution is not found and The Client wish to bring the matter to The Company’s attention, please write to The Company (address above) detailing in full the nature of the complaint, and The Client’s booking and contact details within 28 days of the Event. This will allow The Company to investigate The Client’s complaint efficiently and effectively.
Data Protection
In order to process The Client’s Event booking with The Company and to ensure that The Client’s Event arrangements run smoothly and meet The Client’s requirements, The Company needs to collect from The Client, hold and use certain personal information relating to The Client and all The Client’s members of The Client’s group. This includes as Private and Confidential appropriate The Client’s company’s/organisation’s or an individual’s name, address, telephone number, email address, credit card or debt card number, card expiry date and activity requirement or other information relating to The Client’s company’s or organisation’s Event group booking. The Company may have to pass on certain personal information to companies, organisations and third parties (for example The Company’s insurers, and relevant suppliers of The Client’s Event arrangements relating to The Client’s booking, including security or credit checking companies) in order that The Client’s Event group booking can be processed. If The Client do not wish The Company to pass on certain personal information to companies, organisations and third parties, The Company cannot make The Client’s booking. Accordingly, in making this booking The Client consent on behalf of all members of The Client’s group to The Company passing on certain personal information to companies, organisations and third parties in order to process The Client’s Event group booking. The Company may contact The Client and members of The Client’s group (either directly or through our authorised direct marketing agents) from time to time with details of its products, services or special offers or other information The Company think The Client and members of The Client’s group may find interesting and may pass data to selected third parties for marketing purposes. However, The Company will not pass any sensitive personal information (as defined in the Data Protection Act 1998) collected from The Client to companies, organisations or selected third parties that are not part of The Client’s Event arrangements. If The Client or members of The Client’s group do not wish The Client’s personal information to be used for direct marketing purposes please tick the box on the Risk Acknowledgement and Disclaimer The Client and members of The Client’s group will be required to sign before participating in the Event. The Company may be required to provide information by law as permitted by the Data Protection Act or by a legal authority recognised by the European Union. For The Client’s protection The Company is registered under the Data Protection Act 1998 and have given all appropriate notifications to the Information Commissioner. If The Client have not previously objected to The Company using The Client’s personal information for direct marketing purposes, The Client may change The Client’s mind at any time by writing to us or emailing us. The Client may request details of personal information that The Company hold about The Client under the Data Protection Act 1998. A small fee will be payable. This fee will not exceed €10 per data subject. If The Client would like a copy of the information held on The Client please write to us or email us. If The Client believe that any information The Company is holding on The Client is incorrect or incomplete, please write to us or email us. The Company will promptly correct any information which is found to be incorrect.
Risk Acknowledgement and Disclaimer
These Terms and Conditions incorporate The Company’s Risk Acknowledgement and Disclaimer, which The Client and each member of The Client’s Group will be required to sign before being allowed to undertake the Activities.
About Our Staff
All of our staff are qualified in the activities being taught and all activities are on a ‘Challenge by Choice’ basis. Our activities & safety management systems are independently assessed to adventure industry and health and safety standards. This means that The Company staff are there to make sure that you are safe, have a great time and will give you the encouragement to do as much or as little as you want to. Personal accidental loss/damage of belongings are not insured. Participants are covered by the Company’s insurance in the highly unlikely event of negligence by one of our employees.
Acknowledgement of risk
There will always be some risk involved in any type of adventure activity, and indeed the benefits of the activity would probably be nullified if these risks were completely removed. The type of risk is generally confined to the same sort of risks that a normal adult involved in active recreation may experience. We consider the level of risk to be low and reasonable. However, you must decide if you also consider it reasonable. Our ‘Challenge by Choice’ approach endeavours to ensure that participation in any activity is always at your own discretion. The above declaration does not absolve The Company of its “Duty of Care” and other legal responsibilities. The Company reserves the right to preclude any person from participating in adventure activities where safety considerations may put participant’s safety or the safety of other persons at risk.
The Company advises participants that if they are in any doubt whatsoever about their medical fitness or injury status with regard to undertaking the adventure activities we provide, that they must only undertake activities as observers who may not participate directly in adventure activities. If in any doubt you should consult your medical practitioner before participating in adventure activities.