Terms and Conditions

Terms and Conditions of Sale of Activity Days Ireland Limited

Below are the standard terms and conditions of sale of Activity Days Ireland Limited, registered number 559999 having its registered office at 10 Bracken Wood, Blarney, Co. Cork (“Activity Days”, “the Company”, “we”, “us”, “our”). Please read these terms and conditions of sale carefully before placing your order. By placing your order with us, you are deemed to accept the terms and conditions. These terms and conditions apply to any customer travelling or intending to travel with the Company on any activity or tour provided by Activity Days.

1. Booking

1.1 Number of Participants – A booking can be made for a minimum of two persons, or a larger group. For 2 to 5 people booking this is a small or FIT booking.  One person will be a ‘lead name’ on the booking and guarantees that he or she has the authority to accept and does accept on behalf of the party the terms of these booking conditions. We need details of the names, date of birth and nationality of each person in the group and if possible relationship.

1.2 Group Bookings – Where you wish to make a group booking, one person in the group must be designated the Lead Person on the booking. The Lead Person warrants and guarantees that he/she has the authority to accept these terms and conditions on behalf of each member of the group and the terms and conditions shall be deemed to be accepted and to apply to each member of the group. The Lead Person must be over the age of 18. Groups are from 6 to 30 people

1.3 Minor Participants – If a participant is under the age of 18 years, you must notify Activity Days of the identity and age of the participant. If the activity is not suitable for a participant of that age taking into account the nature of the activity, Activity Days may refuse the booking for the participant. The Company will not accept bookings for participants under 12 years. The Lead Person must furnish a signed consent of the parent or legal guardian to the participation of the minor participant within 14 days of the booking in the form required by Activity Days.

1.4Independent Travel:- When you book with ActivityDays you are in charge of the trip, choosing what to do and where you  to go. You  can book a pre or post hotel night accommodation but this must be booked with the rest of the trip. We can organise the transport, accommodation and activities during the trip, but are not responsible for any independent activity you undertake during your stay in Ireland. The package will be sold as is and all other trips will be considered to be Bespoke or Tailor Made trips which may include accommodation, transport and activity. We will take your  list of places to visit, activity to do or types of accommodation and build the best package for the trip cost you provide us. To secure a booking the Company requires the Booking Form to be completed or click on the book now tab. By submitting a booking form, you are making an offer to purchase our services subject to these terms of sale.

1.5 To Secure Multiple Bookings – If you are booking more than one activity the Company needs a completed Package Creation Booking Form.

1.6 Planning the Trip:-  We will send you a template form looking for details of your trip plan, ideas and requirements. For Tailor Made or Bespoke trips the planning of the trip will take a few weeks to make sure all your requirements are included in the trip. We will phone and email you with these details. Please read the final agreed trip plan before confirming. Be aware that the closer to the departure date you book, the higher the rates quoted by the hotels, transport and guided activity will be. There many need to be changes to your trip with late bookings.

1.7  Booking for an Activity: The latest time by which you may submit an order for a given  single Activity is 48 hours before the time specified by you in your order for the commencement of that Activity. To avoid disappointment, we recommend that you submit your order some weeks in advance. During the summer season many visitors to take part in Activities, all of which have limited places, so book well in advance of arrival to avoid disappointment. We can take orders for Activities up to twelve months in advance.

1.8 Guides – Activity Days reserve the right to select the tour guide or activity guide most appropriate to your booking and shall have absolute discretion on this regard. The selection of any guide does not constitute an endorsement of representation, warranty or undertaking by Activity Days as to the skill and competence of the Guide. Guest names will be provied to Guide as well as any fitness issues, whihc need to be identified to ActivityDays at time of booking. This included broken limb in plaster of support, back issues, pregnancy, disability or wheelchair user. We will make reccomendations and accommodation to suit needs.

1.9 Medical Conditions & Dietary Requirements:-  If you are affected by a medical condition which may affect your or other people’s enjoyment of the holiday, you must advise this at the time of booking. Similarly, you must advise us of dietary requirements at the time of booking. We can advise where to buy gluten free products or other dietary foods if requested.

1.10 Activities – Activity Days provides activities and services within the Island of Ireland only. The activities provided may be subject to change from time to time. It is assumed that all clients taking part in activities are fit, over 12 years of age and meet the fitness level required for each activity. Any information provided by ActivityDays on such matters as climate, clothing, baggage, travel, accommodation, special equipment etc. is given in good faith but without responsibility on the part of ADI. The correct footwear must always be worn for walking trips. All safety equipment provided must be worn for water sports. We can add extra activities to your itinerary if you ask at the time of booking.  ActivityDays reserve the right to select the tour guide or activity guide most appropriate to your booking and shall have absolute discretion on this regard. The selection of any guide does not constitute an endorsement of representation, warranty or undertaking by Activity Days as to the skill and competence of the Guide.

1.11 Accommodation:- We book accommodation in self-catering Cottages, Castles, Glamping, Hostels, Hotels and BnB as requested by clients. For Groups we can advise on the best option for group or multi-family needs.  Accommodation is usually  for two people in twin bedded or double bedded rooms unless stated otherwise. Where a single room or family room for 3 people is requested, we will try to accommodate this but a single supplement will often apply – please specify at the time of booking.

We ask for rooms to be ready for your arrival but the normal check in time in Ireland is 2-3pm. Bags can be left with reception if this happens. If you are delayed for any reason please contact the hotel directly and our office so that we can liaise. Check out time is normally by 12.00 noon.

The price quoted is for bed and breakfast and does not include the cost of any other meals in the accommodation. All hotels have dining rooms and we can provide you with a list of other restaurants near your accommodation.  Self catering properties can provide breakfast on request. Details of the hotel are available on request, with information on the facilities on your accommodation voucher. Smoking rooms are available on request but limited in Ireland.  Smoking is not permitted in public areas of public buildings in Ireland.

1.12. Transport:–  If  transport is included in the price quoted this refers to self-drive car hire for up to 4 people. Please read the car hire restrictions in the Frequently Asked Questions section, especially if under 25 or over 70 years of age. The rental reservation is made on your behalf by ActivityDays with the rental price and basic insurance in the quote. The rental agreement is between the client and the car hire company directly and the client must sign the rental documents before a car can be collected. If you wish to add additional insurance cover, sat nav, baby seats or other additional they can be requested by ActivityDays but are not included in the rental quote and are paid for when the car is collected.

For groups larger than 4, the transport cost per person may increase or decrease depending on the size of vehicle hired. An ordinary driver’s licence will suffice to drive a vehicle taking up to 8 people.  Any larger vehicle requires a mini-bus licence or hired transport with driver. If a group wants us to provide a driver then this is charged at a Tailor Made Price for the hire of the vehicle and driver inclusive.

If a group are on a golf holiday, then space must be allocated in the vehicle for the golf clubs.

1.13. Sustainable Travel – For Sustainable holidays we can offer a service linking with public transport options in Ireland from Trains, to Bus and Local Link as well as Ferry services  to islands off  Ireland’s coast. We cannot guantee the efficiency of this service, but most transport systems are very reliable. We can also link with car hire near the destination train station in Cork, Limerick, Galway, Donegal.

1.14. Gift Vouchers – Gift Vouchers can be purchased via our website for a minimum value of €25 and maximum value of €400. A fee of €5.00 will be charged and payable to Activity Days on the purchase of each Gift Voucher. All Gift Vouchers are valid for a period of twelve months from the date of purchase or such period required by law.

Gift Vouchers  for a ActivityDays Package or Tailor Made trip can be purchased via our website for a minimum value of €100 and maximum value of €1,000. A fee of €5.00 will be charged and payable to Activity Days Ireland Ltd on the purchase of each Gift Voucher. All Gift Vouchers are valid for a period of 5 years from the date of purchase or such period required by law. This money can be used to help pay for Package or Bespoke Trip.

1.15  To Secure a Booking Packages – On receipt of the completed booking form and all necessary information, Activity Days will either accept or reject your booking within 7 days.By submitting a booking form, you are making an offer to purchase our services subject to these terms of sale. We may suggest products which may be above your budget as well as those below, but the final choice will be yours.  Please note that Activity Days reserves the right to reject any booking or request submitted by you and may communicate rejection by such means as we see fit. If the Booking is accepted, we will confirm your booking and issue a confirmation invoice.

The confirmation invoice will contain the precise detail of the booking. If there are any errors on the confirmation invoice, you must notify us immediately. Late changes may not be facilitated depending on availability and third party contractors. These terms of sale together with the order not rejected by Activity Days shall constitute a contract for sale of services by the Company. Once the confirmation of booking is issued by Activity Days, the deposit in accordance with Clause 2 must be paid within 24 hours.

1.16. Notice of Booking:- The latest time by which you may submit an order for a given  is 90 days or more  before the Package or Bespoke Trip specified by you in your order for the commencement of that Trip. To avoid disappointment, we recommend that you submit your order some months in advance, especially for summer tours, so book well in advance of arrival to avoid disappointment.  Packages or Tailor Made Trips can be made at shorter notice than 90 days but must be agreed on and paid for in full, within 7 days or request for the trip. We can take orders for Accommodation Transport and Activities up to 18 months in advance or the trip.

 

2. Payment

2.1 Deposit  Upon receipt of the confirmation from Activity Days in accordance with Clause 1.2, you must pay a deposit equivalent to 25% of the total activity fee (“the Deposit”) within 24 hours of receipt of the confirmation (save as hereinafter provided). Before your booking is confirmed and comes into existence the company reserves the right to increase or decrease  prices. Website prices are quoted in Euros, Payment will also be accepted via Stripe account which will convert rates on the day or by bank transfer (charges may apply and details from the ActivityDays office). WeTravel is a  secure booking and payment system which will allow customers to pay in multiple currencies with a  small fee payable by customers, as well as fee for Credit card payment. You can opt to pay directly to the ActivityDays bank account, but need to confirm this so a code can be provided which will identifythe booking payment link. Payment will also be accepted via Stripe account which will convert rates on the day or by bank transfer (charges may apply and details from the ActivityDays office). 

2.1.2 Deposit:- The Deposit is non-refundable in the event of cancellation for any reason whatsoever. A booking is accepted and becomes definite only from the date when the company sends a confirmation. It is at this point that a contract between the company and the client comes into existence. Once we receive your deposit and having accepted your booking form, the contract between us will become binding and we will send you an invoice for the balance and advise you of the date for payment of the same. Please note that for a single non group booking, the full fee must be paid  within 90 days of the trip. Please note that if the booking is confirmed within 13 weeks (90 days) of the date of the trip, full payment must be made within 48 hours of receipt of the confirmation from ActivityDays.

2.1.3 Activity Single Booking Fee – The Activity Fee for each activity is specified on our website, www.activitydays.ie. All prices are inclusive of VAT where applicable. The Activity Fee specified does not include the Commission. Please note that for a single non group booking, the full fee must be paid within 24 hours of the booking. For all activities, there is a €5 commission per person per activity payable to Activity Days (“the Commission”) which must be paid within 24 hours of receipt of the confirmation from Activity Days. This commission payment is non refundable in the event of cancellation for any reason.

2.1.4  Fees for Packages:- The cost of the Package is as on the website or the Tailor Made Trips can include accommodation, transport and activity as you wish in an inclusive trip. If not all members of the party are taking part in each activity please advise at time of booking, as we assume all are booked and this cannot be cancelled after booking deposit is paid.. All prices are inclusive of VAT where applicable. Please note that if the booking is confirmed within 6 weeks (42 days) of the date of the activity, full payment must be made within 24 hours of receipt of the confirmation from Activity Days.

2.2 Packages :- For packages build at the clients request payment can be made by each member of the group, as managed by the LEad Booker. A Deposit and and a max of 4 payemnt can be organised for group bookings. The rate quoted is based on the number of people in the group for the trip and must be met when agreed as a group booking. the LEad booker is responsible for ensuring each person in the group pays in full for the trip as planned.

2.3. Payment of Balance Fees – The balance of the activity fees due including any surcharges and commission must be paid to the Company or their agents not later than 42 days (6 weeks) prior to the activity (“the Due Date”). In the case of non-payment of the balance by the Due Date the Company reserves the right to cancel your booking and cancellation charges will apply. All payments to the Company in respect of all activities, accommodation or travel booked with the Company must be paid prior to the Company providing any of the services whatsoever. If any part of the amount due by you to the Company remains outstanding for any of the foregoing items as at the Due Date, then the Company reserves the right to cancel all activities, accommodation or travel booked by you, notwithstanding that part of the amount due to the Company may have been paid. In that event, your deposits will not be refunded.

 

2.4. Changes to Prices – Before your booking is confirmed, the Company reserves the right to increase or decrease its published prices. In that event, we will notify you in writing. You will have 48 hours to pay the charge and in default of payment, the booking will be cancelled.

2.5. Non Euro Payments – There will be a charge on Non-Euro cards and Bank Transfer from outside the Euro area of 3.0% of the total value of the payment in euro. THis will be paid in full by Customers who pay via WeTravel.

 

3. Fitness to Participate.

3.1 Fitness Criteria – It is the responsibility of the Customer to ensure that any participants meet the fitness criteria for the activity. The Company, its servants, contractors and agents reserve the right to cancel the booking, or decline to permit participation of the participant does not meet the require fitness criteria, or is otherwise deemed unfit to participate in accordance of these terms.

3.2 Fitness to Participate – A participant may be deemed to be unfit to participate if by reason of any medical condition, illness, intoxication or other matter which in the reasonable opinion of the Company, its servants, contractors or agents renders it unsafe or imprudent for the participant to engage in the activity.

3.3 Medical Conditions – It is the responsibility of the participant to bring any medical conditions, illness or injuries to the attention of the Company in advance of the activity.

4. Changes to Booking

4.1 Change Request by Customer – The Company cannot guarantee that changes requested by the Customer after booking be facilitated. It is therefore vital that you ensure that all information is correct at the time of booking. If you wish to make changes to your booking, an additional administration fee of €25 is due to the Company. If you wish to change the activity in the booking, additional charges may be payable in respect of the Activity Fee.

4.2 Changes by Activity Days – In limited circumstances, Activity Days may require to make minor changes to your booking. If such changes are necessary, we will notify you in advance of the activity.

4.3 Deemed cancellation – If the activity booked is due to commence within 8 weeks of the request to change the booking , then such request may be deemed to be a cancellation in accordance with these terms.

 

5. Cancellation Policy

5.1 Cancellation by Customer– The cancellation policy for each activity is specified on the activity detail form by Activity Days. Please note that Tailor Made Packages, Accommodation Packages and Transport Packages are always non-refundable. To cancel your booking, please email team@activitydays.ie. The following provisions apply in respect of each cancellation policy;

5.1.1 Standard Cancellation Policy: If you cancel more than 5 days before day of the activity, Activity Days will issue a full refund of the Activity Fees to you. If you cancel 5 days before the activity, or less, then no refund of the activity fees shall be issued to you. No refund of the Commission or any surcharges shall be processed in the event of cancellation regardless of timing of cancellation.

5.1.2 Strict Cancellation: If you cancel more than 7 days before day of the activity, Activity Days will issue a full refund of the Activity Fees to you. If you cancel 7 days before the activity, or less, then no refund of the activity fees shall be issued to you. No refund of the Commission or any surcharges shall be processed in the event of cancellation regardless of timing of cancellation.

5.1.3 Non Refundable: No refund to be issued for cancellation initiated at any time. Rescheduling of the activity will be at the absolute discretion of Activity Days. Please note that Tailor Made Packages, Accommodation Packages and Transport Packages are always non-refundable.

5.2 Cancellation by Activity Days –

5.2.1 Pre Acceptance – Activity Days reserves the right to cancel the activity for any reason prior to acceptance of the booking. In that event, the deposit will be refunded.

5.2.2 Failure to meet fitness criteria – If the Customer is found unfit to participate in the activity for any reason in accordance with these terms, then no refund shall be due to the participant, unless the participant notifies the Company of their unfitness to participate not later than [6] weeks prior to the date on which the activity is due to take place.

5.2.3 Minimum Numbers – Activity Days reserves the right to cancel the activity if the minimum numbers required for occurrence of the activity are not fulfilled. In that event, we will endeavour to make alternative arrangements for you and in default, will cancel the activity and refund the activity fees, or such portion of the activity fees as have been paid as appropriate, to you.

5.2.4 Weather – If the weather is not suited to the activity booked by you (including but not limited to by reason of fog, heavy rain, storms, high winds, dangerous water conditions and unstable ground), then Activity Days will endeavor to provide an alternative activity in the area, if possible. If the activity cannot be re-arranged, then Activity Days reserves the right to cancel the activity. In that event, we will refund the activity fees or such portion of the activity fees as have been paid as appropriate, to you.

5.2.5 Force Majeure:– Where a major change or cancellation arises from circumstances amounting to force majeure, we will refund the activity fee or such portion of the activity fees as have been paid as appropriate, to you. It is however your responsibility to recover any other payments and charges from your travel insurers. Activity Days will have no liability for any personal expenses you may have incurred as a result of your booking including but not limited to flight payments for land-only trips, travel insurance, equipment purchases, visas, vaccinations etc.

5.2.6 Non Refundable Commission & Surcharge – No refund of the Commission or any surcharges shall be processed in the event of cancellation regardless of timing of cancellation or reason for cancellation by Activity Days.

6. Payment and Invoicing

6.1 All payments shall be made in euro. Our linked payment system WeTravel has a facility to pay in other currencies  with a small surcharge for the serivice.

6.2 Activity Days operates Stripe and Splink payment systems on its website. Please note that these payment mechanisms are operated by third party processors and Activity Days shall have no liability whatsoever and howsoever arising for any failure or default on the part of third party payment processors (save that no exclusion of liability shall apply where prevented by law).

6.3 The Company may also accept payment by bank transfer where requested by the Customer. In that event, the Company will furnish to you the bank account details at your request to facilitate the transfer, and the transfer must be made within seven days of booking. Please note that your booking will not be considered complete until such time as the deposit is received.

7 Complaints:- 

7.1:- If a client wishes to complain, you must notify the office in Blarney and the relevant supplier. If the client’s complaint is not dealt with satisfactorily at the time they must write to team@activitydays.ie with full details of the complaint and the relevant supplier within 14 days of the end of the tour. The Company shall investigate the complaint.

7.2:- The company provides all services on a ground only basis. The client is responsible for arranging their own transport to the designated start point for each tour, for agreed starting time.

7.3:- The company cannot accept any liability for any delay/cancellation in your transportation and cannot offer a refund for loss of trip days.

7.4:- When a major change or cancellation occurs you will have the choice of either accepting the change of arrangements, purchasing another available activity, or cancelling your trip. We will refund all payments made directly to us in respect of the trip cost. We will not refund any personal expenses you may have incurred as a result of your booking such as flight payments for land-only trips, travel insurance, equipment purchases, visas, vaccinations etc.

7.5:- If a person has an illness, lack of fitness due to a broken bone or ill health it is essential that the ‘lead named’ person advise ActivityDays.ie at once as the fitness index shows the fitness level required for an activity. The local guides are entitled to refuse permission for a person who is not fit enough to take part in an activity. In case of having a cold guests are requested to test for Covid-19. If suffering from Covid-19 policy is presently cannot go on group day trips. There is no refund in case of Covid-19 cancellation.

 

 8 Photography and Illustrations

 8.1  We provide pictures, photographs and other illustrations on the Site for the purposes of giving you a depiction of the activity. These pictures, photographs and other illustrations are for information purposes only and ActivityDays  makes no representation or warranty, express or implied in respect of them.

 

  1. Intellectual Property

9.1:- You agree and acknowledge that all intellectual property including but not  to limited copyright, moral rights, patents, trademarks, trade name, service marks, designs (software or otherwise), data base rights, whether registered or unregistered generally present and future in and relating to the Site (the “Intellectual Property”) belong and shall belong exclusively to Activity Days Ireland Ltd.

9.2:- You may not reproduce, distribute, modify, sell, display, exploit or otherwise use any of the Intellectual Property. All trade marks names or logos of third parties are the property of their respective owners.

9.3:- The design of the Site, text, graphics, content and software thereof are copyright of Activity Days Ireland Ltd. .

  1. Third Party Links 10.1:- The Site may contain links to other websites.  In no way should this be interpreted as an endorsement of any company, content or products to which this Site links.10.2If you decide to access any of third party websites linked to the Site, you do so entirely at your own risk. ActivityDays makes no representation or warranty whatsoever about any other website which you may access through the Site.

    10.3:- ActivityDays is not responsible for the availability or content of any third party site and shall not be liable for any loss, or damage arising out of or connection with the use (or non-use) or reliance on such third party sites

     

  2. 11.1:- Site Links       

    11.1.1:- The Site may contain links to other websites. ActivityDays makes no warranty or representation regarding any content or use of third party websites.  We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

    11.1.2:- If you decide to access any of third party websites linked to the Site, you do so entirely at your own risk. ActivityDays makes no representation or warranty whatsoever about any other website which you may access through the Site.

    11.1.3:- ActivityDays is not responsible for the availability or content of any third party site and shall not be liable for any loss, or damage arising out of or connection with the use (or non-use) or reliance on such third party sites.

    11.1.4:- If you would like to create a link to this Website, you may only do so with our prior written consent.

    11.1.5:- We reserve the right to display advertisements on the Site and on your login pages of third party products and/or services which may be of interest to you. Please be aware that the products and services advertised are not provided by us and are provided by third parties over whom we do not have control. You should satisfy yourself that you wish to purchase those products or services and that you agree to the third party’s terms and conditions before contracting with them. We accept no liability for any products or services or information provided by third party providers.

     

  3.  12 Data Protections and Privacy Policy

    ActivityDays respects your privacy. We have prepared a privacy policy which explains our data processing practices and the way in which your personal data is used. A copy of our privacy policy can be obtained. If you have any requests concerning your personal information or any queries with regard to our processing please contact us at team@activitydays.ie. By accessing and viewing the Site you agree that we may process your personal data in accordance with our privacy policy.

 13 . Limitation of Liability

13.1 Activity Days warrants that it will provide the Services with reasonable skill and care.

13.2 Subject to the provisions of Clause 9.7, to the fullest extent permitted by applicable laws, all other warranties, conditions or terms relating to the Services whether implied by statute or common law or otherwise, are excluded.

13.3 Subject to the provisions of Clause 9.7and without prejudice to the provisions of Clause 9.5, our total liability in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with or in relation to services supplied under a given Contract or the supply or nonsupply or purported supply or delay in supply of any services under such Contract or otherwise out of or in connection with or in relation to such Contract or any transaction or matter contemplated by such Contract shall be limited to the amount that is equal to the sum of the Activity Fees actually paid by you to us for the Services under that Contract and the Price actually paid by you to us under that Contract, in aggregate. Subject to the provisions of Clause 10, the limitation of liability under this subclause has effect in relation both to any liability expressly provided for under a given Contract and to any liability arising by reason of the invalidity or unenforceability of any term of such Contract.

13.4 Subject to the provisions of Clause 9.7, we shall have no further liability, whether under these Terms of Sale or any Contract or on any other basis including liability in tort (including without limitation, negligence) as a result of the provision of the Services.

13.5 Subject to the provisions of Clause 9.7, you accept that Activity Days will under no circumstances be held liable in contract, tort (including negligence) or otherwise for any loss or damage suffered or incurred by you or any of the Participants arising out of or in connection with the supply, non-supply or purported supply or delay in supplying any of the Activities by any of the Guides (including without limitation in relation to any equipment or clothing provided by any of the Guides).

13.6 Notwithstanding anything to the contrary in these Terms of Sale Subject to the provisions of Clause 9.7, we shall not be shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage (whether or not such loss or damage was foreseen, foreseeable, known or otherwise): (i) loss of revenue, (ii) loss of actual or anticipated profits, (iii) loss of contracts, (iv) loss of the use of money, (v) loss of anticipated savings, (vi) loss of business, (vii) loss of opportunity, (viii) loss of goodwill, (ix) loss of reputation, (x) loss of, damage to or corruption of data, or (xi) any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in subclauses (i) to (x) above); whether arising out of, or in connection with, or in relation to any services supplied under this Contract or the supply or nonsupply or purported supply or delay in supply of any services under this Contract or otherwise out of or in connection with or in relation to this Contract or any transaction or matter contemplated by it.

13.7 Non – Excludable Liability: We do not purport to limit or exclude any liability which may not be excluded or limited by applicable law including any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer (to the extent that such statutory rights of the consumer cannot be legally excluded or limited).

13.8 Force Majeure: Activity Days shall not be liable to you in contract, tort, (including, without limitation, negligence) or otherwise for any failure or delay in the performance of any of its obligations under any Contract which is caused by any matter which may be considered force majeure.

 

14 General

 

14.1:- Personal Insurance:- ActivityDays require that all clients hold travel Insurance whilst on a trip organised by the company. It is the responsibility of the ‘Lead Name’ to ensure that each member of their party has private travel insurance for the full duration of the tour. This must cover at a minimum medical expenses, injury, death, repatriation, cancellation and curtailment with adequate cover. In the event of emergency medical rescue and/or repatriation from a trip by whatever means, the responsibility of such costs will be borne by the client. It is therefore essential that adequate cover is in place. We strongly recommend that you take out an insurance policy at the same time as booking.   All luggage and personal equipment are, at all times, at your own risk. We will not be responsible whatsoever for any loss, damage to your luggage and/or personal equipment. We therefore recommend that your insurance policy includes cover for baggage and personal items.

14.2:- Changes to Terms- We reserve the right in our sole discretion to change these Terms of Sale at any time. Any such changes will take effect immediately when posted on this website (the “Site”) (see date at top). It is your responsibility to read these Terms of Sale on each occasion you place an order on or through the Site and your submission of an order shall signify your acceptance to be bound by the latest Terms of Sale.

14.3:- Jurisdiction- The Contract between you and ActivityDays is governed exclusively by the laws of Ireland and you accept that any dispute shall be determined by the Irish Courts.

14.4:- Assignment- We may at our absolute discretion assign the benefit of the Contract between you and the Company to any successors in title to the business of the Company, a third party at any time.

14.5:- Severance- If the whole or any part of a provision of this Agreement is or becomes illegal, invalid or unenforceable, then the provision so found shall be deemed severable and deleted from them.

14.6 These Terms and any non-contractual obligations arising out of or in connection with your use of the Site shall be governed by, and construed in accordance with, the laws of Ireland and the courts of Ireland shall have jurisdiction to settle all disputes that arise out of or in connection with the Terms and your use of the Site.

14.7 We may, at our discretion and without notice, amend the Terms from time to time, the most recent of which will be located on the Site.

14.8  We may, at our discretion and without notice suspend, terminate, modify or vary content available on the Site and restrict access to, and availability of, the Site.

14.8.2 If the whole or any part of a provision of this Agreement is or becomes illegal, invalid or unenforceable, then the provision so found shall be deemed severable and deleted from them.

14.8.3 We may, at our discretion assign or transfer any right, title or interest in this Site to any successors in title to our business or to a third party.

14.8.4 We shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

14.8.5. We will try to make our website available but cannot guarantee that our Site will operate continuously or without interruptions or will be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website router or any other internet connected device.

14.8.6 Both sides of this agreement are made subject to, and must be interpreted and enforced according to Irish Law in and Irish Court. ActivityDays.ie is a fully owned business of Activity Days Ireland Ltd

13 . Limitation of Liability

13.1 Activity Days warrants that it will provide the Services with reasonable skill and care.

13.2 Subject to the provisions of Clause 9.7, to the fullest extent permitted by applicable laws, all other warranties, conditions or terms relating to the Services whether implied by statute or common law or otherwise, are excluded.

13.3 Subject to the provisions of Clause 9.7and without prejudice to the provisions of Clause 9.5, our total liability in contract, tort (including, without limitation, negligence) or otherwise arising out of or in connection with or in relation to services supplied under a given Contract or the supply or nonsupply or purported supply or delay in supply of any services under such Contract or otherwise out of or in connection with or in relation to such Contract or any transaction or matter contemplated by such Contract shall be limited to the amount that is equal to the sum of the Activity Fees actually paid by you to us for the Services under that Contract and the Price actually paid by you to us under that Contract, in aggregate. Subject to the provisions of Clause 10, the limitation of liability under this subclause has effect in relation both to any liability expressly provided for under a given Contract and to any liability arising by reason of the invalidity or unenforceability of any term of such Contract.

13.4 Subject to the provisions of Clause 9.7, we shall have no further liability, whether under these Terms of Sale or any Contract or on any other basis including liability in tort (including without limitation, negligence) as a result of the provision of the Services.

13.5 Subject to the provisions of Clause 9.7, you accept that Activity Days will under no circumstances be held liable in contract, tort (including negligence) or otherwise for any loss or damage suffered or incurred by you or any of the Participants arising out of or in connection with the supply, non-supply or purported supply or delay in supplying any of the Activities by any of the Guides (including without limitation in relation to any equipment or clothing provided by any of the Guides).

13.6 Notwithstanding anything to the contrary in these Terms of Sale Subject to the provisions of Clause 9.7, we shall not be shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage (whether or not such loss or damage was foreseen, foreseeable, known or otherwise): (i) loss of revenue, (ii) loss of actual or anticipated profits, (iii) loss of contracts, (iv) loss of the use of money, (v) loss of anticipated savings, (vi) loss of business, (vii) loss of opportunity, (viii) loss of goodwill, (ix) loss of reputation, (x) loss of, damage to or corruption of data, or (xi) any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in subclauses (i) to (x) above); whether arising out of, or in connection with, or in relation to any services supplied under this Contract or the supply or nonsupply or purported supply or delay in supply of any services under this Contract or otherwise out of or in connection with or in relation to this Contract or any transaction or matter contemplated by it.

13.7 Non – Excludable Liability: We do not purport to limit or exclude any liability which may not be excluded or limited by applicable law including any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer (to the extent that such statutory rights of the consumer cannot be legally excluded or limited).

13.8 Force Majeure: Activity Days shall not be liable to you in contract, tort, (including, without limitation, negligence) or otherwise for any failure or delay in the performance of any of its obligations under any Contract which is caused by any matter which may be considered force majeure.

 

14 General

 

14.1:- Personal Insurance:- ActivityDays require that all clients hold travel Insurance whilst on a trip organised by the company. It is the responsibility of the ‘Lead Name’ to ensure that each member of their party has private travel insurance for the full duration of the tour. This must cover at a minimum medical expenses, injury, death, repatriation, cancellation and curtailment with adequate cover. In the event of emergency medical rescue and/or repatriation from a trip by whatever means, the responsibility of such costs will be borne by the client. It is therefore essential that adequate cover is in place. We strongly recommend that you take out an insurance policy at the same time as booking.   All luggage and personal equipment are, at all times, at your own risk. We will not be responsible whatsoever for any loss, damage to your luggage and/or personal equipment. We therefore recommend that your insurance policy includes cover for baggage and personal items.

14.2:- Changes to Terms- We reserve the right in our sole discretion to change these Terms of Sale at any time. Any such changes will take effect immediately when posted on this website (the “Site”) (see date at top). It is your responsibility to read these Terms of Sale on each occasion you place an order on or through the Site and your submission of an order shall signify your acceptance to be bound by the latest Terms of Sale.

14.3:- Jurisdiction- The Contract between you and ActivityDays is governed exclusively by the laws of Ireland and you accept that any dispute shall be determined by the Irish Courts.

14.4:- Assignment- We may at our absolute discretion assign the benefit of the Contract between you and the Company to any successors in title to the business of the Company, a third party at any time.

14.5:- Severance- If the whole or any part of a provision of this Agreement is or becomes illegal, invalid or unenforceable, then the provision so found shall be deemed severable and deleted from them.

14.6 These Terms and any non-contractual obligations arising out of or in connection with your use of the Site shall be governed by, and construed in accordance with, the laws of Ireland and the courts of Ireland shall have jurisdiction to settle all disputes that arise out of or in connection with the Terms and your use of the Site.

14.7 We may, at our discretion and without notice, amend the Terms from time to time, the most recent of which will be located on the Site.

14.8  We may, at our discretion and without notice suspend, terminate, modify or vary content available on the Site and restrict access to, and availability of, the Site.

14.8.2 If the whole or any part of a provision of this Agreement is or becomes illegal, invalid or unenforceable, then the provision so found shall be deemed severable and deleted from them.

14.8.3 We may, at our discretion assign or transfer any right, title or interest in this Site to any successors in title to our business or to a third party.

14.8.4 We shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

14.8.5. We will try to make our website available but cannot guarantee that our Site will operate continuously or without interruptions or will be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website router or any other internet connected device.

14.8.6 Both sides of this agreement are made subject to, and must be interpreted and enforced according to Irish Law in and Irish Court. ActivityDays.ie is a fully owned business of Activity Days Ireland Ltd

Activity Days Ireland 10 January 2024