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.
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.
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.
1.4 To Secure a Booking:-To secure a booking the Company requires the Booking Form to be completed. 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 Notice of Booking: The latest time by which you may submit an order for a given 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.
1.7 Confirmation of Booking – On receipt of the completed booking form and all necessary information, Activity Days will either accept or reject your booking within 7 days. 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.
1.8 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.
1.9 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.
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.
2. Payment
2.1 Deposit
2.1.1 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).
2.1.2 The Deposit is non-refundable in the event of cancellation for any reason whatsoever.
2.1.3 Please note that for a single non group booking, the full fee must be paid within 24 hours of the booking.
2.1.4 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 Commission – 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.
2.3 Activity Fees – 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.
2.4 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.
2.5 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.
2.6 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.
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 endeavour 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. If a payment is not made in euro, a 3% surcharge will be applied.
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. Intellectual Property
7.1 You agree and acknowledge that all intellectual property including but not limited to, 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.
7.2 You may not copy, 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 and Activity Days makes no representation or warranty in connection with same. Nothing on this website or contained in these terms shall constitute a licence to use the Intellectual Property.
7.3 The design of the Site, text, graphics, photographs, content and software thereof are copyright of Activity Days.
7.4 You agree to indemnify, defend and hold harmless Activity Days, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your use of the Website, your breach of these terms of use, and/or the terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
8. Site Links
8.1 The Site may contain links to other websites. Activity Days 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.
8.2 If you decide to access any of third party websites linked to the Site, you do so entirely at your own risk. Activity Days makes no representation or warranty whatsoever about any other website which you may access through the Site.
8.3 Activity Days 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.
8.4 If you would like to create a link to this Website, you may only do so with our prior written consent.
8.5 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.
9. Limitation of Liability
9.1 Activity Days warrants that it will provide the Services with reasonable skill and care.
9.2 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.
9.3 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.
9.4 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.
9.5 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).
9.6 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.
9.7 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).
9.8 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.
10. Data Protection
10.1 Activity Days is fully compliant with the General Data Protection Regulation. We may process your personal data in accordance with our privacy policy. By completion of the booking, you are deemed to have accepted the terms of our privacy policy. Please view our privacy policy here.
11. Complaints
11.1 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 within 14 days of the end of the tour. The Company shall investigate the complaint.
12. General
12.1 Transport:
12.1.1 Each Customer is responsible for arranging their own transport to the designated start point for each tour. The company cannot accept any liability for any delay/cancellation in your transportation.
12.1.2 The Company may arrange transport on your behalf as part of a tailored package at your specific request. Activity Days will confirm whether they are in a position to make transport arrangements on receipt of such request and shall have no obligation to accept such a request. In that event, the customer will chose the transport service based on the options available on the date of the request. Activity Days will confirm the cost of the transport including basic insurance and rental fees only and issue a quotation to you on that basis. You are obliged to confirm your acceptance of the quotation prior to Activity Days finalizing the booking with the third party transport provider. You acknowledge and accept that this service is not provided directly by Activity Days and Activity Days shall have no responsibility or liability whatsoever for the arrangement of transport on your behalf, or any matter relating thereto. You will be obliged to enter into a separate agreement with the transport provider prior to obtaining the transport. If you wish to add additional insurance cover, satellite navigation, baby seats or other additional items you must liaise directly with the transport provider.
12.2 Photographs & Illustrations
12.2.1 All photographs, pictures and other illustrations and descriptions are provided for information purposes only. Activity Days makes no representation or warranty, express or implied in respect of them.
12.3 Accommodation
12.3.1 Each Customer is responsible for arranging their own accommodation. The company cannot accept any liability for any cancellation in your accommodation.
12.3.2 The Company may arrange accommodation on your behalf as part of a tailored package at your specific request. Activity Days will confirm whether they are in a position to make accommodation arrangements on receipt of such request and shall have no obligation to accept such a request. In that event, the customer will chose the accommodation based on the options available on the date of the request. Activity Days will confirm the cost of the accommodation and issue a quotation to you on that basis. You are obliged to confirm your acceptance of the quotation prior to Activity Days finalizing the booking with the third party accommodation provider. Full payment must be paid by the Customer within 24 hours of acceptance of the quotation. If the accommodation forms part of a tailored package, then payment must be made for that part of the package which relates to accommodation within 24 hours. You acknowledge and accept that this service is not provided directly by Activity Days and Activity Days shall have no responsibility or liability whatsoever for the arrangement of accommodation on your behalf, or any matter relating thereto.
12.4 Independent Travel:– Activity Days are not responsible for any independent travel undertaken during your trip.
12.5 Personal Insurance:– Activity Days require that all clients hold travel Insurance whilst on a trip organized 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.
12.6 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.
12.7 Jurisdiction – The Contract between you and Activity Days is governed exclusively by the laws of Ireland and you accept that any dispute shall be determined by the Irish Courts.
12.8 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.
12.9 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.
Dated 15th day of April 2019