Terms and conditions

Credit card payments in favor of The Irish Experience are collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland ("TREKKSOFT"). TREKKSOFT will appear as THE IRISH EXPERIENCE on your credit card statement. The domain where you enter and process your payment is owned and operated by TREKKSOFT.

Please send an e-mail to finance@trekksoft.com for all inquiries regarding your credit card payments and chargebacks.

PLEASE READ CAREFULLY. 

Note : Please arrive at least 15 minutes before tour start time. If your tour has already left you are not entitled to a free reschedule or any refund.

Meeting Point : The Irish Experience / Hook Head Adventures Booking Office, Main Street, Fethard On Sea, New Ross, County Wexford.  Eircode Y34 P778

What to Bring : (1.) Bottle of water*. (2.) Runners/Trainers you don't mind getting wet or Wet Suit Booties* / Aqua Shoes*. (3.) Shorts or bathing suit for under your wetsuit if applicable to your tour (Please avoid cotton). (4.) Towel for after* (5.) Extra food e.g bar*, nuts, flapjack etc. (6.) Sunglasses* (7.) Sun cream*.

*Sold or Rented in the booking office. 

1.1 By booking an activity/tour with us you are deemed to have agreed to these booking conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis.  

1.2 A booking is only secured once full payment is received and The Irish Experience has sent email or written confirmation.

1.3 If we accept your booking we will issue a booking confirmation ticket. A contract will exist between us from the date we issue the booking confirmation ticket.

1.4 It is the responsibility of the client to make sure the activity/tour dates booked are accurate.

1.5 Activity/Tour Requirement: All activity/tours must have a minimum of 3 persons in order to run.#

1.6 There is no guarantee that the activity/tour will enter a cave. The tour route is dictated by sea and marine conditions. The best route is detemind by your guide on the day. 

 

8. Cancellation or amendments 

Weather - Cancellations by us due to weather will result in a free tour reschedule for you or your group to a date which suits both parties 

8.1 All cancellations must be received in writing to The Irish Experience and confirmed by The Irish Experience.

Refunds calculated on number of days notice -   28 Days or more : Full amount paid minus a €12 administrative fee.   21-28 Days : 70% of full amount. 15-21 Days : 50% of full amount. Less than 14 Days : No refund. 8.2 At the discretion of The Irish Experience management, clients who cancel from 14 or more days in advance will be able to reschedule an activity/tour for a NO fee. Subject to availability.

8.3 Refunds will be calculated from the day the notification of cancellation is received. Refunds are based on the above chart.

8.4 Clients are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees.

8.5 If the client leaves an activity/tour for any reason after it has commenced we will not make any refunds for unused or underused services. No refund will be made if the client fails to join an activity/tour, join it after its designated departure date, or leave it prior to its completion.

8.6 We may cancel an activity/tour at any time before departure due to weather conditions or any other reason.

9. Changes by The Irish Experience 

9.1 The Irish Experience reserves the right to vary, modify or cancel any itinerary, either partially or fully.

In the event of cancellation of an activity/tour by The Irish Experience a full refund or alternative travel arrangements will be offered to all clients booked onto the activity/tour.

If access to any county or area is prohibited for reason beyond The Irish Experience control the client will be entitled to choose between accepting the change, accepting an alternative activity/tour if The Irish Experience cannot offer substitute services or a refund. The amount of the refund will be pro-rated based on the total number of activity/tour days already done.

We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by the client. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as non-refundable flights.

Under no circumstances will The Irish Experience be held responsible for weather conditions. No booking can be cancelled or amended on the basis of weather conditions.

We accept no responsibility for weather conditions that may affect the delivery and implementation of our itinerary.

10. Clients Travelling

Clients must observe the laws and regulations of the countries visited, including customs and foreign exchanges restrictions. If the client does not, they may be asked to surrender their The Irish Experience ticket. This may be cancelled without refund.

In the interest of safety there may be times when a The Irish Experience r presentative has to make a decision. It is a condition of booking that the client must comply with the authority and decisions of the appointed The Irish Experience representative. If the client does not comply with The Irish Experience representative and are not compatible with the general enjoyment and well-being of the members of the activity/tour, The Irish Experience reserves the right to exclude the client from continuing the activity/tour. In such a case, The Irish Experience will not be liable for any refund, compensation or any additional costs incurred by the client. The Irish Experience cannot accept responsibility for the behaviour of others on an activity/tour nor if curtailed as a result.

The client appreciates and acknowledges that the nature of this type of activity/tour requires considerable flexibility and they should allow for alternatives. The itinerary provided for each activity/tour is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

Our activities/tours are guaranteed to depart once they have 6 fully paid participants. Many of our activities/tours are designed to fit with other departures to create a longer “combination” trip; this means that some of your group may have already been travelling together for some time when the client commences their activity/tour. If the client would like to know how many people are booked on the activity/tour or any combination activity/tour, please don’t hesitate to ask us prior to making the booking.

If there are insufficient numbers on a tour, The Irish Experience shall provide alternative transportation for all or part of a tour route. We will notify guests of such changes in advance.

If traveling with children under 5 years of age, you must inform the company in advance (at least 24hours) so arrangements can be made to facilitate travel e.g child seat on bus.

We highly recommend that clients don't carry valuable items with them (e.g phones) on any of our water based activities as we are not responsible for any accidents arising from any damage to said items in the course of the tour.

11. Client responsibilities

The client acknowledges that the nature of the activity/tour is adventurous and participation involves a degree of personal risk. It is also the responsibility of the client to acquaint themselves with all the relevant activity/tour information and the nature of their itinerary. The the client acknowledges that the decision to partake is made in light of consideration of this information and the client accepts that they are aware of the personal risks attendant upon such participation.

The Irish Experience must be advised of any medical conditions, or physical disability of the client that requires special attention when the Agent makes a booking.

When a client is booked with Wild ‘N’ Happy, they accept responsibility for any damage or loss they cause. Full payment for any such damage or loss must be paid at the time direct to the owner or manager or other supplier. If a client fails to do so, s/he will be responsible for meeting any claims (including legal costs) subsequently made against The Irish Experience as a result of his/her actions.

Clients are expected to be respectful to other activity/tour members and people around them. Failure to do so may result in their being asked to leave the activity/tour by the Group Guide, with no right of refund. It is also in our rights not to carry the client on any future activity/tours booked. The client must at all times comply with the laws, customs and laws of the country, and they also agree to participate in accordance with our responsible travel guidelines.

There is a strict no smoking policy at any time whilst travelling on The Irish Experience touring vehicles or while engaged in activities conducted under The Irish Experience on an activity/tour. If the client does not comply with the no smoking policy and are not compatible with the general enjoyment and well-being of the members of the activity/tour, The Irish Experience reserves the right to exclude the client from continuing the activity/tour. In such a case, The Irish Experiencewill not be liable for any refund, compensation or any additional costs incurred by the client. The Irish Experiencecannot accept responsibility for the behaviour of others on an activity/tour nor if any activities are curtailed as a result.

12. Limitation of liability   

12.1 We will accept liability for the negligence of our staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under the applicable law. Our obligations, and those of our suppliers providing any service or facility included in an activity/tour, are to take reasonable skill and care to arrange for the provision of such services and facilities. This acceptance of liability is subject to clause c. below. 12.2 In other circumstances we are responsible to you for the proper performance of this contract. This acceptance of liability is subject to clause c. below. 12.3 We shall not be liable for any damage or loss if the failure to carry out the contract is:

attributable to you.

attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.

due to unforeseen and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had to be exercised.

due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure.

due to an event which we, even with all due care, could not foresee or forestall.

12.4 Except in cases involving death, injury or illness, any liability covered under clause b. above is limited to 3 times the price paid. In the case of damaged property the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases the Company specifically excludes all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.

12.5 Where your activity/tour arrangements involve travel by air, rail or sea, or hotel accommodation, the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955, Bern Convention 1961, Athens Convention 1974 and Paris Convention 1962. We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions.

12.6 Our acceptance of liability in clauses a and b above is subject to assignment by you of your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury. 12.7 Flight Notice, Flight Information and EU Blacklist.

This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between the carrier(s), us and you, nor part of a claim. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice.

Air carrier liability for passengers and their baggage:

This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montréal Convention. 

Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £80,000 / €120,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately £13,000 /€19,300).

Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300 / €5,000).

Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800/€1,200).

Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800) In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.

Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.

In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at www.air-ban.europa.eu. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our website. The airline may use wide and narrow-body jets. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.

13. Complaints by clients

13.1 The Agent shall immediately inform the Principal of any observations or complaints received from customers in respect of the Activity/Tour. This must be put in writing to us within 30 days of the end of the Activity/Tour. The parties hereto shall deal promptly and properly with such complaints.

14.  Contract law

14.1 Any dispute arising out of or on connection with the present contract shall be finally settled in accordance with the Courts of the Republic of Ireland only.

14.2 The courts shall apply the provisions contained in this contract and the principles recognized in international trade as applicable to international agency contracts, with the exclusion – subject to article 14.3 hereunder – of national laws. Since the Agent is headquartered in the EEC, the mandatory provisions of the EEC Directive of 18 December 1986 shall also apply.

14.3 The courts shall in any case consider such mandatory provisions of the law of the country where the Agent is established which would be applicable even if the parties submit the agreement to a foreign law. The courts may take the above provisions into account to the extent they embody principles that are universally recognized and provided their application appears reasonable in the context of international trade and/or appear to be relevant for the enforcement of the judgment award.

15. Modifications – Nullity

15.1 In the event that any term or condition contained in this contract is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

15.2 No addition or modification to this contract shall be valid unless made in writing. However, a party may be precluded by his conduct from asserting the invalidity of additions or modifications not made in writing to the extent that the other party has relied on such conduct.

15.3 The nullity of a particular clause of this contract shall not entail the nullity of the whole agreement, unless such clause is to be considered as substantial, i.e. if the clause is of such importance that the parties (or the party to benefit of which such clause is made) would not have entered into the contract if it had known that the clause would not be valid.

16. Photos, Marketing and Web Cookies

16.1 By taking part in our activities/tours the client consents to us using photos and/or videos of the client for advertising and promotional purposes in any medium we choose. The client grants us a permanent, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

16.2 We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

17. Privacy Policy  

We collect information about the client for 2 reasons: firstly, to process their booking and second, to provide them with the best possible service. The personal information requested by the company at the time of booking plus any subsequent information is held in its original form and on computer. The information is required to assist the company, employee and any subcontractors to deliver the activity/tour and in maintaining the company’s high standards of delivery.

By providing us with the information to process the client’s booking they are agreeing that the information can be kept and accessed by authorised company personnel. We will never pass on your personal details or payment details to any third party. We will otherwise treat the client’s details in accordance with our privacy policy.

18. Revising of terms and conditions  

The Irish Experience reserves the right to revise and/or alter these terms and conditions at any period, and it is the client’s responsibility to be familiar with them. The latest terms and conditions can always be found on our website www.wildnhappy.ie and will replace any preceding editions.