TERMS OF SALE CURTIS AND HOOPER
1. Terms of Sale for CurtisandHooper.ie:
(a) “Activity” means any guided leisure activity to be provided by the Guide selected by Curtis and Hooper.ie which Curtis and Hooper.ie has offered to arrange for you by submitting a Booking Request to such Guide;
(b) “CurtisandHooper.ie”/ “we”/ “our”/ “us”/ “Curtis and Hooper” are references to a website offering of Activity Days Ireland Limited;
(c) “Packages or Bespoke Tours” We offer Tour Package’s or Tailor Made Tours to clients at Curtis and Hooper. A tour Package is the exact offering, and can have a pre or post night added to the cost of the package. The Tailor Made Tour is as requested by the client. We ask a client for their requirements for a Tailor Made Tour and give a range of options to meet their requests.
(d) “Booking” means in relation to a given Activity, any Booking Request which is accepted or deemed accepted by the Guide selected by us for that Activity under our contract with that Guide;
(e) “Booking Confirmation” means in the confirmation of the booking of an Accommodation, Transport and Activity including the request of CurtisandHooper.ie and the obligation of you to pay for the such accommodation, transport and activity. This is sent after a booking deposit of 30% of the full price of trip for all members of the group is paid for. IF this is not paid within 7 days of the offering the price may change, especially in high season.
(f) “Booking Form” means the online form provided on the Site by CurtisandHooper.ie through you are to submit orders for packages of accommodation, transport and activity or a tailor made package;
(g) “Booking Request” means the request submitted by CurtisandHooper.ie to the type of accommodation -Hotel, Country House, Bed & Breakfast, Self- Catering or Glamping, Transport - Car Hire company, Chauffeur, Bus with Driver; or Guided activity as part of a group or private guide as specified and provide the Activity you have ordered;
(h) “Cancellation Event” means an act of God including but not limited to fire, flood, earthquake, windstorm or other natural disaster; an act of any sovereign including but not limited to war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of government sanction embargo or similar action; law, judgment, order, decree, embargo, blockade; labour dispute including but not limited to strike, lockout or boycott; interruption or failure of utility service including but not limited to electric power, gas, water or telephone service; adverse weather conditions; illness of the Guide; mechanical failure of any necessary equipment including without limitation engines on boats; inability of the Guide for a given Activity by reason of injury or otherwise to provide such Activity in accordance with applicable laws and regulatory requirements (including health and safety laws) or any other event or circumstances beyond the reasonable control of CurtisandHooper.ie or the Guide;
(i) “Contract” has the meaning given to it in Clause 3.5 below;
(j) “Fees” means the administration fee in the total amount payable for booking each activity and will be included in the total cost of the Package or Tailor Made Tour
(k) “Good Industry Practice” means, in relation to any undertaking and any circumstances, the exercise of that degree of skill, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced operator engaged in the same type of undertaking under the same or similar circumstances;
(l) “Accommodation” provided will be in Hotel (Superior and 3-4 Star rating), Bed and Breakfast (Standard) or Self Catering ( Best available) as chosen by CurtisandHooper.ie. The accommodation is usually twin or double rooms for 2 people sharing. If a triple or family room is requested we will contact the accommodation provider to see if they can provide same, with a alteration to the cost of the package. Single room requests can be made but a single room supplement will apply. A Voucher from CurtisandHooper.ie must to be presented to the accommodation provider on arrival to ensure entry to the room and for each night of accommodation. We are not liable for any difficult which occurs when staying in the property.
(m) “Transport” maybe car hire, mini-bus or chauffeur driven car depending on the client’s requirements. Curtis and Hooper is liable for booking the transport. The client is liable for the use of the transport and must sign for responsibility for the car hire, according to the terms of the individual car hire company. A Voucher must be presented to the car hire company, chauffeur or mini-bus company prior to travel. It must be clear the any driver hired with transport is entitled to breaks and have a daily limit on driving, as stated by the Department of Transport, Tourism and Sport. is not included and must be recorded as other work. Drivers must take breaks
(n) “Guide” means in relation to a given Activity, the supplier of that Activity selected by CurtisandHooper.ie;
(o) “Health and Difficulty Form” means the form to be completed in respect of the physical and mental condition in relation to each Participant contained in the Booking Form;
(p) “Participant” means in relation to a given Activity in respect of which you submit an order, the persons specified by you in the Booking Form submitted by you for that Activity who are to participate in that activity;
(q) “Price” means in relation to a given Package or Tailor-Made Trip the price payable for that Activity as set by the Guide for that Activity and set out on the Site from time to time;
(r) “Services” means the service of arranging for the provision of the Activities by submitting Booking Requests for them to the Guides;
(s) “Site” means this website ; and
(t) “you”/ “your” are references to the person who submits the order for a given Activity or if that person is acting on behalf of a business such person and that business and be referred to as the ‘Lead Client’
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.
3.1. These Terms of Sale shall apply to all Contracts for the sale of Services on or through the Site to the exclusion of all other terms and conditions and subject to any other rules and restrictions which are made available to you and which you accept at the time your order is placed. It is your responsibility to familiarise yourself with our terms, policies and any other rules and restrictions.
3.2. By placing an order on or through the Site you are offering to purchase the Services specified in your order on and subject to these Terms of Sale.
3.3. You may not amend the details of any order submitted by you to us without our agreement in writing.
3.4. All orders must be submitted using the Booking Form. CurtisandHooper.ie is available for orders Monday - Saturday 10 am to 5 pm GMT or by arrangement by email. You may contact Curtis and Hooper by telephone Monday- Friday 10 am - 5 pm only for advice and information. Phone calls can be made by CurtisandHooper to you at other times, to suit the time zone differences and can be agreed by email in advance. The latest time by which you may submit an order for a given package is 90 days before the time specified by you in your order for the commencement of that trip. To avoid disappointment, we recommend that you submit your order at least 14 weeks in advance. During the summer season many visitors to Ireland and London request Activities and Accommodation all of which have limited places, so book well in advance of arrival to avoid disappointment. We can take orders for Packages up to 18 months in advance. For details of Payment for Packages or Tailor Made Trips look at 3.8. below
3.5. We reserve the right to reject any order submitted by you and may communicate such rejection by such means as we see fit.
3.6. These Terms of Sale, together with each individual order not rejected by CurtisandHooper.ie, constitute a Contract for the sale of the Services by CurtisandHooper.ie to you. Each Contract in respect of each individual order is individual and separate from any other contract entered into by CurtisandHooper.ie and you from time to time. If people wish to travel together in one group then one contract will be issued for that trip.
3.7. If we do not reject your order for a given Activity, we will submit a Booking Request to the Accommodation, Transport provider and Guide selected by us for that Activity no later than 2 weeks the scheduled commencement time for such activity.
3.8. Upon a Booking having been made for a given Package or Tailor-Made Trip which you have ordered, we will request you to confirm your order by email to us and to pay to us the total Price and Fees payable in respect of such order in full. If you do not:
(a) confirm your order by email to us;
(b) pay to us in full both the total Price and Fees payable in respect of such order;
within the time limit and by the payment method specified in our request your order shall be deemed cancelled. Payment for trips are as follows: deposit of 30% on booking which is non- refundable, with the remainder paid in full 13 weeks prior to arrival. If a booking is made less than 13 weeks prior to departure payment in full will be needed to confirm the booking.
3.9. The selection of the Accommodation, Transport or Guide to provide any Accommodation, Activity, Car Hire or other Transport in respect of which an order has been submitted is at the sole discretion of CurtisandHooper.ie. Any requests you make will be passes on to the providers but we do not guarantee they will be honoured in full. The selection by CurtisandHooper.ie of any of the Guides does not constitute an endorsement by Curtis and Hooper of that Guide and no representation, warranty or undertaking is given by CurtisandHooper.ie as to the skill and the competence of that Guide
4.1. Cancellation before you before submission of a Booking Request
You shall have the right to cancel any order submitted by you for a given Package or Tailor-Made Trip by email notice to the email address designated by us on the Site at any time prior to our submitting the Booking Request to the provider for that Activity.
4.2. Cancellation before you after submission of a Booking Request
(a) You acknowledge and agree that upon submission by CurtisandHooper.ie of a Booking Request for your order:
(i) the Services shall have been performed in full by CurtisandHooper.ie;
(ii) such performance shall have begun with your prior express consent; and
(iii) you shall have no right to cancel any Package or Tailor-Made Trip which is the subject of your order except as provided for in Clause 4.2(b) below.
(b) You shall have the right to cancel any order submitted by you for a given Package or Tailor-Made Trip by email notice to the e-mail address designated by us on the Site no later than 13 weeks before the time scheduled for the commencement of such Package or Tailor-Made Trip.
(c) You acknowledge and agree that if you submit an order for a Package or Tailor-Made Trip less than 13 weeks before the scheduled commencement time for such trip or Activity, you shall have no right to cancel your order in so far as it relates to such accommodation, transport or Activity.
(d) Within 7 days of the receipt by us of such email notice, we shall refund to you such portion of the Price for the Package or Tailor-Made Trip in respect of which your order has been cancelled in accordance with Clause 4.2(b) as you have actually paid to us at the date of such cancellation. No amount of the Fees paid by you to us shall be refundable by reason of such cancellation. No refund will be made on the deposit paid for the Package or Tailor-Made Trip, as this will cover the cost of work completed by our staff. Some services are booked and paid for well in advance of your trip. We always recommend a Trip insurance to be take out at time of booking.
(a) You acknowledge and agree that your order for a given part of a Package or Tailor-Made Trip may be cancelled if:
(i) by reason of a Cancellation Event or otherwise it is not possible for the Guide for such Activity to provide such Activity in accordance with the Booking which has been made for such Activity; or
(ii) The activity is cancelled due to adverse weather. We will try to re-schedule the activity if the time allows and weather improved.
(iii) CurtisandHooper.ie ( Activity Days Ireland Ltd) contract with the Guide for that Activity terminates before the scheduled commencement time for such activity. We will endeavour to replace this guided activity with a similar activity during your trip.
(b) Within 7 days of such cancellation, we shall refund to you such portion of the Price for the Activity in respect of which your order has been cancelled in accordance with Clause 4.3(a) as you have actually paid to us at the date of such cancellation. The remainder of the Package or Tailor-Made Trip will be paid for in full. No amount of the Fees paid by you to us shall be refundable by reason of such cancellation.
4.4. European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013You acknowledge and agree that the cancellation right in Regulation 13 of European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. 484 of 2013) shall not apply to any Contract.
5.1. Each amount stated payable by you to CurtisandHooper.ie under these Terms of Sale:
(i) shall be paid in Euro; we do have a currency calculator on the site for your benefit. The deposit money paid will at the daily rate as shown on the cost calculator for the day of booking. The remainder of the money due will be at the rate of the day when paid via our payment partner Stripe.
(ii) shall be paid in such manner as CurtisandHooper.ie may from time to time stipulate. The present options are via Credit Card, via Strip payment link or Bank Transfer on request.
(iii) be free of all withholdings of whatsoever nature except to the extent otherwise required by law, and if any withholding is so required, you shall pay to CurtisandHooper.ie an additional amount such that after deduction of all amounts required to be withheld, the net amount actually received by CurtisandHooper.ie shall equal the amount which CurtisandHooper.ie would have received if the relevant withholding had not been required.
6.1. Whilst we try and ensure that all details, descriptions and prices which appear on the Site are accurate, errors may occur. If we discover an error in the Price of any Packages or Bespoke Trip we shall endeavour to inform you of this as soon as possible and give you the option of reconfirming your order for that Package or Tailor-Made Trip at the correct price or cancelling it.
If we were unable to contact you we shall treat the order for that Packages or Tailor-Made Trip Trip as cancelled and shall refund such portion of the Price for the Packages or Tailor-Made Trip in respect of which your order has been cancelled as you have actually paid to us for the Packages or Tailor-Made Trip which are cancelled.
6.2. All Prices and Fees advertised on the Site are subject to change and are from a stated price.
6.3. All Prices and Fees are inclusive of VAT.
6.4. You represent, warrant and undertake that there are sufficient funds on the credit or debit card which you use to place your order to cover the total amount payable by you for the Packages or Tailor-Made Trip which you have ordered.
7.1. When placing an order you warrant, represent and undertake that:
(a) you have the consent and authority to act for and on behalf of all Participants who are included in any order submitted by you; You will be referred to as the ‘Lead Client’ and all contact with the group or party will be through your email
(b) you are at least 21 years of age;
(c) all Participants on whose behalf you submit an order are 10 years of age or older for most activity; that you are their guardian. If not the guardian advise CurtisandHooper of this matter and we will provide forms for Guardians to sign to allow the Lead Client to be their guardian on the trip.
(d) you have the consent and authority to act for and on behalf of all Participants who are included in any order submitted by you;
(e) all information (including but not limited to the Health and Difficulty Form) you provide to us is true, complete and accurate;
(f) you are legally authorised to enter into contractual obligations; and
(g) you are an authorised user of the credit or debit card used to place your order.
(h) All Vouchers for Accommodation, Transport and Guided Activity will be sent to you. It is your responsibility to print off the vouchers and present to the Accommodation provider, Transport provider and Guided Activity.
It is your responsibility as Lead Client (and not our responsibility or the responsibility of the Guides) to update us with any changes to any information that you have submitted to us by emailing us at the email address specified on the Site.
7.2. You shall not submit an order for a Packages or Tailor-Made Trip without having duly completed the Health and Difficulty Form in relation to each Participant. Without prejudice to the foregoing, you shall inform CurtisandHooper.ie at the time at which you submit your order for a given Packages or Tailor-Made Trip if any of the Participants is wheelchair-bound, pregnant, have a back condition, has a heart condition or broken limbs or otherwise has any special physical or intellectual needs. Certain activities will suit these people more than others
8.1. You shall and you shall procure that, all Participants for whom you have submitted an order for an Activity shall comply with the provisions of this Clause 8.1.
(a) Booking Confirmation: You shall print off the Booking Confirmation Voucher’s and bring it with you and present it to the local Accommodation provider, Transport provider or Guide prior the start of any activity. The Accommodation provider, Transport provider or Guide are entitled not to proceed with any transaction in respect of which a print out of the Booking Confirmation Voucher is not presented to him or her. No refund of any amount paid shall be payable by reason of the Guide not so proceeding.
(b) Transport by Driver: The European Rules on Drivers Hours states that the daily hours do not exceed 9 hours. Driving time does not include loading and unloading transport. Drivers must take breaks of at least 45 minutes during or after a maximum of 4.5 hours of driving. The break can be split into two periods, one of at least 15 minutes followed by one of at least 30 minutes. Even if the first break is longer than 15 minutes, the second must be a minimum of 30 minutes. Drivers must have at least 11 hours of consecutive hours of daily rest. Please exercise caution when making changes to these timings, particularly in regarding stops after long journeys and evening trips for the driver. You can ask Curtis and Hooper if a particular alteration to a trip can be made.
(c) Age and Height Restrictions:
(i) All Participants in an Activity shall be 10 years of age or older. CurtisandHooper.ie shall not be obliged to accept any order for a Participant under the age of 10. The Guides shall have the right to refuse to allow any Participant to participate in an Activity if that Participant is not at least 10 years of age. No refund of any amount paid shall be payable by reason of such refusal. If people under 10 years of age are on a trip the parents can request activities which are safe for them to take part in, under parents supervision.
(ii) All Participants in an Activity under 18 years of age shall be accompanied by a parent or guardian or teacher (who must have written permission from the Participant’s parents for participation). There is a form for each person under 18 to be completed and sent via email to CurtisandHooper.
(iii) All Participants for whom an Activity is ordered shall be no less than 1 meter or 3 feet and 3.5 inches in height.
(d) Health and Safety:
(i) No order will be accepted without the Health and Difficulty Form having been duly completed by you in relation to you and all Participants.
(ii) You acknowledge on your own behalf and on behalf of all Participants that CurtisandHooper.ie is not responsible for the safety of any Participant while participating in any Activity.
(iii) You warrant, represent and undertake that you and all Participants for whom you have submitted an order for a given Activity are in good mental and physical health and you are unaware of any reason why you or any of them may be particularly unsuited to taking part in that Activity. You acknowledge on your own behalf and on behalf of all Participants that all Participants in an Activity recognise it as containing an element of risk and that such risk is beyond the control of CurtisandHooper.ie.
(iv) You acknowledge on your own behalf and on behalf of all Participants that such Activity carries with it a danger of personal injury or death. You acknowledge that you are aware of and accept and will procure that all Participants are made aware and accept, these risks and will responsible for their own actions and involvement. All Participants must be aware of this and accept the risks associated with these activities. Personal accident, liability and cancellation insurance for each Participant is to be taken out before the trip by each person. This is not the responsibility of CurtisandHooper.ie.
(v) The Guide has the right to refuse to allow Participants to participate in a given activity when, in the opinion of the Guide acting reasonable, such Participant is not in a suitable physical condition to participate in such Activity and no refund of any amount paid shall be payable by reason of such refusal.
(vi) Some Activities might not be suitable for persons who have a back condition, a heart condition, broken limbs or who are pregnant (including but not limited to sea safaris, kayaking and in the case of broken limbs, activities involving walking) No Participant who is pregnant, has a back condition, has a heart condition or broken limbs shall be permitted to participate in such an Activity and you shall not submit any order for such Participant in relation to such an Activity. The Guides shall have the right to refuse to allow any Participant who is pregnant, has a back condition, has a heart condition or broken limbs to participate in any such Activity and no refund of any amount paid shall be payable by reason of such refusal.
(vii) No Participant for whom an Activity is ordered shall bring a child in a buggy with them to that Activity. The Guides shall have the right to refuse to allow any Participant who brings a buggy with them to the Activity to participate in an Activity and no refund of any amount paid shall be payable by reason of such refusal.
(viii) All Participants in any Activity shall listen carefully to and take instruction from, the Guide and its personnel. In the case of a Participant under the age of 18 years, he or she shall also take instructions from the parent, guardian or teacher (as applicable accompanying him or her).
(ix) To the fullest extent permitted by applicable laws, any charges for any ambulance, coast guard or other emergency service called to tend to a Participant during an Activity shall be borne by that Participant or their insurance and shall not be borne by CurtisandHooper.ie or the Guide.
(x) You must inform CurtisandHooper.ie prior to the submission of your order for an Activity of any Participant who has special physical or intellectual needs and the nature of those needs. If you submit an order for an Activity without first explaining such needs in sufficient detail to enable CurtisandHooper.ie and the Guide to determine whether or not the Activity is suitable for that Participant, your order in so far as it relates to that Participant shall be cancelled and no refund shall be payable by reason of such cancellation.
(xi) You shall advise CurtisandHooper of the needs of any Participant for an Activity who uses a wheelchair prior to submitting an order. Some accommodation has limited wheelchair access and we need to ensure the bedrooms are available. Transport requirements will need to allow for the wheelchair, and we will be guided by the transport company. Some guided activities have adapted facilities while others may need manpower to help the wheelchair-bound person on a boat or may not be safe for use by him or her. We have knowledge of the boast suited to Wheelchair users, thought the number of wheelchairs on any boat is limited for safety reasons. No wheelchair-bound Participant for an Activity shall be permitted to participate in and you shall not submit any order for such Participant in relation to surfing, kayaking activity as his or her safety cannot be ensured. The Guides shall have the right to refuse to allow any Participant in a wheelchair to participate in such Activities if CurtisandHooper.ie has not been advised at the time you submit the order for such Activity that such Participant is wheelchair-bound and no refund of any amount paid shall be payable by reason of such refusal. We wish to be inclusive and to aid any individual in a group who has limited mobility.
(xii) You shall wear and you shall procure that each Participant for an Activity wears, appropriate clothing and footwear for such Activity. You shall procure that all Participants for an Activity involving walking or birdwatching trips wear walking shoes only. Runners, flip flops and open-toed footwear which do not support the foot are not acceptable. The Guides shall have the right to refuse to allow any Participant who is not appropriately dressed to participate an Activity and no refund of any amount paid shall be payable by reason of such refusal. We are happy to advise you where you can buy appropriate footwear and clothing in the area where you are staying.
(xiii) It is recommended that long socks be worn under trousers for many Activities as trousers can be tucked into the socks. This is particularly (including but not limited to) the case for cycling, hill walking and birdwatching. This will ensure you are not bitten by ticks, which can carry Lyme’s disease.
(xiv) As the weather can be changeable very suddenly in Ireland warm, lightweight fleeces which close up to the neck, as well as rainproof clothing including coats should be worn by all Participants in an Activity. All Participants in an Activity should allow for a change in temperature and bring enough warm clothing.
(xv) Swimwear and towels may be needed for water-based Activities. All Participants for an Activity should bring a change of clothing wrapped in plastic if they expect to get wet. Please ask accommodation providers for the towels specifically for outdoor activity, rather than use the ones with the Bedroom accommodation.
(xvi) In warm weather, the sun can burn the skin easily. All Participants for an Activity should bring sun cream, hats and long-sleeved tops to protect against sunburn.
(xvii) It is recommended that Participants for an Activity bring a backpack instead of a handbag. A backpack is easier to carry, does not cause a person to lose balance and can carry a lot of clothing and other essential supplies.
(xviii) Each Participant for an Activity which is to last two hours or longer should bring bottled water and a snack with him or her.
(e) Equipment: For some Activities, specific equipment or gear might be required. Unless you are otherwise informed by CurtisandHooper.ie or the Guide, you (and not Curtis and Hooper.ie or the Guide) shall be responsible for bringing such equipment or gear with you and you shall procure that all Participants do likewise. The Guide shall have the right to refuse to allow a Participant to participate in a given Activity and no refund of any amount paid shall be payable by reason of such refusal.
(f) Personal Equipment: CurtisandHooper.ie and its Guides do not accept liability for your personal equipment in case of loss, damage or breakage arising out or in connection with an Activity.
(g) Rental of Car Equipment: We can request GPS/Sat Nav’s devices or children’s car seat’s (look at Driving in Ireland)to be provided by the transport provider. You pay them directly on arrival in Ireland.
(h) Rental of Activity Equipment: Golf clubs (men’s, ladies or left-handed) and a bag of top quality brands can be hired for your full trip to Ireland by CurtisandHooper.ie. You must specify the type of clubs required on the booking form. There is a daily rental rate for the club’s payable to CurtisandHooper.ie and as a security deposit the Golf Club rental company ask for your security club details of €500 as a deposit. You are responsible for collecting the clubs from premises near the airport and returning the clubs to the company offices in Cork, Limerick or Dublin prior to departure from Ireland.
(i) Food and Water: You shall bring your own food and water with you and you shall procure that all Participants do likewise. We or the Guides shall not be responsible to provide food or drinks for Participants of an Activity. The Guide may recommend a place to eat or drink and will have extensive knowledge of the local area. If you are a coeliac, vegetarian or have other special dietary requirements we will provide you with advice and a list of suitable places to eat.
(j) Medication: If you need medication (including without limitation, inhalers for asthma and other essential medication) you shall be obliged to bring it to each Activity and you shall procure that all Participants do likewise. The Guide shall be entitled to refuse to allow you participating in the Activity if you do not bring such medication with you and no refund of any amount paid shall be payable by reason of such refusal. The Guide if they are carrying it in waterproof containers during an activity, make sure to collect it at the end of the activity.
(k) Nature Respect: Our aim is a zero impact on the local environment. Therefore, you shall and shall procure that all Participants respect nature, do not litter and take away any refuse. This also includes noise levels and the use of language which may offend other Participants. We want all participants to have a relaxed, enjoyable experience. The Guide shall be entitled to refuse to allow Participants to participate in an activity at any time if they behave in a manner which verbally or physically affects other Participants. No refund of any amount paid shall be payable by reason of such refusal.
(m) Swimming: You shall procure that all Participants in a water sports activity are able to swim. No orders shall be submitted for Participants who are not able to swim. The Guides are entitled to refuse to allow a Participant to participate in a water sport Activity who are not able to swim and no refund of any amount paid shall be payable by reason of such refusal.
(n) Safety Equipment: By placing an order on or through the Site, you agree to wear any safety equipment and clothing provided by the Guide and you shall procure that all Participants do likewise. The Guides are entitled to refuse to allow a Participant to participate in an Activity who refuses to wear the safety equipment or clothing provided and no refund of any amount paid shall be payable by reason of such refusal.
(o) Safety Rules and Personal Responsibility: By placing an order on or through the Site, you agree to follow all applicable laws in relation to each Activity for which you have submitted an order, including but not limited to rules of the road and safety at sea. You shall not be and you shall procure that none of the Participants is under the influence alcohol, drugs or any other substances during each Activity. The Guide shall be entitled to refuse to allow any Participants to participate in an activity at any time if he or she reasonably believes that any Participants are under the influence of alcohol, drugs or any other substances. No refund of any amount paid shall be payable by reason of such refusal.
(p) Arrival for Activity:
(i) You and the other Participants shall arrive at the appointed place for that Activity 15 minutes before the Activity is scheduled to start. In planning arrival, you and the other Participants should allow extra time for winding roads and delays so as to arrive at the starting point at with time to spare. CurtisandHooper.ie will have a map with detailed instruction on the meeting point in your information pack.
(ii) The Guide shall have the right to refuse to allow a Participant who has arrived late for an Activity to participate in the Activity. No refund of any amount paid shall be payable by reason of such refusal.
9.1. Subject to Clause 3.1, CurtisandHooper.ie warrants that it will provide the Services with reasonable skill and care.
9.2. Subject to the provisions of Clause 10, 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 10 and 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 non-supply 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 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 sub-clause 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 10, 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 10, you accept that CurtisandHooper.ie 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 10, we 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 sub-clauses (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 non-supply 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. The Transport provider, Accommodation provider or Guide for a given Activity may have its own terms and conditions of business which contain their own exclusions of liability and you should ask for a copy of the same and review them prior to commencing such activity.
9.8. You acknowledge and agree that it is the sole responsibility of you and the participants to satisfy yourself and themselves prior to your submission of an order for a given Activity that such Activity shall meet your and their requirements and needs. Subject to the provisions of Clause 10, CurtisandHooper.ie makes no warranty or representation in that respect and no failure of any part of the whole of such Activity to be suitable for the requirements or needs of you or any of the Participants shall entitle you or any Participant to make any claim against CurtisandHooper.ie
10. 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).
These Terms of Sale and each Contract are made only in the English language and any translation of the English language version of these Terms of Sale and each Contract are provided for convenience only. If there is any conflict in meaning between the English language version of these Terms of Sale and each Contract and any version or translation of these Terms of Sale and each Contract in any other language, the English language version shall prevail.
13. No Agency:
Nothing in these Terms of Sale or elsewhere shall be deemed to make CurtisandHooper.ie the employee, agent, partner or trustee of your or any of the Participants for any purpose whatsoever.
14. Partial Invalidity:
If any terms of these Terms of Sale or any Contract is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:
(a) the legality, validity or enforceability of any other term of these Terms of Sale or any Contract; or
(b) the legality, validity or enforceability in any other jurisdiction of that or any other of the term of these Terms of Sale or any Contract.
15. Law and Jurisdiction: These Terms of Sale, each Contract and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with Irish law. The Irish courts shall have exclusive jurisdiction to hear, determine and settle any dispute arising out of or in connection with these Terms of Sale, any Contract or any related non-contractual obligations and the parties submit to the exclusive jurisdiction of the Irish courts for that purpose.
CurtisandHooper.ie 5th November 2019 - part of Activity Days Ireland Ltd.