Terms and Conditions of Business

1. INTERPRETATION

 

• ‘Supplier’ shall mean Spike Island Adventures Ltd.

 

1.2 ’Customer’ shall mean any person who contracts with the Supplier for Services.

 

• ‘Proposal’ shall mean the statement of proposed services or other similar services describing the services to be provided to the Customer.

 

• ‘Services’ means the services set out in the proposal.

 

• ‘Activities’ means the various items that comprise the Service.

 

• ‘Participant’ shall mean those persons for whom the Customer has booked the Services, which may or may not include the Customer.

 

• ‘Terms and Condition’ means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

 

2. GENERAL

 

2.1 These Terms and Conditions shall govern the supply of services from the Supplier to the Customer.

 

• Any variation to these Terms and Conditions shall not be valid unless agreed with the Supplier in writing.

 

• Nothing in these terms and conditions shall affect the Customer’s statutory rights as a Consumer.

 

 

3. THE ORDER

 

3.1 The Proposal attached to the terms and conditions shall remain valid for a period of 7 days.

 

3.2 The customer shall be deemed to have accepted the proposal by placing an order with the supplier within clause 3.1 above

 

4. PRICE AND PAYMENT

 

4.1 The price for the Service is set out in the proposal and is inclusive of VAT and any applicable charges outlined below.

 

4.2 The price in the proposal shall include transportation to and from Spike Island by ferry unless a different venue for the service has been agreed with the Supplier.

           

4.3 Should the customer request, the Supplier will arrange to supply lunch to the Customer which will attract an additional cost as set out in the proposal.

 

4.4 The Customer shall pay a deposit equivalent to 25% of the full price of the service as set out in the proposal within 14 days of the date set for performance of the service by the Supplier. Failure to pay such deposit shall result in the cancellation of the Customer’s order.

 

4.5 Any deposit paid is non-transferable and only refundable in accordance with clause 10.1 below.

 

4.6 The balance of any payment due to the Supplier from the Customer shall be made in full on the date agreed for the performance of the service and prior to embarkation on the ferry and/or the performance of the service.

 

4.7 Should payment as outlined in clause 4.4 above not be made the Supplier reserves the right to refuse to perform the Service and such non-payment will be deemed to be a cancelation in accordance with clause 10.2 below.

 

 

• CUSTOMER’S OBLIGATIONS

 

5.1 To enable the Supplier to perform the agreed service the Customer shall;

 

5.2 Co-Operate with the Supplier at all times

 

5.3 Provide the Supplier with any and all information regarding the Customer, their team or group as the Supplier may require to fulfil the terms of the agreement with the Supplier and as provided for in Clause 6.3 below.

 

5.4 Where transportation to Spike Island is provided by the Supplier and/or an independent contractor as set out in clause 9.3, the Customer shall attend for transportation at the agreed location and be ready for embarkation 15 minutes before the agreed start time of their experience.

 

5.5 The Customer shall fill the numbers booked for the Service provided by the Supplier, should the Customer not be able to fill the numbers booked there will be no reduction in price charged for the Service by the Supplier.

 

5.6 The Customer hereby consents to the use of photography of the Participants in the Customer’s booked Activities for future marketing and promotion by Spike Adventure Ltd.

 

5.7 The Customer and their representatives which includes but is not limited to Teachers, Guardians, Parents and Team Management Staff must be on site, in control and active in the maintenance of discipline of all in their care and control at all times.

 

CHANGES

 

6.1 If after booking services the Customer wishes to change the date for the supply of the service a request for alteration must be made by the Customer to the Supplier in writing specifying an alternative date for the supply of the service.

 

6.2 A request to change the date of supply of the service which does not specify an alternative date in accordance with clause 6.1 above shall be treated as a cancellation of the original booking and clause 10 below shall apply.

 

6.3 Should a request for a change of date be received less than 14 days before the original date agreed for the supply of the service such request, even if accompanied by an alternative date, shall be treated as a cancellation within clause 10 and any deposit paid will not be refunded or transferred to the new booking.

 

6.4 The supplier will make all reasonable efforts to accommodate the Customer’s alternative date but if unable to do so for whatever reason the originally booked date shall apply.

 

7 SAFETY

 

7.1 Spike Island Adventures Ltd reserves the right to refuse admittance to the Activities or to remove a Participant from the Activities should it deem it necessary to do so. This includes a Participant who does not comply with the safety rules and advice and the safety system or who is deemed to be under the influence of alcohol or drugs.

 

7.2 All Participants for the activities must be reasonably fit and healthy.

 

7.3 If Participants have medical concerns they are advised to consult their doctor in advance and must complete the Medical and Consent Form annexed to these Terms and Conditions and return it to the Supplier prior to attending Spike Island Adventure.

 

7.4 Participants must inform their Spike Adventure Instructors if on the day of their experience they are suffering from any ailment, injury or illness. In such a circumstance, the Supplier reserves the right to change or alter the scheduled activities or cancel the supply of services to the participant having due regard to the nature of their ailment, injury or illness. Such decision by the supplier and its employees shall be final and binding on the Customer and the Participants

 

7.4 All Participants are required to act responsibly and courteously at all times and to respect other Participants. Spike Island Adventures Ltd shall be entitled to prevent any person from undertaking or completing the Activities in the event it deems the behaviour of any Participant unsuitable.

 

7.5 No refunds or compensation will be payable by Spike Island Adventure Ltd in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities for the reasons set out in this clause.

 

 

8   SUPPLIER’S OBLIGATIONS

 

8.1 The Supplier shall perform the service with reasonable care and skill and to a reasonable standard in accordance with industry standards and codes of practice.

 

8.2 The Supplier accepts responsibility for the condition of tools and equipment used in the performance of the service and warrants that any materials supplied shall be free of defects.

 

 

 

9 LIMITATION OF LIABILITY

 

9.1 Except as otherwise provided in these Booking Terms and Conditions Spike Island Adventures Ltd shall not be responsible for the loss or damage of or to any property or to any person arising from the booking of or participation in the Activities.

 

9.2 Nothing contained in these Booking Terms and Conditions is intended to nor shall limit the liability of Spike Island adventures Ltd in respect of death or personal injury caused by the negligence of Spike Island Adventures Ltd or of its employees, agents or contractors.

 

9.3 Spike Island Adventures Ltd may contract with independent contractors to provide transportation, guide, instructor and /or other related services. We assume no responsibility, howsoever caused, for injury, loss or damage to person or property in connection with any service provided by an independent contractor.

 

10   CANCELLATIONS

 

10.1 The Customer may cancel their order for the supply of Services in writing up to 14 days prior to the date set for the supply of the service and any deposit paid will be refunded in full.

 

10.2 If the customer fails to cancel their booking within the time specified in clause 10.1 above any deposit paid will not be refunded.

 

11   FORCE MAJEURE

 

A party is not liable for failure to perform the party's obligations if such failure is as a result of:

 

11.1 Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service.

 

11.2 In circumstances where weather and/or sea conditions are deemed unfit for a ferry crossing to Spike Island or such other agreed venue in accordance with clause 11.3 below.

 

11.3 The Supplier and it’s servants and/or agents are at all times solely responsible for making the decision on whether conditions are fit or unfit for a ferry crossing and their decision shall be final and binding on the parties.

 

11.4 Whilst the Supplier will make reasonable efforts to assist the Customer where a case of Force Majeure arises the Supplier will not be liable to repay, compensate or otherwise be responsible for any costs or expenses incurred by the Customer should such an event arise.

 

12 SEVERANCE

 

If any term or provision of these Terms and Conditions is held to be invalid, illegal or unenforceable for any reason by the competent jurisdiction such provision shall be severed and the remaining provisions thereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

 

13 GOVERNING LAW

 

These Terms and Conditions shall be construed in accordance with the law of the Republic of Ireland and the parties shall submit to the exclusive jurisdiction of the Irish courts.