Airohan Limited trading as “Ireland by Concierge” having its Registered Office at Killinkere, Ballygagin, Dungarvan, Co. Waterford and with Registered Number 544965.
1. DEFINITIONS AND ACCEPTANCE OF TERMS AND CONDITIONS
1.1 For the purposes of these Terms and Conditions, the following words and expressions shall have the following meanings:-“Company” means Airohan Limited trading as “Ireland by Concierge”;
“Cancellation Fees” means the fees payable to the Company by the Customer for any amendments to bookings or cancellations to bookings made by the Customer as more particularly set out in clause 5 below;
“Customer” means any person who avails of the Services provided by the Company or uses the Website, including, where applicable, any person acting under a person’s username and password;
“Privacy Policy” means the Company’s privacy policy contained on the Company’s website, as may be amended from time to time;
“Services” means the provision of services set out on the Website by the Company to the Customer;
“Terms and Conditions” means these terms and conditions of use, as may be amended by the Company from time to time;
“Website” means the online information service website known as irelandbyconcierge.com which may link to other related websites.
1.2 These Terms and Conditions apply to the Services provided by the Company to the Customer and the Customer’s access to and use of the Website. Please read these Terms and Conditions carefully. By paying a booking deposit to the Company for the Services, the Customer is deemed to have understood and agreed to all the Terms and Conditions contained herein.
1.3 If the Customer does not accept these Terms and Conditions, it should not pay any booking deposit to the Company or access or use the Website.
2. DISCLAIMER
2.1 The Website provides an online information service in relation to holidays in Ireland. For the avoidance of doubt, the Company accepts no responsibility of any nature for descriptions of accommodation contained on the Website or any third party services referred to on the Website.
2.2 All information or advice provided as part of the Website is intended to be general in nature and the Customer should not rely on it in connection with the making of any final decision. Except where expressly stated otherwise by the Company, all information, products and services offered through the Website are offered by third parties who are not affiliated with the Company.
2.3 The information contained on the Website may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timelines of the material or about the results to be obtained from using the Website. In particular, the Company makes no warranties or representations as to the accuracy, reliability or quality of any descriptions made available on the Website or as to the availability of any third party services referred to on the Website. The use of the Website is entirely at the Customer’s own risk.
2.4 The Company does not warrant or make any representations as to the security of the Website nor does it warrant that the functions or materials accessible from or contained in the Website will work uninterrupted or error free, that defects will be corrected or that the Website is free from viruses or other harmful elements. The Company hereby expressly disclaims all liability for any action a Customer may take as a result of relying on such content, information or advice or for any loss or damage suffered by a Customer, of whatever nature, from using the Website.
2.5 Should any part of the Website offer the Customer the opportunity to join in or read from any social media, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the Company’s views. The Company accepts no responsibility or liability for anything posted by any Customer or third party. The Customer acknowledges that any reliance on material posted by other customers will be at the Customer’s own risk. The Customer may not use the social media to post, upload or otherwise transmit information or pictures that are defamatory, threatening, harassing, abusive, hateful, embarrassing or constitute a breach of privacy or are otherwise unlawful.
2.6 The Company reserves the right to monitor any information transmitted or received through any social media, including forums. The Company, at its sole discretion and without prior notice, may, at any time review, remove or otherwise block any materials posted. However, the Customer acknowledges that the Company does not in the ordinary course screen communications in advance and is not responsible for screening or monitoring material posted by customers.
2.7 All content, information and advice on the Website is provided on an “as is” basis. The Company, to the fullest extent permitted by law, disclaims all conditions and warranties, express or implied, including, but not limited to, any warranty or terms of non-infringement third-party rights, merchantability and fitness for purpose. The Company makes no warranties concerning the completeness or timeliness of the material, accuracy, services, links, reliability text, software or graphics. The Company does not warrant that the Website will meet the Customer’s requirements, be uninterrupted, error free or free of viruses or other harmful components. The Company hereby expressly disclaims all liability for any action the Customer may take as a result of relying on such content, information or advice or for any loss or damage suffered by the Customer, of whatever nature, as a result of using the Website.
3. USE OF THE WEBSITE
3.1 To access the Website, the Customer may be asked to complete an online registration form or authenticate via a Social Media account. In consideration for the Customer’s use of the Website, the Customer agrees to provide true, current, complete and accurate information as requested. As part of the registration process, the Customer may be asked to provide an email address or their username and password to social media sites for authentication. The Customer alone is responsible for keeping that password and username confidential and for any and all activity that occurs on the Website under its email, password or username.
3.2 The Customer may:
3.2.1 access any part of the Website; and
3.2.2 print and download a single copy of the material on the Website solely for their personal and non-commercial use provided that the Customer agrees not to change or delete any copyright or proprietary notices from the materials. The Customer must retain all copyright, trademark and other proprietary notices contained in the original material on any copy of make of the material.
3.3 The Customer acknowledges that it agrees to abide by all applicable laws and regulations, the other conditions of these Terms and Conditions and any other rules which may be published by the Company from time to time. In addition, without limiting Clause 3.2 above, the Customer agrees not to:
3.3.1 copy (whether by printing off onto paper, sorting on disk, downloading or in any other way), distribute (including distributing copies), publish, broadcast, reproduce, alter or tamper with in any way, or otherwise use any material contained in the Website except as set out under Clause 3.2 above. These restrictions apply in relation to all or part of the materials on the Website;
3.3.2 remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Website;
3.3.3 create a link to the Website without the Company’s express written consent;
3.3.4 post material which infringes the criminal law;
3.3.5 post material that is copyrighted, unless the Customer is the copyright owner or has the permission of the copyright owner to post it;
3.3.6 post material that reveals trade secrets, unless the Customer owns them or has the permission of the owner;
3.3.7 post material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others;
3.3.8 impersonate another person or entity;
3.3.9 upload, post, email or otherwise transmit any material using the Website that is known by the Customer to be false, inaccurate or misleading;
3.3.10 use the Website so as to jeopardise or prejudice the operation, quality or integrity of the Website or materials, the operation, quality or integrity of any telecommunications network or any other use which might be deemed by the Company to be harmful to its business, reputation or the commercial exploitation of the Website;
3.3.11 use the Website for any commercial purpose including any surveys, contests or pyramid schemes, nor to use a service to participate in or cause others to participate in sending chain letters, junk email, spam, duplicative or unsolicited messages, advertising or promotional material;
3.3.12 use the Website to harvest or otherwise collect by any means any material or information (including without limitation, email addresses or details of properties) from the Website otherwise than as authorised in these Terms and Conditions or to monitor, mirror or copy any materials without the Company’s prior written consent;
3.3.13 use the Website to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancel bots or any other harmful or deleterious program; or
3.3.14 use the Website contrary to the terms and conditions of any Internet Service Provider whose services the Customer may use.
3.4 If a Customer wishes to provide a hypertext or other link to the Website, that Customer should contact the Company through the Website with details of:
3.4.1 the URL(s) of the web page(s) from which the Customer proposes to link to the Website; and
3.4.2 the URL(s) of the web page(s) on the website to which the Customer proposes to link.
The Company will consider the Customer’s request upon receipt of this information. The Customer acknowledges that the Company at all times reserves the right to agree or refuse any such request.
4. PAYMENTS AND BOOKING DEPOSITS
4.1 For bookings made with the Company within 28 days of arrival, full payment must be made to the Company for such bookings at the time of booking. For bookings made more than 10 weeks before arrival, a non-refundable deposit of 20% of the total amount is required at the time of booking, with the remaining balance due 90 days before arrival.
4.2 Non-payment of owing balances will result in automatic cancellation of the booking in question and the forfeiture of the deposit. Travel documents will not be issued to the Customer until the full balance has been received.
4.3 Payments to the Company can be made by Electronic Funds Transfer (EFT), Visa, Mastercard and, only by prior agreement with the Company, by cheque. Please note that a service fee of 2% will apply to payments made by American Express and Discover cards.
5. BOOKING AMENDMENTS AND CANCELLATION CHARGES
5.1 The Company will charge an amendment fee of $40 for all permitted changes initiated by the Customer after the booking deposit or full payment stage of booking. Please note that third party suppliers may charge additional fees for amendments or cancellation however, the Company will make all reasonable efforts to reduce or minimise such fees.
5.2 The Cancellation Fees are as follows:
5.2.1 If the Customer cancels a booking within 10 weeks of the date of arrival, the Customer will lose all of the deposit paid pursuant to clause 4 above;
5.2.2 If the Customer cancels a booking within 3 to 9 weeks of the date of arrival, the Customer will lose 50% of the total value of the booking in question;
5.2.3 If the Customer cancels a booking within 3 weeks or less of the date of arrival, the Customer will lose 100% of the total value of the booking in question.
5.3 All amendments and cancellation requests must be made in writing by the Customer to the Company.
6. CANCELLATION BY THE COMPANY
6.1 In the event of the cancellation by the Company, for whatever reason, of a pre-packaged tour, the Company will offer the next available dates to the Customer at no additional charge. If this is not agreeable to the Customer, a full refund of the package cost will be made by the Company to the Customer.
6.2 The Company does not accept responsibility for any extra costs such a cancellation might cause the Customer as the Company is an internal tour operator only. The Company shall not be liable for any delays in the Customer’s travel plans or for passage into or out of Ireland. Consequently, the Company is not liable for any cancellation fees or extra costs incurred by the Customer including, but not limited to, non-refundable airline tickets.
7. PASSWORD AND ACCOUNT SECURITY
7.1 The Customer acknowledges and agrees that it is responsible for maintaining the confidentiality of any passwords associated with any account it uses to access or use the Website and that it will be solely responsible to the Company for all activities that occur under its account.
7.2 In the event that the Customer becomes aware of any unauthorised use of its username, password or account, it shall notify the Company immediately.
8. THIRD PARTY LINKS
8.1 The Company may offer links to websites which are owned and operated by third parties, as well as advertisements for products and services that are offered by the Company or third parties. The Company provides these links and advertisements as a convenience to customers. The Company does not review the content of such third party material and neither endorses nor is responsible for any content, advertising, products, services or other materials on or available from such third parties.
8.2 The Customer assumes full responsibility for its use of third party websites. Such websites are governed by terms and conditions different from those applicable to Services and the Website and the Company encourages the Customer to review the terms and conditions and privacy policies of those third parties before using their websites.
9. HOTEL ACCOMODATION AND CHAUFFEUR DRIVEN TOURS
9.1 The Customer’s requested hotel or other standard of accommodation will be secured by the Company upon receipt of the booking deposit referred to in clause 4 above. If, for any reason, the accommodation requested by the Customer is not available, the Company will offer the Customer a similar standard accommodation alternative in as close a location as possible to the requested accommodation. If this alternative accommodation is not acceptable to the Customer, the Company will refund to the Customer this element of the accommodation.
9.2 Vehicle rental, vehicle insurance, fuel, drivers, expenses and taxes are all included in the price chauffeur driven tours. Items that are not included in this price are parking costs, tolls and ferries. Gratuities or tips are not included and are at the Customer’s discretion. The Customer should note that under Irish law, drivers may not be at the wheel for longer than 8 hours a day.
10. LIMITATION OF LIABILITY
10.1 To the extent not prohibited by law, and not withstanding anything to the contrary in these Terms and Conditions, the total liability of the Company for any damage or loss suffered by the Customer arising out of or in connection with the provision of the Services and the use of the Website shall be limited in all circumstances to the total value of the Services purchased by the Customer from the Company.
10.2 In no event shall the Customer be liable for any incidental, special, indirect or consequential damages or loss whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the Website or the Services provided by the Company under these Terms and Conditions, however caused, whether in Contract or Tort, even if the Company was aware of the possibility of such loss.
11. COPYRIGHT
11.1 The Website contains materials, including text, photographs, videos and other images and sound, which are protected by copyright and/or other intellectual property rights pursuant to Irish and European Union laws and international conventions. All copyright and other intellectual property rights in these matters are either owned by the Company or have been licensed to it by the owner(s) of those rights so that they may be used as part of the Website.
11.2 The Customer is prohibited from modifying, publishing, transmitting, selling, participating in the transfer or sale or reproducing, creating derivative works from, distributing, performing, displaying or in any way exploiting any of the materials on the Site or the software or materials relating thereto in whole or in part. In particular, the use of the material on any other website or in a networked computer environment for any purpose is prohibited.
12. CHANGES TO TERMS AND CONDITIONS
12.1 The Company may change these Terms and Conditions from time to time and such amended Terms and Conditions shall be effective upon publication on the Website. As set out in clause 1 above, by paying a booking deposit to the Company, the Customer accepts that it is bound by the Terms and Conditions.
12.2 Any changes to the Terms and Conditions will be notified to the Customer by the Company as soon as practicable using the email address supplied to the Company by the Customer pursuant to clause 3 above.
13. CHANGES TO OPERATION OF THE WEBSITE
13.1 The Company may change the format and content of the Website at any time.
13.2 The Company may suspend the operation of the Website for support or maintenance work in order to update the content or for any other reason.
13.3 The Company reserves the right to terminate access to the Website at any time without notice.
14. DATA PROTECTION
14.1 Personal details provided to the Company or any other related company through the Website will only be used in accordance with the Company’s Privacy Policy. Please read this policy carefully before using the Website. By providing your personal details to the Company, the Customer hereby consents to their use in accordance with the Privacy Policy set out on the Website.
14.2 Any communication which the Customer posts to the Website is considered to be non-confidential. By posting communications to the Website, the Customer automatically grants the Company a royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sub-license such rights through multiple tiers of sub-licenses.
15. QUERIES AND COMPLAINTS PROCEDURE
15.1 If the Customer has any queries, comments or complaints about the Services or the Website, the Customer should contact the Company through the Website or by post at its Registered Office, as set out above.
16. INDEMNITY
16.1 The Customer agrees to indemnify and hold harmless the Company, its officers, directors, employees and agents from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from (a) any breach by the Customer of the Terms and Conditions; (b) any material a Customer uploads, posts, emails or otherwise transmits through the Website; and (c) a Customer’s misuse of the Website in breach of the Terms and Conditions.
17. SEVERABILITY
17.1 If any provision of these Terms and Conditions becomes invalid, illegal or unenforceable, the invalidity, illegality or unenforceability of such provision shall not affect the other provisions of these Terms and Conditions.
18. ENTIRE AGREEMENT
18.1 These Terms and Conditions constitute the entire agreement between Customer and the Company with respect to the Services and the Website.
19. GOVERNING LAW AND JURISDICTION
19.1 These Terms and Conditions are governed by the laws of Ireland and the Irish Courts shall have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms and Conditions.