• The terms and conditions contained in this document shall apply to the use of the Discover Fingal (the “Company”) website, application and associated material.
• Access and use of the Company website, application and associated material is subject to these terms and conditions as well as the laws of the United Kingdom.
• This website, application and associated material is available only to individuals and entities who can form legally binding contracts under applicable law. Without limiting the foregoing, this website is not available to any person under the age of 18. If the user does not qualify, it may not make use of this website, application and affiliated materials.
• The Company may refuse to deal with anyone at any time, in its sole discretion.
APPLICABLE LAW AND JURISDICTION
• These terms and conditions shall be deemed to have been concluded in Leinster, Ireland and shall be interpreted according to the laws of the Republic of Ireland.
• Notwithstanding the aforesaid, the user must at all times comply with the laws, customs, foreign exchange and other regulations of all counties visited while using the Company’s website, application and affiliated materials.
• In the event of any dispute all parties shall be bound exclusively by the jurisdiction of the courts of the Republic of in Ireland.
• The copyright and all other rights in all the pages on this website are the property of The Company, its licensors or persons volunteering content. All rights are reserved except that individual sections on the site may be downloaded or printed solely for personal private use. However it is not permitted to copy, transmit or reproduce any of the site content for any other purposes without our prior written consent.
ACCURACY OF INFORMATION AND ACCESS
• The Company, while making reasonable attempts to fact check and ensure information is correct, is not liable for errors presented as facts by them or any third party.
• The Company reserves the right to suspend or withdraw access to this website, application and associated materials without notice at any time and accept no responsibility for these pages or website not being available at all times.
• The Company reserves the right to deny users access to this website or any part of it without notice and to decline to provide the service to any users that is in breach of terms and conditions.
PUBLICISED EVENTS AND PLACES
• While the Company has utilized its best endeavours to ensure the accuracy of the prices, such prices are subject to change as a result of factors beyond the Company’s reasonable control, in which event the Company shall utilize its best efforts to notify users of such change as soon as possible.
• The Company records that prices/charges/tariffs in respect of certain activities are determined in accordance with the public regulations and other factors and, accordingly, the Company has no control over any increases in such prices/charges/tariffs, including where such increases are implemented. The Company accordingly cannot and does not guarantee accuracy in pricing indicated on their website, application and associated materials.
CHILD POLICY
• The Company accepts no responsibility for incidents occurring to minor children and impose the duty of care in the parents or guardians.
• Nothing on this website, application and associated materials should be construed to indicated that the Company is acting in loco parentis in any manner.
PASSPORTS, VISAS AND OTHER TRAVEL PAPERS
• It is the user’s sole responsibility to ensure that passports, visas, health certificates, proof of vaccinations and any other required documentation are all in order for the countries to be visited during the tour.
• The Company shall not be held liable for any consequences, damages or claims if the user prior does not correctly attend to the user’s documentation and related matters as contemplated herein.
BAGGAGE
• The user shall be responsible for all baggage and personal effects brought by them on any use of the website, application and affiliated materials, and the Company shall not be liable for any loss or damage to such baggage or personal effects, howsoever arising.
HEALTH
• The user accepts that to participate in some tours requires a measure of physical fitness and health and it is the user’s obligation to ensure that he or she is medically fit to embark on the tour.
• The Company accepts no liability for any health issue arising from use of the website, application and associated materials.
MARKETING
• The Company reserves the right to use any photographs and video sent to its social media pages and in the public domain. The user further agrees that the Company shall retain copyright over any such photographs and videos
FORCE MAJEURE
• Unforeseen circumstances including but not limited to war, mechanical breakdowns, weather, riots and other unforeseen reasons beyond the control of the Company may cause delays or alterations. The Company shall not be held liable in any way for any of these possible occurrences or any consequences, which may arise as a result of these.
LINKS
• Where links are provided, the Company harbours no responsibility for the content of such site. It is solely the responsibility of the user to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information linked through this website.
• The Company does not endorse or represent the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised in such manner. If the user opts to access third-party services and the user does so entirely at their own risk.
INDEMNIFICATION AND EXCLUSION OF LIABILITY
• The user accepts that the exploring involves an element of personal risk.
• The Company and its respective directors, officers, employees, representatives and agents shall not be liable for any loss or damage of whatsoever nature and howsoever arising ( including, but not limited to, the user’s or any other person’s injury or death, or any loss of or damage to the user’s or any other person’s property) which the user or any such other person may incur or suffer as a result of or arising from the user’s use of the website, application and associated materials, and the user irrevocably and forever releases and discharges the Company and its respective directors, officers, employees, representatives and agents from any and all such liability.
• The user furthermore indemnifies and holds the Company and its respective directors, offices, employees, representatives and agents harmless from and against any land all loss, damage, actions, proceedings, claims, demands and legal and other costs and expenses (including legal costs on an attorney and own client scale) of whatsoever nature and howsoever arising (including, but not limited to, the user’s or any other person’s injury or death, or any loss of or damage to the user’s or any other person’s property) which the user or any such other person may incur or suffer as a result of or arising from the user’s participation in the tour and any other activities undertaken through the use of the website, application and associated materials
• Use of this website, application and affiliated materials is at the user’s sole risk. The service is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• The user is advised to safeguard important data, to use caution and to not rely in any way on the correct functioning or performance of the service.
• The contractual rights which the user enjoys by virtue of the Sale of Goods Act, 1893 (as amended) and the Sale of Goods and Supply of Services Act, 1980 are in no way prejudiced by anything contained in these terms and conditions, save to the fullest extent permitted by law.
