KERRYCLIMBING ensures a high standard of guiding care and safety but all our clients must be aware and accept that participation in mountaineering / outdoor activities involves a high level of risk of danger and personal injury. Participants in these activities accept the risk and responsibility for the consequences of one’s own actions. Any client who acts in contravention of the decisions or advice of their guide, instructor or leader forfeits all professional protection and care of duty from the guide, instructor or leader. They accept that KerryClimbing is not under any liability whatsoever in respect of loss or damage to personal property not caused by the negligence or default of KerryClimbing. The Client assumes any risk of harm, injury or worse which may occur due to participation in the activity. They release the business KERRYCLIMBING from all liability, costs and damages which may arise from their own negligence while participating in the activity.
Personal Accident and Cancellation Insurance is highly recommended
In this document wherever the context so admits the following expression shall have the following meanings respectively: –
‘Deposit’ shall mean 25% of the finalised agreed price.
Head office means Churchtown, Beaufort, Killarney, Co.Kerry
‘KC’ means KerryClimbing.
‘Client’ is the person or persons listed on the booking form(s).
‘Major change’ means changing the dates, location booked or majority of course content over 80%.
‘Force Majeure’ means any situation or event beyond the control of KC. This could be an act of God, war, natural disaster, fire, adverse weather or road conditions, changes in schedules or modes of transport by contracted transport companies, airlines and bus or train operators.
‘Instructor/Guide means the KC member of staff responsible for the delivery of the agreed activity and/or service.
Where the expression “Clients” includes two or more persons, the obligations expressed or implied relate directly to each individual.
Any reference to a statute shall include any statutory extension or modification or re-enactment of such statute and any other instrument plan, regulation, permission or direction made or issued there-under or delivering validity there-from.
Wording importing the singular meaning shall include the plural meaning and vice versa. All wording within the booking conditions is generalised to the Client, referring to the masculine, feminine and neuter genders.
The clause and paragraph headings are for convenience only and shall not affect the construction of this document.
The expressions used in the particulars shall have the same meanings when used hereafter in these booking conditions.
BOOKINGS AND PAYMENTS
Paying a deposit is the only way of securing your booking.
To place a booking KC requires a completed Booking Form for each individual with non-refundable deposit fee of 25% of the full course/activity price.
Clients booking by telephone e-mail or facsimile will have been deemed to read the booking conditions and to have signed the declaration on the ‘individual booking form’. A booking is accepted and becomes binding only from the date when KC has confirmed acceptance in writing by means of a ‘ confirmation of booking email ‘.
KC reserves the right to decline any booking at their discretion. Email and telephone bookings are treated as provisional and are only confirmed once the funds have cleared in to the KC bank account and a confirmation email sent.
If paying the balance of the fee on the day of the activity/course ( if not previously paid in full ) it is payable in cash or cheque only as there are no card facilities at the meeting points, unless agreed otherwise on confirmation of booking. In the event that the balance is not paid KC will have the discretion to treat the booking as cancelled by the client and re-sell the course place.
Corporate / Group Bookings
If you are a corporate / organiser of a group booking ( more than 10 people ) a predetermined set deposit amount is required to secure the booking. Final group numbers must be submitted 7 days before the date of the activity with FULL payment based on those final numbers received by KC no later than 4 days before the activity. Should client numbers increase for your booking, the additional Clients can be paid for in full on or before the date of the activity. No refund is issued should final numbers on the day be lower than submitted 1 week prior as we will have scheduled our guides / instructors accordingly and also will have limited our availability accordingly.
If KC is asked to generate and invoice for booking it is deemed that the client is booking in line with KC standard terms and conditions of booking and cancellation.
A contract for the activity and / or service is made between KC and the Client on the issue of a confirmation of booking by KC.
The Contract is subject to these booking conditions, which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between KC and the Client.
No verbal representations made by KC shall be relied upon by the Client.
Cancellation and refunds
Should the Client wish to cancel; no charges in addition to the non-refundable deposit will be incurred if we receive notification no less than 7 days before the date of the activity. Should the course / activity be cancelled by the client no less than 7 days prior to the activity having had paid in full we will issue a refund of 75%. If cancellation is received no less than 4 days we will issue a 50% refund of the full price ( if activity has been paid in full )
Should a client, having paid the 25% deposit not show up on the day of the activity then they will be liable to pay in full for the activity and will be issued with a balance invoice to be paid within 3 days. The same applies if cancellation is received by us from the client within a 24 hour period of the booked activity.
Deposit payments are non-refundable.
There are no exceptions. Participants who don’t show up for adventure days or courses/activities forfeit the full cost.
Cancellation by KC
We try never to cancel a confirmed booking but reserve the right to do so. If we cancel a confirmed booking before your activity and or service, KC will offer the Client the choice of a full refund or another available date (with pro-rata refund/price increases as appropriate). If KC offers multiple alternative available dates and the client cannot make any of the dates KC will treat this as a client cancellation and no refund will be given.
Alteration by KC
We make every effort to ensure the accuracy of our literature. However changes can occur despite our best endeavours and we reserve the right to change any price or other particulars before the Client books (in which case we will tell you before your booking becomes binding).
If there is a ‘Major Change’ to a confirmed booking we will inform the Client as soon as is reasonably practical, and offer you the choice of accepting the change, receiving a full refund (excluding the initial deposit,) or transferring to another available date.
If there is any change other than a ‘Major Change’ such as ‘Force Majeure’ we are not obliged to inform you in advance (but we will do so where practicable), nor are we obliged to pay you compensation. If we become unable to provide a major proportion of the services you have booked with KC, we will make every effort to arrange alternative arrangements for you at no extra charge and where appropriate, refund the Client pro-rata for services not received. If the client wishes to make major changes to agreed route/programme additional costs may be added at the companies’ discretion.
Route taken/Course Content and Weather
The routes/programmes we publish in our literature and on our website, and describing the courses are designed to be illustrative in order to best explain the scope and type of activities you will be undertaking. It is very unlikely that any one route/programme could be or would be followed precisely as it is published. Several factors outside of our control will determine this and dictate what can be accomplished reasonably during your activity/course. The most influential factors will be the weather, the conditions on the mountains and the physical fitness of course participants. Taking these factors into consideration, and the aims of the activity/course as described in our literature, the Lead Guide/Course Director will construct the best programme possible. The Lead Guide/Course Director will review and may alter the route/programme as the route/course progresses in response to the changing influence of these factors.
Once the activity/course is underway, the Course Director, Guides, Instructors, or Leaders may change routes, mountain objectives or activities, at any time, if they believe that to continue as intended would place themselves or any course member at undue risk. This applies to all courses, including those that have a specific mountain or route as their primary objective
Circumstances may arise where we are forced to alter dates, duration, or finer arrangements before an activity/ course starts. We will do our utmost to inform you of any such changes as soon as we know of them.
Our Course Directors, Guides, Instructors, and Leaders will do their utmost to ensure that any problems are solved for the benefit of the activity/course participants as a whole. Submitting the completed booking form signifies your acceptance of the Lead Guides/Course Director’s authority to make decisions affecting the group or individuals. For instance, the Lead Guide/Course Director may require or advise an individual, or individuals, to abort an ascent, refrain from continuing / return to starting point or leave the activity/course if they believe that a person or person’s health is at risk, if a person is not coping, or may not cope, with the technical, physical or mental demands of the activity/course, if an illegal act has been or may be committed, or conduct is, may become, or has been, detrimental to the safety, enjoyment or well-being of the group as a whole or of any individual within the group.
Most courses have days in the itinerary that are included to provide flexibility in case of bad weather, or some other untoward event, and thereby increase the chances of your principle objective being achieved and for your course to be successful. If these days are not needed in order to achieve the aims of the course and the group decides to return from the mountains early, any additional costs incurred by you and associated with extra hotel nights, or services that would not otherwise have been provided nor were given in the published itinerary, must be met by you at the time.
Acceptance of authority
Employees of KC and staff will use their best endeavours to resolve problems to the benefit of the Client as a whole. The Client must refrain from any conduct, which may give offence or cause danger or damage to any person or property. If KC or any of its associates believe that the Client is in breach of this obligation, likely to breach it or is otherwise unfit to partake in the activity, KC, or its associates may, in their absolute discretion, refuse the booking, or refuse to continue with the client. KC will owe the Client no liability in such circumstances and the Client will be solely responsible for any costs incurred.
The Lead Guide/Course Director may require an individual or number of persons to leave the group, if they believe that the Client’s health and safety are at risk, if an illegal act has been committed or the Client has behaved in a way as to endanger safety, enjoyment or the welfare of the group as a whole. In the event of this action, the Client involved shall not be entitled to any refund from KC and will be required to meet all expenses involved in their immediate extraction.
Except as disclosed in writing to KC, the Client confirms that they are in good mental and physical health and are unaware of any reason why they may be particularly unsuited to taking part in the activity and/or service agreed upon or may be likely to suffer illness or injury during the activity and/or service. With respect to the participation statement; it must be recognised as containing an element of risk that is beyond the control of KC.
Failure to disclose any information that is required in the ‘Booking Form’ may result in KC terminating the contract and withdrawing the Client from the activity and or service on the grounds of incorrect information. The Client will not be entitled to any refund of payments made under this termination contract.
Vouchers issued by KC are valid for 12 months and are valid for use against any of our scheduled courses or activities, or specific courses or activities as denoted at the time of issue of the voucher. KC will aim to give the voucher holder as many activity or course dates as is reasonably possible in order for the voucher to be redeemed. It is the responsibility of the holder of the voucher to contact us for course or activity dates. Once 12 months has passed since the voucher issue date the voucher is no longer valid and no refunds in whole or in part are issued.
The price at time of booking covers the cost of the planning, organising and delivery of the proposed activity and / or service. Once a non-refundable deposit is cleared the agreed route/programme will be delivered, if the client wishes to change the programme once the deposit has been paid additional reasonable costs may be levied by KC at their discretion.
It is the responsibility of the Client to arrange travel to the site / location for the proposed activity and or service, unless otherwise stated. The Client is also responsible for their own personal medical requirements and personal boots, equipment and clothing, unless otherwise stated. Such non-safety equipment is only provided when the Client has expressed a requirement and provided KC with written details of their needs and there is prior agreement to provide this with KC.
Safety Services for Film and TV
Our insurance does not provide cover for any equipment whatsoever unless damage is sustained as a direct negligent act by KC or its employees/contractors. It is up to each production company to ensure that they have adequate insurance in place.
The cost of providing the building inspection must be paid for in full and in advance. The cost of this is non-refundable should the client wish to cancel the event after inspection or the inspection proves that the building is not suitable for a group abseil on any grounds.
The Contract is personal to the Client and is not capable of transfer or assignment without prior written consent of KC.
While it is the intention of KC to perform the obligations under this contract directly, KC may choose to sub-contract elements of its obligations under this contract, provided that any sub-contracting for delivery of activities/courses shall meet recommended guidelines where required and standards and the assessment of the sub-contractor as a reputable and safe service provider.
If there is a problem during the activity and or service period you must report it to in the first instance the instructor/guide in charge of your activity. If it is still unresolved you must then report it a Lead Guide / Course Director of KC immediately, so that prompt and effective efforts can be made to resolve the problem.
In the unlikely event that the problem cannot be resolved at this time and you wish to raise a complaint, full written details must be sent to KC within 28 days of the activity and or service finishing. Please include your booking reference number / party details and exact full details of your complaint on your letter; please include your daytime and evening contact telephone numbers. Failure to take these steps will prejudice our ability to resolve your problem and/or investigate it fully, therefore any right to compensation you may otherwise have had will be lost or substantially reduced.
Conditions of service
As part of the continual review of safety and associated considerations, the conditions of booking are subject to change, clarification and modification at any time. Only the Lead Guide/Course Director, or their appointed deputy, is empowered to vary or waive any of the Conditions of Booking. Such decisions are totally at the discretion of the Lead Guide/ Course Director or the appointed deputy.
All activity itineraries courses and days out are subject to weather conditions and our instructor’s choice of location is dependent on the prevailing weather and individuals or group’s ability and experience.
Personal Accident, Cancellation and Travel Insurance
It is up to each individual to decide on the purchase of personal accident insurance for insurance cover whilst they are participating in an activity or course with KC. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
We highly recommend that clients take out personal cancellation insurance, as sometimes a course or activity may be cancelled at short notice due to weather conditions which deem the activity unsafe.
Law and Jurisdiction
This agreement shall be construed in accordance with the laws of Ireland and the Irish courts shall have exclusive jurisdiction in relation to any matters arising out of this Agreement.
KerryClimbing, Churchtown, Beaufort, Killarney, Co.Kerry, Eire
+353 (0)87 9323527/ +353 (0) 87 7440523