Following from the previous page, please read the text of the Terms and Conditions for Use of the Website www.gaeltacht.info
1. Definition of Terms
‘Arm’s length’: the adjectival description of an agreement reached between two parties, freely and independently of each other, without a prior relationship existing, e.g., one party having influence over the other. By virtue of such agreements all terms and conditions set out therein shall be deemed to have been set fairly and justly.
‘Booking’ means the steps which you take to procure a place on an Ecotour operated by the Strategic Partner. When you receive a confirmation of the booking of an Ecotour (Booking Confirmation), from the Strategic Partner, your Travel Contract for the Ecotour is concluded.
‘Company’ means Na Comhluadair Bheo Teo, a company registered in Ireland. The Company operates the Website which, inter alia, provides historical research papers as well as information on the Environment and information for operating Ecotours.
‘Contract’ means any agreement between the following Parties:
- the Company and its Strategic Partner; and
- the Strategic Partners and Service Providers, in connection with an Ecotour agreed with the Company.
‘Ecotour’ means a tour devised by the Company and operated and provided solely by a Strategic Partner, based on information given on the Website and in other official and relevant descriptive material produced for or on behalf of the Company.
‘Force Majeure’ means any circumstance not within a party’s reasonable control including, without limitation: Acts of God, flood, drought, earthquake or other natural disaster, epidemic, pandemic, collapse of buildings, fire, explosion or accident, any labour or trade dispute, strikes, industrial action or lockouts, non-performance by suppliers or subcontractors, terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations and any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition.
‘Gaeltacht’ is a legally defined area, of which there are seven in Ireland, in which Irish is a language in daily use to some degree. Up to the 1700s AD, the Gaeltacht, or Gaelic homeland, comprised all of Ireland, Scotland and the Isle of Man. Irish Gaelic and Scots Gaelic are closely related.
‘Guide’ is a person appointed by the Strategic Partner for giving information to Visitors, on the destinations visited and on surrounding areas, taken from the Company’s briefing and elsewhere. A Guide may also act as a driver for the Visitors.
‘Host/Hostess’ means those Service Providers, who are Gaelic–speaking people and provide accommodation for Visitors in their own homes.
‘Hosted Accommodation’ means the accommodation services afforded to Visitors by Hosts/Hostesses, for their respite overnight, in the Gaeltacht.
‘Services’ are all services which are part of an Ecotour provided by the Strategic Partner and/or Service Providers and include, but are not limited to guide-, flight-, bus-, car-hire- and ferry-services, as well as the provision of accommodation, insurance etc.
‘Service Providers’ means those companies, groups or sole traders who provide the Services for realising an Ecotour with a Strategic Partner.
‘Strategic Partner’ means any company, which offers and operates Ecotours for Visitors, by agreement with the Company.
‘Operating the Website’ includes maintaining and updating the content, which, inter alia, outlines the Ecotour.
‘Travel Contract’ means an agreement which a Visitor concludes with a Strategic Partner for an Ecotour, upon the issuing a Booking Confirmation by the Strategic Partner.
‘Visitor’ means a person named on the Booking Confirmation, who undertakes a tour operated by a Strategic Partner.
‘You’ and ‘your’ relates to any user of the Website and, on Booking, all Visitors named or to be named for a Booking (including anyone added after the Booking is confirmed).
‘Use, using’ are terms in this context which:- (i) refer to use by a Strategic Partner, by agreement with the Company, of information on the Website in order to operate an Ecotour; and (ii) use by potential Visitor to Ireland in order to choose whether to procure a Booking on an Ecotour.
‘Website’ means the URL (Uniform Resource Locator) which contains material hosted at www.gaeltacht.info.
2.1. In order to secure a successful outcome for the Ecotour, as adjudged by the Company, the Strategic Partner shall incorporate these Terms and Conditions into any Travel Contract. The Company, though it does not run the Ecotour, has designed it specifically in order to permit, in the main:
(i) rebuilding, at the level of the ordinary person (as provided for under European Union law), Gaelic Ireland’s long-interrupted connections with France and Germany;
(ii) highlighting the value and beauty of the Irish, French and German cultures; and
(iii) promulgation of information about the environment.
2.2. A Strategic Partner chosen by the Company may, by agreement with the Company and for the period agreed, use the information provided on the Website, on a date specified, for the purposes of:
(i) devising and running an Ecotour to destinations on the Website, and
(ii) the conclusion of agreements for the provision of Services, with local Service Providers approved by the Company.
2.3. The Ecotour set out on the Website requires, for economic viability, that a minimum number of Visitors be on any one Ecotour, as may be determined by the Company and the Strategic Partner. The frequency of Ecotours will reflect the Strategic Partner’s and Service Provider’s capacity as well as both market demand and the capacity of Hosted Accommodation. The Ecotour may not be suitable for disabled people, in the view of the Strategic Partner, except by appropriate agreement (in order to ensure their safety).
2.4. The Strategic Partner recognises:
(i) that, on any Ecotour which uses information from the Website, care must be taken in all potentially dangerous situations – arising from e.g. contact with animals, machinery or difficult surfaces underfoot etc.;
(ii) that appropriate apparel and/or equipment (e.g. hiking boots) must be available on all occasions as needed; and
(iii) that whilst accommodation is split between Hosted Accommodation and other commercial locations, the essence of the Ecotour (as indicated at 2.1 above) is to bring German and French people into renewed contact with
a) a Celtic culture; and
b) an antiquity which stretches back unbroken to the last Ice Age.
2.5. The Strategic Partner guarantees that the Guide will speak French or German, both for the ease of Visitors and to underscore cultural connections to Gaelic people (explained on the Website, and to be underscored by the Guide, as appropriate). Travelling back in time as it were, they will hear the Celtic Irish language in households where they stay. The closest of all Celtic languages today, to that heard in ancient Germania and Gaul, is Irish.
3. Responsibilities of the Company
3.1 The Company does not offer and is not responsible for the operation of any Ecotour described on the Website. It provides detailed information on Ecotours, which will be operated at all times by Strategic Partners.
3.2. Only the Company may approve information used for the purposes of an Ecotour operated by a Strategic Partner. An Ecotour may only be varied, in writing, by a Director of the Company, following agreement by the Board, and the passing of a resolution to that effect.
3.3. On completion of a Booking, a Travel Contract will exists between you and a Strategic Partner.
3.4. The Company may conclude Contracts at Arm’s Length, with Strategic Partners, chosen by the Company to operate Ecotours, based on information given on the Website on a date specified. The Company has no agents nor is it itself an agent in any respect in relation to the operation or provision of Ecotours.
3.5. A current Strategic Partner, or one no longer associated with the Company, shall not, without prior written consent from the Company, offer or cause to be offered any tour, which might compete for the services of Service Providers needed for any Ecotour, which uses information from the Website.
4.1. The Strategic Partner takes Bookings for the Ecotours, which it operates. Any contractual relations, which arise, in respect of an Ecotour, exist solely between Visitors and the Strategic Partner. Service Providers, at the destinations, will supply the services agreed with the Strategic Partner.
4.2. The Company, responsible only for Operating the Website, accepts no liability of any kind whatsoever for any actual or perceived failure in the provision of Services nor for any damages of any kind attributed to Ecotour.
4.3. The Company acts in good faith and does not accept any liability, of any kind whatsoever, including but not limited to tort, contract or damages howsoever occurring as a result of the actions of Strategic Partners and/or of Service Providers. While the Website has been prepared in good faith, no representation, warranty, assurance or undertaking (express or implied) is or will be made, and no responsibility or liability is or will be accepted by the owner of the Website, by the Company or by its officers, employees or agents in relation to the adequacy, accuracy, completeness or reasonableness of the Website, or Ecotour briefing material supplied, or any other information (whether written or oral), notice or document supplied or otherwise made available to any interested party or its advisers in connection with an Ecotour. All and any such responsibility and liability is expressly disclaimed. In particular, but without prejudice to the generality of the foregoing, no representation, warranty, assurance or undertaking is given as to any aspect of an Ecotour described on the Website or in any other information, notice or document provided by or on behalf of the Company.
4.4. Information set out, or referred to, on the Website shall form the basis of an Ecotour. Any prospective Visitor shall enter into a Travel Contract acknowledging that s/he has not relied on, nor been induced to enter into such an agreement by any representation, warranty, assurance or undertaking, save as expressly set out in that agreement. Access to any restricted area of the Website is provided to interested parties, which may include prospective Visitors, for information purposes or on the express understanding that they may use it for a Booking an Ecotour. Your Booking for an Ecotour is based on any terms and conditions which a Strategic Partner may have (including such terms and conditions of Service Providers as the Strategic Partner may set down in addition to its own), in tandem with these Terms and Conditions.
4.5. The Strategic Partner will issue a confirmation, that the Ecotour will go ahead, as soon as a minimum number of Bookings has been made to ensure the financial viability of the Ecotour in question. The Strategic Partner will advise you, if it becomes apparent that the Ecotour may need to be cancelled, e.g. for lack of demand. In the event of a cancellation of an Ecotour, you will receive a refund from the Strategic Partner of all monies paid by you to that Strategic Partner.
4.6. If access to any area during an Ecotour be not possible, for exceptional, unexpected reasons which include but are not limited to, any event of a Force Majeure, and which are, in the view of the Strategic Partner, beyond its control or that of a Service Provider, the Strategic Partner may alter the Ecotour or fully or partially cancel it and inform the Company of the move before it is taken.
4.7. Visitor complaints should promptly be brought to the attention of the Strategic Partner, which shall inform the Company.
4.8. Luggage allowances may be specified in the Booking Confirmation to meet the requirements of the Strategic Partner and of Service Providers. Luggage, in excess of this, may not normally be carried. Luggage transfers are the responsibility of Visitors.
4.9. Specific sleeping and dining arrangements can be requested when making a Booking. It cannot be guaranteed, however, that such requests will be met. You accept that any such request may incur additional costs.
4.10. Visitors to North-West Mayo will be given the experience of Hosted Accommodation in a real, Gaelic household. As explained in on the Website, people of Gaelic (i.e. Celtic) culture have, of course, long-standing connections to the French and Germans; connections now to be renewed.
4.11. Your welcome here in Ireland, by those who can boast of the pure, ancient Celtic culture, will provide the totally unique experience for which the Ecotour was set up.
4.12. Hosts/Hostesses are not required to register with tourism authorities.
5. Responsibilities of the Visitor
5.1. Unless you state otherwise, you will be understood to agree that Strategic Partners and Service Providers may take photographs and video recordings of you whilst you travel.
5.2. These photographs and videos may be used on the Company’s Website and in other tourism promotions, with the Company’s prior written agreement, without seeking further permission or making any payment.
5.3. Unless you stipulate otherwise, you will be understood to agree that the Company may use any text written by you in questionnaires, comment forms or put on the Internet, without seeking further permission or making any payment.
5.4. The Strategic Partner and Service Providers do not accept any liability, whatsoever, for any form of behaviour by Visitors.
5.5. The Strategic Partner and Service Providers, will not tolerate any forms of abuse or disrespect, verbal or otherwise, by Visitors. Any Visitor who is deemed, by the Service Provider or by the Strategic Partner, to be acting in a disrespectful manner towards fellow Visitors or towards those whom they meet on the Ecotour, may be refused permission to embark on or continue the Ecotour, without any refund of any kind whatsoever.
5.6. You are responsible for looking after your possessions. This includes but is not limited to any possession left behind, forgotten or damaged, irrespective of the circumstances.
5.7. You must contact the Guide, fifteen (15) minutes prior to a scheduled departure by coach, ferry etc. It is your responsibility, to check the accuracy of dates and times booked, upon receipt of your Booking Confirmation.
6. Health and Safety
6.1. Visitors warrant that they are fit, mentally and physically, to travel by land, sea and air and that they will not impair in any way, because of any physical or mental state, the safety or enjoyment of other Visitors. Strategic Partners and Service Providers reserve the right to refuse participation or continuation in the Ecotour by any Visitor who appears to them to be in an unfit condition for any reason. They shall have no liability, of any kind or of any nature whatsoever arising, in respect of any such refusal.
6.2. Strategic Partners and Service Providers shall not be liable to provide medical information or warning in respect of consequences, risks and side-effects of any treatments or services. Strategic Partners and Service Providers shall not be liable for the outcome of any treatment or service.
6.3. Visitors with disabilities are welcome on Ecotours, if:
- s/he has a companion who will provide any necessary assistance; and
- s/he does not require other assistance.
6.4. Any medical or physical condition which requires third-party attention or treatment must be advised in writing at the time of Booking. You must ensure that any such notice is acknowledged in any Booking Confirmation. Not all types of disability can be accommodated.
6.5. It is a condition of Bookings that you comply with the interests of health and safety decisions by a Strategic Partner or Service Provider. If you do not comply or are otherwise deemed by a Strategic Partner or Service Provider to take from the general well-being or enjoyment of fellow Visitors, you may be refused permission, by the Strategic Partner, to embark on or to continue on the Ecotour. In such a case, the Strategic Partner or any Service Provider will not be liable for any refund, compensation or for any additional costs or damages, of any kind, howsoever incurred.
6.6. Smoking is permitted in open-air public places, in accordance with Irish law. There is no smoking in any enclosed service areas, except private houses in Gaeltacht areas, where the Host/Hostess will take the sole and final decision on the matter. It is strongly advised that, on Booking, you note whether you have a preference for or an objection to smoking.
7.1. You accept that the Website is neither necessarily error-free nor that your use of it will provide any particular result.
7.2. Neither the Company nor the Website owner will be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, incidental or consequential damages of any kind arising from the following:
- any use of the Website or its content;
- any failure which arises subsequently; or
- non-performance by the Company, the Strategic Partner, Service Providers or by anybody else, for any reason.
7.3. Matters which relate to payments, cancellations, refunds, insurance or any other laws in your jurisdiction, which may govern the provision of an Ecotour including, but not limited to, in France: assurance responsabilité civile (Civil liability) and assurance recouvrement des coûts de voyage (Recovery of Travel Costs insurance) etc.; or likewise in Germany: Haftpflicht and Reisekostenrücktrittsversicherung etc., shall at all times be the responsibility of the Strategic Partner and shall be subject to the terms and conditions of a Strategic Partner. The Company accepts no liability of any kind with regard to the procurement of any insurance in relation to any Ecotour.
7.4. In consideration of receiving, from the Company, the right to use information provided on the Website, the receipt and sufficiency of which is hereby acknowledged by the Strategic Partner, the Strategic Partner, hereby releases, acquits, remises and forever discharges the Company and, if any, its agents, employees, volunteers, successors and assigns, and their respective heirs, representatives, affiliates, successors or assigns and any and all persons, firms, or other legal persons of and from all manner of action(s), cause(s) of action, suits, debts, sums of money, accounts, reckonings, bonds, bills, specialities, covenants, contracts, controversies, agreements, promises, variants, trespasses, damages, judgements, executions, claims and demands whatsoever, in law or in equity, which the Strategic Partner or its relevant affiliates ever had, now have or which any representative, successor, heir or assign, hereafter can, shall or may have against the Company, by reason of any matter, cause or thing whatsoever.
7.5. There shall be no cause whatever for claims against the Company or the Website owner by the Strategic Partner or by any associate thereof, however defined.
7.6. The Visitor hereby waives his/her right to make any claims of any kind against the Company and its Members, Officers and volunteers or against the Website owner, under any policies of insurance or as a result of the lack of any policies of insurance of any kind.
7.7. The Company and Website owner take no responsibility for damage or viruses which may affect any equipment because of access to or use of the Website. Neither the Company nor the Website owner can be held responsible for typographical and printing or other errors arising from circumstances it deems to be beyond its control.
8. Law and Jurisdiction
8.1. The performance of any Contract, between the Company and any other person, shall be governed by the laws of Ireland. You irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with use of the Website, or its subject matter (including non-contractual disputes or claims).
8.2. If there be an inconsistency between any of the provisions in these Terms and Conditions and the provisions in any other terms and conditions provided by a Strategic Partner (and its Service Providers), or in a Contract, or a Travel Contract, the provisions of these Terms and Conditions shall prevail in respect of your and the Strategic Partner’s relationship with the Company.
9. Data Protection and Intellectual Property
9.1. Any data gathered by the Company on Visitors, will be held, in accordance with the Data Protection Acts 1988-2003, for the purposes of promoting the Ecotour. The Company is not responsible for data collection and processing by the Strategic Partners and Service Providers and accepts no liability for this.
9.2. The Strategic Partner, for a Booking, may require personal data of the prospective Visitor.
9.3. The Website content may not be reproduced, in any way, without the Company’s permission. Unauthorised use of the Website content may violate intellectual property rights and other laws. Any incorrect use of the Website may occasion liability for damages or loss.