Terms & Conditions
Kennedy and Carr Limited (“Kennedy & Carr”, “We”, “Us”, “Our”) is a private company with
Limited Liability incorporated in Ireland (company number 492852).
Kennedy and Carr UK Limited (“Kennedy & Carr”, “We”, “Us”, “Our”) is a private company
with Limited Liability incorporated in Northern Ireland (company number NI686294).
Due to ongoing European insurance market dislocation following the recent exit of the United Kingdom
from the European Union (Brexit), Kennedy and Carr Limited (Ireland) will not enter into contracts
for season 2022 / 23.
Accordingly, the following terms and any contracts arising therefrom are between you and Kennedy and Carr UK Limited.
Founded in Dublin in 2010, we are a specialist travel agency with expert knowledge of the Irish market.
Our services are as advertised and in respect of those services we are acting only as Booking Agent,
connecting guests with the best services available throughout Ireland. Accordingly, third party names
may appear on your credit card statement.
This website and our products are offered to you, the customer, conditional upon your acceptance without
modification of the terms and conditions contained herein. Because they contain legal obligations,
we encourage you to read them carefully and to keep a printed version with your travel documents.
Application of These Terms and Conditions
These terms and conditions, together with the terms set out in the Booking Form, including the Good to Know section,
and any further terms and conditions notified to you by us prior to your entering into a contract with us
(including without limitation any terms and conditions in our brochures or on our website) and any other terms which
we both otherwise agree, will be binding on Kennedy & Carr and you, once a contract is made between us and will form
the basis of that Contract.
A contract will exist between us once you have made your booking with us, and we have received your booking form and
your deposit (or such other fee as may be appropriate, for example where you are making a ‘late booking’).
If any part of our terms is found to be invalid or unenforceable, then the remainder of them will not be affected
and will remain valid and enforceable.
All holidays are subject to availability. When you make a booking with us you are making an offer to us to buy
some of our advertised services. We reserve the right to refuse to accept and/or not to proceed with any booking
at any time in our sole discretion. Once the contract is made between us we will perform our obligations to you
in accordance with our terms. All bookings must be made by a person aged eighteen years or over. Where your booking
is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us
as the ‘lead name’ for your booking. The lead name will be responsible and be deemed to accept responsibility for
making all payments due to us in accordance with our contract. Completion and submission by you of our booking form
will be treated by us as confirmation that you have read, understood and accepted all our Terms. It is important that
you accurately complete our booking form as all documents, notices and other information relating to your holiday
will be sent to this address. It is your responsibility to ensure that the details which you supply to us are correct.
We can accept no responsibility for any incorrect or misinformation supplied to us by you.
Part I: Private and Custom Tours
1. Booking, Confirmation & Payment
In order to complete a booking you should complete and sign our booking form and return it to us together
with a non refundable deposit of 30% of the holiday price or, in the case of bookings made within 30 calendar
days of departure, the full holiday price.
We will then send you a written confirmation of booking so as to confirm a binding contract between us
which will be governed by the laws of Northern Ireland and subject to the exclusive jurisdiction of
the Northern Irish courts.
The balance of the holiday must be paid not later than 30 calendar days prior to departure and if not
received on time we reserve the right to treat the booking as cancelled and to levy cancellation charges
as set out below in paragraph 3.a).
Payments may be made by bank transfer, Visa or MasterCard.
Payments greater than EUR 10,000.00 must be settled by bank transfer unless otherwise agreed.
A surcharge of 1.44% will be added for Visa / MasterCard Personal Cards (SEPA), 1.94% for Visa / MasterCard Business Cards (SEPA),
2.44% for Visa / MasterCard Personal Cards (Interregional), 2.94% for Visa / MasterCard Business Cards (Interregional)
and 2.95% for American Express credit card bookings (SEPA / Interregional).
At peak times vehicles may be leased from industry fleet- pools paired with hand- picked driver guides.
In such circumstances, a third party name may appear on your credit card statement.
2. Alterations by You
If, after we have confirmed a booking, you request a change in the dates or content of your itinerary we will do our best
but cannot promise to meet your revised requirements. We reserve the right to charge a non refundable alteration fee of 2%
of the tour price to make any necessary alterations. Please also bear in mind that altering travel routes or dates can
sometimes increase the cost of your package. We shall require your authority in writing before we can make any change.
In the event that a change is requested in relation to a group booking we require the authority in writing of the lead name
before we can make the change. Furthermore, any such requests received within 30 calendar days of departure will be treated
as a cancellation and re-booking and thus subject to the cancellation charges set out in paragraph 3.a).
Transfers – Where you or any member of your party is prevented from travelling for any reason
(including death, illness or jury service) we will transfer your booking to any other person satisfying all the requirements
relating to your holiday provided that you give us reasonable notice in writing to make such arrangements and that you
and the transferee agree to be jointly and severally liable for any outstanding payment under the contract.
Treatment of changes by our suppliers – Many of our suppliers do not permit us to change names or travel dates and impose
full cancellation charges. We will pass these on to you in addition to our administration charge, where applicable.
3. Cancellation by You
If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it
relating to any person (in the case of a group booking), we will require your authority in writing or (in the case of
a group booking) the authority in writing of the lead name to do so. Written cancellation instructions will be effective
on the day we receive them. Accordingly, recorded delivery is recommended. Emailed cancellation instructions are only
effective once confirmed by return email by Kennedy & Carr.
We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us
for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made
to your departure date as we may not be able to resell your holiday without making significant price reductions, or at all.
Depending on when written notification of cancellation is received, cancellation charges will apply as follows:
Calendar Days prior to departure Percentage of holiday price:
We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made
by us and paid by you relating to your holiday in the event of cancellation by you.
- Over 30 Days, 30% (or loss of initial deposit if different to 30%)
- Between 0 Days – 30 Days, 100% of the total cost
- Advance Purchase Rates – 100% of the total cost
We cannot give any allowance or refund for meals, accommodation, transport or other pre-paid services not taken where
these are included in the holiday price nor once the holiday has started can we give any refunds for cancelling part of the holiday.
If your reason for cancelling is because of events beyond your control (e.g. illness, death of a close relative) you may
transfer your booking to another party provided that you give us reasonable notice to make such arrangements and that
you and the transferee agree to be jointly and severally liable for any outstanding payment under the contract.
4. Alterations or Cancellation by Us
Once your booking has been confirmed we will make every effort to provide you with the booked holiday arrangements but reserve
the right to alter or cancel the whole or part of the holiday if we cannot avoid doing so. Reasons for doing so may include
but shall not be limited to such force majeure matters as extreme adverse local weather conditions, natural disasters, civil
strikes or conflict, terrorist activity, fire, flood conditions, outbreaks of disease, epidemics or pandemics, actions of
government and similar. No compensation will be paid for force majeure cancellations.
5. Prices and Increases
The prices of our private and custom tours are typically quoted in EURO ( €) (EUR). We reserve the right to withdraw any
quotations that have not been secured by settled payment within 7 calendar days of the offer.
Unless otherwise agreed the holiday price includes the cost of all land- based transportation, driver- guide (& his overnight
expenses where applicable), fuel, road tolls and associated taxes.
Unless otherwise agreed the holiday price does not include travel insurance, flights, baggage / excess baggage charges,
tipping for services, guest accommodation, meals, refreshments or items of a personal nature.
The holiday price is based on costs known at the date of booking and on relevant rates as at that date, it is subject to
variation only to reflect subsequent increases in transportation costs (including fuel), dues, taxes (including VAT) and fees
chargeable for services or adverse exchange rate fluctuations. Even so, we will absorb any such price increases up to an equivalent
of 2% of the holiday price but if the necessary price increases exceed that level then we reserve the right to notify you accordingly
and to charge you that extra amount up to a maximum of 10% after which level you will have the right to cancel the holiday within 14 days
of such notification with full refund of all monies paid or we will have the right to charge you such excess over 10% of the holiday price.
Notwithstanding the provisions of this clause the holiday price will not be increased within four weeks of departure.
6. Our Responsibilities to You
We accept and acknowledge our obligations to you in accordance with the Package Travel and Linked Travel Arrangements
Regulations 2018 (UK) or such statutory amendments thereof for the proper performance of our obligations under the contract.
Our statutory liability in this regard is subject to the exceptions set out in the Statutory Regulations.
In summary those exceptions apply where failure to perform the contract or its improper performance is due neither to our fault
nor that of anyone supplying services to us but is due or attributable to you, unforeseeable or unavoidable failures attributable
to unconnected third parties, Force Majeure or events which neither we nor our suppliers could, even with all due care, foresee.
Even so if you suffer difficulties in any of these circumstances we will do our best to give you prompt assistance within reasonable limits.
Notwithstanding paragraphs a) and b) above our liability and / or the amount of compensation payable by us is limited in accordance with
the relevant international conventions including the Warsaw, Geneva, Berne, Athens and Paris Conventions. In addition our maximum liability
to pay you compensation for damage (other than personal injury) is limited to a full refund of the holiday price.
Please note that we cannot accept any responsibility for weather conditions. In particular, severe snow or flood conditions may make
a particular location impassable. Every effort will be made to ensure that you are not subject to inconvenience due to any of the above,
but no responsibility can be accepted if this does occur.
If you are unhappy with any of your holiday while you are on tour you must address your complaint immediately to the supplier of the services
to us.They will do their best to rectify the situation. It is unreasonable to take no action while on holiday, but then to write a letter of
complaint upon return. If the problem has not been resolved by the end of your holiday then you must supply us with full written details within
30 days thereof. Failure by you to complain at such earliest opportunities may prejudice your legal rights.
We are not responsible for any loss, death or injury that is attributable to your acts or omissions, or the acts or omissions of third parties
not involved in providing the services which make up your holiday, unless we could have foreseen such circumstances.
Nor are we liable for unusual or unforeseen circumstances whose consequences could not have been avoided by exercising all due care.
You are responsible for the conduct of any children travelling with you and for their compliance with the condition set out in section 7
of these conditions, and in particular those in section 7 (b).
In the event of vehicle breakdown, no refund will be applied for the lost time. We will do everything in our power to ensure this does not happen.
Our vehicles are late model variants with most being less than 24 months in use and maintained to national annual car testing standards.
7. Your Responsibilities
It is your responsibility that passports (with at least 6 months validity beyond the date of your return), visas, and other necessary
travel documents are in order and we reserve the right to charge you any costs incurred by us due to your failure in any of these respects.
It is also your responsibility to check in for your flights by the correct time and to be in the right place at the right time for ground
travel arrangements. We do not accept liabilities if you fail to do so and no credits or refunds will be given for lost or mislaid transportation
tickets or other travel documents.
You must act with reasonable prudence whilst on holiday and must comply with all health and safety requirements of guides, accommodation providers and the like.
As between you and suppliers of accommodation, transport and other services which form part of your holiday their conditions of business
will apply which may mean that you will be required by such suppliers to sign liability waivers or other documentation for some potentially
more hazardous activities such as golfing, walking, horse- riding, boating, canoeing / kayaking etc.
It is strongly recommended that you take out a comprehensive travel insurance to fully cover all aspects of your holiday including cancellation,
personal liability, personal accident, personal baggage, public liability, medical expenses and repatriation at the time of booking your holiday
and prior to tour commencement.
Kennedy and Carr UK Limited is fully insured for our Public, Product and Professional Liabilities under the Package Travel and Linked Travel
Arrangements Regulations 2018 (UK) through Camberford Law, 2 Royal Exchange, City of London.
9. Covid-19 Acknowledgement And Additional Holiday Information
By entering into a booking contract with us, guests acknowledge that they must be fit to travel and agree to comply with all health protocols
as directed by the company staff during their journey.
The Company will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you
(including, where applicable, the cost of medical treatment, curtailment of your holiday, missed transport arrangement and additional
accommodation required), in the following circumstances:
Prior to departure, you have been diagnosed or have otherwise been in contact with someone who has been diagnosed with Covid-19
and are no longer able to travel and/or required to self-isolate.
After your departure and during your holiday, you have been diagnosed or have otherwise been in contact with someone who has been
diagnosed with Covid-19 and are required to self-isolate.
You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or any
other government body or local authority or fail to submit for testing or assessment when requested to do so and as a consequence
you are denied boarding, denied entry to the destination or otherwise denied access to any of your travel arrangements.
This includes any requirement to be fully vaccinated (including any and all necessary boosters) and for that vaccination to be valid,
in-date and accepted by the country(ies) which you are travelling to.
In response to the Covid-19 global crisis, each destination has implemented their own health and safety measures and precautions in an attempt
to combat the spread of the disease. Specific regions, resorts, event organisers and suppliers have also introduced their own health and safety
measures in line with government advice (local or national), depending on their capacity and ability to take certain precautions.
It is your responsibility to make yourself aware of and comply with the measures that are in place at the travel destination, resort or other
accommodation you have booked, Health and safety measures and requirements may also vary for each activity, tour and other excursions and travel
arrangements you have booked.
These measures may be mandatory and it is essential that you and any members of your party comply with and respect any local and national health
and safety measures throughout the duration of your holiday as you could face penalties for failing to do so.
Such measures may include, but are not limited to, social distancing, the use of facemasks both indoors and outdoors,
a maximum number of households or people in the accommodation or other facilities and restrictions on the use of certain facilities.
They may also include a requirement for you to take a specific Covid-19 test and show a negative result or proof of recent recovery
of Covid-19 or show proof of being fully vaccinated (including any and all necessary boosters) and for that vaccination to be valid,
in-date and accepted by that specific supplier, destination, resort etc. We will not be liable for any costs, fees, charges or penalties
you incur from your failure to comply with any mandatory requirements or measures.
Where possible, we will make you aware in advance of any mandatory measures that are in place at your travel destination and/or in place
at any of the travel arrangements that you have booked. However, it is your responsibility to check the measures and requirements that are
in place at your travel destination and ensure you are checking these regularly before your departure date. For further information we suggest
you visit the government pages of your country of residence and search for the country(ies) you are planning to travel to, as well as the website
and/or terms and conditions of your specific travel arrangements. Please note that regulations may differ in Ireland (European Union) and
Northern Ireland (United Kingdom).
It is your responsibility to check the entry requirement for the destination(s) you are travelling to as many countries have introduced additional
entry requirements. Entry requirements may include, but are not limited to, proof of a negative Covid-19 test taken at a certain point prior to your
departure date, additional Covid-19 test(s) taken at certain points during your holiday or proof of a Covid-19 vaccination (including any and all
necessary boosters) and for that vaccination to be valid, in-date and accepted by the country(ies) which you are travelling to. In addition to these
requirements, you may be required to complete and present additional travel documentation beforehand detailing any destination you have travelled
through/visited recently and whether you have been diagnosed or been in contact with anyone who has been diagnosed with Covid-19 recently.
If you fail to complete and/or present the above when required, or if you fail any health check, you may be denied boarding and entry to your
travel destination(s). We do not accept responsibility if you cannot travel and we are not liable for any costs, fees or charges you incur if you
have not complied with the requirements or if you fail any health check. Unless stated otherwise, you will be responsible for the cost of any Covid-19
tests that you are required to have before and/or after your departure.
Entry requirements are likely to differ for each country and may change before your departure date. Therefore, it is important that you keep up to date
with the entry requirements that are in place for your travel destination(s).
It is your responsibility to make yourself aware of the above and regularly check for the most up to date information up until the point of your departure.
Part II: "Concierge Range", Scheduled Tours, Scheduled Day Tours
1. About Us
We operate the Kennedy & Carr Platform as an intermediary platform on which tours and Activities (collectively "Activity" or "Activities")
are offered online by a variety of local Suppliers around the island of Ireland ("Suppliers"). We act as a commercial agent for the Suppliers.
The descriptions and illustrations of these Activities originate from the respective Suppliers. We therefore have no direct influence on the
scope of such content.
2. Products and Booking Reservations
Kennedy & Carr provides the Platform through which you can enter into a contract with a third party supplier of a Product ("Supplier").
Kennedy & Carr is not a supplier of any Product, and your contract for supply of any Product you Book will be directly between you
and the applicable Supplier. In respect of each Booking, Kennedy & Carr acts as a disclosed agent on behalf of the Supplier, meaning
that a Product listing represents an invitation to you to make an offer to a Supplier, and that we are free to accept or reject such
offer on behalf of that Supplier and to facilitate the collection of payments from the Users, e.g. you for the account of the Supplier.
However, the provision of the Product you Book will be subject to the terms and conditions displayed on the Website in respect of such Product,
any information made available to you during the Booking process, and the terms and conditions of the Supplier with whom you have a legal contract
for the supply of the Product.
If you make a Booking, you agree to review and be bound by the applicable Supplier's terms and conditions and any other rules or policies
related to the Product (the "Supplier Terms"). Notwithstanding the foregoing, to the extent that the Supplier Terms conflict with these
are at your own risk. Kennedy & Carr will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches
or negligence of any Supplier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions
with any Supplier.
Kennedy & Carr is not a tour operator and does not provide or own any Experiences. Although Kennedy & Carr provides the Website with information
about Products and facilitates Bookings, such actions do not in any way constitute Kennedy & Carr’s sponsorship or approval of such Suppliers,
or any affiliation between Kennedy & Carr and any Supplier. You agree that Kennedy & Carr is not responsible for the accuracy or completeness
of information it obtains from Suppliers and/or that is displayed on the Website.
By making a Booking, you warrant that you are at least 18 years of age, that you possess the legal authority to enter into both this binding
agreement and a binding agreement with the Supplier, to use the Services, to purchase the Product, and that all information you supply is true
and accurate. You further agree that you will use the Platform to make only legitimate Bookings for you and/or others for whom you are legally
authorized to act.
We reserve the right to make the use of the Kennedy & Carr Platform, individual functions of the Kennedy & Carr Platform or the extent to which
individual functions can be used, subject to certain conditions, such as the payment behavior of the customer (e.g. in the case of prior bookings)
or to make it dependent on the presentation of certain proofs (e.g. proof of identity, purchase, payment or ownership). We reserve the right to
restrict your booking Activities in the case of suspected fraud, violation of these Kennedy & Carr terms and violation of obligations under the
Service Agreement, which become known to Kennedy & Carr.
We are not obligated to improve, extend (updates/upgrades) or make available the content, functions and services provided via the Kennedy & Carr Platform.
We may discontinue our services and performances at any time, there is no right to continuation.
Unless otherwise stated, scheduled budget and economy “multi- day” tours and scheduled group day tours from Dublin, Cork, Limerick
and Belfast are operated by Paddywagon Tours Ltd, the market leader in this segment. Scheduled city sightseeing and Dublin area tours
are operated by Dublin Bus, the leading provider of transport services in Dublin and operated by the Irish state.
Scheduled premium small group tours are operated by Elegant Irish Tours.
The price of each Product will be quoted on a per-person basis, unless otherwise specified.
Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by the Supplier.
See Section 6 for more information about currency conversions.
Price quotations are subject to change without notice, until a Booking has been made.
Inclusions are determined by the Supplier. Prices do not include tips/gratuities; baggage and personal insurance; any items of a personal nature;
and any beverages or food that the Supplier has not specifically stated are included.
When you make a Booking online, the Supplier collects your payment information securely via the booking calendar and processes your payment
as described in Section 14. In doing so, the Supplier collects your payment for the applicable Product(s).
Full payment by credit or debit card is required to make a Booking, unless otherwise specified.
The legal name of any given payee will be listed on your statement.
The value of your Booking may be subject to taxes, duties, foreign transaction, currency exchange or other fees.
Your bank or payment card company may convert the payment into the local currency and may charge fees, resulting in differences between
the amount displayed through the Platform, and the final amount charged to you. Kennedy & Carr recommends that you contact your bank
or card company if you have any questions concerning any applicable currency conversion or fees.
6. Currency Conversions
If the booking calendar provided by the Supplier provides a currency converter, currency rates are based on various publicly available
sources and should be used as guidelines only. Rates are not verified, and actual rates may vary. Currency quotes may not be updated
on a daily basis, and Kennedy & Carr and its affiliates do not warrant or guarantee accuracy. Kennedy & Carr shall not be liable to you
if prices change due to currency fluctuations.
7. Tour Vouchers & Booking Reference Numbers
You will receive a personalised email and / or Booking Reference Number for each tour event or service booked online.
You must provide the voucher / Reference Number to the appropriate service provider in order to redeem your tour, ticket or package.
Your reservation may not be honoured or redeemed without presenting a valid voucher. Service Providers may request a printed voucher
for administrative purposes.
For security reasons, you may be asked to present a valid photo ID and to sign your voucher.
This is for identification purposes only and helps us to prevent fraud.
In some cases, you may also be required to present the credit card used to purchase your tour or ticket at the time of redemption.
This generally applies only to attraction and show tickets. This helps us to prevent credit card misuse.
You will be advised at checkout whether or not you must present the credit card used for booking.
In some cases we will waive this requirement, generally to facilitate gift purchases.
Please note that in some cases your voucher can be confiscated and immediately cancelled without refund, if your signature
and / or name do not match those shown on your credit card.
8. Customer Service
In the interest of a fast and smooth process - you may ask questions about your booking to Kennedy & Carr customer service.
For this purpose you can find various forms on the contact us page, as well as through our hotline.
As commercial agents, we support the Suppliers in this process, we usually answer within 24 hours, or at the latest usually within 48 hours.
The communication between you and the Supplier can be done directly.
In case of emergency, the contact details of the respective Supplier can be found on your voucher.
9. Cancellations & Refunds
Guests who book seats on scheduled tours online via www.kennedycarr.com enjoy the most competitive cancellation and refund terms in the scheduled tours market.
Online bookings of scheduled day tours can be cancelled up to 24 hours before the start time of the Booking, or in the case of scheduled overnight
and extended tours, 72 hours before the start time.
The cutoff time for a tour can be viewed on the corresponding product page on our website and on your email ticket, once purchased.
Times are based on local time in Dublin, Ireland. For example, if a tour with a 24 hour cutoff period is scheduled to commence at 08:00 Dublin time on 22nd November,
you will be able to cancel for a full refund up to 07:59 Dublin time on 21st November.
This is the most competitive Free Cancellation & Full Refund policy in the Irish tours market.
If you have booked online via www.kennedycarr..com, there will be a “cancel and refund” link in your email ticket.
Simply click this link and complete the steps to process your cancellation and automated refund.
Your full refund will be made automatically and securely to the card used to make the booking. We will not issue refunds to you by other means
e.g. in cash, to an alternative credit card, to your bank account or by cheque etc. It can take between 5-10 business days for your refund
to make its way back through the financial system and reappear on your account, once released.
You will receive automatic email confirmation of cancellation and refund immediately upon successful completion of cancellation.
Please check your inbox to make sure you have received this as we will not enter into discussions over refunds for “no shows” where your cancellation
was not successfully processed before the 24 or 72 hour cutoff points referenced above.
If you prefer, you may ask our staff to execute the cancellation and refund for you. You can do this by telephone or by email.
Please bear in mind that staff are only able to assist within business hours and making contact outside of business hours may mean that you miss the cutoff.
Where our staff assist, they are simply following the same process that you have access to yourself via your email ticket.
It is not possible for staff to override the process or the secure automated refund method.
If you choose to cancel after the cutoff time governing the tour you have booked, no refund will be granted. Likewise, no refund or partial refund
will be made once a tour has commenced, or in respect of any tour package, accommodation, meals or any other services that have started to be utilised.
If you need to cancel after the cutoff time for refunds has passed, you may be able to make a claim under your insurance policy.
10. Implementation of the Activity
You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Supplier’s terms and conditions.
If you are traveling to the activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and
compliance with health requirements, etc.
The booking price of the services does not include insurance. You are responsible for sufficient insurance coverage.
The insurance requirement depends on the booked activity.
For time and deadline calculations, the time zone of the Supplier shall be decisive.
11. Further Rights of the Supplier
The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier's control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the activity. In this case, the booking price paid for the canceled Activity will be refunded.
The Supplier may exclude you from an Activity if you do not meet the requirements for participation required on the Kennedy & Carr Platforms. Also, if you would endanger yourself or others through your participation, or if you disrupt the implementation of the activity in any other way. In these cases, the booking price paid for the activity will not be refunded.
The Supplier may make immaterial changes to the program at any time if this appears necessary due to circumstances arising at short notice. This includes tour dates, prices, itineraries, routes, inclusions, coverage, age requirements, etc. at any time at their discretion.
Suppliers seek to avoid such changes where possible and will only seek to make changes where this will improve the experience of tour participants or where this is necessitated by local operational factors. Current itineraries will be maintained at www.kennedycarr.com at all times.
Insignificant program changes also include a change of the starting/meeting point for the tour, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked activity and will be communicated to you by email or displayed via the Kennedy & Carr platform.
Please note that scheduled tours can operate in either direction and may not follow the exact route published due to local operational considerations such as weather, traffic conditions, seasonal availability of suitable accommodation etc. All timings are approximate and exact routes are not guaranteed.
In line with the above, Kennedy & Carr reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked at www.kennedycarr.com or through affiliated websites, at any time, for any reason and at our sole discretion. In such cases, if you are dissatisfied with the available alternatives, you are entitled to a full refund of the original purchase price. Notwithstanding the above, when we are informed in advance by our service providers and/or suppliers of a change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to cancel, amend or re-issue the booking where feasible.
12. Further Rights of the Supplier
It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the jurisdiction they are
visiting for current entry requirements.
As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate
consulate prior to departure.
Insurance is not included with any of the products advertised. We strongly recommend that you purchase a comprehensive Travel Insurance Policy prior
to departure. If you cancel your trip or significantly alter travel dates, many policies will reimburse the cost of cancellation fees and related expenses.
Kennedy and Carr UK Limited is fully insured for our Public, Product and Professional Liabilities under the Package Travel and Linked Travel Arrangements
Regulations 2018 (UK) through Camberford Law, 2 Royal Exchange, City of London.
13. Disclaimers and Limitations of Liability
Under no circumstances will Kennedy & Carr or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any
of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue
or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by
third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of www.kennedycarr.com or affiliated websites
regardless of the form of action.
Kennedy & Carr and its agents and suppliers, in making arrangements for hotels, tours, transportation or any service in connection with the
itineraries of individual customers, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person
or property due to act of default by any hotel, carrier or other company or person providing services included in the tours.
Furthermore, Kennedy & Carr and its agents and suppliers accept no responsibility for any sickness, pilferage, labour disputes, machinery breakdown,
government restraints, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or
casualty or any other causes beyond their control.
We do not warrant that functionality, content or information contained on www.kennedycarr.com or any affiliated website will be uninterrupted
or error free, that defects will be corrected, or that www.kennedycarr.com or the servers that make it available are free of viruses or bugs.
If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which
these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable,
it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be
binding and enforceable.
We have the right to revise and amend these Terms from time to time by notifying you
or placing updated Terms on the website. You may not vary these Terms unless agreed in
writing with us. You will be subject to the Terms in force at the time that you entered
the conditions outlined at the start of these Terms. You may wish to print a copy of
these Terms with a date-stamp for future reference.
If we fail, at any time, to insist upon the strict performance of any of your obligations
under any of these Terms, or if we fail to exercise any of the rights or remedies to which
we are entitled, this shall not constitute a waiver of such rights or remedies and shall
not relieve you from compliance with such obligations.
If any of these Terms is determined by any competent authority to be invalid,
unlawful or unenforceable to any extent, such term, condition or provision will to that
extent be severed from the remaining terms, conditions and provisions which will continue
to be valid to the fullest extent permitted by law.
Third Party Rights
A person who is not a party to the Terms shall not have any rights under or in connection with
them under the Contracts (Rights of Third Parties) Act 1999.
Law and Jurisdiction
These Terms and Conditions and Conditions of Carriage shall be governed by and construed in accordance
with the laws of Northern Ireland. Disputes arising here from shall be exclusively subject to the
jurisdiction of the courts of Northern Ireland.
Any dispute arising between the parties relating to this Agreement shall in the first instance be referred
to be determined by a single arbitrator to be appointed, in default of agreement, upon the application
of either party, by or on behalf of the President or Acting President for the time being the Law Society
of Northern Ireland in accordance with the provisions of the Arbitration Acts.
Underwriters: Camberford Law, 2 Royal Exchange, City of London