TERMS AND CONDITIONS
Kennedy and Carr Limited (“Kennedy & Carr”, “We”, “Us”, “Our”) is a private company with Limited Liability incorporated
in Ireland (company number 492852). We are specialist travel organisers. Our services are as advertised and in many of those services we are
acting only as Booking Agent. Where we act as Booking Agent 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 Before You Leave 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
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 60 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 Ireland and subject to the exclusive jurisdiction of the Irish courts.
- The balance of the holiday must be paid not later than 60 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, cheque or credit card.
- Payments greater than EUR 1,000.00 must be settled by bank transfer or cheque 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).
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 holiday price to make any
necessary alterations. Please also bear in mind that altering travel 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 60 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.
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. Faxed cancellation instructions must be confirmed in the post and be received by us.
- 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.
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.
- Calendar Days prior to departure Percentage of holiday price
- Over 90 Days, 30% (or loss of initial deposit if different to 30%)
- Between 30 - 90 Days, 75% of the total cost
- Between 0 Days - 29 Days, 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.
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.
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 and water-based transportation, accommodation, services of drivers
and guides, scheduled activities and most airport taxes.
- Not included in the holiday price is travel insurance, flights, baggage / excess baggage charges, tipping for services, drinks in accommodations,
meals outside accommodation, specific meals in certain hotels and 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.
Our Responsibilities to you
- We accept and acknowledge our obligations to you in accordance with the Package Holidays and Travel Trade Act, 1995 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 away you must address your complaint at the earliest opportunity to the supplier of the
services to us. 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 maintained to national annual car testing standards. Our vehicles are late model variants with most being less than 24 months in use.
- 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 ballooning, canoeing / kayaking, walking, riding and boating 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 & Carr Limited is fully insured for our Public, Product and Professional Liabilities under the Package Holidays & Travel Trade Act 1995 through Lloyd’s of London, the world’s specialist insurance market.
PART II: “CONCIERGE RANGE”, SCHEDULED TOURS, SCHEDULED DAY TOURS AND AIRPORT TRANSFER SERVICES
Product Validity, Modifications & Amendments
- As dedicated travellers, we understand the value of a trusted online resource where you can quickly book Ireland’s most popular tours and travel experiences at the best value. Kennedy & Carr hand-selects every one of our local third party travel providers and screens each experience for quality, value and service.
- Unless otherwise stated scheduled budget “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 luxury tours are operated by CIE Tours International and scheduled active tours are operated by Vagabond Tours Ltd.
- All products, tours and services offered by the travel agency arm of Kennedy & Carr are valid as per the dates displayed at www.kennedycarr.com or any affiliated website. Kennedy & Carr is not responsible or liable for any information that it does not directly provide.
- All requests for modifications/amendments must be directed to Kennedy & Carr who will process the request.
- Kennedy & Carr does not charge a fee to amend or change the dates of an existing booking, as long as the request is received by our Customer Care team more than three (3) business days ahead of your confirmed travel date. A business day will mean every official working day of the week. These are the days between and including Monday to Friday and do not include Irish public holidays and weekends.
- Treatment of changes by our suppliers - Many of our suppliers do not permit us to change names or travel dates and impose amendment / cancellation charges. We will pass these on to you in addition to our administration charge, where applicable. Please ask us for details of the supplier amendment / cancellation charges regarding the tour of interest to you.
- It is not possible to change or modify a special event, theatre or show ticket. Sales of these tickets are final and cannot be amended once your original purchase is confirmed.
- All date-change requests and amendments are subject to availability by our suppliers and/or service providers; Kennedy & Carr cannot guarantee the success of any date-change request.
- If you request a date change within three (3) business days or less of your confirmed travel date, Kennedy & Carr will attempt to honour your request; however changes made three business days or less from your original travel date may attract an additional fee.
- 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.
- Please note that tour operators reserve the right to make amendments to tour dates, prices, itineraries, routes, inclusions, coverage, age requirements, etc. at any time at their discretion. As professionals they seek to avoid this 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.
- In line with 1.f. 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. d.2) Notwithstanding the above, when we are informed in advance by our service providers and/or suppliers of a significant 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 amend or re-issue the booking where feasible.
Pricing & Inclusions / Exclusions
- Prices listed on www.kennedycarr.com and affiliated websites are per person, unless otherwise specified.
- Prices are based on the specified currency at the time of quoting, converted in the spot market at the prevailing foreign-exchange rate as determined by our foreign exchange providers.
- The abbreviation EUR or symbol € will mean “EURO”, the abbreviation GBP or symbol £ will mean “Great British Pounds Sterling” and the abbreviation USD or symbol $ will mean United States Dollars.
- Price quotations are subject to change without notice, until a booking has been confirmed.
- Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under “Inclusions” on the product pages of www.kennedycarr.com or affiliated websites.
Payments & Cancellations
- Kennedy & Carr accepts the following credit cards: MasterCard, Visa, and American Express.
- Full payment by credit card (or guarantee by credit card and full payment by cash) is required to make a scheduled tour or private day tour reservation.
- Individual Tour Operators may charge a service fee for processing credit card payments. Please ask us for service charge details regarding the tour of interest to you.
- To book certain tours we will require you to provide us with the cardholder’s information, including billing address and corresponding signature.
- As regards scheduled group tours, you are entitled to a full refund only if you give us 28 days notice of your intention to cancel by email. If you choose to cancel within 28 days of departure no refund will be granted. Likewise, no refunds are available once a scheduled product has been purchased or once a tour or service has commenced, or in respect of any package, accommodation, meals or any other services utilised.
- The abbreviation EUR or symbol € will mean “EURO”, the abbreviation GBP or symbol £ will mean “Great British Pounds Sterling” and the abbreviation USD or symbol $ will mean United States Dollars.
- Cancelling a booking with Kennedy & Carr can result in cancellation fees being applied by Kennedy & Carr as outlined below. Additional fees may be levied by the individual supplier / operator. (See your booking voucher for specific details). When cancelling any booking you will be notified by email, fax or telephone of the total cancellation fees.
- Event, attraction, theatre, show or coupon ticket. These are non refundable in all circumstances.
- Tour or Package commencing during a special event / holiday period. These are non refundable in all circumstances.
- Other Tour Products & Services may be rescheduled without refund as follows; You may reschedule a single day tour up to 24 hours of the scheduled departure or commencement time. You will be unable to reschedule a tour or service that has already commenced. Rescheduling can only be facilitated in line with product availability.
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.
- When you book a scheduled day tour through us you can avail of a free transfer from Dublin City Centre to Dublin Airport. The buses to the Airport leave Paddy’s Palace Hostel, Lower Gardiner Street 364 days a year at 7am, 9am, 11am, 1pm, 3pm, 5pm and 7pm. All seats on board the free shuttle bus are subject to availability. If all seats are full you will have to wait for the next bus on the timetable or forego the service without compensation. The journey time will take approximately 30 minutes. If traffic is heavy or there are unforeseen circumstances this may take longer. We take no responsibility for you being late for your flight. Airport transfers are limited to one per tour passenger. Printed tour voucher with corresponding ID must be shown at time of departure as proof of purchase.
Passports, Visas & Insurance
- 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.
- 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.
Disclaimers & 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.
Restrictions on Use
You agree that you will not:
- use the site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the site;
- use the site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
- use the site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting reviews;
- use the site to promote bigotry or discrimination against protected classes;
- use the site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- use the site to submit or transmit pornography or illegal content;
- use the site to solicit personal information from minors or to harm or threaten to cause harm to minors;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site Content;
- attempt to gain unauthorized access to the site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the site or site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
The Terms and Conditions and Conditions of Carriage including all matters arising from it are subject to Irish Law and any dispute will be resolved by the courts of the Irish Republic. Our Terms do not affect your statutory rights. Furthermore, all online reservations shall be deemed as booked in the Republic of Ireland, and shall be subject to Irish law and jurisdiction.
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 Ireland in accordance with the provisions of the Arbitration Acts 1954 - 1980.
A ‘package’ is a pre-arranged combination of at least two of the following, booked by you through us at an inclusive price, and where the combination lasts for a period of more than 24 hours or involves overnight accommodation: (a) transport; (b) accommodation; (c) other services not ancillary to transport or accommodation and a significant part of the booking. Where the arrangements which you make with us for your holiday do not amount to a ‘package’ (as defined above) we act as booking agent only. Furthermore, where the arrangements are listed as “scheduled tours, day tours and airport transfer services” we act as booking agent only.
Bank of Ireland, Donnybrook, Dublin 4.
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Camberford Law PLC, Bromley, Kent, England.
Kean’s Solicitors, Pembroke Street, Dublin 2.