1 WHO ARE WE
This website www.aerialadventure.ie (our “Website”) is operated by Envision Entertainment Limited t/a Aerial Adventure (“us”, “we”, “our”). We are a private limited company registered in Ireland under company number 599177 and have our registered office at 215 Rathmines Road Upper, Dublin 6.
2 PURPOSE OF THESE TERMS
These are the terms and conditions (“Booking Terms”) on which we sell and supply our adventure package and bespoke tours and related services to you. These Booking Terms tell you who we are, how we will provide tours to you, how we may change or end your contract with us, what we do if there is a problem and other important information. Please read these Booking Terms carefully before you submit your order to us, as they include important provisions that exclude and limit our liability to you.
3 YOUR ACCEPTANCE OF THESE BOOKING TERMS
3.1 By placing an order you are offering to purchase a tour at a time and date to be specified by you (“Tour”) on and subject to these Booking Terms, and you hereby represent and warrant that you have the legal capacity to enter into and agree to these Booking Terms and, in particular, that you are over 18 years of age. We retain the right to refuse any order made by you for a Tour.
These Booking Terms refer to the following additional terms, which also apply to any Tours which you book with us:
3.2.2 Our Privacy Statement, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
4 YOUR PRIVACY
4.2 We will use the personal information you provide to us: (i) to supply Tours to you; (ii) to process your payment for Tours; and (iii) if you agree to this, to inform you about similar products or services that we may provide in the future, but you may stop receiving these communications by contacting us or using one of our unsubscribe facilities. If we have to contact you we will do so by telephone or by email using the contact details you gave us when your order.
5 CHANGES TO THESE BOOKING TERMS
We reserve the right to make changes to these Booking Terms at any time. This will not affect any orders you have placed with us, but the amended Booking Terms will apply to your future purchases. The most recent version of the Booking Terms will be the ones you will need to accept before making any purchase through our Website. Any amendments, modification or variation to these Booking Terms you purport to make will not bind us.
6 OUR CONTRACT WITH YOU
6.1 All orders are an offer by you to purchase a tour at a time and date specified by you (“Tour”) pursuant to these Booking Terms.
6.2 Orders for Tours are placed through our Website (by clicking ‘Book Now’, filling in the relevant Enquiry Form and clicking ‘Send’. You will need to supply us with your name, email address, number of passengers, preferred dates and any other relevant information.
6.3 When you submit an Enquiry Form to us, you will receive an email from us (“Confirmation Email”) containing (i) a price quotation for your proposed Tour as well as further details relating to the Tour (“Itinerary”); (ii) a Passenger Details section, which must be completed by you; and (iii) a copy of these Booking Terms. The Confirmation Email will only be an acknowledgement of receipt of your Enquiry Form and will not constitute acceptance of your order.
6.4 You should carefully review the Itinerary and Booking Terms. You should also review and complete the Passenger Details section in the Confirmation Email. If you wish to change any of these details, please send us an email setting out the details which you wish to change and we will send you a revised Confirmation Email. Once you agree with the Itinerary and Booking Terms and you review and complete the Passenger Details section (which Itinerary, Booking Terms and completed Passenger Details section shall together form the “Booking Agreement”), you must print off, sign and return a copy of the Booking Agreement by email to email@example.com.
6.5 The information required in the Passenger Details section of the Confirmation Email may include (but shall not be limited to): your name, telephone number and delivery and billing address; payment details (if payment is being processed by card or online); whether the passengers travelling in your Tour are adults or children; the weight of each passenger travelling in your Tour; any special requirements of any passengers travelling in your Tour; the name and telephone number of any chauffeur used by you in connection with your Tour; details for any linking flights (including flight number). We will need this information from you so that we can supply our Tours to you. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will not be able to proceed with booking your Tour.
6.6 A contract between us for the provision by is to you of a Tour will be formed when we have received both (i) a signed and completed Booking Agreement; and (ii) payment of the Deposit (as defined below), by such means as we may indicate to you in the Booking Agreement (which means may include by debit or credit card or through a payment provider or wire transfer). We will retain a record of your purchase on our files. The Booking Agreement (comprising the Itinerary, Passenger Details section and Booking Terms) will govern our contract, which will be in the English language only. Please save a copy of the Booking Agreement for future use.
6.7 In order to make a payment to us for a Tour you must possess a valid payment card issued by a bank acceptable to us. When making a payment for a Tour, you undertake that all details you provide to us are true and accurate, and that you are an authorised user of the payment card used to place you order and that there are sufficient funds to cover the cost of the Tour.
6.8 All orders for Tours are subject to availability. If we are unable to accept your order for a particular Tour, we will inform you of this via email and will not charge you for the Tour. This might be because of factors including but not limited to: unexpected limits on our resources which we could not reasonably plan for; unavailability of one of our third party service providers; an error which we have identified in the price or description of a Tour; or an inability to accommodate your party size or suggested Tour date.
7 YOUR RIGHT TO MAKE CHANGES
7.1 If you wish to make a change to a Tour you have ordered after your order has been accepted by us and the applicable Deposit has been paid by you (including but not limited to if you wish to increase or reduce your party size, or if you wish to change the date), please contact us by email at firstname.lastname@example.org. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, Tour or Tour date or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
7.2 If you do not wish to go ahead with the Tour and instead choose to cancel the Tour, such cancellation will be subject to the provisions of section 11 below.
8 OUR RIGHT TO MAKE CHANGES
8.1 Once we have received your signed Booking Agreement and Deposit and a contract has been entered into between us in accordance with section 6.6 above, we will use reasonable efforts to provide you with the Tour in accordance with the specifications set out in the Booking Agreement but we reserve the right to make minor amendments to your Tour itinerary such as to commencement and finish times; landing points; flight times and durations; and number and locations of landings, provided the Tour which we provide to you is substantially the same as described to you in the Booking Agreement.
8.2 If, after we have received your signed Booking Agreement and Deposit and a contract has been entered into between us in accordance with section 6.6 above, we seek to make significant changes to a Tour/Tour(s), such as changing the date or starting point, we will notify you and you may then contact us to end your contract with us and receive a refund, provided the relevant Tour has not yet commenced.
8.3 If you require there to be made a significant change to your Tour (for example, if you seek to increase the number of landings or extend the length of time spent at a particular location), we may charge you for any additional time flown or expenses incurred by us or our suppliers in accommodating these additional requirements.
8.4 The commander of the helicopter aircraft used in a Tour shall have absolute discretion to refuse to carry any passenger, baggage or cargo, to decide what load may be carried and is distributed, to decide whether, when and how a flight may safely and legally be undertaken and where and when the aircraft should be landed, and generally as to all matters relating to all operations of the aircraft.
8.5 Our Website may contain typographical errors or other errors or inaccuracies and may not be complete and current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on our Website which contains errors or inaccuracies or out-of-date information including, without limitation, errors, inaccuracies or out-of-date information regarding pricing or payment terms.
9.1 We will begin the Tour(s) at the time and on the date set out in the Booking Agreement.
9.2 WE ARE NOT RESPONSIBLE FOR DELAYS, CANCELLATIONS OR CUT SHORT TOURS WHICH ARE OUTSIDE OUR CONTROL. IF A TOUR IS DELAYED BY AN EVENT OUTSIDE OUR CONTROL SUCH AS ADVERSE WEATHER CONDITIONS, PILOT ILLNESS OR LAST-MINUTE UNAVAILABILITY OF BOATS OR HELICOPTERS, THEN WE WILL USE REASONABLE EFFORTS TO CONTACT YOU AS SOON AS WE CAN TO LET YOU KNOW ABOUT THIS DELAY. IN THE EVENT OF A CANCELLATION OF YOUR TOUR, YOU MAY CONTACT US TO RECEIVE A REFUND FOR SUCH SUMS AS YOU HAVE ALREADY PAID TO US BUT WE CANNOT GUARANTEE THAT WE WILL BE ABLE TO REFUND YOU WITH THE FULL AMOUNT WHICH YOU HAVE PAID TO US IN RESPECT OF THE RELEVANT TOUR(S), IF WE DO NOT RECEIVE A FULL REFUND FROM OUR THIRD PARTY SUPPLIERS.
9.3 IF A BOAT SAILING COMMENCES BUT, DUE TO ADVERSE WEATHER CONDITIONS OR REASONS BEYOND OUR REASONABLE CONTROL OR THAT OF OUR SUPPLIER, THE BOAT CANNOT LAND AT ITS INTENDED DESTINATION, YOU HEREBY ACCEPT AND AGREE THAT IN SUCH AN INSTANCE, THE BOAT WILL INSTEAD SAIL AROUND THE INTENDED DESTINATION AND WE SHALL, AT YOUR WRITTEN REQUEST, ISSUE WITH A REFUND FOR 50% OF THE PROPORTION OF THE PRICE PAID BY YOU FOR THE TOUR WHICH MAY BE ATTRIBUTABLE TO THE BOAT SAILING.
9.4 IN THE EVENT OF CANCELLATION OR EARLY TERMINATION OF HELICOPTER FLIGHTS AND/OR BOAT TRIPS DUE TO WEATHER CONDITIONS:
9.4.1 WE WILL ENDEAVOUR TO RESCHEDULE AN ALTERNATIVE TIME OR DATE FOR YOUR TOUR, SUBJECT TO HELICOPTER AND BOAT CREW AVAILABILITY;
9.4.2 WHILST WE WILL ENDEAVOUR TO ADVISE YOU OF THE LIKELIHOOD OF UNSUITABLE WEATHER, WE ACCEPT NO RESPONSIBILITY FOR THE ACCURACY OF ANY FORECAST PROVIDED;
9.4.3 WE RESERVE THE RIGHT TO CHARGE FOR AVAILABILITY OF THE HELICOPTER AND/OR BOAT AND COSTS ALREADY INCURRED BY US; AND
9.4.4 THE PILOT ALONE SHALL DECIDE ON THE SUITABILITY OF THE WEATHER FOR SAFE FLIGHT FOR ANY OPERATION.
10 YOUR RIGHT TO END THE CONTRACT
10.1 Your rights when you end your contract with us will depend on which Tour you purchased, whether there is anything wrong with it, how we are performing, where you are resident and when you decide to end your contract with us.
10.2 If you want to end your contract with because of something we have done or have told you we are going to do, see Section 10.3 below.
10.3 If you are ending a contract with us for any of the following reasons, your contract will end immediately and, subject to the provisions of section 8.3 above, we will refund you for any Tours which have not commenced:
10.3.1 we tell you about a significant upcoming change to a Tour or these Booking Terms which you did not agree to;
10.3.2 we tell you about an error in the price or description of a Tour, or commencement date of a Tour you have ordered and you do not wish to proceed;
10.3.3 you have a legal right to end the contract because of something we have done wrong.
11 HOW TO END YOUR CONTRACT WITH US
11.1 To end the contract with us, please let us know by email to email@example.com. You will need to provide your name, home address, details of the order and, where available, your phone number and email address. You will also need to include the reason for you wishing to cancel your Tour. We are not obliged to agree to cancel your order.
11.2 If a refund is due to you, we will refund you the price paid for the relevant Tour, by the method you used for payment, save that if you cancel after the Cancellation Dates set out in the Schedule hereto we shall retain or, if you have not paid such sum, you shall pay to us, the sum set out in the Schedule hereto. We may also make deductions from the price for any additional costs actually incurred by us in connection with your Tour up to the date of termination of your Tour. We will make any refunds due to you as soon as possible.
12 OUR RIGHT TO END THE CONTRACT
12.1 We may end the contract for a Tour at any time by writing to you if:
12.1.1 you breach any of the Booking Terms, our Website Terms or other policy or notice published on our Website from time to time;
12.1.2 your payment card turns out to be invalid for any reason, you payment cannot be completed or you do not make any payment to us when it is due and at our sole discretion you still do not make payment within 30 of days of us reminding you that payment is due;
12.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Tour you ordered, for example, details of number, names and weights of the passengers on your Tour.
13 PROBLEMS WITH A TOUR
If you have any questions or complaints about a Tour, please contact us promptly by email at firstname.lastname@example.org.
14 PRICE AND PAYMENT
14.1 The price for a Tour (which includes VAT, if applicable) will be the price indicated on the Booking Agreement, subject to the provisions of clause 14.2 below. We take reasonable care to ensure that the price of the Tour advised to you is correct. However please see Sections 8.5 above and 14.3 below for what happens if we discover an error in the price of a Tour you order.
14.2 If the VAT rate changes between your order date and the date we supply the Tour, we will adjust the rate of VAT that you pay, unless you have already paid for the Tour in full before the change in the rate of VAT takes effect.
14.3 Whilst we try and ensure that prices which appear on our Website are accurate, errors can occur. If the correct price of a Tour at your order date is higher than the price stated, we will inform you of this in our Confirmation Email. If we are unable to contact you then your order will be deemed cancelled.
14.4 The price for Tours insofar as they apply to helicopter flights are for a specific service of helicopter availability, flying time and ancillary costs. Any additional availability, flight or costs incurred due to you changing your requirements from those set out in the Booking Agreement, whether prior to or during the course of your Tour (for example, if you change your itinerary or increase the size of your Tour party or length of your helicopter ride or request additional flying time during your Tour), may be subject to additional charge to cover the additional cost incurred by us and/or our suppliers in respect of making these additional services available to you.
14.5 We accept payment through wire transfer or, if notified to you in the Booking Agreement, by credit or debit card or third party payment processor. Unless otherwise set out in the Booking Agreement, the price for a Tour is payable as to:
14.5.1 a deposit of 25 % (“Deposit”) of the price of the Tour upon acceptance by us of your booking. We will call you to process your payment over the telephone; and
14.5.2 the remaining 75% of the price must be paid by you by no later than thirty five (35) days prior to the date on which the Tour commences.
15 OUR RESPONSIBILITY TO YOU
15.1 NOTHING IN THESE BOOKING TERMS WILL EXCLUDE OR LIMIT YOUR STATUTORY RIGHTS.
15.2 NEITHER PARTY LIMITS OR EXCLUDES ITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ITS EMPLOYEES OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW BUT IF YOU CAUSE OR CONTRIBUTE TO YOUR INJURY BY YOUR OWN NEGLIGENCE, WE MAY BE EXONERATED FROM LIABILITY IN WHOLE OR IN PART.
15.3 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY, OR ANY INDIRECT OR CONSEQUENTIAL LOSSES.
15.4 TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY EXCLUDE AND DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND/OR OTHER TERMS (OTHER THAN AS TO TITLE) OF ANY KIND EXPRESS OR IMPLIED (WHETHER BY THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 OR OTHERWISE) WHICH ARE NOT EXPRESSLY SET OUT IN THESE BOOKING TERMS.
15.5 SUBJECT TO THE FOREGOING:
15.5.1 OUR TOTAL AGGREGATE LIABILITY TO YOU IN RESPECT OF ANY AND ALL CLAIM(S) FOR DAMAGE TO PROPERTY SUFFERED BY YOU AS A RESULT OF OUR NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED A SUM OF €3 MILLION; AND
15.5.2 OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL OTHER CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE BOOKING TERMS OR THE MATTERS TO WHICH THESE BOOKING TERMS RELATE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED A SUM EQUAL TO TWO TIMES THE TOTAL AMOUNT ACUTALLY PAID BY YOU TO US UNDER THESE BOOKING TERMS.
16 WE ARE NOT RESPONSIBLE FOR EVENTS OUTSIDE OUR CONTROL
WE SHALL NOT BE IN BREACH OF THESE BOOKING TERMS NOR LIABLE FOR DELAY IN PERFORMING, OR FAILURE TO PERFORM, ANY OF OUR OBLIGATIONS UNDER THESE BOOKING TERMS AND/OR FOR DELAY IN PROVIDING OR FAILING TO PROVIDE A TOUR IF SUCH DELAY OR FAILURE RESULT FROM EVENTS, CIRCUMSTANCES OR CAUSES BEYOND OUR REASONABLE CONTROL. IF THERE IS A RISK OF SUBSTANTIAL DELAY YOU MAY CONTACT US TO END THE CONTRACT AND RECEIVE A REFUND FOR ANY TOUR YOU HAVE PAID FOR BUT NOT RECEIVED.
If you are a consumer and you are not happy with how we have handled any complaint, or if a dispute arises between us in relation to a Tour, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
18 BAGGAGE, CHECK IN AND AIRPORT TRANSFERS
18.1 Baggage allowance is limited by weight to 15kg per passenger. To maximise the available space, we recommend non-rigid bags, the total dimension of each not to exceed 60ins (length + width + height). Subject to space being available extra bags may be carried, however this may result in additional flight charges and/or landing fees. We, and our suppliers, reserve the right to refuse excess baggage and arrange ground transfer (at additional cost) where the above limits are exceeded.
18.2 Where golf clubs are to be carried, you must notify us in advance at the time of booking, to ensure that a suitably modified helicopter is supplied. We regret that due to limited space only 1 x standard, non-professional set (removed from transit case) can be carried per passenger.
18.3 If in doubt of any articles you may be carrying please contact us in advance of the commencement of your Tour. The following list a non-exhaustive list of articles that should never be packed in baggage or carried on the aircraft in person: Explosives – fireworks, flares, toy guns and caps Flammable & Non Flammable Gas – aerosols (over 2kg or 2 litres), camping gas cylinders. Carbon dioxide cylinders for soda siphons, lighter refills, butane gas cylinders, filled aqua lung cylinders, mace Deeply refrigerated gases – liquid nitrogen Flammable Liquids – paints, thinners, solvents Flammable solids – firelighters Oxidising materials – bleaches 3 Organic peroxides – resin kits poisons – arsenic, cyanide, weed killer, tear gas Infectious substances – viruses and bacteria etc.
19 CHECK-IN AND AIRPORT TRANSFERS
19.1 Passengers departing from a helicopters’ facility, or a private/hotel site should be available for boarding at the helipad 15 minutes prior to the scheduled departure time of the helicopter, to allow for a safety brief and security checks. If departing from an airport, please allow 30 minutes. Failure to do so may result in cancellation of the flight or additional charges.
19.2 Passengers transferring to a helicopters service should notify us in advance at the time of booking your Tour. Our suppliers will make reasonable endeavours to continue to make the helicopter available beyond the scheduled departure, but we reserve the right to cancel your booking if you are significantly delayed in meeting the scheduled departure time.
20 GENERAL TERMS
20.1 These Booking Terms operate to the fullest extent permissible by applicable law. If any provision (or part thereof) of these Booking Terms are unlawful, that provision (or part thereof) is deemed severable from these Booking Terms and does not affect the validity and enforceability of any remaining provisions (or part thereof).
20.2 Nothing in these Booking Terms shall be construed to create a partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
20.3 You may not assign or otherwise transfer any of your rights or obligations under these Booking Terms or hold them on trust without our prior written consent and any attempted assignment or transfer without such consent will be void. We may sub-contract, assign or novate any of our rights and/or obligations under these Booking Terms and you agree to promptly execute any and all documents necessary or desirable for that purpose.
20.4 Each of the sub-paragraphs of these Booking Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Booking Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 These Booking Terms and the documents incorporated by reference constitute the entire agreement between you and us with respect to your access and use of our Website and any purchases you make via our Website. No other person shall have any rights to enforce any of these Booking terms.
21 GOVERNING LAW
These Booking Terms and any dispute or claim arising out of or in connection with it are, or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Ireland, and you agree that the courts of Ireland have exclusive jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms. However, this does not prevent us from instituting proceedings outside of Ireland.
22 CONTACTING US
If you have any questions, requests or complaints regarding these Terms please contact us using the following information:
Mailing address: 215 Rathmines Road Upper, Dublin 6
Telephone: +353 (0)86 813 7989
These terms were last amended 9 August 2017
|Cancellation date||SINGLE AIRCRAFT CANCELLATION FEE IF TOUR SCHEDULED FOR
(expressed as a percentage of the total Tour price)
|SINGLE AIRCRAFT CANCELLATION FEE IF TOUR SCHEDULED FOR,Nov-Apr
(expressed as a,percentage of the total Tour price)
|MULTIPLE AIRCRAFT CANCELLATION FEE
(expressed as a
percentage of the total Tour price)
|Less than 60 days prior to commencement of the
|Less than 30 days prior to commencement of the
|Less than 15 days prior to commencement of the Tour||50%||10%||75%|
|Less than 7 days prior to commencement of the Tour||75%||20%||85%|
|Less than 48 hours prior to commencement of the Tour||85%||30%||100%|
|Less than 24 hours prior to commencement of the Tour||100%%||60%||100%|
|No notice prior to commencement of the Tour||100%%||100%||100%|