TERMS AND CONDITIONS
Dated: December 2022
PART 1 – GENERAL TERMS AND CONDITIONS
1.1 These Terms & Conditions (“Terms and Conditions”) set out all the terms and conditions upon which we provide you, your guests and members of your party (“you”, “your”, “Customer” or "Customers" as relevant) with access to the services at Wildlands ("Wildlands").
1.3 These Terms and Conditions incorporate our Privacy & Cookies Policy and the legal waiver referred to in section 7 below. Use of the Website is governed by the Website Terms and Conditions, incorporated herein in Part 2.
1.4 Wildlands is operated by FDT Outdoors Limited (the "Operating Company" or "we" as relevant), email: [email protected]. Wildlands is located at Ballyquirke East, Moycullen, Co. Galway, Eircode H91WYV2. The address of our registered office is the same address as our location and our registered company number is 640236.
1.5 There are areas within Wildlands where charges apply. The Olive Tree Kitchen is open to the public. Management reserves the right to refuse entry to any entrant to Wildlands or the Olive Tree Kitchen in accordance with section 8 below.
1.6 All Customers entering Wildlands (both paying and non-paying) do so subject to their adherence to these Terms and Conditions.
1.7 These Terms and Conditions bind you, your guests and members of your party and you shall be responsible and liable for any failure on their part to comply.
1.8 The key offerings at Wildlands include:
· Zip ‘n’ Trek
· Zip ‘n’ Trek Junior
· Fun Walls
· Celtic Challenge Rooms
· Disc Golf
· Baile Beag
· Off-Road Adventure
· Bush Craft
· Fairy Trails
· Adventure Play
· Forest Walks
· Yoga and Wellness
· Cloud Climb & Ninja Course
· Team Building and Group Events
· Food & Beverage outlets: Olive Tree Kitchen and The Wildlands Wagon
1.9 To access the paid-for areas a ticket must be purchased. This can be purchased using the Website, or by arriving at Wildlands and purchasing a ticket at the reception desk. Each person purchasing a ticket for themselves or a group, and before entering a ticketed area of Wildlands, is deemed to have accepted these Terms and Conditions as displayed on the Website and at available at our premises. For the avoidance of doubt, all visitors who enter Wildlands and/or avail of its services, whether they have purchased a ticket or not, are deemed to have accepted these Terms and Conditions.
1.10 It is your responsibility to check the accuracy of the details in your cart or on your ticket or gift voucher before confirming the purchase. The Operating Company does not accept any responsibility for bookings that are incorrect due to an error on the part of the Customer.
1.11 Upon making a booking or purchase of a ticket or gift voucher from the Website you will receive an email, to the email address you have supplied, with details of your booking, your ticket or gift voucher.
1.12 The email constitutes your receipt and proof of purchase. Please check that you have received this email following purchase. We take no responsibility if you do not receive this email due to reasons outside of our control. You must advise us as soon as possible of any mistake therein.
2. Accommodation bookings
All customers of our accommodation offering are bound by these Terms and Conditions. Bookings made via Booking.com or Airbnb have their own bespoke payment and cancellation terms which will supersede the terms set out herein to the extent of any inconsistency.
2.1 Deposits: A deposit amounting to 20% of the total booking is required at time of booking to secure the accommodation booking. All deposits are non-refundable. We have the right to pre-authorise your card prior to arrival. The remaining balance will be charged 21 days prior to arrival date. If you are booking with less than 21 days prior to arrival date, the full amount is due on booking. We do not accept liability if payment is refused or declined for any reason.
2.2 Changes and cancellations
2.2.1 All booking notifications, requests for changes or cancellations must be emailed to our reservations team at [email protected]. If your booking confirmation allows you to cancel online then your booking may be cancelled in that manner.
2.2.2 You may request to change your accommodation booking with us. Each change is subject to availability. Any change of date or accommodation will be likely to involve a change in price of your booking. The price payable is the price for your revised change which applies at the time of your change. No difference will be refunded except where a change of date results in a lower price.
2.2.3 Cancellation by you: you may cancel your accommodation booking at any time. All cancellations by you, regardless of when the cancellation occurs, will incur a loss of the non-refundable deposit of 20% of the total booking. A cancellation fee will apply and will be charged as follows:
(i) more than 7 days to the day of arrival but not more than 14 days: a cancellation fee of 50% of the total booking will be charged.
(ii) 7 days before the day of arrival or less: a cancellation fee of 100% of the total booking will be charged.
2.3.4 Separate arrangements apply to cancellation of activities, details of which will be provided at the time of booking any activities and in your activity booking confirmation. Please see section 3and/or section 4 below for more information.
2.2.5 Cancellation and changes by us: we have the right, at our sole discretion, to refuse to confirm any reservation. Where we have indicated that we will not accept a booking from you or accept your presence, we reserve the right at our sole discretion to cancel any booking you may have made or refuse to allow you to enter the park or to ask you to leave our premises. If we do so (subject to the provisions of section 2.2.6 below) we will refund any payment made but will not pay any compensation.
2.2.6 We have the right to cancel your booking, or to instruct you or your party to leave the park immediately, without compensation or refund, should you or any of your party not comply with any term within these Terms and Conditions, particularly terms relating to behaviour and conduct.
2.2.7 We will not be in breach of these Terms and Conditions or otherwise liable or responsible for any loss or damage, change to, delay or failure to perform our obligations where such loss, delay, change or failure to perform is caused by a Force Majeure Event (as defined in section 12 below).
2.2.8 Subject to section 2.2.7 and section 12, in exceptional circumstances (which are not Force Majeure Events), we may need to cancel your booking. If this happens, we will advise you as soon as possible and offer one of the following options at our discretion: (a) a replacement booking to the same value as the one you booked. If your new booking is more expensive, you will be required to pay any additional cost. If your new booking is less expensive, we will refund the difference or (b) a full refund. If we issue you with a refund, we will return your money in the same way you made your original payment.
2.2.9 Refunds: where applicable, credit or debit card payments will be refunded via the same card number, less any non-refundable deposit and any other non-refundable amounts.
2.3 Breakages/ Damage: please refer to section 8.1 which sets out your liability to us in the event of damage to accommodation.
2.4 Loss of cabin keys will incur a replacement lock fee. A security deposit is required for more than one cabin key. Smoking in cabins is strictly prohibited, as is keeping unauthorised pets and where occurs will incur an excess cleaning fee which we will determine in our discretion. This fee will also apply in circumstances where a cabin is vacated requiring cleaning above normal.
2.5 Only guests registered to your cabin and booked as part of your booking may enter the cabin and the cabins common areas.
2.6 Noise must be kept to a minimum between 8pm and 8am.
3. Activity Bookings: payment and cancellations
This section applies to activity bookings. Accommodation booking payment and cancellation terms are set out in section 2 above.
3.1 For all activity bookings we will charge your credit or debit card through a secure payment system with a payment amounting to 100% of your total booking once availability has been confirmed. We do not accept liability if payment is refused or declined for any reason.
3.2 To cancel you will need to email us at [email protected]. You are responsible for ensuring that we receive the request. Except for our Winter Wonderland tickets(which are non refundable, non transferable and cannot be exchanged or re-scheduled) and subject to section 4 (group activity bookings) our policy for cancellations of activities by you is as follows:
3.2.1 If you cancel within 5 days of activity start time: no refund or reschedule.
3.2.2 If you cancel outside 5 days of activity start time; you have the option of a full refund less any online booking fees or charges incurred by us), a reschedule or a gift voucher in the amount of the cancelled booking.
3.2.3 If you wish to re-schedule your activity booking (and you are outside the 5 day period setout above) we will endeavour to accommodate you, but we are under no obligation to do so. Any request will be subject to availability. No-shows or participants who are late and refused entry are not eligible for a refund, reschedule or credit in any form.
3.3. As set out above, Winter Wonderland tickets are non refundable, non transferable and cannot be exchanged or re-scheduled.
3.4 Where applicable, credit/debit card payments will be refunded via the same card number, less any non-refundable deposit and any other non-refundable amounts paid.
4. Corporate, schools and/or bespoke group activity bookings
4.1 Corporate, schools and/or bespoke group activity bookings have their own payment, cancellation and non-refundable deposit terms which will be provided during the enquiry stage and such terms will apply to that booking and supersede the terms in section 3 above.
4.2 All corporate, school and/or bespoke group activity bookings must be booked directly with the Wildlands team either through e-mail:[email protected] or [email protected] or [email protected] or by phone.
4.3 Corporate, schools and other bespoke group activity bookings terms are set out in this clause and apply unless a bespoke agreement has been entered into with us.
4.3.1 Final guest list including full names of all participants, the food order(including detail re any dietary restrictions and medical conditions) and confirmation that waivers for all participants have been submitted must be provided to us 7 days in advance of arrival.
4.3.2 Minimum non-refundable deposit of 50% of the total booking amount is required on booking to secure the booking and this will be put towards the total cost of your group booking. This deposit is non-refundable in the event of cancellation. The remaining balance must be paid 7 days in advance of arrival. Where accommodation forms part of your group’s booking, the accommodation booking terms in section 2 above will apply to that part of your booking. We do not accept liability if payment is refused or declined for any reason.
4.3.3 Cancellations by you: if you wish to cancel your group booking, we require 7 days’ notice prior to the date of your booking date. Your deposit is non-refundable. In the event of cancellation by you within 7 days of arrival, no refund or reschedule applies. In the event of cancellation by you more than 7 days before the group booking we may, in our discretion, reschedule your booking or issue you with a voucher of the amount paid by you (less any deposit paid) for future use at Wildlands. Where accommodation forms part of your group’s booking, the accommodation booking terms in section 2 above will apply to that part of your booking.
4.4.4 Any additional guests added on the day (if there is availability to add them)must pay full price for activities and food. If you arrive on the date with less numbers that you confirmed for your group you will be charged in full for the shortfall. If you arrive on the date with more numbers that you confirmed, any additional guests must pay full price for activities and food for such additional persons.
4.3.5 Waivers: A waiver must be completed for all activity participants. Each U18 child must have a waiver signed by a parent/guardian. Each participating adult and each supervising adult (18+) must sign their own waiver. Waivers are valid for one year from signing date. The lead booker and/or any other adult supervisors with the group will be asked to complete a waiver on the day for any guests not having completed a waiver. Unless we agree otherwise, one adult (18+) can sign a waiver for up to 6 (U18) children in a party on the day.
4.3.6 Supervision: Adults who are members of the group booking are required to supervise guests at all times through the duration of the event until guests have been picked up by their own parent(s)/guardian(s). Supervision of booked guest is the responsibility of accompanying adults. Subject to the supervision requirements for each individual activity, the default position is that there must be at least one 18+adult for every 6 (U18) children in a group.
4.3.7 Where applicable, credit/debit card payments will be refunded via the same card number, less any non-refundable deposit and any other non-refundable amounts paid.
5.1 All persons entering Wildlands (both paying and non-paying) do so subject to their adherence to these Terms and Conditions. Entry to any activity areas without a ticket or when the park or areas are closed is strictly prohibited.
5.2 We recommend that you pre-book any activities requiring payment. We operate on a “first come, first served” policy so we cannot guarantee that you will be able to book a particular activity for a specific time or at all.
5.3 Save as otherwise permitted by the Operating Company, all Customers must pay for admission to paid activities at Wildlands. Any person attempting to gain admission to our paid activity areas without a valid ticket will be refused entry or removed.
5.4 All prices are quoted in Euro. The Operating Company reserves the right to increase or decrease ticket prices at any time up to the time of purchase. The prices of tickets purchased online are as stated in the Customer’s confirmation email. The ticket is valid only for the date and the entry time stated on its face.
5.5 The Website content and your access and/or browsingon it do not constitute a contractual offer by the Operating Company. Yourorder when placed through the Website is an offer to contract. Our confirmationemail, when sent to you constitutes acceptance of the contract on our part.
5.6 Online ticket purchases will include unique barcode/QR codes which will allow entry or access to the various paid for activities.
5.7 Online tickets are valid for a time and date as outlined and confirmed at time of purchase and are valid for one occasion, non-refundable and are non-transferable.
5.8 Tickets purchased at reception will be issued on receipt of payment and will be in the form of a receipt and/or may have a unique barcode/QR code that will allow access to the activities purchased. The receipt/ticket or code is linked to a specific customer booking and will only allow access to Wildlands facilities and areas as per the linked customer booking.
5.9 Wildlands receipts must be kept in a safe place at all times during a customer’s visit when in the areas where entry is controlled by receipt. Wildlands receipts are strictly non-transferable.
5.10 In the activity areas, the Operating Company’s staff may at any time request to see a Customer’s confirmation of booking which will be an electronic or paper receipt containing a valid barcode/code. It is important that receipts or booking codes are retained as in the event a Customer does not have a valid barcode/code they may be asked to leave, or unable to participate in an activity.
5.11 In the activity areas Wildlands staff may at any time request to see a customer’s receipt. In the event a customer does not have a valid receipt they may be asked to leave.
5.12 Individual areas of Wildlands have differing rules of entry. Certain activities are sold for one hour or other time duration and must be used at the time booked. Customers who arrive later than that may be refused entry depending on capacity constraints. If a safety briefing is missed in whole or in part a Customer will not be permitted entry. No refunds will be provided if any Customer does not get to partake in any specific activity as a result of late arrival. Customers who arrive earlier than their allotted time may be required to wait until the booked time before they can enter.
5.13 For health and safety reasons some of our activities have restricted availability based primarily on height, weight or age of Customers. The nature of the restrictions vary from activity to activity. Details of these restrictions can be viewed on each activity page on www.wildlands.ie and/or on information signs at Wildlands. Any Customer who does not meet the requirement will not be permitted to undertake the relevant activity. It is the Customer’s responsibility to ensure that all members of his/her booking or party meet the requirements.
5.14 The building at Wildlands is wheelchair accessible and suitable for ambulatory disabled persons. Some activities (or parts of activities such as the physical challenges in the Celtic Challenge Rooms) are not suitable for wheelchair users. Please contact us should you require further information. The FAQ section of our website gives more detail.
5.15 All activities are subject to minimum numbers. If minimum numbers are not met for individual activities, the Operating Company reserves the right to cancel said activities. If an activity is cancelled by the Operating Company for not meeting minimum numbers, in its discretion the Operating Company will offer an alternative activity. Where the Operating Company cannot provide a suitable alternative activity (in the Operating Company’s reasonable opinion) the Operating Company will credit payment made for the activity with a voucher for use at the Operating Company or, in its discretion, offer a refund.
5.16 Certain activities at Wildlands require a staff member to interact with the Customer.
5.17 Certain activities at Wildlands require a detailed briefing or induction before participation is allowed, and Customers must undertake and participate in these sessions before they can undertake the activity.
5.18 Wildlands has parking facilities, available to Wildlands guests only. Customers park vehicles and bicycles at Wildlands at their own risk. All valuable items should be left at home (or in the accommodation safe if staying in our cabins) and all vehicles and bikes should be locked and secured. The Operating Company accepts no responsibility for theft, loss or damage to a Customer’s property, howsoever arising.
5.19 Customers are responsible for keeping safe their own possessions (i.e. clothes, phones, cameras, etc) and must ensure to take all their possessions with them on departure. Lockers are provided for certain paid activities to store personal items. We accept no responsibility for any items stolen, damaged or lost in these lockers or on your person during your visit.
5.20 Customers with special needs may admit an accompanying carer free of charge when they purchase an adult or child ticket. Please bring relevant ID and documentation, such as an IAA Autism ID card, or an associated membership card, GP letter or hospital consultant letter which confirms the relevant Customer is unable to visit Wildlands independently without the aid of a carer or mobility aid.
5.21 If your ticket is resold or transferred for profit or commercial gain that ticket will be void.
5.22 When purchasing tickets to Wildlands, payment can be made by cash or debit/credit cards. EFT and cheques may, in our discretion, be accepted for bookings of more than 20. Personal cheques will not be accepted.
5.23 If tickets are purchased using a promotional offer or discount, proof of this offer or discount must be presented.
5.24 The Wildlands logo and name is protected by trade mark registration under European law and you agree that you will not infringe the intellectual property rights therein.
5.25 The Operating Company owns or is a licencor of all rights and interests in the imagery, text, software, logos, videos, names, music and graphics used within the Celtic Challenge Rooms activity and the Website. The use of video cameras, including using phones to take videos within the Celtic Challenge Rooms is strictly prohibited.
6 Gift Vouchers
6.1 Gift vouchers are subject to the terms on conditions on the voucher and they cannot be exchanged for cash but can be used to pay for any activity at Wildlands.
6.2 Gift vouchers are redeemable across all activities, our accommodation, in the Wildlands Wagon food outlet and also in the Olive Tree Kitchen food outlet.
6.3 The Operating Company will not be liable for gift vouchers which are lost, stolen or damaged. We reserve the right to refuse to accept a gift voucher which we believe to have been tampered with, duplicated, or damaged.
6.4 Gift vouchers may be used for more than one transaction unless otherwise stated on the voucher description.
6.5 Gift voucher confirmation email must be presented on request.
6.7 Gift vouchers with limited or specified availability i.e. midweek only will only be accepted where they are valid and apply.
6.8 Gift vouchers can be used as full or part payment. Any remaining balance can be left on the card and spent on future purchases. Cash refunds are not permitted.
6.9 Gift vouchers are non-transferable and may not be resold or bartered.
6.10 All bookings are subject to availability.
6.11 Gift vouchers expire 5 years after the date of purchase.
6.12 The Operating Company’s Terms & Conditions apply.
6.13 Where you request that a physical voucher isposted to a recipient, the cost of postage will be payable by you.
7. Supervision and Waivers
7.1 Customers under the age of 18 (“Children” or “Child”) must be accompanied by a parent/guardian Customer aged 18 years or over (“Adult”) whilst taking part in any Wildlands activity.
7.2 All activities at Wildlands have supervision requirements. The nature of the requirements vary from activity to activity. Details of these requirements can be viewed on each activity page, in the parties page on www.Wildlands.ie and/or on information signs at Wildlands. Subject to the supervision requirements for each individual activity, the default position is that there must be at least one Adult for every 6 Children in a group. For the avoidance of doubt, a group of 7 – 12 Children requires at least 2 Adults to accompany the group in order to enter Wildlands, and a group of 13 – 18 Children requires at least 3 Adults to accompany the group and so on.
7.3 All Customers participating in any activity at Wildlands do so in acceptance of all the Terms and Conditions in place at Wildlands at the time including in acceptance of the legal waiver incorporated therein. Each participating Child must have a waiver signed by a parent/guardian/supervising Adult. Each participating and each supervising Adult must sign their own waiver. Waivers are valid for one year from signing date. Unless the Operating Company agrees otherwise, one Adult can sign a waiver for up to 6 (U18) Children on the day.
7.4 Where members of a group are Children, the Adult(s) who accompanies the Children to Wildlands is deemed to be their guardian for the duration of the visit to Wildlands, will supervise the Children and is deemed to accept the responsibilities associated on their behalf.
7.5 You confirm that there is the required number of Adults for your booking and that the required number of Adult(s) will supervise all Children in the group during their time in Wildlands.
7.6 Children will not be served alcohol at any food and beverage outlet in Wildlands.
7.7 Wildlands reserves the right to examine ID to confirm the age of a Customer.
8.1 The Operating Company reserves the right, in its absolute discretion: (i) to refuse entry; (ii) to
remove from Wildlands without refund; and (iii) to recover from a Customer whether via the credit or debit
card used to pay for the booking or otherwise, the cost of any property or accommodation damage and/or
any compensation we may pay to others; any other costs, loss or fees it may incur resulting from any
Customer including Adults and Children or guests in its party) who:
8.1.1 behaves in a manner which, in the opinion of the Operating Company, its employees, contractors or agents, has affected or is likely to affect the safety or enjoyment of, or cause annoyance, danger or distress to, other customers or damage to property;
8.1.2 uses threatening, intimidating, abusive or insulting words or behaviour or in anyway provokes
or behaves in a manner which may provoke a breach of the peace;
8.1.3 appears, in the opinion of an employee, contractor or agent of the Operating Company, to be
under the influence of alcohol or other substances;
8.1.4 fails to comply with the instructions of Wildlands staff;
8.1.5 damages property at Wildlands including property in any accommodation (including reckless or negligent damage to equipment therein including safety equipment); or
8.1.6 breaches any term in these Terms and Conditions; or
8.1.7 for any other reason at the sole discretion of the Operating Company, its employees, contractors, agents or licensees.
8.2 Wildlands is a smoke and vape free facility. Smoking (including e-cigarettes) is prohibited at all times. Customers in breach of this rule will be asked to leave.
8.3 There are food and beverage outlets on the Wildlands premises. Customers are not permitted to consume food purchased from outside Wildlands while at Wildlands.
8.4 Pets or animals of any nature (except assistance dogs) are expressly prohibited in Wildlands.
8.5 It is prohibited to bring into Wildlands any of the following:
8.5.1 weapons, fireworks, smoke bombs, glass bottles, blades, flammable liquids;
8.5.2 portable BBQs or other articles that may cause injury;
8.5.3 skateboards, roller blades, roller skates, scooters and similar personal transport;
8.5.4 balls, hurleys, frisbees, balloons or other similar items;
8.5.6 Pets or other animals of any nature (except assistance dogs).
8.6 Customers (including Adults and Children) are not permitted to bring alcohol into Wildlands. Any Customers (including Adults and Children) found possessing alcohol on entry, or who appear to be unduly under the influence of alcohol may be refused admission or escorted out without right to refund. Alcoholic products may be served to persons aged over 18 in the Olive Tree Kitchen.
8.7 As an Adult parent or guardian accompanying Children, you understand and accept that all risks cannot be entirely eliminated without jeopardizing the essential qualities of the activities and experiences in Wildlands and therefore you expressly agree to accept and assume all of the risks voluntarily that exist in these activities and experiences.
8.8 Further, by acceptance of these Terms and Conditions you the Customer acknowledge and have the responsibility of outlining the potential risks associated with some of these activities to accompanying Children within your care.
8.9 Some of our activities are physically demanding and require a degree of agility, strength and stamina. As a Customer, and as an Adult in respect of accompanied Children, you hereby confirm that neither you nor any Child in your group has any medical, physical, behavioural or other condition that may preclude them from safely participating in the activities in which you and/or they intend to participate or which would make it more likely that they would be involved in any incident which could result in injury to themselves or others. We reserve the right to preclude any person from participating in activities where safety considerations or risks, medical conditions or other physical ailment sexist which may put the safety of that person or others at risk.
8.10 Customers accept that certain activities at Wildlands are unsuitable for those with certain physical, behavioural and/or medical conditions, or who are under the influence of alcohol or any illicit or prescription drugs which are likely to increase the risk of injury to oneself or others and that an assessment of the Customers ability to partake in certain activities will be in part, the responsibility of the Customer, or Adult parent or guardian in respect of Children. The Customer agrees not to consume alcohol or the aforementioned substances and accepts responsibility for injury, loss or damage associated with any such consumption.
8.11 Customer agrees not to visit Wildlands if suffering from an infectious or contagious medical condition or if has symptoms of such conditions. We reserve the right in our discretion to refuse entry to a Customer who appears to have an infectious or contagious medical condition.
8.12 Individual activities have clothing and footwear requirements. Details of these requirements can be viewed on each of the activity pages. It shall be the responsibility of all participants to ensure that they are dressed appropriately. The Operating Company advises participants to wear clothing appropriate for the weather conditions and which they do not mind getting damaged. The Operating Company will not be responsible for any damage to or loss of clothing or other personal items of persons resulting from participation in any activities. The Operating Company reserves the right to refuse admittance to the Activities to any participant who is not appropriately dressed.
8.13 The Operating Company reserves the right to refuse admittance to, or to remove a Customer from activities should it deem it necessary to do so and no refunds will be given. This includes a Customer who does not comply with the safety rules, safety direction or advice, does not use the supplied safety equipment properly, is deemed to be under the influence of alcohol or drugs or is not wearing appropriate footwear or attire for the activity.
8.14 The Operating Company reserves the right, in its sole discretion, to cancel without refund or compensation any booking made, refuse a Customer entry and/or request that a Customer leaves if we have reason to believe the Customer has breached any of these Terms and Conditions. You agree that we have the right to recover from you, whether by credit/debit card or otherwise, the costs of any property damage; any compensation we may pay to others; and/or any other costs, loss or fees we may incur resulting from you or your guest(s) action or inaction and/or from any breach of these Terms and Conditions.
8.15 No refunds will be payable by the Operating Company in the event the Customer or a guest in his/her group decides not to undertake or complete any activity. For group bookings, if fewer people turn up than you booked for there is no refund for the no-shows.
9.1 The Operating Company will use all reasonable endeavours to ensure that its activities are open for use by Customers during normal opening hours. Opening hours are subject to change from time to time at the Operating Company's discretion. The Operating Company reserves the right, in its absolute discretion, whether for safety reasons or otherwise, and with or without prior notice, to close Wildlands or any part of it. The fact that a specific activity is not available for any reason does not lead to any right of refund.
9.2 The Operating Company reserves the right to make changes to the booking to be provided to you (or other terms relating to the booking including activities), provided that such alteration does not (in the Operating Company’s reasonable opinion) materially affect the booking. In such circumstances, the Operating Company, in its discretion, reserves the right to reschedule the booking, credit payment made for any cancelled booking by means of a voucher or offer a refund.
9.3 We reserve the right to amend these Terms and Conditions at our discretion, without notice to Customers. The changes will become binding on you from the date of posting the changes so please ensure to regularly familiarise yourself with the contents of these Terms and Conditions.
10.2 We will use the personal information you provide to us online:
10.2.1 to take and fulfil your booking;
10.2.2 to process your payments for your booking; and
10.2.3 if you agreed during the booking process either online or in person, to inform you about similar services that we or our partners provide, but you may stop receiving these at any time by contacting us.
10.3 The building and grounds at Wildlands are covered by an extensive CCTV network. Notices are in place. We use footage from these cameras in accordance with our Privacy and Cookies Policy and only to as necessary to enable us to protect our legitimate interests, to safeguard our customers and our staff and for the security of our property. We may conduct security searches of clothing, bags, property and vehicles as determined by us in our reasonable discretion if we reasonably believe this is required to protect the safety of others. It is our policy to investigate any incident or allegation of concern or refer the matter to an appropriate external organisation should we consider this necessary or appropriate. A copy of our Child Safeguarding Statement is available on request.
10.4 From time to time the Operating Company, or other authorised parties, may carry out photography and/or video recording in Wildlands building and surrounds which may feature Customers. The Operating Company may not be in a position to obtain consent for this filming/photography and copyright in these materials rests with the Operating Company or such other authorised party (as the case may be).
10.5 While non-intrusive photography is permitted by Customers within their own party, any photography of other third party Customers is strictly prohibited. If photos are taken of Children without the express written permission of the accompanying Adult parents/guardians, these photos must be deleted. If the Customer refuses to delete the photographs they will be asked to leave and the Garda may be contacted. Customers are prohibited from taking photography at Wildlands for commercial purposes.
11. Limitation of Liability
11.1 Subject to section 11.3, the Operating Company shall not be liable to any Customer for any loss or damage, direct or indirect, howsoever arising including but not limited to loss or damage resulting from or related to the booking of or participation in an activity, the receipt of any services provided at Wildlands, these Terms and Conditions and/or the use of the Website. The Operating Company shall not be liable for any property stolen, lost or damaged at Wildlands and such property is brought onto the premises at the sole risk of the Customer.
11.2 Subject to section 11.3, the Operating Company shall in no case be liable for any indirect or consequential loss or damage incurred by any Customer in connection with or arising from the booking of or participation in an activity, the receipt of any services provided at Wildlands, these Terms and Conditions and/or the use of the Website including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.3 The Operating Company does not exclude or limit in any way liability to Customers for death or personal injury arising from its negligence, or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other liability which cannot be excluded or limited bylaw.
11.4 Subject to section 11.3, in all cases our liability to a Customer for the total of all claims arising out of a Customer's booking regardless of whether the claim for such damages is based in contract, tort, or pursuant to statute, or otherwise is limited to the cost of the Customer’s booking.
12. Force Majeure
12.1 The Operating Company will not be in breach of these terms and conditions or otherwise liable or responsible for any loss or damage, change to or delay or failure to perform, any of its obligations where such loss, delay, change or failure to perform is caused by circumstances outside the Operating Company’s reasonable control including, without limitation: (a) adverse weather conditions or acts of God, flood, drought, earthquake or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, imposition of sanctions, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction or prohibition; (f) collapse of buildings, fire, explosion or accident (g) any labour or trade dispute, strikes, industrial action or lockouts; (h) non-performance by suppliers or subcontractors; and (i) interruption or failure of utility service (“Force Majeure Event”).
12.2 We reserve the right to cancel or vary any activities accommodation offerings or any other offering orservice we provide without prior notice where this becomes necessary due to a Force Majeure Event as we shall have no liability whatsoever (for example by refunding) in respect of the cancellation or variance of activities or the closure or part or the entire Wildlands facility where caused by or necessary as a result of a Force Majeure Event.
13. Use of our Website
13.1 Your use of our Website and our social media pages is subject to the Website Terms and Conditions, incorporated herein in Part 2.
14.1 If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and continue to be binding and enforceable.
15.2 Planet Payments complete payment processing for the accommodation booking engine on the Website.
16. Governing Law
16.1 These Terms and Conditions, all disputes and issues between the Operating Company and a Customer arising out of or in any way relating to these Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland. The Operating Company and all Customers hereby submit to the exclusive jurisdiction of the Irish Courts.
PART 2- WEBSITE TERMS AND CONDITIONS
1. Access to the Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire website, to users who have registered with us.
You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights, or restrict or inhibit the use and enjoyment of this website by any third party. Such restrictions and inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Website. You must not use the Website for fraudulent purpose.
3. Information on the Website
We endeavour to ensure that the information and content contained in the Website is accurate. Prices quoted are subject to availability and alteration. Any discounted prices quoted are limited offers and are similarly subject to availability. While every effort has been made to ensure the accuracy of all information presented on the Website, we do not accept liability for any errors or omissions and we reserve the right to change or make alterations to prices. information of listed features and products at our discretion and without notice.
We make no warranties or representations, express or implied, as to the accuracy or completeness of the information and content contained or referred to on the Website.
We aim to update the Website regularly and may change the information and content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely.
Any of the information and content on the Website may be out of date at any given time, and we are under no obligation to update such information or content.
Rates are quoted and charged in euro are inclusive of VAT at the current rate unless otherwise stated.
You must ensure that the details provided by you on registration or at any time are correct and complete. In order for us to communicate with you effectively please inform us of any changes to your personal details.
5. Intellectual property rights
Images, copyright, trademarks, brands and all other intellectual property rights displayed on the Website or existing in the Website belong to us or our licensors and are protected by copyright, trade mark and other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owner(s) or permitted by applicable law.
The Wildlands logo and name is protected by trade mark registration under European law and you agree that you will not infringe the intellectual property rights therein.
You may print off copies, and may download extracts, of any page(s) from the Website for your personal reference for non-commercial purposes and you may draw the attention of others to material posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
The copies must retain any copyright or other intellectual property notices contained in the original material showing our status as owners, or that of our contributors.
You must not use any part of the materials on the Website for commercial purposes.
6. Submission of material
You are solely responsible for the material you submit to the Website and by submitting any material you agree to follow these rules. You may not submit any material which:
· advertises or promotes any goods or services;
· reveals any confidential or sensitive information;
- is or contains links to or content which is unlawful, discriminatory, threatening, abusive, defamatory or indecent or material which is deliberately intended to upset others;
- contains any material which you do not have permission to use (including material which may be protected by copyrights, trademarks, database rights or any other form of intellectual property right);
- contains viruses or any other components with harmful or contaminating effects on the Website or any equipment connected to it;
- is fraudulent or has a fraudulent purpose;
- reproduces, duplicates, copies or re-sells any part the Website in contravention of the Terms and Conditions; or
- impersonates any living person
We have the right to remove any posting or content you make or submit on our Website.
By submitting material to the Website you agree to be responsible for all our losses(including legal fees) arising out any breach by you of these rules.
By submitting material to the Website you are granting us a perpetual royalty-free non-exclusive licence to reproduce, modify, translate, make available, distribute and allow others to use any material you submit in whole or in part or in any form. We will try to credit authors of material where possible but cannot guarantee to do so.
We also have the right to disclose your identity to law enforcement or any third party who is claiming that any content posted or uploaded by you to the Website is unlawful, or constitutes a violation of their legal rights, intellectual property rights, or of their right to privacy.
7. Cancelling registrations & email sign up
The suspension or cancellation of your registration and your right to use the Website shall not affect either party’s statutory rights or liabilities.
You can cancel your registration or email sign-ups at any time by contacting us or clicking ‘unsubscribe’ on an email, in accordance with our Privacy and Cookies Policy.
8. Transactions on the Website
We process information about you and your guests in accordance with our Privacy & Cookies Policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
10. Viruses, hacking and other offences
You must not misuse the Website or attempt to gain unauthorised access to the Website, the server on which our website is stored or any server, computer or database connected to the Website.
Whilst every effort has been taken to ensure that the Website is free from viruses, Wildlands gives no warranties that it is indeed free from viruses and you are responsible for ensuring that you have installed adequate virus checking software.
11. Linking to the Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw this linking permission without notice.
You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
12. Links from the Website
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. By providing these links we are not endorsing or recommending such websites or the services or material provided by them. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
13. Our liability
i. All conditions, warranties and other terms which might otherwise be implied by law.
ii. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to them and any materials posted on them, including, without limitation any liability for:
a. loss of income or revenue;
b. loss of business;
c. loss of profits or contracts;
d. loss of anticipated savings;
e. loss of data;
f. loss of goodwill; and
g. for any other loss or damage of any kind, however it arises and whether caused by tort (including negligence),breach of contract or otherwise, even if foreseeable.
iii. The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. The use of information on the Website and any downloadable item is at your own risk.
We cannot accept responsibility for any disruption, damage and/or loss to your data or computer system that may occur while using this Website or any downloadable item.
The Website content and material displayed on the Website is provided "as is" without any warranty or implied term of any kind, either express or implied, statutory or otherwise including but not limited to any implied warranties or implied terms of merchant ability, fitness for a particular purpose or non-infringement. All such implied terms and warranties are hereby excluded to the extent permitted by law.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law
If you have any comments or concerns about material which appears on the Website, please contact [email protected]