1. General Issues

1.1 These Terms and Conditions apply to the booking of any activities, services and any ancillary products at any location with The Company.

1.2 These Terms and Conditions contain important information concerning participation by The Client and members of The Client’s group and, accordingly, The Client acknowledges and agrees that The Client shall ensure that all members of The Client’s party are aware of and accept these Terms and Conditions.

1.3 No variation to these Terms and Conditions shall be binding unless agreed in writing by The Company.

1.4 Any typographical, clerical or other error or omission in any booking confirmation or other documentation issued by The Company (including any electronic documentation) shall be subject to correction without any liability on the part of The Company.

1.5 The Company reserves the right to make changes to the Activities whether to conform with any applicable safety or other statutory requirements or otherwise.

1.6 These Terms and Conditions incorporate The Company’s Risk Acknowledgement and Disclaimer. The Client and each member of The Client’s party may be required to sign the Risk Acknowledgement and Disclaimer before being allowed to undertake the Activities.

2. Definitions (Booking Types)

For the purpose of these Terms and Conditions, bookings and products are categorised as follows:

2.1 Public Booking

A booking made by an individual or small party via The Company’s website and/or booking line for a scheduled public session (including public activities, public sauna sessions and public aquapark sessions). Public Bookings are paid in full in advance and are subject to the Public Booking payment and cancellation terms set out below.

2.2 Group Booking

Any booking that The Company prices, schedules or delivers on a group basis (including sports teams, birthday parties, stags/hen parties, corporate groups, clubs, youth groups and community organisations), excluding School Tour Bookings and Residential Bookings (which are defined separately below).

Unless otherwise stated in writing by The Company, Group Bookings are subject to a Minimum Charge equivalent to eight (8) participants.

2.3 Group Package

A Group Booking that is marketed or sold as a “Group Package” on The Company’s website and/or in booking communications. For the avoidance of doubt, a Group Package is not a different booking type from a Group Booking and is subject to the same Minimum Charge of eight (8) participants, unless otherwise stated in writing by The Company.

2.4 School Tour Booking (Day Visit)

A booking where the organising party is a primary/secondary school, college, or educational provider (including where a school engages The Company through a third-party organiser) attending for a day visit (non-residential).

Unless otherwise stated in writing by The Company, School Tour Bookings are subject to a Minimum Charge equivalent to twenty (20) participants.

Unless otherwise agreed in writing by The Company, up to four (4) supervising adults may attend at no charge (“Included Supervisors”). SNAs and other support staff are treated as supervising adults and count towards any Included Supervisors/free-place allocation unless otherwise agreed in writing by The Company in advance.

2.5 Residential Booking

Any booking that includes overnight accommodation (including, without limitation, bunkhouse/residential school trips and group overnights).

Unless otherwise stated in writing by The Company, Residential Bookings are subject to a Minimum Charge equivalent to twenty (20) participants (including due to catering and operational requirements).

Unless otherwise agreed in writing by The Company, up to four (4) supervising adults may attend at no charge (Included Supervisors). SNAs and other support staff are treated as supervising adults and count towards any Included Supervisors/free-place allocation unless otherwise agreed in writing by The Company in advance.

Residential Bookings involve accommodation and (where applicable) catering commitments and therefore may operate on a more restrictive change and cancellation basis than non-residential day visits, as set out in these Terms and Conditions.

2.6 Membership / Pass

A membership or pass product purchased from The Company (including, without limitation, sauna memberships/passes, wakepark memberships/passes, and any other membership product offered from time to time) that provides access to benefits, discounts, credits or entitlements, subject to:

• (i) the membership terms confirmed at purchase; and
• (ii) these Terms and Conditions.

2.7 Camp Booking

A booking for a scheduled camp programme operated by The Company (including weekly camps, residential camps and seasonal programmes). Camp Bookings may have product-specific deposit, payment, change and cancellation terms, which are set out in the “Camps” section below and/or at the point of purchase.

2.8 Booking Confirmation Date

The date on which The Company issues a Booking Confirmation, receipt, invoice or other written confirmation (including by email and/or online confirmation).

2.9 Arrival Date

• For Group Bookings and Public Bookings: the date the Client attends on site.
• For Camp Bookings: the camp start date.

2.10 Final Billable Numbers

For School Tour Bookings and Residential Bookings: the final participant numbers confirmed in writing (email and/or the Group Portal) by the Client by the applicable deadline set out in these Terms and Conditions. Final Billable Numbers form the basis of invoicing, subject to the Minimum Charge and the 5% Allowance.

2.11 Minimum Charge

Where a Minimum Charge applies, the Client will be charged for no fewer than the applicable minimum number of participants, even if fewer participants attend. Unless otherwise agreed in writing by The Company, the Minimum Charge is:

• (a) Group Booking / Group Package: eight (8) participants; and
• (b) School Tour Booking / Residential Booking: twenty (20) participants.

2.12 The 5% Allowance (Late Reductions)

For School Tour Bookings and Residential Bookings: if fewer participants attend on the Arrival Date than the Final Billable Numbers, the maximum reduction that may be applied is 5% of the Final Billable Numbers.

2.13 Billable Participants

For School Tour Bookings and Residential Bookings, the number of participants the Client will be charged for, calculated as follows:

• (a) Billable Participants will not be less than the applicable Minimum Charge, unless otherwise agreed in writing by The Company;
• (b) after the Final Billable Numbers deadline, any reduction for lower attendance is capped at the 5% Allowance; and
• (c) if more participants attend than the Final Billable Numbers and capacity/safety permits, The Company will charge for the higher number of attendees.

2.14 Group Portal

Where provided: an online portal issued by The Company to a group organiser/leader to manage booking information, submit documents, and confirm Final Billable Numbers. Submissions through the Group Portal are deemed “in writing” for the purpose of these Terms and Conditions.

2.15 Event

Any scheduled visit, activity session, camp programme, course, membership session/entitlement, group booking, Public Booking, or ancillary service provided by The Company at any location, whether booked online, by phone, by email, or via the Group Portal.

3. Booking Confirmation

3.1 A booking is confirmed only when The Company issues a Booking Confirmation in writing (including by email or website confirmation).

3.2 Where applicable, a booking is only secured once the required deposit or full payment has been received in cleared funds in accordance with these Terms and Conditions.

3.3 Once confirmed, The Client will have an allocated date and time slot. The Client must notify The Company as soon as reasonably practicable of any mistake in the Booking Confirmation.

3.4 The Company will use reasonable endeavours to commence participation at the booked time; however, it remains the responsibility of each participant to arrive in sufficient time. Late arrivals may not be permitted to undertake Activities and no refunds or compensation will be payable in such circumstances.

4. Booking Process

4.1 Bookings may be made by contacting The Company on 022 27773, by email, or via The Company’s website (www.ballyhass.ie) using the online booking system and/or enquiry/request form.

4.2 Any pricing, availability, proposed itinerary, or booking details provided by The Company by email, telephone, or otherwise are indicative only and do not constitute a binding offer. The Company may amend prices, availability, schedules, and/or proposed arrangements at any time prior to Booking Confirmation.

4.3 A booking is only secured once:

• (a) The Company has issued a Booking Confirmation (including by email or website confirmation); and
• (b) where applicable, the required deposit or full payment has been received in cleared funds in accordance with these Terms and Conditions.

4.4 Until both steps above have occurred, The Company is not obliged to hold any date, time slot, capacity allocation, pricing, or activity schedule for the Client, and the requested date/time may be released or allocated to another party without notice.

4.5 To proceed with a booking following an enquiry, the Client must confirm acceptance of the proposed booking details in writing (email is sufficient) and provide any information reasonably requested by The Company (including approximate numbers, activity selection, and a group organiser contact). Where applicable, a customer reference may be issued and must be quoted in all correspondence and payments.

5. Group Booking Deposits, Final Numbers & Invoicing (School Bookings and Private Group Bookings)

A) Deposit Requirement (All Group Bookings)

5.1 Once your booking date is confirmed, The Company will issue a deposit invoice for 25% of the total booking value, based on the provisional numbers on file at the time of confirmation.

5.2 The deposit must be paid within the timeframe applicable to your booking window (see “Late Booking Rules” below) to fully secure your booking.

5.3 Bookings without a deposit paid within the required timeframe may be subject to change or cancellation.

5.4 The deposit is a key part of how we manage our calendar and operations. It allows us to confirm your visit, plan staffing, organise logistics, and maintain a reliable schedule for all groups attending our site. Clients are asked to book responsibly.

B) Confirmation of Final Numbers (Final Billable Numbers)

School Bookings (Standard rule: bookings confirmed ≥ 6 weeks prior):

5.5 Final Billable Numbers must be confirmed six (6) weeks before the Arrival Date. These confirmed numbers form the basis of invoicing, subject to the 5% Allowance.

5.6 If updated confirmation is not received by the deadline (via email or the Group Portal), The Company will assume the most recently provided numbers are the Final Billable Numbers.

Private Group Bookings (Standard rule: bookings confirmed ≥ 6 weeks prior):

5.7 Final Billable Numbers must be confirmed one (1) week before the Arrival Date.

5.8 If updated confirmation is not received by the deadline (via email or the Group Portal), The Company will assume the most recently provided numbers are the Final Billable Numbers.

Why this matters:

5.9 This confirmation period is essential to prepare activity schedules, allocate instructor rosters, and ensure the café is stocked and prepared. It also enables The Company to offer capacity to other groups on waiting lists where applicable.

C) Arrival-Day Check, Final Invoice and Payment

5.10 Participant numbers will be checked upon arrival.

5.11 Following verification, The Company will issue the final invoice to the Client. Payment is due the day after your visit (the next working day where the day after falls on a weekend/public holiday), unless otherwise agreed in writing by The Company.

5.12 The deposit paid will be deducted from the final invoice.

Optional payment on arrival (cash accepted):

5.13 The Client may choose to pay the estimated outstanding balance on arrival (including by cash) as a payment on account. Any amount paid on arrival will be deducted from the final invoice issued after verification. Unless otherwise agreed in writing by The Company, any remaining balance is payable the day after the visit (or the next working day where the day after falls on a weekend/public holiday).

D) The 5% Allowance (Late Reductions)

5.14 If fewer participants attend on the Arrival Date than the Final Billable Numbers, any reduction is capped at the 5% Allowance (up to a 5% reduction). Subject always to the Minimum Charge, the Client will be invoiced on that basis.

5.15 This policy exists because staffing schedules, safety ratios, accommodation allocations and operational commitments are finalised in advance and cannot generally be reallocated at short notice. Final Billable Numbers (and any permitted adjustments) must be recorded in writing via email and/or the Group Portal.

E) Additional Participants (Increases)

5.16 If a group arrives with more participants than the Final Billable Numbers, The Company will charge for the higher number (space, staffing and safety permitting).

5.17 The Company reserves the right to refuse additional participants where capacity, staffing ratios, safety systems, or schedule constraints prevent accommodation.

F) Illustrative Example (Non-binding)

5.18 Booking Summary:

• Participants initially booked: 150
• Total value at booking: 150 × €53 = €7,950
• Deposit (25%): €7,950 × 0.25 = €1,987.50 (paid and deducted from final invoice)
• Final Billable Numbers (confirmed): 100 participants

5.19 Arrival Day scenarios: Scenario 1 (within 5% Allowance):

• Final Billable Numbers: 100
• Arrived: 96
• 5% Allowance: 5 participants
• Actual drop: 4 (within allowance)
• Final invoice: 96 × €53 = €5,088

Scenario 2 (over 5% Allowance):

• Final Billable Numbers: 100
• Arrived: 87
• 5% Allowance: 5 participants
• Actual drop: 13 (exceeds allowance)
• Final invoice basis: 95 billable participants
• Final invoice: 95 × €53 = €5,035

6. Late Booking Rules (Group Bookings)

The following timelines apply where a booking is made closer to the Arrival Date.

A) School Bookings – Late Booking Rules

These Late Booking Rules apply only where the Booking Confirmation Date falls within six (6) weeks of the Arrival Date. Where a booking is confirmed earlier than six (6) weeks before the Arrival Date, the Standard rule applies (Final Billable Numbers due six (6) weeks before the Arrival Date).

Bookings confirmed between 6 and 4 weeks before the Arrival Date:

• Deposit: 25% due within 7 days of invoice/confirmation
• Final Billable Numbers: due 2 weeks before Arrival Date
• Reductions inside 2 weeks: capped by the 5% Allowance
• Final invoice: issued after arrival verification; any outstanding amount due the day after the trip

Bookings confirmed between 4 weeks and 15 days before the Arrival Date:

• Deposit: 25% due within 7 days of invoice/confirmation
• Final Billable Numbers: due 1 week before Arrival Date
• Reductions inside 1 week: capped by the 5% Allowance
• Final invoice: issued after arrival verification; any outstanding amount due the day after the trip

Bookings confirmed within 14 days of the Arrival Date:

• Final Billable Numbers and a 70% deposit are due at booking creation/confirmation
• Reductions: capped by the 5% Allowance
• Final invoice: issued after arrival verification; any outstanding amount due the day after the trip

B) Private Group Bookings – Late Booking Rules

Bookings confirmed more than 4 weeks before Arrival Date:

• Deposit: 25% due within 2 weeks of invoice/confirmation
• Final Billable Numbers: due 1 week before Arrival Date
• Final invoice: issued after arrival verification; due the day after the trip

Bookings confirmed 3 weeks before Arrival Date:

• Deposit: 25% due within 7 days of invoice/confirmation
• Final Billable Numbers: due 1 week before Arrival Date
• Reductions inside 1 week: capped to the 5% Allowance
• Final invoice: issued after arrival verification; due the day after the trip

Bookings confirmed within 14 days of Arrival Date:

• Final Billable Numbers and 50% deposit are due at booking creation/confirmation
• Reductions: capped to the 5% Allowance
• Final invoice: issued after arrival verification; due the day after the trip

Bookings confirmed within 7 days of Arrival Date:

• Final Billable Numbers and 50% deposit are due at booking creation/confirmation
• Reductions: capped to the 5% Allowance
• Final invoice: issued after arrival verification; due the day after the trip

6.1 When The Company has confirmed availability and received The Client’s deposit, The Company will send a Booking Confirmation and Invoice. The Client should contact The Company within 2 days to notify The Company of any errors (or within 24 hours if the Event falls within 14 days).

6.2 The Company does not always send reminders. It remains the Client’s responsibility to ensure payments and number confirmation are made by the due date.

7. Gift Vouchers

7.1 Once a gift voucher has been purchased it cannot be cancelled, extended or transferred.

7.2 Gift vouchers apply to Activities and cannot be used against intangible goods, food or café orders.

7.3 Pro-shop specific vouchers can be purchased but must be specified on the voucher.

7.4 “Goods and services” under older vouchers means any adventure activity that can currently be booked on the website.

Voucher details at time of booking / redemption:

7.5 Voucher codes (and any required voucher details) must be provided at the time of booking and/or redemption. A voucher cannot be applied where the correct voucher details are not provided.

7.6 Where voucher details are missing, incomplete, lost or forgotten, the booking may be required to proceed at full price unless and until the voucher can be verified.

7.7 Once verified, The Company may apply the voucher retrospectively at its discretion and subject to operational/administrative constraints.

8. Credits

Credits (Account Credit for Activities)

8.1 Credits are account credit issued by The Company for use towards eligible Activities only (for example, where a Client chooses credit instead of a refund or where The Company issues credit as a gesture of goodwill).

8.2 Credits are not cash, have no cash value, and cannot be exchanged for cash.

8.3 Credits cannot be refunded, transferred, extended or cancelled once issued.

8.4 Credits may not be used towards food or café orders, retail/pro-shop/merchandise, gift vouchers, or any other non-activity purchase, unless The Company agrees otherwise in writing.

8.5 Credits do not have an expiry date and may be used at any time, subject to availability and applicable booking conditions.

8.6 The Company reserves the right to amend this Credits policy from time to time; any amendment will not affect Credits already issued.

9. Payment and Cancellations – Public Bookings (Individuals and Small Parties)

9.1 This section applies to Public Bookings (bookings made by individuals or small parties through The Company’s website/booking line for scheduled public sessions, including public activities, sauna sessions and aquapark sessions).

Payment

9.2 All Public Bookings must be paid in full in advance at the time of booking. A booking is only secured once payment has been received and confirmation has issued.

Cancellation by the Client (48-hour rule)

9.3 The Client may cancel a Public Booking and receive a refund provided The Company receives the cancellation request at least forty-eight (48) hours before the scheduled start time.

9.4 Where eligible, refunds will be processed back to the original payment method; alternatively, at the Client’s request and with The Company’s agreement, the refund may be issued as Credits, subject to the Credits policy.

Cancellations inside 48 hours / Non-attendance

9.5 Cancellations received within 48 hours of the scheduled start time, and no-shows, are non-refundable, except where The Company agrees otherwise in writing at its discretion.

How to cancel (and when it is effective)

9.6 Cancellation requests must be submitted by telephone to the booking line on 022 27773 and/or in writing by email to the address provided on your booking confirmation.

9.7 A cancellation is only effective when it is received by The Company. Cancellation requests left on voicemail are not treated as received and will not qualify; please speak to a team member or submit your cancellation in writing by email.

Booking changes

9.8 Requests to change date/time for a Public Booking are treated as a cancellation and rebooking, unless The Company agrees otherwise in writing. Any change is subject to availability and may incur an admin fee at The Company’s discretion.

Refund processing

9.9 Refunds (where due) will be processed back to the original payment method where possible, or by an alternative method at The Company’s discretion.

10. Camps – Deposits, Payment, Changes and Cancellations

10.1 This section applies to Summer Camps, Weekly Camps, Residential Camps and any seasonal camp-style programmes operated by The Company (“Camps”). Camps are priced and staffed based on planned instructor ratios, programme logistics and (where applicable) accommodation commitments. Accordingly, Camp bookings operate on a different payment and cancellation basis to Group Bookings.

A) Camp Types and Deposits

Residential Camps (overnight accommodation):

• Deposit: €100 per participant
• Typical retail price (RRP): approximately €630 (pricing varies; confirmed at booking)

Weekly Camps / Day Camps:

• Deposit: €50 per participant
• Typical retail price (RRP): approximately €260 (pricing varies; confirmed at booking)

Early Bird Offers:

10.2 Where an Early Bird price is offered, the booking is charged at the price paid at the time of booking and refunds (where applicable) are calculated on that basis. Early Bird prices are not retrospectively adjusted and do not combine with other discounts unless stated at the point of purchase.

Adventure Pass / Membership pricing for Camps:

10.3 Where a member/Adventure Pass price is available, eligibility is determined at the time of booking and payment and requires an active membership/Adventure Pass at that time.

10.4 As a goodwill gesture, where a Client purchases an Adventure Pass within 48 hours of making a Camp booking, The Company may, at its discretion, apply the difference between the price paid and the applicable member price as Credits (not a cash refund). No adjustments will be made after 48 hours.

B) Payment Terms

10.5 The balance of the Camp fee is due no later than seven (7) days before the Camp start date (the “Start Date”), unless otherwise stated in writing by The Company.

10.6 If full payment is not received by the due date, The Company reserves the right to treat the booking as cancelled and offer the place to another participant.

C) Cancellation by the Client (Refunds)

10.7 All cancellation requests must be made in writing (email is acceptable). Timeframes are calculated by reference to the Start Date:

• 14 days or more before the Start Date: Full refund, including any deposit paid.
• 8 to 13 days before the Start Date (inclusive): Refund of amounts paid, excluding the deposit (deposit retained).
• 7 days or fewer before the Start Date: No refund of fees paid (including deposit), except where The Company agrees otherwise in writing.

10.8 The deposit is a reservation and administration fee that secures a place and supports programme planning.

10.9 Camps may continue to show availability online after a cancellation; this does not create an entitlement to any refund or credit beyond the terms above.

D) Date Changes

10.10 Date changes may be permitted subject to availability and programme suitability (including age group, capacity, accommodation constraints and staffing). If a change is approved and the new Camp is priced differently, the Client must pay any difference (or receive a refund/credit of any difference, as applicable).

10.11 If a date change is requested within seven (7) days of the Start Date, The Company may refuse the change (or treat it as a cancellation) due to operational constraints.

E) Refund Processing

10.12 Refunds (where due) will be processed back to the original payment method where possible, or by an alternative method at The Company’s discretion.

11. Payment and Cancellations for Group Bookings

1. Payment Terms (Group Bookings)

11.1 This section applies to all Group Bookings, including Group Packages and Residential Bookings, and any booking that is priced or quoted on a group basis.

11.2 A deposit is required to secure all Group Bookings. Deposit amounts, due dates, Final Billable Numbers confirmation deadlines, invoicing basis and the 5% Allowance are governed by “Group Booking Deposits, Final Numbers & Invoicing” and “Late Booking Rules (Group Bookings)”.

11.3 Unless otherwise agreed in writing by The Company:

• (a) Deposit: payable in accordance with the deposit rules above.
• (b) Final invoice: issued after arrival verification; balance payable the day after the visit (or next working day where applicable).
• (c) Cash on arrival where bank transfer has not cleared: The Company may require payment on arrival (including by cash) as a condition of participation. Any final adjustments after verification remain payable in accordance with these Terms and Conditions.

11.4 Overdue amounts, recovery phase, administration fee and recovery costs

If any amount remains unpaid after its due date, it will be treated as overdue. The Company may take the following steps:

• (a) Internal recovery phase (up to 6 months): reminders, calls, statements, escalation to management.
• (b) Administration fee: €25 per month (or part-month) applied during the internal recovery phase.
• (c) Recovery costs: The Client is liable for all reasonable and properly incurred recovery costs (including solicitor/court/enforcement and third-party debt recovery costs).
• (d) Interest: 5% per annum above the Central Bank base rate on any amount outstanding, calculated from the due date until payment is received in full.
• (e) Suspension of services: The Company may refuse new bookings, suspend membership benefits, and/or require full prepayment for future bookings until the account is settled.

2. Cancellations by the Client (Group Bookings)

11.5 All cancellation requests must be made in writing by the authorised booking contact (email is acceptable).

11.6 If the Client cancels a Group Booking, the following charges apply (calculated by reference to the most recently confirmed numbers, or where none have been confirmed, the latest numbers provided by the Client):

• More than 60 days’ notice: deposit refunded (or, at the Client’s request, held as credit).
• 60 to 22 days’ notice: deposit retained and held as credit for a future booking, subject to Clause 11.7.
• 21 days or less: deposit retained and held as credit. This is particularly relevant to Residential Bookings due to accommodation allocations, catering commitments and staffing requirements. In addition, where The Company has committed resources and/or incurred costs (including staffing, accommodation allocations, catering, supplier/third-party costs, and/or removed capacity from sale), The Company reserves the right to charge up to 100% of the total booking value.

11.7 Where credit is applied, it may be used against a future Group Booking, subject to availability and like-for-like booking type (e.g., day vs residential) unless otherwise agreed in writing. Credit is non-transferable and may not be exchanged for cash.

3. Cancellations or changes by The Company

11.8 The Company reserves the right to cancel a Group Booking if:

• (a) the required deposit is not received within the timeframe set out in these Terms; and/or
• (b) any invoice remains unpaid after its due date; and/or
• (c) circumstances beyond the control of The Company arise (including force majeure and safety-related closures).

11.9 Where The Company cancels due to force majeure or safety-related closure, The Company will have no liability to make any payments other than, where appropriate, offering a reschedule or credit at The Company’s discretion.

11.10 Where the Client’s party has commenced participation and it proves necessary to close Activities for reasons beyond The Company’s control, no refund (in whole or in part) will be payable.

12. Making Changes to the Client’s Event (Changes, Reschedules and Cancellations)

12.1 This section applies to any request to change, reschedule or amend an Event.

12.2 Where more specific terms apply elsewhere, those terms take priority.

12.3 Client-requested changes

• Requests must be in writing (email and/or Group Portal). Telephone requests are not binding unless confirmed in writing by The Company.
• The Company will use reasonable endeavours to accommodate changes, but all changes are subject to availability, operational capacity, staffing ratios, safety systems and programme suitability.
• Pricing may change where a change is accepted and will be confirmed in writing.

12.4 For Group Bookings, date change requests made within 21 days of Arrival Date may be refused and may be treated as cancellation and rebooking.

12.5 Changes or cancellation by The Company

• Minor changes: may include reordering activities, substituting a similar activity, adjusting start times, or instructor allocation changes. Minor changes do not entitle the Client to cancel without charge or to any refund.
• Major changes: cancellation, change of site, or significant reduction/modification of facilities that materially affects the Event. Where possible, The Company will offer options (accept changes; reschedule; or cancel and refund monies paid, subject to any properly incurred third-party costs).
• Closure/interruption after commencement: no refund entitlement; reschedule/credit may be offered at The Company’s discretion.

13. Changes in Event Participant Numbers

13.1 For Group Bookings, Final Billable Numbers deadlines, invoicing basis and the 5% Allowance are set out in “Group Booking Deposits, Final Numbers & Invoicing” and “Late Booking Rules (Group Bookings)”. Final Billable Numbers must be confirmed in writing via email to [email protected] and/or via the Group Portal where provided.

14. The Company’s Authority at the Event

14.1 The Client agrees on its own behalf and on behalf of each and every party member that:

• (a) the opinion of The Company (and its authorised representatives) is final in all matters relating to safety, programme delivery, site operations and participant conduct;
• (b) each participant must comply immediately with any request or order made by The Company (and its representatives) in the interests of safety, however expressed;
• (c) each participant must comply with any reasonable instruction given by The Company for operational or programme-delivery reasons;
• (d) The Company reserves the right to request any party member to leave (or be removed/rescued where relevant) if, in the opinion of The Company, that party member is behaving in a dangerous, unreasonable, disruptive or unsafe manner. In such circumstances, The Company will be under no liability to The Client or any party member in respect of any refund, compensation, costs or losses incurred.

Teachers/Leaders and Supervising Adults (School Tour Bookings and Residential Bookings)

14.2 For School Tour Bookings and Residential Bookings, a maximum of four (4) supervising adults (teachers/leaders) may attend as part of the booking (“Included Supervisors”), unless otherwise agreed in writing by The Company in advance.

14.3 Any additional supervising adults are not permitted to attend unless approved in writing by The Company in advance. The Company may refuse entry to any additional adults who arrive without prior written approval. Where approval is granted, additional adults may be chargeable at the applicable rate set by The Company and may be required to observe only.

14.4 Included Supervisors are welcome to participate in Activities where capacity, instructor ratios, safety systems and programme design allow; however, supervision duties take priority and participation is not guaranteed. The Company may restrict or refuse adult participation at any time where participation would reduce capacity for paid participants, impact the experience for students, or create operational or safety issues.

Special Needs Assistants (SNAs) / Additional Support Needs

14.5 For the avoidance of doubt, Special Needs Assistants (SNAs) and other support staff attending with a School Tour Booking or Residential Booking are treated as supervising adults for the purpose of these Terms and Conditions.

14.6 SNAs count towards the maximum of four (4) Included Supervisors unless otherwise agreed in writing by The Company in advance.

14.7 Where an SNA (or additional support adult) is required to facilitate a participant’s safe participation or access needs, the Client must notify The Company at the time of booking (or as soon as reasonably practicable). The Company will use reasonable endeavours to accommodate the request, subject to capacity, safety ratios and operational constraints. Any approval for SNAs attending in addition to the Included Supervisors must be confirmed in writing by The Company in advance.

15. Liability of The Client for Damage (including Residential / Bunkhouse Accommodation)

15.1 The Client is responsible for the conduct of all members of its party (including participants, supervising adults, visitors and any third parties brought on site by the Client).

15.2 The Client will be liable for any loss, damage or additional cost incurred by The Company arising from any act or omission of the Client or any member of the Client’s party, including (without limitation) damage to buildings, accommodation units/pods, fixtures and fittings, furnishings, linen, equipment, vehicles, grounds, or other property of The Company.

15.3 Accidental / non-deliberate damage: Where damage is not deliberate, The Company may charge the reasonable cost of repair, replacement or reinstatement (including labour and call-out charges), up to a maximum of €500 per incident (unless otherwise agreed in writing). The Company will provide reasonable evidence (photos, invoices/quotes where available) and may estimate where immediate repair is required. For the purpose of this clause, an “incident” means a single occurrence or series of related occurrences arising from the same cause during the Event.

15.4 Deliberate, reckless or malicious damage: Where damage is deliberate, reckless or malicious (in the opinion of The Company acting reasonably), the Client will be liable for the full cost of repair, replacement or reinstatement, including labour, call-out charges and any associated loss.

15.5 Residential / bunkhouse specific costs: For Residential Bookings, The Company may also charge reasonable additional costs arising from damage or misuse of accommodation, including (without limitation) specialist cleaning, replacement of linen/bedding/furnishings, smoking remediation, key/lock replacement, security call-outs, and/or fire alarm activations caused by the Client’s party.

15.6 Loss of use / downtime: Where damage results in an accommodation unit, facility or activity area being taken out of service, The Company may charge the reasonable loss of use for the period required to repair/restore, in addition to repair/replacement costs.

15.7 Assessment and payment: The Company may document damage by photographs/video and will notify the Client as soon as reasonably practicable. Any damage charges will be invoiced to the booking contact and are payable in accordance with these Terms and Conditions.

16. Alterations in the Price

16.1 Additional services requested by The Client before or on the day and not included in the original booking will be payable by The Client in advance or on the Event day.

17. Safety (Challenge by Choice / Participation Requirements)

17.1 Adventure Activities involve inherent risks and are offered on a “Challenge by Choice” basis. The Company provides instruction and applies appropriate safety systems; however, accidents and incidents can occur. Participation is at the participant’s own risk, subject always to The Company’s obligations under applicable law.

Compliance with safety rules and instructions

17.2 All participants must comply immediately with safety briefings, site rules, signage, and instructions given by The Company’s staff. Participants must act responsibly and courteously and must not behave in a manner that may endanger themselves, other participants, or staff.

Right to refuse / remove participants

17.3 The Company reserves the right to refuse admission to, or remove, any participant from any Activity where, in the opinion of The Company acting reasonably:

• (a) the participant is under the influence of alcohol, drugs or any intoxicant;
• (b) the participant fails to comply with safety rules, instructions or required safety equipment/PPE;
• (c) the participant’s behaviour is unsafe, disruptive or unsuitable; and/or
• (d) the participant does not meet suitability requirements (including height/weight/harness fit or other safety constraints).

17.4 Where a participant is refused or removed for any of the above reasons, no refund will be payable.

Fitness, medical considerations and suitability

17.5 Many Activities are physically demanding. Participants with medical concerns should consult their doctor in advance. Participants may be required to confirm that they do not suffer from any condition that could increase risk to themselves or others.

17.6 Certain medical conditions or injuries may restrict participation for safety reasons. The Company reserves the right to restrict, modify or refuse participation where necessary.

17.7 Pregnancy: Some Activities may not be suitable during pregnancy. Participants who are pregnant (or believe they may be) should contact The Company in advance for guidance.

Vision and personal equipment

17.8 Participants must have sufficient vision to undertake Activities safely and should wear suitable corrective lenses/glasses as required.

Weather and operational conditions

17.9 Activities operate in most weather conditions; however, The Company may suspend, close, modify or curtail Activities due to severe weather, lightning risk, high winds, heavy ice/snow, equipment issues, or safety considerations. Where Activities are affected in this way, no compensation will be payable and any refund/reschedule/credit will be at The Company’s discretion unless otherwise required by applicable law.

Minors and supervision (general)

17.10 Minimum age for participation is six (6) years old unless otherwise stated for a specific Activity. Participants under 16 must be accompanied on site by a supervising adult. Supervision requirements and any applicable ratios or restrictions may vary by Activity and booking type and will be communicated by The Company in booking information and/or on site.

18. Clothing, Footwear and Equipment (PPE / Harness Fit)

18.1 Participants must be dressed appropriately for outdoor activity and weather conditions. It is the responsibility of the Client and each participant to ensure they arrive suitably equipped and dressed.

18.2 Closed-toe footwear is required. Open-toed footwear and slip-on shoes are not permitted. Clothing must allow safe fitting of PPE (including harnesses) and must not create entanglement/snag hazards. Long hair must be tied back where required.

18.3 Jewellery and piercings should be removed where possible or securely taped over. The Company may require removal/taping as a condition of participation.

18.4 The Company reserves the right to refuse admission to, or remove, any participant from an Activity where the participant is not appropriately dressed or equipped, or where clothing/footwear prevents safe fitting or use of PPE. No refund will be payable.

18.5 The Company is not responsible for damage to, or loss of, clothing or personal items. Participants should not bring valuables onto activities and should use any available storage facilities at their own risk.

Harnesses and fit requirements

18.6 Where a safety harness is required, participants must wear a harness provided and fitted by The Company. Participants are not permitted to use their own harness. The Company typically uses Petzl harnesses (or equivalent). Harness fit is subject to equipment limits and safe fitting requirements, including (by way of guide):

• Maximum waist measurement: 110 cm (43 inches)
• Maximum leg/thigh loop measurement: 70 cm (27 inches)

18.7 If, in the opinion of The Company acting reasonably, a harness cannot be fitted safely, the participant will not be permitted to take part in the relevant Activities.

19. Insurance

19.1 The Company maintains appropriate insurance policies for its operations, including Public Liability Insurance and Employers’ Liability Insurance.

19.2 The Company also maintains Professional Indemnity Insurance in connection with its training/instructional services (including off-site training activities), where applicable.

19.3 Evidence of insurance (e.g., a certificate of insurance) is available upon request.

19.4 Nothing in these Terms and Conditions shall be taken as a representation that any particular loss, damage, cost or personal item will be covered by insurance.

20. Liability and Limitation of Liability

20.1 To the fullest extent permitted by law, The Company shall not be liable for any loss of, theft of, or damage to personal property brought to the site or used in connection with an Event (including vehicles and their contents), whether arising before, during or after participation.

20.2 Vehicles are parked entirely at the owner’s risk and subject to any applicable site rules and/or third-party terms. The Company is not responsible for any parking charges, clamping, fines or other penalties incurred.

20.3 Nothing in these Terms and Conditions excludes or limits The Company’s liability for death or personal injury caused by the negligence of The Company (or its employees, agents or contractors), or for any other liability which cannot be excluded or limited under applicable law.

20.4 Clients are responsible for ensuring they have appropriate insurance for their own property and personal effects.

21. Miscellaneous (Severability, Third Party Rights, Governing Law)

21.1 If any provision is found to be illegal, invalid or unenforceable, that provision shall be severed to the extent required and the remaining provisions shall continue in full force and effect.

21.2 A person who is not a party to these Terms and Conditions shall have no right to enforce any provision of them.

21.3 These Terms and Conditions (and any dispute or claim arising out of or in connection with them) shall be governed by and construed in accordance with the laws of Ireland, and the parties submit to the exclusive jurisdiction of the courts of Ireland.

22. Arrival Times

22.1 Participants should arrive at least thirty (30) minutes before their scheduled start time to allow for check-in, equipment fitting and the safety briefing.

22.2 Activities operate on fixed start times and limited capacity. Late arrivals may not be accommodated where doing so would impact safety, instructor ratios, capacity or the experience of other participants later in the day.

22.3 If a participant misses their start time for any reason (including traffic delays), it is at the discretion of the Site Manager whether the participant can be re-accommodated within the day’s schedule. Where a late arrival cannot be accommodated, no refund or part-refund will be payable.

23. Compensation

23.1 Except where required by applicable law, The Company will not be liable to pay compensation to any participant or group member under any circumstances.

23.2 Where The Company is required to make a change or cancellation due to circumstances beyond its reasonable control (see Force Majeure), The Company’s liability is limited to the remedies expressly set out in these Terms and Conditions (for example, a reschedule, credit, or refund where applicable).

23.3 The Company will not be responsible for any costs, expenses, losses or damages incurred by the Client or any participant as a result of any change, cancellation, delay or interruption, including (without limitation) travel costs, accommodation costs, subsistence costs, loss of enjoyment, or indirect/consequential losses. No compensation is payable for Minor Changes.

24. Force Majeure

24.1 The Company will not be liable for any failure or delay in performing its obligations, or for any cancellation, closure, interruption or change to an Event, where such failure, delay, cancellation, closure, interruption or change arises from circumstances beyond The Company’s reasonable control (“Force Majeure”).

24.2 Force Majeure may include (without limitation): severe or unsafe weather; flood, fire or natural disaster; epidemic/pandemic/public health emergency; war, invasion, terrorism or civil unrest; industrial dispute; interruption/failure of utilities or communications; transport disruption; breakdown/failure of machinery, equipment or infrastructure; acts/restrictions of any government or regulator; or other unusual and unforeseeable circumstances.

24.3 Where Force Majeure occurs, The Company may, at its discretion, offer a reschedule or credit. Where a refund is due under these Terms and Conditions, it will be limited to amounts paid to The Company for the affected Event, excluding any non-refundable third-party costs properly incurred.

25. The Company’s Liability to The Client

25.1 The Client acknowledges Activities involve inherent risks and participation is on a “Challenge by Choice” basis. The Company will take reasonable steps to deliver Activities safely and in accordance with applicable safety standards.

25.2 The Client remains responsible for adequate supervision of minors. The Company may refuse participation or require additional supervision arrangements where, in its reasonable opinion, supervision is inadequate for safety.

25.3 Except as expressly stated elsewhere and subject to Clause 20 (Liability and Limitation of Liability), The Company shall not be liable for any indirect or consequential loss.

25.4 Where The Company is required by law to provide a remedy, The Company’s liability shall be limited to the remedies expressly set out in these Terms and Conditions.

26. Disputes and Arbitration

26.1 If any dispute arises, the parties will first use reasonable endeavours to resolve it by good faith discussions.

26.2 Subject to the Consumer Rights paragraph below, any dispute not resolved within a reasonable period may be referred to and finally resolved by arbitration in accordance with the Arbitration Act 2010. The tribunal will consist of one (1) arbitrator. The seat of arbitration will be Dublin, Ireland; the language will be English; and the arbitrator will have power to award costs.

26.3 If the parties cannot agree an arbitrator within 14 days of a request for arbitration, the arbitrator will be appointed (on application of either party) by the President of the Law Society of Ireland (or other nominated office-holder).

Consumer Rights:

26.4 Nothing in this clause limits statutory rights or remedies that a consumer may have under applicable law, including the right to bring proceedings in the Irish courts where required or permitted by law.

27. Complaints and Feedback

27.1 If The Client has a complaint, it must be raised with The Company’s staff/hosts immediately so that The Company can attempt to resolve it during the Event.

27.2 If a satisfactory solution is not found and the Client wishes to bring the matter to The Company’s attention formally, the Client should write to The Company detailing the nature of the complaint and booking/contact details within 28 days of the Event.

Feedback and surveys (including B Corp and service-improvement feedback)

27.3 The Company operates feedback mechanisms (including surveys and public feedback forms) to support continuous improvement. Feedback via a survey/form or on social media does not constitute a formal complaint for the purpose of these Terms and Conditions. Formal complaints must be submitted in accordance with Clause 27.2.

28. Data Protection and Privacy (GDPR)

28.1 Maritime Tourism Ltd (trading as Ballyhass Adventure Group) acts as a data controller in respect of personal data processed in connection with bookings, memberships/passes, camps and participation in Activities.

29. Risk Acknowledgement and Disclaimer

29.1 These Terms and Conditions incorporate The Company’s Risk Acknowledgement and Disclaimer (and any related waiver/acknowledgement required for specific Activities).

29.2 The Client and each participant (or parent/guardian for a minor) will be required to complete and sign the Risk Acknowledgement and Disclaimer (including electronically) before being permitted to participate.

29.3 The Company reserves the right to refuse participation to any person who has not completed required documentation. For Group Bookings, the Client is responsible for ensuring documentation is completed by the deadline communicated by The Company.

30. Participant Forms (Risk Acknowledgement / Waiver / Permission Form)

These Terms and Conditions incorporate The Company’s Risk Acknowledgement and Disclaimer and any related participant documentation required for specific Activities (the “Participant Form(s)”). Participant Forms are required as part of The Company’s safety systems and may include (without limitation) participant identification, emergency contact details, and (where voluntarily provided) relevant medical information or access needs.

The Client acknowledges and agrees that:

1. Completion required: each participant (or, where applicable, a parent/guardian on behalf of a minor) must complete the required Participant Form(s) in the format required by The Company (including electronically) before being permitted to participate in Activities.
2. Refusal of participation: The Company reserves the right to refuse participation to any person who has not completed the required Participant Form(s) by the deadline communicated by The Company, or where incomplete/incorrect information prevents safe participation. No refund will be payable where participation is refused for this reason.
3. Group responsibility: for Group Bookings (including School Tour Bookings and Residential Bookings), the Client is responsible for ensuring that all participants complete the required Participant Form(s) by the deadline communicated by The Company.
4. Medical and access information: where a Participant Form indicates a medical condition, injury, or access/support requirement, The Company may restrict, modify or refuse participation where necessary for safety and/or may request further information (through the Client) to support safe participation, subject to capacity and operational constraints.

31. About Our Staff

31.1 All staff are appropriately trained and qualified for the Activities they deliver. Activities operate on a “Challenge by Choice” basis and are delivered in accordance with The Company’s safety management systems and applicable standards.

31.2 Personal belongings are brought on site at the participant’s own risk. The Company does not provide insurance for accidental loss of, or damage to, personal property. Nothing in this section limits The Company’s liability for death or personal injury caused by The Company’s negligence, or any other liability that cannot be excluded or limited under applicable law.

32. Acknowledgement of Risk

32.1 There will always be some risk involved in adventure activities. The benefits of adventure-based experiences necessarily involve an element of challenge and exposure to risk that cannot be entirely eliminated.

32.2 Activities are delivered on a “Challenge by Choice” basis. Nothing in this section removes or limits The Company’s duty of care or any legal responsibilities that cannot be excluded under applicable law.

32.3 The Company reserves the right to refuse participation, or restrict a participant to observing only, where safety considerations may put the participant, other participants, or staff at risk.

Medical fitness and injury status

32.4 Participants are responsible for ensuring they are medically fit to take part. If in doubt, they should participate as an observer only and/or consult a medical practitioner before participating.