Set out below are the Terms and Conditions, Waiver and Cancelation Policy regarding participation in the Boat Trip. In booking a trip, you agree to provide all members of your party with a copy of these Terms and Conditions, Waiver and Cancelation Policy, prior to taking part in the boat trip. In addition, please note that all those taking part in the boat trip will be asked to read a copy of our Terms and Conditions, Waiver and Cancelation Policy, before boarding the boat.
Bookings
All reservations are prebooked with Tralee Bay Experience prior to the departure time and date. All Tours are subject to the weather conditions, river/canal conditions and passenger numbers. Where it is deemed necessary by Tralee Bay Experience or the Skipper, the Skipper reserves the right to alter bookings without prior notice.
Cancellation & Refunds
Cancellations will be accepted via email up to 48 hours prior to departure. No refunds are provided for missed departure times or booking. No refunds will be issued without a minimum of 48hrs prior to notice being received in writing via email to traleebayexperience@gmail.com.
Arriving on Time
Passengers must arrive at the departure point fifteen minutes before the allotted departure time. Failure to arrive on time may result in a refusal to board the vessel. Departure times will not be delayed due to the late arrival of passengers. No refunds will be issued for cancellations of bookings resulting out of the late arrival off passengers.
Loss or Damage to Personal Property
It is the sole responsibility of each passenger to adequately take care of their personal belongings while aboard. Tralee Bay Experience, takes or has no responsibility for any loss or damage to any personal belongings of passengers during the tour. Every passenger is solely and completely responsible for safeguarding their own personal belongings. Where a personal item is dropped and falls into a difficult or inaccessible part of the boat, where it is not possible to reach in a timely fashion, it may not be possible to retrieve the item immediately. Tralee Bay Experience accepts no responsibility for such items. However, Tralee Bay Experience will endeavour to retrieve and return the item as soon as is possible given the busy scheduling of the service. Particularly in this regard, the passenger accepts and assumes full responsibility for any loss or damage to the item. Where a personal item is dropped overboard, it is not possible for Tralee Bay Experience to guarantee the return of the item. Therefore, Tralee Bay Experience accepts no responsibility for such items and the passenger hereby accepts and assumes full responsibility for any loss or damage. In this regard, we repeat the mantra “do not bring anything with you that you are fearful of losing.” In particular, items such as handbags, engagement rings, sunglasses, hats, phones, money and watches can easily drop overboard. Tralee Bay Experience accepts no responsibility in this regard whatsoever.
Passenger behaviour
Passengers must at all times obey the instructions of the Skipper ,Crew member or Employee of Tralee Bay Experience. The safety of passengers, crew and boat are paramount. Children must be accompanied by a responsible adult at all times. This adult is responsible for the behaviour, conduct and safety of the child throughout the entire boat trip. Passengers, both adult, and children must remain seated throughout the entire boat trip. Standing or
walking around on-board is not permitted, with the exception of boarding and disembarking the boat.
Wearing of Lifejackets
All passengers will be provided with approved lifejackets. These must be worn at all times by all persons. Persons damaging or activating a lifejacket in a non-emergency, will be liable for the replacement cost of €70 per lifejacket.
Refusal to Board
Tralee Bay Experience and its staff reserve the right to refuse boarding or require a person(s) to disembark the vessel if staff believed that they are a danger to the safety of themselves, others, or members of crew. In addition, if they have, are or threatening to engage in, in behaviour that may adversely affect the safety, enjoyment, comfort, or well-being of others. This may include but is not limited to disruptive behaviour that is verbally or physically abusive, harassing in nature, obscene or discriminatory. Also, failing to or refusing to follow the terms & conditions set out by Tralee Bay Experience, its safety rules, or the instructions of the Skipper/Captain or crew members. In such an event, Tralee Bay Experience will not be required to refund the fare or part of and the financial deficit will be bore solely by the passenger. In addition, Tralee Bay Experience will be entitled to recover from them any costs or expenses incurred by it, its representatives or crew members.
Assumed Risk
Passengers should be aware that medical facilities and access to emergency assistance, other than basic First Aid, are not readily available during the boat trip. Therefore, you should be willing to accept the risks and uncertainties involved as being an integral part of the boat tour. Passengers thereby must accept and assume full responsibility for any and all risks of loss, illness, injury
or death while taking part in the boat trip. In particular, all passengers must sign, or sign on behalf of those in their care, the waiver set out below exempting Tralee Bay Experience from all claims of negligence or other, whatsoever. In particular, Tralee Bay Experience accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, arising from the use of the boat or any equipment or facilities, either in contract or tort, including negligence, or breaches of duty of care arising from the boat tour.
Force Majeure
In the case of a Force Majeure event, Tralee Bay Experience will be released from any liability of any kind and accepts no liability for any loss or damage in whole or in part resulting from an “Act of God” (Force Majeure event) or any other condition outside its control.
Changes in Terms & Conditions
From time to time, the Terms and Conditions may be changed by Tralee Bay Experience without notice. Any changes will come into effect upon publication.
Waiver
In accepting of this boat trip adventure, I agree that I take part at my own risk and that (to the fullest extent permitted by the law) no person(s) or organisation(s) will be held responsible for any expense, accident, injury or loss to myself or person in my care, prior to, during or after the boat trip/event. In particular, I confirm that neither Alan a d Mary Browne, Boat Trips (Tralee Bay Experience), their officers, employees, associates, volunteers or agents shall be, nor shall be deemed to be, responsible or liable (whether in contract or in tort or under any statute whatsoever), for any pain and suffering, injury, illness or other mishap to myself or my property, my family or dependents, sustained in, or arising from or out of, or in any way directly or indirectly connected with the boat trip adventure; and I, for myself, my heirs and executors, hereby expressly waive, release and forever discharge all of the above named from any liability arising out of my participation in this boat trip adventure. I am aware of and assume all risks associated with participating in this boat trip adventure, including but not limited to water immersion, drowning, falls, contact with other participants (including Covid 19), conditions of the boats, conditions of the rivers/canals, conditions of the roads, lands, river/canal banks, conditions of jetties, pontoons, moorings, slipways and docking areas. I understand that this waiver includes any claims, whether caused by negligence, the action or inaction of any of the above parties, or otherwise. I acknowledge that none of the above named shall be liable for the actions of any third parties. By accepting these terms, I agree to and will adhere to the direction of Tralee Bay Experience employees or agents. I hereby grant full permission to any and all of the above named parties to use and reproduce any images or recordings whatsoever, fixed or moving, taken of me (or those under my supervision & responsibility, on this boat trip for any legitimate purpose, including but not limited to, the advertising, promotion or exploitation of the boat trip (and future trips) through the medium of television, film, video or other media broadcasts. This permission is considered unlimited and may be used the world throughout. I confirm that all intellectual property in connection any such images or recordings shall remain the property of Boat Trips trading as Tralee Bay Experience and where such intellectual property does not automatically vest in Boat Trips, these Terms and Conditions shall constitute a legally binding assignment thereof, and I consent to the signing of all reasonable documentation required to give effect thereto. I consent to Boat Trips holding and using all personal information disclosed by me, or on my behalf, in conjunction with my participation in the boat trip adventure and I agree that Tralee Bay Experience
can use my personal information to contact me. I understand that participating in this event is physically demanding, potentially hazardous and acknowledge the risks involved. I also acknowledge that I should not take part and participate unless I am physically and medically able to do so. I confirm that I have no physical or medical disabilities or impairments which would endanger myself or others taking part. To the extent permitted by law all provisions of these Terms and Conditions shall be severable and no provision shall be affected by the invalidity or unenforceability of any other provision with the remaining provisions if necessary, being so amended as shall be necessary to give effect to the spirit of these Terms and Conditions so far as possible. NOTE: Each participant is required to wear a life jacket or PDF safety gear for the duration of the boat trip adventure. Please sign below to indicate that you have read and accept these terms and conditions of participation. In the case of a minor or person in your care, please print their name next to your signature to accept the terms & conditions on their behalf.
