Terms & Conditions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Ireland
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Ewing’s Sea Angling & Boat Charters, Harry Ewing Pier, Rosses Point, Sligo.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Ewing’s Sea Angling & Boat Charters, accessible from https://sligoboatcharters.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Booking Terms & Conditions
These terms and conditions listed below are normal and necessary for the safe operation of the vessel and welfare of its crew. (Don’t worry, they look worse than they are!) We want people to enjoy their time with us, so these ensure an agreement exists between both parties in case of a misunderstanding (So you know exactly what to expect!) and placement of a booking is seen as confirmation that the below conditions are acceptable.
- Punctuality: It is the charterers responsibility to ensure they and their group (where applicable) arrive in good time before the booked charter time to allow for boarding. Arriving late does not guarantee the trip will stay out later.
- Command of the vessel: The skipper will navigate and command the vessel and will be the sole judge in all matters affecting the safety, circumstances and operation of the vessel, and reserves the right to cancel the trip and return to port if he feels the safety of the crew or vessel may be compromised in any way.
- Capacity: The maximum number of passengers shall be twelve.
- Safety and behaviour: The charterer and his party will obey the reasonable instructions of the skipper at all times. Charterers and their parties need to be aware that seas are encountered which cause the vessel to pitch and roll and the utmost care must be taken by all passengers to avoid injury due to falls, slips, trips etc.
- Damage: The charterer undertakes, and undertakes to instruct his party, to avoid damage to the vessel to the best of their ability. Where the owner considers any damage caused by the charterer, his party or guests, which exceeds normal wear and tear, the charterer undertakes to reimburse the owner for any damage and or loss howsoever caused.
- Loss or Damage: The owner, skipper and crew shall not be responsible for any loss or damage howsoever suffered by the charterer, his licensees or guests, in respect of their property. The hirer of rods and reels is responsible for all equipment whilst on hire, and can be charged in full for any loss or damage beyond normal wear and tear suffered to the equipment whilst in use.
- When you book only whole boat charters. Bookings are accepted by deposit paid in advance and balance paid on day of trip. When the Charterer books a whole boat charter there exists a binding contract between ourselves (Sligo Boat Charters) and the person booking the charter (the Charterer).
- The payment: For the hire and use of the vessel with skipper shall be the amount shown, paid in two instalments, the deposit and the balance to be paid on the day of charter.
- Increases in V.A.T., Additional or Increased Costs Beyond the Control of the Owner: In the
event of unforeseen extra costs to the owner the charterer agrees to pay any reasonable surcharge made necessary in this respect. - Cancellation by the Charterer: If a suitable substitute charterer, acceptable to Sligo Boat Charters can be found for the same dates, on receipt of full payment from the substitute charterer a full refund will be made. Requests for substitution of charterer must be made in writing or by e
mail. If no suitable substitute can be found, the charterer will be liable for the full charge. If the charterer cancels or shortens the trip whilst on the water, they are still liable for the full cost of the trip. Deposits are not refundable if the charterer cancels within two months of the charter date. - Sligo Boat Charters reserves the right to cancel a trip or return to port (quite rare!) due to:-
(a) Mechanical failure
(b) Electrical failure
(c) Skipper is indisposed due to ill health or similar
(d) In the opinion of the skipper one or more of the passengers are unfit due to intoxication, physical disability, mental disability or aggression.In the event of cancellation of (a) (b) or (c) a full refund will be given. In the event of (d) no refund will be given and the full charter price will be due by the charterer.
The Charterer undertakes to ensure that each member of the charter party is acquainted with and agrees to the terms of this agreement and that no claim of whatsoever nature shall be brought against the owner, skipper or crew or any servant or agent of the owner by the charterer or any member of the charter party.
- The Charterer should inform the skipper in advance of any medical condition of any of the
passengers. - Sligo Boat Charters has no responsibility for the content of other third party websites of which links appear on any of our websites or for the actions/inactions of the owners/operators of such sites. We make no representations or warranties in relation to such sites or any packages or services provided on or through those sites or the providers of those services.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
Waiver
Translation Interpretation
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email:Â info@sligoboatcharters.com