Luain Tours Ireland Limited Terms & Conditions

PLEASE READ CAREFULLY. Ensure you take the time to read and understand the conditions of booking set out below prior to booking a tour with Luian Tours Ireland Ltd. Once your booking has been confirmed with us, you are obliged to abide by the following terms and conditions. They are as follows:

1. Booking conditions once the Operators, (hereinafter referred to as Luain Tours Ireland Ltd), confirm you’re booking, a contract is made between you and the Operator under the terms and conditions set out below. Your statutory rights are not affected. In a booking with more than one passenger the ‘lead passenger’ will be deemed to have accepted the terms and conditions on behalf of all passengers within the booking. The ‘lead passenger’ is the passenger who makes the booking on behalf of all passengers in a multi-passenger booking and is named in the ‘lead passenger’ field within the booking. Within these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added at a later date)

1.1 All bookings are made with Luain Ireland Tours Ltd (us/we).

1.2 On confirmation of your booking, subject to availability and at the Operator’s discretion, the Operator will reserve your place(s) on your selected product(s) “tour(s)”. It is your (or on bookings involving more than one person, the lead passenger’s) responsibility, as the customer, to check the accuracy of your booking including your travel dates. A contract is only made between you and the Operator upon your booking being confirmed and accepted through written communication thereof to either you (hereinafter referred to as “confirmation”). 

1.3 The services to be provided are only those referred to in your booking confirmation.  

1.4 A booking is accepted by Luain Tours Ireland, only when we have received a 25% deposit and confirmed your booking by email if your booking is made more than 60 days in advance of your tour departure or when we have received payment in full and confirmed your booking by email if your booking is made less than 60 days before your tour departure. No tickets will be issued until full payment has been received.

1.5 On receipt of payment as detailed above, subject to availability and at our discretion, Luain Tours Ireland Ltd will reserve the client a place on a trip. A contract is only made between the client and Luain Tours Ireland Ltd upon the confirmation of your booking and our communication thereof to you.

1.6 It is the responsibility of the client to make sure the activity/tour dates booked are accurate.

1.7 Activity/Tour Requirement: All activity/tours must have a minimum of 16 persons in order to run. See “Changes by Luain Tours Ireland Ltd” for information on refunds in case of minimums not being met.

1.8 Dates, itineraries and prices are valid from 01 January 2019 until 31 December 2019. Beyond 31 December 2019 dates, itineraries and prices are indicative only.

  1. All bookings with carriers and other service providers are subject to the terms and conditions and limitations of liability imposed by those carriers and other service providers. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Although Luain Tours Ireland Ltd cannot accept any responsibility for any loss as a result of such actions or as a result of any act of omission of any such third parties, Luain Tours Ireland Ltd will assist in the resolution of reasonable disputes.

  2. Every effort is made to ensure the accuracy of our brochures and other printed material at time of going to print, however Luain Tours Ireland Ltd cannot be held responsible for printing and typographical errors.

2. Activity/Tour requirements  

2.1 All participants under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian. The legal guardian or their designee will be responsible for the participant under the age of 18 day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.

2.2 For the majority of our activity/tours we have no upper age limit though we remind you that our activity/tours can be physically demanding and clients must ensure that they are suitably fit to allow full participation.

2.3 It is the responsibility of the client to ensure that they obtain proper and detailed medical advice at least two months prior to participation for the latest health requirements and recommendations.  

3. Pricing and additional charges / changes by us 

3.1 Our activity/tour prices are subject to variable and seasonal pricing, both of which are standard practice within the travel and tourism industry. This means our prices:

  1. Our prices may vary at any time in accordance with demand, market conditions and availability and currency fluctuations in line with world monetary markets and conditions.

  2. In the event of cancellation of a tour by us, Luain Tours will offer a full refund of the tour price only, less any non-refundable elements, or alternative travel arrangements to all clients booked onto the tour.  In these circumstances, no incidental or consequential expenses will be paid by Luain Tours.

  3. The most up to date pricing is available on our website.

  4. Prices are stated in euro and are subject to currency exchange rates.

  5. We reserve the right to impose additional charges up to 48 days before departure due to unpropitious changes in exchange rates, increases in transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances we will be responsible for the any amount up to 2% of the activity/tour price and you will be responsible for the balance. If any additional charge results in an increase of more than 10% of the activity/tour price you may cancel the booking within 14 days of notification of the additional charge and obtain a full refund. We will not charge any booking for participation within the validity of this brochure once paid in full.

  6. All multi-day tours have a 25% deposit. Final payment of the remainder is due 60 days before departure date or on the date of booking if within 60 days of departure date. Failure to pay remainder within 3 days of this payment notice may result in booking being cancelled.

3.2 Tour add-ons (e.g. pre and post night accommodations are exempt from any discount codes or offers)

4. Inclusions

4.1 The cost of an activity/tour includes:

  1. all listed activities outlined in the Activity/Tour Details

  2. all transport listed in the Activity/Tour Details

  3. the services of a group guide as described in the Activity/Tour Details

5. Exclusions

5.1 The cost of the activity/tour does not include:

  1. international or internal flights.

  2. airport transfers, taxes and excess baggage charges unless specified

  3. meals other than those specified in the Activity/Tour Details

  4. visa and passport fees

  5. travel insurance

  6. optional activities and all personal expenses

6. Optional activities/services 

6.1 Optional activities/services not included in the activity/tour price do not form part of the activity/tour or this contract. You accept that any assistance given by the group guide in arranging optional activities/services does not render us liable for them in any way. The contract for the provision of that service will be between the client and activity/service provider.

  • 7. Insurance 2.1 The price of your ticket does not cover your travel insurance.

  • 2.2 Luain Tours Ireland Ltd strongly recommends that the client purchases comprehensive travel insurance cover for cancellation, medical expenses, personal accident, personal luggage, money and public liability before you travel. The client should ensure that any activities undertaken by the client during the Tour are covered by their insurance, in this regard, please note that certain activities may require specific insurance and it is a matter for the client to ascertain the position with their insurer before partaking in any activity.  Luain Tours reserves the right to refuse admission to a passenger unless the client has arranged appropriate insurance. Luain Tours Ireland Ltd accepts no responsibility for loss or personal damage to personal belongings or liability for personal injury/death.

8. Cancellation or amendments

Cancellation of a client’s booking must be notified in writing to Luain Tours. Cancellation charges are calculated on the day when written notification is received by Luain Tours. The Table below shows the number of days before departure dates that Luain Tours receives written confirmation of cancellation, and the percentage of tour fare, including any surcharges that will be imposed on the client as a corresponding cancellation charge.  Please note that in addition to the tour fare cancellation charges set out below, the client may also incur cancellation fees in respect of any third party suppliers booked by the client in association with a Luain Tours Tour

# of Days’ Notice       

Refund

48 or more

Full amount paid minus a €20 administrative fee    

28-47

70% of full amount

14-27

50% of full amount

Less than 14

No refund

8.2 At the discretion of Luain Tours Ireland Ltd, clients who cancel 14 or more days in advance will be able to reschedule an activity/tour for a €20 fee. Subject to availability.

8.3 Refunds will be calculated from the day the notification of cancellation is received. Refunds are based on the above chart.

8.4 Clients are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees.

8.5 If the client leaves an activity/tour for any reason after it has commenced we are not obliged to make any refunds for unused services. No refund will be made if the client fails to join an activity/tour, join it after its designated departure date, or leave it prior to its completion. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.

8.6 We may cancel an activity/tour at any time up to 14 days before departure. We may cancel an activity/tour at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel the activity/tour, the client can transfer amounts paid to an alternate departure date or alternatively receive a full refund. In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs. We are not responsible for any incidental expenses that the client may have incurred as a result of their booking including but not limited to visas, vaccinations, and travel insurance excess or non-refundable flights.

8.7 If the client wishes to transfer from one activity/tour to another or transfer their booking to a third party, the client must notify us at least 48 days prior to the proposed departure date. A fee of €20 per person per change will apply (in addition to any charges levied by accommodation, transport or other service providers). If the client notifies us less than 48 days prior to the proposed departure date the refund policy applicable to cancellations will apply. Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the activity/tour, and transfers to another departure can only be made to a departure within the current validity period.

8.8 Amendments to any other arrangements made in conjunction with the activity/tour will incur a €20 administration fee per booking per change. This fee is in addition to any additional charges levied by levied by accommodation, transport or other service providers. No amendments are permitted to the booking within 14 days of departure. 

9. Changes Luain Tours Ireland Ltd

9.1Luain Tours Ireland Ltd reserves the right to vary, modify or cancel any itinerary, either partially or fully.

  1. In the event of cancellation of an activity/tour by Luain Tours Ireland Ltd a full refund or alternative travel arrangements will be offered to all clients booked onto the activity/tour.

  2. If access to any county or area is prohibited for reason beyond  control the client will be entitled to choose between accepting the change, accepting an alternative activity/tour if Luain Tours Ireland Ltd   cannot offer substitute services or a refund. The amount of the refund will be pro-rated based on the total number of activity/tour days already done.

  3. We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by the client. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as non-refundable flights.

  4. Under no circumstances will Luain Tours Ireland l be held responsible for weather conditions. No booking can be cancelled or amended on the basis of weather conditions.

  5. We accept no responsibility for weather conditions that may affect the delivery and implementation of our itinerary.

10. Clients Travelling

  1. Clients must observe the laws and regulations of the countries visited, including customs and foreign exchanges restrictions. If the client does not, they may be asked to surrender their Luain Tours Ireland Ltd ticket. This may be cancelled without refund.

  2. In the interest of safety there may be times when a Luain Tours Ireland Ltd representative has to make a decision. It is a condition of booking that the client must comply with the authority and decisions of the appointed Luain Tours Ireland Ltd representative. If the client does not comply with the Luain Tours Ireland Ltd representative and are not compatible with the general enjoyment and well-being of the members of the activity/tour, Luain Tours Ireland Ltd reserves the right to exclude the client from continuing the activity/tour. In such a case, Luain Tours Ireland Ltd will not be liable for any refund, compensation or any additional costs incurred by the client. Luain Tours Ireland Ltd cannot accept responsibility for the behaviour of others on an activity/tour nor if curtailed as a result.

  3. The client appreciates and acknowledges that the nature of this type of activity/tour requires considerable flexibility and they should allow for alternatives. The itinerary provided for each activity/tour is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

  4. Our activities/tours are guaranteed to depart once they have 16 fully paid participants.. If the client would like to know how many people are booked on the activity/tour or any combination activity/tour, please don’t hesitate to ask us prior to making the booking.

  5. If there are insufficient numbers on a tour, Luain Ireland Ltd shall provide alternative transportation for all or part of a tour route. We will notify guests of such changes in advance.

  6. If traveling with children under 5 years of age, you must inform the company in advance (at least 14 days) so arrangements can be made to facilitate travel e.g. child seat on bus.

  7. We highly recommend that clients don’t carry valuable items with them (e.g. phones) on any of our water based activities as we are not responsible for any accidents arising from any damage to said items in the course of the tour.

11. Client responsibilities

  1. The client acknowledges that the nature of the activity/tour is adventurous and participation involves a degree of personal risk. It is also the responsibility of the client to acquaint themselves with all the relevant activity/tour information and the nature of their itinerary. The client acknowledges that the decision to partake is made in light of consideration of this information and the client accepts that they are aware of the personal risks attendant upon such participation.

  2. Luain Tours Ireland Ltd must be advised of any medical conditions, or physical disability of the client that requires special attention when the booking is made.

  3. When a client is booked with Luain Tours Ireland Ltd, they accept responsibility for any damage or loss they cause. Full payment for any such damage or loss must be paid at the time direct to the owner or manager or other supplier. If a client fails to do so, s/he will be responsible for meeting any claims (including legal costs) subsequently made against Luain Tours Ireland Ltd as a result of his/her actions.

  4. If a client wishes to not participate on a given activity or day of the tour they must notify via email Luain Tours Ireland Ltd of their decision. 

  5. Clients are expected to be respectful to other activity/tour members and people around them. Failure to do so may result in their being asked to leave the activity/tour by the Group Guide, with no right of refund. It is also in our rights not to carry the client on any future activity/tours booked. The client must at all times comply with the laws, customs and laws of the country, and they also agree to participate in accordance with our responsible travel guidelines.

  6. There is a strict no smoking policy at any time whilst travelling on Luain Tours Ireland Ltd touring vehicles or while engaged in activities conducted under Luain Tours Ireland Ltd on an activity/tour. If the client does not comply with the no smoking policy and are not compatible with the general enjoyment and well-being of the members of the activity/tour, Luain Tours Ireland Ltd reserves the right to exclude the client from continuing the activity/tour. In such a case, Luain Tours Ireland Ltd will not be liable for any refund, compensation or any additional costs incurred by the client. Luain Tours Ireland Ltd cannot accept responsibility for the behaviour of others on an activity/tour nor if any activities are curtailed as a result.

12. Limitation of liability   

12.1 We will accept liability for the negligence of our staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under the applicable law. Our obligations, and those of our suppliers providing any service or facility included in an activity/tour, are to take reasonable skill and care to arrange for the provision of such services and facilities. This acceptance of liability is subject to clause c. below. 12.2 In other circumstances we are responsible to you for the proper performance of this contract. This acceptance of liability is subject to clause c. below. 12.3 We shall not be liable for any damage or loss if the failure to carry out the contract is:

  1. Attributable to you.

  2. Attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.

  3. Due to unforeseen and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had to be exercised.

  4. Due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure.

  5. Due to an event which we, even with all due care, could not foresee or forestall.

12.4 Except in cases involving death, injury or illness, any liability covered under clause b. above is limited to 3 times the price paid. In the case of damaged property the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases the Company specifically excludes all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.

12.5 Where your activity/tour arrangements involve travel by air, rail or sea, or hotel accommodation, the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955, Bern Convention 1961, Athens Convention 1974 and Paris Convention 1962. We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions.

12.6 Our acceptance of liability in clauses a and b above is subject to assignment by you of your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury. 12.7 Flight Notice, Flight Information and EU Blacklist.

This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between the carrier(s), us and you, nor part of a claim. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice.

Air carrier liability for passengers and their baggage:

This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montréal Convention. 

  1. Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £80,000 / €120,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

  2. Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately £13,000 /€19,300).

  3. Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300 / €5,000).

  4. Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800/€1,200).

  5. Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800) In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

  6. Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

  7. Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.

  8. Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

  9. Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

  10. Basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.

  11. In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at www.air-ban.europa.eu. In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our website. The airline may use wide and narrow-body jets. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.

13. Complaints by clients

13.1 The Agent shall immediately inform the Principal of any observations or complaints received from customers in respect of the Activity/Tour. This must be put in writing to us within 30 days of the end of the Activity/Tour. The parties hereto shall deal promptly and properly with such complaints.

14.  Contract law

14.1 Any dispute arising out of or on connection with the present contract shall be finally settled in accordance with the Courts of the Republic of Ireland only.

14.2 The courts shall apply the provisions contained in this contract and the principles recognized in international trade as applicable to international agency contracts, with the exclusion – subject to article 14.3 hereunder – of national laws. Since the Agent is headquartered in the EEC, the mandatory provisions of the EEC Directive of 18 December 1986 shall also apply.

14.3 The courts shall in any case consider such mandatory provisions of the law of the country where the Agent is established which would be applicable even if the parties submit the agreement to a foreign law. The courts may take the above provisions into account to the extent they embody principles that are universally recognized and provided their application appears reasonable in the context of international trade and/or appear to be relevant for the enforcement of the judgment award.

15. Modifications – Nullity

15.1 In the event that any term or condition contained in this contract is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

15.2 No addition or modification to this contract shall be valid unless made in writing. However, a party may be precluded by his conduct from asserting the invalidity of additions or modifications not made in writing to the extent that the other party has relied on such conduct.

15.3 The nullity of a particular clause of this contract shall not entail the nullity of the whole agreement, unless such clause is to be considered as substantial, i.e. if the clause is of such importance that the parties (or the party to benefit of which such clause is made) would not have entered into the contract if it had known that the clause would not be valid.

Weather Conditions & Force Majeure

  • The client accepts that certain activities and aspects of Luain tours are weather dependent and that under no circumstances can Luain Tours be held responsible for weather conditions.

  • Luain Tours will not be deemed in breach of these terms and conditions or otherwise liable to you, by reason of delay in performance or non-performance of any of its obligations under these terms and conditions to the extent that any such delay or non-performance is due to any Force Majeure. “Force Majeure” means any circumstances beyond the reasonable control of Luain Tours, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labour strikes, requisition, sickness, quarantine, government intervention, weather conditions, volcanic ash clouds and unforeseen circumstances.

16. Photos, Marketing and Web Cookies

16.1 By taking part in our activities/tours the client consents to us using photos and/or videos of the client for advertising and promotional purposes in any medium we choose. The client grants us a permanent, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

16.2 We may use technology to track the patterns of behaviour of visitors to our site. This can include using a “cookie” which would be stored on your browser. You can usually modify your browser to prevent this happening. The information collected in this way can be used to identify you unless you modify your browser settings.

17. Privacy Policy  

We collect information about the client for 2 reasons: firstly, to process their booking and second, to provide them with the best possible service. The personal information requested by the company at the time of booking plus any subsequent information is held in its original form and on computer. The information is required to assist the company, employee and any subcontractors to deliver the activity/tour and in maintaining the company’s high standards of delivery.

By providing us with the information to process the client’s booking they are agreeing that the information can be kept and accessed by authorised company personnel. We will never pass on your personal details or payment details to any third party. We will otherwise treat the client’s details in accordance with our privacy policy and current Irish GDPR laws and regulations.

18. Revising of terms and conditions  

Luain Tours Ireland Ltd reserves the right to revise and/or alter these terms and conditions at any period, and it is the client’s responsibility to be familiar with them. The latest terms and conditions can always be found on our website www.luaintoursireland.com.