Fáilte Tours Terms and Conditions
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Terms & Conditions

Terms of Use for Fáilte Tours Online Tour Reservations system for Fáilte Tours Sightseeing Tours

In addition to the terms below, your use of the Fáilte Tours Online Tour Reservations System for Fáilte Tours sightseeing tours is subject to the Terms and Conditions of Use applicable to this website. By using the System, you agree to be bound by the terms below and the said Terms and Conditions of Use.

Online Reservations
Online tickets are booked on the understanding that the reservation confirmation despatched via email or "Page for your Records" are pre-paid vouchers which must be redeemed for a valid ticket to travel on arrival in Dublin or Galway.

Pre-paid vouchers or tickets to travel obtained from an unauthorised source, stolen, copied illegally or counterfeit will be seized and cancelled without compensation.

 

Terms:


The use of and access to pages of this website operated by GOEGI & Fáilte Tours, hereafter referred to as Fáilte Tours, is subject to the terms and conditions (“Terms”) set out below. By using or accessing the Website or any part thereof you agree to be bound by the Terms.

1) COPYRIGHT

© Fáilte Tours 2004 - 2010. The copyright in the Website is owned by Fáilte Tours and protected by Ireland and International copyright laws. By using or accessing the Website you are entitled to copy any such information for your own personal use but you may not re-publish or re-produce any such information in any manner, including without limitation electronic reproduction by “uploading” or “downloading”, without the prior written consent of Fáilte Tours. Any unauthorised downloading, re-transmission or other copying or modification of any of the content of the Website may be in breach of statutory or common law rights which could be the subject of legal action. Fáilte Tours disclaim all liability which may result from any unauthorised reproduction or use of the information on the Website. All rights not expressly granted are reserved by Fáilte Tours.

2) SECURITY OF PERSONAL DATA – PRIVACY POLICY

Fáilte Tours will only use the information that is collected about you lawfully, in accordance with the Data Protection (Amendment) Act 2003.

The details which you provide about yourself and any other information which identifies you (“Personal Information”) will be held by Fáilte Tours subject to your express agreement. These details are used for operational purposes, for example producing the tickets or processing payments, and to personalise your shopping experience by using your purchases and browsing activity to make recommendations to you about products and services that we think may be of interest to you.

Your credit card or billing account details are only retained for the purpose of handling an individual transaction, unless you ask us to keep these details for future purchases which you may make through us. Personal Information and payment details may be used by the system to determine automatically the appropriate way to fulfil your order.

In order to process a reservation, your Personal Information and payment details may be passed to third party service providers and, where Fáilte Tours is lawfully requested to do so, regulatory authorities (whether you are a registered user or not). Such third party service providers will have access to the Personal Information needed to perform the relevant service. They may not, however, use your Personal Information for any other purpose and are required to process your Personal Information in accordance with the Data Protection (Amendment) Act 2003.

Fáilte Tours may use your Personal Information:

for internal audit purposes;
to help improve content of the Website and the service Fáilte Tours offers to you;
to inform you of new features, services, products and special offers from Fáilte Tours and selected partners
You agree that any successor of Fáilte Tours may use your Personal Information on the same basis as Fáilte Tours does. Fáilte Tours will not disclose your personal details to third parties except as outlined above or in the unlikely event that Fáilte Tours required to do so by court order or other legal requirement. Please note that Fáilte Tours may transfer your data to persons outside the EEA, but Fáilte Tours will only do so in accordance with applicable data protection legislation.

As the Internet is not a secure medium of communication Fáilte Tours cannot guarantee the security of any information which you input on the Website. Fáilte Tours is not and will not be responsible for any damages you may suffer as a result of the loss of confidentiality of any such information.

Despite the non-secure nature of the Internet, Fáilte Tours takes your privacy seriously and is committed to safeguarding your privacy.

Use of Cookies

Fáilte Tours use “cookies” to identify you upon your visit to the Website but only to determine whether (1) you have previously visited the Website; and/or (2) these Terms have been previously accepted by you; and/or (3) you are registered with Fáilte Tours and wish to by-pass the registration process.

A “cookie” is a software device which identifies you as noted above each time you return to the Website and allows Fáilte Tours to build up a demographic profile of you in order to provide a personalised service.

The Website will still operate if you wish to prevent the use of “cookies” but in such circumstances it is your responsibility to disable the “cookies”.

Security

The Website has been designed to protect your privacy and any personal information about you collected by Fáilte Tours. Such personal information is protected by industry standard physical and electronic security systems.

Fáilte Tours will hold personal information only for as long as is reasonably necessary to provide the most efficient service to you.

3) LIMITATION OF USE

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Website.

4) TRADEMARKS AND TRADE NAMES

Certain names, words, titles, phrases, logos, icons, graphics and designs displayed on the Website constitute trade names and/or registered or unregistered trade marks owned by Fáilte Tours. The display of any trade names or registered or unregistered trade marks on the Website does not imply any licence has been granted to any third party in respect of the same. All rights not expressly granted are reserved by Fáilte Tours.

You shall not create a hypertext link to the Website or “frame” the Website except with the express advance permission of Fáilte Tours.

5) LIABILITY FOR DAMAGES

Fáilte Tours shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from the use of or access to or inability to use or access, interruption or availability of the Website, its operation or transmission, computer viruses, loss of data or otherwise in respect of its use or the downloading or use of any software, including pdf files, made available by Fáilte Tours on the Website. By using or accessing the Website you shall indemnify Fáilte Tours from and against all claims, expenses, losses or liabilities (including professional fees and expenses) in connection with any claim by a third party relating to the use of the software or data or arising from such downloading as referred to above.

Fáilte Tours is not responsible for invalid destinations or transmission errors in, corruption of, or the security of information carried over telecommunications carriers’ or other providers’ facilities. Fáilte Tours has no liability for faulty or interrupted communication links.

For the avoidance of doubt, Fáilte Tours shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from the actions of any third party provider of automated secure payment [and delivery] system.

6) WARRANTIES

Because of the variety of sources from which Fáilte Tours obtains the content displayed on the Website (“Content”) including text, graphics, hypertext links or other items, the Content is provided on an “AS IS” basis excluding any warranty whatsoever, expressed or implied, including, but not limited to, warranties of satisfactory quality, fitness for any particular purpose or freedom from computer viruses. Fáilte Tours excludes any liability for (i) any errors in or omissions from the Content and (ii) any other websites linked to or from the Website.

Fáilte Tours excludes any warranty that the Website will be error free, free of viruses or uninterrupted.

7) NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Fáilte Tours that you will not use the Website for any purpose that is unlawful or prohibited by the Terms. Fáilte Tours may suspend, block or terminate your access to the Website, in its absolute discretion.

8) USE OF TICKET BOOKING

The Website may be used to provide you with travel and tour information, including inter alia journey planning, to assist you in determining the availability of travel-related services; to make reservations; to purchase tickets and for other bona fide purposes. You warrant that you [are at least [18] years of age and] possess the legal authority to enter into a binding contract (including instructing Fáilte Tours to collect any payments from a credit card [or billing account]) and to use the Website in accordance with the Terms. You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others). You also warrant that all information supplied by you in using the Website is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the ticket reservation and purchase facilities accessible via the Website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorised to act. You understand that abuse of the travel services and/or reservation and/or purchase facilities accessible via the Website may result in you being denied access to such facilities.

9) CONTRACT FORMATION

No contract will subsist between you and Fáilte Tours for the sale by it to you of any tickets unless and until:

(i) Fáilte Tours' receipt of the purchase price for the tickets via the automated payment system utilised by Fáilte Tours, subject always to Fáilte Tours reserving the right to amend/correct any prices incorrectly stated on the Website. Such amendments shall only be made in the event of manifest error in respect of the price stated on the Website, and shall be notified to you forthwith. In the event of such price amendment, you shall be entitled to terminate the contract within 28 days of notification by Fáilte Tours; and

(ii) if following any price amendment as set out in Condition 9(i) above, Fáilte Tours accepts your order by e-mail. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Fáilte Tours sends the e-mail to you (whether or not you receive that e-mail).

All bookings are subject to the Terms and Fáilte Tours’ standard conditions of carriage (“Conditions of Carriage”). You are strongly advised to read the Conditions of Carriage in addition to the Terms.

The Conditions of Carriage contain limits and exclusions relative to the liability of Fáilte Tours in respect of loss caused by breach of contract as well as in respect of loss or damage to luggage and/or its contents.

Any tickets purchased via the Website are in respect of the journey details of which are confirmed to you during the booking/purchase process and/or stated on the face of the ticket only.

When your booking has been confirmed your tickets will be despatched via the method selected when you make your booking or made available for collection from a designated location. It is your responsibility to check the tickets issued to you are accurate before you travel. Fáilte Tours is only responsible for tickets issued in accordance with your instructions.

In the event of you wishing to purchase tickets via the Website from a travel service operator other than Fáilte Tours, such a purchase shall be governed solely by the terms and conditions of such third party travel service operator. To the maximum extent permitted by law, Fáilte Tours disclaims all warranties as to the quality, fitness for purpose, title and non-infringement in respect of any such transaction between you and third party travel service provider. Fáilte Tours shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from any transaction between you and a third party travel service provider.

10) LINKS TO OTHER WEBSITES

Fáilte Tours accepts no responsibility or liability in respect of any material displayed on any third party websites which are not under its control.

11) ACCURACY OF CONTENT ON THE WEBSITE

The Content is believed to be reliable when displayed. Fáilte Tours cannot guarantee that the Content will be accurate, complete and current at all times. All Content is subject to modification from time to time without notice.

12) CHANGES TO THE TERMS

Fáilte Tours reserves the right to make changes to any part of the Website and due to its policy of updating and improving the Website Fáilte Tours may wish to change the Terms. Fáilte Tours reserves the right to modify the Terms relating to the use of and access to the Website without prior notice. The amended Terms shall become effective immediately upon the posting of the amended Terms on the Website and the use of the Website by you on or after any such effective date shall constitute acceptance of such amended Terms.

13) GOVERNING LAW

The Terms shall be governed by and construed in accordance with the laws of Ireland and if you intend to take legal action in relation the Terms and/or the use of and/or access to the Website you agree that the Irish courts shall have exclusive jurisdiction.

14) GENERAL

You will be responsible for all charges and relevant taxes arising out of the booking and/or purchase of tickets online via the Website.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fáilte Tours as a result of the Terms or use of the Website.

Fáilte Tours’ performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Fáilte Tours’ right to comply with any order of any court with the necessary authority.

The Terms and the Conditions of Carriage constitute the entire agreement between you and Fáilte Tours with respect to your use and access of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Fáilte Tours with respect to your use and access of the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of the Terms is found to be invalid the validity of that provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect.

You may not assign, sub-licence or otherwise transfer any of your rights under the Terms.

If Fáilte Tours or you fail to exercise any right or remedy available under the Terms such failure does not constitute a waiver of that right or remedy. The Headings in the Terms are for convenience only and will have no legal meaning or effect.

Conditions:


Passengers are carried on Fáilte Tours services subject to the following terms and conditions.

"The Company" means GOEGI & Fáilte Tours which undertakes the provision of the services. The Company enters into a contract with the passenger upon the following terms and conditions set out for and on behalf of itself, its employees, agents and subcontractors. It is entirely within the discretion of the Company as to who operates Fáilte Tours services.

INFORMATION AND PUBLICITY

1 Information
Full details of the times and fares of services are available from appointed booking offices and agents and on the internet @ www.failtetours.com. These are subject to variation. Special Holiday timetables may operate on public holidays and passengers are advised to check times with the Company before making travelling arrangements. Relevant publicity material on the Company’s services are available through the Company’s offices and agents.

BUYING A TICKET AND SEAT RESERVATIONS

2. Types of journey
A reservation can be made for travel on the majority of services. A ticket bearing a valid reservation reference provides travel between the points shown on the date(s) and at the departure time(s) shown on the ticket. On all other services, whether a ticket is obtained from an appointed agent in advance of travel, or a fare is offered to the driver at the time of boarding, ticket holders are not bound or entitled to travel on any particular vehicle, except as set out above. The Company will not be liable for any loss or inconvenience suffered by the holders of such tickets owing to their not being able to find accommodation on the particular vehicle on which they desire or are booked to travel.

3. "Open" dated Returns
If, when buying a return ticket for travel on a reservable journey, no date is specified for a return journey, i.e. an "open-dated" return ticket is purchased, this may subsequently be validated at any appointed agent, in advance of travel, to travel on a specific departure. Any applicable excess fare must also be paid at time of validation.

4. Alterations to tickets
An alteration to a ticket may be made at any agent in addition to any excess fare, provided that the request is made prior to the time indicated in publicity, and subject to seats being available. It may not be altered after the departure date unless the ticket has been cancelled at an appointed agent before that date, and the altered ticket represents a re booking. Separate conditions apply to Free Concessionary Travel. See Section 11.

5. Bookings made with the driver on boarding
Drivers and Company officials can issue tickets at the time of departure subject to seats being available and subject to any local rules and regulations governing such sales at the relevant point of departure. Such return tickets will only be issued as "open-dated" return tickets but may be validated at an appointed agent to guarantee accommodation on a reserved journey where accommodation is available.

TICKETS

6. Your contract with the Company
A ticket that has been issued to you is evidence of a contract between you and the Company. If the ticket entitles you to any goods or services from a third party, it is also evidence of a contract between you and that party.

7. You may not transfer your ticket
A ticket may only be used by the person for whom it has been bought. It cannot be resold or passed on to anyone else.

8. Requirement to hold a ticket
You have the right to use the Company’s services if you hold a ticket or other authority to travel which is valid for those services you want to make. Please retain your ticket for inspection at any time whilst on board the coach.

9. Conditions on which tickets are issued

Each ticket is issued subject to:

* these Conditions;
* the conditions relating to certain types of reduced and discounted fare tickets set out in the notices and other publications issued by the Company and
* the conditions set out in the notices and other publications issued by another party if your ticket enables you to use any of their goods or services.

10. Children
In the interest of safety, unaccompanied children under 8 years of age will not knowingly be carried in any circumstances.
The following conditions apply for children aged 8 to 12 years:
(a) The travel ticket must be purchased by a responsible adult and the journey must not involve a change of coach en route.
(b) A responsible adult must see the child onto the coach and arrange for a responsible adult to meet the child at the destination. No responsibility can be accepted before boarding or after alighting.
(c) Children must be capable of looking after themselves during the journey and at the stops en route.
The above conditions are also advisory for children between the ages of 13 and 15 inclusive.
The Company’s staff and agents can request proof of age.

11. Concessionary Travel Schemes
Where a Fáilte Tours service is part of the Free Travel Scheme, on presentation to the driver of a valid Department of Family and Social Affairs Free Travel Pass the holder, and companion if appropriate, will be entitled to travel free of charge.
Should the Company suspect mis-use of a Free travel pass it reserves the right to retain the pass and forward to the appropriate agencies.
Free Travel will only be provided on the basis that the customer presents a valid travel pass at the time of travel.

VALIDITY OF TICKETS

12. The period during which you can use a ticket
The period during which a ticket is valid is printed on the ticket or stated in the notices and other publications of the Company. Day return tickets are issued for journeys when the outward and return departures are commenced on the same calendar day. Monthly return tickets allow travel on any day. The return journey must be completed within one calendar month of the outward journey.

13. The times you can travel and the services you can use
Reduced and discounted fare tickets are usually subject to restrictions such as the dates, days, and times when you can use them, and the services on which they can be used. These restrictions are set out in the notices and other publications of the Company.
If you travel on a service with a ticket which is not valid on that service because of such a published restriction, you will have to purchase a full price ticket for the journey made.

14. e-Tickets
The following special conditions apply to e-Tickets:
* No refunds will be made in relation to e-Tickets whether before or after the date of travel.
* As with any other ticket purchased in relation to travel on any one of the Company's services, e-Tickets are not transferable and are only valid on the journey for which they were booked.
* No amendments can be made in relation to e-Tickets.
* e-Tickets are like any other ticket purchased in relation to travel on the Company's services - if you cannot produce a valid ticket you will not be able to travel.
* If we have reason to suspect the fraudulent use of an e-Ticket, we reserve the right to confiscate it and prevent you from travelling on our services. In such an event we reserve the right to take further proceedings should we see fit. No refund will be made in relation to any e-Ticket confiscated under this special condition.

USE OF TICKETS

15. Breaking or ending a journey at intermediate places A break of journey is only allowed for interchange purposes. In such instances the passenger must travel on the first available connecting service. Failure to comply will result in the passenger having to purchase a full price ticket for the journey made.

16. If you travel further than your ticket allows
If you travel to a place beyond the one specified on your ticket, you will be treated as having joined the coach without a valid ticket for that additional part of your journey and a full price ticket will have to be purchased as if it were a separate journey.

17. Withdrawal of tickets
If you fail in a material respect to comply with any condition that governs the use of a ticket, the staff or agents of the Company may withdraw the ticket.

REFUNDS

18. Refunds may only be obtained by writing to the Customer Service Manager, Fáilte Tours, Radharc na Locha, An Tulach, Baile na hAbhann, Co.na Gaillimhe.

19. Where a passenger books to travel on a particular departure which is subsequently cancelled or withdrawn, the Company will, on application being made within 28 days of such a departure refund the whole cost of a single ticket, or where the cancellation or withdrawal arises in relation to the return half of a ticket, refund the difference between a single and monthly return fare.

20. Applications for a refund must be made prior to the departure time of the journey for which the refund is sought.

21. Any refunds will be at the discretion of Fáilte Tours and may be subject to an administration fee of €5.00.

22. No refund will be given on tickets received after the specified outward departure time unless clear evidence (i.e.. medical certificate) is produced of inability to travel on that date. Refunds will not be considered in respect of any ticket after the expiry of 28 days from that date.

23. The Company will not refund or replace lost or stolen tickets. New tickets must be purchased for travel. If the original tickets are found they should be sent to the Customer Service Manager with the receipt portion of the new ticket and a covering letter, where a refund will be made of the cost of the replacement ticket and may be subject to an administration fee of €5.00 per ticket used.

24. In respect of machine issued return tickets designed to register the date of issue only, no refund will be given after the expiry of 28 days from that date.

25. In respect of machine issued return tickets which display an expiry date, no refund will be given after the date of expiry.

26. Weekly Tickets
Weekly tickets are valid for seven days travel from the date of ticket issue.
* Refunds can only be made in writing to the Customer Service Manager prior to the first date of travel.
* No refund will be made for days on which the ticket was not used.
* The Company will not refund or replace lost or stolen Weekly Tickets.

27. e-Tickets and Special Offers
Refunds are not available on e-Tickets or on tickets issued in conjunction with promotions or special offers unless specified.

YOUR RESPONSIBILITIES

28. Please check tickets and change at the time they are issued
When you buy a ticket, you should make sure that it is valid for the journey you want to make and that you have received the correct change. If possible, you should tell staff about any apparent errors at that time. If you do not, the Company or agent which sold you the ticket will only consider claims about any errors if you can show to its reasonable satisfaction that an error was made.

29. Arriving in time to board the coach
Passengers who have reserved tickets should aim to arrive at the boarding point for their coach 10 minutes prior to the scheduled departure time. Where passengers arrive later than the scheduled departure time the Company reserve the right to allow passengers without reserved tickets to board the coach. No responsibility for any loss can be accepted in such circumstances.

30. Make sure you are on the correct coach and that you get off at the right stop
You are responsible for making sure that you join the correct coach and that you get off at the right stop.

31. Inspection of tickets
You must show and, when required, hand over for inspection, a valid ticket and any accompanying discount card at the request of the staff of the Company or its agent.

32. If your ticket is spoiled or altered
If a ticket is defaced, damaged or tampered with it is not valid for travel. The Company reserves the right to refuse to issue a replacement ticket in such circumstances.

33. Lost or mislaid tickets
A ticket is your evidence of your right to make a journey and its safekeeping is your responsibility. Lost or mislaid tickets will not be replaced nor will refunds be made in respect of them.

34. When you have to change coaches
If it is necessary to change coaches you will be responsible for your transfer between stops and for the transfer of your luggage.

35. Making time for connections
Passengers must allow plenty of time for their coach journey to arrive in time to connect with other forms of transport provided by other carriers or before an appointment when travelling to important appointments. In particular passengers should plan to arrive at airports at least one hour before their flight check-in time and at least one hour before departure time of other services. The Company do not accept responsibility for any delays caused by circumstances beyond our control.

36. Comfort breaks
Short halts are made on some routes for refreshments. Passengers must return to the coach punctually within the time allowed for these halts. Coaches may have to proceed without a passenger who fails to rejoin the coach at the prescribed time as set out in the timetable or as prescribed by the driver. The Company will not be liable for any loss or damage caused by such an occurrence.

37. More than one person travelling on one ticket
Where two or more people are included on the same ticket, the person purchasing the ticket shall be deemed to do so on the basis that he or she acts as agent for both or all the members of the party and accepts these conditions on behalf of each member of the party.

RESPONSIBILITIES OF THE COMPANY

38. It is the Company’s responsibility to carry the passengers, with the minimum discomfort and inconvenience to the destination shown on the ticket. However sometimes, due to circumstances beyond the Company’s control, coach services are disrupted or cancelled.

39. The Company shall not be in breach of its obligations to carry the passengers if a service is cancelled due to circumstances beyond its reasonable control, which shall be deemed to include, but not be limited to exceptional severe weather conditions, accidents causing delays on the coach service route, fire and/or damage at a coach station, compliance with requests of the police, deaths and accidents on the road, vandalism and terrorism and acts of God.

40. In the event of any failure by the Company to fulfil its obligations due to a circumstance beyond its reasonable control, the passenger shall be entitled to a refund of their ticket price but the Company shall have no additional liability beyond this.

41. If the Company fails to carry the passenger to their destination as shown on their ticket for any reason not otherwise excluded pursuant to section 39 above (for instance, and in particular due to a mechanical breakdown of the Fáilte Tours coach), the Company shall, at its own expense, arrange or provide alternative transport, such as another coach, train, private car, taxi etc to complete the journey as soon as reasonably practical having regard to the circumstances and provided that the Company does so within a reasonable time, it shall have no other liability as a result of any delay in performing its obligations.

42. Limitation of Liability for Breach of Contract
Notwithstanding anything to the contrary contained in these terms, the Company’s liability for any failure on its part to carry the passenger to the destination shown on the ticket shall be limited to reimbursing the passenger for the reasonable cost of alternative travel to such destination by coach, train, private car or taxi (or any combination of them) and the passenger shall be reimbursed on presentation to the Company’s office at Radharc na Locha, An Tulach, Baile na hAbhann, Co.na Gaillimhe, of the appropriate receipt or other voucher for the cost of such travel. In particular, but without prejudice to the above paragraph, the Company shall have no liability for any consequential losses of the passenger as a result of failure by the Company to fulfil its obligations.

ON BOARD COMFORT

In the interest of all passengers the following "comfort" rules will apply:

43. Noise. The playing on coaches and in coach stations of radios, cassette or CD players, personal stereos, musical instruments is not permitted. However, provided that the driver of a coach is satisfied that the sound of a personal stereo does not cause offence or inconvenience either to himself or to the other passengers, he may allow an exception to this requirement. A coach is a confined area and passengers should only use mobile phones where essential.

44. Alcoholic drinks. Passengers are not permitted to take alcoholic drinks onto coaches for the purpose of consuming them on board, nor to drink such drinks on the coach or to remain on the coach when in the opinion of the driver they are under the influence of alcoholic drink.

45. No Smoking policy. Passengers are not permitted to smoke in any vehicle operated by the Company and designated no smoking areas in any coach station. The Company is entitled to require offending passengers to remove themselves from the coach or coach station if they do not comply with a request to desist from smoking.

46. Drug and Solvent abuse. Passengers are not permitted to board or remain on board any of the Company’s services whilst under the influence of drugs and/or solvents.

47. Special Needs. Certain seats may occasionally be reserved for disabled travellers etc. Passengers should always comply with any requests from staff to make such seats available.

48. Food. Passengers are not allowed to take onto our coaches any hot food e.g.. chips, take-away meals etc. We are entitled to refuse access to any passenger with hot food.

49. Pre-booked customers Fáilte Tours will reserve seats for pre-paid customers. Passengers should respect seat reserved signs and should not sit in these seats.

50. The Company reserves the right to refuse entry or to remove from the Company's vehicles any passenger who shall be or, in the opinion of the driver or other Company official, appears to be in breach of any of these comfort rules. Any passenger so refused or removed shall not be entitled to any refund or compensation whatsoever from the Company and the Company shall have no liability to the passenger whatsoever.

LUGGAGE AND PERSONAL PROPERTY

51. Neither the company or its servants, agents or subcontractors are common carriers and luggage and personal property for carriage will only be accepted on these conditions.

52. We reserve the right to refuse to carry in the hold more than one suitcase or similar package of luggage and more than one small bag inside the coach. Additional luggage may be carried subject to accommodation being available within the vehicle. This right may be exercised even if larger amounts of luggage have been permitted on the outward journey.

53. Wherever possible, the Company will assist the wheelchair bound passenger. Folding wheelchairs will be carried where possible however battery-powered wheelchairs cannot be carried. The Company can offer no guarantee that a member of staff trained in the correct lifting and handling of the wheelchair bound passenger will be available to offer assistance. It is therefore incumbent on the passenger to make suitable arrangements to have a qualified person available to assist at boarding, departing or connecting point.

54. The Company reserves the right to refuse trunks or other bulky articles, or articles of an objectionable or dangerous nature, or which have sharp or protruding edges which may tear or damage other luggage with which it is packed within the coach. The Company is also entitled to request any passenger to open any article of luggage for inspection by the driver or other authorised employee of the Company in the presence of the passenger if, for reasons of security, the Company considers it necessary to do so. Subject to availability of accommodation and payment of the appropriate charge, , bicycles and skis/surfboards will be carried provided they are packed in such a way as to prevent damage to other luggage. Fragile items such as electronic goods, portable televisions, radios etc. will only be carried if they are of reasonable size and securely packed. The Company will not be responsible for damage to such items howsoever caused.

55. Passengers are responsible for getting themselves and their luggage onto the correct service. If the Company’s staff assist with luggage, it is still the passengers responsibility to see it on and off the coach. The passenger must also look after his or her luggage at all times including whilst at coach stations, stops and on the coach. Medication and valuables should not be stowed in the luggage hold but taken on board. The Company's liability is limited to €300 per passenger and passengers are advised to ensure that they have proper insurance if their luggage is worth more than this.

56. Luggage given into the custody of the Company must be clearly and appropriately labelled and securely packed and locked/fastened. The passenger's destination should be shown on the outside of the luggage.

57. The Company will not be liable for loss or damage to passengers luggage or to any possessions of the passenger unless such a loss or damage is caused by negligence on the part of the Company, its servants or agents; and, in the event of the Company being liable for loss or damage under this clause, its liability in such case shall be limited to the sum of €200 per item of luggage, with a maximum of €300 for any single claim. Where an item of luggage contains items belonging to more than one person, only one claim will be considered by the Company. The Company's liability will be limited to €25 for any one item within the luggage lost or damaged. The Company will not be liable for any monetary loss whatsoever. This includes currency, valuable securities such as cheques, money orders, premium bonds and certificates and all other items which may be valued in money or money's worth. The Company recommends passengers to insure their luggage and personal property.

58. Loss of luggage or personal property must be notified immediately to a Company employee and also to the local Garda Station. The Company reserves the right to levy a charge for storage and return of lost property.

CARRIAGE OF ANIMALS

59. Animals, other than guide dogs accompanying registered blind persons and hearing dogs accompanying deaf persons, will not be carried on the Company’s services.

60. If an animal is taken on board without the drivers permission the passenger will be required to remove it.

GENERAL

61. The published running times of services are approximate only and the Company does not undertake that services will start or arrive at the time specified in its timetables or that such services will connect with other services shown as connecting services.

62. Except as provided in these terms, the Company will not be held liable for any loss howsoever arising or caused as a result of any delay to such services or by the same not operating in accordance with their published timings.

63. The Company reserves the right to alter its timetables or suspend, cancel or withdraw services or departures or other facilities without notice, whether before or after a passenger has booked accommodation on the same.

64. The right is reserved to provide carriage between the points stated on the ticket issued to the passenger by means other than the vehicles scheduled to run on the journeys to which the ticket relates.

65. Any arrangements for hotel accommodation, meals, refreshments, admissions to or for the use of premises, vehicles (including coaches), trains, ferries, aircraft or other means of conveyance operated by persons or bodies other than the Company are made by the Company as agent for and on behalf of the passenger, on the express condition that the Company shall not be liable for any loss, damage, injury, delay or inconvenience howsoever caused to the passenger as a result of any such arrangements for such matters or use thereof. Such arrangements are subject to any by-laws, regulations or conditions of the provider of the facility.

66. Any ticket sold or arrangement entered into on behalf of the passenger is on the condition that the laws of Ireland shall apply to the contract arising and to the determination of the rights and liabilities of the respective parties and that no action or other proceedings shall be brought by either party in relation to the contract or for damages independent of such contract except in a court of competent jurisdiction in Ireland.


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