TERMS & CONDITIONS
Cancelation Policy & WaiverSet 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 and sign a copy of our Terms and Conditions, Waiver and Cancelation Policy, before boarding the boat.
BookingsAll reservations are prebooked with bagenalstowntripboat.com 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 bagenalstowntripboat.com or the Skipper, the Skipper reserves the right to alter bookings without prior notice.
Payment Processing OverviewThere is one type of payment processing option available on Bagenalstowntripboat.com.
Stripe payment processing: Credit / debit card bookings are processed online or inhouse via bagenalstowntripboat.com through the Stripe merchant services gateway. For more information go to stripe.com.
Cancellation & RefundsCancellations 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 firstname.lastname@example.org.
Arriving on TimePassengers 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 PropertyIt is the sole responsibility of each passenger to adequately take care of their personal belongings while aboard. bagenalstowntripboat.com 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. bagenalstowntripboat.com accepts no responsibility for such items. However, Boat Trips 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 BoatTrips.ie to guarantee the return of the item. Therefore, bagenalstowntripboat.com 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. bagenalstowntripboat.com accepts no responsibility in this regard whatsoever.
Passenger BehaviourPassengers must at all times obey the instructions of the Skipper, Crew member or Employee of bagenalstowntripboat.com. 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 onboard is not permitted, with the exception of boarding and disembarking the boat.
Wearing of LifejacketsAll 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 Boardbagenalstowntripboat.com 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 bagenalstowntripboat.com, its safety rules, or the instructions of the Skipper/Captain or crew members. In such an event, BoatTrips.ie will not be required to refund the fare or part of and the financial deficit will be bore solely by the passenger. In addition, BoatTrips.ie will be entitled to recover from them any costs or expenses incurred by it, its representatives or crew members.
Assumed RiskPassengers 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 BoatTrips.ie from all claims of negligence or other, whatsoever. In particular, boattrips.ie 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 MajeureIn the case of a Force Majeure event, bagenalstowntripboat.com 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 & ConditionsFrom time to time, the Terms and Conditions may be changed by bagenalstowntripboat.com without notice. Any changes will come into effect upon publication.
WaiverIn 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 James Lakes or bagenalstowntripboat.com 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 bagenalstowntripboat.com 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 BoatTrips.ie 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 BoatTrips.ie and where such intellectual property does not automatically vest in bagenalstowntripboat.com , 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 bagenalstowntripboat.com 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 bagenalstowntripboat.com 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.
Introduction1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
2. We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
3. We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them and will not accidentally fall into the hands of a third party.
4. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
5. Our policy complies with Ireland law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
6. The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided in our GDPR Policy.
7. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
The bases on which we process information about you:
The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.
If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.
If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
1. Information we process because we have a contractual obligation with youWhen you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
• verify your identity for security purposes
• sell products to you
• provide you with our services
• provide you with suggestions and advice on products, services and how to obtain the most from using our website.
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
2. Information we process with your consentThrough certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.
Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists. You may withdraw your consent at any time by contacting James via email email@example.com However, if you do so, you may not be able to use our website or our services further.
3. Information we process for the purposes of legitimate interestsWe may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do after having given careful consideration to:
• whether the same objective could be achieved through other means
• whether processing (or not processing) might cause you harm
• whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so
For example, we may process your data on this basis for the purposes of:
• record-keeping for the proper and necessary administration of our business
• responding to unsolicited communication from you to which we believe you would expect a response
• protecting and asserting the legal rights of any party
• insuring against or obtaining professional advice that is required to manage business risk
• protecting your interests where we believe we have a duty to do so.
4. Information we process because we have a legal obligationWe are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.
For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order. This may include your personal information.
5. Information provided on the understanding that it will be shared with a third partyOur website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.
• 5.1. posting a message our forum
• 5.2. tagging an image
• 5.3. clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks
In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it. We do not specifically use this information except to allow it to be displayed or shared.
Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.
Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make contact at firstname.lastname@example.org
6. Complaints regarding content on our websiteOur website is a publishing medium. Anyone may register and then publish information about himself, herself or some other person.
We attempt to moderate user generated content, but we are not always able to do so as soon as that content is published.
If you complain about any of the content on our website, we shall investigate your complaint.
If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.
Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.
If we think your complaint is vexatious or without any basis, we shall not correspond with you about.
7. Information relating to your method of paymentPayment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it. At the point of payment, you are transferred to a secure page on the website of a reputable payment service provider [Stripe]. That page may be branded to look like a page on our website, but it is not controlled by us.
8. Job application and employmentIf you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date. If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
9. Sending a message to our support teamWhen you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.
We record your request and our reply in order to increase the efficiency of our business.
We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.
10. ComplainingWhen we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
11. Affiliate and business partner informationThis is information given to us by you in your capacity as an affiliate of us or as a business partner.
It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.
The information is not used for any other purpose. We undertake to preserve the confidentiality of the information and of the terms of our relationship. We expect any affiliate or partner to agree to reciprocate this policy.
12. CookiesCookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.
• 12.1. to track how you use our website
• 12.2. to record whether you have seen specific messages we display on our website
• 12.3. to keep you signed in to our site, if applicable
• 12.4. to record your answers to surveys and questionnaires on our site while you complete them
• 12.5. to maintain items in your Shopping Cart as you navigate the site
13. Personal identifiers from your browsing activityRequests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
14. Our use of re-marketingRe-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advert for our products or services when you visit some other website.
15. Credit referenceTo assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.
16. Data may be processed outside the European UnionOur website is hosted in Ireland.
We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business. Accordingly, data obtained within Ireland or any other country could be processed outside the European Union. For example, some of the software our website uses may have been developed outside the European Union.
17. Access to your personal informationAt any time, you may review or update personally identifiable information that we hold about you, by signing in to your Account on our website.
To obtain a copy of any information that is not provided on our website you may send a request to email@example.com.
After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
18. Removal of your informationIf you wish us to remove personally identifiable information from our website, you may send a request to firstname.lastname@example.org This however may limit the service we can provide to you.
19. Verification of your informationWhen we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
20. Use of site by childrenWe do not sell products or provide services for purchase by children, nor do we market to children. If you are under 18, you may use our website only with consent from a parent or legal guardian, otherwise you must leave our website immediately.
21. How you can complainIf you are not happy with our Privacy Statement or if have any complaint then you should contact email@example.com.
If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Data Protection Commissioner.
22. Retention period for personal dataExcept as otherwise mentioned in this Privacy Statement, we keep your personal information only for as long as required by us:
• to provide you with the services you have
requested; • to comply with other law, including for the period demanded by our tax authorities;
• to support a claim or defence in court.
23. Compliance with the lawOur Privacy Statement has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you. Please contact firstname.lastname@example.org However, ultimately it is your choice as to whether you wish to use our website.
24. Review of this Privacy StatementWe may update this Privacy Statement from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records. If you have any question regarding our Privacy Statement, please contact email@example.com.
25. CreditThis Privacy Statement is based upon and created using a Net Lawman template.
Understand Your Privacy RightsCitizens in the United Kingdom and countries within the European Union have legal rights in respect of how personal data about them is collected, stored, used or otherwise acted on by businesses and organisations.
Net Lawman has condensed the law into a short, easy to read guide about how the law protects your personal data. It aims to help you understand your rights and the legal obligations that business and organisations that process and control your data have to you.
Use of this guide to discharge obligations to notify you of your rightsOne of the legal obligations of businesses and organisations that handle your personal data is to tell you about your legal rights.
This microsite provides a guide to your legal rights regarding the processing of your personal data. If you’ve been referred to it from another website, then the owner of the website that you were previously visiting is meeting their obligation to inform you of your rights under the accountability principle.
The Data Protection Act and the General Data Protection RegulationThe General Data Protection Regulation (known more commonly as the GDPR) came into force in May 2018 across all European Union Member States. Regulations binding acts that apply to all Member States without requiring a separate act of parliament to be passed in each.
Although it is a Regulation, the GDPR was written with the intention that it would be supplemented by additional law enacted by each Member State. The Data Protection Act is an act of parliament that further strengthens protection for individuals and gives data processors and controllers more extensive obligations. The same name has been used for entirely separate legislation in the UK and in the Republic of Ireland.
Since 1 January 2021, post Brexit, the GDPR no longer applies in the UK. However, the Data Protection Act 2018 (the ‘UK DPA’) does. Since the UK DPA is UK law and not EU law, it continues to apply even though the UK is no longer a member of the European Union.
Scope of the LawThe following pages of this microsite explain when data protection law applies.
If you supply a privacy notice offline (for example, as a schedule to a contract) then you can still refer your data subjects to this microsite in order to discharge your obligations to inform them of their rights.