Booking Terms and Conditions
The following definitions and rules of interpretation shall apply in these conditions. “Contract" means the contract between Atlantic Powerboating, its subsidiaries, subcontractors and the customer for the provision of services. “Customer/Participant" means any person, company, firm or any other legal entity, including any employees, agents or subcontractors which places an order or purchases a service from Atlantic Powerboating. "Service" means any course, product, service or facility offered by Atlantic Powerboating to the customer.
Application of Terms
These conditions are the only conditions upon which Atlantic Powerboating is prepared to deal with the customer. Booking places cannot be provisionally booked. Once you have decided on your course and its dates, please make the appropriate payment. Bookings cannot be accepted without the appropriate payment. A booking is not definite until confirmed by Atlantic Powerboating.
Full payment is due prior to commencement of a course.
All cancellations made by the customer must be made in writing and submitted via email, post or text. In the event of a cancellation, the deposit tendered by the customer is forfeited. If the customer cancels the booking within one week of the course commencement date the entire fee tendered is forfeited. Atlantic Powerboating reserves the right to cancel any booking at any time without prior notice where we believe on reasonable grounds that this is necessary due to unsuitable conditions. Cancelling a booking should not be confused with the need to reschedule a session due to weather. Where a session is rescheduled, this does not count as a cancellation. Non-attendance at a course or leaving during a course will result in the entire fee tendered being forfeited.
Safety is of paramount importance on all of Atlantic Powerboating’s courses. Water sport activities are, by their very nature hazardous and customers and their guardians must accept that there are risks and the inevitable bumps and scrapes. The customer must comply with all safety and general instructions given by Atlantic Powerboating staff and its instructors.
Customers participating in courses at Atlantic Powerboating must expect to be involved in adventurous and strenuous activity. Customers must be in general good health and must satisfy themselves that the activity is within their abilities. The customer must make a true and accurate declaration of their health when booking and must make Atlantic Powerboating aware of any medical conditions they have. Atlantic Powerboating reserves the right to refuse a booking on medical grounds. Customers should also be aware that Atlantic Powerboating operates a strict no smoking policy on any vessel and inside any premises where courses are taking place.
The customer will permit for basic First Aid to be administered by a suitably qualified member of staff where considered necessary or by a qualified medical practitioner. The customer authorises a qualified medical practitioner to provide emergency treatment or medication if necessary.
If the customer encounters an issue with regard to the services being provided by the Atlantic Powerboating, they should notify the Atlantic Powerboating Manager immediately in writing. Atlantic Powerboating will endeavour to resolve a problem as soon as possible.
Atlantic Powerboating endeavours to complete the activity in a wide range of weather conditions. Unfortunately, we are not for safety reasons able to operate in certain wind and weather conditions. We cannot take responsibility for the weather conditions on the day and cannot make refunds for course time lost due to weather. We endeavour to arrange an appropriate catch-up session for this where possible.
Customers are required to have consideration for others at Atlantic Powerboating. If, in Atlantic Powerboating’s reasonable opinion, the customer or any member of their party is behaving or likely to behave in such a way as to cause danger, upset or distress to any third party or damage to property, Atlantic Powerboating is entitled without prior notice to expel the customer immediately. No refunds will be made, and customers are liable for any damage caused.
The copyright and all other intellectual property rights in the products and services shown in Atlantic Powerboating presentations, notes, brochures, website and other materials shall at all times remain the property of the Atlantic Powerboating. Material may not be copied, reproduced or formatted in any way without express written consent from the manager of Atlantic Powerboating.
Photographs taken on Atlantic Powerboating courses may appear in our brochures, website, social media and marketing materials. If a customer does not wish to be photographed this should be raised with the Atlantic Powerboating Manager in writing.
Personal information requested by Atlantic Powerboating at the time of booking or any subsequent information is held in its original form and on computer. Atlantic Powerboating is the Data Controller for the purposes of the Data Protection Act 1988 and will process your data in accordance with the act. Atlantic Powerboating will not divulge your information onto Third Parties, except where stated at point of collection. This is limited to Irish Sailing and Checklick (for certificate registration purposes). By providing us with your information to process a booking, you agree that your personal information can be
1) held and accessed by Atlantic Powerboating’s authorised staff.
2) used to contact you in the future either by email or post to send you e-news and general information.
3) used by relevant external organisations (e.g. Irish Sailing, Checklick) to contact you.
You can exercise the right to opt out of e-news by sending an email to email@example.com
Circumstances Beyond our Control
Atlantic Powerboating shall have no liability to the customer under the contract if it is prevented from or delayed in performing its obligations under the contract or from carrying on its business directly or indirectly by any acts, events, omissions or accidents beyond its reasonable control, unusually severe weather or default of suppliers or subcontractors.
Atlantic Powerboating reserves the right to provide craft other than those specified at time of booking.
Rights of Third Parties
A person who is not a party to this agreement (except where applicable) shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
The customer will release Atlantic Powerboating, its officers, directors, employees, volunteers, agents and sponsors from any liability no matter how arising with his / her attendance, play and transportation related there.
Please do not leave any valuables on the premises where we operate as we cannot accept responsibility for the security of these items if left on premises.
These Terms and Conditions will be governed by and construed in accordance with the laws of Ireland and you hereby submit to the exclusive jurisdiction of the Irish Courts. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.
Atlantic Powerboating reserves the right to amend the Terms and Conditions at any time. Since you are bound by these Terms and Conditions, you should periodically refer to them in this document and elsewhere in Atlantic Powerboating material. The website and booking forms will specify the latest date on which the Terms and Conditions have been amended.
Understanding of Terms and Conditions
Atlantic Powerboating’s acceptance of any booking will only be done subject to your acceptance of these conditions. Completion of this booking form, payment of a deposit and /or a consent signature of the customer (parent / guardian if under 18 years) will be regarded as evidence of and consent to these conditions.
Revised June 2022