Terms and Conditions of Business Policy

The following Booking Conditions, together with the General Information contained on our websites, www.kerryaquaterra.ie or www.kerrydarkskycruises.com and our brochures, form the basis of your contract with Kerry Aqua Terra Ltd., Jane Street, Knightstown, Valentia Island, Co. Kerry, Ireland (“Kerry Aqua Terra Ltd.”). Please read these Booking Conditions carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we will assume that you have had the opportunity to read and therefore have read these Booking Conditions, and consequently that you agree fully to the Booking Conditions.

Except where otherwise stated, these Booking Conditions only apply to tour arrangements which you book with us or through an approved agent, whereby you receive an official Kerry Aqua Terra Ltd. booking confirmation. All references in these Booking Conditions to “booking”, “contract”, “package”, “tour” or “arrangements” mean such tour arrangements, unless otherwise stated.

In these Booking Conditions, “you” and “your” refers to all persons (“Clients”) named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “We”, “us” and “our” refers to Kerry Aqua Terra Ltd.

By purchasing, attending or following any of our tours, you hereby consent to having read, understood and agreed to follow our terms and conditions of business, in particular maintaining good behaviour towards your fellow guests, Kerry Aqua Terra tour guides and any members of the public or those sharing amenity sites with our tours.

Making your booking

The first named person on the booking (“party leader”) must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking and by their parent or guardian for all members who are under 18 when the booking is made. By making a booking, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. The party leader is responsible for making all payments due to Kerry Aqua Terra Ltd. The party leader must be at least 18 when the booking is made.

Subject to the availability of your chosen arrangements, we will confirm your tour by issuing a confirmation invoice.
The confirmation invoice will be sent to the party leader via email or to an agent acting on their behalf i.e., hotel concierge, accommodation provider reception email address, or another agreed contact person. Please review this carefully as soon as you receive it. Contact us immediately if any information on the confirmation, acknowledgement or any other document appears to be incorrect or incomplete as it may not be possible to make changes at a later time. We regret that we cannot accept any liability if we are not notified of any inaccuracies in any confirmation or document within 24 hours of you receiving it. We will do our best to rectify any mistake notified to us outside the 24 hour time limit but you are obligated to meet any costs involved in doing so.

Age and Fitness

All Clients must satisfy themselves prior to booking that they are fit and able to complete the itinerary of their chosen tour as described in our company’s brochures.

Behaviour

It is your responsibility to ensure that you and the members of your party do not behave in a way that causes offence or danger to others or risks damage to property belonging to others. In such circumstances all suppliers (e.g. hotel managers, amenity managers, boat captains) and the Company have the right to terminate arrangements made on your behalf, in which case Kerry Aqua Terra Ltd’s responsibility to you as our Client ceases immediately. Therefore, we will not be liable for any refunds, payment of compensation or reimbursement of any cost or expenses incurred as a result. Further, you will be liable to reimburse to us for any expenses incurred as a result of such behaviour.

Payment of Services

Due to the complex planning, logistics, and ticket issuing that goes into tour arrangements, Kerry Aqua Terra Ltd. cannot guarantee any tour without full payment upfront upon checkout. Please verify that the service(s) and cost(s) displayed in your shopping cart or as notified in your confirmation invoice are correct before finalising payment.

Please note that tickets purchased from someone other than an authorised travel agent / hotel / tourist information provider will not be valid on board our tours or boats.

Cruise Ship Group Tour Bookings

All cruise / expedition ship tour booking payments must be made in full 6 months prior to arrival. Deposits are accepted up to 18 months in advance to hold services and anchorage availability.

Cancelation and Amendment Policy

In order to provide the highest level of service with top guides and guaranteed tour departures, cancellations or amendments may be subject to fees. The below policy applies to all group and private tours listed and booked through our website (www.kerryaquaterra.ie) or through a customer service agent via telephone or email correspondence.

Group Tours and Activities:

  • Cancellations received more than 48 hours prior to tour commencement are fully refundable.
  • Cancellations received within 48 hours of tour commencement are nonrefundable.
  • Amendment requests are subject to availability, and price changes and corresponding charges may apply.

Private Tours and Activities:

  • Cancellations received more than 4 days prior to tour commencement are fully refundable.
  • Cancellations received within 4 days of tour commencement are nonrefundable.
  • All amendments made to private tours may be subject to an administrative fee of up to 20%.

Late Arrivals and No Shows:

  • Late arrivals and no shows are nonrefundable. This is applicable to any tour participant that fails to arrive, or arrives after tour departure.

Weather

Our tours are always subject to suitable weather and sea conditions and can be cancelled or rescheduled at short notice depending on swell conditions, tides etc. In the event of cancellation due to unsuitable weather / sea conditions, the client’s money is refunded back to source through the booking system. We do not have access to any of the customer payment details.

Cruise Ship Group Tours

Should the tours be cancelled due to the onshore weather conditions, the above policy notes will apply. If the cruise ship is unable to enter the harbour to disembark guests to take part in a tour, the company will refund 80% of the entire tour cost. Cancellations 2 months or less before date of visit cannot be refunded due to the extensive planning and arrangements required to host such visits.

Changes to this Policy

From time to time, the terms of this policy may change at the Company’s discretion. In the event of such changes, the new policy will apply for all tours booked after the date and time of the policy change. For further questions about our cancellation policy, please feel free to e-mail us at info@kerryaquaterra.ie.

There is a good chance we’ve answered your question on our FAQ page, but if not, the best way to contact us for non-urgent matters is by email at info@kerryaquaterra.ie. Our team will get back to you within 24 hours with a full response.

Responsibility of the Company

The tours operated or supplied by the Company have been designed to provide participants with an exposure to the true nature of the environment visited and therefore involve an element of risk and exposure to potential hazards over and above those associated with normal “package” tours. All bookings are accepted on the understanding that you appreciate such risks and hazards and that you are undertaking all tours at your own volition. For group tours, the specific itinerary, inclusions and additional information related to is detailed in the tour specific trip notes.

Brochure(s), advertising and website content

We take reasonable care to ensure the accuracy of the information contained in our brochures and on our website. However, content is subject to change, often due to the actions of our suppliers (e.g., airlines, hotels, activity providers, hire companies etc). We will endeavour to notify you of any change known to us that may affect your tour prior to issuing you with your booking confirmation, and subsequent to this, as soon as we are notified by our suppliers of any changes. We are not responsible for the content, policies and services of any sites linked to or accessible via the Kerry Aqua Terra Ltd. website.

Complaints

If a Client has a complaint about any of the tour arrangements, you must bring it to the attention of the tour leader or other representative of the Company at the time so that they may use their reasonable endeavours’ to rectify the situation as soon as possible. Failure to complain at the time will affect your ability to claim compensation from the Company. Should the problem remain unsolved a complaint must be made in writing to the Company within a reasonable time period of not more than 3 months after the completion of the tour.

Disclaimer

While Kerry Aqua Terra Ltd. makes every effort to provide on-time service, it does not guarantee its departure and arrival times, which may be delayed by any number of factors, including weather, traffic or road conditions, mechanical problems or any other cause or condition beyond Kerry Aqua Terra’s control. Kerry Aqua Terra Ltd. reserves the right to cancel or change any tour, advertised schedule or route without notice.

Kerry Aqua Terra Ltd. assumes no liability or responsibility for injury, loss, or damage to persons or property, inconvenience, delay, or expense arising from or caused by weather conditions, acts of God, war, accident, government restrictions or regulations, from an act or omission of any individual, traffic or road conditions, mechanical problems or any other cause or condition beyond Kerry Aqua Terra Ltd.’ control. Fares are subject to change without notice. Kerry Aqua Terra Ltd. is not liable for lost, stolen or destroyed tickets. Tickets are non-refundable.

Kerry Aqua Terra Ltd. reserves the right, without refund of any portion of ticket purchase price, to refuse admission to or eject any person whose conduct is disorderly, who uses vulgar or abusive language or fails to comply with the rules, terms and conditions applicable to guests on the tour. If you witness disorderly conduct or suspect a problem with a fellow passenger please notify your Kerry Aqua Terra tour guide.

By presenting a valid Kerry Aqua Terra ticket or a ticket issued by a certified agent on our behalf for admission, you hereby consent to Kerry Aqua Terra Ltd. use of your voice, image or likeness incidental to any video and/or audio-recorded program or photograph of the tour for any and all purposes without compensation to you. Any person under the age of 13 must be accompanied by a person at least 16 years of age or older at all times.

The use or consumption of alcohol products is strictly prohibited on our tours. Irish law prohibits smoking in any public buildings or places of work including vehicles. Video and audio recording of our tour guides on any tour is strictly prohibited. Kerry Aqua Terra tours are generally walking, medium to high intensity tours. They are therefore unsuitable for those with mobility restrictions.

We thank you for taking time to read our Terms and Conditions which are in place to ensure both you and we have an enjoyable and unforgettable tour experience.