Terms

a) Shanakee is the trading name of Shanakee adventures
Limited having its registered office at Ita House, Stonepark,
Dromahair, Co. Leitrim, Republic of Ireland and which is
incorporated in Ireland with limited liability. Company
registration number ————.

Under the following Terms and Conditions:

a) The ‘client’ is the person or persons who has/have made a
confirmed booking with Shanakee.
b) Your statutory rights are not affected within Terms and
Conditions.

Booking confirmation
1.1 A booking is confirmed by Shanakee, only when we, or our
agent have either received a 50% 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.

1.2 On receipt of payment as detailed above, subject to
availability and at our discretion, Shanakee will reserve the
client a place on a trip. A contract is only made between the
client and Shanakee upon the confirmation of your booking and
our communication thereof to either you or our travel agent.

1.3 It is a condition of your booking being accepted that each
client signs (or has signed on his behalf if under 18) our waiver
of liability, a copy of which will be forwarded to you on booking
and which must be signed and presented to your Shanakee
Representative at the commencement of your tour. Failure to
sign a waiver will result in the client’s booking being treated as
having been cancelled by you and we reserve the right to
impose the cancellation fees described in this agreement.

Insurance

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

2.2 Shanakee 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. Shanakee reserves the right to
refuse admission to a passenger if the client has not arranged
appropriate insurance. Shanakee accepts no responsibility for
loss or personal damage to personal belongings or liability for
personal injury/death.

Cancellation policy

3.1 Cancellation of a client’s booking must be notified in writing
to Shanakee. Cancellation charges are calculated on the day
when written notification is received by Shanakee. The Table
below shows the number of days before departure dates that
Shanakee 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 Shanakee Tour.

Days Notice % Refund

Deposit Non-Refundable
Over 60 Days 50%
60-31 Days 35%
Under 30 Days 0%

3.2 Once the tour has started, no refunds will be made under
any circumstances for any unused sectors or sections.

3.3 If the reason for the client’s cancellation is covered by the
client’s insurance policy, the client may be able to make a claim
under that policy, this is entirely a matter between the client and
their insurer.

3.4 If the client wishes to change to an alternative departure
date, this must be done with a minimum of 30 days notice. One
change of date is allowed free of any charge by Shanakee; any
subsequent changes will be subject to a €40 administration fee.
Any charges or non-refundable deposits which have been paid
to third party suppliers are payable by the client in these
circumstances.

Reservations

4.1 It is the full responsibility of the client to check the accuracy
of the dates booked upon receipt of their travel documents.

Changes by Us

5.1 Any increase in price will be notified to Shanakee agents,
and on our website.Shanakee will endeavour to remove all out
of date promotional material.

5.2 Shanakee reserves the right to reduce the price of any of
our tours. The final price applicable will be confirmed to the
client before the client makes a booking.

5.3 Shanakee itineraries are deliberately flexible and if possible
the requirements of individual groups and clients will be
facilitated. Shanakee reserves the right to vary, modify or
cancel any itinerary, either partly or wholly. Itineraries published
are sample itineraries only and may be amended without notice.
Shanakee also reserves the right to use alternative vehicles to
those advertised in the brochure.

5.4 In the event of cancellation of a tour by Shanakee,
Shanakee 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 Shanakee.

5.5 If access to any country or area is prohibited for reasons
beyond Shanakee’s control the client will be entitled to a refund
only if Shanakee cannot offer substitute services of an
equivalent standard. The amount of the refund will be calculated
pro-rata based on the total number of tour days and the number
of tour days already travelled.

Tickets

6.1 Tickets can only be used by the client to whom the ticket
was issued; no other person can use the ticket in any
circumstances.

6.2 The ticket must be produced at any time at the request of a
Shanakee Representative, and the client may also be asked to
produce valid photo identification.

Touring

7.1 The client must observe the laws and regulations of the
countries visited, including customs and foreign exchange
restrictions. If the client does not, they may be asked to
surrender their Shanakee ticket which may be cancelled without
refund.

7.2 In the interest of safety there may be times when the
Shanakee 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 Shanakee
representative. If the client does not comply with the Shanakee
representative and is not compatible with the general enjoyment
and well being of the other members of the tour, Shanakee
reserves the right to exclude the client from continuing the tour.
In such a case, Shanakee will not be liable for any refund,
compensation or any additional costs incurred by the client.
Shanakee cannot accept responsibility for the behaviour of
others on tour or for any activities that are curtailed as a result.

 

Tour Details and Conditions

8.1 Shanakee adventures are physically active, with varying
levels of demands and fitness requirements depending on the
specific itinerary and duration of the tour. By booking your tour
you represent that you do not have any physical or other
conditions that would create a hazard for you or other
Participants or affect other people’s enjoyment of the tour. If you
have a physical or medical condition, dietary restriction, or other
condition that will require special attention during the tour, you
must inform us in writing when the booking is made. We may
require a medical certificate if you have a special condition. We
reserve the right in our sole discretion to accept, decline, or
remove anyone from a tour (at departure or during the tour) who
we judge to be incapable of meeting the tour’s physical
demands. You must complete a waiver as detailed above
before commencement of the tour confirming your
understanding of these circumstances and confirming your
physical and medical condition. Please be aware in this regard
that participation in each individual activity is a matter for the
client on a day to day basis during the tour. If you do not want to
participate in a particular activity, please let the Shanakee
Representative know.

8.2 Shanakee assumes no responsibility for any medical care
provided to you. You agree to assume all costs of medical care
and related transportation that are provided to you during the
tour.

8.3 The client is responsible for all travel arrangements and
costs to/from the point of commencement/conclusion of the
tour.

8.4 It is the responsibility of the client to ensure they have a
valid passport and all visas, permits and certificates required for
your selected tour, as well as any vaccinations and to comply
with all applicable laws.

8.5 The client agrees that Shanakee may take photographs and
films of the client while on the tour and that these may be used
in Shanakee brochures and/or advertising without obtaining
further consent or payment in respect of such photographs or
films.

8.6 Should the client have a complaint in respect of the tour,
they should inform the Shanakee representative during the
course of the tour. If the matter cannot be resolved after the
representative’s best endeavours to do so during the tour, the
client’s complaint should be made in writing within 28 days
thereof so that it can be investigated. Any claims made after the
28 days period will not be considered by Shanakee. If the client
chooses to write to Shanakee via the Internet, please include a
home address to reply to in writing. Please note that if you
attempt to address a situation on your own without using this
notice procedure, you assume responsibility for any added
costs you may incur and forfeit any potential refunds.

8.7 The contract and all matters arising in respect hereof shall
be subject to Irish law and the jurisdiction of the Irish Courts,
unless we agree otherwise in writing.

8.8 If any provision of these terms and conditions is held invalid
or unenforceable by any court of competent jurisdiction, that
provision shall be deemed to be re-written to give effect to the
same purpose within the permitted limits of the law. The validity
and enforceability of the other provisions shall not be affected.

8.9 If the client is unsuccessful in any legal action instituted
against us, the client agrees to pay all our costs, including, but
not limited to, legal costs.

8.10 Clients must be aged 18 years and over but Shanakee
may, at its absolute discretion, and in exceptional
circumstances, give confirmation of acceptance of a person
outside this age restriction, subject to the signing of a waiver on
behalf of the client by a parent or guardian and any other
conditions that Shanakee may deem appropriate.

8.11 You agree that the sole remedy for any default by
Shanakee arising under this agreement shall be the return of
the paid tour cost. To the maximum extent permitted under
applicable law, Shanakee shall not be liable for any special,
consequential, indirect, incidental or other damages arising out
of or in any way connected to this agreement, including lost
profits, whether such damages arise in contract, negligence,
tort, under statute, in equity, at law or otherwise, even if
Shanakee has been advised of the possibility of such
damages. You expressly waive any right you may have to
recover such damages.

8.12 Pets are not allowed on Shanakee tours. If you need to
bring a service dog, Shanakee must be notified before you book
your tour. Shanakee may not be able to accommodate this
request due to accommodation restrictions and considerations
of other passengers.

8.13 For people with mobility issues, our mini coaches are not
wheelchair accessible so you must be able to get on and off the
coach unaided or have someone come on tour to help you.
Weather Conditions & Force

Majeure
9.1 The client accepts that certain activities and aspects of
Shanakee tours are weather dependent and that under no
circumstances can Shanakee be held responsible for weather
conditions.

Shanakee will not be deemed in breach of these terms and
conditions or otherwise liable to you, by reason of delay in
performance or nonperformance of any of its obligations under
these terms and conditions to the extent that any such delay or
nonperformance is due to any Force Majeure. “Force Majeure”
means any circumstances beyond the reasonable control of
Shanakee, 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, labor strikes, requisition, sickness,
quarantine, government intervention, weather conditions,
volcanic ash clouds and unforeseen circumstances.

If Shanakee and/or any of its Suppliers are affected by Force
Majeure, they shall be entitled to, and may in their sole
discretion, vary or cancel any itinerary or arrangement in
relation to the tour. Regarding civil unrest, once Shanakee has
investigated the prevailing situation, as it deems fit, it shall
remain in Shanakee’s sole and absolute discretion whether to
commence or proceed with a tour.

In the event that a tour has to be cancelled due to Force
Majeure then the client will be offered an alternative tour at no
extra cost. If this is not possible then the cancellation policy at
paragraph 3 above will be applied.

No Smoking Policy

10.1 Shanakee operates a no-smoking policy on all its vehicles.

General
11.1 The booking conditions detailed herein together with the
Waiver of Liability contain the entire contract between the client
and Shanakee. No representation, term, warranty or condition
can be expressed or implied by reference to any other writing,
advertisement or conversation. This contract may only be varied
in writing by a duly authorised Director of Shanakee.

11.2 The client’s contract is with Shanakee as the tour
operating company. At any time and at Shanakee’s discretion,
we may nominate to the client in writing any other company or
person to have the benefit of some or all of those provisions of
this contract, which Shanakee may then specify, as if the client
had agreed the provisions directly with that company or person
in the first place as well as agreeing them with Shanakee.
Shanakee may, at its complete discretion assign all or any
rights and liabilities arising under or by virtue of this or any other
contract with the client.

11.3 All bookings with carriers and other service providers
(including but not limited to providers of accommodation,
activities and food) 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. Whilst Shanakee 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, Shanakee
will give every assistance to the client in helping to resolve any
reasonable dispute.

11.4 Many accommodation arrangements referred to in the
brochure are provided independently by third party
accommodation providers. Such arrangements are subject to
the terms and conditions and limitations of liability imposed by
those providers, and as such any contracts are undertaken
directly between you and the third party accommodation
provider. All such arrangements are made independently of
Shanakee, regardless of any help and assistance which
Shanakee may provide in securing such arrangements.
11.5 Many activity and outdoor pursuits arrangements referred
to in the brochure are provided independently by third party
activity and outdoor pursuits providers. Such arrangements are
subject to the terms and conditions and limitations of liability
imposed by those providers, and as such any contracts are
undertaken directly between you and the third party activity and
outdoor pursuits provider. All such arrangements are made
independently of Shanakee, regardless of any help and
assistance which Shanakee may provide in securing such
arrangements.

11.6 Please note that no airline, carrier or third party service
provider depicted or recommended in the brochure, by virtue of
their endorsement of this brochure, represents themselves
either as contracting with or having any legal relationship with
Shanakee.

11.7 Every effort is made to ensure brochure accuracy at the
time of going to print, however Shanakee cannot be held
responsible for printing and typographical errors, or errors
arising from unforeseen circumstances.

Validity
12.1 All Shanakee tours are operated by: Shanakee adventures
Limited, Ita House, Stonepark, Dromahair, Co. Leitrim, Republic
of Ireland. Registered in Ireland.

12.2 These terms and conditions are valid for all reservations
made through 2018, 2019 and 2020.

Updating of Terms and Conditions

13.1 Shanakee reserves the right to update and/or alter these
terms and conditions at any time. It is your responsibility to be
familiar with these terms and conditions.