In this Booking Form the word “Organiser” means Rugby Academy Ireland Limited (RAI), trading as Rugby Academy Ireland, having its registered office at Emo Court, Emo, Co. Laois, Ireland, Company Registration Number 623831. “Consumer” means you, the person who takes or agrees to book a RAI programme or any person on whose behalf you agree to purchase the RAI programme and who is listed on the Booking Form.
1. THE CONTRACT
(A) BOOKINGS: No contract shall arise until the Organiser issues you with a Booking Reference Number.
The terms of the contract between the Consumer and the Organiser are contained solely in this Booking Form, the Organiser’s confirmation, the Organiser’s brochure or other descriptive material.
(B) The Organiser reserves the right to terminate the contract with the Consumer if the behaviour or conduct of the Consumer during the programme is likely to endanger the safety or well being of other Consumers in his company or that of the Consumer him/herself, the Organiser, or that of the Organiser’s representatives, contractors, agents or employees and the cancellation charges are payable by the Consumer. Further, where, as a result of the Consumer’s actions or the actions of any other person who is listed on this Booking Form if the following incident occurs: the accommodation in which the Consumer is staying is damaged; the Consumer, hereby agrees to indemnify the Organiser against any claim (including legal costs) made against the Organiser in relation to the occurrence of such incidents.
2. SPECIAL REQUESTS
Special requests shall be communicated by the Consumer in writing to the Organiser or Retailer at the time of making the booking. The Organiser shall use reasonable endeavours to fulfil such requests. The granting of such requests is the sole responsibility of the property management. No liability shall attach to the Organiser for failure to comply with a special request and such requests do not form part of the contract.
3. CONSUMER RESPONSIBILITIES
a) The Consumer accepts that any participant under the age of 18 years must have the explicit permission of his/her parent or guardian before being able to take part in any activity/course offered by the Organise. The Consumer acknowledges that he/she is aware of and accepts in full the risks involved in the programme activities
b) The Consumer understands that to partake in the Full Time Academy programme delivered by the Organiser, the booking process must be followed in full: Application, Interview, Registration, Payment and Confirmation.
c) The Consumer acknowledges the requirement that the information provided by him/her in the application process is true and correct
d) The Consumer understands that the Organiser can cancel the booking at any stage if it is found that if any information provided is untrue, or if other aspects the Organisers code of conduct and policies as set forth are not followed
e) The Consumer understands that to partake on programmes provided by the Organiser that a certain level of fitness is required and it is up to him/her to inform the Organiser of any and all relevant illnesses or medical conditions as part of the registration process and in advance of any programme activity which is unsuitable for a participant suffering from such a condition
f) The Consumer accepts that certain activities have an element of danger and is fully aware of this risk before taking part in such programme activities of their own free will. Risks include physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent paralysis and/or death, and the Consumer accepts all related risks in voluntary participating in such programme activities.
g) The Consumer agrees to be bound by the safety regulations of any venues used by the Organiser and of the Organiser themselves, in particular agreeing to wear appropriate safety equipment as required for specific activities, following all instructions by staff working for the Organisers and not being under the influence of alcohol or drugs when participating in the programme activities.
h) The Consumer accepts and authorises the Organiser, in the event of him/her requiring medical treatment, to get appropriate medical assistance, accepting the responsibility for the cost of any such action.
i) The Consumer accepts responsibility for the safekeeping of equipment provided by the Organiser for specific programme activities and with the exception of standard wear and tear, the Organiser reserves the right to charge the Consumer for any equipment that has been lost or damaged as part of misuse by the Consumer.
j) The Consumer shall check all documentation immediately it is furnished to him/her. If the Consumer considers any document to be incorrect or has a query in relation to its contents, he/she shall forthwith notify the Organiser of his/her concern and the Organiser shall respond as soon as possible.
k) The Consumer hereby agrees that he/she shall abide by all instructions or directions given by a member of the Organiser’s staff and hereby agrees to indemnify the Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumer’s failure to act in accordance with any such direction or instruction.
l) It is also the sole responsibility of the Consumer to ensure that he/she looks after his/her possessions.
The Organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser or Retailer acting on the Organiser’s behalf because:
a) the failures which occur in the performance of the contract are attributable to the Consumer;
b) such failures are attributable to a third party unconnected with the provision of the services contracted for and are therefore unforeseeable or unavoidable or
c) such failures are due to (i) unusual and unforeseeable circumstances beyond the control of the Organiser, the consequences of which could not have been avoided, even if all due care had been exercised; or (ii) an event which the Organiser, even with all due care, could not foresee or forestall.
d) The Organiser will operate to the highest safety standards but cannot be held liable or responsible for damages, injuries or loss of possessions and Consumers are advised to obtain personal insurance for these occurrences. We strongly advise for valuable items to be left at home. Misbehaviour will result in the participant being suspended from the Academy; no refund will be given.
e) The organiser shall not be responsible for any minors left unsupervised outside the hours set out within the programme place purchased.
a) Without prejudice to the Consumer’s rights under Clause 7(b) below, if the Consumer wishes to make a complaint in relation to the course, he must immediately inform the Organiser’s representative at the location where the Consumer is when the complaint arises and shall if the Organiser requires, complete a form setting out the detail of the Consumer’s complaint.
b) The Consumer shall be obliged to notify the Organiser in writing of any complaint not later than 28 days after the programme is completed, no complaint received thereafter shall be entertained.
6. GOVERNING LAW & JURISDICTION
The terms of the contract (as provided for in Clause 1(a) of this Booking Form) are to be interpreted under and are subject to the laws of the Republic of Ireland and each of the parties hereby submits to the exclusive jurisdiction of the Courts of Ireland in regard to any matter arising from or touching upon this Agreement.
(A) Programmes excluding the Full Time Rugby Academy
Payment must be made in full at least 8 weeks before the scheduled programme start date or if the contract is made later than 8 weeks before the scheduled programme start date, it must be paid for in full on the completion of the Booking Form.
Cancellation for Non-Payment. If the programme is not paid for by the due date, the Organiser shall have the right to cancel the programme. If the Organiser, at the request of the Consumer agrees to delay cancellation of the programme, then if the Organiser subsequently cancels for non-payment, the cancellation charges set out in this Clause 9 shall apply and be payable by the Consumer.
12 weeks prior to the arrival, 30% of total costs
8-12 weeks prior to the arrival, 50% of the total costs
4-8 weeks prior to the arrival, 75% of the total costs
Within 4 weeks of the date of arrival, 100% of the total costs
All cancellation charges apply to each person covered by a booking.
(B) The Full Time Rugby Academy
Successful applicants will be expected to pay a 15% deposit of the full package fee on invoicing upfront, with the remaining total to be paid in equal instalments monthly in advance. Non-payment on 30 days standard terms may result the Consumer having their place withdrawn.
The Consumer accepts that in the event of their cancelling their own participation or the Organiser cancelling their booking for any material breach of contract terms, he/she will forfeit one month’s payment made in advance
a) Where the Consumer is prevented from proceeding with the programme booked, he/she may transfer his/her booking to a person who satisfies all the conditions required to be satisfied by the Organiser, having first given the Organiser reasonable notice in writing of his/her intention to do so before the programme start date (such notice shall not be less than 7 days prior to the start date) . The transferee of the Consumer must sign a Booking Form and comply with any other requirements of the Organiser applicable to the programme booking.
b) A Consumer who transfers a booking shall be jointly and severally liable with the transferee to the Organiser for payment of any balance due in respect of the programme.
9. ALTERATION BY THE CONSUMER
If, after acceptance by the Organiser, a Consumer wishes to alter a programme booking, the Organiser may do so at its discretion if practicable. A request for alteration must be made by the Consumer in writing to the Organiser. If the alteration is impracticable, the original programme booking arrangement shall continue to apply. No alteration by the Consumer shall be effective until such time as the Organiser issues written confirmation of acceptance of such alteration and the contract between the Organiser and the Consumer shall be thereby amended to include such alteration. If only some Consumers who are booked request a change in programme arrangements, which are found to be practicable, a price adjustment for all Consumers on the same booking may be payable and must be discharged on the date shown in the Organiser’s written confirmation of such change. If default is made by the Consumer in complying with the foregoing requirements, the Organiser shall have the right to cancel in accordance with Clause 9 and the cancellation charges as provided for in Clause 9.
10. ALTERATIONS AND CANCELLATIONS BY THE ORGANISER
a) Without prejudice to the Consumer’s statutory rights, the Organiser reserves the right to alter, change, curtail or cancel a programme
b) If as a consequence of “force majeure” defined as unforeseeable circumstances beyond the control of the Organiser, the consequences of which could not have been avoided even if all due care had been exercised or an event which the Organiser even with all due care could not foresee or forestall, including, Acts of God, natural disasters, adverse weather conditions, fire, strikes, industrial action, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser. The Organiser is obliged to curtail, alter, extend or cancel a programme, the Consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the programme.
c) A minimum number of bookings are required for a programme. The Organiser’s obligation to provide that programme shall be contingent upon the Organiser receiving and maintaining that minimum number of bookings. In the event that the Organiser does not receive the minimum number of bookings or having received such minimum number has that number reduced by reason of cancellations or transfers by the Consumers or otherwise, the Organiser shall be entitled to cancel or curtail the relevant programme at any time up to 4 weeks prior to the start date and the Consumer shall not be entitled to make a claim for loss arising as a consequence of cancellation or curtailment in these circumstances. The Organiser shall notify the Consumer within 7 days of any cancellation or curtailment necessitated by the foregoing circumstances.
11. DATA PROTECTION
As part of the Booking Process for all programmes offered by the Organiser, the Consumer will be asked to opt in to;
I. the use of their photo and videographic images by the Organiser for the promotional purposes
II. future marketing communications from the Organiser
Consumers will be in a position to change these preferences at any stage by clicking on relevant links in the marketing communications from the Organiser or by contacting the Organiser on firstname.lastname@example.org or by telephone on +353 45 897834