Legal

TERMS & CONDITIONS

PURPOSE AND SCOPE

This website (Website) is owned and operated by Clonwilliam House and, specifically, by its owners, Richard and Miriam Clune, (individually and collectively, Clonwilliam), and is made available to you on the terms and conditions set out hereunder (the Terms and Conditions).

Any person (a Client) who uses this Website and/or agrees to engage with Clonwilliam for the provision of any of the services described within it is deemed, by such use or such engagement, to accept and be bound by the Terms and Conditions. The Terms and Conditions are accordingly incorporated in full into any contract for the provision by Clonwilliam of any services described within this Website and will have the same validity and effectiveness as any contract concluded in writing and signed by the parties thereto.

LINKED WEBSITES

For Clients’ convenience, hyperlinks may be posted on this Website which link to other websites (the Linked Sites). Clonwilliam accepts no responsibility or liability for the content or operation of these Linked Websites or in relation to any information provided by any third party. Clonwilliam is not responsible for, and the above privacy statement does not apply to, the privacy practices of any Linked Sites or of any entities that we do not own or control. Linked Sites may collect information in addition to that which we collect. We do not endorse any of these Linked Sites or any third party, the services or products described or offered on such Linked Sites or by any third party, or any of the content contained on the Linked Sites or the websites of any third party.

THIRD PARTY SUPPLIERS

Clonwilliam may from time to time recommend or liaise with various third party service providers or suppliers on a Client’s behalf, including, but not limited to, caterers, food and beverage suppliers, wedding celebrants, spa and beauty treatment specialists, clay-pigeon and archery instructors, florists and wedding stylists, event equipment specialists, and other event industry specialists. With respect to all third party service providers or suppliers or other third parties (each, a Third Party Supplier), the Client engages, and contracts directly with, the Third Party Supplier and does so entirely at his/her own risk, and neither Clonwilliam nor Clonwilliam’s employees, partners, agents, suppliers, sub-contractors or representatives, or any of them, are responsible in any way to any extent for any loss, damage, or injury of or to any property or to any person arising from the booking or provision of any service or activity with, the purchase from or supply of any goods by, or the carrying out of any activity by, such Third Party Supplier.

In particular, Clients should be aware that activities such as clay-pigeon shooting and archery can be dangerous. Therefore, Clients should not embark on any such activity without first exercising due caution and should at all times ensure that all of their guests are aware of the risks and take all appropriate and reasonable care and personal responsibility in respect of the activity, particularly around children, the elderly and those with any disability or pre-existing injury of any kind.

SWIMMING POOL & SPA

Clients and their guests may, from time to time, enjoy the use of the swimming pool and related equipment and facilities including the hot tub, sauna, bar and gym at Clonwilliam House (together, the Pool). In consideration of making the Pool available for use by the Client and/or their guests, and in consideration of the use of the Pool by the Client and/or their guests, each Client agrees, and undertakes to ensure that each of their guests agree, on his/her own behalf and on behalf of any persons under 18 years in respect of whom he/she is parent, guardian or acting in loco parentis (together, the Pool Users), as follows:

► By using the Pool, each Pool User recognises and fully understands that the Pool is a private facility, that at no time is there a lifeguard on duty, that each Pool User is responsible for the safe operation of the Pool and for his/her own safety and the safety of any minor children in the Pool during the stay, and that use of the Pool involves risks and dangers, a number of which may be significant or result in consequences of a significant nature, including but not limited to:

      • the risk of injury resulting from physical activity in the pool area, including tripping or falling over obstacles in the pool area or colliding with other swimmers, and accordingly running, jumping and/or diving is strictly not permitted;
      • the risk of bodily injury or death, including as a result of drowning, resulting from activity in or around the Pool, and all related economic and consequential loss or damages,
      • the risk to persons under 18 years, particularly as the Pool is designed for the enjoyment of adults only;
      • the risks associated with tripping or falling given that there is no handrail at the pool or hot tub;
      • the risk of injury resulting from possible malfunction of the Pool equipment, including the gym equipment, and all risks associated with the use of gym equipment;
      • the risk of damage to the fabric wall lining of the swimming pool room which is particularly delicate in nature and costly to replace, and accordingly that all glass, ceramics, breakables and sharp objects of any kind are strictly not permitted and should be kept outside the swimming pool room at all times, and minor children should be strictly supervised at all times;
      • the risks associated with use of the sauna and hot tub, and in particular that neither should be used by people with high blood pressure, heart conditions, skin allergies or other medical conditions, by pregnant women, or by those under 18 years;

and each Pool User acknowledges that the above list is not a complete or exhaustive list of all possible risks, but merely provides examples of types of risks that each Pool User hereby assumes.

► Each Pool User agrees to:

      • waive any and all claims that each has, or may have in the future, against Clonwilliam and Clonwilliam’s owners, employees, partners, agents, suppliers, sub-contractors or representatives, or any of them (together, the Releasees, and individually, a Releasee) relating to the use of, or attendance at, the Pool, and covenant not to sue in respect of any of same at any time;
      • release the Releasees from any and all liability for any loss, damage, injury, judgment, award, expense or other cost of any nature whatsoever that the Pool User may suffer or incur in connection with the use of, or attendance at, the Pool or arising out of or as a result of any of the risks mentioned above or any other related risk or cause of any nature whatsoever, including negligence on the part of the Releasees;
      • indemnify and hold harmless the Releasees from and against any and all liability, loss, damage, injury, judgment, award, expense or other cost of any nature whatsoever resulting to any person or to any property arising out of or in connection with or as a result of his/her use of the Pool or his/her attendance thereat.

PAYMENT TERMS

The fee for the hire of Clonwilliam is discharged by way of initial deposit payable upon booking followed by the balance payable in advance of the hire date in two tranches, details of which are set out in the payment terms forwarded by Clonwilliam to Clients prior to booking. Any payments made to Clonwilliam are non-refundable in the event of cancellation by the Client.

FORCE MAJEURE

Clonwilliam shall not be liable as a result of any delay or failure to perform obligations under any contract with anyone for the provision of the services described within this Website if and to the extent such delay or failure is caused by an event or circumstance which is beyond Clonwilliam’s reasonable control and which by its nature could not have been foreseen by us, or, if it could have been foreseen, was unavoidable.

ACCURACY OF WEBSITE CONTENT

Clonwilliam strives to ensure that the content of this Website is accurate and reliable. However, errors and/or omissions may sometimes occur. Accordingly, Clonwilliam disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this Website and any links thereto and therefrom, including, without limitation, as to merchantability, non-infringement of intellectual property, or fitness for any particular purpose. We do not warrant the accuracy, currency or completeness of the contents, including, without limitation, any information relating to prices or availability. We will from time to time revise the contents and/or the products, services and resources described in this Website and reserve the right to make such changes without any obligation to notify past, current or prospective visitors of this Website.

INTELLECTUAL PROPERTY

All materials on this Website together with the content of any promotional material issued by Clonwilliam from time to time (including but not limited to Clonwilliam’s brochure in respect of weddings and private parties, all information, website design, graphics, imagery, logos, tradename, trademarks and business identifiers and all related) are proprietary to and the copyright of Clonwilliam, and are protected by Irish copyright law and all other applicable laws. These materials are the exclusive property of Clonwilliam and no person may reproduce, distribute, transmit, broadcast, publish, license, modify, translate, create derivative works from, transfer, sell or otherwise deal with or in such materials without our express prior written permission. However, notwithstanding the foregoing, such materials may be downloaded and reproduced purely for personal and non-commercial use. All rights are reserved.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be interpreted in accordance with the laws of Ireland. The parties irrevocably submit to the courts of Ireland to resolve disputes arising under these Terms and Conditions or under any agreement or non-contractual claim in respect of the provision of any of the services described within this Website.