Legal

TERMS & CONDITIONS

PURPOSE AND SCOPE

This website (Website) is owned and operated by Clonwilliam House and, specifically, by its owner, Richard Clune, (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 contract with Clonwilliam with respect to the hire of Clonwilliam House, 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 between the Client and Clonwilliam 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 various third party service providers or suppliers to the Client, including, but not limited to, caterers, food and beverage suppliers, mixologists, spa and beauty treatment specialists, clay-pigeon and archery instructors, florists, stylists, event equipment specialists, event planners, and other specialists. With respect to all such third party service providers or suppliers or other third parties (each, a Third Party Supplier), if the Client engages any such Third Party Supplier, he/she contracts directly with the Third Party Supplier and does so entirely at his/her own risk, and neither Clonwilliam nor his employees or agents, 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.

If a Client engages any Third Party Supplier at any time, he/she should check that such Third Party Supplier has in place all relevant insurances, licences and permissions to carry out the service on behalf of the Client.

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 he/she, along with each of his/her guests, is 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.

Whereas Clonwilliam House is a fully staffed, full-service private hire, all hires of Clonwilliam House are strictly on the basis that all staff and services referred to throughout this website, our brochures, and elsewhere in all other communications with Clients, are provided by Third Party Suppliers contracting directly with Clients, and are not provided by Clonwilliam.

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 charge 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 by way of bank transfer in a number of tranches, details of which are forwarded to the Client by Clonwilliam prior to booking. Any payments made to Clonwilliam are non-refundable in the event of cancellation by the Client.

USE AND CARE OF CLONWILLIAM

Every Client is a tenant of Clonwilliam under a private residential tenancy agreement for the term of the duration of the private hire, and as such Clonwilliam agrees to let to the Client and the Client agrees to take a tenancy of those areas and appurtenances known as and situated at Clonwilliam House, Woodenbridge, Co Wicklow, as outlined in person to the Client (the Property), for exclusive use as residential premises. The relationship between Client and Clonwilliam is solely one of tenant and landlord, and, as mentioned above, no services are provided directly by Clonwilliam but rather by Third Party Suppliers who contract directly with the Client. At the expiration of the term of the private let, the Client agrees to quit and surrender the Property in as good a state and condition as they were at the commencement of the private let.

The Client agrees with Clonwilliam to use and maintain in reasonable condition, fair wear and tear excepted, the fittings, fixtures, furniture and furnishings located at the Property and agrees to obtain written permission (which can include permission by email) from Clonwilliam before doing any of the following:

► applying adhesive materials, or inserting nails or hooks in walls or ceilings including small picture hooks per walls;
► erecting any structure of any size, temporary or otherwise, including any marquee of any kind;
► painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
► removing or adding walls, or performing any structural alterations;
► installing any equipment, changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
► placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose;
► affixing to or erecting upon or near the Property any radio or TV antenna, tower or similar;
► making any alternation required to facilitate the landing or take-off of helicopters or private aircraft.

The Client agrees to promptly notify Clonwilliam of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by Clonwilliam, and to keep the Property in good repair and condition and in good decorative order.

The Client agrees not to engage (and undertakes to ensure that no person or persons occupying the Property at the request of the Client in any capacity engages) in any behaviour that is anti-social or threatening to the fabric of the Property or the building or in any trade or in illegal activity on or about the Property including, but not limited to, using the Property for drug use, drug storage, drug dealing, prostitution, illegal gambling or illegal drinking.

The Client is responsible for any person or persons who are upon or occupying the Property or any other part of the Property at the request of the Client, either express or implied, whether for the purposes of visiting the Client, making deliveries, repairs or attending upon the Property for any other reason. Without limiting the generality of the foregoing, the Client is responsible for all members of the Client’s family, guests, servants, service suppliers, tradesmen, repairmen, employees, agents, invitees or other similar persons.

CLIENT BELONGINGS

If at the end of the term of the private let, the Client has left any belongings on the Property, Clonwilliam will store the Client’s possessions with reasonable care for a reasonable period of time taking into consideration the value of the items and cost to store them. After such period, should any items remain unclaimed, such items may be disposed of by Clonwilliam.

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 disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the website www.clonwilliamhouse.com and any links thereto and therefrom, including, without limitation, as to merchantability, provision of services, non-infringement of intellectual property, fitness for any particular purpose, or the identity of the providers of any services which may be referenced therein, and Clonwilliam does not warrant the accuracy, currency or completeness of the contents thereof in any way. We will from time to time revise the contents of 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.