In these conditions the word "Organiser" means Ninthbeach.com, the entity which arranges your accommodation etc. and which offers it as a holiday. "Consumer" means you, the person who buys or agrees to buy the holiday or any person on whose behalf you agree to purchase the holiday and who is listed on the booking record or any other person to whom you transfer a holiday you have bought.

1. The Contract

No contract shall arise until the Organiser has, in writing, confirmed to the Consumer that they are booked in.  The Organiser shall indicate, at the same time as confirming the booking, to the Consumer that they must read these terms and conditions, available on the website of the Organiser. Full payment or (payment of the appropriate deposit as the case may be) shall constitute acceptance of these terms and conditions.

The Organiser reserves the right to terminate the contract if the behaviour or conduct of a Consumer either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in their company, or that of the Consumer themselves and the cancellation charges as provided for in Clause 3 of these booking conditions 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 the booking record (excluding the Organiser) the accommodation in which the Consumer is staying is damaged the Consumer hereby agrees to compensate the organizer for such loss and to indemnify the Organiser against any claim (including legal costs) made against the Organiser in relation to the occurrence of such incidents.

2. Payment

The holiday must be paid for in full within 10 working days after the Organiser and the Consumer have agreed a booking. If full payment has not been made by that date, the Organiser shall have the option to cancel the holiday. If the Organiser exercises that option or if the Consumer cancels the holiday (which cancellation must be notified in writing to the Organiser) the following cancellation charges are payable by the Consumer:

3. Alteration by the Consumer

If the Consumer wishes to alter a holiday that has been confirmed, the Organiser may facilitate that change at its discretion, if practicable. If the alteration is impracticable the original holiday arrangement shall continue to apply.

4. Alteration/Cancellation by the Organiser

Without prejudice to the consumer’s statutory rights:

(a) The Organiser reserves the right to alter, change, curtail or cancel a holiday.

(b) If as a consequence of "force majeure" (as hereinafter defined in subparagraph (d) of this clause), the Organiser is obliged to curtail, alter, extend or cancel a holiday, 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 holiday. The organiser is not liable for any loss, damage, injury, claim or action (whether direct or indirect) arising out of such force majeure, or such curtailment, alteration, extension or cancellation of the holiday.

(c) If there is a major change prior to the arrival, such as a change of accommodation, or an alteration of the check in time of more than 12 hours, the Organiser shall, if practical, offer an alternative comparable accommodation of at least similar standard or shall refund the consumer all monies paid. Unless, within 7 days of issue of the offer of an alternative holiday, the alternative offer is accepted by the Consumer in either writing or action, the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of the payment made. The Consumer hereby accepts that he will not be entitled to any further compensation, whether for loss, inconvenience, expense, distress, upset or otherwise arising out of such change.

(d) In this contract, the term "force majeure" means Acts of God, natural disasters, adverse weather conditions. fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, civil commotion, exercise of legislative, municipal, military or other authority, strikes industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.

5. Insurance

It is the sole responsibility of the Consumer to check that the insurance scheme that they have provides the Consumer with their desired level of cover for such a holiday.

6. Consumer’s Responsibilities

The Consumer shall check the travel confirmation immediately upon it being furnished to them. If the Consumer considers any document is incorrect or has any query in relation to the contents they shall forthwith notify the Organiser of their concern and the Organiser shall respond as soon as possible.

The Consumer hereby agrees that they shall abide by all instructions or directions given by a member of the Organiser’s staff in connection with the holiday and hereby agrees to indemnify the Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumers failure to act in accordance with any such direction or instruction.

It is the sole responsibility of the Consumer to ensure that they are in possession of all travel documentation (ie. passports, visas where relevant) and that the same are in order. The Consumer hereby agrees to indemnify the Organiser for any costs incurred by the Organiser as a consequence of the Consumer failing to have their travel documentation or same not being in order.

7. Liability

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 nor to that of another supplier of services 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 unforeseen or unavoidable; or

(c) such failures are due to (i) unusual and unforeseeable circumstances beyond the control of the Organiser or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised; or (ii) an event which the Organiser or the supplier of the services, even with all due care, could not foresee or forestall.

Without prejudice to clause 4(c) in the case of damage, other than death or personal injury or damage caused by the willful misconduct or gross negligence of the Organiser, the amount of compensation which will be paid to the Consumer will be limited to, in the case of an adult an amount equal to double the inclusive price of the holiday payable to the organiser, to the adult concerned and in the case of a minor an amount equal to the inclusive price of the holiday payable to the Organiser, to the minor concerned. The Organiser’s liability will not exceed any limitation applicable under any international convention governing or relating to the provision of the service complained of, even if that convention has not been ratified or applied in the Republic of Ireland.

In the event of any liability on the part of the Organiser for injury, illness or death, no payment will be made unless the following conditions are complied with:

(a) the Consumer must advise the Organiser in relation to the injury or illness while the Consumer is at the accommodation and must also write to the Organiser within three months of the completion of the holiday.

(b) the Consumer must transfer any rights that the Consumer has, in respect of such injury, illness or death against an person to the Organiser.

(c) the Consumer must co-operate fully with the Organiser to enable the Organiser or its insurers to enforce such rights.

8. Complaints

If the Consumer wishes to make a complaint in relation to a holiday, they 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 in detail the Consumer complaint. If the Consumer fails to comply with such requirement, the Organiser shall be entitled to recover the cost from the Consumer of any additional expense incurred by it in carrying out any subsequent investigation of a complaint which is found to be unjustified.

The Consumer shall be obliged to notify the Organiser in writing of any complaint within 28 days after his return to the port of departure or termination of the holiday whichever is the earlier.

9. Governing Law

The contract arising from any confirmed holiday booking is to be interpreted under and is subject to, the laws of the Republic of Ireland and any dispute arising between the Organiser and the Consumer shall be amenable only to the exclusive jurisdiction of the Court in the Republic of Ireland.

10. Statutory Rights and Serverance

Your statutory rights are not affected by the above provisions. In addition to the foregoing, all the terms and provisions of this Contract are distinct and severable and if any term or provision is declared, in whole or in part, to be void or unenforceable or is declared by a court to infringe your statutory rights, it will, to that extent be deemed not to form part of this Contract and the enforceability, legality and validity of the remainder of the Contract will not in any event be affected.