Terms and Conditions
As with every business, the Coronavirus is severely impacting our business and we are trying our best to aid our customers on the constantly changing situation.
As per company policy, customers will be entitled to a refund minus their deposit for any bookings cancelled in writing before 28 days of the event date. Certain aspects of the booking may be exempt from this due to particular supplier’s policies eg. self-catering accommodation. For further information regarding this, please contact your event coordinator.
After 28 days, we cannot guarantee any refund due to our suppliers receiving payment.
Any bookings made from Monday 16th March 2020 are booking with an awareness of the ongoing Coronavirus situation. If there is little to no change to government instructions, the groups accept the current situation as an ongoing situation. We expect complete cooperation from our groups in this regard.
All bookings that are made with suppliers are booked based on the assumptions that businesses will return to normal assuming Covid restrictions will be lifted.
For any rescheduled bookings we cannot guarantee rates to be the same due to inflation and supplier rates increasing but will do our best to source the best possible rate for your group.
These Terms and Conditions are the standard terms for the provision of event planning by Funactive Ltd trading as Henfree registered in the Republic of Ireland under number 3356253VH, whose registered address is Newtown, New Orchard Road, Kilkenny.
We reserve the right to revise these Terms and Conditions at any time by amending this page. Some of these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Website.
“Booking” means an excursion, event, or itinerary of events arranged on behalf of a Customer (You) by the Company (Us) with a Supplier and includes a Supplier Service or a number of Supplier Services.
“Customer” means You, being any person who Purchases a Service through the Website or any person on whose behalf a Service is purchased from time to time including groups of people hereinafter referred to as a “Customer Group”.
“Supplier” means a third-party supplier of goods and/or services who has agreed to provide services to the Customer by the arrangement of the Company;
“Supplier Service” means a service provided by a Supplier.
“Payment Details” means the electronic payment details validly entered by you on the Website upon purchase of a service.
“Purchase” means the purchase of a service on the Website in accordance with these Terms And Conditions.
“the Service” means the organisation of a package including the booking and arrangement of Supplier Services on behalf of a Customer and Customer Group and the arrangement of an appropriate itinerary on their behalf.
“We/Us/Our” means Funactived Ltd trading as Henfree.
These Terms and Conditions govern the sale and provision of Event Management Services by us and will form the basis of the contract between us and you. Before submitting an order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask us for clarification. Nothing provided by us including, but not limited to, sales and marketing literature, price lists, and other documents constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our discretion, accept.
A legally binding contract will only be created when we accept your order, as indicated by your booking deposit.
All bookings for Services will be subject to these terms and conditions.
All Bookings are made with us.
All obligations and references to the customer apply to the entire party.
No amendments, additions, deletions, or changes may be made relating to these conditions, except by express agreement, in writing by us.
For the avoidance of doubt, we do not warrant the capability or conduct of any supplier. We shall not be held liable for the failure of a Supplier to suitably provide a supplier service. In the event that a dispute arises, we will make reasonable efforts to assist the customer with any grievance they might have and raise these complaints with the Supplier on their behalf.
You shall check all booking documentation immediately when it is furnished to you. Errors must be brought to our attention immediately and cannot be rectified later. If you have a query in relation to the contents of any document, you must notify us of these concerns within 7 days of receipt. It is your responsibility to ensure that all details specified on the order are correct.
You may change your booking after receiving the booking confirmation before the service begins. We will use all reasonable endeavors to accommodate any requested changes but cannot guarantee that we will be able to do so. If doing so means that the package will incur higher costs, we will inform you and ask you how you wish to proceed before taking any action. We will not charge you a higher price without your express permission.
[No changes or alterations can be made by you to a booking once payment has been received in full, without our express consent in writing.]
You may cancel your booking within 7 days of placing it free of charge OR up to 12 weeks prior to the date of the event, resulting in the loss of your booking deposit (there are certain exemptions to this rule but you will be notified in advance in this instance). If you have already made any payments to us (including, but not limited to the deposit), the payment(s) will be refunded to you within 14 days in accordance with our cancellation policy. [If you request that your booking be cancelled, you must confirm this in writing.] If you wish to cancel the Service after this time period, or once we have begun providing them, please refer to our cancellation section below.
We may cancel your booking at any time before we begin providing the service due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of our reasonable control. If such cancellation is necessary, we will inform you as soon as is reasonably possible. If you have made any payments to us (including, but not limited to the deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 calendar days of us informing you of the cancellation. Cancellations will be confirmed in writing.
Price and Payment
The customer booking the Service is solely responsible for all charges to be made.
The price of the services will be calculated in accordance with our supplier’s rates in place at the time of your booking. If the price shown in your booking differs from our current price we will inform you upon receipt of your booking.
Our prices may change at any time but these changes will not affect bookings that we have already received.
All Prices include VAT. If the rate of VAT changes between the date of your booking and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
We reserve the right to pass on any increases in the cost of a service as a result of the fluctuation in currency exchange rates, increases imposed by suppliers, or any increases due to government action.
Government action means the imposition of a new tax in the relevant territory being a tax that affects the cost of the delivery of the service, an increase in an existing tax or levy, or other increase or event which impacts the cost of the service. We reserve the right to apply a surcharge for any increase in the costs of a Service at any time up to 30 days before your departure.
Unless otherwise stated, the cost of the Service does not include the cost of drinks, food, admission, transfers, parking charges, porterage, fees, contributions and/or any other items that are not explicitly referred to on the booking form/agenda.
Before we begin providing the service, you will be required to pay one non-refundable booking deposit of €50 per group to secure your booking. All other participants are required to pay their non-refundable €50 booking deposit no later than 12 weeks prior to the event date in order to secure their place on the group booking. The due date for payment of your deposit will be included in the booking confirmation.
In extenuating circumstances, if your booking is cancelled, we will endeavour to find a suitable solution for both parties based on the price for the service, suppliers’ charges, and the amount of work (if any) already undertaken by us. Please refer to the bookings section or to our cancellation section of these terms and conditions for more details.
The balance of the price will be payable no later than 6 weeks prior to the date of the event.
Once final payment is made an individual forfeits their payment if they fail to attend the event or cancel their participation at the event.
Additional items such as out of pocket expenses or any additional items requested by you, after the balance of the price has been paid, will be need to be paid prior to event date. Please note that we will not incur any additional expense without your prior agreement.
If you do not make payment to us by the due date as shown on confirmation email we will be removed from the event and your non-refundable deposit will be forfeit. If you wish to rebook, we will confirm availability and you will be required to book a new package.The above provisions will not apply if you have promptly contacted us to dispute an outstanding payment in good faith. No interest will accrue while such a dispute is ongoing.
Providing the Service
As required by law, we will provide the service with reasonable skill and care, consistent with best practices and standards in the event management market, and in accordance with any information provided by us about the service and about us.
Subject to the receipt of all payments due, we will provide the service as specified in the booking confirmation.
We will make every reasonable effort to provide the service on time (and in accordance with your booking). We cannot, however, be held responsible for any delays if an event outside of our control occurs. Please see events outside of our control section below.
If we require any further information, items or action from you in order to provide the service, we will inform you of this as soon as is reasonably possible.
If the information or items you provide, or the action you take is delayed, incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or items that you have provided or action that you have taken, we may charge you a reasonable additional sum for that work.
Problems with the service and your legal rights
We always use reasonable efforts to ensure that our provision of the service is trouble-free. If, however, there is a problem with the service we request that you inform us as soon as is reasonably possible.
We will use reasonable efforts to remedy problems with the service as quickly as is reasonably possible and practical in the relevant circumstances.
We will not charge you for remedying problems under this section where the problems have been caused by us, any of our agents or employees or sub-contractors or where nobody is at fault. If we determine that a problem has been caused by incorrect or incomplete information or items provided by you, or incorrect or incomplete action taken by you, we may charge you for remedial work.
As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact the competition and Consumer Protection Commission. If we do not perform the service with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to request a reduction in price. If for any reason we are required to repeat the service in accordance with your legal rights, we will not charge you for the same and we will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full price and, where you have already made payment(s) to us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which we agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Event Management Services, you also have remedies if we use materials that are faulty or incorrectly described.
Events outside of our control (Force Majeure)
We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: Covid restrictions, power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, closure of airports or ports, road works or any other event that is beyond our reasonable control (including breach of contract by any supplier of Henfree.
If any event described under this section occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:
We will inform you as soon as is reasonably possible;
Our obligations under these Terms and Conditions will be suspended and any time limits that we are bound by will be extended accordingly;
We will inform you when the event outside of our control is over and will make our best efforts to work with you to reschedule the event for a future date. We will provide details of any new dates, times or availability of the Service as necessary;
If an event outside of our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under our cancellation policy – see below;
If you wish to cancel your booking for the service before the service begins, you may do so in accordance with our bookings section above.
We require third party contractors and suppliers to carry out our events successfully and are bound by minimum terms with these entities. We therefore incur charges for events cancelled within particular timeframes. As a result, the following cancellation terms and conditions apply.
You must communicate your request to cancel an event in writing to us. You can do so by using the firstname.lastname@example.org email address. Only the customer who made the booking can cancel the booking.
Cancellation – more than 6 weeks prior to the event
Cancellation of an event more than 6 weeks before an event will result in the loss of your non-refundable deposit
Cancellation – more than 21 days prior to the event
Cancellation of an event more than 21 days before the event will incur a cancellation fee equating to [25%] of the quoted event price.
Cancellation – 21 days prior to the event
Cancellation of an event within 21 days of the event date will incur a cancellation fee equating to 100% of the quoted event price.
Any sums owing to you will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of our acceptance of your cancellation. Any relevant sums will either be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums.
If any of the following occur, you may cancel the service and the contract immediately by giving us written notice. If you have made any payment to us for any service, we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of Our acceptance of your cancellation. For any service we have already provided, the relevant sums will either be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment in accordance with our pricing section. If you cancel because of our breach, you will not be required to make any further payments to us and will receive a full refund of any sums already paid:
We have breached the contract in any material way and have failed to remedy that breach within 7 days of you asking us to do so in writing; or
We enter into liquidation or have an administrator or receiver appointed over Our assets; or
We are unable to provide the service due to an event outside of our control; or
We change these Terms and Conditions to your material disadvantage.
We may cancel your booking for the service before the service begins under the booking section above.
If any of the following occur, we may cancel the service and the contract immediately by giving you written notice. If you have made any payment to us for any service we have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 calendar days of our cancellation notice.
For services we have already provided, the relevant sums will either be deducted from any refund due to you or, if no refund is due, we will invoice you for those sums and you will be required to make payment in accordance with our payment terms. We will not be required to give notice in these circumstances:
You fail to make a payment on time as required
You have breached the contract in any material way and have failed to remedy that breach within 7 days of us asking you to do so in writing; or
We are unable to provide the service due to an event outside of our control (for a period longer than that referenced under our outside of our control section).
We are not responsible for the operations of suppliers and cannot warrant to the quality of the services they provide. We will not under any circumstances be responsible for any additional expense, distress, disappointment, loss, damage, injury, accident, delay, inconvenience, or irregularity resulting from or attributable to an act or default of any supplier, company, firm or persons in connection with the carrying out of such arrangements or bookings.
Every booking is accepted subject to the conditions imposed by suppliers and other companies, firms or persons concerned with the delivery of such services and as such any claim with respect to such matters must be made against the appropriate party.
Client Responsibilities (including all confirmed members of the group)
The customer booking the service is responsible for ensuring that all members of the customer group are fully and properly informed of these terms and conditions and the service details. The customer booking the service is responsible for all administration on behalf of the group and is responsible for the accuracy of information supplied to the group. We will not unnecessarily engage with other members of the customer group and in that event will refer other members of the group to the customer making the booking.
Some of the activities involved in a supplier service may require an element of physical activity on the part of the customer group. The customer will ensure that any and all members of the customer group are physically capable of taking part in such activities, suffer no disabilities or conditions that may impair, restrict or endanger their involvement or that of other members of the group’s involvement in the supplier service.
Failure to comply with the programme or agenda provided by Henfree.ie or any supplier may result in either discontinuation of the supplier service, event/activity or cancellation of the program in its entirety. In these circumstances, we will not be liable for any refund, compensation or any other costs that may be incurred.
The customer booking the service is responsible for ensuring that all members of the customer group act at all times in a safe, responsible and courteous manner, comply with all safety procedures (for the avoidance of doubt this includes an appropriate level of sobriety), listen and be present at any and all safety and/or information briefings relevant to the supplier service’s activities, make supervisors or any person in authority immediately aware of any equipment or site deficiencies or concerns, dress and/or equip themselves suitably for any event or activity as advised by HenFree.ie, StagFree.ie and/or its suppliers (failing which as is deemed appropriate or suitable in the circumstances), and observe and obey all laws, requests (including the signing of any disclaimer) and conditions of use of any supplier, including accommodation and entertainment venues.
The customer hereby agrees to indemnify and keep indemnified us, our successors and assigns and each of our respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of a service and or that of any of the customer group resulting in a loss to the us or to any third party whether such loss is attributed to you or to any other person through your account either in your customer group or otherwise or on account of any person in your customer group, as a result of intent, negligence, recklessness or inactivity.
Conduct and Behaviour
Customers engage our services subject to the rules and regulations of any supplier venue and undertake to accept and follow all instructions issued to them by the relevant supplier. The good conduct and behaviour of all customers is an essential element of the ability to deliver the service and accordingly the supplier and anyone authorised to act on behalf of such supplier has the final say and full authority to remove any person(s) who fail to comply with instructions and requests. No refunds will be issued in such circumstances.
The customer accepts responsibility for the good conduct of all members of the customer group. The customer accepts responsibility for any damage incurred by a supplier caused by any member of a customer group either through their actions directly or as a result of their negligence or inactivity. We will not be responsible for such damage and the customer group will be liable to the supplier directly for such loss. In the event that we incur a liability for such loss or damage and are required to refund or pay a supplier for such loss, we reserve the right to pursue the customer for this loss.
We do not warrant the quality, skill or capability of any supplier to deliver any booking or supplier service and we shall not be held responsible for poor performance of a supplier, late arrival at or missing an event due to the failure of a supplier. Refunds will not be given unless we receive a refund from the relevant supplier.
For the avoidance of doubt we do not warrant the capability or conduct of any Supplier. We shall not be held liable for the failure of a supplier to suitably provide a supplier service. In the event that a dispute arises we will make reasonable efforts to assist you with any grievance you might have and raise these complaints with the Supplier on your behalf.
Complaints and Feedback
We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
All complaints are handled in accordance with our complaints handling policy and procedure.
If you wish to complain about any aspect of your dealings with us, including, but not limited to, these Terms and Conditions, the Contract, or the Event Management Services, please contact us in one of the following ways:
In writing, addressed to Henfree, Newtown, New Orchard Road, Kilkenny
By email, addressed to email@example.com
By contacting us by telephone on 0871856900
Governing Law and Jurisdiction
These Terms and Conditions, the Contract, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of the Republic of Ireland.
As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in these Terms takes away or reduces your rights as a consumer to rely on those provisions.
Any dispute, controversy, proceedings or claim between you and us relating to these Terms and Conditions, the Contract, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the Republic of Ireland.