Kildare Village Equipment Hire and Luggage Storage Service Terms and Conditions

__1. Definition __

 1.1. “Kildare Village”, “we” or, “us” means Value Retail Management Kildare Village Ireland Limited a company registered in England number 02884096 whose registered office is Management Suite, Kildare Village,1b Kildare Village, Nurney Road, Kildare Town, Co. Kildare.

1.2. “Equipment” shall mean any of the following items made available by Kildare Village for hire by the Guest: Dog Kennels Manual Wheelchair, Mobility Scooter or Pushchair.

1.3. Force Majeure Event means any event or circumstance outside your or our reasonable control. 1.4. “Lost Property” means Luggage which is uncollected.

1.5. “Luggage” means the bags, cases and other similar items that you wish to deposit with us for temporary storage;

1.6. “Guest”, “you”, “your” means the recipient of the Services, as specified in the online form. 1.7. “Service” means the loan of Equipment and/or storage of luggage by Kildare Village on behalf of the Guest, as described in the online form; and 1.8. “Village” means Kildare Village, Nurney Road, Kildare Town, Co. Kildare.

2. Introduction

2.1. You can contact us by calling Kildare Village Tourist Information Centre on 045 520501 or emailing kvtic@valueretail.com.

2.2. All Equipment and use of our storage facility is available on a first-come, first-serve basis, and we cannot guarantee that items will always be available for hire, nor that the storage facility will be available, at all times.

2.3. We reserve the right to refuse to offer or refuse to provide the Service at our sole discretion (provided that we comply with Irish law, e.g. anti-discrimination legislation).

2.4. These terms apply to the Service and set out the terms on which we provide it. It is a precondition of receiving the Service that you accept these terms in full, except that where consents are withheld under data protection law, we may continue to provide the Service to the extent possible without those consents.

2.5. We reserve the right to amend or modify these terms and conditions and the basis on which the Services are available at any time in order to comply with applicable law and/or regulatory requirements.

3. Equipment Hire

3.1. The maximum hire period of Equipment shall be from the time of hire until 20 minutes before the closing time of the Village on the same date.

3.2. The Equipment shall at all times remain our property, and you shall have no right, title or interest in or to the Equipment (save the right to possession and use of the Equipment subject to these Terms).

3.3. Dog Kennels 3.4.1. If you are availing of a dog kennel, you confirm that you understand and agree that: 3.4.1.1.

3.3.1.2 The maximum stay is 4 hours in a dog kennel;

3.3.1.3. Dogs (except guide dogs and assistance dogs) are not allowed in the Village;

3.3.1.4. You remain responsible for the behaviour of your dog at all times, and you confirm that your dog will not pose a threat to any staff or visitors to Kildare Village or will not behave in such a ways as to cause staff or visitors to Kildare Village, and more particularly the Dog Kennels, harm of any kind.; and

3.3.1.5. We shall not be responsible for: (i) any loss of or injury to your dog through your use of the Dog Kennel service, unless caused by our negligence; nor (ii) any harm that your dog may cause to third parties or property.

3.4. Manual Wheelchairs, Mobility Scooters and Pushchairs

3.4.1. If you are borrowing a manual wheelchair, mobility scooter or pushchair, you confirm that: 3.4.1.1. you have been given, and fully understand, instructions provided by Kildare Village on the use of the Equipment, and have had the opportunity to request further information if required;

3.4.1.2. as far as you are aware, you do not have any condition that would impair your ability to safely operate the Equipment;

3.4.1.3. you agree not to leave Equipment unattended and will operate it in a safe and proper manner, in accordance with any operating instructions, at all times;

3.4.1.4 You will not use the Equipment in a manner that would cause or tend to cause harm to staff or visitors to Kildare Village; and

3.4.1.4. you will not make any alterations to the Equipment and nor remove any components;

4. Luggage Storage Facility

4.1. In respect of Luggage you store with us, you confirm and agree that:

4.1.1. the aggregate value of all items of Luggage and contents deposited for storage does not exceed[ ]

4.1.2. Kildare Village is not authorised to store, and does not accept any liability for, items exceeding €5000.

44.1.3. The bags, cases and/or other containers comprising the Luggage are in sound condition and fit for purpose; and

4.1.4. Neither the Luggage nor contents are dangerous, harmful or of a perishable or fragile nature and all items are suitable for being stored at a temperature of between 0°C and 40°C.

4.2. Luggage must be collected no later than 20 minutes after the closing time of the Village (the “Latest Collection Time”). If you do not collect Luggage before the Latest Collection Time, we will treat the Luggage as Lost Property and pass it to the Kildare Village security team for storage in accordance with the Lost Property Policy set out in Clause 5 below.

4.3. Each item of Luggage to be stored will be assigned and labelled with a tag number, and you will be issued a key fob which corresponds to the tag number(s) of your Luggage. 4.4. At the point of collection, you must produce the relevant key fob issued to you for the Luggage and photographic identification confirming your identity as the Guest who deposited the Goods.

4.5. If you are collecting Luggage on behalf of the Guest who deposited them you must produce a signed form of authority from the owner and photographic identification.

4.6. At the time of collection you must inspect the Luggage and notify us of any issues prior to departure from Kildare Village. We will not be responsible for any issue notified to us after departure.

4.7. You will responsible for paying a replacement charge of €10 or any lost and/or damaged key fobs.

__5.Lost Property Policy __

5.1. Lost Property will be stored for a period of six (6) weeks from the date of receipt. 5.2. Any Lost Property which has been claimed by the owner and notified to us in writing will be stored for a period of six (6) weeks from the date of receipt of the claim.

5.3. Any Lost Property which remains unclaimed for a period of six (6) weeks from the date of receipt by us shall become our property and will be donated to charity, recycled or disposed of accordingly.

5.4. We shall store the Lost Property in a manner and location as we deem appropriate. At the point of collection of Lost Property we will require a full description of all items and photographic personal identification confirming that you are the owner, where possible.

__6. Data Protection __

6.1. To provide the Services, we must hold some personal data about you. If you do not consent to a full scope of personal data processing, we cannot provide the full range of Services.

6.2. For details about how we process your personal data, please refer to the Village Privacy Notice.

7. Liability

7.1. Nothing in these terms excludes or limits liability which cannot, at law, be excluded or limited.

7.2. If we fail to comply with these Terms, we will be responsible for the foreseeable loss or damage that you suffer as a result, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

7.3. Subject to paragraph 7.1 the following types of loss are wholly excluded:

7.3.1. loss of profits;

7.3.2. emotional distress;

7.3.3. loss of opportunity;

7.3.4. loss of sales or business;

7.3.5. loss of use or corruption of software, data or information;

7.3.6. loss of or damage to goodwill; and

7.3.7. indirect or consequential loss.

7.4. Subject to paragraphs 7.1 and 7.3 our total liability arising under or in connection with these terms and the Services shall not exceed: (i) 5,000 in respect of any claims connected with Luggage; and £1,000 for any other claims.

__8. General Terms  __

8.1. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

8.2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, unlawful or unenforceable, the remaining paragraphs will remain in full force and effect to the extent possible. 8.3. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

8.4. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Irish law. 8.5. Each Party agrees to submit to the non-exclusive jurisdiction of the Irish courts, except in matters relating to the enforcement of the judgement of the Irish courts, which may be pursued in the courts of the country where the assets lie.

8.6. No failure or delay by a Party to exercise any right or remedy provided by law or under this Agreement shall impair that right or remedy, or operate as a waiver or variation of it, or preclude its exercise at any subsequent time. No single or partial exercise of any right or remedy shall preclude any further exercise of that right or remedy or the exercise of any other right or remedy. The rights of the Parties under this Agreement are cumulative and may be exercised as often as the relevant Party considers appropriate.

8.7. Neither party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from a Force Majeure Event. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. For these purposes Force Majeure means (i) any event or circumstance out of the control of the party affected, but includes Village closures, even where such closures are within the control of the party, and where a Village closure is a direct or indirect result of an event outside our control for example where such an event has greatly reduced the number of guests in the Village and it has closed.

8.8. We may at any time transfer or deal in any other manner with all or any of our rights or obligations under these Terms. You may not transfer or deal in any other manner with any or all of your rights or obligations under these Terms without our consent.

8.9. In this agreement, any use of “for example”, or “e.g.” is to be interpreted as a non-exhaustive list of examples.

8.11. Together with the online form, these Terms and any documents referred to in them set out the entire agreement and understanding between you and us in connection with the Services and supersedes any other agreement between you and us in respect of the provision of all or part of the products or Services. By confirming your acceptance of these Terms, you confirm that you have not relied on any representations made by us. Nothing in this Clause shall limit or exclude liability for fraud.