Shamrock Express Ltd. Terms and Conditions of Sale
The following terms and conditions (“Terms and Conditions”) apply to the sales of all travel and related “Services” offered by Kenny Tours Ltd. dba/ Shamrock Express and/or its agents, employees, associates, affiliated companies, independent contractors, or subcontractors (hereinafter called “Shamrock Express”, “we” or “us”). The terms “Service” or “Services” as used in these Terms and Conditions encompass: charter and commercial flights, ground transportation, hotels rooms, vacation rentals, car rentals, leisure activities, and any other travel related products offered by Shamrock Express. The term “Trip” is defined as any Service, or package of Services, offered by us.
Please read these Terms and Conditions carefully, and ask us any questions you (also referred to herein as the “User,” “customer,” “participant,” or “passenger”) have before you agree to be bound by them. All customers of Shamrock Express acknowledge that they have taken note of these Terms and Conditions before making a booking and have accepted the same by placing a mark in the box indicating that they have been read and accepted by you. Without this acceptance the processing of an order is not technically possible. Therefore, by placing an order with Shamrock Express, you agree to abide by these Terms and Conditions without reservation, and to be bound by the limitations herein.
All bookings of Services are also subject to the Terms and Conditions of the supplier of the applicable Service. By placing an order with Shamrock Express, you agree to abide by the Terms and Conditions of the applicable supplier without reservation and to be bound by the limitations therein. If the supplier’s Terms and Conditions are ever in conflict with the Terms and Conditions of Shamrock Express, Shamrock Express’ Terms and Conditions will control all issues relating to the liabilities and responsibilities of Shamrock Express.
Table of Contents
- Modification
- Duration of the Offer
- Prices
- Making a Booking
- Payment Options
- Issuing of Travel Documents
- Indemnification and Release
- Limitation of Liability and Disclaimer of Warranties
- Passports, Visas, Health Requirements, and Travel Risks
- Accommodations and Activities
- Air transport
- Charter Flights
- Commercial Airliners
- Cancellations and Alterations Policies
- Car Rental
- Insurance
- Severablity
- Headings
- Attorney’s Fees
- Disputes: Jurisdiction, Choice of Law, Etc.
MODIFICATION
The Terms and Conditions may be amended or modified at any time, without notice, on the understanding that such changes will not apply to Trips booked prior to the amendment or modification. It is therefore essential that you consults and accepts the Terms and Conditions when making a booking, particularly in order to ensure what provisions are in operation in case they have changed since the last time an order was placed by you.
DURATION OF THE OFFER
The Trips offered for sale by Shamrock Express are normally valid as long as they remain online or until they are sold out. This availability may vary in real time.
PRICES
Shamrock Express offers Trips at negotiated prices. The descriptions of the Trips presented in our electronic brochures state, for each type of Trip, the services that are included in the price and any special conditions that apply. Both the selling price of your air and ground arrangements are capacity controlled. Please note the prices herein are based on the lowest promotional retail prices available at time of printing and may not be available on all departures. Our prices are contractual tariffs. No claim relating to the price of the Trip will be considered once the reservation has become effective.
Unless otherwise stated in the description of the offer, the following will NOT be included as part of the advertised price:
Additional taxes and fees:
For Airfare:
- September 11th Security Fee of $2.50 USD per enplanement at a U.S. airport (up to a maximum of $10.00 USD per round-trip)
- Passenger Facility Charges of up to $4.50 USD per segment (up to a maximum of $18.00 USD per round-trip).
- U.S. Federal Domestic Segment Fee of $3.60 USD applies per segment
- U.S. Travel Facilities Tax of $8.00 USD per direction also applies to flights to/from Alaska and Hawaii and the 48 contiguous U.S. states or between Alaska and Hawaii.
- U.S. Immigration User Fee of $7.00 USD
- U.S. APHIS User Fee of $5.50 USD
- U.S. International Transportation Tax of $16.10 USD per arrival or departure
- Foreign Government security/tourism/airport/international transportation taxes and fees of up to $200 USD (varies widely by destination and fluctuates with exchange rates).
For all other services purchased:
- All applicable state, federal, and local government taxes and fees imposed by governmental and quasigovernmental authorities including, but not limited to:
- Hotel taxes
- Visitor’s taxes
- Head taxes
- Inspection fees
- Customs fees
- Taxes incurred as part of a land tour or excursion
- Immigration and naturalization fees
- All other miscellaneous taxes and fees unless specifically advertised as included in the price of an advertised Trip
- service fees
- excess baggage charges
- insurance
- incidentals
- national and international airport charges
- single room supplement
- infant charges which must be paid direct to the hotel, bed and breakfast, guest house or castle on the spot.
- any other activities or items not explicitly advertised as included in the price of a Trip in the description of the offered Trip
Price Guarantee/modifications
Our intention is to provide you with the vacation which you have selected, at the price in effect at time of booking. If for any reason (except as a result of USA or foreign government taxes, or fuel surcharges), we have to increase the price of your vacation, we will immediately inform you of these increases. Any increase by USA or foreign government taxes, fees or the carrier’s fuel surcharges does not give you the right to cancel without penalty as stated under cancellations/changes. Please note that we reserve the right to re-invoice you in case of an error made in computing your price.
MAKING A BOOKING
Bookings may be made directly by calling (800) 648 1492, or online ( if available) at: www.shamrock-express.com or www.kenny-tours.com. We only recognize fixed, irrevocable orders. In particular we can only process your booking request if you have provided us with valid payment authority (including credit card details), and it has been accepted electronically as a firm booking.
All that is required to reserve your vacation is, when applicable, full payment for your air ticket and a payment of $200.00 per person for any land components ordered. Late bookings often require us to incur additional costs for faxing, updating and confirming your car or hotel accommodations. Therefore, we will charge a late booking fee of $50 per person for bookings made within 21 days or less prior to departure, in addition to the price of all vacations booked.
Acceptance of the offer
It is the duty of the Trip purchaser to inform all other passengers of all relevant terms and conditions. Acceptance of these Terms and Conditions constitutes the purchaser’s acknowledgement and acceptance of all the listed Terms and Conditions on behalf of themselves and all passengers.
Availability of offers
All our online offers are normally available. An acknowledgement of receipt of your reservation order will be sent to you automatically a few minutes after you place your order, using the e-mail address you have given us when completing the order. Your credit card will be debited immediately. Your confirmation for your Trip, with your invoice, will be sent to you by e-mail without delay. Remember to check your spam folders to ensure that these important emails are not blocked due to firewalls or spam filters on your computer. We will not be held responsible for failure of delivery of any email communication to you either due to incorrectly spelled email addresses, non-working email address, or spam filters that prevent our emails from reaching you.
PAYMENT OPTIONS
Your payment may be made using the following international credit cards:
- VISA
- MasterCard
- Discover
- American Express
- Debit Card
- Check
All transactions between User and Shamrock Express shall be solely in United States Dollars.
ISSUING OF TRAVEL DOCUMENTS
The method for issuing travel documents and/or tickets depends on the time available between the date of issue of tickets and your date of departure, and/or the type of service. If the customer provides incorrect information, Shamrock Express does not assume any liability if the Trip is adversely affected or made impossible by the non-receipt of travel documents.
Travel documents will only be sent to the “Lead Individual” who places the order and personally agrees to these Terms and Conditions.
INDEMNIFICATION AND RELEASE
Except as otherwise set forth herein, you hereby releases Shamrock Express from any and all liability, loss, expense, damages, or claims arising out of or resulting from any reservation or purchase of a Trip (including without limitation any violation by you of these Terms and Conditions), whether caused by the negligent, reckless, or intentional conduct of User or otherwise.
User hereby also agrees to indemnify, defend and hold harmless Shamrock Express from and against any and all damages, losses, claims, liabilities, deficiencies, costs, fees (including reasonable attorneys’ fees) and expenses, arising out of or resulting from any reservation or purchase of Services (including without limitation any violation by you of these Terms and Conditions).
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE STATED, ALL GOODS AND SERVICES OFFERED BY SHAMROCK EXPRESS ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SHAMROCK EXPRESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED SERVICE, AND ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE FOR ALL GOODS AND SERVICES SOLD BY SHAMROCK EXPRESS. Applicable law in your jurisdiction may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY
THE AIRLINES, HOTELS, AND OTHER SUPPLIERS (JOINTLY: “TRAVEL SUPPLIERS”) PROVIDING TRAVEL OR OTHER SERVICES SOLD BY SHAMROCK EXPRESS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SHAMROCK EXPRESS. TO THE EXTENT PERMITTED BY LAW, SHAMROCK EXPRESS DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SUPPLIER. TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO FORCE MAJEURE, SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR ANY CAUSES BEYOND SHAMROCK EXPRESS’ CONTROL. FURTHER, NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, NON-PERFORMANCE OR POOR PERFORMANCE, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, ANY ADDITIONAL EXPENSES OR LOST BUSINESS, ATTRIBUTABLE TO YOU YOURSELF, ACTS OR OMISSIONS OF ANY THIRD PARTIES, OR ACTS OF ANY GOVERNMENTAL AUTHORITY, EVEN IF SHAMROCK EXPRESS HAS BEEN ADVISED THAT SUCH DAMAGES WERE POSSIBLE OR PROBABLE.
PASSPORTS, VISAS, HEALTH REQUIREMENTS, AND TRAVEL RISKS
You will need a valid passport to enter Ireland, but you will not need a visa for tourist or business stays of up to three months. Visit the Embassy of Ireland website for the most current visa information. You may also contact the Irish Embassy at 2234 Massachusetts Avenue, NW, Washington, DC 20008, tel: 1-202-462-3939, or the Irish consulate nearest you; these are located in Boston, Chicago, New York, and San Francisco.
Single parents, and adults who are not a child’s parents (including grandparents) traveling with children without their parents, should be aware that some countries require documentary evidence of parental responsibility or permission before allowing lone parents or accompanying non-parent adults to enter the country or, in some cases, before permitting the children to leave the country. Shamrock Express will not accept bookings for any unaccompanied children. Shamrock Express cannot be held liable in the event that, despite this restriction, an unaccompanied minor is booked for a Trip without its knowledge.You must carefully observe all applicable formalities and ensure that the surnames and forenames used for all passengers, when making a booking and appearing in your travel documents (booking forms, travel tickets, vouchers, etc.), correspond exactly with those appearing on your passport, visas, etc.Further information on entry requirements can be obtained from the State Department, by phone (202) 647-5335 or access online at http://travel.state.gov/travel or directly from the destination country’s website. We recommend that you check these before booking and also shortly before departure as requirements may change. For State Department information about conditions abroad that may affect travel safety and security, go to http://travel.state.gov/travel/travel_1744.html, or contact them by phone at (202) 647-5335. For foreign health requirements and dangers, contact the U.S. Centers for Disease Control (CDC) at (404) 332-4559, use their fax information service at (404) 332-4565, or go to http://wwwnc.cdc.gov/travel/.
We cannot accept responsibility if you are refused passage on any airline, transport or entry into any country due to the failure on your part to carry or obtain the correct documentation. If failure to do so results in fines, surcharges, claims, financial demands or other financial penalties being imposed on us, you will be responsible for indemnifying and reimbursing us accordingly.
Although most travel to international destinations is completed without incident, travel to certain areas may involve greater risk than others. You assume sole responsibility for your own safety at any destination traveled to. Shamrock Express does not guarantee your safety at any time, and assumes no responsibility for gathering and/or disseminating information for you relating to risks associated with your destinations.
ACCOMMODATIONS AND ACTIVITIES
“Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, Bed and Breakfasts, Town & Country Homes, motels, camp grounds, or resorts.
Unavailability of reserved accommodations or activities
Shamrock Express makes no guarantee about the suitability or availability of accommodations or activities, and if the particular accommodations or activities sought are unavailable, we will do our best to reserve comparable ones, if possible. You would bear any additional costs, i.e. upgrades, etc. We reserve the right, when necessary, to replace the planned accommodations or activities with ones of an equivalent nature. We will inform you as soon as we are aware o this necessity.
Occupancy
Prices for all accommodations are given on a double or triple occupancy basis. A supplement charge for single occupancy will apply.
Late Arrival and Failure to Check-in on First Night
If you are going to be delayed or find that you cannot check in to your accommodations on the date you requested, you should contact them to let them know. If you fail to check in to your accommodations on the day of your reservation and do not alert them, the remaining portion of your reservation may be canceled and you may not be entitled to a refund, depending on the terms and conditions of the applicable accommodations.
Activities offered during your Trip
An activity may not be appropriate for all ages or for individuals with certain medical conditions. Shamrock Express may not be held liable in the event of an incident or accident which is due to a lack of vigilance on your part.
It may happen that certain activities referred to in the Trip description are no longer provided for climatic reasons, in the event of force majeure, during a stay out of the tourist season, or when the minimum number of participants required for providing a given activity is not reached. Shamrock Express cannot be liable for activities unavailable due to any of the reasons listed above.
YOU ACKNOWLEDGE THAT THE USE OR ENJOYMENT OF AN ACTIVITY MAY BE HAZARDOUS AND INHERENTLY RISKY, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHAMROCK EXPRESS SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY OR DEATH; LOST, STOLEN, DAMAGED OR DESTROYED PROPERTY; OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE AND OPERATION OF THE ACTIVITY, AND ALL ACTIONS OR EVENTS OCCURRING PRIOR TO, DURING, AT OR AFTER, THE ACTIVITY.
Infants
We would ask parents traveling with infants to bring with them the appropriate food for their child, as they may not be able to find it at their destination. You may be asked to pay a charge, for example for provision of a cot and/or for heating baby food and drinks. You should request this when making your reservation, though we cannot confirm the availability of such services.
Travelers with special needs or disabilities
If you have special needs (e.g., wheelchair accessible room, traveling with seeing eye dog, etc.) you must call the provider of your accommodations ahead of time and verify that special needs can be met. Standards may vary from accommodations to accommodations and country to country and are not within the control of Shamrock Express.
Shamrock Express makes no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients.
We have no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.
AIR TRANSPORT
Charter Flights
Additional terms and conditions for Users booking passage on Charter flights are located here (HYPERLINK) in our Charter Operator-Participant Agreement. All Charter Flight passengers must review and agree to these additional terms prior to the reservation of a booking on a Shamrock Express charter flight.
Commercial Airliners
General conditions governing air transport
Shamrock Express’ responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned in our electronic brochure and advertisements. Shamrock Express is not able to specify the type of aircraft to be used by any airline. In addition, Shamrock Express is not responsible for losses due to cancelled flights, seats, or changed flight itineraries. Airlines retain the right to adjust flight times and schedules at any time; schedule changes can result in an itinerary that falls outside of contractual agreements. You cannot cancel the contract without penalty due to a change of airline, aircraft type or destination. If an airline cancels or delays a flight, you should work with the airline to ensure you arrive at your destination on or ahead of time. Shamrock Express will not provide any refund for Trips missed, in part or full, due to missed, cancelled or delayed flights, or other flight irregularities including, without limitation, denied boarding whether or not you are responsible for such denial.
Direct flights may be “non stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. Shamrock Express will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
Shamrock Express will not bear any liability, particularly in the event of timetable changes, delays, cancellations, etc., attributable to force majeure (labor dispute, strikes, storms, wars, earthquakes, epidemics, etc.) or in the event that, after the specified arrival time at the airport, it is found that the customer is refused boarding for failure to comply with administrative or health formalities, or failure to check-in.
Failure to check-in
Failure to check-in for a flight on the outward journey (on a charter or scheduled flight) will automatically result in cancellation of the return flight by the airline. We would encourage you to contact us on the date of departure if you wish us to keep the return flight open; this decision remains at the discretion of the airline company. Any interrupted or shortened journey, or any service that you do not take up, will not entitle you to a refund. If you have taken out insurance coverage, and in particular insurance for the interruption of a stay, you must comply with the procedures for cancellation appearing in your insurance contract.
Flight connections
If any booked flight connecting with your outbound or inbound flight is cancelled or delayed, the airlines reserve the right to provide that transport by any other means (coach/bus, train, etc.). If you organize your own connecting transport with the arrangements booked with Shamrock Express, we would advise that you reserve flexible or refundable tickets in order to avoid the risk of any financial loss. Shamrock Express cannot accept responsibility for the consequences of delays (such as a cancelled scheduled flight) in the context of connecting transport organized by you.
Non-Use of Flight Segments
You agree not to purchase a ticket or tickets containing flight segments that you will not be using, such as a “pointbeyond”, “hidden-city”, or “back-to-back tickets”. You further agree not to purchase a round-trip ticket that you plan to use only for one-way travel. You acknowledge that the airlines generally prohibit all such tickets, and therefore we do not guarantee that the airline will honor your ticket or tickets. You agree to indemnify Shamrock Express against any airline claims for the difference between the full fare of your actual itinerary and the value of the ticket or tickets that you purchased.
The return
Whatever the type of flight, scheduled or charter, it is essential that the return be re-confirmed locally with the airline within 72 hours prior to the envisaged date of departure. For motor coach tours operated by Shamrock Express, this formality is generally performed by the local representative or agent. If you fail to do so, your seat cannot be guaranteed by the airline, which has the right to allocate your seat to someone else. In addition, this procedure also gives you the opportunity to confirm the times of your return flight which may have been altered in the meantime. Shamrock Express cannot be held liable for any negligence on your part in failing to re-confirm your return flight.
Luggage
Most airlines have their own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any additional charges for checked or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact the your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. It is recommended that you take out an insurance policy covering the value of your items.
Babies and infants
Babies (up to 2 years of age) do not occupy a seat; the price of the ticket is generally 10% of the official rate. On certain flights children (from 2 to 11 years of age) may be granted a reduction, except on charter flights.
Pregnancy
Different airlines have their own restrictions on when pregnant woman may fly on their plane, which can range from prohibiting flying anywhere from 7 to 30 days by the due date. It is your responsibility to check the restrictions of your particular airline. If you are denied boarding, Shamrock Express will not be responsible for any resulting cancellation fees and charges.
CANCELLATIONS AND ALTERATIONS POLICIES
Changes or Cancellations attributable to You
Changes are subject to a service (processing) charge of $50 per person, per each change by Shamrock Express. Change in departure date is not permitted and is considered a cancellation. Purchasers of a Canceled Trip are responsible for the complete price of the Trip, including, without limitation, all fees, taxes, and charges. After departure: no changes are permitted. Tickets issued at special discounts may not be reissued to another fare type. Discounts do not apply to previously purchased tickets.
All cancellations or changes (where permitted) must be requested in writing via e-mail to: cancellations/changes@shamrock-express.com or via certified mail, return receipt requested, addressed to:Shamrock Express Attn.: Cancellations/Changes5530 Abbey Lane Salisbury, MD 21801 The refund or Shamrock Express’ Trip Cancellation Insurance redemption process may take 4-6 weeks for Credit Voucher(s) to arrive to your address. Before any credit Voucher can be issued all travel documents issued to canceling party(s) must be returned to Shamrock Express. Cancellations received within three days will not be accepted and therefore are totally nonrefundable.
Changes to your itinerary attributable to Shamrock Express
In the unlikely event that a major change (involving a change of departure or return date, departure city or destination) becomes necessary, we will notify you as soon as possible and will try to substitute comparable service. If you find the revised arrangements we offer unacceptable, you will have the option of cancellation without charge (less insurance premium) provided that you notify us within ten days of your receipt of notice of the change (or prior to departure date if notified less than ten days prior). Note: From time to time, due to excessive demand, your motorcoach tour will operate in reverse order. This will not constitute a major change.
Cancellation for reasons attributable to Shamrock Express
In the event of complete cancellation by us, our only liability will be to refund all monies paid as full vacation certificates good for one year from original travel date.
*Washington Resident only:
If transportation or other services are canceled by us, all sums paid to us for services not performed in accordance with these Terms and Conditions will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned to you within fourteen days after cancellation by us unless you request we apply the money to another travel product and/ or date.
CAR RENTALS
A valid USA driver’s license is required to rent a vehicle while in Ireland. Rates posted include unlimited mileage, value added tax (V.A.T.) and Third party insurance only. Age restrictions apply to all drivers. Additional charges payable directly to the car hire company may include: additional driver(s) fees (other than the party whose name appears on the car hire voucher) additional insurance(s), counter, location fees, children’s car seats, GPS navigational system, state road tax and fuel.
INSURANCE
Shamrock Express strongly recommends that all travelers purchase some form of travel insurance with their Trip. Visit www.travelex.com for the cost and coverage for protecting your travel investment.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHAMROCK EXPRESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO INSURANCE COVERAGE PURCHASED THROUGH SHAMROCK EXPRESS. SHAMROCK EXPRESS DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN REGARD TO INSURANCE COVERAGE PURCHASED THROUGH SHAMROCK EXPRESS. It is the participants’ sole responsibility to research, evaluate and purchase appropriate coverage.
SEVERABILITY
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
HEADINGS
Headings are for reference purposes only and do not limit the scope or extent of such section.
ATTORNEYS FEES
If any act of law or equity, including any arbitration proceeding or action for declaratory relief, is brought to enforce, interpret or construe the provisions of these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.
DISPUTES: MANDATORY BINDING ARBITRATION, GOVERNING LAW, JURISDICTION, ETC.
These Terms and Conditions and the relationship between User and Shamrock Express will be governed by the laws of the State of Maryland without regard to its conflict of law provisions. Any dispute concerning, relating, or referring to these Terms and Conditions for services, our Terms of Use, Privacy Policy, Shamrock Express’ website or any literature or materials concerning Shamrock Express shall be resolved exclusively by binding arbitration held in Salisbury, Maryland and presided over by one arbiter from JAMS or another similar organization which specializes in the mediation and arbitration of disputes. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration the other party is entitled of costs of suit including a reasonable attorney’s fee for having to compel arbitration. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy shall act as a waiver of the moving party’s right to compel arbitration of any dispute.
Participant and Shamrock Express agree to submit to the personal jurisdiction of the federal and state courts located in Maryland with respect to any legal proceedings that may arise in connection with, or relate to, these Terms and Conditions. User and Shamrock Express agree to irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agrees not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (i) he, she or it is not subject personally to the jurisdiction of such court, (ii) the venue is improper, or (iii) this agreement or the subject matter hereof may not be enforced in or by such court. YOU RECOGNIZE AND AGREE THAT, BY PLACING AN ORDER FOR SERVICES FROM SHAMROCK EXPRESS, YOU AND SHAMROCK EXPRESS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY BINDING ARBITRATION PROVISION.
The failure of Shamrock Express to act with respect to a breach of these Terms and Conditions by you, or others, does not waive its right to act with respect to subsequent or similar breaches. Shamrock Express does not guarantee it will take action against all breaches of these Terms and Conditions.
