Terms and Conditions
These terms and conditions form part of the Agreement which applies to all services provided from time to time by Flight Club Darts Limited / Flight Club Darts (Ireland) Limited (“Flight Club”) to its customer (“Customer”), to the exclusion of all other terms, express or implied, including any put forward by Customer, unless and to the extent that a separate agreement has been signed and entered into by both parties. All bookings are also subject to any additional booking/product-specific terms, which form part of the Agreement. Customer’s confirmation, in any form, that it wishes Flight Club to perform any services, or acceptance of any services from Flight Club, constitutes acceptance of this Agreement.
Operating Entity Details: Flight Club Darts (Ireland) Limited / Flight Club Darts Limited, operating at 35–36 Dawson Street, Dublin 2, D02 CR29, Ireland.
THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 8 (LIMITATION OF LIABILITY) AND, IF THE CUSTOMER IS A CONSUMER (AS OPPOSED TO A BUSINESS CUSTOMER), TO CLAUSE 11 (ADDITIONAL RIGHTS OF CONSUMERS).
1. Interpretation
1.1 Definitions:
- "Booking": Means the booking made by the Customer for the Services specified on the Booking Form.
- "Booking Form": Means the completed booking form specifying the Services to be provided, amounts payable, and other details.
- "Charges": Means the charges payable by the Customer for the supply of the Services in accordance with clause 5 (Charges and Payment).
- "Conditions": Means these terms and conditions as amended from time to time in accordance with clause 12.3.
- "Contract": Means the contract between Flight Club and the Customer for the supply of Services in accordance with these Conditions, comprising these Conditions and the Booking Form. In the event of any conflict or inconsistency between these Conditions and the terms set out in the Booking Form, the terms set out in the Booking Form will prevail.
- "Control": Has the meaning given in Section 433 of the Taxes Consolidation Act 1997 (Ireland), and the expression change of control shall be construed accordingly.
- "Customer": Means the person or firm who purchases Services from Flight Club.
- "Customer Default": Has the meaning set out in clause 4.2.
- "Data Protection Legislation": Means all applicable data protection and privacy legislation in force from time to time in the Republic of Ireland, including the General Data Protection Regulation ((EU) 2016/679) ("EU GDPR"), the Data Protection Act 2018 (Ireland), and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336/2011) as amended.
- "Event Date": Means the date of the event that is the subject of the Customer’s Booking.
- "Guests": Means all guests participating in or attending the Customer’s Booking.
- "Intellectual Property Rights": Means patents, copyright and related rights, trademarks and service marks, trade names, business names and domain names, goodwill and the right to sue for passing off, rights in designs, database rights, and all other intellectual property rights, in each case whether registered or unregistered, including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- "Services": Means the services supplied by Flight Club to the Customer as set out in the Booking Form.
- "Site": Means the Flight Club venue in Ireland at which the Services are to be provided, as specified on the Booking Form (including 35–36 Dawson Street, Dublin 2).
1.2 Rules of Interpretation:
- 1.2.1 A reference to an Act, statute, or statutory provision is a reference to it as amended, re-enacted, or replaced from time to time under the laws of Ireland or applicable EU law. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
- 1.2.2 Any words following the terms including, include, in particular, for example, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase, or term preceding those terms.
- 1.2.3 A reference to writing or written includes email.
2. Basis of Contract
- 2.1 A completed Booking Form constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
- 2.2 The Booking Form shall only be deemed to be accepted when Flight Club communicates acceptance of the Booking Form, at which point and on which date the Contract shall come into existence.
- 2.3 Any descriptive matter, promotional material, or advertising issued by Flight Club, and any descriptions or illustrations contained in Flight Club's brochures, social media, or websites, are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or have any contractual force.
- 2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
3. Supply of Services
- 3.1 Flight Club shall supply the Services to the Customer in accordance with the Booking Form in all material respects.
- 3.2 Flight Club reserves the right to amend the Services if necessary to comply with any applicable law or safety requirement, or if the amendment will not materially affect the nature or quality of the Services, and Flight Club shall notify the Customer in any such event.
- 3.3 Flight Club warrants to the Customer that the Services will be provided using reasonable care and skill in accordance with Irish law.
4. Customer's Obligations
- 4.1 The Customer shall:
- (a) Ensure that the terms of the Booking Form are complete and accurate;
- (b) Co-operate with Flight Club in all matters relating to the Services;
- (c) Provide Flight Club with such information and materials as Flight Club may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- (d) Comply with all applicable health and safety, licensing, and venue policies enforced at the Site, including statutory licensing requirements under Irish licensing law (e.g., age limits, guest behaviour, and alcohol service protocols).
- 4.2 Customer Default: If Flight Club's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation ("Customer Default"):
- (a) Flight Club shall, without limiting or affecting any other right or remedy available to it, have the right to suspend performance of the Services until the Customer remedies the Customer Default;
- (b) Flight Club shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from Flight Club's failure or delay to perform any of its obligations as set out in this clause 4.2; and
- (c) The Customer shall reimburse Flight Club on written demand for any costs or losses sustained or incurred by Flight Club arising directly or indirectly from the Customer Default.
5. Charges and Payment
- 5.1 The Charges for the Services shall be the amounts set out in the Booking Form or calculated in accordance with Flight Club’s rates in force on the Event Date. All prices are quoted in EU Euros (€).
- 5.2 Charges are inclusive of Value Added Tax (VAT) at the applicable Irish statutory rate, unless explicitly stated otherwise on the Booking Form.
- 5.3 The Customer shall pay each invoice or payment request submitted by Flight Club in accordance with the payment terms set out on the Booking Form. Time for payment shall be of the essence of the Contract.
- 5.4 If the Customer fails to make a payment due to Flight Club under the Contract by the due date, then, without limiting Flight Club's remedies under clause 10, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum. Interest under this clause 5.4 will accrue each day at the rate applicable under the European Communities (Late Payment in Commercial Transactions) Regulations 2012 (S.I. No. 580/2012).
6. Intellectual Property Rights
All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by Flight Club.
7. Data Protection
Both parties will comply with all applicable requirements of the Data Protection Legislation (including EU GDPR and the Irish Data Protection Act 2018). This clause 7 is in addition to, and does not relieve, remove, or replace, a party's obligations or rights under the Data Protection Legislation. Personal data provided as part of the Booking will be processed in accordance with Flight Club's Privacy Policy.
8. Limitation of Liability: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
- 8.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
- (a) Death or personal injury caused by negligence;
- (b) Fraud or fraudulent misrepresentation; and
- (c) Breach of terms implied by statutory consumer protection legislation under Irish law (including statutory rights under the Consumer Rights Act 2022, where applicable).
- 8.2 Subject to clause 8.1, Flight Club's total liability to the Customer in respect of all breaches of duty occurring within any contract year shall not exceed the total Charges paid by the Customer under the Contract.
- 8.3 Subject to clause 8.1, Flight Club shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
- (a) Loss of profits;
- (b) Loss of sales or business;
- (c) Loss of agreements or contracts;
- (d) Loss of anticipated savings;
- (e) Loss of or damage to goodwill; or
- (f) Any indirect or consequential loss.
9. Cancellation and Termination
- 9.1 Cancellation rights, fees, and timelines are as set out in the specific cancellation terms detailed on the Booking Form.
- 9.2 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
- (a) The other party commits a material breach of any term of the Contract and fails to remedy that breach within 7 days of being notified in writing to do so;
- (b) The other party takes any step or action in connection with its entering examinership, administration, provisional liquidation, liquidation, receivership, or any composition or arrangement with its creditors.
10. Force Majeure
Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from events, circumstances, or causes beyond its reasonable control (including acts of God, extreme weather, government action, industrial disputes, epidemic/pandemic, or failure of utility services).
11. Additional Rights of Consumers
- 11.1 This clause 11 applies only if the Customer is acting as a consumer (i.e., an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft, or profession).
- 11.2 Under Irish law (specifically Regulation 28(1)(h) of the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013), statutory 14-day distance cancellation rights do not apply to contracts for the provision of leisure services or catering to be provided on a specific date or period of performance. However, Flight Club will honour any voluntary cancellation terms specified on the Booking Form.
- 11.3 Nothing in these Conditions affects your statutory rights as a consumer under Irish consumer protection law, including the Consumer Rights Act 2022.
12. General
- 12.1 Assignment and other dealings: The Customer shall not assign, transfer, charge, subcontract, or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of Flight Club.
- 12.2 Entire agreement: The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them.
- 12.3 Variation: No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
- 12.4 Waiver: A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
- 12.5 Severance: If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
- 12.6 Governing Law: The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the laws of Ireland.
- 12.7 Jurisdiction: Each party irrevocably agrees that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.