This document sets out the terms and conditions that form the contract between the customer and Anthony Agnew trading as Irish Motorcycle Training. irishmotorcycletraining.com referred to in this document as Irish Motorcycle Training or IMT.
Unless agreed in writing by Irish Motorcycle Training, these terms & conditions will apply.
Irish Motorcycle Training may amend these terms and conditions from time to time and the conditions prevailing at the time a customer undertakes any course will prevail.
Booking and Payment
The acceptance of payment from the customer for any course offered by Irish Motorcycle Training and/or receipt by Irish Motorcycle Training of a completed customer booking form will constitute the point at which this contract is entered into by Irish Motorcycle Training and the customer. Irish Motorcycle Training reserves the right to decline any booking at its discretion with no reason being required to be provided.
Payment may be made by debit/credit card, cheque or PayPal (made payable to ‘Irish Motorcycle Training’) or cash.
Payment in full must be made before the commencement of any course unless otherwise agreed. Where Irish Motorcycle Training agrees for a deposit to be paid by the customer, the deposit will be non-refundable if a cancellation is made.
Gift vouchers are valid up to 12 months (the actual valid to date will be detailed on the voucher) from the date of issue and can be redeemed against training courses. Gift vouchers can be used as specified on the voucher or upgraded to any other training course offered by Irish Motorcycle Training for any additional cost. Gift vouchers are non-refundable in any part.
The customer agrees that his email/contact details (and those of any members in any group booking he is making a booking(s) for or connected with) will be added to Irish Motorcycle Training’s secure database. The customer agrees that from time to time, Irish Motorcycle Training may email or contact him with offers or other relevant information. The customer can unsubscribe/opt out from these emails by clicking on the relevant link in any email he receives.
Amendment and Cancellation
The customer may cancel any booking by informing Irish Motorcycle Training in writing 14 days prior to course commencement (via mail or email). Irish Motorcycle Training will acknowledge and confirm such cancellation within 7 days – until the customer has received this confirmation the original booking remains valid. An administration fee of €25 is levied against all refunds instigated or caused by the customer.
Irish Motorcycle Training may cancel the customer’s booking by giving the customer 14 days’ notice of any such cancellation and will then offer the customer either a refund or alternative dates.
Irish Motorcycle Training may cancel the customer’s booking for operational reasons (including adverse weather or unplanned fleet or personnel shortages) with less than 14 days’ notice (including on the date of the course’s commencement).
Where a course is cancelled the following table summarises the outcome:
|Time Scale||Customer Cancellation||IMT Cancellation|
|More than 14 days prior to course||Full Refund less €25 administration fee||A full refund or an alternative date within six months of the original date at the customer’s option|
|Between 7 and 14 days prior to course||50% Refund less €25 administration fee.||A full refund or an alternative date within six months of the original course date.
|Less Than 7 days prior to course||Course Fees Forfeit.||A full refund an alternative date within six months of the original course date.
Customers who cancel less than 7 days prior to the course will forfeit any course fees previously paid.
Customers who are late for the course may be excluded – no refund of the fee will be given.
The customer may request, more than 14 days in advance of any planned course commencement date, a transfer of the booking to another date within six months of the original date. Subject to course availability, Irish Motorcycle Training will agree to such a transfer and will notify the customer in writing of the new course date. Only one transfer may be made and the customer will be liable to pay any difference between the cost of the original course and the published cost of the course to which the transfer is being made. Failure to make any payment required prior to the commencement of the course will result in cancellation of the course without compensation to the customer.
No transfers will be permitted within 14 days of the planned commencement of any course unless agreed at the time..
Where Irish Motorcycle Training makes a booking for accommodation with any accommodation provider on behalf of a customer, the customer agrees to familiarise himself with that accommodation provider’s individual cancellation policy and accepts full responsibility and liability for any cancellation fees that apply as a result of the booking. The customer accepts that Irish Motorcycle Training will not be liable for any costs, etc., in respect of the accommodation provider being able or not being able to deliver any or all of its service(s).
Insurance & Driving
The customer must be aged 16 or over and hold a learner permit or a full licence for riding a motorcycle which is valid in Rep of Ireland (for the duration of the course) and for the category bike being used. The customer must produce the original licence for inspection before partaking in any course. No customer who has been disqualified from driving or has a conviction for any driving offence involving alcohol or drugs within the previous five years may partake in any course – no refund will be given.
The customer must inform Irish Motorcycle Training of any motoring conviction or offence which is pending at the time of the course.
The customer will be liable for any losses or additional costs incurred by Irish Motorcycle Training as a result of their failure to inform Irish Motorcycle Training of any relevant information in respect of the status of their driving license.
The Irish Motorcycle Training provides insurance cover in respect of third party road risks only. The customer agrees to co-operate in full with Irish Motorcycle Training in the event that any incident involving the customer occurs which is subject to any insurance claim. Such co-operation will include, but will not be limited to, the provision by the customer in a timely manner of a written statement in respect of any incident and the provision of any further information reasonably required by Irish Motorcycle Training or its insurers.
No personal accident insurance is provided by Irish Motorcycle Training and customers should consider purchasing such insurance.
The customer fully understands that motorcycle activities can be dangerous. Irish Motorcycle Training accepts no responsibility or liability for any loss, damage, personal injury or death to the customer whilst partaking in any course.
The customer will be liable for any losses or additional costs incurred by Irish Motorcycle Training where an insurance claim is made as a result of his/her actions while participating in training. Where a customer has 6 or more points or a serious driving offense e.g. drink driving, etc., on his licence, the insurance excess can be €1000 or higher.
During the course, the customer may be required to use public roads. The customer accepts full responsibility for his/her conduct during the course, including following the Rules of the Road and any legal requirements to ride a motorbike on a public road. The Customer is solely responsible for any liability/costs and for any penalty points/fines for speeding or similar that s/he incurs during the course or whilst using one of Irish Motorcycle Training’s motorcycles.
Irish Motorcycle Training supplies motorcycles and equipment to clients on the condition that the customer agrees to pay Irish Motorcycle Training for any costs (including debt collection costs) required to repair damaged caused by the client. The payment should be made within 7 days of receiving an invoice unless otherwise agreed in writing. If the customer damages the motorbike hired to him to the point of it being impossible to continue, then the training may be deemed by Irish Motorcycle Training to be over – no refund of the fee will be given.
Irish Motorcycle Training reserves the right to change or alter the course or event structure as it deems necessary. However, Irish Motorcycle Training will endeavour to maintain the same level of quality & value where applicable.
Customer Health & Fitness
The customer acknowledges that the courses provided by Irish Motorcycle Training can be physically demanding and require an appropriate level of fitness and good health.
The customer will, prior to the commencement of any course, inform Irish Motorcycle Training of any relevant medical conditions that could affect him/her or others whilst undertaking the course.
Motorcycle and Equipment Provision
Where included in the price paid by the customer, Irish Motorcycle Training will provide a motorcycle for the duration of the course. Every effort will be made to provide the customer with the model of motorcycle requested but Irish Motorcycle Training may substitute alternative models. Any motorcycle so provided will be road legal and have been checked by Irish Motorcycle Training prior to the commencement of the course. The customer must inform Irish Motorcycle Training immediately of any concerns relating to the operation of the motorcycle or any accident or incident that may affect the safe operation of the motorcycle.
Irish Motorcycle Training may provide, at the request of the customer, protective helmet, clothing and boots for the duration of the course. The provision of such equipment is complimentary. Irish Motorcycle Training accepts no liability or responsibility for any injuries that may occur from the provision or non-provision of these items.
Customer’s own motorcycle
Customers may only use their own motorcycle on a course where such use has been agreed in writing in advance by Irish Motorcycle Training. The customer will sign a suitable disclaimer in respect of the use of their own motorcycle and will be responsible for any loss or damage, to the motorcycle or to any other property or third party, by him/her or the motorcycle.
The customer must ensure that the motorcycle is taxed, with valid insurance covering the activities being undertaken on the course. Irish Motorcycle Training may refuse or withdraw the customer’s right to use their own motorcycle where it is not satisfied as to the condition of the vehicle or that valid insurance is in place – no refund will be made.
Irish Motorcycle Training will not be liable for any loss or damage to the customer’s motorcycle no matter how it is caused.
The customer is responsible for any costs of recovery or repair to their motorcycle whilst partaking in the course.
Minimum Equipment Standards
Any protective clothing, boots or helmet (EC2205 or equivalent) provided by the customer must be in good condition and Irish Motorcycle Training may refuse access to the course if such equipment (or its condition) does not meet its minimum standard or is not correctly used – no refund will be made.
Safety and Instruction
Motorcycling is an inherently dangerous activity. The safety of customers and staff is a priority for Irish Motorcycle Training and, therefore, each customer is required to comply with all safety guidance and any instructions given my Irish Motorcycle Training’s staff at all times.
Irish Motorcycle Training reserves the right to require any customer to leave the course or transfer to a different level of course if it believes that it is unsafe for him/her (or other customers who may be affected) to continue or if s/he persistently fails to follow instructions given to him/her by Irish Motorcycle Training’s staff. In the event that the customer is required to leave for such a reason no refund or alternative course will be offered.
Every customer has a duty to behave with due regard to the inherent risks of motorcycling and to mitigate such risks. In particular, the customer is expected to respect the requirement of Irish Motorcycle Training and other customers to enjoy a safe and well co-ordinated experience. Irish Motorcycle Training may require the customer to withdraw from the course where the customer’s behaviour is unsuitable (in particular, behaviour which is dangerous or disruptive and places at risk the customer’s own safety or the safety of others). Any damage to property or equipment as a result of inappropriate behaviour will be a liability of the customer and recovered from him/her.
The customer acknowledges that Irish Motorcycle Training will record details of the customer’s licence and other documentation and store personal details as part of its business. The customer authorises Irish Motorcycle Training to make such (paper and electronic) copies and to hold the copies and other personal information securely. The customer agrees that Irish Motorcycle Training may be required to pass this information to the Road Safety Authority to log course completion in accordance with legal requirements laid down by the Road Safety Authority.
The customer authorises Irish Motorcycle Training to make contact via email, phone and by letter in respect of any booking or proposed booking and to make the customer aware of Irish Motorcycle Training’s future courses and activities.
The customer agrees to not use any film footage taken other than for personal use – film footage must not be published in any medium, e.g. internet, etc., under any circumstances. The customer agrees to seek permission for filming from other people who may be present before any filming commences.
Irish Motorcycle Training shall not be liable under any circumstances for any loss, damage, costs or expenses suffered or incurred by the Customer (whether direct, indirect or consequential) arising from, or in any way connected with any course or its failure to provide or deliver the course or any part of the course. For the avoidance of doubt Irish Motorcycle Training does not exclude liability for death or personal injury arising from its own negligence.
All notices which are required to be given in accordance with this Agreement shall be in writing and may be delivered personally or by first class prepaid post to the registered office of Irish Motorcycle Training or the known home address of the Customer upon whom the notice is to be served or any other address that the party has notified the other party in writing, by email or facsimile transmission. Any such notice shall be deemed to have been served: if by hand when delivered, if by first class post 48 hours following posting and if by email or facsimile transmission, when that email or facsimile is sent
If any of the provisions of these Terms and Conditions shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws