1. INTRODUCTION

These Terms set out the contract between the Lynch Resort Group trading as Holiday Ownership Ireland ("HOI") and each person who has the legal right to own, occupy or use in a Lynch Group resort or affiliated holiday accommodation and who applies or who has purchased a HOI scheme ("Owners" or "you").

RCI programmes or services offered to Owners through Holiday Ownership Ireland are subject to separate terms, conditions and costs and are available on request.

2. THE HOI PROGRAMME

Participation in the Holiday Ownership Ireland scheme entitles the owner to the use of a bedroom suite at designated HOI resort over a five year period. You are entitled to five weeks of accommodation during this period (35 nights). The minimum duration for a break is three nights at an individual resort, and you must use a minimum of one week (7 nights) in any year.

3. APPLICATION FOR OWNERSHIP

3.1 To become an Owner, you must be at least 18 years of age. We reserve the right to refuse any application and refund the purchase fee paid to the party from whom they were received in the event that the application is accepted. Acceptance of your ownership is effective from the time that we issue you with your ownership number and expires five years hence.

3.2 HOI will accept only one owner per scheme purchased. A second authorised name of an additional individual that lives at the same address may be assigned to the ownership for the purpose of making reservations. In the event of conflicting instructions, HOI will accept instructions from the owner in preference to the additional authorised individual. HOI will refuse any instructions received from any other third parties.

3.3 Payment for HOI ownership must either be received in full as a condition of membership or a direct debit mandate duly completed and activated. All payments may made to the West County Hotel (Ennis) Limited. If for any reason the direct debit mandate is not honoured, cancelled or withdrawn, HOI reserves the right to terminate membership with immediate effect.

4. BOOKING YOUR BREAK

4.1 You will have a total number of five weeks or 35 accommodation nights held 'on account' at the HOI booking centre based in Ennis, Co. Clare. As you use your allocation of nights, your balance reduces and an up to date balance is available by email request to hoi@lynchotels.com; you must quote your HOI ownership number for authorisation purposes.

4.2 The minimum booking is for 3 consecutive nights at a single location.

4.3 Bookings must be made no later than six weeks prior to the first night of accommodation for a given stay and is subject to availability. You may switch between HOI resorts and then minimum stay is 3 nights in any resort.

4.4 To book, you simply contact HOI booking centre based in Ennis, Co. Clare and quote your HOI ownership number and your preferred resort(s); HOI will then reserve your stay and confirm your reservation back to you.

4.5 Your HOI ownership may not be used for existing bookings.

5. USE OF RESORT SUITES AND FACILITIES

5.1 Owners and their guests must occupy and use any accommodation into which they have booked in a responsible, careful and secure manner. Owners are responsible for any damage caused by them, their guests or others staying with them and must comply with the resorts rules.

5.2 The total number of people (infants and children included) occupying the accommodation must not exceed the maximum occupancy of the unit set out in the booking confirmation; otherwise, the resort may refuse access or levy an additional charge. Owners accept the fact that accommodation at each resort may vary in unit size, design, fixtures, furnishings, amenities and facilities.

5.3 Owners are responsible for payment of any applicable personal expenses or charges levied by a resort on occupiers for the use of amenities and facilities there. This should be paid during or prior to your departure from the resort in question.

5.4 Resorts may, where necessary, allocate alternative accommodation to the unit confirmed provided it has at least the same maximum occupancy and is of similar overall quality.

6. CANCELLATION HOI RESERVATIONS

6.1 All cancellations must be received in writing from you or your designated authorised individual. Cancellations received 3 weeks or more prior to your date of arrival will entitle you to a full re-credit of your HOI ownership for the reservation in question. Cancellations received less than 3 weeks prior to your date of arrival will not entitle you to a re-credit of your HOI ownership for the reservation in question.

6.2 We can accept no responsibility if confirmed accommodation becomes unavailable due to any reason beyond our control, such as any natural disaster, act of God, civil unrest or government action. Where such circumstances beyond our control occur we reserve the right to cancel a confirmed booking. In these circumstances, we will offer you an equivalent alternative booking or refund the nights to your account.

6.3 HOI reserves the right to cancel a confirmed booking without refund, and or permanently cancel the Holiday Ownership Ireland contract, in the event of any misuse of the scheme (in particular, but without limitation, use for commercial purposes) or other breach of these Terms of Ownership.

7. COMMUNICATING WITH YOU

7.1 We will maintain all information pertaining to your HOI ownership and your guests in accordance with best practise and the Data Protection legislation. You may access this information at any time on written request. You may also veto our providing your information to 3rd party HOI partners whom from time to time may offer you products and services of potential interest to you.

7.2 We may also record or monitor telephone calls to and from HOI, without notification, for staff training and quality control purposes.

8. LIMITATIONS OF LIABILITY

8. Limitation of Liability

8.1 Where applicable, the terms and provisions of the Hotel Proprietors Acts, as amended, shall apply in respect of any claim.

8.2 Any claim for death or personal injury shall be made only against the Operator of a particular resort where the death or personal injury occurred.

8.3 Any other claim for loss or damage howsoever arising:-
(a) must be made in writing to the Lynch Hotel Group within 30 days of the alleged event; and
(b)shall be limited in compensation to an amount not exceeding the amount paid in the purchase of the HOI Scheme of the member under which the booking was made; and
(c)no claim for consequential loss howsoever arising shall be made against Lynch Hotel Group.

8.4 HOI shall not be responsible for any acts or omissions of any third party in providing programmes or services at the particular resorts.

8.5 Nothing in these terms and conditions shall affect or diminish any person’s statutory rights.

9. VARIATIONS

9.1 These Terms of Ownership, the HOI scheme, and HOI procedures and conditions for booking breaks may be changed by HOI from time to time. Owners will be notified of any such changes in by letter and no such changes will take effect until they have been so published.

9.2 The Holiday Ownership Ireland scheme covers nominated resorts within the Lynch group. These resorts may change from time to time. You will be notified of any such changes in writing

10. TERMINATION

10.1 We may terminate or suspend your Ownership and or cancel any outstanding confirmed bookings if any of the following occur:
(a) you fail to comply with any of these Terms of Ownership;
(b) you fail to pay any sums due to HOI, resorts, or affiliated resort or any other party in connection with a break taken under the HOI scheme.

10.2 We may cancel any outstanding confirmed bookings if the Resort at which you have booked ceases to be part of the HOI scheme.

10.3 On termination, we will refund the value of unused nights. This is calculated on a pro rata basis as a proportion of the initial purchase price and is limited to a maximum of fifty percent of the total number of nights included in the contracted scheme.

10.4 In the event that termination is due to your failure to pay any sums due or to comply with these Terms of Ownership, you will be entitled to a maximum of fifty percent of the refund calculated in clause 10.3 of these terms.

11. GOVERNING LAW AND DISPUTES

These Terms of Ownership shall be governed by and construed in accordance with the laws of Ireland, wherever the point of purchase. HOI and the Owner agree that the Irish courts shall have jurisdiction to resolve any disputes that arise in connection with these Terms of Ownership.