ROCHTAINE
GENERAL TERMS & CONDITIONS
Contract hierarchy
These General Terms apply only where expressly incorporated into a booking, rental or services agreement entered into by Rochtaine Limited and the Client (the “Booking Agreement”). The Booking Agreement, these General Terms and any schedules expressly incorporated into it form the “Agreement”. If there is a conflict, the Booking Agreement prevails, followed by a booking-specific schedule, and then these General Terms.
1. Parties and definitions
1.1 Rochtaine Limited, company number 698323, of Floor 5 and 6, The Malting Tower, Grand Canal Quay, Dublin 2, D02 HW27, Ireland, trading as “Rochtaine”, is “Rochtaine”, “we”, “us” or the “Host”.
1.2 “Client” means the contracting person or entity identified in the Booking Agreement. “Guest” means a person occupying a Residence or participating in Services. “Residence” means accommodation identified in the Booking Agreement. “Services” means accommodation, coordination, household, concierge or other services expressly agreed. “Supplier” means an independent third party providing a service connected with the booking.
1.3 Writing includes email and other written electronic communications where sender and content can reasonably be identified. An authorised representative may give instructions only within the authority granted by the Client.
2. Formation and scope
2.1 A quotation, proposal or provisional hold does not create a confirmed reservation unless the Booking Agreement says otherwise. A booking is confirmed when the conditions stated there, including any required signature and cleared funds, are satisfied.
2.2 Residence, dates, occupancy, price, deposit, included Services, check-in, check-out and minimum stay are those stated in the Booking Agreement.
2.3 Website descriptions, proposals, correspondence and discussions do not vary the Agreement unless a variation is confirmed in writing.
2.4 Where an agent, family office, employer or representative arranges a booking, the Booking Agreement should identify the contracting Client and any relevant authority.
3. Residence, occupancy and use
3.1 The Residence may be used only for the private residential purpose described in the Booking Agreement. Subletting, assignment, commercial use, ticketed activity, filming, events, parties or gatherings require prior written approval.
3.2 Overnight occupancy and daytime visitor limits are those stated in the Booking Agreement. The Client must provide information reasonably required for safety, access, insurance or legal compliance and must not exceed stated limits.
3.3 The Client is responsible for ensuring Guests and visitors comply with the Agreement and reasonable property, safety, security and neighbour-protection rules.
3.4 Hotel, golf, spa, dining, club, estate and other third-party facilities are not included merely because a Residence is located on or near them. Access exists only where separately confirmed in writing.
4. Check-in, check-out and access
4.1 Check-in and check-out times are stated in the Booking Agreement. Early arrival or late departure requires prior written approval and may carry an additional charge where stated.
4.2 The Client must keep the Residence reasonably secure and must not copy keys, codes or access devices. Reasonable replacement, call-out or security costs caused by loss or misuse may be charged.
4.3 Rochtaine or an authorised representative may enter on reasonable notice for inspection, maintenance or repair and without prior notice where reasonably necessary in an emergency or to protect persons or property.
5. Price, taxes and payment
5.1 Price, applicable taxes, payment schedule and accepted payment methods are stated in the Booking Agreement or invoice. Booking-specific financial terms prevail.
5.2 Unless otherwise stated, the Client is responsible for bank, foreign-exchange and payment-provider charges so that Rochtaine receives the invoiced amount.
5.3 Rochtaine may suspend unperformed discretionary Services or exercise contractual remedies for material overdue payment, subject to the Booking Agreement and applicable law.
5.4 Additional Services requested after booking are charged only as agreed or clearly communicated before commitment, except reasonable emergency expenditure under clause 9.5.
6. Security deposit and damage
6.1 Any security deposit, due date and return period are stated in the Booking Agreement. It may be applied against amounts properly due for damage beyond fair wear and tear, missing items, additional cleaning, replacement or repair and other properly evidenced costs caused by the Client, Guests or visitors.
6.2 Rochtaine will provide an itemised statement of deductions and supporting evidence where reasonably appropriate. If properly recoverable costs exceed the deposit, the Client must pay the balance within the stated invoice period.
6.3 Nothing permits a disproportionate, punitive or otherwise unlawful consumer charge.
7. Changes and cancellation by the Client
7.1 The cancellation and refund regime is the regime stated in the Booking Agreement. These General Terms contain no separate percentage cancellation scale.
7.2 Changes to dates, Residence, occupancy, scope or Services are subject to availability and written agreement. Material additional charges, Supplier cancellation costs or non-refundable commitments should be identified before a change is accepted where reasonably practicable.
7.3 Separately arranged Supplier Services are subject to the relevant Supplier cancellation terms. Rochtaine may pass through only charges and committed costs for which the Client is responsible.
7.4 Nothing removes a mandatory cancellation or refund right available under applicable consumer or travel law.
8. Cancellation, substitution and termination by Rochtaine
8.1 If the Residence becomes unavailable or materially inoperable for reasons outside Rochtaine’s reasonable control, Rochtaine may offer a reasonable substitute. The Client need not accept a materially different substitute.
8.2 If Rochtaine cancels accommodation and no agreed substitute is provided, amounts paid to Rochtaine for the cancelled accommodation will be refunded in accordance with the Booking Agreement and applicable law.
8.3 Rochtaine may terminate or suspend a stay for serious or repeated breach, dangerous or illegal behaviour, deliberate damage, materially excessive occupancy, an unauthorised event or refusal to comply with reasonable safety instructions. Rochtaine will act reasonably and proportionately and, where reasonable, allow an opportunity to remedy.
8.4 Refunds and recoverable costs following termination remain subject to applicable law and the Booking Agreement.
9. Services and Suppliers
9.1 The Booking Agreement or service schedule should identify Services Rochtaine provides itself and, where material, Services arranged through Suppliers.
9.2 Suppliers may include transport and aviation operators, activity providers, chefs, household staff, caterers, guides, wellness practitioners and other specialists. Their own terms, insurance, qualifications and regulatory responsibilities may apply.
9.3 Rochtaine’s legal role may differ by Service. Where Rochtaine acts only as agent or booking facilitator, that role should be identified. Where Rochtaine contracts as principal, it will not rely on an agency label to avoid responsibilities imposed by law.
9.4 Supplier failure does not release Rochtaine from responsibilities imposed on it by law. Equally, Rochtaine does not assume responsibility for a Supplier’s independent acts or omissions merely because it introduced or coordinated that Supplier, except to the extent Rochtaine is legally responsible.
9.5 Where immediate action is reasonably required to protect life, health, safety or property, Rochtaine may arrange proportionate emergency assistance without prior approval and will inform the Client as soon as practicable.
10. Activities, transport, vehicles and equipment
10.1 Activities, transport, aviation, vehicle hire and specialist equipment may be subject to separate Supplier terms, age or licence requirements, waivers and safety rules.
10.2 Clients and Guests must comply with reasonable safety instructions and must not participate where legally prohibited or where a competent Supplier reasonably determines participation would be unsafe.
10.3 Golf buggies, self-drive vehicles and similar equipment are available only where expressly confirmed and are governed by any applicable schedule. Availability does not confer access to a golf course, estate or other third-party facility.
11. Children and supervision
11.1 Unless expressly agreed in a specific written service arrangement, Rochtaine does not provide childcare, guardianship or in loco parentis supervision.
11.2 The Client remains responsible for appropriate supervision of minors and vulnerable persons by a parent, guardian, the Client’s own staff or a suitably engaged specialist Supplier.
12. Conduct and property care
12.1 The Client must take reasonable care of the Residence and contents and leave them in good condition, fair wear and tear excepted.
12.2 Smoking, vaping, pets, tanning products, noise, events, parking, pools, spas, fireplaces and other property-specific matters are governed by the Booking Agreement or property schedule.
12.3 Abusive, threatening, violent or illegal conduct towards staff, Suppliers, neighbours or other persons is prohibited.
13. Client information and insurance
13.1 The Client must provide information reasonably required to deliver agreed Services safely, including material dietary, allergy, accessibility or assistance requirements relevant to those Services. Rochtaine should not request information unnecessary for that purpose.
13.2 The Client should maintain travel, medical, cancellation, personal liability and personal-effects insurance appropriate to the booking. Where particular cover is mandatory, the Booking Agreement should identify it.
13.3 Rochtaine does not sell or recommend a particular insurance product unless expressly stated and lawfully authorised.
14. Liability
14.1 Nothing excludes or limits Rochtaine’s liability for death or personal injury caused by its act or omission where such liability cannot lawfully be excluded, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
14.2 Subject to clause 14.1 and applicable law, Rochtaine is responsible for loss caused by its failure to perform obligations undertaken under the Agreement with reasonable care and skill.
14.3 Rochtaine is not responsible for loss that was not reasonably foreseeable when the Agreement was made, for loss caused by the Client’s own breach or negligence, or for loss arising solely from the independent act or omission of a Supplier for whom Rochtaine is not legally responsible.
14.4 Nothing imposes on a consumer a burden of proof that applicable law places on Rochtaine, restricts legal remedies or excludes mandatory statutory rights.
15. Indemnities and business clients
15.1 A consumer Client is responsible for losses properly recoverable under applicable law and the Agreement but is not required to give an unlimited indemnity for matters outside the Client’s control.
16. Package travel and linked travel arrangements
16.1 Legal classification depends on the travel services selected, how and when they are combined, the contractual structure and applicable law.
16.2 Nothing in these General Terms contracts out of the Package Holidays and Travel Trade Act 1995, the European Union (Package Travel and Linked Travel Arrangements) Regulations 2019 or other mandatory travel-law protection where applicable.
16.3 If a booking constitutes a package or linked travel arrangement, mandatory information, responsibility, insolvency-protection and other requirements prevail over inconsistent contractual terms.
17. Personal data and privacy
17.1 Rochtaine processes personal data under a separate Privacy Notice made available at or before collection of relevant personal data.
17.2 The Privacy Notice should explain categories of data, purposes and lawful bases, recipients, international transfers, retention, rights and contact details.
17.3 Use of email or messaging platforms does not waive Rochtaine’s data-protection obligations. Clients should avoid sending unnecessary sensitive information through informal channels.
18. Complaints and assistance
18.1 The Client should raise material issues as soon as reasonably practicable so Rochtaine has an opportunity to investigate and, where appropriate, remedy them during the stay.
18.2 Complaints may be sent to info@rochtaine.com or the address stated in the Booking Agreement. This does not restrict statutory rights, limitation periods or legal remedies.
19. Notices and variations
19.1 Formal notices must be in writing and sent to addresses or email addresses stated in the Booking Agreement or subsequently notified in writing.
19.2 A material booking variation is effective only when agreed in writing. Ordinary operational instructions that do not materially vary price, duration, liability or scope may be agreed through written communications.
20. Governing law and jurisdiction
20.1 The Agreement is governed by Irish law.
20.2 Subject to any mandatory consumer right to bring proceedings elsewhere, the courts of Ireland have jurisdiction.
20.3 Nothing deprives a consumer of mandatory protections applicable under the law of the consumer’s habitual residence where those protections cannot lawfully be excluded.
21. General
21.1 If a provision is invalid or unenforceable, the remaining provisions continue to the extent permitted by law.
21.2 Failure or delay in enforcing a right is not a waiver.
21.3 Headings are for convenience. References to legislation include amendments and replacements.
21.4 The version supplied with, linked from or clearly identified in the Booking Agreement applies to that booking. Later website updates do not retrospectively alter an existing booking.