ESSOR INC
BOOKING TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH ESSOR LIMITED ("US", "WE", "OUR") PROVIDES YOU ("YOU", "YOUR", "USER") WITH ACCESS TO AND USE OF THE WEBSITE LOCATED AT https://www.secrettours.com/ ("WEBSITE") TO BOOK TICKETS TO OUR TOURS. PLEASE READ THESE TERMS CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OUR WEBSITE OR TICKING THE "I ACCEPT ALL TERMS AND CONDITIONS" BOX, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO BOOK ANY OF OUR TOURS AND SHOULD NOT ATTEMPT TO USE THE WEBSITE.
1. About Essor Inc.
1.1 The Website is owned and managed by Essor Inc., trading as Secret Food Tours.
1.2 0We can be contacted by email at [email protected] or via the 'Contact Us' section of the Website..
1.3 By using the Website, you warrant that:
1.3.1 you are legally capable of entering into binding contracts;
1.3.2 you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms; and
1.3.3 you are at least 18 years old. If you are under the age of 18, you must ask a parent or guardian over the age of 18 to enter into these Terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person's use of the Website is at all times in accordance with these Terms.
2. About the Website
2.1 The information contained in this Website has been prepared solely for the purpose of providing information about the various tours offered on our Website from time to time ("Tours") and making online bookings for tickets to Tours ("Tickets") and must not be used for any other purpose.
2.2 We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
3. Use and access to the Website
3.1 By accessing the Website you will be assuming all risks associated with the use of this Website, including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via our Website or your access to it.
3.2 You will only use this Website for personal private use.
3.3 Availability of the Website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system.
3.4 We rely on third party providers (such as network providers, data centers and telecommunication providers) to make the Website and the content therein available to you. Whilst we take all reasonable steps available to it to provide you with a good level of service, you acknowledge and agree that we do not promise that the Website shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Website.
3.5 We shall be entitled at our own discretion to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the Website.
4. Orders and Payment
4.1 The published price of the Ticket ("Price") includes any applicable taxes but is exclusive of booking or collection fees. You shall be notified of the booking and/or collection fee on the payment page of the Website.
4.2 If you have a promotional or discount code ("Code"), you may enter it on
the relevant page of the Website prior to payment of your Tickets. We do not
warrant or provide any guarantees that your Code will be accepted by the
Website. If your Code is accepted by the Website, the Price will be adjusted
accordingly. A Code can only be accepted at the time an Order is made and
cannot be applied retrospectively.
*Discount codes exclude group and private bookings. Applicable only to
individual bookings unless otherwise specified.
4.3 Due to the nature of the business, you acknowledge and agree that the Price may be subject to change and variation from time to time. Any changes in the Price shall not be applicable to you once you have received Order Confirmation from us, save in the case of an obvious error.
4.4 In order to book and purchase Tickets to one of our Tours, you shall be required to follow the process on our Website and complete the relevant details we require to confirm purchase of your selected Tickets via the Website ("Order"). Group bookings for Tickets shall be treated the same as individual bookings. You will be asked to provide customary billing information such as name, billing address and credit card information either to us or our payment processor. You agree to pay for your Order by one of the methods described on the Website. You hereby authorize the collection of such amounts using the method selected by you through the Website, either directly by us or indirectly, via our payment processor. If you are directed to our payment processor, you may be subject to terms and conditions governing use of their service. Please review such terms and conditions before using the processing services.
4.5 Your Order constitutes an offer to us to buy Tickets. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail attaching your Tickets subject to the Order ("Order Confirmation"). The contract between us will only be formed when we send you the Order Confirmation ("Contract").
4.6 It is your responsibility to check the Tickets that are subject to your Order and we are under no obligation to rectify any mistakes once the Contract has been formed in accordance with clause 4.5 above.
4.7 We will not be responsible for any Tickets that are lost, stolen or destroyed. Tickets are e-mailed to the address you supply to us at the time of placing an Order. You are responsible for ensuring your e-mail address is accurate. We are not responsible for Tickets sent to incorrect e-mail addresses input by you.
5. Delivery
Tickets will be supplied by email. It is your responsibility to print the Tickets prior to the date of the event or show valid Tickets on your mobile device. You may not be admitted to the Tour without presenting a valid Ticket. We shall not be liable for any failure by you to print or show valid Tickets.
6. Refunds and Exchanges
6.1 Unless otherwise expressly stated in these Terms, you will not be able to cancel an Order after it has been accepted by us, nor are you entitled to a refund for any Tickets purchased by you, even if you are unable to attend the Tour. The cancellation rights contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to the sale of Tickets.
6.2 If the Tour is cancelled or rescheduled by us you will be entitled to a refund or credit of the Price, less any postage and/or card charges. Refunds must be claimed within 1 month from the date of the Tour. Credit is valid and must be used for up to 2 years from the original date of booking.
6.3 There will be no refund for lost or stolen Tickets.
6.4 We will notify you if a Tour is cancelled or rescheduled, but you acknowledge and agree that it is your responsibility to ensure you have entered the correct contact details so we can notify you. We will not be liable for any losses you incur as a result of supplying us with incorrect contact details (e.g. e- mail address or mobile number).
6.5 All Tickets are non-transferable.
7. Travel Insurance
We strongly recommend that you secure travel insurance to cover potential cancellations, delays, or unforeseen incidents that may arise during or affecting your Tour. This insurance should ideally cover medical emergencies, loss of personal belongings, and other travel-related mishaps. We will not be responsible for any unforeseen circumstances or losses, and any and all claims must be directed to your chosen insurance provider.
8. Conduct on a Tour
8.1 Our Tours may include admissions to third party venues, including restaurants and drinking venues ("Venue"). You shall comply with all policies, procedures and safety announcements in force on the Tour and at any Venue, including any security procedures in place from time to time. We shall not be liable for any loss or injury suffered by you caused by a Venue.
8.2 You are responsible for arranging all transportation to and from the Tour. We reserve the right to refuse you admission without a refund to any Tour or to eject you from a Tour for reasons including, but not limited to, late arrival, being (or appearing to be) under any specified age, abusive or threatening behavior, drunkenness, smoking in no-smoking areas, carrying offensive weapons or illegal substances, making unauthorized audio, video, or photographic recordings, or any other antisocial behavior or conduct deemed disruptive or inappropriate. This includes, but is not limited to, mistreating other Tour participants, hosts, our employees, violating local, prefectural, or national laws or regulations, and/or causing damage to Venue properties.
8.3 Our Website offers Tours around the world and consequently, food and drink laws will differ from country to country. It is your sole responsibility to ensure you comply with local laws when on Tours (e.g. legal age for alcohol consumption).
8.4 Tickets ordered through the Website are only for your personal use and that of your party. We reserve the right to cancel Tickets purchased if there is, or if we suspect there is, any resale, purported resale or attempted resale of Tickets. This includes but is not limited to Tickets being resold via internet auction sites. The holder of a resold Ticket may be refused entry or rejected from the Tour without refund.
9. Allergy and Dietary Considerations
It is your responsibility to proactively inform Venues and your assigned guide of any allergies or dietary requirements at the time of booking or well in advance of the Tour commencement. While we make efforts to accommodate known food allergies, the ultimate responsibility for your dietary choices lies with you, especially considering potential reactions or aversions. We cannot guarantee the absence of allergens in any food or drink provided and will not be held responsible for any allergic reactions that may occur.
10. Participation and Assumption of Risk
10.1 You acknowledge and confirm that your participation in any Tour is voluntary. You attest that you are in good health and do not have any physical or mental condition that could increase your risk of injury or disability during the Tour.
10.2 You fully recognize and accept the inherent risks associated with participating in the Tours. These risks include potential harm due to unfavorable weather conditions, food sickness, allergic reactions, exposure to other participants, motor vehicles, pedestrians, and conditions in public venues largely beyond our control. Understanding these risks, both apparent and concealed, you willingly assume all responsibility and liability for any injuries, consequences, losses, or damages that may result from your participation.
We process your personal data in accordance with all applicable data protections laws, as set out in our Privacy Notice.
11. Intellectual Property
11.1 This Website and its entire contents, features, and functionality, including but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by us and/or our licensors. Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from us to you, any intellectual property rights owned by and/or licensed to us (including content appearing on the Website) and all rights, title and interest in and to such intellectual property rights will remain exclusively with us and/or our licensors. These rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
11.2 The trademarks, logos, service marks, and trade names displayed on the Website or on content available through the Website are registered and unregistered trademarks owned by or licensed to us, protectable under United States and international laws. They may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. Nothing contained on the Website should be construed as granting any license or right to use any trademark without our prior written permission.
11.3 You are expressly prohibited from:
11.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any part of the Website;
11.3.2 removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to us; and
11.3.3 doing anything which may be seen to take unfair advantage of the reputation and goodwill of the Website or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us without first obtaining our written permission.
11.4 If you breach any of the provisions set forth in these Terms, your authorization to use our Website automatically terminates. You must then immediately destroy any downloaded or printed materials obtained from the Website. We further reserve the right to take appropriate legal action against any violators.
11.5 You agree to grant to us an irrevocable royalty-free worldwide license to use photos and videos taken on Tours in which you may appear. We have the right to reproduce, distribute, broadcast, exhibit, edit, digitize or in any other way use the photos and videos by any means and in any form of media, whether existing now or created later, without restriction worldwide, by incorporating the videos and photos into our Website, catalogs, books, brochures, magazines or any other publications, or any informational, commercial, promotional or advertising material (henceforth known collectively as the "Works"). You agree that we are and shall be the exclusive owner of all title, rights and interest in the photos, videos and the Works, including all intellectual property rights therein.
12. User Contributions
12.1 The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the terms and conditions set forth in these Terms.
12.2 By posting any User Contribution on the Website, you acknowledge and agree that such content is non-confidential and non-proprietary. You grant us, our affiliates, service providers, and each of our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose or according to your account settings.
12.3 You represent and warrant that you own or control all rights in and to your User Contributions. You also have the right to grant the above-stated license to us, our affiliates, service providers, and each of our respective licensees, successors, and assigns. You further represent and warrant that all of your User Contributions comply with these Terms.
12.4 We are not responsible or liable whatsoever to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Website. Additionally, we reserve the right to manage User Contributions at our sole discretion, including the removal or refusal of posts and taking any necessary actions in the event of violations or potential liabilities.
13. Data Protection
We process your personal data in accordance with all applicable data protections laws, as set out in our Privacy Notice. By using the Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Notice.
14. Disclaimer of Warranties
14.1 We use reasonable endeavors to ensure that the information contained on the Website is correct at time of being published. We reserve the right to make alterations.
14.2 Minimum of 2 guests required to proceed with scheduled Tours. We reserve the right to refund ticket, if that minimum is not met and Tour is cancelled.
14.3 All content published on the Website is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the content made available on the Website shall be at your own risk and we shall not be liable whatsoever for any loss which you may incur as a result of or in connection with your use and reliance of such content.
14.4 Links to third party websites may from time to time appear on the Website. These links, including those contained in advertisements, banner advertisements, and sponsored links, are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, products, or services of such third-party websites. Furthermore, we accept no responsibility for the availability, suitability, reliability, or content of these third- party websites and do not necessarily endorse the views expressed within them. Accessing third-party websites linked to our Website is done entirely at your own risk and subject to the terms and conditions of use for such websites. We shall not be liable for any loss or damage that may arise from your use of them.
14.5 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
14.6 YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
14.7 TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
14.8 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation of Liability
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process.
15.2 WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
15.3 THE MAXIMUM AMOUNT YOU CAN CLAIM FROM US IF YOU SUFFER LOSS OR DAMAGE THAT IS A FORESEEABLE RESULT OF OUR BREAKING THESE TERMS OR OUR FAILING TO USE REASONABLE CARE SHALL BE LIMITED IN THE AGGREGATE TO THE PRICE YOU HAVE PAID TO US UNDER YOUR CONTRACT OR IF NO PRICE HAS BEEN PAID, THE SUM OF ONE HUNDRED POUNDS STERLING (£100.00).
15.4 We do not exclude or limit in any way our liability for:
15.4.1 death or personal injury caused by our negligence or the negligence of our employees or subcontractors;
15.4.2 fraud or fraudulent misrepresentation; or
15.4.3 any other liability which cannot be limited or excluded under applicable law.
16. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO, YOUR USE OF THE WEBSITE, INCLUDING ANY USER CONTRIBUTIONS AND ANY UNAUTHORIZED USE OF CONTENT OR SERVICES; ANY MATERIAL OR INFORMATION, REGARDLESS OF THE POSTER, TRANSMITTED THROUGH YOUR ACCOUNT; YOUR PARTICIPATION IN ANY TOURS OFFERED THROUGH THE WEBSITE; AND ANY VIOLATION OF THESE TERMS BY YOU.
17. Events Outside Our Control
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by an Event Outside Our Control.
17.2 What We mean by an Event Outside Our Control. An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, failure of public or private telecommunications networks, cyberattacks, changes in laws or regulations, or economic sanctions.
17.3 If an Event Outside Our Control takes place that affects the performance of our obligations to you:
17.3.1 we will contact you as soon as reasonably possible to notify you; and
17.3.2 our obligations to you will be suspended and we reserve the right to cancel any Tours affected by the Event Outside Our Control.
17.4 We will refund or give credit to you the cost of any Tickets for Tours cancelled by us as a result of an Event Outside Our Control.
18. Variation of the Terms
18.1 We have the right in our sole discretion to revise and amend these Terms from time to time, including but not limited to making changes to reflect current market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.
18.2 All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
19. Governing Law
19.1 All matters relating to these Terms and the Website when accessed or used in the United States, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
19.2 Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware and County of New Castle although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms or the Website in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. General
20.1 Nobody else has any rights under these Terms. These Terms are between you and us, and they exclusively govern the relationship between you and us. No other person shall have any rights to enforce or challenge these Terms.
20.2 If a court finds part of these Terms invalid or unenforceable, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
20.3 Even if we delay in enforcing these Terms, we can still enforce them later. Such delay shall not be deemed a further or continuing waiver of such term or any other term. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
20.4. Only these Terms apply between you and us. These Terms and any document expressly referred to in them represent the sole and entire agreement between you and us in respect of your use of the Website and the booking of Tours and shall supersede any prior and contemporaneous agreement, understanding or arrangement between you and us, whether oral or in writing.
20.5 Must be minimum drinking age or older to join our Secret Wine Tastings and Secret Beer Tours.
