STANDARD TERMS AND CONDITIONS AWAY WITH WINE LIMITED
These Terms and Conditions are the standard terms for the sale of wine tasting holidays and travel agency services via telephone and online by Away with Wine Limited, a company registered in England under company number 09368115 of Somerset House, 6070 Birmingham Business Park, Solihull Parkway, Birmingham B37 7BF (hereinafter referred to as ‘Away with Wine/We/Us/Our’).
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means, any day other than Saturday or Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of Our Website;
“Contract” means the contract for the purchase and sale of Services, as explained in Clause 5;
“Month” means a calendar month;
“Order” means your order for the Services, made via telephone or via Our Website;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 5;
“Pre-Contract Information” means information about Away With Wine, the Services, pricing, and your legal rights that We are required to provide under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which will be made available to you via our Website;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for the Services; and
“Website” means our website at www.awaywithwine.eu.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email, fax or other means.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Away with Wine Limited, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
3. Third Party Intellectual Property
3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
3.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given
4. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Away with Wine Limited or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
5. The Contract
5.1 These Terms and Conditions govern the sale of wine tasting holidays and travel agency services by Us, via telephone and via our Website and will form the basis of the Contract between Us and you. Before submitting your Order, you should ensure that you have read these Terms and Conditions and the Pre-Contract Information carefully. You may only purchase Services from our site if you are at least 18 years old.
5.2 Nothing provided by Us including, but not limited to, information given over the telephone, any part of the Website, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
5.3 A legally binding Contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.
5.4 Order Confirmations under sub-clause 5.3 will be sent to you before the Services begin and shall contain the following information:
5.4.1 confirmation of the Services ordered including full details of the main characteristics of those Services, including but not limited to details of the vineyards, accommodation and dining;
5.4.2 fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges; and
5.4.3 relevant times and dates for the provision of the Services.
6. Flights and ATOL
6.1 Our standard tour prices do not include the price of flights; flights, when required, must be arranged by direct contact with Away With Wine Limited, by phone or email, and will require additional payment.
6.2 Payment for flights must be made in full at the time the booking is made.
6.3 When we act as an agent when booking flights for you the terms and conditions applicable to the booking will be the terms and conditions of the flight operator. In particular, clauses 13 and 14 of these terms and conditions do not apply to the booking of flights.
6.4 ATOL: We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
7.1 You may change your Order at any time before We begin providing the Services by contacting Us. Requests to change Orders must be made in writing by email.
7.2 If we accept your change to your Order and your Order is changed (which will be confirmed by Us in writing by email) We will also inform you of any change to the Price in writing.
7.3 If you change your mind, you may cancel your Order at any time either before We begin providing the Services or, subject to limitations, once the Services have begun by contacting Us. Please refer to Clauses 13 and 14 for details of your cancellation rights.
7.4 We may cancel your Order at any time before We begin providing the Services in the following circumstances:
7.4.1 The required personnel and/or required materials necessary for the provision of the Services are not available; or
7.4.2 An event outside of Our control occurs at the time of the trip (please see Clause 12 for events outside of Our control).
7.5 If We cancel your Order under sub-Clause 7.4 and you have already made any payment to Us, the payment will be refunded to you within 14 Calendar Days. If We cancel your Order, you will be informed by telephone and/or email.
8. Price and Payment
8.1 The Price of the Services will be that on Our Website at the time of your Order.
8.2 If We offer a Special Price, the Special Price will be valid for the period shown in the advertisement. If the Special Price requires a promotion or voucher code and you are unable to provide a valid promotion or voucher code when making your Order, the Special Price will not be available to you. Orders placed during the validity period of a Special Price will be accepted at the Special Price even if We do not accept your Order until after the period has expired.
8.3 Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
8.4 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment from you.
8.5 A non-refundable deposit is payable if more than two months before commencement of provision of services, the balance is to be paid two calendar months before commencement of provision of services, and the total price is payable at booking if booked within two months of commencement of provision of services
8.6 We accept the following methods of payment:
8.6.2 Cheque sent by post;
8.6.3 Credit Card Payments by phone.
8.6.4 Online payments can be made in full by card via the away With Wine website.
8.7 We add a 2.5% surcharge for the use of credit cards.
8.8 If you do not make any payment to Us by the due date as shown on the Order Confirmation We may charge you interest on the overdue sum at the rate of 4% per annum above the base lending rate of The Bank of England from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment. You must pay any interest due when paying an overdue sum.
8.9 The provisions of sub-Clause 8.8 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.
8.10 We are a member of the TTA, membership number Q3329. This means that We are obliged to maintain a high standard of service by the TTA Code of Conduct and your holiday is financially protected. In the event of Our insolvency, the TTA will ensure that your holiday goes ahead unaffected or that any money you have paid is fully refunded. For more information please visit the TTA website at www.traveltrust.co.uk .
9. Providing the Services
9.1 We will begin providing the Services on the date agreed when you make your Order (which shall be confirmed in Our Order Confirmation). Please note that if you request that the Services begin within the statutory 14 Calendar Day cancellation (or “cooling-off”) period, your right to cancel may be limited or lost. Please see Clause 13 for your statutory cancellation rights.
9.2 We will make every reasonable effort to provide the Services in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our reasonable control occurs. Please see Clause 12 for events outside of Our control.
9.3 If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible. Depending upon the exact nature of the Services you require from Us, We may require information such as dietary requirements.
9.4 If the information you provide under sub-Clause 9.3 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.
9.5 In certain circumstances, for example where there is a delay in you sending Us information required under sub-Clause 9.3, We may suspend the Services (and will inform you of that suspension by telephone and/or email).
9.6 If the Services are suspended under sub-Clause 9.5 you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
9.7 If you do not pay Us for the Services as required by Clause 8 We may cancel the Services. If this happens, We will inform you by telephone and in writing by email. This does not affect Our right to charge you interest under sub-Clause 8.8.
10. Problems with the Services
10.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonable possible via telephone.
10.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonable possible and practical.
10.3 We will not charge you for remedying problems under this Clause 10 where the problems have been caused by Us, any of Our agents or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 9.4 will apply.
10.4 As a consumer, you have certain legal rights with respect to the purchase of services. We are, for example, required to provide the Services with reasonable care and skill. More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.
10.5 Any disputes arising out of, or in connection with the Contract, may be referred to arbitration under a scheme arranged by the TTA. Details of this scheme can be obtained from the TTA website at www.traveltrust.co.uk.
11. Our Liability
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable, which includes any subsequent trips you have arranged around our Services.
11.2 We provide Services for private purposes. We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
11.4 Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:
11.4.1 Breach of your right to title and quiet possession as implied by Section 2 of the Supply of Goods and Services Act 1982;
11.4.2 Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by Sections 3, 4 and 5 of the Supply of Goods and Services Act 1982; and
11.4.3 Our liability relating to defective products as set out in the Consumer Protection Act 1987.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: closure of a vineyard, winery or restaurant, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, death or serious illness of tour leader or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions or the Contract:
12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
12.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible.
13. Your Statutory Right to Cancel
13.1 As a consumer in the European Union you have a statutory right to cancel your Contract with Us up to 14 Calendar Days after the Contract between you and Us is formed (as explained in sub-Clause 5.3). You may cancel your Contract with Us for any reason under this right. If you wish to cancel your Order before receiving Our Order Confirmation or if you wish to cancel the Contract after receiving the Order Confirmation but before the Services begin, sub-Clause 13.2 will not apply.
13.2 As noted in sub-Clause 9.1, if you have requested that the Services begin within the 14 Calendar Day cancellation period your statutory right to cancel may be limited or lost. By requesting that the Services begin within the statutory cancellation period you acknowledge and agree that:
13.2.1 If the Services are fully performed within the 14 Calendar Day cancellation period, you will lose your right to cancel after the Services are fully performed.
13.2.2 If you cancel the Services after they have begun but are not yet complete (where applicable) you will be required to pay for the Services supplied up to the time at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that you have already paid shall be refunded subject to deductions calculated in accordance with the foregoing.
13.3 If you wish to exercise your right to cancel under this Clause 13, you must inform Us of your decision. You may do so in any way that is convenient for you. Please ensure that you inform Us of your decision to cancel before the period in sub-Clause 13.1 expires (note that the cancellation period is defined as whole Calendar Days. If, for example, you send Us an email or a letter by 23:59 on the final day of the cancellation period, your cancellation will be valid and accepted). We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions is available from Our Website at htttp://www.awaywithwine.eu/cancellation-form. Alternatively, please contact Us:
13.3.1 By telephone on 01752 662801 or 07866 472724;
13.3.2 By email on firstname.lastname@example.org; or
13.3.3 By post at Away With Wine, Somerset House 6070, Birmingham Business Park, Solihull Parkway, Birmingham, B37 7BF (we may require you to provide proof of posting).
13.4 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.
13.5 Refunds under this Clause 13 will be issued to you no later than 14 Calendar Days after the date on which you inform Us that you wish to cancel.
13.6 Refunds under this Clause 13 will be made using the same payment method you used when ordering the Services.
14. Cancellation After the Statutory Cancellation Period
14.1 If you wish to cancel the Services after the 14 Calendar Day cancellation period then we reserve the right to charge the full Price, as we will be making bookings on the basis of Our Contract with you. We may offer a partial refund, however this will be at our discretion. Depending on the date your cancellation is received you may be required to make further payments, up to and including the balance of the Price less the deposit paid under clause 8.5.
14.2 If you wish to exercise your right to cancel under this Clause 14, you must inform Us of your decision to do so. You may do so in any way that is convenient for you. We provide a cancellation form that you may use if you wish to inform Us in writing. The cancellation form and accompanying instructions is available Our website at http://www.awaywithwine.eu/cancellation-form. Alternatively, please contact Us:
14.2.1 By telephone on 01752 662801 or 07866 472724;
14.2.2 By email on email@example.com; or
14.2.3 By post at Away With Wine, Somerset House 6070, Birmingham Business Park, Solihull Parkway, Birmingham, B37 7BF (we may require you to provide proof of posting).
14.3 We may ask you why you have chosen to cancel and may use any answers you provide to improve Our services, however you are under no obligation to provide any details if you do not wish to.
14.4 Any refunds under this Clause 14 will be made using the same payment method you used when ordering the Services.
16. Communication and Contact Details
16.1 If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 01752 662801 or 07866472724 or by email at firstname.lastname@example.org.
16.2 For orders, payments and delivery please contact Us by telephone at 01752 662801 or 07866472724 or by email at email@example.com.
17.1 Away with Wine Limited may take and use audio or visual recordings and photographs of you for the following purposes:
17.1.1 To be displayed on Our Website
17.1.2 To appear in Our publications (including, but not limited to, marketing materials)
17.1.3 Newspaper or for general publicity purposes
17.1.4 Any similar campaign or related marketing
17.1.5 To appear on social media sites including, but not limited to, Facebook, Twitter, YouTube and Instagram.
17.2 If you have any concerns about or wish to opt out to audio or visual recordings and photographs being taken of you, please confirm this in writing prior to the trip taking place.
18.1 We make no warranty or representation that Our Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
18.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
18.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
18.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
19. Changes to the Facilities and these Terms and Conditions
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
20. Availability of the Website
20.1 The Website is provided “as is” and on an “as available” basis. We give no warranty that the Website or Facilities will be free of defects and/or faults. To the maximum extent permitted by law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
20.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
21. Other Important Terms
21.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
21.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
21.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
21.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
21.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
22. Governing Law and Jurisdiction
22.1 These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
22.2 Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.