the small print
IMPORTANT LEGAL NOTICE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any tailor-made guided tours (Tours) listed on our website www.wheeler-tours.co.uk (the website) to you. Please read these terms and conditions carefully before making a booking from our site. You should understand that by making a booking you agree to be bound by these terms and conditions. If you refuse to accept these terms and conditions, you will not be able to make a booking with us.
INFORMATION ABOUT US
www.wheeler-tours.co.uk is a site owned and operated by Wheeler Tours, the trading name for Andrew Wheeler, whose trading address is Hamlet Court, Church Lane, Southampton SO45 1DL (referred to as “our”, “we” or “us”).
In these Terms and Conditions, the following words and phrases shall bear the following meanings: “Customer” means any person who accesses or uses or orders from the Website. “Deposit” means the amount paid in advance to secure your tour. “Tour” is as described on the Website. “Material” means data or information in any format, including without limitation text, images, photographs, graphics, video or sound material whether existing at the time of registration or not, published on the Website, whether copyright of ours or of a third party and which is communicated or transmitted to you in using the Website. “The Website” means www.wheeler-tours.co.uk.
1. By accessing or using or ordering from the Website you acknowledge and agree to be bound by these Terms and Conditions.
2. The entire liability and your exclusive remedy shall be, at our discretion, the refund of the cost of the Tour provided through this service.
3. By placing an order through our site, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4. After making a booking (placing an order), you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Tour.
5. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order and Deposit has been accepted (“Acceptance Confirmation”). The contract between us (Contract) will only be formed when we send you the Acceptance Confirmation.
6. We reserve the right to refuse an order in our absolute discretion, for any reason whatsoever.
7. You may cancel a Contract at any time within seven (7) working days, beginning on the date of the Contract (“Cancellation Period”). In this case, you will receive a full refund of the amount paid to us in respect of the Tour.
8. To cancel a Contract you must inform us in writing, by email or by post.
PRICE AND PAYMENT
9. Payment can be made by any method specified on the Website. We will take all reasonable precautions to keep the details of your order and payment secure but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
10. The price of your tour includes the hire of a guide, vehicle, and fuel costs. It does not include any other costs including (but not exclusively) travel to and from the UK, accommodation, travel insurance, meals, snacks or entrance charges. Payment for such items will be your responsibility.
11. These prices include VAT if applicable.
12. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Acceptance Confirmation.
13. Payment for all Tours must be by direct bank transfer into our account, the details of which will be sent to you when you book (as outlined at 4 above).
14. When we receive the Deposit we shall confirm this to you and if the order is accepted this will be accompanied by the Acceptance Confirmation, noted at 5 above.
15. We take your privacy seriously and are committed to safeguarding it.
LIABILITY – GENERAL TERMS
16. To the extent permitted by law we, and our agents or representatives, shall have no liability whatsoever to you for any direct, indirect or consequential loss or special loss or damage, cost or expense suffered or incurred by you (whether arising in tort, contract or otherwise, and whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual rights) caused by use of the Website, including the booking or taking of any Tour or services or from the negligence of our employees or agents or licensors, and whether asserted against us, the Website or against any third party in relation to its use. This shall include any such losses arising from the breakdown or failure of any vehicles used in respect of the Tour.
17.We do not make any representation or give any warranty, either express or implied:
17.1 in relation to any information, Tours or services offered, accessed, or obtained through the Website;
17.2 in relation to warranties of title, non-infringement of copyright or patent rights of others, merchantability, or fitness or suitability for any purpose;
17.3 for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which we have no control;
17.4 as to the suitability of the information and data on the Website for any particular purpose;
17.5 as to the accuracy of the description of any Tour;
17.6 that the information and data on the Website site is free of infection by computer viruses or other contamination.
18. Our liability to you shall be limited to refund of the cost of the Tour paid to us. These Terms and Conditions do not and shall not affect your statutory rights as consumers.
19. We do not endorse or in any respect warrant any third-party products or services by virtue of any advertisement, information, material, or content referred to, or included on, or linked from or to the Website or supplied through the Website, having been supplied to us by a third party.
20. Although every care is taken in the preparation of information supplied by the Website, we are not responsible for any loss suffered as a result of any action taken or refrained from being taken as a result of any information contained in the Website.
21. You are responsible for your luggage and personal effects at all times and we will not be liable for loss or damage to luggage or its contents.
22. If you cancel a Tour, an order having been accepted, no refund will be made to you by us. We, therefore, recommend that you take out full travel insurance, including cancellation insurance.
23. If we cancel the Tour, then we shall fully refund all payment(s) made for the Tour but will not be liable for any other costs, expenses or losses.
24. If Andrew Wheeler is unable to host the Tour you will be informed as soon as it is known and will be given three options: Continue with the Tour but hosted by another party if that can be arranged by us. The alternative host will be a Blue Badge Driver; or Cancel the Tour and receive a full refund of any amounts paid to us for the Tour; or Continue with the Tour but be responsible for your own car hire and travel programme.
TRADE MARKS AND INTELLECTUAL PROPERTY
25. All rights in “Wheeler Tours” and www.wheeler-tours.co.uk and content displayed on the Website are owned by or licensed to us and are reserved.
26. All Material other than that submitted by you on the Website is our property. Reproduction without our permission is prohibited.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
27. We reserve the right to vary or amend these Terms and Conditions at any time without notice. You should review these Terms and Conditions regularly as you will be deemed to have accepted a variation in continuing to use the site after it has been posted.
28. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Acceptance Confirmation.
EVENTS OUTSIDE OUR CONTROL
29. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
30. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
31. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
32. We each acknowledge that, by entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
33. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
34. We shall endeavour to provide constant, uninterrupted access to the Website but do not guarantee to do so and accept no responsibility or liability for any interruption or delay.
35. Smoking is prohibited in most enclosed public spaces in England and this prohibition will extend to the vehicle used for the Tour.
APPLICABLE LAW AND JURISDICTION
36. These Terms and Conditions are governed by the Laws of England and shall be subject to the jurisdiction of the English courts.
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