OUR TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 8.2;
(b) Order: Your order for the Services;
(c) Party: any persons on whose behalf You book Services for;
(d) Services: the services that We are providing to You as set out in the Order and in all cases including a tour;
(e) Terms: the terms and conditions set out in this document;
(f) We/Our/Us: Olga Ovenden Art Consultancy is a trading name of Untitled Tours Ltd (Co. Number 09121309), 29a High Street, West Wickham, Kent BR4 0LP, United Kingdom; and
(g) You/Your: The person booking the Services and any person on whose behalf the Services are book for.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. OUR CONTRACT WITH YOU
2.1 These are the Terms on which We supply Services to You.
2.2 Please ensure that You read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before You submit the Order. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.
2.3 When You submit the Order to Us, this does not mean We have accepted Your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply You with the Services, We will inform You of this in writing and if any monies have been paid they will be refunded to you.
2.4 These Terms will become binding on You and Us when We issue You with a written acceptance of an Order at which point a contract will come into existence between You and Us.
2.5 We shall assign an order number to the Order and inform You of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.
2.6 Upon submitting an Order You guarantee to Us that You have the authority to accept and do accept these Terms on Your own behalf and on behalf of all members of Your Party.
3. CHANGES TO ORDER OR TERMS
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in relevant laws and regulatory requirements; and
(b) where required by a third party.
3.2 If We have to revise these Terms under clause 3.1, We will give You at least 48 hours written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
3.3 We reserve the right to make minor changes to Your Services after the booking has been confirmed.
3.4 Once the contract has been entered into You will not be able to cancel an Order except as set out in clause 9.
4. PROVIDING SERVICES
4.1 We will supply the Services to You on the date(s) set out in the Order.
4.2 We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
4.3 We may have to suspend the Services if We have to deal with technical problems, or to make changes agreed between You and Us in writing to the Services. We will contact You to let You know in advance where this occurs, unless the problem is urgent or an emergency.
4.4 If You do not pay Us for the Services when You are supposed to as set out in clause 6.3, We may suspend the Services with immediate effect until You have paid Us the outstanding amounts (except where You dispute an invoice under clause 6.5). We will contact You to tell You this. This does not affect Our right to charge You interest under clause 6.4.
5. IF THERE IS A PROBLEM WITH THE SERVICES
In the unlikely event that there is any problem with the Services provided:
(a) please contact Us and tell Us as soon as reasonably possible; and
(b) please give Us a reasonable opportunity to remedy any problem.
6. PRICE AND PAYMENT
6.1 The price of the Services is set out in Our price list in force at the time We confirm Your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with You.
6.2 These prices include VAT, where applicable. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We reserve the right to adjust the rate of VAT that You pay.
6.3 Where We are providing Services to You, except where agreed otherwise, payment is required in advance for the Services. Your right to a refund on cancellation are set out in clause 9. Where it has been agreed in advance, We will invoice You for the Services on or any time after We have performed the Services. Each invoice will quote the Order number. You must pay each invoice in cleared monies within 7 calendar days at the date of invoice by electronic transfer.
6.4 If You do not make any payment due to Us by the due date for payment, We may charge interest to You on the overdue amount at the rate of 8% a year above the base lending rate of National Westminster Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
6.5 However, if You dispute an invoice in good faith and contact Us to let Us know promptly after You have received an invoice that You dispute it, clause 6.4 will not apply for the period of the dispute.
7. OUR LIABILITY TO YOU
7.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time we entered into this contract.
7.2 We shall not be liable for the following:
(a) any delays in the schedule caused by traffic and/or bad weather;
(b) loss or theft of personal belongings;
(c) delays caused by You or other participants;
(d) any losses incurred by You save for those specified in these Terms.
7.3 We do not exclude in any way Our liability for:
(a) death or personal injury caused by Our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
7.4 Except where We are prohibited by statute, in any circumstances where we are found to be liable and no exclusion is provided for by these Terms, Our liability shall be limited to the amount paid for the Order.
8. EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation technical problems with transport, 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, bad weather, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact You as soon as reasonably possible to notify You; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to You, We will restart the Services as soon as reasonably possible after the Event Outside Our Control.
8.4 If an Event Outside Our Control results in the Services being unavailable on the day specified in the Order then this contract shall be deemed cancelled in accordance with Clause 9.
8.5 You may cancel the contract if an Event Outside Our Control takes place and You no longer wish Us to provide the Services. Please see Your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues, or is likely to continue, for longer than 3 hours in accordance with Our cancellation rights in clause 9.
9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
9.1 Before We begin to provide the Services, You have the following rights to cancel an Order for Services, including where You choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to Your material disadvantage:
(a) Except for bespoke Orders, where an Order is made for one or two places, You may cancel any Order for Services provided that the cancellation is made more than 48 hours prior to the Services being provided. Where the Order is cancelled in accordance with this clause, We will refund any amount paid by You, less bank charges incurred by Us where applicable.
(b) Except for bespoke Orders, where an Order is made for three or more places, You may cancel any Order for Services provided that the cancellation is made more than 4 working days prior to the Services being provided. Where the Order is cancelled in accordance with this clause, We will refund 70% of these amounts to You, less bank charges incurred by Us where applicable.
(c) Where an order is bespoke, any cancellations must be made at least 7 working days prior to the Services being provided. A full refund will be provided less any reasonable expenses incurred by Us, which for the avoidance of doubt also includes any bank charges incurred by Us.
9.2 Once We have begun to provide the Services to You, You may cancel the contract for the Services at any time. Any payment You have made for Services will not be refunded to You.
9.3 Once We have begun to provide the Services to You, You may cancel the contract for Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within a reasonable period of You asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to Your material disadvantage; or
(d) We are affected by an Event Outside Our Control.
9.4 Any refund, regardless of the circumstances, will only be made to the source of the original payment and is always less bank charges incurred by Us where applicable.
10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 We may have to cancel an Order before the start date for the Services, due to the unavailability of key personnel or key materials without which We cannot provide the Services or because the minimum number of people required for the Services to be provided have not been met. If this happens:
(a) We will contact You as promptly as possible to let You know;
(b) If You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You.
(c) Where We have already started work on Your Order for Services, We will not charge You anything and You will not have to make any payment to Us.
10.2 Once We have begun to provide the Services to You, We may cancel the contract for the Services at any time. If You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You.
10.3 We may cancel the contract for Services at any time with immediate effect if:
(a) You have not arrived within 20 minutes of the start time specified in the Order;
(b) if in Our sole discretion we feel that You or a member of Your Party pose a risk to Yourself, themselves or a fellow participant; or
(c) Your behaviour or that of a member of Your Party is in Our sole discretion unacceptable; or
(d) Your actions or those of a member of Your Party are in Our sole discretion considered to be disrupting the enjoyment of other participants.
10.4 Where the Services are not provided or cancelled for the reasons specified in clause 10.3 no refund shall be provided.
10.5 Where the Services are not provided due to an Event Outside Our Control we shall only refund any monies recovered from a third party provider, less bank charges incurred by Us where applicable.
11. INFORMATION ABOUT US AND HOW TO CONTACT US
11.1 We are a company registered in England and Wales. Our company registration number is 09121309 and Our registered office is at Untitled Tours Ltd, 43 Mafeking Road, Walderslade, Chatham ME5 9HG, UK.
11.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 0203-4880388 and 07584624500 or by e-mailing Us at firstname.lastname@example.org.
11.3 If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract for services which We have started to provide), You can send this to Us by e-mail, by hand, or by pre-paid post to Untitled Tours Ltd at 43 Mafeking Road, Walderslade, Chatham ME5 9HG, UK or email us at email@example.com. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us in the Order.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 These terms and conditions set out the basis on which any personal data we collect from You, or that You provide to us, will be processed by us. Please read the following carefully to understand Our views and practices regarding Your personal data and how we will treat it. By visiting www.untitledtours.co.uk You are accepting and consenting to the practices described in this policy.
12.2 For the purpose of the Data Protection Act 1998 (the Act), the data controller is Olga Ovenden of Flat 8, 5 Wenlock Road, London N1 7SL.
Information we may collect from You
12.3 We may collect and process the following data about You:
(a) Information You give us. You may give us information about Yourself by filling in forms on Our site www.untitledtours.co.uk (Our site) or by corresponding with us by phone, e-mail or otherwise. This includes information You provide when You register to use our site, subscribe to Our service, search for a product, place an order on Our site, enter a competition, promotion or survey and when You report a problem with Our site. The information You give us may include Your name, address, e-mail address and phone number, financial and credit card information and personal description.
(b) Information we collect about You. With regard to each of Your visits to Our site we may automatically collect the following information:
(i) technical information, including the Internet protocol (IP) address used to connect Your computer to the Internet, Your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
(ii) information about Your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from Our site (including date and time); products You viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call Our customer service number.
(c) Information we receive from other sources. We may receive information about You if You use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, transportation providers, restaurants and other related sub-contractors) and may receive information about You from them.
Uses made of the information
12.5 We use information held about You in the following ways:
Information You give to us.
(a) We will use this information:
(i) to carry out Our obligations arising from any contracts entered into between You and us and to provide You with the information, products and Services that You request from us;
(ii) to notify You about changes to Our service;
(iii) to ensure that content from Our site is presented in the most effective manner for You and for Your computer.
(iv) To provide any necessary details to our subcontractors, suppliers and service providers.
Information we collect about You.
(b) We will use this information:
(i) to administer Our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
(ii) to improve Our site to ensure that content is presented in the most effective manner for You and for Your computer;
(iii) to allow You to participate in interactive features of Our service, when You choose to do so;
(iv) as part of Our efforts to keep Our site safe and secure;
(v) to measure or understand the effectiveness of advertising we serve to You and others, and to deliver relevant advertising to You;
(vi) to make suggestions and recommendations to You and other users of Our site about goods or services that may interest You or them.
Information we receive from other sources.
(c) We may combine this information with information You give to us and information we collect about You. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of Your information
(d) We may share Your personal information with any member of Our group, which means Our subsidiaries, Our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
(e) We may share Your information with selected third parties including:
(i) Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or You.
(ii) Analytics and search engine providers that assist us in the improvement and optimisation of Our site.
(iii) Credit reference agencies for the purpose of assessing Your credit score where this is a condition of us entering into a contract with You.
(f) We may disclose Your personal information to third parties:
(i) In the event that We sell or buy any business or assets, in which case we may disclose Your personal data to the prospective seller or buyer of such business or assets.
(ii) If Our or substantially all of Our assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
(iii) If We are under a duty to disclose or share Your personal data in order to comply with any legal obligation, or in order to enforce or apply Our terms and conditions and other agreements; or to protect the rights, property, or Our safety, Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store Your personal data
12.7 All information You provide to us is stored on Our secure servers. Any payment transactions will be encrypted. Where we have given You (or where You have chosen) a password which enables You to access certain parts of Our site, You are responsible for keeping this password confidential. We ask You not to share a password with anyone.
12.8 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do Our best to protect Your personal data, we cannot guarantee the security of Your data transmitted to Our site; any transmission is at Your own risk. Once we have received Your information, we will use strict procedures and security features to try to prevent unauthorised access.
12.9 You have the right to ask us not to process Your personal data for marketing purposes. We will usually inform You (before collecting Your data) if we intend to use Your data for such purposes or if we intend to disclose Your information to any third party for such purposes. You can exercise Your right to prevent such processing by checking certain boxes on the forms we use to collect Your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org.
12.10 Our site may, from time to time, contain links to and from the websites of Our partner networks, advertisers and affiliates. If You follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before You submit any personal data to these websites.
Access to information
12.11 The Act gives You the right to access information held about You. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet Our costs in providing You with details of the information we hold about You.
OTHER IMPORTANT TERMS
13. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.
14. You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
15. This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
16. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
18. These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.