terms & conditions (page 3 of 3)

"Lite beer is an invention of the Prince of Darkness." − Inspector Morse

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8. Our Liability to you

(1) Our obligations, and those of our suppliers providing any service or facility forming part of your Holiday, are to take reasonable skill and care to arrange for the provisions of such services and facilities and, where We or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. This means that, subject to these booking conditions, We will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements.

In addition and subject to the above, We will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work We had asked them to do (for agents and suppliers). Compliance with any applicable regulatory requirements (such as, for example, those relating to Health and Safety Legislation) will be proper performance of our, and our supplier's, obligations. You must show reasonable skill and care has not been used if you wish to make a claim.

(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: −

(3) Please note, We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by Us and We have not agreed to arrange them and any excursion you purchase on the tour. In addition, regardless of any wording used by Us on our website, in any of our brochures or elsewhere, We only promise to use reasonable skill and care as set out above and We do not have any greater or different liability to you.

(4) The promises We make to you about the services We have agreed to provide or arrange as part of our contract − and the laws and regulations of the country in which your claim or complaint occurred − will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.

(5) As set out in these booking conditions We limit the maximum amount we may have to pay you for any claims you may make against us. Where We are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount We will have to pay you is 500 GBP per person affected unless a lower limitation applies to your claim under this clause or clause 8(6) below. For all other claims which do not involve death or personal injury, if We are found liable to you on any basis the maximum amount We will have to pay you is the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 8 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation We will have to pay you will be limited. The most We will have to pay you for that claim or that part of a claim if We are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens convention for international travel by sea). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, We similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, We are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.

(7) Please note, We cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, We could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where We are responsible for them, our suppliers. Additionally We cannot accept liability for any business losses.

(8) You must provide ourselves and our insurers with all assistance We may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 10 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if We or our insurers want to enforce any rights which are transferred.

(9) Should you become ill while on Holiday, you must consult a local doctor and your GP upon your return to the UK. Should you then wish to make a claim against us, you should write to us with details of both the local doctor whom you saw and your GP, with written authority for us to obtain a medical report from both those doctors.

(10) If you suffer death, injury or illness whilst overseas arising out of an activity which does not form part of the inclusive travel arrangements arranged through us, We shall, at our discretion, offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided We are advised of the incident within 90 days. Where legal action is contemplated, our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign us any costs recovered or any benefits received under an appropriate insurance policy. Our costs in respect of the above on behalf of you and your party shall not exceed 5,000 GBP in total.

9. Force Majeure

Except where otherwise expressly stated in these booking conditions, We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 8(1) above) as a result of 'force majeure'. In these Booking Conditions, 'force majeure' means any event which We or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

10. Claims and Complaints

If you have a complaint whilst on holiday you must immediately bring it to the attentions of the relevant supplier who will do their best to rectify the situation (Please see your Travel Documents for contact details). If they are unavailable or unable to resolve the problem you should contact us on the emergency contact number. Most problems can be solved at the time, but if after you return home you still remain dissatisfied, a complaint must be made in writing to us within 28 days of returning home. All such complaints should be sent to:

BEER BUZZ tours, Customer Services, 15 Wellington Place, HEREFORD, HR1 1SN

Please note that failure to follow the above procedures, and/or failure to complain as set out above within 28 days of your return may reduce or extinguish any rights you have to claim compensation from us, or if, had you done so, you or We could have taken steps to reduce the loss or damage suffered or entirely prevented it from being suffered. It is difficult and sometimes impossible to properly investigate a complaint if We are not told about it during the holiday and reasonably quickly once the holiday is over. Your right to compensation may be reduced or extinguished should any delay in your complaint being notified during or after the holiday prevent us from carrying out a proper investigation.

In the unlikely event that any complaint cannot be settled amicably, you can refer a dispute to independent arbitration. Any such arbitration service provider must be agreed to by all parties involved in the dispute, however, no party shall be entitled to refuse any properly qualified arbitrator other than by reason of conflict of interest. A properly qualified arbitrator is defined as a member of the Chartered Institute of Arbitrators. If you decide to use this option you must give written notice asking for arbitration within 9 months of the scheduled date of returning from holiday.

11. Insurance

BEER BUZZ tours require that you take out adequate insurance for all of our tours. The minimum requirements are as follows:

(1) At least 2 million GBP of medical cover This includes an air ambulance to get you home, if necessary.

(2) At least 1,500 GBP baggage and belongings cover Policies often have a single item limit

(3) At least 3,000 GBP cancellation or curtailment cover Including prepaid excursions and the costs of getting you home (for example, if a close relative falls ill)

(4) Personal liability cover of at least 1 million GBP This covers any costs as a result of you injuring someone, or damaging their property

(5) A 24−hour emergency line and cover for legal expenses

(6) Membership of the Financial Ombudsman Service (FOS) If you have a dispute that you can't settle with the insurer, you can complain to the ombudsman for free. They can force the insurer to settle claims and pay compensation.

If you would require travel insurance to be provided as part of your package this will be included in your confirmation invoice.

12. Additional Terms Relating to Car Hire

Please note that when you add Car Hire to your package the Terms and Conditions of the supplier will apply. Ask Us for these details.

Data Protection and Privacy Policy

13. Privacy Policy

Below is our privacy policy which shall be deemed to be incorporated into these terms and conditions. Please read the following policy to understand how We will treat your personal data after it has been collected by us.

(1) When do We collect data?

We can collect data on you from a variety of different sources, including when you purchase products or services from Us.

(2) What do We do with your personal information?

When you buy anything from Us We may need to collect information about you to process the transaction, fulfil your order and provide you with the services you expect then and in the future. This information may include, but is not limited to, details such as your name, your address, your phone number and your card details.

(3) Unless We have your express consent We will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is of course subject to the proviso that We may disclose your data to certain permitted third parties, such as members of our own group, our own professional advisers who are bound by confidentiality codes, and when We are legally obliged to disclose your data.

(4) We may also use the information to process any transactions you undertake with us and for internal administration and analysis.

(5) We do not sell, rent or trade your personal information to third parties for marketing purposes without your express consent.

(6) For any of the above purposes We may send your information internationally including to countries outside the EEA. Some of these jurisdictions offer differing levels of protection of personal information, not all of which may he as high as the UK.

(7) Data

In the UK We operate in accordance with applicable data protection legislation.

(8) Consent

By disclosing your personal information to Us over the telephone or electronically, you consent to the collection, storage and processing of your personal information by BEER BUZZ tours in the manner set out in this Privacy Policy. Some information and emails sent to BEER BUZZ tours may be used as testimonials but no email address or contact details will be displayed.

(9) Contact

If you have any questions or concerns about the information We hold about you, you can also contact us.

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