1.1 Not In The Guidebooks Limited, a company incorporated in England and Wales with registered company number 10554780 and registered office 1st Floor Healthaid House, Marlborough Hill, Harrow, Middlesex, England, HA1 1UD (“NITGB” “we” “us” or “our”) owns and operates the website, www.notintheguidebooks.com (the “Site”), subject to these terms and conditions of use (the “Traveller Terms”). Any future websites operated by us will also be subject to these Traveller Terms.
1.2 Not In The Guidebooks Limited is acting as an Agent facilitating the purchase of travel-related services between you and various local third party providers, who have been carefully selected and expressly identified on the Experiences, Adventures and Trips you are purchasing (“Service Provider”).
1.4 The use of the terms “using”, “Traveller” and “User” when used throughout these Traveller Terms shall refer to and include any person or entity that registers into the Site, purchases Tickets (as defined below) through the Site, and/or uses the Site in any other capacity.
1.5 “Activity Providers” shall be used to refer to the people or local operators (hosts) that have published details of leisure activities available for purchase through the Site (an “Activity”) and they will deliver the Activity to the Traveller. NITGB is acting as an Agent on behalf of these local operators.
1.6 The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates, and our Activity Providers. By using the Site and accepting these Traveller Terms you agree not to reproduce, duplicate, create derivative works from, distribute, publicly display, copy, license, sell or re-sell or otherwise exploit any content, software, products or services obtained from or through the Site without the prior express written permission of NITGB.
1.7 NITGB retains the right, in our sole discretion and without liability to you, to deny service or use of the Site to anyone, with or without cause, with or without notice and at any time. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time and NITGB will have no liability in respect of any interruptions in the availability of the Site suffered by you.
1.8 NITGB reserves the right at all times to discontinue or modify these Traveller Terms or any part thereof in our sole discretion, with or without notice. Any changes to these Traveller Terms will be effective upon our posting of the notice, provided that these changes will not apply to Tickets purchased prior to the effective date of such changes. These Traveller Terms were last updated on February [ ], 2017.
2.1 As a condition of your use of the Site, you agree that:
2.1.1 In order to book an Activity you must be at least 18 years and able to create a binding legal obligation;
2.1.2 Your use of the Site will at all times comply with these Traveller Terms;
2.1.3 You are not barred from receiving products or services under applicable law;
2.1.4 You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality;
2.1.5 You will only make legitimate purchases of Activities that comply with the letter and spirit of these Traveller Terms;
2.1.6 You will only make purchases on the Site for your own personal use and enjoyment, or as a gift for another person.
2.2 For avoidance of doubt, the resale of any purchased Activity is not permitted.
3.1 For the avoidance of doubt, NITGB do not provide the Activities. NITGB is merely a platform and acting as an Agent for Activity Providers to promote and provide Activities. All available Activity and pricing for Activities contained on the Site are subject to change at any time at NITGB’s sole discretion, without any notice.
3.2 The information available on the Site in respect of each Activities is the sole responsibility of each respective Activity Provider. The pictures related to the Activities on the Site are for illustration purposes only and may not necessarily be actual pictures of the Activity.
3.3 The specific terms of sale for each Activity, including the number of spaces available for purchase is the sole responsibility of the Activity Provider and NITGB shall have no liability for any misrepresentation on behalf of the Activity Provider. An Activity Provider may change the number of spaces available for an Activity, including during the sale period of such an Activity, at its sole discretion.
3.4 The performance of an Activity may be subject to a minimum number of participants and such an Activity may be cancelled if the minimum number of participants are not met.
3.5 NITGB shall have no liability and has not verified any reviews submitted by third parties in respect of Travellers who have previously bought and/or attended an Activity.
4 BOOKING AND PAYMENT OF AN ACTIVITY
4.1 Subject to an Activity Provider’s availability, Travellers may book any of the Activities published on the Site in which they are interested.
4.2 Payment for an Activity must be made through the Site and the Traveller accepts that payment may entail exchange costs.
4.3 Confirmation of booking of an Activity will be sent to the Traveller by email once payment has been received by NITGB and will constitute the ticket for that Activity (the “Ticket”). Such a Ticket purchased from the Site grants the Traveller a one-time right to participate in the specific Activity and presentation of the Ticket shall be deemed proof of purchase when shown to the Activity Provider.
4.4 Any Ticket shall be valid only for a specific Activity on a specific date represented by such Ticket and stated upon the sale of the Ticket. An invalid Ticket, including an unused invalid ticket, shall grant no rights whatsoever, including without limitation no right to a refund of any sort and no right of participation in any following Activity. The Traveller is solely responsible for using the Ticket on such date as is stated on the Ticket.
4.5 Any attempt to use the Ticket in contradiction to these Traveller Terms shall immediately invalidate the Ticket.
4.6 For sake of clarity, the Activity Provider alone is the provider of the relevant Activities, and such Activity Provider alone and shall be responsible for providing the Activity for which a Ticket was purchased.
5.1 If the Activity is flexible in terms of the date on which it is held, the Traveller may enquire to NITGB as to availability, giving NITGB their proposed dates and the number of participants.
5.2 NITGB shall contact the Activity Provider and discuss whether any Activity can be conducted on the date requested or an alternative date and respond to the Traveller within 72 hours of the initial enquiry, confirming whether the proposed dates are feasible, in which case the Activity Provider shall provide the Traveller with a link to book the Activity, or suggest alternatives dates for the provision of the Activity.
6 POLICY ON WEATHER CONDITIONS
6.1 If the Activity depends on certain weather conditions being met, and should these impede the Activity from being performed on the day on which the Ticket is booked, the Activity Provider must provide an alternative date for the Activity to be held. If it is not possible to set an alternative date or should this not be acceptable for the Traveller, the Traveller shall be entitled at the sole discretion of NITGB to a refund of the total amount paid for the Activity.
7 RIGHT TO WITHDRAW/ CANCELLATION
7.1 The Traveller may cancel a Day Experience Ticket without justification within 7 days of the date that the Ticket was booked, however there shall be no right to a refund for Tickets cancelled within 48 Hours of the date of the Activity. For Tickets cancelled within 7days but no later than 48 Hours before the Activity the Traveller will be entitled to a 50% refund on the price of the Ticket. If the Ticket is cancelled more than 7 days before the provision of the Activity a full refund will be given for the cost of the Ticket. For Multi-day Experiences these terms will allow for the following cancellation rules UNLESS specific cancellation policies are highlighted on the individual experience which will take precedence over these terms. 7.21 Trips cancelled more than 2 months before the departure date will forfeit 25% of the funds paid. Cancellations made between 30 days and 60 days of the departure date we will retain 50% of the tour cost paid. Cancellations within 30 days will not be entitled to any refund.
7.2 In order to cancel a Ticket, the Traveller must notify NITGB of their decision to withdraw from the Activity by e-mail to [email protected] NITGB shall refund the Traveller by the same means of payment used by the Traveller to book the Ticket.]
7.3 Without prejudice to any guarantees that the Activity Provider may offer the Traveller, NITGB reserves the right, at its sole discretion, to reimburse the price that the Traveller has paid for a Ticket if the Traveller is not satisfied with the Activity provided by the Activity Provider.
8 CANCELLATION OF ACTIVITIES BY ACTIVITY PROVIDERS
8.1 The Activity may be subject to cancellation by the Activity Provider in the following circumstances:
8.1.1 an event of force-majeure, being any delay in delivery of the Activity that is caused by any event or circumstance beyond the Activity Provider’s reasonable control;
8.1.2 where any minimum participation requirements described for the performance of the Activity are not reached; or
8.1.3 in accordance with clause 6 above,
NITGB shall, at its sole discretion, refund to the Traveller the full price paid for the Ticket.
8.2 If a Traveller books an Activity and the Activity Provider cannot deliver the Activity, the Traveller will be notified within 48 hours of booking and will be refunded the full purchase price for the Ticket.
9 USER CONTENT AND REVIEWS
9.1 The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, “User Content”) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time.
9.2 If you contribute any User Content, you represent and warrant to NITGB that:
9.2.1 you are the creator of the User Content;
9.2.2 the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy;
9.2.3 you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory, invasive of the privacy of another person or violate of any third-party rights.
9.3 NITGB shall have the sole and absolute right, to review, refuse to post and delete, any User Content.
10 OBLIGATIONS OF USERS
10.1 Travellers undertake to use the Site with the utmost diligence and in conformity with current law and regulation. In particular, Travellers shall observe the following rules:
10.1.1 to use and access the Site in accordance with these Traveller Terms;
10.1.2 to respect other Travellers and users of the Site and, in particular, not stalk, harass, coerce, or, in any other manner, bother any Travellers;
10.1.3 to attend any Activities purchased and not permit another person to use the Ticket other than where such a Ticket has been purchased as a gift in accordance with clause 2.1.6;
10.1.4 to maintain suitable behaviour during the performance of the Activity;
10.1.5 not impersonate the identity of any other Traveller or any other person in the use of the Site; and
10.1.6 not collect, process or store any personal data of other Travellers or third parties without complying with current data protection legislation.
10.2 Non-observance of the obligations in this clause 10 or any other provision of these Traveller Terms by Travellers may, at the sole discretion of NITGB, lead to the suspension of the Site, the removal of the Traveller from the Site and the cancellation of any Tickets purchased by that Traveller.
11.1 For the avoidance of doubt, the Activity Provider alone is the provider of the relevant Activities, and such Activity Provider alone shall be responsible for providing the Activity for which a Ticket was purchased.
11.2 The Traveller acknowledges and agrees that NITGB shall have no liability to the Traveller in respect of an Activity and the Traveller waives all claims against NITGB relating to the performance or non-performance of an Activity or any failure of the Activity Provider to act in accordance with the terms of the Activity or Ticket.
11.3 To the extent permitted under applicable laws, you release NITGB from any and all claims or liability related to any product or service of a Activity Provider, any action or inaction by an Activity Provider, including but not limited to any harm caused to you by action or inaction of an Activity Provider, an Activity Provider’s failure to comply with applicable law and/or failure to abide by the terms of an Activity offered on the Site or a Ticket and any conduct, speech or User Content, whether online or offline, of any other third-party.
11.4 NITGB shall not assume any liability whatsoever as a result of the early termination of an Activity by the Activity Provider whether due to inappropriate conduct by the Traveller or for whatsoever reason.
11.5 Nothing in these Traveller Terms shall limit or exclude NITGB’s liability for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable), fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979, defective products under the Consumer Protection Act 1987 (if applicable) or any matter in respect of which it would be unlawful for NITGB to exclude or restrict liability.
11.6 Subject to clause 11.5 NITGB shall under no circumstances whatsoever be liable to the Traveller, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Traveller Terms and NITGB’s total liability to the Traveller in respect of all other losses arising under or in connection with these Traveller Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid for the Ticket by the Traveller to NITGB for the Activity in which the event of liability arose.
12.1 You expressly agree that use of the Site and/or any designated link contained on the Site is at your sole risk.
12.2 None of NITGB, its subsidiaries or affiliates, any other member of NITGB or any of their respective employees, agents, merchants, third-party content providers or licensors or any of their officers, directors, employees or agents, warrant that use of the site and/or any designated link will be uninterrupted, secure, virus-free or error free, nor do they make any warranty as to:
12.2.1 the accuracy, completeness, fitness for any purpose, quality or reliability of the content on the site;
12.2.2 the performance of the Activities by an Activity Provider;
12.2.3 the descriptions of Activities on the Site or on Tickets; or
12.2.4 any User Content uploaded through the Site.
12.3 The Site and all User Content and other information contained on the Site are made accessible or available on an “as is” and “as available” basis.
12.4 To the extent allowed by applicable law, NITGB disclaims any and all representations, warranties and conditions, whether express or implied, as to the operation of the Site or the User Content or other information contained on the site, including, but not limited to, those of title, non-infringement, merchantability, suitability and fitness for a particular purpose, as well as warranties implied from a course of performance or course of dealing.
13.1 In the case of any complaints and claims derived from the use of this Site or the booking of any Activities, or in order to request further information on an Activity, a Traveller can contact NITGB via the e-mail address [email protected], or in writing to Complaints Manager 1st Floor, Healthaid House, Marlborough Hill, Harrow, HA1 1UD, UK.
14 OTHER WEBSITES
14.1 The Site may contain links to websites maintained by third parties. These links are provided solely for convenience to you and not because NITGB endorses or has an opinion about the content available on such websites. Additionally, links to the Site may be posted on third parties’ websites as part of our Referral Affiliate Program . We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
14.2 If you decide to access websites maintained by other parties, you do so at your own risk. You acknowledge that we do not review the websites to which we have links, and we are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource or any website that has posted a link to the Site.
15 FORCE MAJEURE
15.1 NITGB shall not be required to fulfil its obligations under these Traveller Terms to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from:
15.1.1 weather conditions or other elements of nature or acts of God;
15.1.2 acts of war or terrorism, insurrection, riots, civil disorder or rebellion;
15.1.3 quarantines or embargoes;
15.1.4 labour strikes;
15.1.5 error or disruption to major computer hardware or networks or software failures; or
15.1.6 other causes beyond the reasonable control of NITGB.
16 PERSONAL INFORMATION
16.1 NITGB may collect personal information from Travellers and use that personal information:
16.1.1 to provide Tickets;
16.1.2 to process payment for Tickets; and
16.1.3 unless the Traveller disagrees during the process of purchasing a Ticket, to give a Traveller information about similar services that NITGB provides. A Traveller may stop receiving this information at any time by contacting NITGB.
16.2 NITGB will only pass on a Traveller’s personal information to other third parties where the law either requires or allows it to do so.
17.1 A waiver of any rights or remedy pursuant to these Traveller Terms is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
17.2 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
17.2.1 waive that or any other right or remedy; nor
17.2.2 prevent or restrict the further exercise of that or any other right or remedy.
18 GOVERNING LAW
18.1 These Traveller Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
18.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Traveller Terms or its subject matter or formation.