Winerist Ltd. User Terms of Service
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.
1. ABOUT THESE TERMS AND CONDITIONS
1.1 These Terms of Service (as may be amended from time to time) set out the terms on which we provide all our services to you (whether directly or indirectly) including without limitation the basis on which we act as agent on behalf of any Partner. By accessing, browsing, and using any website maintained by us including without limitation the website at www.winerist.com and our social networking pages (together the “Website”) or communicating with us either by telephone, electronically and/or by completing a reservation, you acknowledge and agree to be bound by these Terms of Service.
1.2 Winerist may at any time without notice modify these Terms of Service. We will notify you of any changes to these Terms of Service either by emailing you (at the email address notified by you to us on the Website) or via posting a notice on the Website.
1.3 By continuing to use the Website after changes to these Terms of Service are made and notified to you, you agree to be bound by such changes.
1.4 You can review the most current version of our Terms of Service at any time by clicking on the "Terms of Service" link located at the bottom of the Website. The most current version displayed on that page will supersede all previous versions.
1.5 You accept that we have not selected or assembled your travel arrangements for you. Your accommodation arrangements are not a package and do not fall within the meaning given to such expression in The Package Travel, Package Holidays and Package Tours Regulations 1992.
2. INFORMATION ABOUT US
2.1 We operate the Website. We are Winerist Ltd., a limited company incorporated in England with registered number 07833335 and registered address at c/o 20 Air Street, London, W1B 5AN.
2.2 References to “Winerist”, “we” and “us” are references to Winerist Ltd. References to “you” are to the person accessing, downloading or using the Website, or the company or organization on whose behalf such person accesses, downloads or uses the Website.
3. SCOPE OF OUR SERVICE
3.1 The Website is an online platform through which you can search for, book and review temporary accommodation in the form of hotel and self-catering accommodation and additional services offered on the Website by our partners. When you book or reserve accommodation or any additional service, you contract by way of a direct legally binding agreement with the accommodation or service provider (the “Partner”). You do not enter into any form of contractual relationship with Winerist. Winerist acts solely as an agent on behalf of the Partner by providing the online platform which enables you and the Partner to transact business and through which you and the Partner are able to communicate and provide each other with certain information.
3.2 We use all reasonable endeavours to ensure that any information on the Website is correct and not misleading. However, all information is provided by our Partners and/or (in the case of user reviews, our users). Our Partners are responsible for updating the Website with offers, rates, availability and other information. We are not and will not be responsible for any inaccurate, incomplete, misleading, untrue or incorrect information displayed on the Website (including manifest and typographical errors) or for any interruptions (whether due to scheduled or unscheduled repair, upgrade or maintenance, any failure of the Website (whether or not our fault) or for any failure by a Partner to deliver the service for which you have contracted. You understand that we may not have conducted any quality or other checks on any Partner. The Website (and in particular any reviews by users) does not represent a recommendation, endorsement or guarantee as to quality, experience or value for money by us or any user.
3.3 We provide a currency convertor on the Website for your convenience. All prices converted into a currency other than the currency of the Partner are for guidance only and may be subject to variation between the date of booking and the date of payment. Please check the information on the relevant offer to discover what the applicable currency of payment for the offer is. We will not be responsible for any errors arising from the operation of the currency convertor.
4.1 To confirm a booking, you must be authorised to make the booking by all persons named on the booking and their parent or guardian for all party members who are under 18 when the booking is made. By making the booking, you are confirming that all persons named on the booking accept these Terms of Service and that you will inform the other persons named on the booking of the confirmation details and any other appropriate information. By making the booking you also become responsible for making all payments due under the booking.
4.2 Winerist will confirm your booking and issue you with an email confirmation / voucher. The Partner with which you enter into a contract will take payment upfront and in full upon confirmation of the booking. For reservations made offline and tailor made enquiries, Winerist may take a deposit as a guarantee with the rest of the payment settled with the Partner closer to the time of travel.
4.3 In the event that a Partner does not confirm a booking you will not be charged.
4.4 In the event that you call Winerist by telephone, or are called by Winerist regarding your booking, calls may be recorded for monitoring and training purposes. In the event of a dispute regarding a booking, Winerist reserves the right to review any call information.
5. CANCELLATION OF A BOOKING
5.1 As stated above, when you make a booking with a Partner, you enter into a contract with that Partner directly and not with Winerist. Your ability to cancel any booking and/or seek a refund if you fail to show up for any accommodation or service provided by any Partner (for any reason whatsoever) depends on the cancellation policy and/or no-show policy of the relevant Partner. Please ensure that you have reviewed the relevant cancellation policy and no-show policy prior to booking any accommodation or service through the Website. Partners may update their offers (including any applicable cancellation and no-show policies and terms and conditions) on a regular basis.
5.2 Should you wish to review, amend or cancel any booking, please follow the instructions set out in your confirmation email and refer to the applicable policies and/or terms and conditions of the relevant Partner. Please note that Winerist will not be able to provide or procure that any refund is paid or amendment made to a booking to the extent that a Partner is not obliged to provide any refund or make any amendment.
5.3 In the event that a Partner does not publish a separate cancellation policy, the Partner’s cancellation policy shall be deemed to be as set out in clause 5.4.
5.4 If you cancel:
(a) 7 days or more before a day tour, hotel booking or winery tour is due to commence you will receive a full refund of the price paid by you less any Paypal or Stripe fees as applicable; no refunds will be applied if the reservation is cancelled less than 7 days for these type of experiences.
(b) 30 days or more before the commencement of a multi day tour you will receive a refund of 50% less any Paypal or Stripe fees as applicable;
(c) within 15 to 29 days before the commencement of a multi day tour you will receive a refund of 30% less any Paypal or Stripe fees as applicable;
(d) if less than 15 days no refund will be given for multi day tours.
5.5 You can cancel any booking through the Website (and we will communicate such cancellation to the relevant Partner) except where:
(a) you are due to check in to your accommodation or provision of any booked services is due to commence in less than 7 days; or
(b) you wish to cancel your booking outside of the permitted cancellation period of the Partner.
5.6 In the event that a Partner cancels a booking or any part of a booking, or in the event of any unforeseen cancellation due to terrorism, natural disasters, political instability or other external events making it not viable or safe for the Partner to operate any element of a booking, Winerist in its sole and absolute discretion may suggest an alternative itinerary. In such circumstance you will be given a reasonable period of time to either (i) accept such amendment which will create a binding contract between you and the Partner in respect of the new itinerary, or (ii) request a full refund. We are not responsible for any incidental expenses that you may have incurred as a result of your booking.
5.7 We shall notify you in writing in the event that the Partner cancels a booking or any part of your booking. Cancellation of a booking or any part of a booking by a Partner shall be governed by the Partner’s cancellation policy. Winerist accepts no liability for any cancellation by a Partner.
5.8 All gift certificates, Winerist events and tickets to third party events (which for the avoidance of doubt includes local wine tasting but does not tours) are non-refundable.
6.1 We offer a price guarantee (the “Guarantee”) to our customers. Unless stated otherwise in relation to any particular offer, we guarantee to provide any accommodation or service listed on the Website at the cheapest rate offered by the relevant Partner. Please note that we may provide the same accommodation or service cheaper on the Website for a number of reasons (for example, on different dates, for different durations, different combinations of service or with different cancellation options). Accommodation and services offered on the Website are guaranteed to be cheaper than elsewhere on a like for like basis. This means that you may be able to find a cheaper room on a third party website than a room listed with the same hotel Partner on the Website. However, the rooms may be of a different class or the room on the Website may include additional or different services not offered with the room on the third party website.
6.2 Where you have purchased accommodation or service through the Website and have subsequently found the identical accommodation or service for the same dates more than £5.00 cheaper on a third party website (and such offer has been published on such third party website within 12 hours of your purchase on the Website), on production of evidence of the cheaper offer (including details of the offer and any applicable terms and conditions) we will refund to you the difference between the price you paid on the Website and the cheaper price. In our sole discretion, we will decide whether the relevant offers are identical and our decision will be final.
7.1 Unless stated otherwise on the Website or in any confirmation email received from the Website or from the Partner, all prices on the Website are displayed including VAT tax and all other applicable taxes (subject to change of such taxes. If you are unsure whether taxes are included in the price, please check with the relevant Partner to confirm whether additional local taxes are payable to the Partner at the time of arriving for the accommodation or service. For the avoidance of doubt, Winerist shall not be liable if the rate of any taxes change or if a Partner subsequently charges taxes in addition to quoted price.
7.2 In respect of some offers for accommodation and/or services we may list differing rates for the same offer on the same dates. The rates may take account of different standards of accommodation or service, different cancellation or refund policies or other reasons. Please ensure that you read the details of the offer carefully before booking with any Partner.
7.3 All payments are taken in the currency of the Partner as per your booking confirmation. Where prices are quoted in any other currency these are for guidance only and may be subject to variation between the date of making a booking and the date of payment (if such dates are not the same). We will not be responsible for any errors in relation to currency conversions or extra bank charges related to currency conversion.
8.2 Except for disclosures required by law, by any governmental body or by any court or tribunal of competent jurisdiction, and other than providing certain information provided by you (such as your name, address, email address and credit card details) to our Partners to facilitate a booking that you have made on the Website or via telephone or email, we will not disclose your personal information without your prior permission.
9. LIMITATIONS ON USE
9.1 You must be at least 18 years old to use the Website, or, if you are not at least 18, you may only use the Website in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not use the Website.
10. OUR CHARGES
10.1 Browsing the Website is free of charge. We may charge you a booking fee if you choose to make a booking with one of our Partners. If we charge a booking fee, this will be indicated clearly to you before you enter your card details. We try to make charges as clear and easy to understand as possible.
10.2 Our Partners may require credit card details in order to guarantee your reservation. Upon confirmation of a booking by a Partner, payment shall be made upfront and in full by means of a credit card, via the Paypal payment system or STRIPE.
10.3 Some of our Partners cannot accept debit cards due to the way that they operate. The Website may allow you to enter debit card details when you make a booking and you may receive an email from us confirming a booking made using a debit card. This does not mean that the booking has been accepted by our Partner. You should always contact the relevant Partner to confirm that the booking has been made and that your method of payment has been accepted.
10.4 We will send your credit card information directly to the Partner at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well. In order to safeguard and encrypt your credit card information when in transit to us, we use the "Secure Socket Layer (SSL)" technology for our services.
10.5 Winerist do not accept liability for any loss or damage or other sum or claim of any nature whatsoever (whether direct, indirect, consequential or otherwise) which arises directly, or indirectly, in connection with the Website including for the avoidance of doubt and without limitation, any use of information or material contained on the Website.
11. REVIEWING A PARTNER
11.1 After you have stayed in any accommodation or used any service offered by any Partner, we may invite you to review the accommodation or service (as applicable). Completing this review is optional.
11.2 The review may give you the opportunity to comment on matters including without limitation the quality of the accommodation or service, the location of the accommodation or service, the value for money of the accommodation or service.
11.3 You agree that Winerist is free to use any comments, information or ideas contained in any review you submit to Winerist (either by email or through the Website) without compensation, acknowledgement or payment to you for any purpose whatsoever. For the avoidance of doubt, all such information will be deemed by Winerist to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever including publishing such information on the Website as a review of the relevant Partner, using such review (or any part of it) in any marketing or publicity for the Website and improving the services we offer through the Website and/or the operation of the Website itself.
11.4 Reviews are published in our sole and absolute discretion and we reserve the right to remove, amend or paraphrase any review without notice and without giving any reason.
12. YOUR CONDUCT
12.1 By using the Website and/or making a booking with any Partner, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
12.2 You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service. You also agree not to:
(a) conduct or promote any illegal activities while using the Website or use the Website for any unlawful purpose;
(b) conduct or promote any commercial activities while using the Website or use the Website for any commercial purpose;
(c) upload, distribute or print anything that may be harmful to minors;
(d) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
(e) attempt to gain access to secured portions of the Website to which you do not possess access rights;
(f) impersonate any other person while using the Website;
(g) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
(h) resell or export the software associated with the Website;
(i) use the Website to generate unsolicited advertisements or spam; or
(j) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
13. BEFORE YOU TRAVEL
13.1 Winerist is not liable for damages or losses that may result from travel to any particular destination. The British Foreign and Commonwealth Office helps travellers stay safe overseas. Check the FCO website at www.fco.gov.uk/knowbeforeyougo (or the local equivalent in your jurisdiction) for the latest advice on conditions and general information concerning specific countries.
13.2 It is your responsibility to ensure you have the relevant travel and health documents before departure for the country you are visiting, which shall include, but is not limited to, any inoculations that may be required, ID's and passport. Winerist shall not be liable for any expense incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with requirements.
13.3 You are strongly advised to take out adequate travel insurance prior to arriving in your destination. It is your responsibility to check you have adequate insurance cover. The insurance should cover, amongst other things, the cost of cancellation by you, personal losses, all medical costs and the costs of assistance including return to the UK in the event of an accident or illness.
14. INTELLECTUAL PROPERTY
14.1 Winerist and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through them. The Website are protected by UK and international copyright and other intellectual property laws.
14.2 We permit you to use the Website for your own personal and non-commercial use only and Winerist grants you a limited license solely for that purpose. You are therefore not permitted to re-sell, re-publish, export, modify, reverse engineer, scrape, copy, display for commercial purposes, download, distribute, transmit or reproduce, any content, information, software, products, or services for any purpose or activity.
14.3 Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. Winerist reserve the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.
14.4 Winerist and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Winerist. They may not be used without Winerist’s prior express written permission.
14.5 All other trademarks not owned by Winerist that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Winerist.
15. ELECTRONIC COMMUNICATIONS
15.1 By using the Website and in particular in booking any offer with a Partner, you consent to receiving electronic communications and notices from Winerist and any Partner with whom you booked any offer.
15.2 You agree that any notice, agreement, disclosure or other communications that we or any Partner send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. NO WARRANTY & LIABILITY LIMIT
16.1 Winerist provides the Website "as is" and without any warranty or condition, whether express, implied or statutory. Winerist specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Winerist assumes no liability or responsibility for any errors or omissions in the Website or offers or promotions made available to you or on your behalf through the Website; any failures, delays or interruptions in the Website; any losses or damages arising from the use of the Website, including, without limitation, any damage to your mobile device; or any conduct by users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion.
16.2 In no event shall Winerist, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage. Winerist does not seek to exclude liability for death or personal injury caused by any negligence, or fraud or fraudulent misrepresentation on the part of Winerist. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
16.3 In using or accessing third party services, promotions and websites, (including those of our Partners) you agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
17.1 You agree to indemnify and hold Winerist, and each of its respective shareholders, directors, officers, employees, agents and Partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your violation of any law or the rights of any third party or these Terms of Service.
18.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Website, Winerist’s advertising or any related transaction between you and Winerist shall be governed by and construed in accordance with English law.
18.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
19.1 Winerist may change, discontinue, suspend or cease to provide the Website at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that you violate any of the terms and conditions set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease access to the Website.
20.1 These Terms of Service are agreed between Winerist and you. No other person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
20.2 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
20.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
20.4 Winerist will not be liable for any changes, cancellation, effect on your booking, loss or damage suffered by you or for any failure by any Partner or Winerist to perform or properly perform any of our respective obligations to you which is due to any event(s) or circumstance(s) if the non performance is caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and other unforeseeable causes beyond Winerist's control.
20.5 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
20.6 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms of Service without our prior express written consent.
20.7 These Terms of Service set forth the entire understanding and agreement between you and Winerist with respect to the subject matter hereof.