Terms & Conditions of Business.
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Tours and gift vouchers are provided online or at Our places of business and sold by Us in person, via telephone or through kindakafe.org and any website address variant owned by Us that redirects to it (“Our Website”). Please read these Terms and Conditions carefully and ensure that You understand them before purchasing any Tours or gift vouchers from Us. These Terms and Conditions govern the basis on which You will be sold Tours and gift vouchers, and how Customers must conduct themselves during a Tour. Terms and Conditions, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Tours, as explained in Clause 8.3;
“You/Your” means the person or business that has purchased a Tour or gift voucher from Us;
“Customer(s)” means any person who has purchased, won, been booked to attend or has attended a Tour, either as the primary booking holder or as part of a booking;
“Booking” means Your booking for a Tour at the time, date and location shown on Your Booking Confirmation;
“Booking Confirmation” means Our email acceptance and confirmation of Your Booking which also acts as Your ticket for Your Tour;
“Employee(s)” means any person authorised to act on behalf of the company whether a contractor, permanent employee of the company or not;
“Tour(s)” means Hidden History of Norwich Tour(s), guided tour experiences in whatever format or location that it is made available by Us to You;
“We/Us/Our” means the Missing Kind charity (Registration Number: 1156133) and a registered company in England and Wales (Registration Number: 08811281) and/or Pop Up Enterprises CIC a registered company in England and Wales (Registration Number: 09911767)
2. Information About Us
2.1 Hidden History of Norwich Tours is owned by Pop Up Enterprises CIC a registered company in England and Wales (Registration Number: 09911767) and operated in partnership with the Missing Kind charity (Registration Number: 1156133) and a registered company in England and Wales (Registration Number: 08811281).
2.2 Our Website, kindakafe.org and any website address variant owned by Us that redirects to it, are owned and operated by the Missing Kind charity (Registration Number: 1156133) and a registered company in England and Wales (Registration Number: 08811281).
3. Access To and Use of Our Website
3.1 Access to Our Website is free of charge.
3.2 It is Your responsibility to make any and all arrangements necessary in order to access Our Website.
3.3 Access to Our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Website (or any part of it) at any time and without notice. We will not be liable to You in any way if Our Website (or any part of it) is unavailable at any time and for any period.
4. Booking Responsibility for Tours
4.1 Bookings can only be made via the online booking system on Our Website, by telephone or in person at Our business premises. You are entirely responsible for checking that the details of Your Booking are correct on Your Booking Confirmation.
4.2 Your Tour is a live event with a scheduled start time and You are responsible for ensuring that all of your party arrive by the time stated on Your Booking Confirmation. Tours will not be delayed for late arrivals, and allowing late arrivals in after Tours have begun is entirely at Our discretion and may not be possible at some sites.
4.3 If none of Your party has arrived 15 minutes after Your booked Tour start time, this will be treated as a no-show. In the event that Your party arrives after 15 minutes You may at Our discretion be offered the remainder of Your booked Tour as an alternative to cancellation. No refund is available for no-shows, although We may at Our sole discretion offer to reschedule Your Tour or issue a voucher that allows You to rebook at a later date, subject to a £10.00 late cancellation fee. Any such offer will automatically lapse 48 hours after being made if not taken up by You in that time.
4.4 It is Your responsibility to make Your way to Our business premises to attend Your Tour at the time and location stated on Your Booking Confirmation. We do not provide parking or other travel facilities and any travel information provided on Our Website is only done so as an aid to planning Your visit. We cannot be held responsible for any failure of transport arrangements that result in Your booking being a late start or no-show.
5. Business Customers
5.1 These Terms and Conditions equally apply to Customers purchasing Tours or gift vouchers in the course of business.
6. Rules of Conduct for Tours
6.1 Tours contain Our intellectual property and You are not permitted to use this in any way without Our written consent. You accept that any such disclosure or use by You or Your party may constitute an infringement of Our intellectual property rights.
6.2 While on Our premises You agree to conform to Our policies and procedures, adopt generally acceptable standards of behaviour, and cooperate with Employees at all times and to ensure that Your party does the same. We also do not tolerate any kind of bullying or harassment towards Employees and reserve the right to remove from Tours and Our premises any person who is violent, abusive, threatening or disruptive or whose behaviour is causing distress to Employees or other Customers, with no refund for booked or partially attended Tours.
6.3 For the safety of customers, Employees and the historic buildings in which we operate, persons significantly under the influence of alcohol or drugs are not permitted to attend Tours. If the majority of Your party arrives for their game significantly under influence of alcohol or drugs then entry may be refused by Employees and Tour may be cancelled entirely with no refund.
6.4 You agree not to enter Our premises under the influence of alcohol or drugs. If You or any member of Your party are observed to be under such influence, Employees shall have the power, authority and consent expressly granted by You to remove those intoxicated Customers from Our premises without any compensation, remedy or damages. We reserve all rights and authority to take the necessary legal action to ensure Our reputation remains intact and guard against any risk or harm towards Our business. All losses, damages or legal costs derived from such incident shall be solely borne by You.
6.5 You agree not to permit any dangerous, harmful or hazardous object to be carried into Our premises including, but not limited to, sharp objects, explosive items, weapons or item deemed to be dangerous or harmful to Employees or other Customers. In the event that such item or object is found, Employees shall have the power, authority and consent expressly granted by You to remove and confiscate such item for the duration of Your Booking, or to remove You or the person carrying the item from Our premises without any compensation, remedy or damages.
6.6 You are required to wear suitable attire including but not limited to footwear and clothing to attend Your Tour. Our Tours take place in unusual locations that are often unheated and dusty environments with uneven floors, so You should wear suitable flat shoes, clothing that You don’t mind getting a bit dirty, and warm clothing, hats and gloves on cold days.
7. Tours, Pricing and Availability
7.1 Customers may only purchase Tours and gift vouchers if they are at least 16 years of age.
7.2 We make all reasonable efforts to ensure that all general descriptions of Tours available from Us correspond to the actual Tours that will be provided to You, however the exact nature of Tours may vary at any time.
7.3 We neither represent nor warrant that Tours will be available at all times and cannot confirm availability until confirming Your purchase. Availability indications are provided on Our Website, however such indications may not take into account bookings that have been placed by other customers during Your visit to Our Website.
7.4 We make all reasonable efforts to ensure that all prices shown on Our Website are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any purchase that You have already placed.
7.5 Only one discount, voucher or offer can be used per Tour purchase, with the sole exception of eGift Vouchers that have been purchased online via Our Website and can be used as payment in addition to any other type of discount, voucher or offer.
7.6 In the unlikely event that We have shown incorrect pricing information, we will contact You in writing to inform You of the mistake and to ask You how You wish to proceed. We will give You the option to purchase a Tour at the correct price or to cancel Your purchase. We will not proceed with processing Your Booking until You respond. If We do not receive a response from You within 48 hours, We will treat Your Booking as cancelled and notify You of the same in writing.
7.7 In the event that the price of a Tour You have booked changes between Your Booking being placed and taking place, You will be charged the price shown on Our Website at the time of placing Your Booking. If You subsequently add additional people to Your booking, the additional people will be charged at the price in force at the time of adding the additional people.
7.8 A booking fee of 5% of the total value of Your Booking is charged for all Tours and gift vouchers booked on Our Website. Bookings fees are non refundable.
8. Booking and Cancellation of Tours
8.1 Our Website will guide You through the booking process. Before submitting Your Booking to Us You will be given the opportunity to review Your Booking and amend any errors. You are responsible for ensuring that You have checked Your Booking carefully before submitting it and for checking Your Booking Confirmation.
8.2 In the event that you need to reschedule or cancel Your Booking we require 7 days notice prior to Your booked Tour start time via the contact details shown on Your Booking Confirmation. Opportunities to reschedule Tours are subject to booking availability. We do not guarantee that a suitable alternative time will be available for You. If You decide to cancel instead then we will issue a voucher that allows You to rebook at a later date, no cash refund will be given. Booking fees are also non refundable. In the event that unforeseen circumstances occur and You contact us within 7 days of Your Booking We may at Our sole discretion offer to reschedule Your Tour or issue a voucher that allows You to rebook at a later date, subject to a £10.00 late rearrangement fee. Any such offer will automatically lapse 48 hours after being made if not taken up by You in that time.
8.3 No part of Our Website constitutes a contractual offer capable of acceptance. Your Booking constitutes a contractual offer that We may accept at Our sole discretion. Our acknowledgement of receipt of Your Booking does not mean that We have accepted it. Our acceptance is indicated by Us sending You a Booking Confirmation by email. Only once We have sent You a Booking Confirmation email will there be a legally binding contract between Us and You (“the Contract”).
8.4 Booking Confirmations shall contain Our contact details and the following information:
8.4.1 Confirmation of the Tour booked including details of the time and location of the Tour and the total number of people for whom the booking is valid;
8.4.2 Itemised pricing for the Tour booked including, where appropriate, taxes and other additional charges;
8.5 Your Booking Confirmation is also Your ticket to Your Tour and valid for up to the number of people shown on the Booking Confirmation. Your Booking Confirmation email is also proof of payment and will gain you entrance to Your Tour. Without Your Booking Confirmation email You may be denied entry if you have no other proof of identity. Your Booking Confirmation email is the only document that is acceptable as proof of your booking and payment, and no other form of documentation, including screenshots from the booking process or pending bank transactions, will be accepted as proof of booking or payment.
8.6 If You change Your Booking, We will confirm all agreed changes in writing via an updated Booking Confirmation email.
8.7 We may cancel Your Booking at any time before their scheduled commencement time in the following circumstances:
8.8.1 The required personnel for the provision of the Tour are not available; or
8.8.2 An event outside of Our control occurs that prevents Tour locations from being used (please refer to Clause 13 for events outside of Our control).
8.8.3 Full payment for Your Booking has not been received by 7 days prior to the date and time of Your Booking.
8.9 If We cancel Your Booking under sub-Clause 8.8 and We have taken payment, you will in the first instance be offered an alternative Tour at an equivalent time and nearby location (if such a Tour is available) that is of equal or greater value. If this is not possible then a sum not exceeding your original payment will be refunded to you in the form of a gift voucher valid for at least one year to allow you to rebook at your own convenience. The voucher will be sent by email to the email address held on the booking as soon as possible and in any event within 10 calendar days. If We cancel Your Booking the cancellation will be confirmed in writing by email.
8.10 So you can book with peace of mind during the current COVID-19 challenges, our terms and conditions regarding reschedules and cancellations (clause 8.2 and 8.7) are temporarily amended where COVID illness or isolation is the cause and in those circumstances, the terms laid out in section 15 of our COVID Customer Policy will supersede clause 8.2 and clause 8.7 of these terms and conditions until further notice.
9.1 Payment for individual Tours will be due in full at the time of purchase. Price and payment details will be confirmed during the purchase process prior to payment and on Your Booking Confirmation or receipt. Your chosen payment method will be charged as indicated during the booking and payment process. For bookings of multiple Tours we may offer alternative payment options such as a deposit scheme at Our sole discretion and on terms that We shall decide.
9.2 We accept the following methods of payment on Our Website, through Our booking service supplier Checkfront and secure payment processor Stripe, who process Your payment card data without it having to be held by Us:
9.2.1 Visa Debit and Credit Card;
9.2.2 MasterCard Debit and Credit Card;
9.2.3 American Express.
9.3 Payment can only be made in person at our business premises, online, or by telephone.
9.4 If payment taken for Your purchase is subsequently revoked or refunded in any way or by any means then Your purchase will be automatically cancelled and You will be required to repurchase and present valid payment if You wish to attend Your Tour.
9.5 We may offer You at Our sole discretion and on terms that We shall decide, the ability for You to make a reserved booking for a Tour without requiring payment at the time of reservation. Your Booking remains unconfirmed until full payment has been received and Your Booking will be cancelled by Us if full payment has not been received within the time indicated when the reservation is made.
9.6 Discounts, offers, promotional codes and vouchers must be applied at the time of booking and once a purchase has been confirmed no retrospective reduction in price or refund can be given. You must fully meet the criteria for any discount claimed, otherwise We are entitled to request full payment is made before Your Tour takes place. We reserve the right to change or withdraw the availability of any offer, discount or promotion at any time.
10. Provision of the Tours and Intellectual Property
10.1 As required by law, We will provide Your Tour with reasonable skill and care, and in accordance with any information provided by Us about the Tours and about Us. We will provide Your Tour on the date agreed when You make Your Booking, which We shall confirm in the Booking Confirmation email. Any other type of Tour will be provided in the manner and timescale indicated in the pre-purchase information provided for that Tour.
10.2 We will make every reasonable effort to deliver Your Tour in a timely manner. We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please refer to Clause 13 for events outside of Our control.
10.3 Tours contain Our intellectual property and You are not permitted to disclose or use this in any way without Our written consent. You accept that any such disclosure or use by You or Your party may constitute an infringement of Our intellectual property rights.
11. Problems with Your Booking and Your Legal Rights
11.1 As a consumer, You have certain legal rights with respect to the purchase of services. For full details of Your legal rights and guidance on exercising them, it is recommended that You contact Your local Citizens Advice Bureau or Trading Standards Office.
11.2 Nothing in these Booking Terms and Conditions is intended to affect Your statutory rights.
12. Our Liability
12.1 To the fullest extent permissible by applicable law, We disclaim all warranties, express or implied, including but not limited to, implied warranties, merchantability or fitness for the operation of the Tours. We do not warrant the reliability, accuracy, or completeness of the content and materials included, used or deployed in the Tours. If any aspect of the Your Tours is not as described, you have expressly waived the right to claim any damages and/or losses including but not limited to direct, indirect, incidental, punitive and consequential damages deriving from such use or reliance of the description of the Tours.
12.2 You have expressly waived the right to claim any damages and/or losses including but not limited to direct, indirect, incidental, punitive and consequential damages deriving from the cancellation of a purchase or premature cessation of a Booking under any circumstances.
12.3 All items including, but not limited to, Your personal belongings, objects, luggage, baggage, watches, wallets, items and/or property, shall be kept by You at Your sole risk. In any event, We and Our Employees shall not be held liable or responsible for any loss of Your personal belongings within or outside Our Tour locations. The risk of loss for Your personal belongings shall be borne by you upon entrance to Our locations or engagement with Us.
12.4 To the fullest extent permissible by applicable law; We and Our Employees shall not be responsible for any risk, hazard, danger, security, threat, safety and/or protection for Your Tour. You shall be solely responsible, answerable and accountable for Your personal safety, security, body condition, disease transmission, pregnancy or health condition, while you participate, join, enter, use, and/or access Your Tour. We hereby expressly warn, caution, advise, inform and/or notify that Your Tour may be dangerous, hazardous, risky, and unsafe, insecure to you and you shall be duly informed, notified and understand the underlying danger, risk or hazard of Your Tour and You shall ensure and guard against Your body condition and personal safety for the duration of Your Tour.
12.5 In the event of a claim, the absolute limit of liability relating to any one purchase shall be the full amount paid by the Customer for that purchase.
12.6 We provide Tour for private use or purposes. We make no warranty or representation that the Tours are fit for commercial, business or industrial purposes of any kind. We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
12.7 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, including that of Our Employees; or for fraud or fraudulent misrepresentation.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: acts and omissions of landlords, power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disasters, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
13.2.1 We will inform You as soon as is reasonably possible;
13.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Tours as necessary;
13.2.4 If the event outside of Our control continues beyond the period of Your Booking We may cancel the Contract and inform You of the cancellation. Our normal refund policy will apply in these circumstances, which is limited to offering refunds in the form of gift vouchers;
13.2.5 If an event outside of Our control occurs and continues beyond the period of Your Booking and You wish to cancel the Contract as a result, You may do so. Our normal refund policy will apply in these circumstances, which is limited to offering refunds in the form of gift vouchers with a validity of one year.
14. Communication and Contact Details
14.1 To contact Us for any general purpose, email us at firstname.lastname@example.org or by using Our contact page available on Our Website.
14.2 For cancellation or to reschedule Your Booking, please contact Us by telephone or email using the contact details provided on Your Booking Confirmation or use the website links provided.
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
15.2 All complaints are handled by Our managers and reviewed by our Directors. If You wish to complain about any aspect of Your dealings with Us, please contact us by telephone or email using the contact details provided on Your Booking Confirmation.
16. How We Use Your Personal Data (Data Protection)
17. Other Important Terms
17.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
17.2 You may only transfer (assign) Your Booking and rights under these Terms and Conditions (and under the Contract, as applicable) with Our express permission by contacting Us using the contact details provided on Your Booking Confirmation at least 7 days prior to Your Booking.
17.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
17.4 Your Bookings may not be transferred or resold for commercial purposes or at a premium. If a booking is transferred or resold in breach of this condition, the bearer of the booking or the person claiming the right to attend the event will be refused admission to the Tour.
17.5 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
17.6 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
17.7 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. Any Booking made by You will remain under the Terms and Conditions in force at the time the purchase was made.
18. Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
18.2 If You are a consumer, any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.
18.3 If You are a business, any disputes concerning these Terms and Conditions, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.