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TERMS & CONDITIONS

1. DEFINITIONS

1.1 When the following words with capital letters are used in these Terms, this is what they will mean:

(a) Booking: You’re booking for the Services of Mid Wales Tours, whether verbal or written.

(b) Event Outside Mid Wales Tours Control: is defined in clause 9.2.

(c) Price: the purchase price for the Services of Mid Wales Tours contained in Our price list, as updated from time to time.

(e) Service(s): the identified/ tour and/or provision of guides Mid Wales Tours will provide to You as specified in Your Booking and/or on Your Ticket.

(f) Terms: these terms and conditions, as updated from time to time.

(g) Ticket: the ticket provided or made available to You.

(h) We/Sean Westlake Wales Official Tourist Guide, Mid Wales Tours

 Idwal, Lon Llewellyn, Waunfawr, Aberystwyth, Ceredigion. SY23 3TP


(i) Working Day: any day which is not Christmas Day and Boxing Day

(j) You/Your: the consumer making the Booking and/or the Ticket holder.

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 and conditions on which We Mid Wales Tours supply the Services to You.

2.2 Please ensure that You read these Terms carefully, and check that the details in Your Booking and/or Ticket are complete and accurate, before continuing with the Booking.

2.3 Bookings with Mid Wales Tours can be made in person (before the start of the tour if a) running and b) space available.

2.4 When You submit your Booking to Mid Wales Tours, this does not mean Mid Wales Tours have accepted Your Booking for Services. If Mid Wales Tours are unable to supply You with the services, We will inform You of this verbally or in writing and Mid Wales Tours will not process Your booking, nor accept payment. Mid Wales Tours will use Our reasonable endeavours to suggest alternative services to You.

2.5 Mid Wales tours will confirm Your Booking by accepting payment from You for the full price and issuing You with a confirmation. When Mid Wales Tours issue confirmation, You will be deemed to have accepted these terms and the contract between You and Mid Wales Tours will come into existence.

2.6 The date, start time, length and/or end time shall be specified in Your Booking and/or Confirmation.

2.7 You are obliged to pay the Price appropriate to Your status:

(a) Children are aged between 5 to 15 years old, and must be accompanied by an Adult; Due to licencing and insurance conditions children under the age of 16 are not allowed on any motorcycle and sidecar tour

(c) Adults are everyone from 16 years old and older,
The Prices applicable to each of the above are set out in Our price list, as updated from time to time.


3. NON-REFUNDABLE AND NON-TRANSFERABLE

3.1 Your Booking is valid only for the specific Service as detailed on Your Booking and/or Confirmation. If You miss or arrive too late for the specified Service:

(a) Your Booking is non-transferable, and

(b) unless clauses 10.1, 10.2 and 11.2 apply, Your Booking and/or Ticket is non-refundable.

3.2 Mid Wales Tours may at Our sole discretion, amend Your Booking to an alternative Service if this is possible.



4. PROVIDING SERVICES

4.1 Mid Wales Tours will supply the Services to You on the date and time specified in Your Booking and/or Ticket.

4.2 Mid Wales Tours will make every reasonable effort to provide the Services on the specified date and time. However, there may be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.

4.3 Mid Wales Tours reserve the right to make minor amendments to the Services if necessary, in the circumstances. Such minor amendments will not affect the overall provision of Services.

4.4 Mid Wales Tours reserve the right to correct and amend any errors contained in Our promotional material, website or any of Our other documents at any time.

4.5 If You do not pay Mid Wales Tours for the Services when You are supposed to as set out in clause 7, Mid Wales Tours may suspend the Services with immediate effect until You have paid Us the outstanding amounts.


5. YOUR OBLIGATIONS

5.1 You are obliged to pay the Price applicable to Your status as per clause 2.7 above. If You do not, you will be asked to pay the balance of the applicable Price relevant to Your status before the Services start.

5.2 Certain tours will not be suitable for children under the age of five. The food tours may involve alcoholic beverages and anyone under the age of eighteen will be offered alternatives.

5.3 You will arrive 10 minutes prior to the start time, at the designated starting point which will be advised upon booking. For the motorcycle and sidecar tours you are requested to arrive 20 minutes before the tour is due to start to allow for helmet fitting and safety equipment and safety briefing. If You arrive late for the Service, as determined the Mid Wales Tours guide, clause 3 above will apply.

5.4 Please bring Your Confirmation and show it to the guide as proof of Your Booking.

5.5 You are obliged to dress appropriately and wear suitable footwear for the Services, taking into account the weather and terrain.

5.6 You are obliged to comply with these Terms at all times.

5.7 You must act reasonably and co-operate with Mid Wales Tours in the provision of Services to You.

5.8 In the interests of health and safety, you must comply with all reasonable verbal instructions and requests from the Mid Wales Tours guide during the Services.

5.9 If You cause any damage to property belonging to Mid Wales Tours. You are obliged to indemnify Us for the full cost of replacing the item or repairing the damage.

5.10 You must not, at any time during the provision of Services, be under the influence of alcohol or drugs – see clause 11.3.


6. IF THERE IS A PROBLEM WITH THE SERVICES

6.1 In the unlikely event that You are unsatisfied with the Services provided by Mid Wales Tours, please contact Mid Wales Tours and tell Mid Wales Tours as soon as reasonably possible and within 30 Working Days. Mid Wales Tours will consider your comments fully and report back to you on any outcome and/or action taken because of your comments.

6.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about Your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.


7. PRICE AND PAYMENT

7.2 You may either pay in cash to the Mid Wales Tours guide or with debit/credit card online or with the guide at the beginning of the tour. They will be in possession of a card reader for the purpose. Motorcycle and sidecar tours will be paid in full online at the time of booking.

7.3 All payments must be paid in sterling (GBP). Payment in foreign coins/notes will not be accepted.

7.4 Payment must be made in full at the time of Your Booking.

7.5 The Price will only be refunded in the event that the Service is cancelled by You or Mid Wales Tours as provided for in clauses 10.1, 10.2 and 11.1 only.


8. OUR LIABILITY TO YOU

8.1 If Mid Wales Tours materially fail to comply with these Terms, Mid Wales Tours are responsible for any material loss or damage You suffer that is a foreseeable result of Mid Wales Tours breach of the Terms or Mid Wales Tours negligence, but Mid Wales Tours are not responsible for any loss or damage that is not foreseeable. Material loss or damage is foreseeable if it is an obvious consequence of Mid Wales Tours breach or if it was contemplated by You and Mid Wales Tours at the time the contract came into existence.

8.2 Mid Wales Tours total liability under clause 8.1 shall not exceed the total Price of the Services as stated in Your Booking.

8.3 Mid Wales Tours only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and Mid Wales Tours have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.4 Mid Wales Tours do not exclude or limit in any way Mid Wales Tours liability for:

(a) death or personal injury caused by Mid Wales Tours negligence or the negligence of Mid Wales Tours employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 11B of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d) breach of the terms implied by sections11C, 11D and 11E of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.


9. EVENTS OUTSIDE THE CONTROL OF MID WALES TOURS

9.1 Mid Wales Tours will not be liable or responsible for any failure to perform, or delay in performance of, any of Mid Wales Tours obligations under these Terms that is caused by an Event Outside The Control Of Mid Wales Tours.

9.2 An Event Outside The Control OF Mid Wales Tours means any act or event beyond Mid Wales Tours reasonable control, including without limitation adverse weather conditions, strikes, lock-outs or other industrial action by Mid Wales Tours representative/contractors and/or 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, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

9.3 If an Event Outside The Control OF Mid Wales Tours, takes place that affects the performance of Mid Wales Tours obligations under these Terms:

(a) Mid Wales Tours will contact You as soon as reasonably possible to notify You; and

(b) Mid Wales Tours obligations under these Terms will be suspended and the time for performance of Mid Wales Tours obligations will be extended for the duration of the Event Outside Mid Wales Tours Control. Where the Event Outside Mid Wales Tours Control affects Mid Wales Tours performance of Services to You, Mid Wales Tours will reschedule the Services as soon as reasonably possible after the Event Outside Mid Wales Tours Control is over, or offer alternative Services where possible.

9.4 You may cancel the contract if an Event Outside Mid Wales Tours Control takes place and You no longer wish Mid Wales Tours to provide the Services. Please see Your cancellation rights under clause 10. Mid Wales Tours will only cancel the contract if the Event Outside Mid Wales Tours Control continues for longer than 1 week in accordance with Mid Wales Tours cancellation rights in clause 11.1.


10. YOUR RIGHTS TO CANCEL AND APPLICABLE CHARGES

10.1 You have the right to cancel Your Booking and/or Ticket where You choose to cancel because Mid Wales Tours are affected by an Event Outside Mid Wales Tours Control. You must provide written notice to Mid Wales Tours that You are cancelling Your Booking because of an Event Outside Mid Wales Tours Control. Mid Wales Tours will confirm Your cancellation in writing to You.

10.2 If You cancel Your Booking or Ticket under clause 10.1, Mid Wales Tours will refund the Price paid for the Services.



11. MID WALES TOURS RIGHTS TO CANCEL AND APPLICABLE REFUND

11.1 Mid Wales tours may have to cancel Your Booking before the start date for the Services in the following circumstances:

(a) due to an Event Outside Mid Wales Tours Control; or

(b) if Mid Wales Tours are unable to provide the Service in terms of Your Booking for any reason.

11.2 If Mid Wales Tours have to cancel Your Booking under clause 11.1, Mid Wales Tours will promptly contact You to let You know and refund any payments made by You.

11.3 Mid Wales Tours reserve the right to cancel and/or suspend the contract for Services at any time with immediate effect by giving You verbal or written notice:

(a) If You do not pay Mid Wales Tours when You are supposed to as set out in clause 7; or

(b) Where there is any risk to Mid Wales Tours representative, property or welfare of others as a result of unacceptable behaviour from You. Whether behaviour is unacceptable shall be determined by Mid Wales Tours and/or Our representative; or

(c) If You are deemed by Mid Wales Tours and/or Mid Wales Tours Representative to be under the influence of alcohol or drugs; or

(d) Where You do not comply with any of Your obligations under clause 5, and any in such circumstances, refunds will not be given.
 

12. INTELLECTUAL PROPERTY RIGHTS

12.1 All intellectual property rights in or arising out of or in connection with the Services shall be owned by Mid wales Tours.

12.2 You do not have a right to use Mid Wales tours intellectual property including, but not limited to, Mid Wales tours name, logo and images.




13. INFORMATION ABOUT MID WALES TOURS AND HOW TO CONTACT US

13.1 I am Sean Westlake self-employed tourist guide resident at Idwal, Lon Llewellyn, Waunfawr, Aberystwyth, Ceredigion. SY23 3TP.  I am a member of the Wales Official Tourist Guide Association.

13.2 If You have any questions or complaints, please contact Mid WalesTours. You can contact Mid Wales tours by telephoning 07946640709 or by e-mailing Mid Wales tours at                                                Please be aware that Mid Wales tours may not be able to answer the phone during ‘office’ hours because Mid Wales Tours may be running tours and have limited time.

Please leave Mid Wales Tours a message and Mid Wales Tours will get back to you asap. The best time to call will be between 20.00 and 22.00 UK time.

13.3 If You wish to contact Mid Wales Tours in writing, or if any clause in these Terms requires You to give Mid Wales Tours notice in writing, You can send this to mid Wales Tours by e-mail, by hand, or by pre-paid post using the details contained in clauses 13.1 and 13.2. Mid Wales Tours will confirm receipt of this by contacting You in writing. If Mid Wales Tours have to contact You or give You notice in writing, Mid Wales Tours will do so by e-mail, by hand, or by pre-paid post to the address

You provide to Mid wales Tours.

13.4 Further information on the Services can be found in the relevant FAQ section of the Mid Wales Tours website (www.midwalestours.co.uk).




 14. HOW MID WALES TOURS MAY USE YOUR PERSONAL INFORMATION

14.1 Mid Wales Tours will use the personal information You provide to Mid wales Tours to:

(a) provide the Services;

(b) process Your payment for such Services; and

(c) inform You about similar products or services that Mid Wales Tours provide, but You may stop receiving these at any time by contacting Mid Wales Tours.

14.2 Mid Wales Tours will not give Your personal data to any third party.



15. OTHER IMPORTANT TERMS

15.1 Mid Wales Tours may transfer Mid Wales Tours rights and obligations under these Terms to another organisation, and Mid Wales Tours will always notify You in writing if this happens, but this will not affect Your rights or Mid Wales Tours obligations under these Terms.

15.2 This contract is between You and Mid Wales Tours. No other person shall have any rights to enforce any of its terms.

15.3 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

15.4 If Mid Wales Tours fail to insist that You perform any of Your obligations under these Terms, or if Mid Wales Tours do not enforce Mid Wales Tours rights against You, or if Mid Wales Tours delay in doing so, that will not mean that mid Wales Tours have waived Mid wales Tours rights against You and will not mean that You do not have to comply with those obligations. If Mid Wales Tours do waive a default by You, Mid Wales Tours will only do so in writing, and that will not mean that Mid Wales tours will automatically waive any later default by You.

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