Terms and conditions - public

1. These terms

1.1 – What these terms cover. These are the terms and conditions on which we supply our services to you.

1.2 – Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they otherwise require correction, please contact us to discuss.

2. Information about us and how to contact us

2.1 – Who we are. We are Viking Chester a company registered in England and Wales. Our company registration number is 11116751 and our registered office is at 36 Y Waen, Gwernaffield, Mold, Flintshire, United Kingdom, CH7 5DP.

2.2 – How to contact us. You can contact us by writing to us at info@vikingchester.co.uk.

2.3 – How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 – “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1 – How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 – If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we are unable to offer a place on the tour on the date you have specified.

3.3 – Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4. Your rights to make changes

If you wish to make a change to the service you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, time and/or date or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7, Your rights to end the contract).

5. Our rights to make changes

5.1 – Minor changes to the services. We may change the services:

(a) to reflect changes in relevant laws and regulatory requirements that may, for instance, require us to alter the route of the tour or limit numbers; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat.

5.2 – More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our website, we operate to the dates and times specified on the www.vikingchester.co.uk website. However, should we have to change or cancel the services at the times and dates specified, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

6. Providing the services

6.1 – When we will provide the services. Tours are arranged in accordance with the schedule advertised on our website. Bespoke private tours can be organised for groups by prior arrangement.

6.2 – We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.3 – What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, basic personal details to identify you as a participant on the tour. If so, this will have been notified to you before you placed your order. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.1 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.4 – Reasons we may suspend the supply of services to you. We may have to suspend the supply of services to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(d) because you have failed to abide by the behavioural rules expected of participants on the tour as set out in Schedule 1 to these Terms and Conditions.

6.5 – Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending tours, unless the problem is urgent or an emergency. You may contact us to end the contract for these services if we suspend them, or tell you we are going to suspend it, in each case for a period of more than 8 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

6.6 – We may also suspend supply of the services if you do not pay. If you do not pay us for the products when you are supposed to (see clause 11.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may exclude you from the tour until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not charge you for the products during the period for which they are suspended.

7. Your rights to end the contract

7.1 – You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;

(b) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;

Customers can cancel tickets at any time subject to the following terms and conditions:

(i) Cancellations must be notified by email to info@vikingchester.co.uk at least 72 hours before the date of the tour and will be subject to a deduction of a 10% commission retained by the online ticket agency used to purchase the tickets

(ii) Customers who booked tickets at the Town Hall Visitor Information Centre must contact their team for a refund

(iii) Cancellations made at less than 72 hours notice will not be refunded but bookings can be moved to another date at no extra charge

7.2 – Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);

(b) we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;

(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 8 weeks; or

(e) you have a legal right to end the contract because of something we have done wrong.

7.3 – Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought off-premises you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

7.4 – Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Viking Chester of 36 Y Waen, Gwernaffield, Mold, Flintshire United Kingdom, CH7 5DP to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 11.2):

Right under the Consumer Contracts Regulations 2013. How our goodwill guarantee is more generous

14 day period to change your mind.You may change your mind at any time up to the day that the Tour is scheduled to take place

7.5 – When you don’t have the right to change your mind. You do not have a right to change your mind in respect of the services once you have participated in the tour, even if the cancellation period is still running.

7.6 – How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. In the case of the tour, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running.

7.7 – Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you must notify us in advance. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided.

8. How to end the contract with us (including if you have changed your mind)

8.1 – Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

(a) Phone or email. Call customer services on 07790498898 or email us at vikings@vikingchester.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b) By post. Or simply write to us at 36 Y Waen, Gwernaffield, Mold, Flintshire, United Kingdom, CH7 5DP including details of what you bought, when you ordered or received it and your name and address.

8.2 – How we will refund you. We will refund you the price you paid for the services by the method you used for payment:

(a) Tickets purchased by cash or credit/debit card at the Visitor Information Centre. You should contact the Visitor Information Centre in Chester Town Hall directly.

(b) Bookings made online. For a refund of monies paid via the online Web Ticket Master system please email us at vikings@vikingchester.com supplying the details specified in Clause 8.1(a) above.

8.3 – Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a)Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

8.4 – When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

9. Our rights to end the contract

9.1 – We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products such as your ; or

10. If there is a problem with the product

10.1 – How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at vikings@vikingchester.com.

10.2 – Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is services, such as the guided tour on which you have booked, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time upfront, it must be carried out within a reasonable time.

11. Price and payment

11.1 – Where to find the price for the product. The price of the services will be the price indicated on our website and as provided to you on your order form. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2 – We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.3 – What happens if we got the price wrong. It is always possible that, despite our best efforts, we may incorrectly charge you for the services that you have booked. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid

11.4 – When you must pay and how you must pay. We accept payment with all credit and debit cards that the Web Ticket Master system will accept. You must pay in full when purchasing tickets for one of the guided tours.

11.5 – What to do if you think the price is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

12. Our responsibility for loss or damage suffered by you

12.1 – We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.2 – We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

12.3 – We are not liable for business losses. We only supply the services for private enjoyment. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. How we may use your personal information

13.1 – How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to request feedback on your experience and give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

13.2 – We will only give your personal information to third parties where the law either requires or allows us to do so.

14. Other important terms

14.1 – We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

14.2 – You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we have reason to believe that the health and safety of individuals participating on the tour. However, you may transfer our guarantee at clause 7.4 to a person who has acquired the right to the services.

14.3 – Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 14.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms].

14.4 – If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5 – Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.6 – Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Schedule 1– Behavioural rules for participants on the tour:

1. No children are allowed to attend any Viking Chester Tours unless they are accompanied by their parent or guardian or other responsible adult.

2. A number of locations on the tour are not suitable for people with disabilities. However, we can alter our tour routes with advance notice. We value all our clients and aim to make our tours as accessible as possible but this is not feasible for all locations and the safety of those attending is paramount. Please contact us to discuss how we can adapt our tour to enable you to take part.

3. Tour participants must act in a responsible manner and respect the needs of others taking part. You agree that will not cause harm or injury to anyone else or put yourself or anyone else in danger. You also undertake that you will respect the nature of the event and behave accordingly. When leaving the event you will ensure that due to the lateness of the hour you will respect nearby residents by leaving quietly and quickly.

4. Absolutely no alcohol or drugs are permitted on any tour. If anyone appears to be under the influence of alcohol or drugs and/or brings (or is suspected to have brought) either alcohol or drugs to the event they will be asked to leave immediately and will not be refunded any part of monies paid for the event.

5. The tour guide will use their own discretion and have the ultimate decision to evict anyone whom they consider to be behaving in an inappropriate manner whether due to intoxication by alcohol or drugs or otherwise.

6. To the extent permitted by law, Viking Chester will not be liable for any damage or loss to property and personal equipment either on the journey to the event, during the event and on the journey back home from the event.

7. All participants should be aware that they attend the events at their own risk.

8. Unfortunately our policy is not to allow dogs onto our public Viking Chester Tours for the courtesy of other customers unless they are a guide/assistance dog.