18 MAY 2018
ACCESSING OUR SITE
INTELLECTUAL PROPERTY RIGHTS
You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).
We may from time to time provide interactive services on our Site including, without limitation, chat rooms and forums, bulletin boards, music mix rooms, image upload features, interactive drinks functionality and interactive club finder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical). We will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
UPLOADING MATERIAL TO OUR SITE
Any material you upload to our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site. We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the content standards below.
Any and all material which you contribute to our Site must comply with the spirit of the following content standards as well as the letter. The standards apply to each part of any contribution as well as to its whole. Your contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK, the US and in any country from which they are posted.
Your contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain sexually explicit material.
- Harm, or attempt to harm, minors in any way.
- Encourage, condone, promote or glamorise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
- Be targeted at an under legal drinking age audience.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right, trade mark or other proprietary right of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal or immoral activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our Site regularly, and may change the content at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, we and all other members of our Group of Companies and our affiliates (“Our Group”) hereby expressly exclude and disclaim:
- All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Because some jurisdictions do not allow the exclusion or limitation of liability or damages, Our Group’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS
MALICIOUS CODE, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
JURISDICTION AND APPLICABLE LAW
If you are located in the U.S., these terms are governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms and Conditions of Website Use or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the county of New York in the State of New York, and you hereby submit to the personal jurisdiction of such courts. If you are located anywhere except the U.S., then (i) these terms are governed by English law; and (ii) the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country and (iii) these Terms and Conditions of Website Use are governed by English law.
INFORMATION ABOUT US
In the present Terms and Conditions of Website Use and in the connected Cookie and Privacy Policies, “We” or “us” or “BGB” means Bacardi Global Brands Limited, registered in England and Wales under company number 3651489. Our registered office and main trading address is at 12 Steward Street, London, E1 6FQ, United Kingdom. Our VAT number is GB 222 2530 16. If you have any concerns about material which appears on our Site or if you need to communicate with us go online at http://Contact.BacardiLimited.com or at the street address set out in this section 19.
BOOKING TERMS & CONDITIONS
INFORMATION ABOUT US
Tours, experiences and events (“Experiences”) at The Bombay Sapphire Distillery (the “Distillery”) are operated by John Dewar & Sons Limited (“we”, “the company”, “The Bombay Sapphire Distillery”). John Dewar & Sons Limited is registered in England, Bacardi Martini Ltd, 12 Francis Street, London, SW1P 1QN, with registered company number 00613551. The following Booking Terms and Conditions, as well as any information contained in the booking form or tickets provided to you, apply to all bookings for Experiences at the Distillery. They shall be deemed to commence upon booking ticket(s) for an Experience.
ONLINE BOOKING SERVICE AND WEBSITE
We will endeavour to ensure that the information displayed on the website is current and accurate. However, we cannot be held liable for any errors. We reserve the right to change or withdraw the Experiences on the website without any prior notice.
Upon booking tickets for an Experience, you warrant that:
- You are 18 years old or over.
- All details you have provided for yourself or other guests are correct to the best of your knowledge.
- The total amount for the booking is able to be paid for in full from the account.
- You will abide by these Booking Terms and Conditions.
CONDITIONS OF ENTRY TO THE EXPERIENCE
All Experiences are subject to availability and may be altered or cancelled at any time. On arrival, you must show the booking code for your party, because proof of payment is required prior to entry to the Distillery. All visitors may be subject to an age check on arrival at the Distillery, so visitors should bring photo identification (“ID”) to the Distillery. We operate a Challenge 25 policy. If our staff believe or suspect any visitor who wishes to consume alcohol is under 25, that visitor will be asked to produce photo ID. In that event, if you cannot produce valid photo ID, you will not be served and you may be asked to leave the Distillery. Valid photo ID in this case can be a passport or a driving license. We cannot accept photos of these documents as proof of ID. Concessions discount (10% discount) is available on Discovery experiences only. To qualify for a concessions discount, you need to prove one of the following: – You are aged 65 or over (photo ID) – Students carrying a valid NUS card – Military personnel (Military ID) Any guests under 18 must be accompanied by an adult over the age of 18. Ticket holders for the Bombay Sapphire Distillery Experiences (including disabled guests and groups) must arrive in the Entrance Hall between the specified arrival times. Latecomers will not be admitted to the Experience except at the absolute discretion of The Bombay Sapphire Distillery. We reserve the right to refuse admission to the Distillery. As a working distillery, we cannot allow visitors with high heels or open-toed shows into the Dakin Still House. Please ensure that you wear sensible footwear to the distillery.
This section gives the details on any specific terms relating to promotions the Bombay Sapphire Distillery is running.
- Promotional codes are only valid for online bookings, and cannot be used in conjunction with any other discount.
- Promotional codes are only valid for the experiences stated. If the promotion dictates that the discount is on Discovery and Hosted Experiences only, the promotional code cannot be used to book Gin Cocktail Masterclasses, Horticultural or Heritage Experiences, or the Ultimate Experience.
- Promotional codes are only valid up to (and including) the date stated.
- If you have an existing booking at the Bombay Sapphire Distillery, it is not possible to cancel your booking and subsequently re-book using a promotional code.
- All promotions are subject to availability.
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter which cannot be excluded by law.
- No smoking other than in the designated smoking area
- No pets or animals, except for guide dogs and other assistance dogs. We will make reasonable adjustments to the distillery visitor experience to ensure that disabled persons including those with guide dogs and other assistance dogs have a positive experience and, above all else, remain safe. If you are a guide dog assisted person, please contact us in advance highlighting your specific requirements so that we can endeavour to deliver a positive visitor experience.
- No access to any area of the Distillery other than areas designated for access by Visitors.
- We politely request that guests do not consume their own food and drink at the Bombay Sapphire Distillery. (With the exception of water, and food/drink for babies and young children.)
- We reserve the right to remove anyone from the Distillery if their behaviour is considered likely to cause offence or create a nuisance to other visitors or staff.
In the interests of safety, visitors may be asked to submit to a search of their person or belongings and anyone refusing to submit or found to be in possession of materials believed by TBSCL to be dangerous or unsuitable will be denied entry or removed from the Experience. The cloakroom may be used to store bags and belongings. TBSCL accepts no responsibility for loss, theft or damage to any personal belongings brought into the Experience whether stored in the cloakroom or elsewhere.
Flash photography and video recording is strictly prohibited within the Still Houses. When in the Dakin Still House and India House, for safety reasons mobile phones, cameras and any electrical equipment must be switched off. From time to time TBSCL or other authorised third parties may carry out photography or other recording at the Distillery and any images or recordings may feature visitors. Visitors consent to the use of such images by TBSCL in connection with advertising, promotions or monitoring and acknowledge that the copyright in such images rests with TBSCL and/or any authorised third party.
All spaces within the Bombay Sapphire Distillery Experiences are fully accessible, however there are some restrictions within the Dakin Still House. Electric wheelchairs and mobility scooters will be unable to pass through the Still House but there are manual wheelchairs at the entrance hall. If you have any requirements for special assistance please contact us in advance to ensure we can receive you and ensure you get the best possible experience.
HEARING IMPAIRED ASSISTANCE
The Experience is navigated using an interactive map to access audio and visual content. For visitors with hearing impairments, we can offer a written script of any audio clips on request.
VISUALLY IMPAIRED ASSISTANCE
No pets or animals can enter the distillery, except for guide dogs and other assistance dogs. We will make reasonable adjustments to the distillery visitor experience to ensure that disabled persons including those with guide dogs and other assistance dogs have a positive experience and, above all else, remain safe. If you are a guide dog assisted person, please contact us in advance highlighting your specific requirements so that we can endeavour to deliver a positive visitor experience. There are hand rail extensions and contrasting floor textures throughout the Distillery. Please note that the lighting levels within some of the rooms are low and in others which have windows extremely bright.
The Distillery operates a Free Carers Policy, whereby it offers a free carer ticket to any customer who requires essential assistance to visit our Distillery. Carers who have received a free carer ticket are not entitled to a complimentary cocktail at the end of the experience, but can purchase additional cocktails if they wish.
The Bombay Sapphire Distillery has a limited number of complimentary codes valid for distillery experiences for charities and promotional purposes. If you would like to apply for one of these codes, please email email@example.com. The codes are limited and not every request can be responded to. These codes are valid for 1 year from point of issue, and cannot be resold or exchanged for any monetary value. The above terms and conditions are valid for any ‘two for free’ codes.
PRICES AND PAYMENT
The price of any Experience, will be as quoted on the website www.distillery.bombaysapphire.com. All prices shown are inclusive of VAT. We reserve the right to change the prices of any Experience at any time and without prior notice. However, once a booking e-mail has been received by you, the price of that Experience will not change.
We accept Visa and MasterCard credit cards, Visa Delta and Maestro debit cards and American Express/Diners Card. By booking an Experience, you consent to payment being charged to your credit/debit card. All credit/debit cardholders are subject to validation checks using 3DSecure and may be subject to checks through your banking provider. If your card issuer does not authorise payment, we will not be liable for any delay or non-delivery. All experiences shall be booked and paid for in GBP Sterling.
CANCELLATIONS AND CHANGES TO BOOKINGS
If we cancel your Experience in its entirety, you will be entitled to a full refund for the purchase price of the Experience. We will use reasonable endeavours to be open and operational during published opening hours, but we reserve the right to close the Experience on any given day or part thereof, whether for security or any other reason, without notice. In the event of total closure, any tickets issued for use only on the day of closure will be exchanged or refunded by The Bombay Sapphire Distillery at the price paid for them, but no further compensation will be paid. From time to time, parts of the Experience may be closed (e.g. for maintenance, events or for technical reasons). Tickets will not be refunded and no compensation will be paid in the event of such closures. If you cancel a booking or do not arrive for a scheduled Experience, tickets cannot be exchanged or refunded unless at the discretion of The Bombay Sapphire Distillery management. Tickets are non-transferable and non-refundable. Any request for a refund or transfer must be made in writing, directed to firstname.lastname@example.org, this will then be reviewed and is at the discretion of The Bombay Sapphire Distillery management. Only written requests will be considered. You may cancel unused vouchers/gift cards from Bombay Sapphire at any time up to 14 days after the date upon which the voucher was purchased. Please contact us by phone or by e-mail at email@example.com within the 14 day period and we will provide a full refund. Refunds will be made to the person who purchased the voucher using the same means of payment used for the initial purchase. Once an experience has been booked using the voucher the right to cancel the voucher will be lost. Gift vouchers and cards are valid for 24 months from the point of purchase.
Any group of 11 people or more must be booked in advance by contacting the Bombay Sapphire Distillery. We have a capacity restriction through the Dakin Still House of 15 people, so groups larger than this will be split and timings staggered. Group discounts are not provided on concessions tickets. For guests who qualify for concessions tickets, the group will be provided with the greater of either the group discount, or the concessions discount.
TERMS AND CONDITIONS OF THE BOMBAY SAPPHIRE DISTILLERY MEMBERS’ CLUB
The Bombay Sapphire Distillery Members’ Club entitles you to free entry to the Discovery Experience only at the Bombay Sapphire Distillery for 12 months commencing the date that you purchase the card. The card comes pre-loaded with three complimentary drinks. Within the gift packaging for the card, you will also be given a discount code to allow friends and family a 20% discount off the Discovery experience Monday-Thursday, and you will receive a card will instructions for signing up to the Members’ Club email database for exclusive promotions and events. To redeem the Members’ Club card, simply book your Discovery Experience online using the unique code on each members’ card. This allows the holder to book for themselves only and cannot be used by anyone other than the original holder. Please bring Photo I.D with you each time you use the members’ card. The purchaser of the Members’ Card must be 18 years or over. The Members’ Card admits entry for the pass holder only, for only one use per visit, and cannot be used for additional party members accompanying the pass holder. The Members’ Card entitles the holder to admission to the Attraction for a period of 12 months from the date of issue (“Validity Period”). Please use our website to check that the attraction is open before visiting, and please check the opening and closing times. Please note that the opening times of the attraction vary across the year. The Bombay Sapphire Distillery, in its absolute discretion, reserves the right to vary the opening and closing dates of the Attractions and to close any or all parts of the tour for any reason including, but not limited to technical, health and safety and/or operational reasons. Additional charges apply for entry into: Any concerts taking place at the Attraction; Any themed special events taking place at the Attraction; The authorised holder of the members’ Card must show the Members’ Card upon arrival at the Distillery. All Members’ Cards remain the property of the Bombay Sapphire Distillery, and can be withdrawn at any time. Members’ Cards can be purchased as gifts for third party participants, on the condition that the pass is purchased with the name, D.O.B, and address of the third party in the appropriate space on the booking form. Members’ Cards are otherwise are non-transferable and non-refundable, and cannot be sold, loaned or to or used by a third party. Access may be denied to the park in the event of fraud or misuse of the Members’ Card, and the Members’ Card can be withdrawn from any person whose conduct is deemed to be inappropriate in the absolute discretion of the Bombay Sapphire Distillery. Inappropriate conduct includes, but is not limited to, allowing or assisting a third party to attempt to gain unauthorised or improper access to the Attraction with a Members’ Card of which they are not the valid holder. For the avoidance of doubt no refund will be given in such circumstances. Possession of the Members’ Card does not guarantee entry to the Attraction. The management of the Attraction reserves the right to refuse admission for any reason including, but not being limited to, the Attraction reaching full capacity. Entry to the Bombay Sapphire Distillery will not be permitted in the event a valid Members’ Card cannot be presented for any reason including, but not being limited to, the Members’ Card being lost, stolen or forgotten. Members’ Cards cannot be used in conjunction with any promotional offer, voucher or advance booking or with any other offer, discount or retail/restaurant incentive. Refunds are not available in any circumstances. This does not affect your statutory rights as a consumer. Lost Members’ Cards should be reported to the Bombay Sapphire Distillery immediately. Contact firstname.lastname@example.org In the event of a lost Members’ Card, the Bombay Sapphire Distillery will re-issue a replacement Members’ Card. Up to three replacement Members’ Cards can be issued during the Validity Period. An administration fee of £10 will be charged for the re-issue of each lost Members’ Card. The Bombay Sapphire Distillery is entitled to use your details to contact you in relation to service information including, but not being limited to, information about changes to these Terms and Conditions of use, expiry and/or renewal reminders. The Bombay Sapphire Distillery will not use your details for marketing purposes unless you opted in to receive such information at the time of purchasing the Members’ Card. The Bombay Sapphire Distillery is entitled, in its absolute discretion, to change the price payable for its Members’ Card at any time and for any reason, and may, from time to time, offer pricing or promotional offers at specific Attractions. The Bombay Sapphire Distillery reserves the right to vary these Terms and Conditions by giving you no less than 30 days written notice of such variation. Bombay Sapphire Members Club cards cost £30 (plus £5 postage and packaging). If you are visiting on an experience you can purchase a members’ club card for an ‘upgrde’ price of £14. This upgrade price is not available before or after the day of your tour, should you wish to upgrade your ticket to a Members’ club card you must upgrade on the day of your visit.
If you suffer losses as a result of The Bombay Sapphire Distillery breaking these conditions, our liability is strictly limited to the purchase price of the Experience you purchased. We are not responsible for any loss of profit, loss of business, loss of goodwill, or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of in connection with the Experience. Notwithstanding the foregoing, nothing in these terms limits in any way our liability:
EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions may be performed despite the Force Majeure Event.
AT THE DISTILLERY
VISITOR HEALTH AND SAFETY
Distillery staff may draw visitors’ attention to certain Health & Safety procedures, to which visitors must adhere.
While at the Distillery, visitors must observe the following:
We also reserve the right to refuse to process a transaction for any reason. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question will not be affected. These terms and conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede any previous arrangement, understanding or agreement between you and us relating to the subject matter of these terms and conditions. Any contract between you and us pursuant to these terms and conditions will be binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge, sub-contract or otherwise dispose of any such contract, or any of your rights or obligations arising under such a contract, without our prior written consent. The European Commission Online Dispute Resolution Platform may be accessed by clicking on the following link: EC Online Dispute Resolution These terms and conditions are governed by and construed in accordance with the Laws of England and Wales and you can bring legal proceedings in relation to the agreement between us in the courts of England and Wales. If you live in Scotland you may alternatively bring legal proceedings in the Scottish courts and if you live in Northern Ireland you may alternatively bring legal proceedings in the Northern Irish courts.