Lundgren Tours Limited

Standard Terms and Conditions

 

Introduction

These are the terms and conditions (“Conditions”) upon which we provide our services.

When we use words like “we”, “our’ and “us”, we are referring to Lundgren Tours Limited. We are a company registered in England and Wales with registration number 10101186 and whose registered address is at 3 Cherry Tree Drive, Swarland, Morpeth, Northumberland, NE65 9BG. When we use words like “you” or “your”, we’re referring to you, an individual who is looking to book one of our tours.

Please note that our services are provided subject to these Conditions. We hope that you will take the time to read them through carefully. If there is anything that concerns you or that you do not understand, please raise the issue with us before you book one of our tours. Once you have engaged our services, there will be a legally enforceable agreement between us and any further changes can only be made as set out in these Conditions.

  1. Interpretation

1.1       Unless the context requires otherwise, in these Terms:

“Agreement” means this agreement between you, our customer, and us, Lundgren Tours Limited, which is made up of the Booking and these Conditions. Please note that any earlier documents, such as quotations or estimates, do not form part of this Agreement and, whilst we provide them in good faith, they are not binding upon us;

“Booking” means the booking that you make for our Services, whether that be made on our Website, by telephone, by email or in person on the Tour Date;

“Fees” means the price payable for the Services as set out on our Website and in the Booking, which are payable in accordance with clause 4 of these Conditions;

“Services” means the tour services that we provide, as detailed on the Website and in the Booking;

“Tour” means the tour that you have a Booking to attend on the Tour Date, and which forms part of our Services;

“Tour Date” means the date of the Tour as detailed in the Booking;

“Website” means the website that we host at https://www.lundgrentours.com.

1.2       Any reference in these Conditions to any provision of any Act of Parliament shall include reference to any subordinate legislation (as defined in the Interpretation Act 1978) made pursuant thereto and shall be deemed to be a reference to such Act of Parliament or subordinate legislation as amended, modified or re-enacted (whether before or after the date hereof) and any reference to any provision of any such Act or subordinate legislation shall also include where appropriate any provision of which it is a re-enactment (whether with or without modification).

1.3       In these Conditions words denoting the masculine gender shall include the feminine and neuter genders and vice versa and words denoting the singular number shall include the plural and vice versa and references to persons shall include bodies corporate unincorporated associations and partnerships.

1.4       Unless otherwise stated, references to clauses and sub-clauses are references to clauses and sub-clauses of these Conditions. The clause headings are for ease of reference only and shall not affect the construction or interpretation of these Conditions.

  1. Services

2.1       Subject to your payment of the Fees and your compliance with your obligations under these Conditions, we will provide the Services to you as set out in the Booking on the Tour Date.

2.2       The Tour shall:

2.2.1    commence at the times stated on the Website and in the Booking. We refer you to clause 5 in relation to your obligation to attend the Tour on time;

2.2.2    stop at the locations described on the Website and in the Booking, but any times indicated for stops will be estimates only; and

2.2.3    terminate on or around the time stated on the Website and in the Booking, but this is an estimate only and will depend upon factors such as traffic, weather conditions and any delays incurred during the Tour stops.

2.3       You understand and accept that you will be unable to attend the Tour if you are incapable of walking up and the down the Tour coach steps unaided. There are approximately 5 small steps and 1 high step. In those circumstances we may, in our sole discretion, provide a full or part refund of the Fees but are under no obligation to do so.

2.4       We instruct a third party to provide the coach for the Tour. We are covered by the third party’s insurance whilst providing the Services on the coach and will additionally have (and will maintain) appropriate public liability insurance. If you require further details of such insurance, please contact us at enquiries@lundgrentours.com.

2.5       We use our best efforts to ensure that we provide the Services to you in the manner set out on the Website but from time to time it may be that we are unable to do so (for example, due to ill health). In those circumstances we will seek to instruct a competent third party to provide the Services to you on the Tour Date. If we are unable to instruct a third party we will contact you as soon as practically possible to refund the Fees to you or move your Booking to another Tour Date.

2.6       It may be necessary for us to make decisions during the provision of the Services that give rise to minor changes, but which do not affect the overall scope of the Services to be delivered. You agree that we may make such minor changes without prior consultation to the extent that they do not adversely affect the outcome of the Services in a material way.

2.7       We do not allocate seat numbers in advance of a Tour and are under no obligation to do so. You are advised to attend as early as you can on the Tour Date to reserve your seating. You understand and accept that on a busy Tour, our single customers may be sat next to each other.

2.8       If your Booking is for a “day tour fare” (as described on the Website), the Fees will not include entry into the English Heritage site at Warkworth Castle or the provision of any lunch during the Tour. You, along with our other customers, may bring your own refreshments on the Tour coach so long as all litter is disposed of in the bins provided.

  1. Booking

3.1       You may make a Booking through our Website, by email, by telephone or in person on the Tour Date. The Booking will set out the nature of the Tour (including any relevant times and location stops), the Tour Date and the Fees.

3.2       Bookings are made directly with customers and, unless we otherwise agree, no Bookings through third parties will be accepted.

3.3      You shall confirm in the Booking whether you intend to bring a dog with you on the Tour. We accommodate all friendly dogs so long as they are accompanied at all times by their owners and do not occupy a seat on the Tour coach. You understand and accept that we may refuse your dog onto the Tour if we deem, in our sole discretion, that it is aggressive or otherwise unsuitable to attend. If you then choose not to attend the Tour, we may in our sole discretion provide a refund of the Fees but are under no obligation to do so.

3.4      If you wish to make a Booking through our Website, by email or by telephone, you will be required to check that the Booking is correct and then accept the Booking by submitting it through our Website and paying the Fees, or confirming to us by email or telephone that it is correct and paying the Fees. Your response will constitute an offer. We will accept the offer by sending an email confirming the same or commencing the delivery of the Services. At that point the Agreement will be formed.

3.5       If you wish to make a Booking in person on the Tour Date, we will use our best efforts to accommodate you but you understand and accept that this will be dependant upon whether there is availability on the Tour. We will confirm orally the details of the Tour and, if you are content, you will pay the Fees in cash. This will constitute an offer. We will accept the offer by providing you with a receipt or commencing the delivery of the Services. At that point the Agreement will be formed.

3.6      Should you wish to amend the Booking after the Agreement is formed (for example, to a different Tour or a new Tour Date before the end of our current trading period), you will need to contact us by email or telephone setting out the nature of your request no less than 14 days before the Tour Date. We may in our sole discretion amend the Booking but are under no obligation to do so, and additional Fees may be payable including an administration Fee of £10.00. Should you wish to cancel the Booking, we refer you to clause 6 (“Cancellation”).

  1. Fees and Payments

4.1       All Fees and charges will include any applicable Value Added Tax (VAT) (or any similar tax) which will be paid by you at the rate and in the manner from time to time prescribed by law. We will usually list on the Website and in the Booking the charges that are likely to be incurred in delivering the Services, but whether listed or not, all such charges will be paid by you in addition to the Fees.

4.2       All sums owed by you to us shall be paid by you together with any applicable VAT, and without any set off or other deduction upon making the Booking, either:

4.2.1    by credit card, debit card or Paypal if the Booking is made through our Website, by email or by telephone; or

4.2.2    in cash, if the Booking is made in person by attending the Tour on the Tour Date.

4.3      You are advised to retain evidence of your payment of the Fees, whether that be an email, a bank statement or otherwise. You will provide this evidence to us if requested.

4.4      To make a Booking with us using Paypal, you confirm that you are over the age of 18. You can however place an order with us by credit or debit card, so long as that card is in your sole name. If the card is in joint names or under the responsibility of your parent or guardian, you will need their express consent to use that method of payment. If you make an unjustified payment and a charge-back occurs, you’ll be liable to pay us within 7 days an amount equal to the charge-back plus any reasonable costs, expenses or losses that we have incurred as a result.

4.5       If any sum payable to us by you is not paid by the due date then (without prejudice to out other rights and remedies), we may do either or all of the following:

4.5.1    refuse your attendance (and that of your party, if applicable) onto the Tour;

4.5.2    charge interest on the overdue amount on a monthly basis (before or as well as after judgment) from the due date to the date of actual payment (both dates inclusive), at the rate of 4% above the Bank of England base rate. That interest will be paid by you on demand.

4.6      We will not be liable for any loss or damage that you suffer as a result of any action that we take in accordance with clause 4.4.

4.7       On the cancellation of the Agreement for whatever reason you will pay to us all unpaid sums accrued up to the date of cancellation (if applicable).

4.8       If it becomes necessary for us to issue legal proceedings in respect of any breach by you of these Conditions or of the Agreement as a whole, you will reimburse us for all costs and expenses that we incur as a result of having to take that action on an indemnity basis.

4.9      Unless we agree with you otherwise, all refunds (or part refunds) due to you will be paid into your nominated bank account within 28 days of the date that we agree in writing to the payment.

  1. Your Obligations

5.1       You shall:

5.1.1    attend the Tour from one of the pick up locations described on our Website, no later than 15 minutes before the time provided to you on the Website and/or in the Booking. Time is of the essence in regards to pick up, and you understand and accept that the Tour will leave the pick up location without you if you are not present by the stated time. If you fail to attend the Tour for whatever reason, you will not be provided with any refund of the Fees;

5.1.2    abide by any instructions or advice that we may provide to you before or during the Tour, including but not limited to health and safety information, visitor obligations and restrictions. You will also abide by any other instructions or advice provided to you at the Tour stops (by us, a third party or signage) and note that some footpaths or walkways may be unsteady or require extra caution. We will not be liable for any harm, damage or loss that you may suffer as a result of failing to comply with instructions or advice;

5.1.3    return to the Tour coach after a Tour stop by the time advised by us. Time is of the essence and if you are delayed for whatever reason, the Tour coach will only wait an additional 15 minutes to the return time before departing. We will not be liable for any harm, damage or loss that you may suffer as a result of failing to return to the Tour coach before departure;

5.1.4    promptly provide us with any other information that we reasonably request;

5.1.5    not record or film the Tour by any means, without our express prior agreement. You understand and accept that if you fail to comply with this obligation, you will be asked to depart from the Tour immediately and no refund of the Fees will be provided;

5.1.6    be able to ask us for any recommendations whilst at a Tour stop (for example, a good restaurant or shop). You understand and accept that as recommendations are based upon our own sole opinion, they may not be suitable for your particular requirements or needs and you will still need to exercise your own judgement. We will not be liable for any harm, loss or damage that you may suffer as a result of following one of our recommendations;

5.1.7    behave appropriately during the Tour and not consume any alcohol whilst on the Tour coach. If in our sole discretion we determine that you are behaving inappropriately, offensively, illegally or are in any way abusive, we will cancel the Agreement in accordance with clause 6.2 and you (and your party, if applicable) will leave the Tour immediately. You also agree to fully indemnify us for any harm, loss or damage caused as a result of your behaviour or that of your party.

  1. Cancellation

6.1       If you want to cancel your Booking, you will need to contact us by telephone, email or by writing to our registered address as soon as possible and return any receipts that we may have provided to you. A cancellation Fee will be payable before we can complete the cancellation, and refunds will be provided as follows:

6.1.1    if you contact us no less than 14 days before the Tour Date, we will issue a full refund of the Fees to you;

6.1.2    if you contact us within 2-14 days of the Tour Date, we will only be able to refund the Fees to you if we are able to re-sell your Booking (i.e. with the Tour coach being at full capacity on the Tour Date and your Booking is then re-sold to a new customer);

6.1.3   if you contact us within 2 days of the Tour Date, no refunds or amendments to your Booking will be made.

6.2       We may also cancel the Agreement with immediate effect if you make a fundamental breach of these Conditions. A fundamental breach shall mean a breach of at least one of the following:

6.2.1    failure on your part to make punctual payment of sums due to us; or

6.2.3   being in material or persistent breach of your obligations under clause 5.

6.3      Upon termination of the Agreement further to clause 8.2, you will be unable to attend the Tour (or continue your attendance on the Tour) and no refund of the Fees will be payable.

  1. Limitation of Liability

YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

7.1       This clause 7 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:

7.1.1    any breach of these Conditions;

7.1.2    any use made by you of the Services; and

7.1.3    any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Conditions.

7.2       All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.

7.3       Nothing in these Conditions limits or excludes our liability for death or personal injury resulting from negligence or for any damage or liability incurred by you as a result of our fraud or fraudulent misrepresentation.

7.4       Subject to clause 7.2 and clause 7.3 we shall not be liable for loss of profits or loss of goods, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

7.5       Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Services and the performance of these Conditions shall be limited to 200% of the Fees.

7.6       If our performance of our obligations under these Conditions is prevented or delayed by your act or omission (including but not limited to any breach by you of the obligations in clause 5), we shall not be liable for any costs, charges or losses sustained or incurred by you arising directly or indirectly from such prevention or delay.

7.7       We will not be liable for harm, loss or damage incurred if you do not act on our advice or recommendations.

  1. General

8.1       We shall not be liable to you or deemed to be in breach of our obligations to you by reason of any delay in performing, or failure to perform, any of our obligations to you in accordance with the Conditions, if the delay or failure was due to any cause beyond our reasonable control, including without limitation:

8.1.1    act of God, explosion, flood, tempest, fire or accident;

8.1.2    war or threat of war, national emergency, acts of terrorism, sabotage, insurrection or civil disturbance;

8.1.3    acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary, regional or local authority;

8.1.4    strikes, lock-out or other industrial actions or trade disputes (whether involving our employees or employees of a third party);

8.1.5    unavailability or shortages of goods, materials, fuel, part-machinery, or transportation;

8.1.6    power failure or breakdown in machinery; or

8.1.7    default of third party suppliers or subcontractors.

On those occasions, we will offer to you a full refund of the Fees or a transfer of your Booking to a new Tour Date.

8.2       The Conditions constitute the entire agreement between us and set out the full extent of our obligations and liabilities. The Conditions supersede any previous agreements, representations, statements or understandings. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Conditions.

8.3       The Conditions may not be varied except in writing between the parties and signed by Lundgren Tours Limited.

8.4       No failure or delay by either party in exercising any of its rights under these Conditions shall be deemed to be a waiver of that right and no waiver by either party or any breach of the Conditions by the other shall be considered as a waiver of any other breach or default or any subsequent breach or default.

8.5       All rights granted to either of the parties shall be cumulative and no exercise by either of the parties of any right under this Agreement shall restrict or prejudice the exercise of any other right granted by this Agreement or otherwise available to it.

10.6     A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement.

10.7     This Agreement shall be governed by English law and any proceedings arising out of or in connection with this Agreement may be brought in any court of competent jurisdiction in England and Wales.

10.8     We hope that you enjoy your Tour and will join us again. However, if for any reason you wish to raise a complaint please do not hesitate to contact us at enquiries@lundgrentours.com within 21 days of the Tour Date. We will treat any and all complaints with great importance.

 

Lundgren Tours Limited: Terms of Website Use

 

We advise that you read these terms of use before using our website.

 

Terms of website use

 

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website https://www.lundgrentours.com (our site), whether as a guest or a registered user (if you have made a booking with us). Use of our site includes accessing, browsing, purchasing or creating a booking.

 

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

 

Other applicable terms

 

These terms of use refer to the following additional terms, which also apply to your use of our site:

 

  • Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • If you make a booking on our site, our Terms and Conditions will apply to the sales.

 

Information about us

 

www.lundgrentours.com is a site operated by Lundgren Tours Limited (“We”). We are a company registered in England and Wales (CRN: 10101186) and have our registered address is at 3 Cherry Tree Drive, Swarland, Morpeth, Northumberland, NE65 9BG.

 

Changes to these terms

 

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

Changes to our site

 

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

Accessing our site

 

Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

 

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

Intellectual property rights

 

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Limitation of our liability

 

Nothing in these terms of use excludes or limits our liability for any liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

 

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

 

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material 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 content on it, or on any website linked to it.

 

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which are set out in our Terms and conditions of supply.

 

Viruses

 

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

 

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. 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. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach 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.

 

Linking to our site

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our site other than that set out above, please contact enquiries@lundgrentours.com.

 

Third party links and resources in our site

 

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

 

Applicable law

 

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

 

Contact us

 

To contact us, please email enquiries@lundgrentours.com.
Thank you for visiting our site.

 

 

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