1. These terms
1.1 What these terms cover. These are the terms and conditions on which we contract with you for the delivery of a brewery tour, and other related services (as applicable).
1.2 Why you should read them. Please read these terms carefully before you submit a booking request to us. These terms tell you who we are, how we will provide services 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, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Brewtown Limited a company registered in England and Wales. Our company registration number is 10140289 and main trading address is 323 Clifford House, 7-9 Clifford Street, York, Y01 9RA.
2.2 How to contact us. You can contact us by telephoning our consumer service team at or by writing to us at [email protected] and at the postal address above.
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 booking.
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 the contract is formed.
3.1.1 If you are acting as a Consumer. You are able to make a request to be admitted on to a brewery tour (Tour) or purchase a gift voucher (Voucher) by using the pages on our site www.brewtowntours.co.uk (Booking Request). A Booking Request will only be accepted and the contract between you and us when we write to you by E-mail to accept it. The contract will be formed at the time of our E-mail to you.
3.1.2 If you are acting in the course of Business or a consumer requesting a private or bespoke Tour, we will issue you with a quotation which shall remain valid for a period of 28 days from its date of issue by us. Quotations are not to be regarded as an offer. If you wish to proceed with a quotation then you should submit an offer to proceed with the quotation (Booking Request) in writing to us. The Booking Request shall only be deemed to be accepted when we issue a written acceptance of it, at which point and on which date the contract between you and us for the Tour shall come into existence.
3.2 If we cannot accept your Booking Request. If we are unable to accept your Booking Request, we will inform you of this in writing and will not charge you for it and shall make a full refund of those sums that you have paid to us. This might be because of unexpected limits on our resources, or that of third party breweries or service providers, which we could not reasonably plan for
3.3 Your contract number. When you book online using our site, we will assign a number to your contract and tell you what it is when we accept your Booking Request. It will help us if you can tell us the contract number whenever you contact us about your contract.
4.1.1 The itinerary for your Tour (which shall include, without limitation, the date, and pick up and drop off times and locations,), will be provided on our site or as part of our quotation to you (if you are acting in the course of Business) and E-mailed to you when we accept your Booking Request. You should ensure that you have read and considered the contents of the itinerary before submitting a Booking Request.
4.1.2 It is your responsibility to ensure that you and each member of your Group attends at designated pick up points on time. We will attempt to contact you by telephone if you (or any member of your Group) are absent but shall not be liable to you for a refund if any part of the Tour is missed as a result of you missing a designated time slot.
4.2 Groups. You are required to provide the names of those guests on the Tour which are part of your group (if you are booking on behalf of more than one person) (Group). As Group leader you are the only person who is entitled to contact us about the Tour and to make changes to it. We are only able to accept a maximum number of 8 people on each Tour without prior agreement; any such Tour will be regarded as a bespoke Tour.
4.3.1 By entering into a contract with us you warrant (promise) that yourself (and each member of your Group) is aged 18 or over.
4.3.2 We may make an exception to our age requirements in circumstances where a minor’s legal guardian has provided express written consent to their presence on the Tour, and no brewery has objected.
4.3.3 Proof of age should be carried at all times whilst on the Tour.
4.3.4 We reserve the right to expel an individual at any time from participating in a Tour should they be a minor. You will not be entitled to a refund in these circumstances.
4.4 Service of Alcohol. Service of alcohol will be made in accordance with the licensing laws applicable to the location of the Tour. We reserve the right to expel you (or any member of your Group) from the Tour should you consume alcohol at any location where is it not permitted (for example in our vehicles, or at certain locations within each brewery). For your safety and the safety of other guests, the excessive consumption of alcohol is not permitted on the Tour.
4.5 Safety. You, and each member of your Group, for your safety, must comply with the instructions that we (or any of a brewery’s personnel) provide to you. You should wear suitable footwear (not high heals, flip-flops, or sandals) as not to do so may result in you not being admitted to certain part of a brewery. You are responsible for ensuring the safety each member of your Group.
In all matters the decision of the Tour leader will be final. If you or any member of your Group are dismissed from the Tour, you shall not be entitled to a refund.
4.6 Disabilities. You should advise us of any disabilities that you (or any member of your Group) may have. We will endeavour to make suitable facilities available but cannot guarantee that each brewery (or other third party) will be able to accommodate you. We cannot be held responsible for the failure of any third party to make reasonable adjustments to it facilities.
5. Your rights to make changes
If you wish to make a change to your Booking Request 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 of the Tour, 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.
6. Our rights to make changes
6. 1 Minor changes to a Tour. We may change the content of a Tour:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement any minor changes to the itinerary of it.
7 More significant changes to the content of a Tour. In the event that significant changes are required to be made to a Tour (for example to the date, or to the breweries participating in it) we may make changes to the Tour but if we do so we will notify you and you may then contact us to end the contract. A Tour will only proceed if there are at least five people booked onto it.
7.1 We are not responsible for delays outside our control. If our performance of the services is affected 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 a Tour booked on but which did not proceed.
7.2 What will happen if you do not provide required information to us. We will need certain information from you so that we can provide the services to you, for example, the names of those individuals in your Group and any disabilities that they may have. We will contact you in writing to ask for this information. If you do not, within a reasonable time of us asking for it, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 9.1) 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 you (or any member of your Group) from not being admitted onto a Tour if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.3 Reasons we may delay the date of a Tour. We may have to delay a tour date to:
7.3.1 deal with technical problems or make minor technical changes;
7.3.2 update the our facilities or the services that constitute the Tour to reflect changes in relevant laws and regulatory requirements;
7.3.3 make changes as requested by you or notified by us to you (see clause 6).
7.4 Your rights if we delay the date of a Tour. We will contact you in advance to tell you if a Tour cannot progress on its scheduled date. In these circumstances you will be entitled to register for another date or to a full refund.
8. Your rights to end the contract
8.1 You can always end the contract or transfer to another Tour date. You may contact us at any time to end the contract or transfer to another Tour date, but in some circumstances we may charge you certain sums for doing so, as described below.
8.2 What happens if you have good reason for ending the contract? If you are ending the contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
8.2.1 we have told you about an upcoming change to a Tour which you do not agree to (see clause 7);
8.2.2 we have told you about an error in the price or description of a Tour and you do not wish to proceed;
8.2.3 there is a risk the Tour will not progress on its scheduled date because of events outside our control;
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 What happens if you end the contract without a good reason? If you are not ending the contract for one of the reasons set out in clause 8.2, the contract will end immediately but we may charge you a percentage of the price calculated below depending on the date on which you end the contract:
If you cancel your booking:
Between 0 – 7 days before the Tour date – no refund is due
Between 8 – 30 days before the Tour date – 50% of the price will be refunded
More than 30 days before the Tour date – 100% of the price will be refunded.
8.4 What happens if you wish to transfer to another Tour date?
8.4.1 If you wish to transfer to another Tour date then we will endeavour to accommodate this. You should notify us in writing as soon as possible setting out your contract number and the details of the upcoming Tour(s) that you wish to transfer your booking to. There may be an administrative charge levied by us to achieve this, as below. If you wish to cancel the contract in the event that another acceptable Tour date is unavailable, then the provisions relating to cancellation in these terms shall apply.
8.4.2 If you change to another Tour date Between 0 – 30 days before the Tour date that you are booked on, an administrative charge of £10 per person will be payable. At all other times no charge shall be levied.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 2 working days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
9.1.3 you do not, within a reasonable time, give us access to your property to enable us to provide the services to you; or
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you £10 as compensation for the net costs we will incur as a result of your breaking the contract.
10. Price and payment
10.1 Where to find the price for our Tours.
10.1.1 If you are acting as a Consumer. The price of our Tours (which where appropriate will include VAT) will be the price set out in our price list in force on our site at the date that we accept your Booking Request unless we have agreed another price in writing.
10.1.2 If you are acting in the course of Business, the price of the Tour will be that set out in our quotation, which shall be valid for 28 days from the date that is was issued by us.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the service’s correct price at your order date is higher than the price stated we will contact you for your instructions before we accept your Booking Request. If we accept and process your Booking Request where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and cancel your Tour booking.
10.4 When you must pay and how you must pay.
10.4.1 Consumer. All payments must be made to us at the time that you make a Booking Request. You may use any credit that you may have on one of our Vouchers to pay either in part or in full.
10.4.2 Business, (or bespoke or private Consumer Tours). If you are acting in the course of business or as a consumer that wishes to book a private or bespoke Tour, we require the sum of £100 from you as a deposit on the date that you make a Booking Request. The balance of the contract price is then due within 14 days of the date that the Tour is due to take place.
10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date (see clause 10.4) we may charge interest to you on the overdue amount at the rate of 2 % a year above the base lending rate of the Bank of England from time to time.
10.6 What to do if you think an invoice 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.
11.1 Vouchers are redeemed on our site either in full or partial settlement of the price of a Tour, depending on the value of the Voucher. Any remaining balance will remain as a credit to the owner of the Voucher until it expires.
11.2 Vouchers are valid for a period of 12 months from the date that they were purchased.
11.3 Vouchers cannot be exchanged for cash nor should they be treated as such. We are not liable to you for lost or stolen Voucher codes.
11.4 Vouchers may be purchased in denominations of £30 and £50. Should a refund be made by us under a contract paid for in whole or in part by a Voucher, then any refund made by us will be made in the same way.
12. Our responsibility for loss or damage suffered by you
12.1 Our liability
12.1.1 Consumer. If you are contracting with us as a Consumer, 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.
12.1.2 Business. We shall shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the contract created by these terms for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of damage to goodwill; or
(g) any indirect or consequential loss.
Our liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract created by these terms shall be limited to 120% of the total price paid by you under such contract.
12.1.3 Whether you are acting as a Consumer or in the course of Business, you will be responsible for all damage that you cause to our property or that of a third party whilst on a Tour. We will notify you in writing of the costs to be incurred by you which shall payable immediately.
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 provision of the contract between you and us that is created by these terms.
13. Other important terms
13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You are not entitled to transfer your rights under this agreement to another person (including a corporate person such as a limited company or limited partnership.
13.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.3 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.
13.4 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 or 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 services, we can still require you to make the payment at a later date.
13.5 Which laws apply to this contract and where you may bring legal proceedings.
13.5.1 Consumer. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
13.5.2 Business. If you are a business, these terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.