Tours Terms and Conditions

1. TOURS

BOOKING FORM

1. TOUR inclusions 

1. 1. 1. 1. Each Tour will only include the inclusions as set out in the Booking Form. 
         2. Unless otherwise agreed in writing, the Tour will commence on the Tour Start Date from the Tour Start Location and end on the Tour End Date at the Tour End Location. 
         3. At the time of placing a Booking, you will have the opportunity to review the inclusions/exclusions of each Tour, including the schedule and dates. 
         4. For international tours, flights to the Tour Start Location and from the Tour End Location (unless otherwise specified in writing) are not included in your Booking. You are responsible for arranging your own transportation to and from the Tour, including arranging any necessary passport, visa or travel permit required to travel to that location.

2. TOUR variations

1. 1. 1. 1. We reserve the right, at any time, to reschedule, or vary the schedule of the Tour, including the advertised schedule, activities or programs operated at the Tour, venue(s), accommodation arrangements and any other ticket categories. 
         2. We may need to reschedule the dates of the Tour in certain circumstances – where the Tour is rescheduled to a new date (Rescheduled Tour), you may either:
            1. Attend the Rescheduled Tour; or
            2. If you are unable to attend the Rescheduled Tour, we will issue you with a refund of the Fees paid for the Tour. 
         3. We may need to vary the schedule of the Tour in certain circumstances – where the Tour schedule is varied CATIL will ensure a suitable substitution is arranged, offering a comparable level of enjoyment, value and interest. 
         4. To the extent permitted by law, where we cancel or vary a Tour, we will not be liable for any other loss, damage, charge or expense (including special, incidental or consequential) incurred by you as a result of such cancellation or variation including without limitation the costs of any travel to the Tour. You incur such expenses at your own risk. 

3. MEALS AND ACCOMODATION

1. 1. 1. 1. If the Tour includes food and drinks to be provided this will be stated in the Booking Form. You agree that:
            1. the meals may be provided by third parties service providers (e.g. restaurants or hotels) and you are responsible for confirming with that service provider that they are suitable for your consumption based on your personal dietary requirements;
            2. you must notify us in writing before the Tour Start Date if you have any food allergies, intolerances, medical conditions or other dietary requirements; and
            3. while we will use our best endeavours to ensure all meals consider food allergies and intolerances, we cannot guarantee any meals will be suitable and you will be responsible for confirming this with the third party service providers and/or making alternative arrangements.
         2. If alcoholic beverages are included as part of the Tour:
            1. we do not condone excessive or binge drinking and promote responsible drinking of alcohol;
            2. you must always abide by laws regarding lawful drinking practices;
            3. you must not participate in any physical activities at the Tour while under the influence of alcohol or any other drugs or illicit substances as those substances impair your ability to participate safely and may result in significant injury or death to you or others; and
            4. we reserve the right to refuse your further participation in the Tour if we suspect that you have not complied with this clause (in which case you will not be entitled to any refund). 
         3. If the Tour includes accommodation, you acknowledge and agree that the accommodation is a shared space (which may be occupied by other parties not affiliated with CATIL) and you are responsible for ensuring your own safety and bringing any additional items you may need during the Tour.

4. ATTENDEES

1. 1. 1. 1. We are only required to provide the Tour and Services to the Attendees as specified in the Booking Form. 
         2. If any of the Attendees change, including if an Attendee cannot make the Tour, you must notify us in writing. 
         3. All Attendees under the age of 18 must be accompanied by a parent/guardian and must be supervised by you or another Attendee in your Booking at all times. 
         4. You are responsible for all Attendees included in your Booking, including any breaches of this agreement by an Attendee. 
         5. You acknowledge and agree that, unless otherwise agreed in writing, the Tour is a group tour and other participants may attend the Tour including participating in activities or Services included in the Tour. We are not responsible and shall not be held liable for the actions of any participants in the Tour. 

5. ATTENDEE CONDITIONS

1. 1. 1. 1. You may be denied entry into the Tour, or removed from the Tour if you fail to follow these terms or where we have reasonable grounds to do so including (without limitation) where we believe that you have engaged in any illegal or disruptive activities, you are intoxicated, under the influence of illicit substances, represent a security risk, or have acted in a manner which affects the enjoyment of the other attendees at the Tour or the public. If you are removed or denied entry from the Tour you will not be entitled to any refund.
         2. You acknowledge at all times you are solely responsible and liable for your own behaviour and wellbeing, and the behaviour and wellbeing of each Attendee included in your Booking, while participating in any activities at the Tour and all Attendees must comply with our reasonable directions at all times. 
         3. The Tour is also subject to any additional terms and conditions of the owner or licensor of the venue at which the Tour (including any part of the Services) is held (if any). Admission to the Tour is subject to any of the venue conditions. You agree to comply with all reasonable instructions issued by us or by the owner or licensor of the venue. 

2. BOOKING A TOUR

1. 1. 1. 1. By accepting this agreement in respect of a Tour (Booking) you represent and warrant that:
            1. you have the legal capacity to enter into a binding contract with us; and
            2. you are at least 18 years of age.
         2. Making a Booking constitutes your intention and offer to enter into a contract with us where we will provide you with the Tour you have booked in exchange for the Fees set out in the Booking Form.
         3. We understand that everyone is unique and has their own preferences, sensitivities and history. If there is anything that you think we should know about you before you attend the Tour, please let us know so that we can accommodate your needs to the best of our ability. 
         4. We reserve the right to refuse to provide the Tour (by cancelling your Booking and refunding any Fees paid) to any person we deem unfit or unsafe for the Tour, in our sole discretion. 
         5. You represent and warrant that: 
            1. the information you have provided is accurate and up-to-date;
            2. you will provide us with any of your pre-existing health conditions; and
            3. you will notify us as soon as reasonably practicable if any of your circumstances change.
         6. If we discover that any of the information you have supplied to us is inaccurate, we may, at our discretion, refuse to provide the Services to you.

2. DISCLAIMER

1. RISK

1. 1. 1. 1. You acknowledge and agree that your participation and attendance at a Tour is at your own risk. We provide each Tour (including any Services) on an “as-is” basis and whilst every effort is made to ensure the information provided through the Tour is accurate, we make no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of anything contained in the Services and each Tour for any purpose.
         2. You acknowledge and agree that any information made available in connection with the Tour is general in nature and does not constitute medical, legal, financial, business or any other type of advice. Any information provided to you and in any linked or referred to materials or websites is not and should not be construed as medical, legal, financial or business advice. Information provided during the provision of the Services and each Tour by us and our associated companies, staff, presenters and volunteers is for educational and informational purposes only.
         3. The Services may provide support, guidance and tools to assist you to participate in parts of the Tour, but any decision you make, and the consequences that flow from such decisions, are your sole responsibility. We will not be responsible for any decisions that you make, nor any loss, damage, charge or expense (including special, incidental or consequential) that may arise out of any decision made by you at any time. 
         4. Any testimonials and examples within any marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
         5. You should not rely on any information contained in the Services in making medical, health-related, business, legal or financial decisions.
         6. The Tour may include physical activities and your participation in the Tour includes the risk of physical injury which may be serious and disabling. 
         7. Before participating in any activity, you must evaluate whether your current physical condition allow you to participate in a safe manner.
         8. If you have any injuries or medical conditions, including pregnancy, you must inform CATIL before the Tour or the start of any activity forming part of the Tour. You must not participate in the Tour if your participation in any activities may increase your risk of further injury or if it is unsafe for you.
         9. You assume full risk and responsibility for your participation in the Tour. You acknowledge and agree that none of the staff at CATIL are medical professionals and should not be relied on as such. If at any time you feel dizzy, faint, unwell, discomfort or pain, you must stop participating in the activity.
         10. If you notice an unsafe situation during the course of the Tour our or notice another participant with an injury, you must immediately notify CATIL. 
         11. You are responsible for bringing any equipment or additional items you need for the Tour. We will not be responsible for any loss, damage or theft of any of your equipment or other items that you bring with you to the Tour.

2. REPRESENTATIONS

1. 1. 1. 1. You acknowledge and warrant that you and each Attendee:
            1. understand the risks and requirements of the activities that you will participate in as part of the Tour and your Booking; 
            2. possess the necessary fitness and are physically able to participate in all activities that form part of the Tour; and
            3. do not have any medical conditions or mobility issues which may affect your ability to participate in the activities including in a Tour which have not been notified to CATIL. 
         2. You acknowledge that CATIL may, in their discretion, refuse to allow you to participate in an activity if they do not believe that you are fit to participate and may not offer you a refund of any Fees paid by you in respect of all or part of the Booking. 

3. TRAVEL OBLIGATIONS

1.PASSPORT AND VISA 

1. 1. 1. 1. You acknowledge and agree that all travellers in connection with a Booking must have a valid passport, and if applicable, a valid visa, or other travel permit, for international travel to the Tour Start Location and any other destination included in the Tour. 
         2. You acknowledge and agree that: 
            1. it is solely your responsibility to ensure that you have a passport and/or visa that complies with any entry and exit requirements of the countries you intend to travel to; 
            2. you will advise us at the time of making your Booking, if you do not have a valid passport, visa or other travel permit for the destination you intend to travel to; 
            3. any information we provide to you regarding passport and/or visa requirements are of general nature only and should not be relied upon you as professional advice; and
            4. CATIL will not be liable to you for any losses whatsoever that you incur in connection with any issues with your passport and/or visa, including but not limited to fines, penalties, ticket cancellations or denied entry into a country. 

2. INSURANCE

1. 1. 1. 1. You acknowledge that it is your sole responsibility to obtain travel insurance that will cover you and all travellers in connection with a Booking or Tour. Unless explicitly stated otherwise, travel insurance is not included as part of your Booking. 
         2. We strongly encourage you to take out adequate travel insurance to cover you in all of the regions you will visit, and any Tour you will be attending, and any cancellations, medical and repatriation expenses, personal injury and accident, contracting any illness, that you provide evidence of obtaining such insurance before completing a Booking.

3. Fees and PAYMENT

1. 1. 1. 1. The price of a Tour is that stated in the Booking Form. 
         2. You must pay the Fees in the amounts, and on or before the due dates, set out in the Booking Form.
         3. You must pay the deposit set out in the Booking Form at the time of making a Booking (Deposit). The Deposit secures your spot on the Tour and is not refundable for change of mind. 
         4. We will issue an Invoice to you for the payment of any remaining Fees. You must pay the Fees in accordance with the remittance method set out in an invoice. 
         5. If you fail to make a payment of the Fees when they become due, including by any dates specified in the Booking Form or as indicated in any Invoice, we reserve the right to cancel your Booking and retain any deposit paid. 

4. cancellation

1. NO CANCELLATION BY YOU

1. 1. 1. 1. The Tour and our Services are for guided tours through museums, exhibitions and galleries in London and Europe tailored around your interests and scheduled to run at fixed dates and times. We therefore do not permit cancellation for change of mind. 
         2. If you cancel your Booking, you acknowledge and agree that all unpaid Fees will remain due and payable and any Fees already paid are non-refundable. 
         3. Nothing in this clause is intended to limit any rights you have under consumer law. 

2. CANCELLATIONS BY US

1. 1. 1. 1. If we are required to cancel or reschedule a Tour before the Tour begins, we will notify you as soon as possible.
         2. If we cancel a Tour under this clause, we will refund any Fees paid. 

3. INTELLECTUAL PROPERTY

1. 1. 1. 1. we own all rights, title and interest in and to all material associated with a Tour (including any material developed during the course of a Tour and the Intellectual Property contained therein), such as the content of any tours (Materials); and
         2. you will not copy, reproduce, alter, modify, create derivative works, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Materials except with our prior written permission or the relevant third party authorised to grant such permission and when doing so you must adequately acknowledge us or the relevant third party.

1.Photos & Filming Consent

1. 1. 1. 1. You acknowledge and agree that we (or an authorised agent of ours) may take photos and/or videos of you and any Attendees included in your Booking, including your participation in any activities or attendance at a Tour.
         2. You authorise and consent to us using any photograph or video taken of any Attendee participating in the activities or attending the Tour, for any purpose including for promotional and marketing purposes of future events.

2. THIRD PARTIES

1.THIRD PARTY TERMS

1. 1. 1. 1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party, such as our transport, accommodation and food providers (Third Party Terms).
         2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Tour or any Services and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

2. Third party providers

1. 1. 1. 1. other materials are not endorsed by us in anyway (except where we otherwise expressly advise);
         2. we do not take steps to verify the accuracy, completeness or otherwise of other materials and as such provide no warranty or representations of other materials;
         3. we are not responsible for any other materials;
         4. with respect to food or drink items:
            1. actual nutrient values, information and serving sizes labelled on the items are provided by a third party unrelated to us and we are not liable for such;
            2. information provided by a third party is approximate and intended to be used as a guide only;
            3. we do not guarantee that any food or drink is safe to consume, and you consume such at your own risk; and
            4. no allergen or nutritional information provided by a third party should ever be considered a guarantee, and we will not be liable for any loss or damage arising in connection with adverse reactions to food or drink consumed or other items you may come into contact within connection with the Services.

3. Commission notice

1. 1. 1. 1. If you purchase any artwork or other items from a Gallery that you have visited as part of our Tour, CATIL may receive a Commission from that Gallery in respect of such sales resulting from you being introduced, referred, or brought to the Gallery by CATIL in connection with the Tour (Commission).
         2. The Commission will not affect the Purchase Price you pay for the Art. 
         3. You are under no obligation to purchase Art from any Gallery visited as part of the Tour.

2. CONFIDENTIALITY

1. 1. 1. 1. no information owned by us, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
         2. all communications involving the details of other participants of the Tour are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.

3. PRIVACY

1. 1. 1. 1. We will collect and process your personal details including name, email address, contact telephone number and address for the purpose of entering into this contract with you and providing you with the Tour and ancillary Services, and for our legitimate interests including the legitimate interests of our suppliers and sub-contractors. 
         2. By making a Booking you agree to our processing of your (and any Attendees included in your Booking) personal data for the purpose set out in this clause. You warrant that you have consent from all Attendees for us to process their personal data in accordance with this agreement. 
         3. We will comply at all times with the UK General Data Protection Regulations when processing the personal data of any Attendee (including you) under this agreement. 

3. liability and indemnities 

1. 1. 1. 1. (Limitation of liability) To the maximum extent permitted by applicable law, CATIL excludes limits all liability whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Tour or Services to the amount paid under this agreement.  
         2. Nothing in this agreement shall exclude or limit a party’s liability for fraud or intentional unlawful conduct by a party, or death or personal injury resulting from a party’s negligence.
         3. (Indemnity) You agree to indemnify CATIL and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ (including any Attendee in your Booking):
            1. breach of any term of this agreement; or
            2. negligent, fraudulent or criminal act or omission.
         4. (Consequential loss) To the maximum extent permitted by law, under no circumstances will CATIL be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Agreement or their subject matter (except to the extent this liability cannot be excluded at law). 
         5. To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under agreement including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

4. Nature of the SERVICES

1. 1. 1. 1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
            1. contact us using the contact details at the top of this page; or
            2. visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
         2. The services that we provide to you must be carried out with reasonable care and skill. In addition:
            1. where the price has not been agreed upfront, the cost of the services must be reasonable; and
            2. where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.
         3. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
         4. If the services we have provided to you are faulty, please contact us via the details set out in the Booking Form. 
         5.  

if the parties have a dispute

1. 1. 1. A party claiming that a dispute has arisen under or in connection with this Agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
      2. A party that requires resolution of a dispute which arises under or in connection with this Agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause. 
      3. Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

5. FORCE MAJEURE

1. 1. 1. 1. A ‘Force Majeure Event’ means any occurrence beyond the control of the Affected Party which prevents the Affected Party from performing an obligation under this agreement (other than an obligation to pay money), including any:
            1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
            2. strike or other industrial action; 
            3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
            4. decision of a government authority in relation to COVID-19, or other epidemic or pandemic, to the extent the occurrence affects the Affected Party’s ability to perform the obligation.

1. 1. 1. 1. If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
            1. reasonable details of the Force Majeure Event; and
            2. so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
         2. Subject to compliance with clause 30(b), the relevant obligation will be suspended during the Force Majeure Event to the extent that the obligation is affected by the Force Majeure Event.
         3. The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible and resume performing the relevant obligation.

NOTICES

1. 1. 1. 1. Any notices required to be sent under this agreement must be sent via email using the party’s email addresses set out in the Booking Form and the email’s subject heading must refer to the name and date of this agreement. 
         2. If no email address is stated in this agreement, the notice may be sent to the email address most commonly used by the parties to correspond in relation to this agreement at the time the notice is sent. 
         3. The notice will be considered to be delivered 24 hours after it was sent, unless the sender has reason to believe the email failed to send or was otherwise not delivered or received.

GENERAL

GOVERNING LAW AND JURISDICTION

WAIVER

THIRD PARTY RIGHTS

SEVERANCE

JOINT AND SEVERAL LIABILITY

ASSIGNMENT

COSTS

ENTIRE AGREEMENT

1. 1. INTERPRETATION
      1. 1. (singular and plural) words in the singular includes the plural (and vice versa);
         2. (gender) words indicating a gender includes the corresponding words of any other gender;
         3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
         4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
         5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
         6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
         7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
         8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
         9. (includes) the word “includes” and similar words in any form is not a word of limitation; 
         10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
         11. (currency) a reference to £ or GBP is to pound sterling currency unless otherwise agreed in writing.