Portfolio Art Tours terms & conditions and privacy policy

We aim to be fair, reasonable and sympathetic in all our dealings with clients, and to always act with integrity.

This page contains three sections:

1: Terms and Conditions relating to services provided by Portfolio Art Tours and our contract with our clients

2: Terms and Conditions relating to the use of our website

3: Our privacy policy


1: Terms and Conditions

1.1   Defined Terms

1.1.1    When the following words are used in these Terms, this is what they will mean:

(a)    Event Outside Our Control: is defined in clause 1.8.2;

(b)    Order: Your order for the Services;

(c)    Party: any persons on whose behalf You book Services for;

(d)    Services: the services that We are providing to You as set out in the Order

(e)    Terms: the terms and conditions set out in this document;

(f)    We/Our/Us: Portfolio Art Tours Ltd (Co. Number 10633822), Gooseberry Cottage, Wellow, Bath, BA2 8QN

(g)    You/Your: The person booking the Services and any person on whose behalf the Services are book for.

1.1.2    When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.

 

1.2   Our contract with You

1.2.1    These are the Terms on which We supply Services to You.

1.2.2    Please ensure that You read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before You submit the Order. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.

1.2.3    When You submit the Order to Us, this does not mean We have accepted Your order for Services. Our acceptance of the Order will take place as described in clause 1.2.4. If We are unable to supply You with the Services, We will inform You of this in writing and if any monies have been paid they will be refunded to you.

1.2.4    These Terms will become binding on You and Us when We issue You with a written acceptance of an Order at which point a contract will come into existence between You and Us.

1.2.5    We shall assign an order number to the Order and inform You of it when We confirm the Order. Please quote the order number in all subsequent correspondence with Us relating to the Order.

1.2.6    Upon submitting an Order You guarantee to Us that You have the authority to accept and do accept these Terms on Your own behalf and on behalf of all members of Your Party.

 

1.3   Changes to Order or Terms

1.3.1    We may revise these Terms from time to time in the following circumstances:

(a)    changes in relevant laws and regulatory requirements; and

(b)    where required by a third party.

1.3.2    If We have to revise these Terms under clause 1.3.1, We will give You at least 48 hours written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 1.9.

1.3.3    We reserve the right to make minor changes to Your Services after the booking has been confirmed.

1.3.4    Once the contract has been entered into You will not be able to cancel an Order except as set out in clause 9.

 

1.4   Providing Services

1.4.1    We will supply the Services to You on the date(s) set out in the Order.

1.4.2    We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 1.8 for Our responsibilities when an Event Outside Our Control happens.

1.4.3    We may have to suspend the Services if We have to deal with technical problems, or to make changes agreed between You and Us in writing to the Services. We will contact You to let You know in advance where this occurs, unless the problem is urgent or an emergency.

1.4.4    If You do not pay Us for the Services when You are supposed to as set out in clause 1.6.3, We may suspend the Services with immediate effect until You have paid Us the outstanding amounts (except where You dispute an invoice under clause 1.6.5). We will contact You to tell You this. This does not affect Our right to charge You interest under clause 1.6.4.

 

1.5   If there is a problem with the Services

1.5.1   In the unlikely event that there is any problem with the Services provided:

(a)    please contact Us and tell Us as soon as reasonably possible; and

(b)    please give Us a reasonable opportunity to remedy any problem.

 

1.6   Price and Payment

1.6.1    The price of the Services is set out at the time We confirm Your Order. Our prices may change at any time, but price changes will not affect Orders that We have confirmed with You.

1.6.2    These prices include VAT, where applicable. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We reserve the right to adjust the rate of VAT that You pay.

1.6.3.   Payment for Your Order: In order to confirm your booking you must pay the deposit indicated in your order. The balance (if any) of the cost of your arrangements is due for settlement not later than 42 days before departure. If you are booking within 42 days of departure, you will be asked to settle the cost of your order in full at the time of confirmation. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 1.9 below will become payable.

All payments to be paid in sterling by:

(a) bank transfer to the bank account detailed in your Quote, giving the Order number as the bank reference; or

(b) cheque, made payable to Portfolio Art Tours Limited, and sent to the following address along with your completed booking form: Portfolio Art Tours Ltd, Gooseberry Cottage, Wellow, Bath BA28QN, England.

 

1.7   Our Liability to You

1.7.1    If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time we entered into this contract.

1.7.2    We shall not be liable for the following:

(a)    any delays in the schedule caused by traffic and/or bad weather;

(b)    loss or theft of personal belongings;

(c)    delays caused by You or other participants;

(d)    any losses incurred by You save for those specified in these Terms.

1.7.3    We do not exclude in any way Our liability for:

(a)    death or personal injury caused by Our negligence;

(b)    fraud or fraudulent misrepresentation; and

(c)    breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).

1.7.4    Except where We are prohibited by statute, in any circumstances where we are found to be liable and no exclusion is provided for by these Terms, Our liability shall be limited to the amount paid for the Order.

 

1.8   Events Outside Our Control

1.8.1    We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

1.8.2    An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation technical problems with transport, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, bad weather, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

1.8.3    If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

(a)    We will contact You as soon as reasonably possible to notify You; and

(b)    Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to You, We will restart the Services as soon as reasonably possible after the Event Outside Our Control.

1.8.4    If an Event Outside Our Control results in the Services being unavailable on the day specified in the Order then this contract shall be deemed cancelled in accordance with Clause 1.9.

1.8.5    You may cancel the contract if an Event Outside Our Control takes place and You no longer wish Us to provide the Services. Please see Your cancellation rights under clause 1.9. We will only cancel the contract if the Event Outside Our Control continues, or is likely to continue, in accordance with Our cancellation rights in clause 1.9.

 

1.9   Your rights to Cancel and Applicable Refund

1.9.1    Before We begin to provide the Services, You have the following rights to cancel an Order for Services, including where You choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 1.3.1 to Your material disadvantage:

1.9.2    Once We have begun to provide the Services to You, You may cancel the contract for the Services at any time. If you cancel. If you have to cancel your participation on a tour, there would be a charge which varies according to the period of notice you give. Up to 42 days before the order due date the deposit only is forfeited. Thereafter a percentage of the total cost of the order will be due:

– between 41 and 29 days: 40%

– between 28 and 15 days: 60%

– between 14 days and 3 days: 80%

– within 48 hours: 100%

1.9.3    Once We have begun to provide the Services to You, You may cancel the contract for Services with immediate effect by giving Us written notice if:

(a)    We break this contract in any material way and We do not correct or fix the situation within a reasonable period of You asking Us to in writing;

(b)    We go into liquidation or a receiver or an administrator is appointed over Our assets;

(c)    We change these Terms under clause 1.3.1 to Your material disadvantage; or

(d)    We are affected by an Event Outside Our Control.

1.9.4    Any refund, regardless of the circumstances, will only be made to the source of the original payment and is always less bank charges incurred by Us where applicable.

 

1.10   Your rights to Cancel and Applicable Refund

1.10.1    We may have to cancel an Order before the start date for the Services, due to the unavailability of key personnel or key materials without which We cannot provide the Services or because the minimum number of people required for the Services to be provided have not been met. If this happens:

(a)    We will contact You as promptly as possible to let You know;

(b)    If You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You.

(c)    Where We have already started work on Your Order for Services, We will not charge You anything and You will not have to make any payment to Us.

1.10.2    Once We have begun to provide the Services to You, We may cancel the contract for the Services at any time. If You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You.

1.10.3    We may cancel the contract for Services at any time with immediate effect if:

(a)    You have not arrived within 1hr of the start time specified in the Order;

(b)    if in Our sole discretion we feel that You or a member of Your Party pose a risk to Yourself, themselves or a fellow participant; or

(c)    Your behaviour or that of a member of Your Party is in Our sole discretion unacceptable; or

(d)    Your actions or those of a member of Your Party are in Our sole discretion considered to be disrupting the enjoyment of other participants.

1.10.4    Where the Services are not provided or cancelled for the reasons specified in clause 1.10.3 no refund shall be provided.

1.10.5    Where the Services are not provided due to an Event Outside Our Control we shall only refund any monies recovered from a third party provider, less bank charges incurred by Us where applicable.

 

1.11   Information about us and how to contact us

1.11.1    If You have any questions or if You have any complaints, please contact Us at Portfolio Art Tours Ltd, Gooseberry Cottage, Wellow, Bath, BA2 8QN

 

These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.

 


2: Terms of use of our website

2.1   Introduction
These terms and conditions govern your use of our website; by using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, do not use our website.

2.2   Intellectual property rights
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.

2.3   Licence to use website
You may view, download for caching purposes only, and print pages from the website, provided that: you must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system; you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent; you must not edit or otherwise modify any material on the website.

2.4   Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on this website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).

Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings. However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

2.5   Variation
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

2.6   Entire agreement
These terms and conditions, along with the privacy policy below, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

2.7   Law and jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

2.8   Our contact details
The full name of our company is Portfolio Art Tours Ltd. You can contact us by email here:


3: Privacy policy

This privacy policy sets out the data processing practices carried out through the use of the internet and any other electronic communications networks by Portfolio Art Tours Ltd. If you have any requests concerning your personal information or any queries with regard to these practices please contact us here. Please note that all data thus captured will be used and held in accordance with the requirements of the Data Protection Act 1998.

3.1   Information collected

We collect information from visitors to this website through the use of online forms and email hyperlinks as used on the contact web page and the newsletter subscription web page, and any other pages where we collect your information.

We collect your details when you email us with an enquiry and when you subscribe to the newsletter or other marketing materials. We may append details to your record from publicly available third party sources to ensure we have a full set of contact details for you.

In addition to the above, we collect information automatically about your visit to our website. Please see our Cookies Section (item 2.10 below) for more details.

3.2   Use of personal information

We process personal information collected via this website for the purposes of:

  1. Dealing with your enquiries and requests
  2. Providing newsletter services
  3. Providing you with other relevant information on our products and services we believe you may be interested in.

3.3   Data capture information

If you would like to unsubscribe from the newsletter or any other regular communications, please use the UNSUBSCRIBE link at the foot of the relevant email. You can email us here, or call us on+44 (0)7736 180021. Alternatively you can also write to us at Portfolio Art Tours, Gooseberry Cottage, Wellow, Bath BA2 8QN, UK.

3.4   Retaining personal information

This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. For example: in the case of retaining your personal information for marketing purposes we will retain your data for five years from the last date we had contact with you.

Notwithstanding the other provisions of this Section 4, we will retain documents (including electronic documents) containing personal data:

  1. to the extent that we are required to do so by law;
  2. if we believe that the documents may be relevant to any ongoing or prospective legal proceedings;
  3. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

3.5   Marketing

Please note that we will not pass the information you have provided us to any third parties for marketing purposes. However we may share the information internally within Portfolio Art Tours.

Any sales or marketing communication (as described in 2.3) will include the ability to subscribe or unsubscribe from the mailing list.

3.6   Disclosures

We will not share your data with third parties unless we have your consent, or if we are obliged to disclose personal data by law, or the disclosure is ‘necessary’ for purposes of national security, taxation and criminal investigation.

3.7   Other websites

Our website may contain links to other websites that are outside our control and are not covered by this privacy policy. If you access other sites using the links provided, the operators of these sites may collect information from you that will be used by them in accordance with their privacy policy, which may differ from ours.

3.8   Subject access requests

You have the right to see what personal data we hold about you. To obtain a copy of the personal information we hold about you, please write to Customer Services, Portfolio Art Tours, Gooseberry Cottage, Wellow, Bath BA2 8QN, UK. Please note that we reserve the right to charge a fee of up to £10 for any such request.

3.9   Internet-based transfers

Given that the internet is a global environment, using it to collect and process personal data necessarily involves the transmission of data on an international basis. This means for instance that data you pass to us may be processed outside the European Economic Area, although the data will always be held securely and in line with the requirements of UK data protection legislation. By communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.

3.10   Use of cookies

This site uses cookies – small text files that are placed on your machine to help the site provide a better user experience. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party applications like Google Analytics. As a rule, cookies will make your browsing experience better. However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance for all modern browsers.

Amendments

Please note that this privacy policy is subject to change from time to time. It was last updated in April 2017.