Terms & Conditions
Terms and Conditions of Use Agreement LOCALFLAVOURSTOURS.COM
Terms and Conditions of Use Agreement LOCALFLAVOURSTOURS.COM
1. Booking Terms: Online Reservations can only be made with a valid credit card. Your credit card will be charged immediately when making the reservation.
1a. Cancellation Policy:
NON-REFUNDABLE, CANNOT BE RESCHEDULED:
Once purchased, tickets cannot be refunded and cannot be rescheduled because your space is being guaranteed at the event.
ACTIVITY TAKES PLACE RAIN OR SHINE:
The activity runs regardless of weather conditions. In the rare situation where the seller is forced to cancel the event, ticket-holders will be allowed to reschedule to another time (subject to availability).
TICKETS ONLY VALID FOR SELECTED EVENT. CASH PAYMENTS AND WALK UP TRAFFIC ARE NOT ACCEPTED
When purchasing tickets, review all booking details carefully as tickets cannot be exchanged for another event, date and/or time. All participants must purchase a full-priced ticket in advance, even if they do not wish to participate in food tastings.
LOCAL FLAVOURS TOURS reserves the right to cancel the tour at any time. In this situation the price for the tickets purchased will be reimbursed.
2. Intellectual Property: All information, content, services and software displayed on, transmitted through, or used in connection with the Site including, for example and without limitation, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by the Company, and/or the Company’s affiliated entities, licensors and/or suppliers. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a website and wish to link to the Site, you may do so upon written notice to the Company, provided you agree to immediately cease such link upon request from the Site. No other use is permitted without prior written permission of the Site. The permitted use described in this paragraph is contingent on your compliance at all times with this Agreement.
You may not, without the prior, written approval of the Company: (i) republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache, (ii) distribute any Content to others, whether or not for payment or other consideration, (iii) modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content, or (iv) scrape or otherwise copy our Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.
Requests to use Content for any purpose other than as permitted in this Agreement should be directed to the email address listed below under the heading “Contact Us.”
2a. Infringement Complaints: The Site respects the intellectual property of others. If you believe your rights have been infringed and/or are aware of any infringing material on the Site, please contact us at the email address listed below under the heading “Contact Us.”
3. User-Provided Information and Content: By providing information to, communicating with, and/or placing material on the Site (collectively, “User-Provided Content”), you represent and warrant that you, in consideration of being allowed to use the Site, irrevocably and unconditionally grant, transfer and assign all right, title and interest in and to the User-Provided Content to the Company, its affiliates and related entities, including the Site. You represent and warrant that, as a result of this grant, transfer and assignment, you will retain no ownership rights in and to the User-Provided Content whatsoever. You acknowledge and agree that all rights in this paragraph are granted without the need for additional compensation of any sort to you and that you are waiving any claim against the Company, the Site, and the affiliates of the foregoing, arising directly or indirectly out of the User-Provided Content.
Without limiting the other provisions of this Agreement in any way, you represent, warrant, acknowledge and agree that: (i) the Company solely owns all Content and User-Provided Content and retains the unfettered right to modify any portion of the Site; and (ii) the Company will, in its sole discretion, be constantly making changes to the Site by modifying, adding or eliminating features, functions and abilities.
4. Transactions and e-commerce on our site: During your visit to the Site you may elect to engage in a transaction involving the purchase of a product or a service. To serve you most efficiently, credit card transactions and order fulfillment may be handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as “perfect security” on the Internet or offline. If you’re concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. The Company and the Site cannot take responsibility for the success or security of transactions undertaken or processed by third parties.
On occasion, a product or service may not be available at the time or the price as it appears or is promoted. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree that the Company and the Site are not responsible for such errors or discrepancies.
5. Communications with Third Parties through the Site: Your dealings or communications through the Site with any party other than the Company and the Site are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In certain cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will the Company or the Site be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party.
During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, Web sites, advertisements, features, contests or sweepstakes offered by other parties. The Company and the Site are not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
6. Chat Rooms and Message Boards: You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (the “Chat Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Chat Content originated. This means that you, and not the Company or the Site, are entirely responsible for all Chat Content that you upload, post, email, transmit or otherwise make available via the Site and its chat rooms, message boards and the like. The Company and the Site do not control the Chat Content posted on the Site and, as such, do not guarantee the accuracy, integrity or quality of such Chat Content. You understand that by using any chat rooms, message boards and the like on the Site, you may be exposed to Chat Content that is offensive, indecent or objectionable. Under no circumstances will the Company or the Site be liable in any way for any Chat Content, including, but not limited to, any errors or omissions in any Chat Content, or any loss or damage of any kind incurred as a result of the use of any Chat Content posted, emailed, transmitted or otherwise made available via the Site.
Without limiting the other provisions of this Agreement in any way, you agree to not use the Site to: (i) upload, post, email, transmit or otherwise make available any Chat Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, including, but not limited to, a Company or Site official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Chat Content transmitted through the Site; (v) upload, post, email, transmit or otherwise make available any Chat Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (vi) upload, post, email, transmit or otherwise make available any Chat Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (viii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (x) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(xi) Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law; (xii) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to the Immigration and Nationality Act; (xii) “stalk” or otherwise harass another; and/or (xiii) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that the Company and/or the Site may or may not pre-screen Chat Content, but that Company and the Site shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Chat Content that is available via the Site. Without limiting the foregoing, the Company and the Site shall have the right to remove any Chat Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Chat Content, including any reliance on the accuracy, completeness, or usefulness of such Chat Content.
You acknowledge, consent and agree that the Company and the Site may access, preserve and disclose your account information and Chat Content if required to do so by law, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Chat Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company, the Site, Site users and the public.
7. General disclaimer and limitation of liability: While the company and the site use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the content and assume no liability or responsibility for any error or omission in the content. The company and the site do not represent or warrant that use of any content will not inadvertently infringe rights of third parties. The company and the site have no responsibility for actions of third parties or for content provided or posted by others. Use of the site is at your own risk. All content is provided “as is” and “as available.” Neither the company, the site, nor any of their affiliated or related companies, nor any of the past, present or future employees, officers, agents, content providers or licensors of any of them, makes any representation or warranty of any kind regarding the site, the content, any advertising material, information, products or services available on or through the site, and/or the results that may be obtained from use of the site or such content or services. All express or implied warranties, including without limitation warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties that the site will meet your requirements, be uninterrupted, timely, secure or error free, are specifically disclaimed. The company, the site, and the affiliates of the foregoing are not responsible or liable for content posted by third parties, actions of any third party, or for any damage to, or virus that may infect, your computer equipment or other property.
In no event shall the company or the site, including their affiliates, employees, officers, agents, content providers and licensors, be liable for any indirect, consequential, special, incidental or punitive damages including, without limitation, damages related to unauthorized access to or alteration of your transmissions or data, the content of the site, or any errors or omissions in the content, even if advised of the possibility of such damages. In no event shall the company, the site, or their affiliates, employees, officers, agents, content providers or licensors be liable for any amount for direct damages in excess of $100.
8. Indemnity: you agree to indemnify, defend and hold harmless, the company and the site, each of their parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding: (1) your use of the site; (2) the company or the site’s use of any content or information you provide, as long as such use is not inconsistent with this agreement; (3) information or material posted or transmitted through your membership account, even if not posted by you; (4) your participation in any of the food and cultural walking tours offered through the site; and (5) any violation of this agreement by you.
9. Waiver and Release of Claims: Walking Tours: By virtue of purchasing tickets for and/or participating in the food tasting and cultural walking tours offered by the Company, and in consideration of being allowed to purchase said tickets and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, you understand, acknowledge, represent, warrant and agree as follows, with the knowledge that the Company will rely on same:
A. You desire to participate in the food tasting and cultural walking tours offered by the Company (the “Tours”);
B. You are in good health and suffer from no minor or serious physical or mental injury, illness or disability that would make you especially susceptible to injury or disability while performing any activity contemplated by this Agreement (including, without limitation, this Section 9);
C. You fully comprehend and accept all of the risks associated with your participation in the Tours including, without limitation, exposure to unfavorable weather conditions, food sickness, injuries (e.g., without limitation, those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like) and death;
D. You agree to grant to us an irrevocable royalty-free worldwide license to use photos and videos taken on Tours in which you may appear. We have the right to reproduce, distribute, broadcast, exhibit, edit, digitize or in any other way use the photos and videos by any means and in any form of media, whether existing now or created later, without restriction worldwide, by incorporating the videos and photos into our Website, catalogs, books, brochures, magazines or any other publications, or any informational, commercial, promotional or advertising material (henceforth known collectively as the “Works”). You agree that the company is and shall be the exclusive owner of all title, rights and interest in the photos, videos and the Works, including all intellectual property rights.
E. Your participation in the tours is at your own sole risk. you, on behalf of yourself and/or any person or entity claiming through or on your behalf, hereby forever and unconditionally release and discharge the company, the company’s related and affiliated entities, the present and former employees, owners, officers, members, managers, partners, contractors, insurers, representatives and agents of the foregoing (including, without limitation, Kenneth Dunn, Brown Paper Tickets, Viator) (collectively, “released parties”) from any and all claims, actions, damages, liabilities, losses, costs and expenses in any way arising out of, or resulting from, your participation in the tours, including, without limitation, any and all claims, actions, and liabilities for death, injury, loss or damage to you, to anyone else, or to any property, regardless of whether or not such injury, loss or damage was caused by the negligence or willful conduct of the company or any of the released parties. You, on behalf of yourself and/or any person or entity acting through or on your behalf, further agree to defend and indemnify the released parties, and to hold the released parties harmless, from any and all liabilities, claims, actions, damages, expenses (including, without limitation, attorney’s fees) and losses of any kind or nature whatsoever in any way arising out of, or resulting from, your participation in the tours; and
F. This Section 9 is in addition to, and not a limitation of, the other terms and conditions of this Agreement.
10. International Users: The Site is controlled, operated and administered from within the Switzerland. The Company and the Site make no representation that materials, Content, or Chat Content available through the Site are appropriate or available for use outside the Switzerland and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content or Chat Content in violation of Swiss. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
11. Miscellaneous: The Company and the Site reserve the right to change this Agreement at any time in its sole discretion and to notify users of any such changes solely by posting such changes. Your continued use of the Site after the posting of any amended agreement shall constitute your agreement to be bound by any such changes.
The Company and the Site may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability. The Company and the Site may deny access to any person or user at any time for any reason. In addition, The Company and the Site may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company, the Site or any of their assets.
This Agreement shall be governed by and construed in accordance with the laws of Geneva as applied to agreements entered into and to be fully performed within the Canton, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Company or the Site (including, without limitation, related to your participation in any Tours) must be filed in Geneva, within 180 days of the time in which the events giving rise to such claim occurred, or you agree to unconditionally waive such claim. You agree no such claim may be brought as a class action. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of the Company or the Site to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to the Site, and all other provisions for which survival is equitable or appropriate.
12. Contact Us: To contact the Company: email@example.com
About this Policy
This privacy notice explains how we look after your personal data (in all situations where we collect your data) and sets out your privacy rights and also explains how the law and our approach to privacy and personal data protects you.
This privacy notice supplements any other privacy notices that we may provide to you at the point that we collect data from you and should be read in conjunction with those notices.
Our status and details
For the purpose of the GDPR we are the data controller and any enquiry regarding the collection or processing of your data should be addressed to our [Data Protection Officer OR Privacy Manager] using the contact details below:
Email address: firstname.lastname@example.org
By using the Website you consent to this policy. We are registered with the Information Commissioner’s Office for this purpose.
Information we collect
We will collect, process and store personal data only if it is directly provided to us by you. You may do this in your capacity as the user of this Website, by enquiring in relation to our goods or services, becoming a customer or supplier, or potential supplier.
Personal information covers any information which relates to you as an identifiable person. Below are examples of the type of data that this may include:
(a) Identity Data including forenames, last name, maiden name, date of birth, gender, marital status, and username or similar identifier.
(b) Contact Data may include invoicing; purchase order; home or work address, email address and telephone numbers, personal or job title and position.
(c) Financial Data may include bank account and payment card details.
(d) Special Category Data for example health or medical data, details about your race, religion, sex and political opinions.
(e) Transaction Data may include payments made for products and services you have purchased from us, or in relation to payments that we have made to you.
(f) Technical Data may include internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices used to access this Website.
(g) Profile and Usage Data may include enquiries submitted by you, purchases information, feedback and survey responses, and how you use our website, products and services.
(h) Marketing Data may include details of any preference that you have advised us of in relation to marketing communications from us.
We may also collect non-personal data such as Aggregated Data which is data that may be obtained from your personal data, but which does not directly or indirectly identify you. This may include Usage Data detailing how you use our Website and the features and areas that you have interacted with.
How do we collect your personal data?
A range of different methods may be used to collect data which may include the following methods:
(a) Direct interactions with us in person, by post, phone, email or otherwise. You may give us your Identity, Contact and Financial Information.
(b) Automated technologies or interactions with our website, by using the web enquiry form, [or the shopping cart on this website]. You may give us Identity, Contact and Financial Information.
(c) Third parties or publicly available sources (third parties may be used in processing Identity, Contact and Financial categories of personal data).
(d) [ANY OTHER WAYS YOU COLLECT PERSONAL DATA].
It is important that the data that we hold about you is accurate and up to date. In the event that your data changes please notify us so that we can update our records.
Use of your information
We may hold and process personal data that you provide to us in accordance with the GDPR.
The information that we collect and store relating to you is primarily used:
(a) To enable us to provide our services to you, to communicate with you and to meet our contractual commitments to you. This may include Identity, Contact, Financial and Transactional data.
(b) To notify you about any changes to our business, such as improvements to our Website or service/product changes, that may affect our service or relationship with you. This may include Identity and Contact data.
(c) If you are an existing customer, we may contact you with information about goods and services similar to those that were the subject of a previous sale to you. This may include Identity and Contact data.
(d) Where you have consented to receive such information, to provide information on other parties’ products or services that we feel may be of interest to you. This may include Identity, Contact and Marketing data.
(e) Where you have consented to receive our e-newsletters to provide that to you. This may include Identity and Contact data.
(f) Where we need to comply with a legal obligation. This may include Identity, Contact and Transactional data.
(g) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. This may include all types of data.
(h) [ANY OTHER WAYS YOU USE PERSONAL DATA].
Where we collect your data for marketing purposes we will always request your consent, at the point the data is collected, to use your data for that purpose.
We will always obtain your prior consent to sharing your personal data with any third party for their marketing purposes. This may be to enable relevant third parties to advise you of products or services that may be of interest to you.
We will only use your personal data for a reason other than the purpose for which it was originally obtained if we consider that we need to use it for that other purpose and have a legitimate interest in doing so.
Disclosure of your information
There are a range of circumstances where we may disclose your data to third parties. These include:
(a) Regulatory bodies. We may disclose your data to regulatory bodies to enable us to comply with the law and to assist fraud protection and minimise credit risk. This may include Identity, Contact and Transactional data.
(b) Our Suppliers. We may disclose your data to third parties that are involved in the fulfilment of our services to you. This may include Identity, Contact and Transactional data.
(c) Third party marketing. Where you have consented for us to do so, we may provide your data to selected third parties who may contact you about their goods or services that you may be interested in. This may include Identity, Contact and Marketing data.
Please be advised that we do not reveal information about identifiable individuals to our advertisers, but we may, on occasion, provide them with Aggregated Data about our Website visitors and customers.
If you do not want us to share your data with third parties you will have the opportunity to withhold your consent to this when you provide your details to us on the form on which we collect your data, or you can do so by writing to us at the address detailed above or sending us an email to email@example.com at any time.
Controlling the use of your data
Where we rely on consent as the lawful basis for processing your data you can revoke or vary that consent at any time.
If you do not want us to use your data or want to vary the consent that you have provided you can email us at firstname.lastname@example.org at any time.
Data storage and the transfer your data
As part of the services offered to you, for example through our Website, the information you provide to us may be transferred to and stored in countries outside of Switzerland as we use remote website server hosts to provide the website and some aspects of our service, which may be based outside of Switzerland, or use servers based outside of Switzerland– this is generally the nature of data stored in “the Cloud”. It may also be processed by staff operating outside Switzerland who work for one of our suppliers, e.g. our website server host, payment processing provider, or work for us when temporarily outside of Switzerland.
A transfer of your personal data may happen if any of our servers are located in a country outside of Switzerlandor one of our service providers is located in a country outside of Switzerland.
If you use our service while you are outside of SWITZERLAND, your personal data may be transferred outside of SWITZERLAND in order to provide you with these services.
The transmission of information via the Internet or email is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of data while you are transmitting it to our site; any such transmission is at your own risk.
We have put in place security measures to prevent your data from accidental, loss or disclosure. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential. You should choose a password it is not easy for someone to guess.
In the event of a data breach we will notify the ICO and you in the event that the breach results in any likelihood of loss or damage to you.
The length of time that we retain, and store data depends on the purpose for which it was collected. We will only store data for as long as is required to fulfill that purpose, or for the purpose of satisfying legal requirements.
It is a legal requirement that we keep certain data about our customers and suppliers for at least six years. The type of data includes Contact, Identity, Financial and Transaction Data.
Where you have requested that we provide you with marketing materials we will retain your data until such time as consent is withdrawn by you.
We may also gather information about your general Internet use by using a cookie file. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer, as cookies contain information that is transferred to your computer’s hard drive. They help us to improve our Website and the service that we provide to you.
The GDPR gives you a range of rights in relation to the personal data that we collect from. You have the right to:
(a) Access your personal data. This right is commonly known as the ‘data subject access request’ and enables you to receive a copy of the personal data we hold about you. You will not need to pay a fee to access your personal data unless we can justifiably demonstrate that the request is repetitive or excessive. We will respond to all legitimate data access requests within one month, but we may need to obtain further information from you in order to confirm your identity and the legitimacy of the request.
(b) Request update of the personal data. This enables you to have any incomplete or inaccurate data corrected.
(c) Erasure of your personal data. This enables you to ask us to delete personal data where there is no justifiable reason for us continuing to retain and process it. We may not always be able to delete the data such as if there is an ongoing contractual relationship between us or if we are legally required to retain the data.
(d) Object to processing of your personal data where we are relying on consent or our legitimate interests (or those of a third party) as the justification for processing the data.
(e) Restrict the processing of your personal data. This enables you to ask us to change the processing of your personal data. For example, you may wish to vary the basis on which we contact you.
(f) Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, machine-readable format.
(g) Withdraw consent. Where we are relying on consent to process your personal data you may withdraw that consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
You can exercise these rights at any time by writing to us at the address detailed above, or by email to email@example.com.
Third party links
You might find links to third party websites on our website. If you click a link to a third-party website and visit that site, you may be allowing that site to collect and share certain data about you. These websites should have their own privacy policies, which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.
If you wish to raise a complaint regarding our use of your personal data then you can contact the Information Commissioner’s Office (ICO), who are the UK supervisory authority for data protection issues. (www.ico.org.uk).
If you do wish to raise a complain then we would welcome the opportunity to discuss your concerns before you contact the ICO to see if we can resolve the issue for you.
Changes to this policy
We may update these policies to reflect changes to the website and customer feedback. Please regularly review these policies to be informed of how we are protecting your personal data.
Version: May 2018
Waiver and Release of Claims
Consent to Medical Attention and Grant of Rights
By purchasing tickets for and participating in the food tasting and cultural walking tours (“Tours”) offered by Local Flavours Tours (the “Company”), and in consideration for my being allowed to participate in the Tours, the receipt and sufficiency of which is hereby acknowledged, I, and if I am not yet 18 years old, my parent or legal guardian (individually and collectively referred to below in the first person singular) agree to be bound by each of the following provisions of this waiver, release of liability, indemnification, consent to medical attention and grant of rights (“Waiver”) :
1. Voluntary Participation. I understand and confirm that my participation in the Tours is voluntary. I am in good health and suffer from no physical or mental condition that would make me especially susceptible to injury or disability while participating in the Tours.
2. Comprehension of Risk. I fully comprehend and accept all of the risks associated with my participation in the Tours including, without limitation, injury or death resulting from exposure to unfavorable weather conditions, food sickness, allergic reactions, choking, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, and pedestrians. I understand that the Tours take place in public venues under conditions largely beyond Company’s control.
3. Assumption of Risk. I assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with my participation in the Tours. I accept personal responsibility for any liability, injury, loss, or damage in any way connected with my participation in the Tours.
4. Release of Liability; Limitation of Damages. I hereby forever and unconditionally release Company and its affiliated entities, parent companies, subsidiaries, present and former employees, owners, officers, members, managers, partners, contractors, insurers, shareholders, and directors (collectively Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of my participation in the Tours, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. Company’s liability to me will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall my damages in connection with my participation in the Tours be greater than $400. Recovery of such amount shall be my sole and exclusive remedy. All liability arising out of my participation in the Tours is cumulative and not per incident. In no event shall Company be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if Company has been informed of the possibility thereof.
5. Indemnification. I agree to defend and indemnify the Released Entities from any and all Claims as incurred of any kind whatsoever in any way arising out of my participation in the Tours.
6. Binding Effect. This Waiver shall be binding upon my next of kin, personal representatives, heirs, beneficiaries, and assigns and shall inure to the benefit of Company, its successors and assigns.
7. Consent to Medical Treatment. I authorize Company to provide to me, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon Company to provide such assistance, transportation, or services.
8. Severability. If any provision of this Waiver is for any reason declared to be invalid or unenforceable, the validity and enforceability of the remaining provisions will not be affected. The invalid or unenforceable provision will be deemed modified to the extent necessary to render it valid and enforceable, and if no modification may render it valid and enforceable, this Waiver will be construed as if not containing such provision and the rights and obligations of the parties will be construed and enforced accordingly.
9. Promotional Release. I hereby grant to Company the unrestricted right and permission to copyright and use photographic portraits, pictures, video footage and/or audio recordings of my participation in the Tours, in which I may be included intact or in part, including the negatives, prints, transparencies or digital information relevant to such portraits (the “Material”). Company has the right to reproduce, exhibit, distribute, broadcast, digitize, edit, or otherwise use the Material, by any method and in any media, whether now existing or later created, without restriction throughout the world, by incorporating the Material into its website, publications, catalogs, brochures, books, magazines, or commercial, informational, educational, advertising, or promotional materials relating thereto (collectively, the “Works’). I agree that Company is and shall be the exclusive owner of all right, title, and interest, including copyright, in the Material and the Works. I further grant to Company an irrevocable, royalty-free, worldwide license to use my name, age, and hometown in connection with the Material and the Works.
THIS IS A WAIVER AND RELEASE OF LIABILITY. I HAVE READ THIS ENTIRE DOCUMENT. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY CONTINUING TO PARTICIPATE IN THE TOURS, I AM INDICATING MY VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY. PARTICIPATION IN THE TOURS BY A PERSON WHO IS NOT YET 18 YEARS OLD INDICATES THAT A PARENT OR LEGAL GUARDIAN HAS ALSO READ AND CONSENTED TO THIS WAIVER.