Terms and Conditions of Service

 

GENERAL:

This website https://makemyday.travel/ (henceforth referred to as ‘the Site’) is run and maintained by Make My Day Travel Limited (henceforth referred to as ‘MMD’), a company registered in England and Wales, with company registration number 11443774 and whose registered office is 2 Lovat Close, London, NW2 7RU.

MMD curates and facilitates the booking of a range of tours on its platform, https://makemyday.travel/. These tours are exclusively provided by third-party operators, and not by MMD.

These Terms and Conditions (henceforth referred to as ‘Terms’) refer to the basis on which customers may use the Site. Customers who do not accept the Terms are requested to cease their usage of the Site. Customers who use, access, or book tours through the Site are bound by the conditions demarcated in these Terms.

PRIVACY:

All information supplied to MMD by the customer will be treated according to our Privacy Policy. This information will not be disclosed to any Third Party or external business entity without the prior consent of the customer. In the event that MMD requires consent from the customer for their information to be disclosed, it will be necessary for the provision of services (e.g. a tour provider requiring personal information in order to confirm the booking of a tour on the Site, or a payment processor requiring personal information to process payment), or according to a legal requirement.

ALTERATIONS:

MMD reserves the right to make alterations to the Terms or the Site without declaring or communicating these alterations to the customer. It is the responsibility of the customer to check the Terms when using the Site, as using the Site means they are bound by the Terms.

INTELLECTUAL PROPERTY RIGHTS:

MMD retains its rights as owner of all IP rights of all material on the Site, bar that which has been taken (with consent) from Third Parties such as tour providers or open source, royalty- free photography resources (e.g. https://www.pexels.com), and displayed on the site. This includes ownership of all text, editorials, slogans, guides, logos, code, and reviews written by MMD employees. This IP ownership also includes any relevant databases or other links that relate to MMD. MMD requires any individual or company who wishes to use any of this IP externally, or publish it elsewhere, to obtain written consent. MMD reserves the right to bar any user who does not from using the Site, and to use all legal avenues to remedy any such breach of the Terms.

RESPONSIBILITY:

MMD is not responsible for guaranteeing the information provided on the site, nor for the rendering of the tours (the service). External tour providers are responsible for delivering the tours, and for any additional deliverables (food, drink, supplies, and more) that are advertised on the Site.

MMD shall not be liable to any customer for:

• Personal injury, illness or death;
• Fraud, or misrepresentation; or
• any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law

MMD is not liable for any occurrence on tours purchased through the Site. MMD is not liable for tours being cancelled, for tours overrunning or being cut short, for tours ending due to bad weather.

In addition, MMD shall not be liable for any indirect, special or consequential loss or damage, including:

• loss of profit;
• loss of goodwill;
• loss of savings; or
• loss of contract.

MMD also excludes, but only as far as legally possible, all terms and warranties or promises implied by law or by statutes.

MMD is not liable for any losses incurred by delays, failures, or interruptions to the functionality of the Site.

Any duty of care owed to the customer by MMD is owed to the customer alone. MMD does not assume any responsibility to any third party in respect of the performance of its duties to the customer.

CYBER CRIME:

Any user of the Site who commits a criminal offence under the Computer Misuse Act 1990 will lose access to the site, and will be reported to the authorities. MMD will pursue full legal punishment in this instance, including the provision of personal information to the authorities. This includes DDoS attacks, attempts to access MMD servers, and the contents of the Computer Misuse Act 1990.

APPLICABLE LAW:

Should these Terms and Conditions present a point of legal contention or dispute, said contention or dispute will be governed and construed according to the law of England and Wales, and the courts of England and Wales will have exclusive jurisdiction to settle it. If any part of these terms and conditions is held to be invalid or unenforceable, the remaining terms and conditions will continue in full force and effect.

TERMS AND CONDITIONS OF SALE:

The below Terms and Conditions of Sale (henceforth referred to as ‘Conditions’) outline the basis on which tours are purchased by the customer on the Site. Before every purchase, the customer will be asked to provide consent to the Conditions provided below.

PURCHASING AND BOOKING TOURS:

MMD offers a wide range of tours that you may purchase, or book, through the site. These tours are manifestly not provided by MMD, but by third-party tour companies. These Conditions concern the purchase of these tours on the Site, and not the provision of the tours themselves. This is the responsibility of the tour provider.

No customer will be permitted to make any purchase on the MMD platform without giving consent to both the MMD Terms and Conditions and the Terms and Conditions of the relevant external tour provider. These are the only terms that will form the basis of the contract: any terms that the customer attempts to impose on MMD, or bind MMD with, are void.

All customers, in the act of purchasing a tour through the Site, warrant that they are legally capable of entering into binding contract, that they are 18 years old at the minimum, and are purchasing tours for private, non-commercial use only. This excludes specific prior agreements between MMD and corporate clients.

All customers, in the act of purchasing a tour through the Site, give consent to MMD to process and use personal data collected from them in order to process and fulfil their order. MMD employs third-party payment processing entities, such as PayPal, which will have access to customers’ personal information solely in order to process their payment. Please see MMD’s Privacy Policy for more detail on how we handle customers’ data.

None of the tours available on the Site are controlled or owned by MMD.

MAKEMYMYSTERYDAY:

Any customer purchasing a MakeMyMysteryDay product is bound by the standard Terms of Sale, and Terms and Conditions of Service. MMD accepts no liability for any incidents which take place on tours, as outlined in the ‘Responsibility’ section above. In addition, customers purchasing MakeMyMysteryDay products agree that the customer must disclose any information that may impair their tour experience or ability to participate in a tour, including but not limited to:

• Medical conditions
• Accessibility and disability information
• Phobias
• Dietary requirements

Customers who fail to disclose any relevant information that may impair their tour experience or ability to participate in a tour waive their right to any refund or claim against MMD.

PLACING AN ORDER:

After booking a tour through the Site, customers will receive a booking confirmation by email.

No contract for the purchase of tours will be formed between MMD and the customer until the customer has given consent to the Terms and Conditions, until MMD has received the customer’s payment in full, and until MMD has confirmed the payment and purchase via an email confirmation to the customer. MMD reserves the right, in its sole discretion, to reject any order it receives without justification or dispute.

AVAILABILITY:

All tours on the Site are subject to availability, and MMD reserves the right to alter tours or remove tours from the Site without prior notice.

MMD will usually confirm tour bookings within 48 hours of purchase. MMD will usually send meeting instructions via email at least 48 hours before the starting time of any booked tours. On occasion, third parties may not be able to provide the tours that have been purchased. MMD does not guarantee that booked tours will be available. In the event that a booked tour is, or becomes, unavailable, MMD will make the following choices available to the customer: i) alternative dates for the same tour, ii) alternative tours for the same date, or, if the customer prefers it, iii) a full refund. For option ii), MMD will offer alternative tours of a similar value to the originally booked tour.

PRICE AND PAYMENT:

Prices listed on the Site are liable to change at any time. Customers who have already purchased and paid for any tours, when there is a change of price in said tours, will remain unaffected. Prices are inclusive of VAT where applicable.

Customers who enter credit card, debit card, or payment account details into the Site during the payment process are, in doing so, confirming that they are authorised to purchase tours and complete the transaction – either as the owner of the card or account, or with the permission of the card- or account-holder. All payment details may be subject to validity checks by MMD or the payment processor. MMD is not liable for any delays in the provision of service, processing of the transaction, or declination of the transaction, should validation checks be required.

If the debit card, credit card, or payment account issuer refuses to authorise payment, MMD will not accept the customer’s order and will not be liable for any delays, declinations of the transaction, or bank fees/penalties applied to the customer. MMD reserves the right to refuse transactions without notice or explanation to the customer.

REFUNDS AND CANCELLATIONS:

Cancellations will be refunded in line with the external tour providers’ Terms and Conditions. Each tour provider has its own Terms and Conditions, and each has a different cancellation and refund policy. When booking a tour, the customer will be presented with both the MMD Terms and Conditions and the tour provider’s Terms and Conditions. It is the customer’s responsibility to read the tour provider’s Terms and Conditions and refund policy, as these are binding, and determine how refunds will be issued.

MMD will refund the customer according to the policy  stated in the tour provider’s Terms and Conditions, but MMD will not refund the Booking Fee (£3.00 per person), which is kept as an administrative charge.

Non-refundable deposits are required for large group and corporate bookings. These bookings will only be deemed confirmed once full payment is received.

ARRIVING LATE:

MMD is not liable or responsible for any occurrences that occur due to the customer arriving late to a tour. The customer is responsible for arriving on time, and for checking on the tour provider’s late arrivals policy in their Terms and Conditions.

WEATHER CONDITIONS:

MMD is not liable or responsible for any occurrences or cancellations that occur due to weather conditions. The customer is responsible for checking the tour provider’s weather policy in their Terms and Conditions.

DIETARY RESTRICTIONS:

MMD is not liable or responsible for any food and drinks that are provided or consumed on tours, or any injury or illness that occurs due to the consumption of food or drink. The customer is responsible for checking the tour provider’s food and drink policy, and for communicating any allergies, dietary requirements, or other issues to the tour provider.

ILLNESS AND INJURY:

MMD is not liable or responsible for any illnesses, injuries, or ailments, pre-existing or not, that occur on tours. The customer is responsible for checking the tour provider’s Terms and Conditions for their policy on these matters.

EVENTS OUTSIDE OUR CONTROL:

MMD will not be liable for any failure or delay to perform any of our obligations under a contract for the purchase of a tour that is caused by events outside our reasonable control.