1.1 These Terms and Conditions shall apply to tours and tastings and be incorporated and prevail over any other terms and conditions in respect of any tours and tastings supplied by Bolney Wine Estate Limited, a company registered in England and Wales (registration number 4697328) whose registered office is at Bolney Wine Estate, Foxhole Lane, Bolney, Haywards Heath, West Sussex and whose VAT registration number is GB 834 9844 85
1.2 The purchaser of a tour or tasting for the tours is required to agree to these Conditions at the point of purchase. Any individual purchasing a tour or tasting for a third party shall be deemed to be acting with consent of each voucher holder for whom they are making the purchase, including acting with the authority of each voucher holder to agree to these Terms and Conditions on their behalf.
1.3 We may amend these terms from time to time by placing appropriate notification on this page.
2. Voucher Holder’s Rights and Obligations
2.1 The Voucher Holder shall only be permitted to access areas of the vineyard, winery and warehouse that form part of the Tour and the Voucher Holder agrees not to access any other area of Bolney Wine Estate.
2.2 The Voucher Holder hereby agrees:
2.2.1 not to carry out any activity whilst in the vicinity of the vineyard which is damaging, dangerous, offensive, noxious, illegal or immoral or which is or may become a nuisance to Bolney Wine Estate or other visitors to the Estate
2.2.2 not to bring into Bolney Wine Estate and/or Tour any animals (with the exception of guide dogs) or any food, drink or litter; and
2.2.3 to comply with all instructions of any Employee and/or Tour official of Bolney Wine Estate.
3 Bolney Wine Estate’s rights and obligations
3.1 Bolney Wine Estate shall have the right to prevent access to or remove from the premises and/or Tour:
3.1.1 any Voucher Holder acting in a way which in the opinion of Bolney Wine Estate (in its absolute discretion) is unacceptable or reasonably likely to cause damage or injury to either the Voucher Holder or any other visitor (including drunken, harmful, offensive, threatening, disrespectful or violent behaviour);
3.1.2 any Voucher Holder who is breach of any of the Conditions; without any liability to the Voucher Holder by way of compensation, refund, re-admission or otherwise.
3.2 Due to the operational needs of Bolney Wine Estate in the undertaking of its business as a Wine producer, Bolney Wine Estate may be required to act on short notice (e.g. for health and safety reasons) and shall be entitled to:
3.2.1 Change the contents of the Tour without notice to the Voucher Holder where such change is required for operational purposes; and/or
3.2.2 close parts of the Tour without notice to the Voucher Holder for the purposes of wine production, disgorging, labelling and bottling without liability to the Voucher Holder by way of compensation, refund, re-admission or otherwise.
As such Bolney Wine Estate cannot guarantee that all advertised elements to the Tour will be available.
3.3 We reserve the right to increase the price of the goods from time to time, notice of which will be placed on our Website.
4. Voucher Holder’s visit
4.1 The Voucher Holder should arrive no later than 15 minutes before the allocated start time for their Tour and should report to the tour guide upon arrival. If the Voucher Holder fails to arrive
by the allocated start time Bolney Wine Estate cannot guarantee that an alternative day/time will be available. Bolney Wine Estate shall make reasonable efforts to transfer the Voucher Holder’s Booking or Group Booking to an alternative day/time but, whether or not this is done, Bolney Wine Estate shall not be liable to the Voucher Holder for a refund or any other compensation.
4.2 Tours vary in length and Voucher Holders may be outside in the vineyard for considerable time and some walking is required.
4.3 The Voucher Holder shall only be entitled to take photographs and/or video recordings in the
Vineyard for bone fide private and non-commercial purposes.
4.4 The Voucher Holder shall be solely responsible for his/her personal property and Bolney Wine Estate Ltd shall not be liable for loss of or damage to such personal possessions.
5. Suspension and/or termination by Bolney Wine Estate
5.1 Due to the operational needs of Bolney Wine Estate in the undertaking of its business as a wine producer, Bolney Wine Estate may be required to act on short notice (i.e. when there is a late change of operations) and Bolney Wine Estate shall have the right, at its sole discretion, to:
5.1.1 suspend or cancel the Tour; and/or
5.1.2 close the whole of the Estate where considered necessary, whether for operational reasons or otherwise. In such circumstances Bolney Wine Estate shall endeavour to provide notice to the Voucher Holder (if reasonably possible and where contact details are available) of such suspension, cancellation or closure and the Voucher Holder shall be entitled (at its own discretion) to accept an alternative date/time or to receive a refund. No further compensation shall be payable by Bolney Wine Estate.
5.2 In the event that Bolney Wine Estate provides the Voucher Holder with an alternative date/time for the Tour and this is accepted by the Voucher Holder, Bolney Wine Estate’s obligations to the Voucher Holder shall cease and it shall have no further liability.
5.3 In the event that Bolney Wine Estate refunds the Voucher Holder’s Booking, Bolney Wine Estate’s obligations to the Voucher Holder shall cease and it shall have no further liability to the Voucher Holder. For the avoidance of doubt, the refund referred to in this Condition shall be the price paid by the purchaser (for and on behalf of the Voucher Holder) at the time of the Booking.
6. Cancellation by the Voucher Holder
6.1 The Voucher Holder shall have the right to cancel an advance Booking, where payment has been made, but it shall not be entitled to a refund. If the Voucher Holder requests an alternative date/time, Bolney Wine Estate shall make reasonable efforts (subject to availability) to rearrange the Voucher Holder’s Booking but shall not provide any guarantee to this effect or incur any liability to the Voucher Holder for its failure to do so.
6.2 Should it be necessary to cancel or change your booking we require a minimum of 7 days notice - less than 7 days will incur a re-booking fee of £15.
6.3 If the Voucher Holder cancels a Group Booking, Bolney Wine Estate shall be entitled to retain any deposit paid by (or on behalf of) the Voucher Holder at the time of the Group Booking, but the Voucher Holder shall not be required to pay the remaining balance. The Voucher Holder may request an alternative date/time for the Group Booking, subject to the terms of Condition 6.1, and shall be entitled to use the original deposit against that alternative date/time for a Group Booking.
7.1 The Voucher Holder shall be liable for all costs, losses and liabilities incurred by Bolney Wine Estate Ltd as a result of any damage to its property caused by the Voucher Holder and/or any actions of the Voucher Holder.
7.2 Subject to Condition 7.4, Bolney Wine Estate’s total aggregate liability to the Voucher Holder for any cause of action arising out of or in connection with the Contract (whether for breach of contract, strict liability, tort (including negligence), misrepresentation or otherwise) shall not exceed the price paid by (or on behalf of) the Voucher Holder for the Tour.
7.3 Subject to Condition 7.4, Bolney Wine Estate shall have no liability whatsoever for any indirect, special, consequential or exemplary loss or damage incurred by the Voucher Holder (including, but not limited to, any travel and accommodation costs) arising out of or in connection with the Booking or Group Booking or the suspension or cancellation of the Booking or Group Booking by Bolney Wine Estate pursuant to Condition 7, whether or not the Voucher Holder knew or should have known of the possibility of such loss or damage.
7.4 Nothing in the Contract shall limit or exclude Bolney Wine Estate’s liability for:
7.4.1 death or personal injury caused by its negligence; or
7.4.2 fraudulent misrepresentation.
8. Warranties and indemnities
8.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest
extent permitted by law, excluded from the Contract.
8.2 The Voucher Holder shall indemnify Bolney Wine Estate against (i.e. reimburse the Club for) all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Bolney Wine Estate (including in respect of any third party claim brought against Bolney Wine Estate) and arising out of or in connection with any actions of, or damage caused by, the Voucher Holder.
9.1 Bolney Wine Estate shall have no liability to the Voucher Holder under the Contract if it is prevented from, or delayed in performing, its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control.
9.2 No variation of the Contract or the Conditions shall be valid unless it is in writing and signed by or on behalf of both Bolney Wine Estate and the Voucher Holder.
9.3 Notwithstanding that any provision of the Contract may prove to be illegal or unenforceable, the remaining provisions of the Contract shall continue in full force and effect.
9.4 The Contract shall be construed and performed in all respects in accordance with the laws of England and each party agrees to submit to the exclusive jurisdiction of the English courts.
9.5 The images, digital copies, descriptive matter and specifications of the goods contained on the Website are posted for the sole purpose of giving an approximate idea of the goods and you acknowledge that there may be slight differences. They will not form part of this Contract.
9.6 Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our registered address at Bolney Wine Estate Ltd, Foxhole Lane, Bolney, Sussex RH17 5NB and all notices from us to you will be displayed on our Website from to time.