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ScooTours Terms & Conditions

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TOUR TERMS AND CONDITIONS

Welcome to ScooTours!

The below terms and conditions set out the terms under which we will provide e-scooter, e-bike and/or scooter tours to you (Tours) in exchange for your payment of fees. In these terms and conditions, “we”, “us”, “our” or “ScooTours” refers to ScooTours Limited Company No. 12392823. And you are you!

By booking a Tour on our website, you agree to be legally bound by these terms and conditions.

If you have any questions about these terms and conditions, please contact us using the details above.

 

Summary of your key rights

If there is something wrong with the services provided to you, the remedies for services will apply. If you have also received any goods, there may be alternative remedies available to you. In practice, there may be some overlap between the remedies available to you for goods and services, and we will try to agree the most appropriate course of action with you.

The Consumer Rights Act 2015 says:

  • you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
  • if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable; and
  • if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
  1. booking a tour
    1. (Payments) You must pay the standard amount agreed to through our website, including any deposit, on or before the due date, in order to confirm your booking (Fees). All Fees are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
    2. (Bookings) To participate in a Tour, you must make a booking through our website for a specific date. If confirmed, you will be taken on a guided Tour at the location, on the date and at the time, agreed between us through our website. We will provide you with a confirmation email setting out the details of your Tour that you need to know.
  2. CANCELLATION POLICY
    1. (Automatic cancellation) All Tour bookings will close [3 hours] before a Tour starts. If, [24 hours] before a Tour starts, there are no bookings for that Tour, then that Tour will automatically be cancelled. 
    2. (24-hour cancellation) Subject to clause 2(d), you will not be entitled to cancel a Tour or request a refund of a Tour unless you provide us with written notice at least 24 hours prior to the start time of the Tour. 
    3. (Bad weather) We reserve the right to cancel a Tour due to bad weather and offer you alternative dates to take the Tour. 
    4. (COVID) If you test positive for COVID-19 before your booked Tour, we may provide you with a refund of the Tour if you provide written notice and provide written evidence of your positive COVID-19 test by a recognised provider.
    5. (How to cancel) To cancel a Tour in accordance with this clause 2, you must use provide us with written notice by emailing us using the contact details available on our website or by using the model cancellation form below. 
To ScooTours of [address] and [email address]:

We hereby give you notice that [I/We] cancel my/our contract for the supply of the Tours booked on [insert date].

[Customer name]

[Customer address]

Signed: _____________________

Dated:  _____________________
  1. mobile APP
    1. To pay for and participate in the Tour, we require you to download the [Dott/Voi] mobile application. Please see the confirmation email for details. 
    2. Unless you have booked a private Tour, each person in your booking must download the app and pay for the Tour.
    3. You acknowledge and agree that your use of the App is subject to third party terms and conditions, available here: Dott:London / Voi:Cambridge. We will not be liable for any loss or damage suffered by you in connection with the App’s third party terms and conditions.
  2. risks and responsibilities on tour

To participate in a Tour, you must sign an additional waiver that we will provide to you before the Tour. In the meantime, it is important that you read and understand the following terms: 

  1. (Requirements) To participate in a Tour, you must:
    1. have a registered account under your name in the App (unless you have booked a private Tour);
    2. be at least 18 years old; 
    3. wear a helmet and all other recommended safety gear;
    4. not be under the influence of drugs or alcohol; and
    5. carry a valid driver’s licence. 

If you do not meet the requirements set out in this clause 4(a), or if we reasonably suspect that you cannot safely participate in a Tour, we reserve the right to prevent you from participating in a Tour and you will not be entitled to a refund.

  1. (Safety) By proceeding with a Tour, you acknowledge and agree that the nature of the Tours may expose you to environmental hazards, including but not limited to uneven and steep surfaces and wet weather. While we use our best endeavours to ensure your safety while on our Tours, such environmental factors are beyond our reasonable control. You accept full responsibility for avoiding environmental hazards and minimising harm to yourself, other Tour participants and general members of the public while on our Tours.
  2. (Training) Before the Tour begins, we will provide you with a general training tutorial about using the Tour equipment. You acknowledge and agree to be attentive and ask for any clarification during this tutorial. While we use our best endeavours to prepare you for the Tour, we cannot guarantee that the tutorial is an exhaustive training session. If you are unsure about your use of the equipment or participation in a Tour, please do not participate in a Tour.
  3. (Risk) You acknowledge and agree that you are participating in the Tours at your own risk. By participating in a Tour, you agree to be responsible for your own actions and safety. You acknowledge and agree that the nature of the Tours exposes you and other participants to potential injuries, medical issues or damages to property. You represent and warrant that you will not participate in a Tour under the influence of drugs or alcohol, and that you do not have any medical conditions that will increase your likelihood of experiencing injuries or medical issues while participating in a Tour.
  1. Your privacy and personal information
    1. Our Privacy Policy is available at [https://scootourslondon.com/privacy-policy/].
    2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
  2. DATA PROTECTION
    1. To the extent ScooTours processes personal data as part of providing the Tours, we undertake to do so in compliance with the General Data Protection Regulation (GDPR) and to keep such personal data in a secure technological environment.
  3. THIRD PARTY RIGHTS

These terms and conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions.

  1. STATUTORY RIGHTS

Nothing in these terms and conditions is intended to affect your statutory rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.

  1. LIABILITY
    1. To the maximum extent permitted by law, you agree that the maximum liability of ScooTours to you for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise) arising under or in connection with these terms and conditions:
      1. is totally excluded, insofar as it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) (except to the extent this liability cannot be excluded under applicable laws); and
      2. is limited, insofar as it concerns other liability, to the total Fees you paid for the Tours. 

Nothing in these terms and conditions 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.

  1. INDEMNITY

You release and agree to indemnify, defend and hold harmless ScooTours and its directors, employees, contractors, partner organisations and volunteers, including the E-Scooter Rental Company used on a Tour from any and all claims or liabilities arising from or in connection with your participation in the Tours.

  1. FORCE MAJEURE
    1. If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under these terms and conditions (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 11(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
    3. The Affected Party must use its reasonable endeavours to overcome or remove the Force Majeure Event as quickly as possible.
    4. For the purposes of these terms and conditions, a ‘Force Majeure Event’ means any:
      1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
      2. strikes or other industrial action outside of the control of the Affected Party;
      3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

  1. DISPUTE RESOLUTION
    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 injunction, 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.
  2. GOVERNING LAW AND JURISDICTION

These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or its subject matter or formation.