Diageo will only do business with you on the basis of these Terms and Conditions (“Conditions”) and all business between us shall be subject to these Conditions only. Your terms and conditions shall not apply unless expressly agreed by Diageo in writing. This includes all terms and conditions printed on invoices. No course of dealing or business between Diageo and yourselves will be relevant to explain or supplement any conditions save as provided for in accordance with these Conditions.
These Terms and Conditions form part of any agreement under which Diageo Scotland Limited (Diageo) contracts with a travel agent, tour operator or tour guide (Customer) in respect of visits by the Customer’s clients (clients) to Diageo Distilleries. For the purposes of these Terms and Conditions:
- a “Distillery” means the Brora, Blair Athol, Caol Ila, Cardhu, Clynelish, Cragganmore, Dalwhinnie, Glenkinchie, Glen Ord, Johnnie Walker Princes Street, Lagavulin, Oban, Port Ellen, Royal Lochnagar or Talisker distilleries or any of them as the context requires.
Visits 1.1. Diageo will accept bookings from Customer and accept clients as visitors to Diageo’s Distilleries in Scotland and will endeavour to make their visit a pleasant and enjoyable experience. 1.2. Diageo will only honour a ticket issued by the Customer for a visit to a Distillery as part of a holiday or package which the Customer sells to its client.
Bookings, confirmation of numbers, late arrivals and cancellations 2.1. The Customer shall pre-book all groups in advance, by contacting the relevant Distillery by phone or email 2.2. A booking is agreed when the relevant Distillery sends an email to the Customer confirming the date, time and number of clients (a “confirmation email”). 2.3. The Customer is responsible for confirming final client numbers 48 hours in advance of the booking (the “confirmation deadline”). 2.4. If Customer cancels a confirmed booking before the confirmation deadline there will be no charge. 2.5. If Customer cancels a confirmed booking after the confirmation deadline, or fails to arrive for a confirmed booking, the Distillery shall be entitled to charge the Customer the full price per number of clients stated in the confirmation email. 2.6. If Customer arrives either earlier or later than the time in the confirmation email, the Distillery will make reasonably practicable attempts to accommodate the Customer’s clients, but shall not be liable to do so, and shall not be held responsible for curtailing or delaying any part of the visit or for any dispute or issue arising from the late or early arrival of the group. A late arrival may be treated as a failure to arrive in accordance with section 2.5. 2.7. If Customer arrives with more clients than the number in the confirmation email or as notified under section 2.3, the Distillery will make reasonably practicable attempts to accommodate the additional clients but shall not be liable to do so. The Distillery shall be entitled to charge Customer for all clients who participate in a tour. 2.8. If Customer arrives with fewer clients than the number in the confirmation email or as notified under section 2.3, the Distillery shall be entitled to charge the Customer the full price per number of clients stated in the confirmation email, or per actual number of clients, whichever is the greater.
Prices and payment 3.1. The price to Customer per client and the total amount payable for any booking will be set out in the confirmation email, except to any extent varied in accordance with section 2 above. 3.2. The Customer will receive a separate email at least a week before the visit with a secure payment link. The Customer must pay using the secure payment link as soon as possible but no less than 48 hours before the visit in order to secure the booking. 3.3. All sums payable will be made in pounds sterling (£) and are inclusive of any value added tax. Rates are NETT and non-commissionable. The parties agree to pay their own bank charges howsoever occasioned.
Visitor Rules 4.1. For health & safety reasons, children under 8 years old (“Young Children”) are not permitted in the production areas of a Distillery or on any of the Distillery’s allotted tours (“Prohibited Areas”), but are permitted free of charge in the Distillery shops and certain exhibitions where they can be accessed without entering any Prohibited Areas. Children aged between 8 and 17 years inclusive (“Children”) must hold a valid child ticket for entry. Both Young Children (where access is permitted as stated above) and Children must at all times during the visit be accompanied by an adult aged 18 years and or over. Diageo reserves the right to request any client to provide proof of age. 4.2. Smoking will be only permitted in the designated areas of the Distillery. 4.3. Pets or animals of any nature (with the exception of assistance dogs) are expressly prohibited within all areas of the Distillery. 4.4. Photography is permitted throughout the visitor centre and the distillery production areas provided that no flash is used. Photography is not permitted in the spirit safe under any circumstances. 4.5. If a client behaves in a manner which, in the opinion of Distillery staff: 4.5.1. infringes any of these visitor rules; 4.5.2. has, or is likely to affect the safety or enjoyment of other persons or cause damage to property; or 4.5.3. uses or demonstrates threatening, abusive or insulting language or behaviour, that client may be removed from the building without refund and in addition, the client and/or the visitor must meet any expenses incurred by Diageo as a result of such behaviour.
Renovations and reasonable adjustments 5.1. Diageo will use reasonable endeavours to inform Customer at the time of receiving a booking or in advance of arrival if there are any planned works, renovations or other activities being conducted at the relevant Distillery that may cause inconvenience to visitors or reduce the facilities available at the Distillery. 5.2. Notwithstanding 5.1 above, Diageo cannot guarantee that any Distillery will be in production during a visit. Breaks in production or essential maintenance may restrict viewing without notice and Diageo shall not have any liability to the Customer resulting from any such restriction. 5.3. Disabled persons are welcome at the Distillery, and where possible, the Distillery shall endeavour to make reasonable adjustments to the Distillery visitor tour (taking into account the unique layout and location of each Distillery) to facilitate visits by disabled persons, including those with assistance dogs. However, certain Distilleries are unable to accommodate wheelchair users on tours and there can be large numbers of stairs which may be difficult for visitors with mobility issues. 5.4. If a booking by Customer includes one or more disabled persons, it is the Customer’s responsibility to specify this when booking or prior to the visit, to check with the Distillery whether any requested adjustments are possible and to advise its clients of any restrictions on their visit. Diageo and the Distillery shall have no liability or responsibility to the Customer or its clients in this regard. 5.5 Although not guaranteed, Diageo will use reasonable endeavours to meet requests for translations made at the time of booking, subject to staff availability. 5.6 Maximum tour group sizes are applicable, where any group exceeds a single tour size maximum, the group will be spilt on arrival. Please enquire at the Distillery for the latest maximum tour sizes.
Promotion and Licence 6.1. Customer may promote and market Diageo in its sales materials and may include a visit to Diageo in holidays or packages which it sells to its clients throughout the world. For that purpose, but for no other purpose, Diageo grants to Customer a worldwide, non-exclusive, and royalty-free right and licence to use, publish, and advertise the Distillery names and logos in Customer’s sales materials provided however that the Customer may not make any changes, adaptations or variations whatsoever in the names or logos without the express written permission of Diageo.
Liability 7.1. Diageo shall not be liable to Customer for any economic or consequential loss or damage (including without limitation loss or revenue, lost profit, loss of business or otherwise) accruing to the Customer from any act or default of Diageo or from the termination of these Terms and Conditions howsoever caused. Nothing in this clause shall affect Diageo’s liability to visitors as provided by statute. 7.2. Diageo will use all reasonable endeavours to ensure that a Distillery and all of its exhibits and displays are open for use by clients during normal opening hours. However, Diageo reserves the right, in its absolute discretion, whether for safety reasons or otherwise, and with or without prior notice, to close the Distillery or any part of it. In the event of such closure, Diageo will not charge the Customer for a cancelled booking. Otherwise Diageo shall have no liability whatsoever, including no liability for travel expenses or any other out of pocket expenses, in respect of closure of part or all of Diageo. 7.3. Other than liability for death or personal injury resulting from Diageo’s negligence, Diageo, its employees or agents shall not be liable for any loss or damage, direct or indirect, howsoever arising, suffered by the Customer or its clients in connection with these Terms and Conditions.
Force Majeure 8.1. Neither party shall be liable to the other for any failure to perform, or any delay in performance of, any of its obligations under these Terms and Conditions to the extent that such failure, delay or non-performance is due to any reason beyond its reasonable control (a ‘force majeure’ event) of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.
General 9.1. Diageo and Customer each agree to keep confidential any business secrets or non-public information about the other party or its business that comes into its possession by virtue of these Terms and Conditions. In particular, all terms and rates and these Terms and Conditions are strictly confidential. Failure to comply with this clause infringes these Terms and Conditions and will entitle Diageo to terminate these Terms and Conditions immediately without compensation to the Customer. 9.2. Customer confirms to Diageo that in marketing or offering Distillery visits to clients it operates in accordance with all applicable laws, regulations, rules and codes of practice. 9.3. Nothing in these Terms and Conditions will create, or be deemed to create, a partnership or the relationship of principal and agent or employer and employee between Diageo and Customer. 9.4. The law of Scotland shall be the proper law governing any dispute which may arise between Diageo and the Customer in connection with these Terms and Conditions. 9.5. Diageo shall be entitled to vary these Terms and Conditions by notice to Customer at any time. 9.6 Either party may terminate the Terms and Conditions between the parties by giving one(1) month’s notice in writing to the other. Termination shall not affect the Customer’s liability to pay all amounts due for visits prior to termination.