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Terms & Conditions
Terms & Conditions
Introduction
The following terms and conditions apply to the provision by Sealwood Estate & Vineyard (“we” or “us”) of accommodation (the “accommodation”) and/or services (“Services”) and/or vineyard tours/events (“tours” or “events”) at The Sealwood Estate & Vineyard – Sealwood Estate, Sealwood Lane, Linton, Derbyshire, DE12 6PA(“The Estate”) and all bookings made by the Customer.
1.0 Definitions
1.1 In these Terms and Conditions, the following words shall have the meaning set out next to them:
“Booking” means a booking for a stay at the Vineyard Cottage or other camping/caravan and includes Accommodation, any meals, Tours and other Services;
“Contract” means the agreement between Sealwood and you to fulfill a Booking or purchase of a Product;
“Customer” or “you” means any customer, firm, or company who makes or is making a Booking with Sealwood or purchasing a Product from Sealwood;
”Group” means an organised group of 4 or more people;
“Product” means wine, food, beverages, experience, candles, glasses, or other products sold by Sealwood;
“Order” means the order of any product done via the website, email, phone or in-store.
“Writing” means letter or email
“Vineyard Cottage” means the cottage accommodation run by Sealwood Estate & Vineyard;
1.2 These conditions and any matters referred to by us, form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent), or undertakings.
1.3 Any omission or error in any sales literature, web page or site, order form, quotation, price list, order acknowledgement, dispatch note, invoice, or other document issued by us may be corrected by us without liability. We will advise you of any changes at the time of making a Booking or purchasing a Product or as soon as is reasonably possible thereafter.
1.4 The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under any Contract.
2.0 Accommodation Bookings
2.1 All Bookings and Products are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that the Booking or the purchase of the Product has been successful. The Contract between us will only be formed when we send you this confirmation. All Bookings and Products are subject to availability and Sealwood reserves the right to decline any Booking or purchase of a Product at its discretion.
2.2 A Booking cannot be amended unless agreed between an authorised representative of Sealwood and you.
2.3 By making a Booking or purchasing a Product you warrant that you are legally capable of entering into a binding contract and that the information you have provided to us is correct. All Bookings and purchases made by telephone or other forms of distance communication are made subject to these terms and conditions and the person placing the Booking warrants that he/she has the full authority to do so on behalf of all the persons they are making a Booking for, and confirms that all such persons are aware of and accept these conditions.
2.3.1. Group leaders must advise Sealwood of the number of delegates/guests attending, the timings, accommodation, and food and beverage requirements (if applicable) when making the booking.
2.3.2 Group leaders accompanying the Group are responsible for the discipline and behaviour of their Group. Group leaders are responsible for all damage caused by their actions or inaction, or the actions or inactions of those in their Group. If any Group is given sole use of the Vineyard Cottage Accommodation it shall not offer for sale to the general public or publicly advertise the sales of the facilities or Services.
2.3.3 All reservations must be 100% paid upon booking.
3.0 Purchases of Products
3.1 Any cancellations of food and beverage items within 48 hours of the event date are non-refundable.
3.2 Sealwood Estate cannot accept the return of any opened or used Products.
3.3 Delivery will normally take place within 3 working days of the date of the Acknowledgement of Order. Sealwood Estate will make every reasonable effort to deliver the Product within 3 working days, and unless it is otherwise agreed in writing, the Customer shall not be entitled to cancel the order in whole or in part on the grounds of delayed delivery howsoever caused, nor shall the Customer be entitled to claim damages or compensation. If Sealwood Estate is unable to make delivery within 3 working days, we will contact the Customer and keep them updated accordingly.
3.4 Sealwood Estate uses DPD for all deliveries. Sealwood Estate will deliver the Product to the United Kingdom (England, Scotland & Wales, excluding Scottish Highlands and Islands). Delivery will be made to the address specified by the Customer at the time of placing the Order.
3.5 Sealwood Estate’s standard delivery charge is £10, unless stated otherwise in writing. Standard postage charge is £2 and delivered via Royal Mail, unless stated otherwise in writing.
3.6 If any payment under these terms and conditions is overdue, then without prejudice to our other rights and remedies we may cancel your Booking and/or we may suspend the supply and/or deliveries of any other Services being provided to you by Sealwood Estate.
3.7 All coupons, vouchers, and discount codes shared via a Gift Voucher or on our marketing channels can only be redeemed on new orders, and cannot be applied to pre-exisiting bookings.
3.8 Tours will continue to run in the event of inclement weather unless it is deemed unsafe by Sealwood Estate, in which case you will be offered a credit note. Sealwood Estate reserves the right to postpone tours as required. We recommend that suitable outdoor activity clothing and footwear be worn. Payment for Tours is due at the time of booking.
3.9 Sealwood has a strict alcohol policy as it is a criminal offence for anyone to sell alcohol to a person who is under the age of 18. There are no exceptions to this. Sealwood Estate has an age verification policy in place that requires all staff to check the ID of anyone appearing to be under the age of 25. It is essential that if there is any doubt about the customer’s age, ID will be asked for and checked thoroughly.
4.0 Gift Vouchers
4.1 All vouchers are valid up to the expiry date indicated at the time of issue. Vouchers cannot be used, redeemed, or extended after their expiry date has passed.
4.2 Customers may request a one-time free extension of up to three (3) months beyond the original expiry date, provided the request is made before the voucher expires. This extension must be requested by contacting hello@sealwoodestate.co.uk. The extended validity will be calculated from the original expiry date, not from the date of the request.
4.2.1 Any further extension requests beyond the initial free extension will be subject to a £10 administration fee per voucher. These additional extensions are at our discretion and may be refused without obligation to provide justification.
4.3 Vouchers are non-transferable, non-refundable, and cannot be exchanged for cash or credit. Payment of the fee does not guarantee approval of the extension.
5.0 Changes and Cancellations
5.1 Vineyard Cottage
5.1.1 All Booking cancellations are subject to our refund policy, contained within these Terms and Conditions.
5.1.2 All refunds are calculated according to the time between notification of the cancellation being received by Sealwood and the time of the first night of your stay. The first night of your stay is defined as starting at 2 pm.
5.1.3 Should you need to cancel your reservation kindly contact our reservations team at hello@sealwoodestate.co.uk. Please note all changes or cancellations need to be done via email, not over the phone, so there will be proof of the time and date of cancellation. Our cancellation charges depend on the notice period given and are shown below:
5.1.4 Cancellations or changes made fifteen (15) or more days prior to the date of arrival will incur a 10% charge.
5.1.5 Cancellations or changes made three (3) to fourteen (14) days prior to the date of arrival will incur a 50% charge.
5.1.6 Cancellations or changes made less than two (2) days prior to the arrival date will incur a 100% charge.
5.1.7 Cancellations or changes made less than two (2) days after booking 0% charge.
5.1.8 Cancellations or changes made less than two (2) days prior to the arrival date will incur a 100% charge.
5.3 Sealwood Estate
5.3.1 In the unlikely event it becomes necessary to change your Booking, in total or in part, Sealwood will inform you as soon as is reasonably possible of any necessary changes. You will have the choice of accepting the changed arrangements; purchasing another Booking from Sealwood (and paying or receiving a refund in respect of any differences); cancelling your Booking and receiving a full refund of all payments made.
5.3.2 We reserve the right to immediately cancel your Booking on the service of written notice if, in the unlikely event, we require the premises for emergency use. Sealwood shall have sole discretion for determining emergency use. In the event of an emergency, we shall use reasonable efforts to offer alternative on-site facilities for events in progress and forthcoming events. If this is not possible, Sealwood will refund you any payments already made.
5.3.3 Sealwood may at its sole discretion immediately cancel any booking on service of written notice without incurring any liability if:
5.3.3.1 The booking may prejudice the reputation of Sealwood;
5.3.3.2 An event for which a booking is made is unlikely to be conducted or organised in a proper or suitable manner;
5.3.3.3 Sealwood receives evidence of any adverse alteration to your financial situation or the timing or amount of payments due to Sealwood may not be met;
5.3.3.4 You are in arrears of payments due to Sealwood;
5.3.3.5 You behave in any way that would be considered to be detrimental, offensive and contrary to normal expected standards of behaviour;
5.3.3.6 If an event of force majeure occurs.
5.3.4 Photography taken at Sealwood Estate events, or during your Booking, may be used on our social media or website for future use. Please contact us in writing before your Booking if you do not consent to the use of your image on our social media or website.
6.0 Delivery
6.1 The price of delivery shall be quoted on the quotation and the Acknowledgement of Order and shall be part of the total price quoted to the Customer, except where the Customer is placing an Order at Sealwood Estate’s premises and has agreed to take the Products away at that time.
6.2 Sealwood Estate will deliver the Product to the United Kingdom. Delivery will be made to the address specified by the Customer at the time of placing the Order. The Company reserves the right to make delivery in instalments. If Sealwood Estate elects to do this, there will only be a single delivery charge.
6.3 Delivery will normally take place within 3 working days of the date of the Acknowledgement of Order. Sealwood Estate will make every reasonable effort to deliver the Product within 3 working days, and unless it is otherwise agreed in writing, the Customer shall not be entitled to cancel the order in whole or in part on the grounds of delayed delivery howsoever caused, nor shall the Customer be entitled to claim damages or compensation. In the event that Sealwood Estate is unable to make delivery within 3 working days, we will contact the Customer and keep them updated accordingly.
6.4 If the Customer is not available at the time of delivery, Sealwood Estate’s delivery agents will leave the Product(s) in a safe place, provided that the Customer has provided such instructions to Sealwood Estate at the time of placing the Order. Alternatively, Sealwood Estate’s delivery agents will leave a card requesting the Customer to arrange a more convenient delivery time.
6.5 All Products must be signed for on delivery by an adult aged 18 years or over (please see clause 3.5 for further information). If no one of that age is at the address when the delivery is attempted, the Product may be retained by the delivery agent, in which case the delivery agent will leave notification of attempted delivery and will telephone to rearrange or will return later that day. In these circumstances, if Sealwood Estate has to re-deliver the goods, a further delivery charge may become due and payable by the Purchaser.
6.6 Sealwood reserves the right to use any method of transport for delivery, and the Product shall be at the risk of Sealwood during transit.
6.7 A clear receipt for the Product shall be sufficient evidence that the Product has been delivered in good condition.
7.0 Your Responsibilities
7.1 You shall be responsible for the orderly conduct of your Group. If your behaviour as a Customer or the behaviour of any member(s) of your Group is unacceptable to Sealwood in its absolute discretion, Sealwood reserves the right to insist on the offending individual(s) immediate departure from Sealwood without thereby incurring any liability.
7.2 You are responsible for the cost of any externally contracted services or activities and for ensuring that all necessary statutory obligations or requirements specified by the estates manager in respect of such services or activities are complied with. Sealwood reserves the right of prior approval of all such arrangements and its absolute discretion to refuse entry to the Premises to any contractor.
7.3 You are responsible for informing us of any dietary requirements or allergies you have when dining with us on any tasting/tour activities. For Sharing Boards, please inform us of your dietary requirements via email to hello@sealwoodestate.co.uk at least five days (5 days) before your event date. For all other seasonal food events, please inform us of any dietary requirements at least 48 hours before your event date.
8.0 Liability
8.1 Sealwood will ensure that the accommodation and/or other Product you order from us are provided in accordance with these terms and conditions and shall be provided by us with reasonable skill and care.
8.2 Where an element of your Booking is not provided to the standard stated in clause 8.1 you must notify us within 28 days of the alleged breach. We shall then investigate the matter and if we have not delivered the services in accordance with clause 8.1 you shall be entitled to choose between: a full refund of the cost of your order (or, where appropriate, the relevant section of it) less any fees charged for changes requested by you; or a free stay to the equivalent value of the services complained of, where such dates are agreed in writing by us.
8.3 You shall indemnify Sealwood from and against any and all claims, proceedings, losses, liabilities, costs, damages and expenses suffered or incurred by Sealwood as a result of:
8.3.1 loss and/or damage to the property (including vehicles) of Sealwood, its employees, agents, contractors or of other third parties caused by any act, omission or default of the Customers; and
8.3.2 personal injury to, including disease, or death of Sealwood employees, agents, contractors or to/of other third parties caused by an act, omission or default of the Customers.
8.4 Save as otherwise excluded or limited by applicable law, Sealwood Estate’s total liability, whether in contract, tort, negligence, breach of statutory duty or otherwise, arising under or in connection with this Agreement shall be limited to the Agreement price.
8.5 Sealwood accepts no liability, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, for any special, indirect or consequential loss or damage suffered or incurred by you or your Group including, without limitation, any economic loss or other loss of use, turnover, profits, revenue, business or goodwill or business interruption.
8.6 Sealwood accepts no responsibility or liability for any personal injuries or personal harm incurred at Sealwood Estate across our premises. Customers use Sealwood facilities and equipment at their own risk.
9.0 Written Communication
9.1 When using our website you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. By using this website you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
10.0 Changing These Terms and Conditions
10.1 We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the terms and conditions in force at the time that you make a Booking or purchase Products from us, unless any change is required to be made by law or if we notify you of the change to these terms and conditions before we confirm that your Booking or purchase has been successful.
11.0 Force Majeure
11.1 Sealwood will not be liable for any failure or delay in providing facilities, services, food or beverages as a result of events or matters outside its reasonable control (including but not limited to fire, storm, explosion, flood, act of god, act of terrorism, action of any governmental agency, shortage of materials or goods, utilities shut down, strike or lockout).
11.2 If by any such circumstances set out in clause 10.1 or otherwise, Sealwood Estate is delayed, hindered or prevented from delivering all or part of the Product, Sealwood will fairly apportion amongst all of its present contracted customers such of the Product then available to Sealwood. Where Sealwood’s obligations to supply have been suspended, the normal supply shall resume as soon as is reasonably possible after the removal of the cause. In the event that the cause continues for more than 2 months either party may terminate this Order on 5 working days’ notice.
12.0 Severability
12.1 If any provision of these Terms and Conditions is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of this Order and the remainder of the provision shall continue in full force and effect.
13.0 Third-Party Rights
13.1 Nothing in these Terms and Conditions is intended to confer any benefit on any third party (whether referred to by name, class, description or otherwise) or any right to enforce a term or condition.
14.0 Entire Agreement
14.1 These Terms and Conditions constitute the entire understanding between the parties in respect of the subject matter and supersedes all prior representations, writings, negotiations or understandings and discussions between the parties relating to it.
15.0 Law and Jurisdiction
15.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.