Terms and Conditions
The following terms and conditions apply to the provision by Tinwood Estate Vineyard (“we” or “us”) of accommodation (the “accommodation”) and/or services (“Services”) and/or vineyard tours/events (“tours” or “events”) at The Tasting Room and Cellar Door – Tinwood Estate, Halnaker, West Sussex, PO18 0NE (“The Estate”) and all bookings made by the Customer.
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 Lodges or visit to the Tasting Room or Cellar Door and includes Accommodation, any meals, Tours and other Services;
“Contract” means the agreement between Tinwood 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 Tinwood or purchasing a Product from Tinwood;
”Group” means an organised group of 4 or more people;
“Product” means wine, food, beverages, souvenir, experience, candles, glasses, or other products sold by Tinwood;
“Order” means the order of any product done via the website, email, phone or in-store.
“Writing” means letter or email
“Vineyard Lodge” means the Lodge accommodation run by Tinwood Estate Vineyard;
“Vineyard Kitchen” means the Tasting Room restaurant and on-site dining options run by Tinwood Estate Vineyard;
“Cellar Door” or “Tasting Room” means Cellar Door shop and Tasting Room where the tours and tastings are run by Tinwood 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 Tinwood 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 Tinwood 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 Tinwood of the number of delegates/guests attending, the timings, accommodation, and food and beverage requirements 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 Lodge Accommodation it shall not offer for sale to the general public or publicly advertise the sales of the Tasting Rooms 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 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 at the Tasting Room being provided to you by Tinwood Estate.
3.3 Tours from the Cellar Door will continue to run in the event of inclement weather unless it is deemed unsafe by Tinwood Estate, in which case you will be offered a credit note. Tinwood 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.
3.4 No food or beverage items, other than those provided by Tinwood Estate, shall be consumed by you while at the Tasting Room or Cellar Door unless prior written permission is received from Tinwood Estate.
3.5 Tinwood 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. Tinwood 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 CHANGES AND CANCELLATIONS
4.1 Vineyard Lodges
4.1.1 All Booking cancellations are subject to our refund policy, contained within these Terms and Conditions.
4.1.2 All refunds are calculated according to the time between notification of the cancellation being received by Tinwood and the time of the first night of your stay. The first night of your stay is defined as starting at 2 pm.
4.1.3 Should you need to cancel your reservation kindly contact our reservations team at firstname.lastname@example.org. 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:
4.1.4 Cancellations or changes made fifteen (15) or more days prior to the date of arrival will incur a 10% charge.
4.1.5 Cancellations or changes made three (3) to fourteen (14) days prior to the date of arrival will incur a 50% charge.
4.1.6 Cancellations or changes made less than two (2) days prior to the arrival date will incur a 100% charge.
4.1.7 Cancellations or changes made less than two (2) days after booking 0% charge.
4.2 Tasting Room
4.2.1 Should you need to cancel/change your reservation kindly contact our reservations team at email@example.com. 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.
4.2.2 Cancellations or changes made less than two (2) days prior to the arrival date will incur a 100% charge.
4.3 Tinwood Estate
4.3.1 In the unlikely event it becomes necessary to change your Booking, in total or in part, Tinwood 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 Tinwood (and paying or receiving a refund in respect of any differences); cancelling your Booking and receiving a full refund of all payments made.
4.3.2 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. Tinwood 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, Tinwood will refund you any payments already made.
4.3.3 Tinwood may at its sole discretion immediately cancel any booking on service of written notice without incurring any liability if:
184.108.40.206 The booking may prejudice the reputation of Tinwood;
220.127.116.11 An event for which a booking is made is unlikely to be conducted or organised in a proper or suitable manner;
18.104.22.168 Tinwood receives evidence of any adverse alteration to your financial situation or the timing or amount of payments due to Tinwood may not be met;
22.214.171.124 You are in arrears of payments due to Tinwood;
126.96.36.199 You behave in any way that would be considered to be detrimental, offensive and contrary to normal expected standards of behaviour;
188.8.131.52 If an event of force majeure occurs.
5.0. WINE CLUB
5.1 As a member of the Tinwood Wine Club, we will send you a mixed case of Tinwood Wine four times a year. On this and all additional orders, you will receive an exclusive 20% off all Tinwood Wines, subject to availability.
5.2 All Tinwood Wine Club members must be over 18 years of age, as set out in clause 3.5.
5.3 Members receive free UK mainland delivery on orders of 6 bottles or more. Unfortunately, we cannot ship wine outside of the UK, as set out in clause 6.2.
5.4 There is no joining fee. We take four payments (one for each case) on the 1st of March, 1st of June, 1st of September, and 1st of November on a rolling basis from the date you subscribe. Your wine will be shipped approximately 2 weeks later.
5.5 We will ship to the address you confirmed on signing up, any changes to this must be made by contacting a member of the team. This can be done by emailing firstname.lastname@example.org or calling 01243 537372.
5.6 You may cancel at any time, all we ask for is 30 days’ notice in writing, this can be done by email.
5.7 On subscription you will receive a welcome email from our team, issuing you with your unique membership number and confirming your next delivery.
5.8 By joining Tinwood Wine Club, you agree to receive emails from us which will include important information about your shipments as well as exclusive offers, bespoke member events, new releases, and emails sent to our general Tinwood mailing list.
5.9 Please note that if you cancel your membership, we will remove you from the Wine Club mailing list and you will no longer receive members-only emails (which may take up to 10 working days to activate). You may continue to receive newsletters from our general mailing list unless you choose to unsubscribe. You can opt-out at any time by selecting the unsubscribe link in the footer of our emails.
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 Tinwood Estate’s premises and has agreed to take the Products away at that time.
6.2 Tinwood Estate will deliver the Product to anywhere in the United Kingdom (including Northern Ireland, the Highlands, Scottish islands, the Isle of Man, and the Scilly Isles.). 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 Tinwood 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. Tinwood 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 Tinwood 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, Tinwood Estate’s delivery agents will leave the Product(s) in a safe place, provided that the Customer has provided such instructions to Tinwood Estate at the time of placing the Order. Alternatively, Tinwood 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 Tinwood Estate has to re-deliver the goods, a further delivery charge may become due and payable by the Purchaser.
6.6 Tinwood reserves the right to use any method of transport for delivery, and the Product shall be at the risk of Tinwood 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 Tinwood in its absolute discretion, Tinwood reserves the right to insist on the offending individual(s) immediate departure from Tinwood 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 Tasting Room manager in respect of such services or activities are complied with. Tinwood reserves the right of prior approval of all such arrangements and its absolute discretion to refuse entry to the Premises to any contractor.
8.1 Tinwood 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 Tinwood from and against any and all claims, proceedings, losses, liabilities, costs, damages and expenses suffered or incurred by Tinwood as a result of:
8.3.1 loss and/or damage to the property (including vehicles) of Tinwood, 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 Tinwood 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, Tinwood 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 Tinwood 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.
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 Tinwood 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 11.1 or otherwise, Tinwood Estate is delayed, hindered or prevented from delivering all or part of the Product, Tinwood will fairly apportion amongst all of its present contracted customers such of the Product then available to Tinwood. Where Tinwood’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.
12.1 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.