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  2. General Terms and Conditions of Sale

General Terms and Conditions of Sale

General Terms and Conditions of Sale

The Original Tour Limited, hereinafter referred to as "the Company", a UK limited company located at Garrick House, Stamford Brook Garage, 74 Chiswick High Road, London, United Kingdom, W4 1SY, registered at Companies House under number 02328599 with VAT number: 198153769.

Article 1 - Definitions

The terms beginning with a capital letter in these General Terms and Conditions of Sale (“GCS”), whether used in the singular or plural, shall have the meaning given to them below:

"Sales Outlet" or "Sales Outlet" means any location authorised by The Original Tour for the sale, exchange or redemption of Tickets, including onboard sales locations, street sales representatives and any other authorised sales points.

"Non time-stamped Tickets": means a transport ticket purchased on one of the Platforms or in a Sales Outletallowing access to The Original Tour Services at the date and time desired by the Customer, within the opening hours. Depending on the Offering selected, the Ticket can be used for 1 or 2 consecutive days from the first use of the Ticket upon boarding;

"Themed ticket" means a transport ticket valid for an Offering with a departure date and time defined by The Original Tour;

"Order": means the act by which the Customer has chosen one of the Offerings offered on the dedicated Platforms.

"General Conditions of Sale" or "GCS": means the present contractual conditions proposed by The Original Tour on the Platforms which govern the Offering. Their prior and unreserved acceptance by the Customer(s) shall be a condition for the acceptance of the Order and the issue of the Ticket.

"Personal data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to login details, such as a name, an identification number, location data, an online login, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity.

"Offering(s)": means the online offering(s) of passenger transport services whose purpose and scope are defined on the Platforms;

"Services": means the various functionalities offered by the Platforms;

"Platforms": means the official website of the Company www.theoriginaltour.com;

"Ticket" or "Pass" means the individual or family transport ticket associated with an Offering proposed by The Original Tour provided on paper or electronic media on which appears the surname and first name of the Customer, the Offering ordered, the date and time of departure of the bus or the number of consecutive days during which the Offering can be used and the instructions for use of the Offering;

"Customer" or "User": means any person who purchases, books, uses or redeems a Ticket or Services provided by The Original Tour.

Article 2 - Purpose

These General Terms and Conditions of Sale apply to all transport services offered by the Company in the context of the remote sale of Tickets, via the Platforms or at a Sales Outlet, namely bus sightseeing tours, and to the use of The Original Tour application. Depending on the geographical area in which he or she is located, the Customer can select the following Offerings:

  • a “Themed Tour” pass, intended for discovery of monuments, themed Tours such as Kids Tours, London by Night Tours or Christmas Lights Tours,or festivals such as Halloween, without stops, accessible by reservation at a specific date and time determined by The Original Tour;

  • a "Hop-On Hop-Off" pass, allowing you to get on and off at a desired bus stops;

  • an “Experience” pass or combination package, including a Hop-On Hop-Off Pass with a partner attraction;

  • a commentary audio guide.

The Customer acknowledges that he/she has read these GCS at the latest at the time of the final confirmation of his/her Order and expressly declares that he/she accepts them unreservedly. The Company reserves the right to modify or adapt these GCS at any time. In the event of a change, only the GCS in force on the date of the Customer's Order shall apply.

Article 3 - Conditions of use for the Platforms

The Customer is financially responsible for the use of the Platforms both on his or her own behalf and on behalf of third parties, including minors, unless he can demonstrate fraudulent use not resulting from any fault or negligence on his or her part. The Customer also guarantees the truthfulness and accuracy of the information provided by him or herself or any other third party using his or her data on the Platforms.

Fraudulent use of the Platforms or use that contravenes these GCS may result in the Company refusing to sell the Tickets at any time.

Article 4 - Order and payment

Article 4.1 Ordering

On visiting the Platforms, the User can purchase the Tickets mentioned in the "Tours" section. Placing an Order comprises the following stages:

The Customer selects the Ticket(s) he/she wishes to purchase, after having checked their price(s) and the conditions applicable to their use.

The Customer's shopping basket contains a summary of his or her Order: Selected Tickets, total amount of the Order. Customers may add or remove an item from their basket.

After having read and accepted these GCS, the Customer "Confirms the Order". The sales contract is then concluded between the Company and the Customer. Upon receipt of the Order and payment, the Company sends an acknowledgement of receipt to the Customer's e-mail address, which shall constitute confirmation of the sale.

The Customer is recommended to keep and/or print this e-mail as it constitutes proof of payment of the Order.

We reserve the right to cancel a booking and issue a refund where pricing, availability or technical errors occur.

Article 4.2 Terms of payment of the Order

The payer must be a natural person over the age of majority or an emancipated minor (proof must be provided).

All communications relating to the payment are addressed to the payer. The Customer has the option of paying by credit card.

When payment is made by secure electronic payment by payment card, via VivaWallet or Adyen payment systems, the latter ensures the reliability of transactions carried out on the Platforms.

Payments will be made via the Viva Wallet or Adyen systems for the companies operating under the The Original Tour brand, namely The Original Tour Limited.

By providing payment card details, the User confirms that they are authorised to use the card and authorises the Company to charge the card for the total amount payable (including VAT).

All card payments are subject to authorisation by the card issuer. If the issuer refuses authorisation, the Company will not be liable for any delay or failure to process the order.

Once a payment instruction has been submitted, the User’s card account will be charged in accordance with the applicable card scheme rules. The User is responsible for ensuring that all card details provided are true, accurate and complete, including the card number, expiry date and, where required, the security code (CVV/CVC).

The Company reserves the right to verify the validity of the payment details before processing any transaction.Viva Wallet and Adyen encrypt all the personal banking data required for the registration of the User's request, at the time of its entry. Under no circumstances does the Company have access to the User's bank details.

The transaction is carried out by the User in accordance with banking security standards. Thanks to the encryption system, the bank details (payment card number and expiry date) communicated by the User to VivaWallet or Adyen cannot be intercepted by a third party.

For any payment by bank card on the Platforms, the electronic certificate issued by the online payment gateway will be considered as proof of the amount and date of the transaction, as well as the means of electronic archiving set up by the Company. In this respect, the dates and times of the server shall be binding between the parties.

Article 5 - Tariffs

The prices shown on the Platforms are indicated in Pounds Sterling, including all taxes, depending on the geographical area where the Customer is located at the time of purchase.

If one or more taxes or levies, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the Tickets on the Platforms.

However, a price cannot be changed once your Order has been confirmed.

Infants travel for free (0-4 years old, or 0-2 years old for Kids Tours). During the tour, infants must be seatedon the accompanying adult's lap, with a maximum limit of 1 infant per adult.

Article 5.1 - Promotional Offers

The Original Tour reserves the right to offer special price reductions throughout the year, at its discretion. It also reserves the right to retract these promotional offers at any time. These reduced fares are accessible on the dedicated platforms and are valid only on the dates specified. The Original Tour does not accept responsibility for any price reductions or promotions advertised on platforms outside The Original Tour network.

Article 6 - Delivery

The Tickets are delivered to the e-mail address indicated by the Customer on his or her Order.

If delivery of the Tickets is rendered impossible due to an error or omission by the Customer in entering their details, the Company will not be held responsible.

Tickets will normally be delivered immediately following successful payment, although delays can occasionally occur.

Article 7 - Conditions of use of the Tickets

The holder of a Ticket must validate it every time with the bus drivers or in the Agency before each journey when boarding a vehicle. If a customer cannot present a valid ticket when requested, The Original Tour reserves the right to refuse boarding or require the customer to purchase a valid ticket before travel.

Article 8 - Terms of use for The Original Tour app

Details of the terms of use for The Original Tour app are available in the “General Terms of Use for The Original Tour application” which is published in the Application itself.

Article 9 - Exchange, cancellation, refund

The Tickets are exchangeable and refundable free of charge during office hours (9am-5pm) up to 24 hours prior to the date of the tour.

In the event of an exchange, if the price of the new Ticket is higher, the difference in price will be charged to the Customer.

If the Customer wishes to change the tour initially selected, he/she may cancel the initial Ticket and purchase a new Ticket for the desired route, provided this is within the cancellation/change window.

To add another passenger (adult or child) to the original Ticket, the Customer must purchase an additional Ticket.

The Customer must contact Customer Services for any cancellation, exchange or refund request via the contact form on the The Original Tour website.

Where services are cancelled, significantly delayed or cannot be provided due to events outside The Original Tour's reasonable control, we will use reasonable efforts to offer an alternative date, alternative service or refund where appropriate.

Tickets are customer's responsibility, lost tickets will not be replaced.

Article 10 - General terms & conditions applicable to services sold by our partners

The Company acts as reseller or booking agent for certain attraction providers (our “Partners”).

Attraction services offered by our Partners which are sold on the Site are governed by the General Conditions of Sale of the relevant Partner, which must be accepted before the Order. All these Conditions relating to the provision of the Services are accessible at the time of your Order on the partner's website. These Conditions constitute the entire contractual conditions applicable to the performance of the Service and must be read carefully and fully and accepted before any Order.

Article 11 - Receipt, complaints

The Customer is required to check the details of the Tickets delivered, upon receipt.

Any complaint about mistakes in the delivered Tickets must be reported by the Customer, as soon as reasonably practicable, to Customer Services via the contact form on The Original Tour website.

The Company undertakes to deal with any complaint within 30 days of receipt of the request.

If no claim is made within the aforementioned period, no claim can be accepted, the Tickets delivered being deemed to be correct and accepted by the Customer.

No Ticket can be exchanged if its validity has expired.

In the event of total or partial non-performance of an Order attributable to the Company, the Company's liability shall be strictly limited to the amount of the unfulfilled Order and shall not give rise to any additional compensation. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot be excluded by law.

Article 12 - Customer behaviour on-board the bus

Customers are expected to behave respectfully towards other customers and The Original Tour staff. Theft, public disorder, verbal and physical violence, threatening behaviour, insulting comments, drunkenness or loss of faculties, public indecency and any disruptive behaviour that disturbs other customers is forbidden.

Customers are reminded that they must strictly adhere to all safety instructions. It is strictly forbidden to bring dangerous or illegal substances, blunt objects or weapons on board the bus. Passengers must not obstruct the vehicle’s emergency exits, aisles or entrances. Passengers must remain seated with their seatbelt on when the bus is moving and keeping all parts of their body inside the bus.

In the case of non-compliance with the above-mentioned instructions, The Original Tour may, at its sole discretion, intervene and take all necessary measures, removing from the bus any customer whose behaviour is deemed offensive or harmful for other customers and The Original Tour staff or whose behaviour constitutes a risk to the customer’s own safety and that of other customers and The Original Tour staff. In this case, the Customer cannot claim any compensation or refund.

The Original Tour also reserves the right to notify the police and take legal action and/or apply the legal measures in force.

Article 13 - Luggage on board

For safety reasons, extra-large luggage items are not allowed on our buses. Only handbags and backpacks are accepted, provided there is space onboard to safely store them.

Prams and wheelchairs can be stored in the dedicated wheelchair area at the driver’s discretion, provided they do not obstruct passage, with wheelchair users taking priority.

Foldable scooters and bicycles are accepted folded in the luggage compartment if space allows. The driver may refuse transport for safety or capacity reasons.

The Original Tour is not responsible for loss, theft, or damage to personal belongings. Passengers are advised to keep valuable items with them at all times.

Article 14 - Cooling-off period

You are informed that, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, certain services made available on the Platforms are not subject to the statutory 14‑day cancellation (cooling‑off) period.

In particular, the right to cancel will not apply where:

  • The Services have been fully performed after you have given your prior express consent to the immediate performance of the contract and acknowledged that you will lose your right to cancel once the Services have been fully performed; or

  • The Services fall within any other exemption provided under Regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Article 15 - Liability

The Company shall not be liable if the performance or poor performance of the contract is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party outside the provision of the service, or in a case of events beyond our reasonable control and generally in the following cases preventing the performance of the contract under normal and expected conditions: breakdown or malfunction of the computer and/or telecommunication networks preventing the availability of online services.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any liability that cannot be excluded by law.

Nothing in these Terms affects your statutory rights.

Article 16 - Personal Data and Data Protection

To deliver its service, the Company collects personal data about the Customer. The collection of Data takes place on the Platforms. Information on how we process your personal data is available in our Privacy Policy published on the Platforms.

Article 17 - Updating of the General Terms and Conditions of Sale

The applicable GCS are those in force at the date of connection to and use of the Platforms by the User.

The Company reserves the right to modify, at any time, all or part of the provisions of the GCS without prior notice or information to Users in order to adapt them to changes in the Services, to technical, legal or judicial developments or when new services are introduced.

Any changes made by the Company to the GCS will be brought to the attention of Users by simply putting them online. They are deemed to be accepted unreservedly by any User who accesses the Platforms after they have been put online.

The Company therefore invites all Users to check the GCS regularly. Any new Service incorporating new techniques or new features that improve the quality of the existing Services shall also be subject to these GCS, unless expressly provided otherwise.

Article 18 - Applicable law, attribution of jurisdiction

These GCS are subject to the laws of England and Wales, and any dispute concerning their interpretation and/or enforcement is the responsibility of the English courts.

Article 19 – Complaints and Dispute Resolution

Customers who are dissatisfied with any aspect of the Services should contact Customer Services in the first instance using the contact details provided on the Website. We will endeavour to resolve complaints promptly and fairly. Nothing in these Terms limits the Customer's right to bring proceedings before the courts of England and Wales or any other rights available under applicable consumer protection laws.Nothing in these General Conditions of Sale affects any rights or remedies available to consumers under applicable law.

Article 20 – Entire Agreement

These Terms constitute the entire agreement between the parties in relation to the services purchased