Chubby Fellow London Food Experiences - Terms & Conditions

Access to and use of chubbyfellow.com (the ‘Website’), the sale and purchase of the services advertised thereon, and our communications to you are subject to these standards terms and conditions (the ‘Terms and Conditions’). These Terms and Conditions constitute a legal agreement between each individual person or entity (‘you’) and Chubby Fellow Limited (company no 12617692) of 39 Etchingham Park Road, London, United Kingdom, N3 2DU (‘we’, ‘us’, etc) governing the sale and purchase of the services herein set out.

By accessing, using, or purchasing services from us, you are deemed to have accepted these Terms and Conditions in full.

1. GENERAL

1.1 By accessing or using this website or engaging us to provide the advertised services, you represent and warrant that you are at least 18 years old and will at all times provide true, accurate, and complete information when submitting information or materials to us.

1.2 You agree that you will abide by all applicable local, national, and international laws and regulations with respect to your use of the Website or our services.

1.3 You agree that your use of the Website and our services is at your own risk.

2. SERVICES

2.1 Where you have agreed to engage our services in accordance with Clause 3 below, we will:
(a) As and to the extent necessary, make reservations and other such arrangements with the restaurants, bars, and other venues (‘Venues’) included in the Tour;
(b) Meet you at the previously stated meeting point and guide you to each Venue;
(c) Select (in advance and subject to availability) particular items of food and drink to be ordered at the Venue; and/or
(d) Provide information regarding the food, drink, Venue itself, related history and culture, and other points of interest.

(the ‘Tour’)

2.2 Where we have provided a summary of the Tour (for example, in accordance with Clause 3 below), such summaries are indicative, strictly subject to the Venue(s)’ availability, and we make no warranties regarding the same.

3. PURCHASE PROCESS

3.1 There are three types of Tours available from time to time: a personalised tour, a ready-made tour, or a virtual tour. The advertisement of Tours on the Website do not constitute binding offers. We reserve the right to amend or suspend the advertised Tours at any time.

3.2 In the case of a personalised tour, you may make a request for a personalised tour as directed on the Website. We will endeavour to respond to you within 72 hours of your request with a summary of a proposed Tour, its price, and a method of payment. In completing this payment, you agree to engage our services and attend the Tour subject to these Terms and Conditions.

3.3 In the case of a ready-made or virtual Tour, you may select one of the options on the Website and a summary of the Tour will be provided to you prior to the payment page. In completing the payment process as directed on the Website, you make a binding offer to engage our services and attend the Tour subject to these Terms and Conditions. We may, at our sole discretion, accept this offer by sending you an order confirmation; or reject this offer without stating any reasons. Where we exercise this discretion to reject your offer, we will refund the sum you have paid via the payment method you have used.

4. PRICES AND PAYMENT

4.1 Save where expressly stated, Tour prices stated on the Website are non-binding. The prices applicable to any Tour, and which are due in consideration for our services on the Tour, are those stated in
(a) Our response to the request for a personalised tour in accordance with Clause 3.2 above; or
(b) The payment page on the Website.

(‘Prices’)

4.2 Prices are inclusive of the cost of food and drink at the Venues on the Tour.

4.3 Prices are inclusive of a 20% non-refundable deposit, which relates to the costs of planning as well as opportunity costs.

4.4 You represent and warrant that the payment information you provide is true, correct, and complete and that you are duly authorised to use such payment information.

5. CANCELLATION

5.1 Where you contact us, stating that you are unable or unwilling to attend a Tour that has been ordered and paid for in accordance with Clauses 3 and 4 above, we may at our discretion attempt to reschedule the Tour for a mutually agreeable date. If a tour can be rescheduled, we will offer a credit towards the rescheduled Tour (such credit being the Price paid towards the cancelled Tour less the 20% non-refundable deposit).

5.2 You have the right to cancel a Tour provided that you have given us 14 days’ notice. To exercise the right to cancel, you must inform us of your decision in a clear statement via our Website or by email. You may use the cancellation form at the end of these Terms and Conditions, but it is not obligatory. Where you have exercised the right of cancellation, we will refund 80% of the Price. For the avoidance of doubt, and subject to clause 5.3 below, a refund will not be available after the expiry of the 14-day cancellation notice period.

5.3 If a Tour must be cancelled
(a) solely for a reason beyond our reasonable control, including without limitation, a change to public health regulations, extremely hazardous weather, natural disaster, or an act of terrorism or other act threatening national security; and
(b) cannot be rescheduled in accordance with clause 5.1;

we will not have any liability to you (whether to perform services in connection with the Tour or otherwise).

6. LIMITATION OF LIABILITY

6.1 Consumption of items of food and drink on the Tour is at your own risk. We will give you an opportunity to bring to our attention your allergies and dietary restrictions and we will endeavour to select Venues and/or food and drink items in light of this information. However, it is ultimately your responsibility to ensure that you do not consume food or drink to which you are allergic or which do not meet your dietary requirements.

6.2 We do not assume liability in respect of the actions (negligent or otherwise) of Venue staff or any third parties which cause damage to you during the Tour. This includes damage to personal property, personal injury, and any sickness arising from the consumption of food or drink.

6.3 The Venues and items of food and drink are included on the Tour without any warranty by us as to availability or quality. In the event of non-availability of items of food and drink at a Venue, or the Venue itself, we will endeavour to provide a suitable alternative.

6.4 Information provided by us in accordance with Clause 2.1(d) above is provided to the best of our knowledge and for interest only. We make no warranties in respect of such information and do not assume any liability for your reliance on the same.

6.5 We will give you an indication of the location of the Venues and it is your responsibility to ensure your own mobility to participate in the Tour, including, without limitation, by wearing clothing and footwear which is appropriate to the amount of walking involved and the weather on the day of the Tour.

6.6 We will give you details of the method of transmission of virtual Tours (whether by Zoom or otherwise). It is your sole responsibility to ensure that you have adequate information technology software and hardware to participate in virtual Tours.

6.7 We will not have any liability to you in respect of or arising out of loss of profit, special, indirect, or consequential damages suffered by you in connection with the Tour.

7. ADDITIONAL TERMS

Additional notices or terms, may apply to the provision of our services on the Tour insofar as such notice or terms are made available to you (whether directly, or on the Website) on or before the completion of the payment process in accordance with Clause 3 above.

8. VARIATION AND SEVERANCE

8.1 We reserve the right to make changes to the Website, our policies, and these Terms and Conditions at any time. You will be subject to the terms and conditions and policies in force at the time of completion of the payment process in accordance with Clause 3 above, subject to changes required to be made by law or government authority.

8.2 If any part of these Terms and Conditions is determined to be invalid or unenforceable at law, then the invalid or unenforceable provision will, to the fullest extent legally permitted, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions will continue to be in effect.

9. WAIVER

No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

10. GOVERNING LAW AND JURISDICTION

10.1 These Terms and Conditions are governed by and construed in accordance with the laws of England.

10.2 Any claims (whether contractual or non-contractual) arising out of these Terms and Conditions, a Tour, or our services, will be subject to the exclusive jurisdiction of the courts of England.