GUINNESS OPEN GATE BREWERY LONDON VISITOR TOUR BOOKING TERMS & CONDITIONS

These Terms

1. These terms and conditions (the Terms) set out the basis on which you can purchase your tickets to any Guinness Open Gate Brewery London tour, and attend such tour and Our venue. These Terms incorporate and should be read in accordance with any venue rules put in place by Guinness Open Gate Brewery London from time to time, copies of which (if any) are available on request. These Terms contain important information about Our venue and your purchase, so please read them carefully prior to purchase. Purchase of tickets and/or attendance of any tour constitutes acceptance of these Terms. The management reserves the right at all times to refuse admission to Our Venue and any tour.

2. By purchasing tickets for Guinness Open Gate Brewery London, you acknowledge that you have read and agree to be bound by and subject to the Terms and have read and agree to the use of the information you provide us with.

3. In these Terms, references to "we", "us" and "our" means Diageo Great Britain Limited, a company registered in England and Wales with company number 00507652. References to “you” means the purchaser of any ticket(s) and/or any ticketholder attending a tour at our venue (as the context requires). References to a “booking” means a booking for tickets to a Guinness Open Gate Brewery London tour, and includes any Product (as defined below) included in the relevant order made for such booking (as the context requires).

Purchasing Tickets and Products

4. A booking must be made by a person aged 18 years or over and persons under the age of 18 are not permitted on any ticketed tour. These age restrictions apply to all ticket types. Please check carefully before you book and when attending the venue, please carry photographic proof of age. We reserve the right to refuse entry to any visitor not able to produce valid ID. You may also have the ability to purchase certain Guinness Open Gate Brewery London related merchandise (“Products”) in connection with any booking.

5. All prices are quoted in £GBP and include VAT at the applicable rate. Whilst we reserve the right to increase or decrease our prices at any time before you book, once your booking is confirmed, the price of your booking as stated in the confirmation email will not be altered.

6. A booking is not complete until we have confirmed the booking in the manner set out in paragraph 11 below. We try to ensure all prices are accurate but errors may occur. If we discover an error in the price of the tickets or Products that you have ordered, we will inform you as soon as possible and we may either cancel the booking (in which case you will be refunded the ticket price and/or the relevant Product price (where applicable)), or give you the option of confirming your booking at the correct price.

7. Tickets may be restricted to a maximum number per person. Any such restriction shall be notified to you at the time you book the tickets. We reserve the right to cancel tickets purchased in excess of this number (in which case you will be refunded the price of such excess tickets).

8. Before you finalise your booking, please read all the information that applies to the ticket and/or applicable Product(s).

9. If you or any member of your party has any special requests/requirements to facilitate your/their participation in the tour, please raise these when completing your booking and we will endeavour to take such steps as are reasonable and practicable in the specific circumstances to address any reasonable requests/requirements. In particular, we note that each tour involves up to 30 minutes of standing in, and walking through, various venue spaces before a seated portion of the tour occurs. Accordingly, when finalising your booking, you should notify us of any expected persons in your booking group who may have mobility limitations which might make standing and/or moving for such period of time difficult, so that we can try to accommodate any such limitations. There is no guarantee that any specific request/requirement(s) can be met, either in part or in full, particularly where accommodating such requests would not be reasonable or practicable.

10. The Guinness Open Gate Brewery London is an accessible venue. However, due to certain features of the tour spaces, there are limitations on the number of persons we can safely and comfortably accommodate on each tour. In particular, due to the nature of the tour spaces, we are likely only able to safely and comfortably accommodate one wheelchair user per tour group. When submitting your booking, you must notify us of any persons in your expected booking group that have accessibility requirements. This is so that we can appropriately manage the composition of the tour group to ensure the safety and comfort of all tour users. If you fail to notify us of any accessibility requirements which, if had been notified, would require us to amend the composition of the tour group for safety and comfort reasons, we reserve the right to, cancel or otherwise delay (to a different date and/or time) any number of your tickets to ensure the tour group composition is suitable for safety and comfort purposes. In each case, any delay and/or cancellation shall be at our discretion and subject to availability of future tours.

Ticket and Product Delivery and Collection

11. Once you have completed your booking: (i) in the case of an in-person booking, you will be provided with a physical ticket for your tour and receipt, and (ii) in the case of an online booking, you will be directed to a booking confirmation webpage where we confirm the details of your booking. You will be able to electronically access and download your tickets from this confirmation webpage. In the case of an online booking, you will also receive an email from Guinness Open Gate Brewery London to acknowledge that your booking has been confirmed, and which provides you with electronic access to your tickets, and details of the booking (including any Products purchased) (“Confirmation Email”). When you receive your booking confirmations and/or tickets referred to above, check the details carefully and advise us immediately of any errors. Mistakes made by you when ordering cannot always be corrected after purchase and any corrections will be made at our discretion.

12. You should receive one ticket for each individual included on the booking. Tickets are non-transferable. You and your party must not re-sell or transfer (or seek to re-sell or transfer) any booking or tickets. A breach of this condition will entitle us to cancel the tickets without prior notification, refund, compensation or liability. Duplicate tickets will not be issued to replace tickets that have been lost, stolen or destroyed. Lost, stolen or destroyed tickets will not be refunded. If you haven’t received your tickets following completion of your booking and payment, please contact us at info@guinnessopengatelondon.com.

13. Any Products which are purchased in connection with your booking may be collected from us at the Guinness Open Gate Brewery London venue at the time of your tour. You will be required to show your Confirmation Email and/or receipt as a proof of purchase for the relevant Products before we provide these to you. We shall not be required to provide you with any Products where you are unable to provide the Confirmation Email and/or receipt as evidence of purchase. Your Product will be held for 14 days after your experience, should you forget to collect on the day. If you haven’t collected the Product after 14 days your payment will be refunded to your card, except in relation to engraved and/or personalised Products, which may be destroyed after 14 days following the relevant collection date. If for any reason a Product you have ordered in your booking in not in stock and/or is unavailable for collection at the time of your tour, we will refund the price of any such Product to the original payment method, or to another electronic payment card in our discretion.

14. Once you have collected your Products, the ownership and risk in the Products passes to you and the Products are classed as having been ‘delivered’. This means that you are responsible for the Products and we are not liable to you if the Products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the Products are faulty or misdescribed.

15. The following terms apply to the purchase of engraved or personalised Products.

16. All messages must be suitable. We allow a maximum 30 characters to be engraved for glassware. No logos, emblems or other designs are permitted. No offensive, indecent, racially or otherwise provocative, abusive, immoral words or contents are allowed.

17. Our staff reserve the right to refuse to process any order which contains content which may in our view cause offence, sensitivity or possible distress to others.

18. We reserve the right to refuse to accept, or cancel any Product order which contains brand names, company names or other third party brand names unless you provide adequate evidence to us that you have authorisation to use these or if we believe your order is for commercial use. We may require a written indemnity in these cases.

19. The decision of Guinness Open Gate Brewery London is final and binding in all aspects.

20. Please note that any “online discounts” are only available for engraved or personalised Products purchased on the Guinness Open Gate Brewery London website.

21. Any applicable Product should be collected on the selected tour date. Uncollected Products may be destroyed after 14 days from the stated collection date. No refunds are possible in this case.

22. Your Confirmation Email and/or receipt may be required at the collection point for any personalised or engraved Products.

Attending the Venue

23. A valid ticket must be produced to access the venue and any tour. Removing any part of, altering or defacing the ticket may invalidate your ticket. We reserve the right to conduct security searches on entry and confiscate any item which, in our reasonable opinion, may cause danger or disruption to other visitors or any other persons and/or the venue. Any refusal may result in entry to the venue being refused.

24. Whilst attending the venue, you must at all times comply with all safety announcements, venue rules and directions given by our staff and security personnel from time to time. Tours are immersive and contain audio-visual effects such as theatrical lighting and projection effects. If you have any concerns about this, please mention this to your tour guide who will assist in making adaptions to your tour. Except where directed by us, you are welcome to take photos throughout your tour, but we ask no flash photography. Filming with the use of tripods and other specialist photographic equipment (such as drones) is not permitted across the site.

25. We reserve the right to refuse admission or require you (and other members of your group) to leave the venue, including for health and safety reasons, if you breach any of these Terms or any rules that are in place at the venue, if you are involved in any abusive, threatening, drunken or other anti-social behaviour including, without limitation, behaviour which in our opinion has, or is likely to affect the safety or enjoyment of other visitors, cause annoyance to other visitors, or is likely to cause danger or distress to others or damage the property, if you are acting under the influence of alcohol or under the influence of or carrying any illegal or prohibited substances, or if you make unauthorised audio, video or photographic recordings. No refunds will be given to persons who are refused entry or who are required to leave due to their own behaviour as indicated in, but not limited to, the examples above.

26. In addition to the foregoing, where a person has caused any damage, such person must meet any expenses incurred as a result of such behaviour. We reserve the right to prosecute any persons found damaging or defacing any part of the venue.

27. Smoking and vaping are strictly prohibited on any ticketed tour, and within the venue.

28. Pets or animals (with the exception of guide dogs and hearing dogs) are expressly prohibited within our venue.

29. You should arrive at the venue 15 minutes prior to the start of your allotted tour time-slot. You are responsible for ensuring that you allow sufficient time for arrival at the venue. We shall not be liable to you if you miss your ticketed time slot. If you are late or you miss your allotted tour time, it is very unlikely that we will be able to reallocate you or your party to another slot and, for the avoidance of doubt, we are in no circumstances obliged to do so. Consequently, you may be refused entry to the relevant tour. No refunds will be given to persons who arrive after their allotted tour time-slot.

30. From time to time we, or other authorised third parties, may carry out photography or other recordings at the venue and any images or recordings may feature visitors. You consent to such photography/filming and the use of such images by us in any media in connection with advertising or promotions and acknowledge that the copyright in such images rests with us and/or any authorised third party.

31. CCTV may be in operation at the venue for the purposes of safety and security including the detection and prevention of crime. Cameras may be brought into the venue for private purposes only, however, the use of photographic and recording equipment may be prohibited in certain areas within the venue. We shall notify you of such restrictions prior to entering such areas. We reserve the right to confiscate and destroy unauthorised recordings, films or similar items. We will not be liable for any loss, theft, or damage to confiscated items.

32. Please wear appropriate clothing and footwear on all tours and in the retail and bar areas. ‘Closed toe’ footwear is required on all tours. Any visitor dressed inappropriately or insensitively to other visitors or Our staff will be asked to leave. You should take care of any personal property that you may bring with you and in no circumstances should you leave it unattended. We accept no responsibility for personal property or clothing/footwear worn at the venue.

33. Please stay with your tour group and follow the instructions of your guide at all times. Do not touch any equipment unless invited to do so by your guide.

Cancelled Tours / Refunds

Refunds and Cancellations for Tours

34. No refunds will be provided for tour tickets, except as specifically set out in these Terms.

35. Requests to exchange tickets for an alternative date/time are at our absolute discretion and will be subject to availability of future tours. Such requests can only be considered if we receive notice at least 72 hours before the scheduled date and time of your visit. If you purchased your tickets via our website, please email us with your request using the contact details set out on the website.

36. We may cancel a ticketed tour for operational reasons or for causes beyond our control. It is your responsibility to check that the tour you booked is going ahead at the scheduled date and time and you must advise your party of any changes. We will notify you as soon as possible (using the email address you provided) where we have cancelled an tour.

37. If a tour is cancelled by us, you shall be entitled to a refund from us for the cost of your tickets to such tour, and any Products you had purchased in connection with the relevant booking.

38. Refunds shall only be made to the person who purchased the tickets and, when possible, be made using the same method as was used to purchase the tickets except, at our discretion, where payment was made by cash.

39. Personal arrangements including travel, accommodation or hospitality relating to your visit to our site are at your own risk. We shall not be responsible for any costs or expenses relating to any other services that you may have arranged.

Refunds for Purchased Products Once Collected

40. When you buy goods from a business, you have a number of statutory rights as a consumer. These include the right to claim a refund, replacement, repair and/or compensation where the goods are faulty or misdescribed, subject to certain limitations.

41. In addition to your statutory rights, we also permit refunds and exchanges for purchased Products you have purchased and collected from us when you attend your tour. Products can be refunded or exchanged within 28 days of collection, with proof of purchase. Except where faulty, we do not accept refunds or exchanges for any personalised Products. Any Product being refunded or exchanged must be unworn, unused, and/or in its original condition at the time of return. Returns which do not meet these requirements may be rejected, with all or part of the original price paid withheld.

STOUTie Programme

42. The following terms apply to our STOUTie programme, which will be accessible to you during the tour.

43. You consent to your picture and images being taken, processed and used under this programme and you agree to adhere to all directions and instructions of our Staff in the STOUTie programme.

44. A maximum of three (3) persons can appear on one picture. All participants must be 18 years old or older and we may require proof of age.

45. All poses must be decent, and must not do anything that would harm or be likely to harm our reputation, or the reputation of our products or brands (or any products or brands owned by our group). No explicit, graphic, inappropriate, offensive or immoral gestures, signs or poses are allowed and participants must remain decently clothed at all times. Please do not request our staff to focus on any part of your anatomy (other than the face) or on any other objects.

46. Our staff may reject any request to include any possible third party intellectual property rights such as focusing on an emblem on your clothing. We will not print any content that infringes our intellectual property rights or trademarks. The decision of our staff is final for the terms in paragraphs 45 and 46.

47. Note that we do not store or keep your pictures and your pictures are deleted from the system as soon as practicable.

48. All pictures in the STOUTie program MUST have been taken and sent for processing by our staff.

49. All other Terms and venue rules will also apply, and our staff reserve the right to refuse to allow participation if they are of the view that any of the Terms or venue rules are or will be breached and refusal is at their complete discretion.

Limitation of Liability

50. We do not accept any liability for any losses or claims arising from any inability to access the website or any interruption or any failure to complete a transaction.

51. We do not accept any liability for loss or damage to personal property (including clothing and footwear) or the acts or omissions of third parties. However, we do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or breach of duty or the negligence or breach of duty of our employees, for fraud or fraudulent misrepresentation or in any other way where it would be unlawful to exclude or limit liability.

52. If we fail to comply with these Terms or fail to use reasonable care and skill in providing tickets and/or any Product, we are responsible for loss or damage you suffer that is a foreseeable result of our failure, but we are not responsible for any loss or damage that is not foreseeable or for any business losses set out in paragraph 53. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the tickets and/or Products were purchased, both we and you knew it might happen.

53. If you are a business, we are not liable for business losses. Subject to paragraph 52, we will have no liability to you (whether in contract, delict (including negligence), tort (including negligence) or otherwise) for any loss of profit, loss of business, business interruption, or loss of business opportunity (in each case whether such loss is direct or indirect).

54. We are not liable for any losses not caused by any breach on our part. We are not responsible for any delay in, or failure of, performance of our obligations under these Terms arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data), epidemic/pandemic (and related lockdowns, business closures and restrictions on movement, whether government-mandated or voluntarily determined by us), government actions and measures, and industrial action.

Other Important Information

55. Any ticket obtained in breach of these Terms shall be void and any person holding such a ticket shall be refused entry without refund or compensation.

56. We will process the personal data collected in connection with your booking in accordance with the Diageo Privacy and Cookie notice. For further information on how we use and manage any collected data, please refer to the Diageo Privacy Centre at https://www.diageoprivacycentre.com/en-gb.

57. You accept full responsibility for all contact information associated with your booking and must ensure it is kept up-to-date. You must notify us if you wish to change the contact details relating to your booking. We accept no responsibility for information not received by you due to out of date contact information. Please be aware that your email filter settings may treat our emails as spam or direct them to your junk folder.

58. Ownership or possession of a ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trade marks, logos and/or intellectual property appearing on the ticket.

59. If we delay or fail to enforce any of these Terms it shall not mean that we have waived our right to do so.

60. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

61. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and will ensure that the transfer will not adversely affect your rights under the contract.

62. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

63. This contract amounts to the entire understanding between you and us in relation to your booking and it will not be modified unless we both agree.

Laws and Disputes

64. These Terms are governed by the laws of England. Any claims or disputes arising from, or in connection with these Terms will be subject to the non-exclusive jurisdiction of the courts of England, except where you are a business or corporate body (rather than an individual), in which case the courts of England shall have exclusive jurisdiction to settle any such claim or dispute.

65. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution.