Terms & Conditions

WEBSITE & DISTILLERY TOUR TERMS AND CONDITIONS

Terms & Conditions of Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of this website and any and all other online or digital platforms (including without limitation mobile and other applications, such as Facebook apps) which are maintained by CVH Spirits Limited (our “Website”, “Site”). Please read these terms of use carefully before you start to use our Site.

This Site is maintained by CVH Spirits Limited (“we” or “us”) for the personal use, of persons who are lawfully permitted to purchase and consume alcoholic beverages, in countries and other territories where the sale, advertising and consumption of alcoholic beverages is lawful. By using our Site, you indicate that you accept these terms of use and that you agree to abide by them.

Please exit our Site immediately if you do not accept these terms of use, if you are not of legal age for consuming alcoholic beverages in the country or other territory in which you are located, or if you are accessing our Site in a country or other territory where use of our Site is not permitted.

Content is to be shared with those over the legal drinking age only.

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

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

Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those Sites or resources.

Intellectual Property Rights

All intellectual property and database rights, in our Site, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by us, our subsidiaries, affiliates companies and/or any of our partners (“the Owners”). The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site.

We reserve the right to copy protect any of the Materials on our Site. Except as provided in these terms and conditions, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site. Provided that you are located in a country or other territory where the sale, advertising and consumption of alcoholic beverages is permitted AND you have an age at which it is legal to purchase and consume alcoholic beverages (“Legal Drinking Age”) in the country or other territory in which you are located, you may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use. Unless otherwise specifically authorised by us (by way of example only, explicit instructions such as “Click Here to Enlarge this Image”) you must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. All other copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of our Site or the Materials on our Site is prohibited and may breach intellectual property laws and other laws worldwide.

The status of the relevant Owners (and that of any identified contributors) as the holders of rights in the Materials published on our Site must always be acknowledged.

You must not use any part of the Materials on our Site for commercial purposes without obtaining a licence to do so from us and/or, where applicable, from the relevant Owner.

If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the Materials you have made.

Acceptable Use

You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards below.
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).

Interactive Services

We may from time to time provide interactive services on our Site including, without limitation, chat rooms and forums, bulletin boards, image upload features and interactive drinks functionality. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).

We will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Uploading Material To Our Site

Any material you upload to our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the content standards below.

Content Standards

Any and all material which you contribute to our Site must comply with the spirit of the following Content Standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Your contributions must:

Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK, the US and in any country from which they are posted.

Your contributions must not:

Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Contain sexually explicit material.
Harm, or attempt to harm, minors in any way.
Encourage, condone, promote or glamourise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
Be targeted at an under legal drinking age audience.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right, trade mark or other proprietary right of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal or immoral activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Our Liability

The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, we and all other members of the CVH Group of Companies and our affiliates (the “CVH Group”) hereby expressly exclude and disclaim:

Because some jurisdictions do not allow the exclusion or limitation of liability or damages, the CVH Group’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.

All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity.

Information About You and Your Visits to Our Site and Events

Your privacy is important to us. We process information about you in accordance with our Privacy Policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

CVH Group may organise events in your country. We reserve the right to collect still and moving images at those events and to publish them on this Site and other websites operated by us for information purposes about our brands’ marketing activities. By accepting to be our guest at any such event, you also consent to being photographed and filmed during your attendance and grant us the right to publish your images on this Site and other websites for editorial purposes throughout the world in perpetuity without limitations and without any compensation. If your image is published on this Site or any of our websites and you disagree with its use, please ask us to remove it by writing to our Data Privacy Officer at data.privacy@cvhspirits.com.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Indemnity

You will indemnify the CVH Group against any loss, damage or cost incurred by us arising out of your use of our Site, any of its services or any information accessible over or through our Site, including information obtained from linked sites, our submission or transmission of information or material on or through our Site or your violation of these terms of use or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence and infringement of any intellectual property right). We reserve the right exclusively to defend and control any claims arising from the above and you will fully cooperate with us in any such defenses.

Entire Agreement

These terms of use, including our Privacy Policy and Cookie Policy constitute the entire agreement between you and us in relation to your use of our Site. To the extent that software or other downloadable technology is expressly made available to you through the Site, such software may be subject to a licence agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such licence agreements. If any provision of these terms of use is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect.

Jurisdiction and Applicable Law

These terms are governed by English law and the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country.

Variations

We may revise these terms of use at any time by amending this page. Each time you use this Site, the current version of the Terms and Conditions will apply. Accordingly, when you use the Site, you should check the date of the Terms and Conditions (which appears at the bottom right hand corner) and review any changes since the last version. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

Your Concerns

If you have any concerns about material which appears on our Site, please contact in writing the Legal Department at legal@cvhspirits.com.

DISTILLERY TOUR BOOKING TERMS & CONDITIONS

General

Tours at Tobermory Distillery, Ledaig, Tobermory, Isle of Mull, PA75 6NR are operated by CVH Spirits Limited (a company incorporated in Scotland, under No: SC109881 with its registered office at 8 Milton Road, College Milton North, East Kilbride, G74 5BU) ('us', 'we' or the 'Company'). For the avoidance of doubt, ‘written’ or ‘in writing’ shall, where used in these terms and conditions, include email. Please read these terms and conditions carefully and contact us if you have any queries.

The following Booking Terms and Conditions, as well as any information contained in the booking form or tickets provided to you, apply to all bookings for Tours at the Distillery. They shall be deemed to commence upon booking ticket(s) for a Tour.

None of these terms and conditions are intended to contravene or contradict the Consumer Rights Act 2015 and your statutory rights under any such legislation are not affected.

Online Bookings

We endeavour to ensure that the information and prices, which are inclusive of any applicable taxes, on our website are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances.

Once full payment is made, you will be allocated a place(s) on your chosen Experience and a booking confirmation will be emailed to you. We accept no responsibility for the incorrect inputting of an email address on the booking form, so if you do not receive email confirmation of your booking, please contact us. Upon receipt of the booking confirmation email, it is your responsibility to check the accuracy of dates booked.

Once purchased online, tickets may not be used in conjunction with any other offer. No ticket may be re-sold.

Any discounts or offers online are available for limited quantities and periods only and shall not be available on bookings made by phone or in person.

Please ensure you bring your booking reference number with you.

Walk In Bookings

Tours need not be pre-booked, however we recommend that reservations are made at busy times, especially weekends, bank holidays and in peak season as well as for group bookings. Walk-in visitor Tour spaces operate on a first come first served basis. We cannot guarantee that such places will be available at all times.

Group Bookings

Tours are strictly limited to a maximum of 16 persons. Group numbers exceeding our maximum Tour size will need to be split into smaller groups, with a 15-minute interval between each Tour start time. We cannot guarantee the availability of Tour guides for walk-in visitors, especially for large parties.

If a group is formed by persons under the age of 18, e.g. school groups, no alcohol will be sold to any person within the group. This includes teachers, lead guides, drivers etc., even if half of them are over the age of 18, sales of alcohol will not be allowed to any member of the group.

A 50% non-refundable deposit is required to guarantee the booking. Payment should be made via a debit/credit card by phoning the Visitor Centre.

Invoicing of group bookings will only be available for those customers that have an account with us. Accounts will only be provided to companies that bring customers to us on a regular basis and have done so for more than a year.

Booking Process

Bookings can be made via our website, by telephone, in person at the visitor centre or by contacting us by email.

You should check the current price and all other details relating to the arrangements that you wish to book before your booking request is made. All Tours are sold subject to availability.

Your booking is not confirmed until we have issued your booking confirmation. At that point a binding contract will be entered into between us.

Tours are not wheelchair accessible. If you have any requirements for special assistance, please contact the visitor centre in advance to ensure we can receive you so that you get the best possible experience.

The date and time of your Tour will be clearly stated on your booking confirmation and we request that you arrive in good time for your Tour, e.g. 10-15 minutes before your start time. Tours start at 1-hour intervals from each other and it is important that they are able to begin promptly at the stated time.

If you arrive after your designated Tour has commenced, you may not be able to take part without disrupting others. We will do our best to accommodate you with the next available Tour during that day, particularly if you have come a long distance, however, demand may be high, especially in peak season, and we cannot guarantee that there will be spaces available. Unfortunately we are unable to refund tickets where no suitable alternative time is available.

Language

Our Tours are in English only. If a member of staff speaks the language requested, we will assist where available. However this cannot be guaranteed. If a group requires translation we recommend that they bring their own translator. If the group size exceeds our maximum Tour size, then you will need to ensure you have enough translators for each group.

All Tour visitors should remain together whilst on the Tour and within the restricted Tour area.

Footwear

Sensible footwear is required. High heels, flip-flops etc., are not allowed on the Tour. If at the time of your arrival you are not wearing sensible footwear, you will not be allowed to go on the Tour and your will not be entitled to any refund or compensation.

Changes/Cancellation by Us

While the Company shall do everything reasonably possible to provide your Tour as planned, the Company reserves the right to cancel Tours under exceptional circumstances, such as weather, acts of God and events outwith our control. In such cases, you will be promptly informed and offered:

to take an alternative Tour of equivalent or superior quality, if we are able to offer that, or
to take a substitute Tour of lower quality if we are able to offer that (in which event the difference in price between the original and the substitute Tour will be refunded to you); or
to cancel your booking and obtain a full refund of all monies paid by you.

On certain days or at certain times, some parts of the Distillery may be closed, e.g. for cleaning, maintenance etc. The Distillery may not be fully operational during silent season, although Tours will still be in operation. Bookings will not be refunded and no compensation will be paid for Tours during this time.

Changes/Cancellation by You

Individual bookings (1 to 7 people)

If you wish to cancel or change your booking after our booking confirmation has been issued, you should contact us as soon as possible during operational hours.

Whilst we will do our best to assist you, we cannot guarantee that we will be able to meet your request.

Cancellation of group bookings (16 people or more)

If you wish to cancel or change your booking after our booking confirmation has been issued, you should contact us as soon as possible during operational hours. In the event of cancellation by you, cancellation charges may be payable, as set out below:

The 50% deposit already paid is non-refundable unless Deanston Distillery is able to resell the paid tickets.
There will be no charge for cancellation of up to 5 individuals on the day of arrival and the transaction will be amended at the till.
In the event of a ‘no show’ you will be liable for the full cost of the booking.

Cancellations of groups bookings (8 to 16 people)

The 50% deposit already paid is non-refundable unless Deanston Distillery is able to resell the paid tickets.
There will be no charge for cancellation of up to 3 individuals on the day of arrival and the transaction will be amended at the till.
In the event of a ‘no show’ you will be liable for the full cost of the booking.

Refusal of Entry

The Company reserves the right to refuse entry to any individual whose conduct or manner is likely to cause offence or upset to other Tour attendees. The Company also reserves the right to refuse entry to any person who has any disability or medical problem which may affect their ability to take the Tour.

In either of the cases mentioned above, full cancellation charges shall be applied by the Company and the Company shall have no further liability to that individual or to any person travelling with them.

Health & Safety

The Distillery is a controlled working and manufacturing environment and you should exercise due care and attention on the Tour. Anyone undertaking the Tour must wear sensible footwear. There are griddled floors around the distillery and high heels are not allowed due to health and safety risks. Distillery staff may draw your attention to specific health & safety procedures, which you must adhere to. If the fire alarm sounds during your Tour, the Tour guide will direct you to the nearest exit and muster point.

Children and Young Persons

Anyone under the age of 18 must be accompanied by an adult at all times, whilst on the premises. Anyone who appears to be under the age of 25 may be asked to present a valid photo ID or passport as proof of age in order to taste or purchase any alcohol, in terms of the Licensing (Scotland) Act 2005.

Children under the age of 8 are welcome in the Visitor Centre, but are not permitted inside production areas of the Distillery.

Visitor Conduct

Smoking (including e-cigarettes) is not permitted within any of our buildings. There are dedicated smoking areas located outside.

Food and drink is also not allowed during the Tour and anyone found to be eating or drinking will be removed from the Tour and taken back to the visitor centre. No refund will be given in this instance.

No pets or animals are allowed on Tours. However, assisted dogs, e.g. guide and hearing dogs, are allowed within the visitor centre shop and café.

We reserve the right to remove anyone from the distillery if their behaviour is considered likely to cause offence, put staff or other visitors at risk, or create a nuisance to other visitors or staff.

Photography

For safety reasons, flash photography is strictly prohibited within the distillery. Non-flash photography and video can be taken in all parts of the distillery, apart from the Still House, although there will be a photo opportunity when leaving the room and you should follow the instructions of your Tour guide.

From time to time we or other authorised third parties may carry out photography or other recording at the distillery and any images or recordings may feature visitors. Visitors consent to the use of such images by us in connection with advertising, promotions or monitoring and acknowledge that the copyright of such images rests with us and/or any authorised third party of Distell International Limited.

Complaints

We actively welcome your feedback of our services. In the event that you have any complaint during the course of your Tour then please bring this to the attention of your guide as soon as possible, and we will endeavour to resolve the matter to your satisfaction.

If your complaint is not resolved locally and you wish to complain further then please contact us by email providing all relevant information necessary to enable us to consider your complaint. We would request that any complaints be raised with us within 28 days of the end of your Tour, as otherwise our ability to investigate the complaint properly may be affected.

Data Protection

In order to process your booking, we will need to use the personal information which you provide to us (such as your name, address, contact details, any special requirements etc). We may also use the information provided to keep in touch with you and to advise you of the Distillery’s products and services (including special offers) from time to time. We will not, however, pass your information on to anyone who is not involved in providing (or arranging the provision of) any product or service related to your booking. We recommend that you review our Privacy Policy for further information on how we process personal data and your rights in relation thereto.

Force Majeure

Unless expressly stated otherwise in these terms and conditions, we will not have any liability to you if we are prevented from fulfilling our contractual obligations to you as a result of any event which is out with our control. Such events may include (but are not limited to) war or threat of war; terrorist activity or the threat of terrorist activity; civil commotion or riot; any action taken by a governmental or public authority; industrial disputes; collapse of buildings, fire, explosion or accident; traffic or road conditions or road closures; technical or mechanical breakdown; adverse weather conditions; natural disasters and all similar events or circumstances.

Enforceability of Terms

If any provision of these terms and conditions is found to be illegal or unenforceable, that shall not affect the validity and enforceability of the remainder of these terms and conditions.

Our Liability to You

If you suffer losses as a result of a breach by us of these terms, our liability is strictly limited to the purchase price of the Tour. We are not responsible for any loss of profit, loss of business, loss of goodwill, or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise in connection with the Tour.

Contact Us

Address: Tobermory Distillery, Ledaig, Tobermory, Isle of Mull, PA75 6NR

Owner: CVH Spirits Limited

Phone: +44 (0) 1786 843 010

Email: info@tobermory.com