THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS ON WHICH INDULGE FOOD LLC (HEREINAFTER “US“, “WE“, “OUR“) PROVIDES YOU (“YOU“, “YOUR“, “USER“) WITH ACCESS TO AND USE OF THE WEBSITE LOCATED AT indulge-food.com AND indulge-food.ch (“WEBSITE“) TO MAKE BOOKINGS FOR OUR FOOD TOURS. PLEASE READ THESE TERMS CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OUR WEBSITE OR TICKING THE “I ACCEPT ALL TERMS AND CONDITIONS” BOX, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO BOOK ANY OF OUR TOURS AND SHOULD NOT ATTEMPT TO USE THE WEBSITE.
1. ABOUT US
1.1 INDULGE FOOD LLC (INDULGE FOOD GmbH) is a limited liability company with its registered office in Richterswil (Switzerland).
1.2 The website is owned and managed by INDULGE FOOD LLC, trading as INDULGE.
1.3 We can be contacted by e-mail at contact@indulge-food.com or via the “contact” section of the website.
2. Use of and Access to the website
2.1 The information contained in this website has been prepared solely for the purpose of providing information about the various food tours offered on our website from time to time (hereinafter “food tours“) and making online bookings for our food tours and must not be used for any other purpose.
2.2 By using the website, you warrant that:
- you are legally capable of entering into binding contracts;
- you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these terms; and
- you are at least 18 years old. If you are under the age of 18, you must ask a parent or guardian over the age of 18 to enter into these terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person’s use of the service is at all times in accordance with these terms.
2.3 You will only use this website for personal private use.
2.4 By accessing the website, you will be assuming all risks associated with its use, including risk of your computer, software or data being damaged by any virus which might be transmitted or activated via our website or your access to it.
2.5 Availability of the website may be impaired by conditions or circumstances that are beyond our control, including, without limitation, third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionality of your personal computer operating system.
2.6 We rely on third party providers (such as network providers, data centers and telecommunication providers) to make the website and the content therein available to you. While we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not promise that the website shall be uninterrupted or fault-free at all times. We shall not be liable in any way for any losses you may suffer as a result of delays or failures of the website.
2.7 We shall be entitled at our own discretion to suspend the website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the website.
3. Orders and Payment
3.1 The published price for participation in our Food Tours (“price“) includes any applicable taxes, but is exclusive of any fees collected by payment system and credit card providers etc. All prices are in Swiss Francs (CHF).
3.2 If you have a promotional or discount code (“code“), you may enter it on the relevant page of the website prior to payment. We do not warrant or provide any guarantees that your code will be accepted by the website. If your code is accepted by the website, the price will be adjusted accordingly. A code can only be accepted at the time an order is made and cannot be applied retrospectively.
3.3 Due to the nature of the business, you acknowledge and agree that the price may be subject to change and variation from time to time. Any changes in the price shall not be applicable to you once you have received order confirmation from us, except in the case of an obvious error.
3.4 In order to book one of our tours, you shall be required to follow the process on our website and complete the relevant details and provide the information we require to confirm the booking or your selected food tour via the website (“order“). Group bookings shall be treated the same as individual bookings. You will be asked to provide customary billing and contact information such as name, mobile phone number, e-mail address, billing address and credit card information either to us or our payment processor. You agree to pay for your order by one of the methods described on the website. You hereby authorize the collection of such amounts using the method selected by you through the website, either directly by us or indirectly, via our payment processor. If you are directed to our payment processor, you may be subject to terms and conditions governing use of their service. Please review such terms and conditions before using the processing services.
3.5 Your order constitutes an offer to us to book a food tour for the price set forth on our website. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail (“order confirmation“). The contract between us will only be formed when we send you the order confirmation (“contract“).
3.6 It is your responsibility to check the order confirmations that are subject to your order, and we are under no obligation to rectify any mistakes once the contract has been formed in accordance with clause 5 above.
3.7 We will not be responsible for any order confirmations that are lost, stolen, destroyed or deleted from your electronic device. Order confirmations are e-mailed to the address you supply to us at the time of placing an order. You are responsible for ensuring your e-mail address provided to us through our website (or by any other means of communication) is accurate. We are not responsible for order confirmations sent to incorrect e-mail addresses input by you.
4. Delivery
Order confirmations will be supplied by email. It is your responsibility to print the order confirmation prior to the date of the food tour or show valid order confirmations on your mobile device. You may not be admitted to the food tour without presenting a valid order confirmation. We shall not be liable for any failure by you to print or show valid order confirmations at the start of a food tour.
5. Cancellation and Refund policy
5.1 You are entitled to cancel an order even after it has been accepted by us, but in no event later than 48 hours prior to the start of the food tour (hereinafter “cancellation deadline“) as set forth on our website. After the cancellation deadline has passed, you will not be able to cancel an order after it has been accepted by us, nor are you entitled to a refund for any food tour booked by you, even if you are unable to attend the food tour. However, you may transfer your participation right to the food tour to another person subject to prior written notification to us (see clause 5.5 below).
5.2 We are also entitled to cancel or reschedule an order even after it has been accepted by us, for instance if the minimum number of participants for a food tour is not reached. We will do our best to notify you about the cancellation or rescheduling of a food tour in due time, in any case at least 12 hours prior to the start of the food tour. We reserve the right to cancel a tour at any time for events beyond our control (see clause 11 below). If the food tour is cancelled by us, you will be entitled to a refund of the price, less any postage and/or card charges. Cancellations may inter alia occur if the minimum number of participants is not reached by a certain deadline. Refunds for cancelled food tours will be made within 15 days from the date of the food tour.
5.3 If a food tour is rescheduled, you shall have the choice to either participate in the rescheduled food tour or to decline such participation for the rescheduled food tour and to claim a refund.
5.4 We will notify you if the food tour booked by you is cancelled or rescheduled, but you acknowledge and agree that it is your responsibility to ensure you have entered the correct contact details so we can notify you. We will not be liable for any losses you incur as a result of supplying us with incorrect contact details (e.g. e-mail address or mobile number).
5.5 Notwithstanding the provisions set forth above, we reserve the right to make alterations to your booking if necessary (e.g. we might change the venues visited during the tours, shift the time of departure or return, change the pick-up point, etc.). We will endeavor to make sure that changes are not substantial and we will advise you in due time. In case we change the time of departure or return by more than 1 hour or in case of any other substantial change to the food tour, you shall have the right to cancel the food tour and to claim a refund as set forth in clause 5.3 above.
5.6 There will be no refund for lost, stolen or deleted order confirmations.
5.7 All participation rights to any food tour are transferable upon prior written notification to us.
6. Conduct on a Tour
6.1 Our tours may include admissions to third party venues, including restaurants, bars, food courts and drinking venues (“venue“). You shall comply with all policies, procedures and safety announcements in force on the tour and at any venue, including any security procedures in place from time to time. We shall not be liable for any loss or injury suffered by you caused by a venue.
6.2 It is your responsibility to notify us in advance of any allergies or dietary requirements at the time of booking or at least 12 hours prior to the start of the food tour. In some cases, we are able to accommodate food allergies or restrictions. If a substitution is not available for that particular tasting item, you agree that you acknowledge and understand and that it is your personal consent to try them or not.
6.3 You are responsible for arranging all transportation to and from the food tour.
6.4 We reserve the right to refuse you admission without refund to any food tour or eject you from a food tour on account of your late arrival, being (or appearing to be) under any specified age, abusive, threatening, drunken or other antisocial behavior (including smoking in no smoking areas), carrying offensive weapons or illegal substances, or making unauthorized audio, video or photographic recordings.
6.5 Minor Customers must be accompanied by a person having the power of representation. Disabled participants who need assistance for participating in any food tour are requested to organize such assistance themselves. Pets are not allowed on our tours. Participants undertake to strictly comply with these terms and conditions, the terms and conditions of third-party providers, the instructions of us and our tour guides, of third-party providers, of support staff and rescue staff.
6.6 If you are not present in time at the departure respectively meeting point for the start of or during the food tour, we reserve the right to exclude you from the food tour after a waiting period of 5 minutes and to depart without you. In this case, you are neither entitled to a refund of the price nor may you claim any damages. Furthermore, you must pay for any additional costs (e.g. transportation back to the starting point) yourself.
6.7 To the extent we offer food tours in various countries, food and drink laws will differ from country to country. It is your sole responsibility to ensure you comply with local laws when on tours (e.g. legal drinking age etc.).
7. Disclaimer
7.1 We use reasonable endeavors to ensure that the information contained on the website is correct at the time of its publication. We reserve the right to make alterations to that information at any time.
7.2 All content published on the website is intended as information only and does not in any way constitute advice of any nature. Your use and reliance on the content made available on the website shall be at your own risk and we shall not be liable whatsoever for any loss which you may incur as a result of or in connection with your use and reliance of such content.
7.3 Links to third party websites may appear on our website. Such third party websites are not our responsibility and we accept no responsibility for the availability, suitability, reliability or content of such third party websites.
8. Intellectual Property
8.1 Unless otherwise expressly set out to the contrary, nothing in these Terms and Conditions shall serve to transfer from us to you, any intellectual property rights owned by and/or licensed to us (including content appearing on the website) and all rights, title and interest in and to such intellectual property rights will remain exclusively with us and/or our licensors.
8.2 You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the website;
- removing, modifying, altering or using any registered or unregistered marks/logos owned by or licensed to us; and
- doing anything which may be seen to take unfair advantage of the reputation and goodwill of the website or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us without first obtaining the written permission of the owner of such intellectual property rights.
8.3 You agree to grant to us an irrevocable royalty-free worldwide license to use photos and videos taken on food tours in which you may appear. We have the right to reproduce, distribute, broadcast, exhibit, edit, digitize or in any other way use the photos and videos by any means and in any form of media, whether existing now or created later, without restriction worldwide, by incorporating the videos and photos into our website, catalogs, books, brochures, magazines or any other publications, or any informational, commercial, promotional or advertising material (henceforth known collectively as the “works“). You agree that the company is and shall be the exclusive owner of all title, rights and interest in the photos, videos and the works, including all intellectual property rights.
9. Data Protection
We process your personal data in accordance with all applicable data protections laws, as set out in our Privacy Policy.
10. Limitation of Liability
10.1 You participate in any food tour at your own risk. Our liability is limited to the tour price as well as any direct damages that we caused to you willfully or grossly negligent. Our liability for slight negligence, assisting persons, substitutes as well as consequential damages, lost profit and any other loss or damage for which we do not expressly assume liability under these Terms and Conditions is excluded to the extent permitted by Swiss law.
10.2 We do not assume any liability in case of non-fulfillment of contractual obligations that results from omissions or contract violation by you. In case of a cancellation of a food tour, we are only liable for the refund of the tour price if no alternative tour is offered. We do not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, etc. as well as loss, theft, damage or misuse of checks and credit cards.
10.3 We do not assume any liability for the offers and services of third-party providers (e.g. owners of venues pursuant to clause 1 above) nor do we assume any liability for damages based on circumstances that are beyond our control pursuant to clause 11 below. You undertake to claim any damages directly from the third-party provider.
10.4 To the extent permitted by Swiss law, we shall not be liable for the consequences of any accident. We expect from you and any participant in a food tour a considerable degree of personal responsibility. You may only participate in activities that are compatible with your physical condition, in particular your health and physical efficiency. You are in particular solely responsible for an adequate equipment (clothing, footwear, sun and rain protection, etc.).
10.5 Any claims made by you towards us due to non-fulfillment or fulfillment not in accordance with these terms and conditions must be asserted within 30 days after the contractually agreed food tour date in writing with a detailed explanation of the claims. A complaint vis-à-vis the tour guide is not sufficient. Claims received by us after expiry of this deadline cannot be accepted anymore, except if you prove that you were faultlessly prevented from meeting such deadline.
11. Travel insurance
Personal insurance is not included. We advise that any participant should take out appropriate travel insurance.
12. Events beyond Our Control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Terms and Conditions that is caused by an event beyond our control.
12.2 An “event beyond our control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster and catastrophes, any event of force majeure, any failure of public or private telecommunications networks and any changes in program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, any event that might in any way compromise the safety of our food tours etc.
12.3 If an event beyond our control takes place that affects the performance of our obligations to you:
- we will contact you as soon as reasonably possible to notify you; and
- our obligations to you will be suspended and we reserve the right to cancel any food tours affected by the event beyond our control; and
- we will refund to you the cost of any tickets for food tours cancelled by us as a result of an event beyond our control.
13. Variation Of The Terms
13.1 We have the right to revise and amend these Terms and Conditions from time to time, including but not limited to making changes to reflect current market conditions affecting our business, changes in technology, changes in payment methods and changes in relevant laws and regulatory requirements.
13.2 Such revisions and amendments are legally binding upon notice to you or publication on indulge-food.com / www.indulge-food.ch.
14. miscellaneous
14.1 Nobody else has any rights under these Terms and Conditions. These Terms and Conditions are between you and us. No other person shall have any rights to enforce it. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms and Conditions.
14.2 If a court finds part of these Terms and Conditions invalid or unenforceable, the rest will continue in full force. Each of the provisions of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.3 Even if we delay in enforcing these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.4 These Terms and Conditions and the legal relationship between you and us is governed by and construed in accordance with Swiss law, excluding the conflict of law rules.
14.5 The Parties submit to the exclusive jurisdiction of the courts of the canton of Zurich, venue being Zurich 1, for all disputes arising out of or in connection with these Terms and Conditions and the legal relationship between you and us.
14.6 Only these Terms and Conditions apply between you and us. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the website and the booking of food tours and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
14.7 You must be minimum drinking age or older to join our Wine & Dine and Cocktail Hour tours or any other food tour that includes the consumption of alcohol.
14.8 Please add us to your “contacts” list on your email account so our email is not blocked. It is ultimately your responsibility to assure possible correspondence by following this procedure.