TERMS AND CONDITIONS
Last Updated 18 August 2020
WEBSITE TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
This page (together with our Cookies Policy) sets out the terms and conditions ("Website Terms") on which we, Lake View Country House Ltd ("we", "our", or "LAKE VIEW"), provide access to our websites http://lakeview-grasmere.com/ or https://www.grasmerepub.com/, and any related website or mobile application through which you order products, such as http://goodsportorders.datascenesdev.com/ (together, "the Website"). Please read these Website Terms carefully before ordering any products through the Website. By ordering products through the Website (whether now or in the future), you agree to be bound by these Website Terms. Use of the Website is also subject to these Website Terms.
We reserve the right to change these Website Terms from time to time by changing them on this page. We advise you to print a copy of these Website Terms for future reference. These Website Terms are only in the English language.
Use of your personal information submitted via the Website is governed by our Privacy Notice and Cookies Policy.
For the avoidance of doubt, please note that references to "Website" in these Website Terms include any current or future version of our websites http://lakeview-grasmere.com/ or https://www.grasmerepub.com/, and any related website or mobile application such as http://goodsportorders.datascenesdev.com/, through which you access and use our Website. They apply in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, intelligent voice service, affiliate website or related website, for accessing and using our Website that may be developed from time to time).
By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any products through the Website.
TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
1.1. Company details: LAKE VIEW is a company registered in England and Wales with registered company number 10200098, whose registered office is at Lake View Country House, Lake View Drive, Grasmere, Cumbria LA22 9TD.
1.2. VAT number: Our VAT number is GB 243 5870 96.
1.3. Product Orders: We provide a way for you to communicate your orders (“Order” or "Orders") for products (“Product” or "Products") for eat-in at, or takeaway from, our restaurant at The Good Sport, Grasmere (“Restaurant”) displayed on the Website. If in the future we offer Products at other venues including trade and general public shows, the same terms and conditions apply.
1.4. Room bookings: We also provide a way for you to book accommodation ("Room" or "Rooms") at Lake View Country House ("The Guest House") by means of links from the Website to a booking engine ("The Booking Button"). Similar functionality is available through a small number of selected booking channels such as Booking.com, Expedia, etc. These third party sites make enquiries from us as to room availability, but the sites themselves are not under our direct control. For terms and conditions of use of these, please refer to the individual channels. If in the future we offer Rooms at other places, the same terms and conditions apply.
2. WEBSITE ACCESS AND TERMS
2.1. Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.
2.2. Acceptance of terms: By accessing any part of the Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you should leave the Website immediately, and you will not be able to order any Products through the Website.
2.3. Revision of terms: We may revise these Website Terms at any time. You should check the Website regularly to review the current Website Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
2.4. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3. YOUR STATUS
3.1. Capacity and age: By placing an Order through the Website, you warrant that:
You are legally capable of entering into binding contracts with us or the Restaurant; and
You are at least 18 years old.
3.2. Allergies and food intolerances: You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact the Restaurant directly to check that the food is suitable for you, before placing your order directly with them. We do provide online information about allergen information on The Website, but if you have any questions or concerns you should ask directly. Our staff are not qualified to offer medical advice, and all decisions that you make are your own responsibility.
You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, alcohol in the UK, or for any person to buy, or attempt to buy, alcohol in the UK on behalf of any person who is under the age of 18;
If your Order includes any alcohol, you may be asked to provide proof of your age on collection or delivery of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of the Restaurant, or if the Restaurant reasonably believes that the alcohol you have ordered has been bought by you on behalf of someone under the age of 18, the Restaurant reserves the right not to complete the delivery of the alcohol to you.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
4.1. The Restaurant
Compiling your Order: Once you have selected the Products you wish to order from the Restaurant menu, and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "Pay Now" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Restaurant and errors cannot be corrected (subject to paragraph 4.1.2. below).
Amending or cancelling your Order: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4.1.4 and 5.6 for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact our Restaurant front-of-house staff as described in paragraph 6.3 and they will attempt to fulfil your requests with the kitchen staff. However, there is no guarantee that this will be possible, as the kitchen staff may have already started processing your Order.
Payment authorisation: Credit and debit card payments are collected, processed, and authorised with the card issuer by Cardstream Limited, and not by us. Cardstream Limited provide global finance tools which are fully compliant with relevant laws (please see https://cardstream.com/ for details). LAKE VIEW do not collect or hold credit or debit card details in relation to Orders from the Restaurant. Where any payment you make is not authorised for whatever reason, your Order will not be processed or communicated to the Restaurant.
Processing your Order and Restaurant rejections: On successful receipt and authorisation of your Order, we will attempt to notify you by email that your Order has been received and is being processed (this communication assumes that the email details you have supplied as part of the Order are accurate). Please note that any confirmation page that you may see on the Website and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with the Restaurant but does not necessarily mean that your Order will be fulfilled by the Restaurant. We aim to accept all Orders and to communicate any rejection promptly, and we will notify you as soon as reasonably practicable if your Order cannot be fulfilled. However, the Restaurant has the ability to reject Orders at any time because it has been unable to obtain sufficient ingredients, is too busy, due to weather conditions or for any other reason. In doing so, the Restaurant will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5.6 below.
Fulfilment of your Order: Estimated times for collections are provided by the Restaurant and are only estimates. Neither we nor the Restaurant guarantees that Orders will be available for collection within the estimated times. During busy times there may be additional delays.
Booking tables: We provide several ways to reserve tables for groups to dine at particular times, including through the Website. This reservation system is entirely separate from the process of booking rooms at the Guest House. The Restaurant will endeavour to satisfy requests for reservations, but cannot guarantee that a booking will always be possible at the desired time. The table booking engine is provided by a third party and does not always send requests to our system in a timely manner: we are not responsible for any such delays. We encourage you to check directly with the Restaurant concerning your reservation.
4.2. The Guest House
Booking Rooms: You can select particular Rooms to book at The Guest House. Each Room is different, and you are responsible for ensuring that the Room or Rooms that you have selected meet your requirements. The Website contains descriptions and pictures of each Room. We endeavour to keep descriptions and images up to date, but it is possible that decoration or rearrangement of furniture might have happened since particular pictures were taken. The name of the Room or Rooms you have booked will be contained in the initial confirmation email that you receive. Additional emails will be sent before your arrival as necessary.
Amending or cancelling your Room booking: Full details of our cancellation policy will be supplied with your confirmation email, and we encourage you to read these.
Payment authorisation: Credit and debit card payments are collected, processed, and authorised with the card issuer by Payment Express (also called Windcave), and not by us. In some cases, card details are also held by the booking channel you have chosen, for example Booking.com or Expedia. For more information please refer to the individual websites of these organisations. Our normal practice is to seek a deposit of approximately half the booking amount not long after the booking has been made, and the remaining part a few days before your arrival. You are welcome to contact us at any stage to confirm the state of your booking and payment.
5. PRICE AND PAYMENT
5.1. VAT and other costs: Prices will be as quoted on the Website. These prices include VAT but may exclude other incidental costs imposed by the Restaurant or Guest House. These will be added to the total amount due where applicable.
5.2. Incorrect pricing: This Website lists many food items, and it is possible that some of the items may be listed at incorrect prices. If the correct price for an Order is higher than the price stated on the Website, we will normally contact you before the relevant Order is fulfilled. In such an event, neither we nor the Restaurant is under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Website or in cash or by accepted debit or credit card to the Restaurant at the point of Order fulfilment.
5.4. Card payments: If you pay online by credit or debit card, you may be required to show the card to the Restaurant at the time of collection as proof of identification and so that staff members can check that the card corresponds with the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to sixty (60) days to be deducted from your bank account or charged to your credit or debit card.
5.5. Discount vouchers: A discount may apply to your Order if you use a promotional voucher or code recognised by the Website and endorsed by LAKE VIEW, for example if you are staying at the guest house at the time of Order. If you are entitled to this discount, you are responsible for making staff at the Restaurant aware of your entitlement to this discount, or correctly completing the relevant entry form on the Website.
5.6. Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is subsequently rejected by the Restaurant (as described in paragraph 4.4 above) or cancelled for any other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead release the relevant amount back into your available balance. However, this may take between 3 to 5 working days (or longer, depending on your bank or card issuer). You acknowledge and agree that neither LAKE VIEW nor the Restaurant will be responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
6. CUSTOMER CARE
6.1. General: Customer care is extremely important to us. Subject to paragraphs 6.5 and 11, we will therefore try to assist you where possible if you have any problems with your Order. In the first instance it is usually most effective to contact our Restaurant front-of-house staff directly. Alternatively, you can contact us by calling the telephone number shown on the Website or using the email address supplied there.
6.2. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, in the first instance it is usually most effective to contact our Restaurant front-of-house staff directly. Alternatively, you can contact us by calling the telephone number shown on the Website or using the email address supplied there, and we will endeavour to help once we become aware of the communication.
6.3. Changing or cancelling your Order: If you wish to change or cancel your Order at the Restaurant after it has been submitted and payment has been authorised, in the first instance it is usually most effective to contact our Restaurant front-of-house staff directly. Alternatively, you may contact us as described above and we will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that change or cancellation will be possible, as the kitchen staff may have already started processing your Order.
6.4. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Restaurant, please contact us by calling the telephone number shown on the Website or using the email address supplied there, and we will endeavour to resolve the matter.
6.5. Compensation: If you are dissatisfied with the quality of any Products or the service provided by the Restaurant and wish to seek a refund, a proportionate price reduction or any other compensation, it is usually quickest to contact the front-of-house Restaurant directly to lodge your complaint. Alternatively, you may contact us as described above.
7.1. Terms of permitted use: You are permitted to use the Website and print and download extracts from the Website for your own personal non-commercial use on the following basis:
You must not misuse the Website (including by hacking or "scraping").
Unless otherwise stated, the copyright and other intellectual property rights in the Website and in material published on it (including without limitation any photographs and graphical images) are owned by us, or else are freely available in the public domain (including acknowledgement of this use by us). These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from the Website other than in accordance with paragraph 7.1 is prohibited.
You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
You must ensure that our status as the author of the material on the Website is always acknowledged.
You are not allowed to use any of the materials on the Website or the Website itself for commercial purposes without obtaining a licence from us to do so.
7.2. Limitation on use: Except as stated in paragraph 7.1, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without our prior written permission.
7.3. Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.
8. WEBSITE ACCESS
8.1. Website availability: While we try to ensure the Website is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.
8.2. Food and drink availability: Certain food and drink items are only available within particular times. For example, our alcohol licence normally prohibits sale of alcohol before 11am. Or we may have run out of some ingredients, but not yet updated the Website in accordance with this lack. We aim to change the Website listings to reflect these limitations, but in some circumstances this is not possible. The decision of staff members concerning availability at the Restaurant is final and overrides any apparent availability on the Website.
8.3. Suspension of access: Access to the Website may be suspended temporarily at any time and without notice.
8.4. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
9. LINKS TO AND FROM OTHER WEBSITES
9.1. Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
9.2. Linking permission: You may link to pages on the Website, provided that:
You do so in a fair and legal way which does not damage or take advantage of our reputation;
You do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
Any website from which you link must comply with the content standards set out in these Website Terms;
We have the right to withdraw linking permission at any time and for any reason.
10.1. Website information: While we try to ensure that information on the Website is correct, we do not promise it is accurate or complete. We may make changes to the material on the Website, or to the functionality, Products and prices described on it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update that material.
10.2. Allergy, dietary and other menu information: We aim to provide up-to-date menu information through a dedicated page on the Website. Where this information includes allergy or other dietary details, we do our best to ensure that this is up to date, based on information provided by our own suppliers. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should always discuss the matter with the Restaurant staff directly before placing your order.
11.1. General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
11.2. Exclusion of liability: Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
Any loss of profits, sales, business, or revenue;
Loss or corruption of data, information or software;
Loss of business opportunity;
Loss of anticipated savings;
Loss of goodwill; or
Any indirect or consequential loss.
11.3. Limitation of liability: Subject to clauses 11, 12.1 and 12.2, our total liability to you in respect of all other losses arising under or in connection with the Website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or £100, whichever is lower.
11.4. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
12.1. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Website immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
You have used the Website in breach of paragraph 7.1 (License);
You have breached paragraph 10.2 (Links to and from other websites); or
You have breached any other material terms of these Website Terms.
12.2. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.
13. WRITTEN COMMUNICATIONS
13.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. EVENTS OUTSIDE OUR CONTROL
14.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
14.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government.
14.3. Our performance under these Website Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Website Terms may be performed despite the Force Majeure Event.
15. ADDITIONAL TERMS
15.1. Privacy Notice: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Notice. You should review our Privacy Notice.
15.3. Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15.4. Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
15.5. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
15.6. Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
15.7. Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
16. GOVERNING LAW AND JURISDICTION
16.1. These Website Terms shall be governed by and construed in accordance with English law. You can bring legal proceedings in respect of Website Terms in the English courts. If you live in a part of the United Kingdom other than England or any other Member State of the European Union, you can bring legal proceedings in respect of these Website Terms in either the English courts or the courts of your home country.
16.2. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Website Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.