Terms & Conditions

A. Information about us

We operate the website www.thefatduck.co.uk. We are The Fat Duck Limited, a company registered in England and Wales under company number 03677212 and with our registered office at Unit B, Tectonic Place, Holyport Road, Maidenhead, Berkshire SL6 2YE, United Kingdom.

B. Definitions and meanings

When used in the Terms, below, the following words or phrases have the following meanings:
our site - means the website www.thefatduck.co.uk.

Purchase Contract - means any contract made between us for the sale of any tickets by us to you.

Reservation(s) - means any reservation to dine at The Fat Duck that is at any time made by you or anyone else and that is at any time linked to any particular Ticket you or anyone else orders or purchases, and the term “Reservation” includes, and a Reservation includes:
- the date and time of that Reservation (Reservation Date); the duration of that reservation;
each as specified in what we refer to as the Ticket Confirmation in the Terms below.
site Terms and Conditions - means the Terms and Conditions of use of our site (including our Privacy Policy)

Menu - refers to a multi-course tasting menu, which changes from time to time, served as a series of dishes at The Fat Duck.

Tickets - means The Fat Duck tickets that are listed on, and/or are available for purchase from, our site.


Where we use the words “consumer” or “consumers” in the Terms, below, or elsewhere, those words are used to the legal effect as understood under English law, with particular legal meaning, effect and consequences.

Where we use the phrases “private individual(s)” or “private individual customer(s)” in the Terms, below, or elsewhere, we are referring to any real or legal person who is a customer but who is not either a consumer customer or a business customer.

The meanings of some other words and phrases, when used in the Terms, below, are also defined throughout these Terms.

Where the meaning of a word or phrase is defined either here, or elsewhere in the Terms, below, that word or phrase shall have the same meaning if we use it on any page and/or part of our site, and/or in any email or other written communication we send to you as part of or in connection with your purchase of, or attempt to purchase, any Ticket from us, and/or in relation to any Reservation you make or attempt to make.

C. Language

The Terms, below, and any Purchase Contract between us, are only in the English language.

D. Incorporation

What we say in sections A., B. and C. above and in this Section D. forms part of the Terms, below.

The Terms, below, also incorporate and include what we say on the “RESERVATIONS” page on our site; and


- what we say in our site Terms and Conditions.

1. MORE INFORMATION ABOUT US

1.1. Our main trading address is The Fat Duck Restaurant, High Street, Bray SL6 2AQ (Premises). Our VAT number is 125514732.

1.2. Contacting us and contacting you:
(a) we have specific provisions in clauses 7, 14 and 15, if you wish to contact us in relation to, respectively, order cancellations, Ticket Cancellations or Returns. Please refer to those clauses for details.
(b) if you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our Reservations team by telephone on +44 01628 580 333 and using the pin number detailed on your email confirmation, by emailing us at [email protected] or by writing to us at Unit B, Tectonic Place, Holyport Road, Maidenhead, Berkshire SL6 2YE, United Kingdom.
(c) If we have to contact you, you agree we can do so by telephoning you at any telephone number you have given us or by email or by pre-paid post or by personal delivery to the email address or the postal address you provide us when you place an order. If we have to contact you because we need to give you a notice in writing, you agree we can do so by email or by personal delivery or by pre-paid post to the email address or the postal address you provide us when you place an order or make a Reservation.

2. OUR TICKETS

2.1. Any images of our Tickets on our site are for illustrative purposes only. If there are any images of the Tickets on our site, although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Tickets. Your Tickets may vary slightly from any images of our Tickets on our site.

3. USE OF OUR SITE

3.1 Your use of our site is governed by our site Terms and Conditions (which include the terms of use of our site and our Privacy Policy). Please take the time to read these, as they include important terms, which apply to you and to your order and purchase of and the use of a Ticket and to Reservations.

4. HOW WE USE YOUR PERSONAL INFORMATION

4.1 We only use your personal information in accordance with our Privacy Policy. Our Privacy Policy is included in our site Terms and Conditions. Please take the time to read our Privacy Policy, as it includes important terms, which apply to you if:

- you use our site; or/and
- if you order (or someone else on your behalf orders) or if you purchase a Tickets from us; and/or
- if you (or someone else on your behalf) makes a Reservation; and/or
- if we are paid with or via the involvement of a payment intermediary;
and our Privacy Policy includes terms that in each of these instances you and/or the person who makes the order and/or Reservation consent to us passing or making available some or all of your or that person’s personal information, depending on the circumstances and in certain instances, to certain third parties or persons advising, acting on behalf of or providing services to those third parties.

5. IF YOU ARE A PRIVATE INDIVIDUAL CUSTOMER OR A CONSUMER CUSTOMER

5.1. If you are a private individual or a consumer, you may only purchase Tickets from us and you may only make a Reservation(s) if you are at least 18 years old.

6. IF YOU ARE A BUSINESS CUSTOMER

6.1. If you are a business, you confirm that you have authority to bind any business on whose behalf you purchase Tickets and/or to make a Reservation.

7. HOW THE PURCHASE CONTRACT IS FORMED BETWEEN YOU AND US AND HOW A RESERVATION IS MADE

7.1. Our site’s Reservations page will guide you through the steps you need to take to place an on-line order for a Ticket with us and to request to make a Reservation. As you will see, you must request a Reservation at the same time as, and that is linked to, the Ticket you are purchasing. Our site’s on-line order process allows you to check and amend any errors before submitting your order to purchase a Ticket and request for a Reservation. In certain circumstances, it may allow you to complete and order and make a reservation by telephone. Please take the time to read and check your order at each page of the order process, including carefully checking all the details of the Reservation you want to make. Placing an order includes making full payment for the Ticket and full payment for any additional administrative or other charges payable in relation to your Ticket in advance.

7.2. After you place an order you will receive an email from us acknowledging that we have received your order (Order Receipt). The Order Receipt will include details of the Ticket you want to purchase and the Reservation you want to make. However, please note that this does not mean that either your order for a Ticket or the Reservation you want to make has been accepted. Our acceptance of your order for a Ticket and for the Reservation you want to make will take place as described in clause 7.3.

7.3. We will confirm our acceptance of your order for a Ticket and for the Reservation you want to make by sending you an email that forms the Ticket you have ordered (Ticket Confirmation). The Purchase Contract between us will only be formed, and the Reservation that you want to make will only be confirmed, when we email you the Ticket Confirmation. The owner of the ticket will be the person who has placed the order with us, whether or not that person has paid for the ticket or paid for part of the ticket.

7.4. If you want to cancel your order before we email you the Ticket Confirmation the easiest way to do this is to send us an email at [email protected] clearly setting out that you wish to cancel. If you use this method we will email you to confirm we have received your cancellation. If you are emailing us or writing to us you must include details of your name and order number and your Reservation. If you send us your cancellation notice by email then your cancellation is effective from the date you send us the email. Any cancellation by you will operate as a cancellation of all and any interest you or anyone else may have in the reservation.

8. OUR RIGHTS TO VARY THESE TERMS (INCLUDING THE TERMS AND CONDITIONS OF USE OF TICKETS AND THE TERMS AND CONDITIONS OF RESERVATIONS) AND OUR SITE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY)

8.1. We may amend these Terms (including the Terms and Conditions of Use of Tickets and the Terms and Conditions of Reservations) and our site Terms and Conditions (including our Privacy Policy) from time to time in accordance with the provisions of this clause 8 and/or in accordance with the provisions of clauses 10, 12 or 16, as applicable.

8.2. Every time you order a Ticket from us and make a Reservation, the Terms in force at the time of your order (including our site Terms and Conditions (including our Privacy Policy, the Terms and Conditions of Use of Tickets and the Terms and Conditions of Reservations for the time being) will apply, as relevant, to the Purchase Contract between you and to the relevant Reservation(s).

8.3. We may revise these Terms (including the Terms and Conditions of Use of Tickets and the Terms and Conditions of Reservations) and/or our site Terms and Conditions (including our Privacy Policy) as they apply to your order or your Ticket or Reservation(s) or to Tickets or Reservations purchased and made from time to time to reflect, for example, the following circumstances:

(a) changes in relevant laws and regulatory requirements;
(b) changes in our operation or to reflect changes in our operational requirements;
(c) changes in our contractual or other arrangements with and/or our contractual or other obligations to third parties (for example, such as payment intermediaries who you use to pay for or through which you make payment for a Ticket).

9. HOW TO PAY

9.1. When ordering and purchasing a Ticket via our site, you can only pay for Tickets via Stripe (which is the payment intermediary we use), using a debit card or credit card, or other payment method permitted by Stripe and in accordance with Stripe’s Terms and Conditions and requirements. If you are paying by telephone we will advise you of the methods you may use to pay.


9.2. Payment for the Ticket and full payment for any additional administrative or other charges payable in relation to your Ticket is in advance. We will not dispatch your Ticket Confirmation, and your Reservation linked to that Ticket will not be confirmed, until we have received full payment for your Ticket, together with full payment of any other charges payable in relation to your Ticket. If any part of payment is rejected, your ticket confirmation will not be dispatched.

10. PRICE OF TICKETS AND ENTITLEMENTS

10.1. The prices of our Tickets will be as quoted on our site at the time you submit your order and that price must be paid in full at the time of order. The prices of our Tickets will only be quoted in pounds sterling (£ sterling) and the price of a Ticket must be paid in pounds sterling (£ sterling). Due to the small size of the Premises and the limited number of tables within the Premises, Tickets are sold exclusively per table at fixed prices that vary according to the maximum number of guests each table seats. For example, you might purchase a Ticket for a table seating four guests, but the price you pay for that Ticket is fixed, so this means we are unable to agree or to provide, and we will not provide, any reduction or refund in respect of the price of that Ticket if your party will only comprise three guests, or comprises only three guests when you attend The Fat Duck on your Reservation Date, and nor will we, in those kinds of circumstances, accept or set-off any part of the price of that Ticket as payment for or against the cost of any item not included in the Menu (for example any drinks not included in the Menu).

10.2. The prices of our Tickets may change from time to time, but changes will not affect any order you have already placed.

10.3. The price of a Ticket includes Value Added Tax (VAT) (where applicable) at the current rate chargeable in the United Kingdom.

10.4. A Ticket purchased from us by its owner in accordance with these Terms entitles its owner upon its presentation by and use by its owner in accordance with and subject to these Terms, to:

- be seated (together with the other guests in his or her party, up to the maximum number of guests specified in the Ticket Confirmation) on the Reservation Date at a table selected by us in our discretion only for the duration of that Reservation;
- be supplied, on the Reservation Date at the Premises, and subject to clauses 10.5, and 10.6, with one Menu per guest (up to the maximum number of guests specified in the Ticket Confirmation) which may only be consumed on the Premises during the Reservation.

10.5. Without prejudice to clauses 12.6 and 16.5 of these Terms, we reserve the right, in our absolute discretion, to vary, reduce or limit the composition and/or range of the Menu provided to any guest who arrives at the Premises more than thirty minutes after the time specified in the relevant Reservation.


10.6. We reserve the right, in our absolute discretion, to vary the composition of the Menu from time to time, where we consider it reasonable and necessary to do so. Circumstances in which we may vary the composition of the Menu might include changes to reflect, for example, the following circumstances:


(a) availability of relevant or particular produce or ingredients;
(b) season or time of year;
(c) for food safety or hygiene reasons, or for health and safety reasons];
(d) changes in relevant laws and regulatory requirements;
(e) changes in our contractual or other arrangements with, and/or our contractual or other obligations to, third parties such as our suppliers.

10.7. The price of a Ticket does not include any drinks or any items not included in the Menu or any service charge. An optional 12.5% service charge based on the price(s) of your Ticket and any drinks or other items purchased during your Reservation will be presented at the end of your Reservation.

10.8. Available drinks and available items not included in the Menu can be purchased from us at the Premises during the Reservation by you or any member of your party using Visa, Visa Debit, Mastercard, American Express
or cash and payment for these items and of any service charge will be taken (but only in pounds sterling (£ sterling)) at the end of your Reservation.

11. DELIVERY

11.1. We deliver Ticket Confirmations (that form Tickets) exclusively by email and we will only deliver the Ticket Confirmation that forms your Ticket to the email address you provided us when you placed your order via our site.

11.2. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.

11.3. We will not dispatch your Ticket Confirmation until we have received full payment for your Ticket, together with full payment of any additional administrative or other charges payable in relation to your Ticket. We will dispatch your Ticket Confirmation within five days of receiving full payment for your Ticket, together with full payment of any additional administrative or other charges payable in relation to your Ticket.

11.4. If we miss a delivery deadline for any Ticket or Ticket Confirmation then you may cancel your Purchase Order straight away if any of the following apply:

(a) we have refused to deliver the Ticket Confirmation;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.

11.5. If you do not wish to cancel your Purchase Order straight away, or do not have the right to do so under clause 11.4 you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Purchase Order if we do not meet the new deadline.

11.6. If you do choose to cancel your Purchase Order for late delivery under clause 11.4 or clause 11.5 then after you cancel your Purchase Order we will refund any sums you have paid us for the cancelled Ticket and any additional administrative or other charges you have paid us in relation to your Ticket.

12. TERMS AND CONDITIONS OF USE OF TICKETS

12.1. These Terms (which include important terms in clause 19 relating to an Event Outside Our Control and our responsibilities when this happens, and relating to our liability in clauses 17 or 18, as applicable) and the Terms and Conditions of use of Tickets set out in this clause 12 apply to all Tickets wherever and whenever ordered, purchased or issued.

12.2. Each Ticket must be linked to a particular Reservation and to a particular Reservation Date (and vice-versa) and a Reservation must be made and a Reservation Date must be fixed in respect of each Ticket at the same time as that Ticket is ordered.

12.3. A Ticket can only be used for and will only be accepted on the Reservation Date to which that Ticket is linked and only in respect of the Reservation to which that Ticket is linked. A Ticket can only be used at the Premises on the Reservation Date relevant to that Ticket and only for the duration of the Reservation to which that Ticket is linked.

12.4. A Ticket will immediately become null and void and will be immediately cancelled by us on receipt by us of either:

- a request made by the purchaser in accordance with clauses 11and/or 14 or 15 of these Terms, to cancel the Purchase Contract in respect of that Ticket or to cancel that Ticket;
- a request or requirement from the purchaser of that Ticket to us to cancel that Ticket; or
- a Notice Email;

and in none of those circumstances will there be any right of refund of the purchase price of that Ticket, except where that right arises in accordance and compliance with, and subject to, the provisions of:

- clauses 11,14 or 15 of these Terms; or
- clause 15 of these Terms, which includes us receiving full payment from the relevant New Guest for the relevant New Ticket in accordance with the Returns procedure.

This clause 12.4 does not affect the statutory rights of a purchaser from us.

12.5. A Ticket will immediately become null and void and will be immediately cancelled by us on payment by us of a refund of the purchase price of that Ticket. This clause 12.5 does not affect the statutory rights of a purchaser from us.

12.6. A Ticket and the Reservation linked to that Ticket will become immediately null and void and will be immediately cancelled by us, with no right of refund of the purchase price of that Ticket, and no rights to make a fresh Reservation or to change the Reservation Date, if that Ticket is not presented to us at the Premises within one hour from the Reservation Date. This clause 12.6 does not affect the statutory rights of a purchaser from us.

12.7. Before accepting a Ticket on presentation of it to us, we reserve the right to, and you agree that we may, in our absolute discretion, require the person presenting that Ticket to produce to us:

- such proof or evidence of his or her identity as we require, in our absolute discretion, to satisfy us of his or her identity; and/or
- such proof or evidence that he or she is the owner of that Ticket as we require, in our absolute discretion, to satisfy us that he or she is the owner of that Ticket;

and in the event our requirements in any of these respects are not complied with we reserve our rights to, and you agree that we may, in our absolute discretion, do any or all of the following:

- refuse to accept that Ticket with no right of refund of the purchase price of that Ticket in the event we do so;
- refuse to admit the person presenting that Ticket, and any or all of his or her party, to the Premises with no right of refund of the purchase price of that Ticket in the event we do so;
- cancel that Ticket, with no right of refund of the purchase price of that Ticket in the event we do so;
- cancel the Reservation linked to that Ticket, with no rights to make a fresh Reservation or to change the Reservation Date in the event we do so;
- refuse to comply with any or all of our obligations under clause 10 of these Terms, with no right of refund of the purchase price of that Ticket in the event we do so.

This clause 12.7 does not affect the rights of cancellation and refund of a purchaser from us in accordance with clauses 11, 14 or 19 of these Terms, nor the statutory rights, of a purchaser from us.

12.8. Tickets will be cancelled, and will become null and void in their entirety, immediately on first presentation and use at the Premises. This clause 12.8 does not affect the statutory rights of a purchaser from us.

12.9. Tickets cannot be exchanged for cash. This clause 12.9 does not affect the, or any, rights of cancellation and refund or payment in accordance with clauses 11, 14, 15 or 19 of these Terms, nor the statutory rights, of a purchaser from us.

12.10. We do not in any circumstances give partial refunds in respect of Tickets. Due to the small size of the Premises and the limited number of tables within the Premises, Tickets are sold exclusively per table at fixed prices that vary according to the maximum number of guests each table seats. This means, for example, that if you purchase a Ticket for a table seating up to four guests, but there is a reduction in your party’s size to three guests when you dine, no partial or entire refund or reduction in respect of the price of the Ticket will be given to reflect the reduction in your party’s size. This clause 12.10 does not affect the, or any, rights of cancellation and refund or payment in accordance with clauses 11, 14, 15 or 19 of these Terms, nor the statutory rights, of a purchaser from us.

12.11. Please protect your Ticket and treat it as cash; we cannot replace lost, stolen or damaged Tickets and nor can we refund the purchase price of lost, stolen or damaged Tickets.

12.12. Tickets are null and void if the Ticket’s unique number has been removed or obliterated or is illegible and we reserve the right to refuse to accept any Ticket which we deem, in our absolute discretion, to be tampered with, duplicated or which otherwise is suspected to have be stolen or to be affected by fraud or to be a forgery. We will not refund the price of any Ticket that is null and void for any of these reasons or which we deem, in our absolute discretion, to be tampered with, duplicated or which otherwise is suspected to have be stolen or to be affected by fraud or to be a forgery.

12.13. In the event that we suspect, in our absolute discretion, that there has been any breach of any of the provisions of this clause 12 or of clauses 13 or 16 of these Terms, whether in respect of a Ticket or otherwise, or if any part of payment for a ticket has been cancelled, stopped or not honoured, we reserve the right to, and you agree that we may, in our absolute discretion, do any or all of the following:

- refuse to accept that Ticket or the relevant Ticket or the Ticket concerned, with no right of refund of the purchase price of that Ticket in the event we do so;
- refuse to admit the person presenting that Ticket or the relevant Ticket or the Ticket concerned, and any or all of his or her party, to the Premises, with no right of refund of the purchase price of that Ticket in the event we do so;
- cancel that Ticket, with no right of refund of the purchase price of that Ticket in the event we do so;
- cancel the Reservation linked to that Ticket, with no rights to make a fresh Reservation or to change the Reservation Date in the event we do so;
- refuse to comply with any or all of our obligations under clause 10 and/or under clause 16 (if any) of these Terms, with no right of refund of the purchase price of that Ticket in the event we do so.

This clause 12.13 does not affect the rights of cancellation and refund in accordance with clauses 11.14 or 19 of these Terms, nor the statutory rights, of a purchaser from us.

12.14. We reserve the right to amend the Terms and Conditions of use of Tickets set out in this clause 12 from time to time, where we consider it reasonable and necessary to do so and the Terms and Conditions of Use of Tickets as amended will then be binding in respect of all Tickets, whenever purchased or issued. Circumstances in which we may amend the Terms and Conditions of use of Tickets set out in this clause 12 as they apply to your Tickets might include amendments to reflect, for example, the following circumstances:

(a) changes in relevant laws and regulatory requirements;
(b) changes in our operation or to reflect changes in our operational requirements;
(c) changes in our contractual or other arrangements with, and/or our contractual or other obligations to, third parties (for example, such as payment intermediaries who you use to pay for or through which you make payment for a Ticket).

13. TRANSFERS OR RE-SALES OF PURCHASE CONTRACTS, TICKETS AND RESERVATIONS

13.1. You agree not to transfer any of your rights or any of your obligations:

- under, or in relation to, or in, or arising from, an order(s);
- under, or in relation to, or in, or arising from, a Purchase Contract(s);
- under, or arising from, these Terms;
- under, or in relation to, or in, or arising from, a Ticket or a Ticket Confirmation; or
- under, or in relation to, or in, or arising from, a Reservation(s);

to any other person without our prior written permission, which can only be given by one of our directors or by one of our other duly authorised representatives.

13.2. The prohibitions in clause 13.1 in respect of orders, Purchase Contract(s), these Terms, a Ticket, a Ticket Confirmation or a Reservation(s) include, but are not limited to, transferring any of your rights or any of your obligations for the purposes of gifts, charity auctions, raffle prizes, advertising, promotions, contests or sweepstakes:

13.3. You agree not to use for profit, nor to sell (whether for profit or otherwise), offer or expose for sale, nor to use for any resale purposes, either:

- an order(s);
- a Purchase Contract(s);
- a Ticket or a Ticket Confirmation;
- a Reservation(s); or
- any of your rights under, or in relation to, or in, or arising from: an order; a Purchase Contract(s); a Ticket; a Ticket Confirmation; a Reservation(s); or these Terms.

14. YOUR RIGHT TO CANCEL A PURCHASE CONTRACT

Your legal rights set out in this clause 14 are separate to any legal rights you may have under clauses 11, 15, 17, 18 or 19, as or if applicable

14.1. If you are a consumer customer, you have a legal right to cancel a Purchase Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 14.2. If you are a private individual customer or a business customer, we grant you a legal right to cancel a Purchase Contract during the period set out below in clause 14.2 that is equivalent to a consumer customer’s right to do so under those Regulations during that period. This means, whether you are a consumer customer, a private individual customer or a business customer, that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Ticket, you can notify us of your decision to cancel the Purchase Contract and receive a refund. If you are a consumer customer, advice about your legal right to cancel the Purchase Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

14.2. Your legal right to cancel a Purchase Contract starts from the date of the Ticket Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Purchase Contract between us is formed. Your deadline for cancelling the Purchase Contract is the end of 14 days after the day on which you receive the Ticket. Example: if we provide you with a Ticket Confirmation on 1 January and you receive the Ticket on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

14.3. To cancel a Purchase Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to send us an email at [email protected] clearly setting out that you wish to cancel .If you use this method we will email you to confirm we have received your cancellation. If you are emailing us or writing to us you must include details of your name and order number or Ticket number(s) and your Reservation to help us to identify it. If you send us your cancellation notice by email then your cancellation is effective from the date you send us the email.

14.4. If you validly cancel your Purchase Contract we will:

(a) refund you the price you paid for the Ticket.
(b) make any refunds due to you as soon as possible and in any event within 14 days after the day on which you send us the email;

(i) if you have cancelled by using the cancellation form on our site: 14 days after the day on which we receive your cancellation form;
(ii) if you have cancelled by sending us an email: 14 days after the day on which you send us the email;
(iii) if you have cancelled by post: 14 days after the day on which you provide us with evidence that you have sent your cancellation by post or 14 days after we receive your cancellation, whichever is the earlier;
(iv) if you have cancelled by telephone or otherwise verbally: 14 days after the day on which you inform us of your decision to cancel the Purchase Contract;
(v) if you have not received the Ticket: 14 days after you inform us of your decision to cancel the Purchase Contract.

14.5. If you have returned the Ticket to us under this clause 14 because it is faulty or mis-described, we will refund the price of the Ticket in full.

14.6. If you are a consumer customer, we are under a legal duty to supply Tickets that are in conformity with these Terms. If you are a consumer customer, you have legal rights in relation to Tickets that are faulty or not as described and these legal rights are not affected by your right of refund in this clause 14 or anything else in these Terms. If you are a consumer customer, advice about your legal rights is available from your local United Kingdom Citizens' Advice Bureau or Trading Standards office.

15. RETURNS PROCEDURE

ANY RIGHTS YOU HAVE IN ACCORDANCE WITH WHAT WE SAY IN THIS CLAUSE 15 ARE SEPARATE TO ANY LEGAL RIGHTS YOU MAY HAVE UNDER CLAUSES 11, 14, 17, 18 OR 19, AND TO ANY STATUTORY RIGHTS YOU MAY HAVE.

READ THIS CLAUSE IN CONJUNCTION WITH CLAUSES 1.2 (A) AND 20.2

15.1. You agree we will become liable to pay you (being the purchaser of the relevant Ticket from us) an amount equivalent to the price you paid us for the Ticket (but excluding any delivery or administrative charges or other fees or costs you have paid) (Price) in accordance with, and in the circumstances set out in, sub-clauses 15.2, 15.3, 15.4 and 15.5 of this clause 15 (Returns Procedure).

15.2. We will pay you (being the purchaser of the relevant Ticket from us) the Price, but only after the expiry of three working days from the Reservation Date linked to the relevant Ticket, and only provided that:

15.2.1 by no later than 12 p.m. U.K. time on the 28th day before your Reservation Date we have received an email (Notice Email), that complies with the requirements set out in this clause 15.2.1 (and that also complies with, as applicable, the requirements set out in clause 15.3). The requirements set out in this clause are that a Notice Email must:


- warrant and confirm that you are the purchaser of the relevant Ticket and that you purchased the relevant Ticket from us or, if you are not the purchaser of the relevant Ticket from us, that you are authorised and instructed by the purchaser of the relevant Ticket from us and anyone having an interest in the relevant ticket, to send the Notice Email) and that you have done so on behalf of the purchaser of the relevant Ticket from us and anyone having an interest in the relevant ticket;


- warrant and confirm that you are or, if you are not the the purchaser of the relevant Ticket from us, that purchaser confirms that it, he or she is, immediately and irrevocably cancelling the relevant Purchase Contract(s) and the relevant Ticket and the Reservation linked to the relevant Ticket;
warrant and confirm that you have, or if you are not the purchaser of the relevant Ticket from us, that you are doing so on behalf of that purchaser as his authorised agent and that it, he or she has, received and will receive no payment, in money or otherwise, directly or indirectly from or on behalf of any person in return for sending us the Notice Email; and, additionally, only provided that 15.2.2 by no later than 4 p.m. U.K. time on the 2nd day before the Reservation Date linked to the relevant Ticket which is the subject of the Notice Email we have sold to (and received full payment from) a new guest (New Guest) a new Ticket (New Ticket) for the same (or a greater) price than the Price, and the New Ticket is linked to a Reservation that is exactly the same as the Reservation linked to the relevant Ticket which is the subject of the Notice Email including in respect of the Reservation Date and number of guests..

15.3. If you want to send us a Notice Email, a Notice Email must be sent to us at [email protected], and to be effective a Notice Email must also be sent to us from the email account of the purchaser (or person, if different) provided to us when the relevant Ticket was ordered from us. To be effective a Notice Email must include the name of the purchaser of the relevant Ticket from us (which must be identical to the purchaser’s name that was provided to us when the relevant Ticket was ordered from us), the Ticket number and the Reservation Date (time and date must be specified) linked to the relevant Ticket. A pro-forma Notice Email is attached as a schedule to these Terms.

15.4. If we receive a Notice Email, you agree that the cancellation(s) of your (or the relevant) Purchase Contract(s), your (or the relevant) Ticket and the Reservation(s) linked to your (or the relevant) Ticket you accordingly effect are immediate and irrevocable.

16. TERMS AND CONDITIONS OF RESERVATIONS

16.1. These Terms (which include important terms in clause 19 relating to an Event Outside Our Control and our responsibilities when this happens and relating to our liability in clauses 17 or 18, as applicable) and the Terms and Conditions of Reservations set out in this clause 16 apply to all Reservations.

16.2. Each Reservation and each Reservation Date must be linked to a particular Ticket (and vice-versa) and a Reservation must be made and a Reservation Date must be fixed in respect of each Ticket at the same time as that Ticket is ordered. A Ticket can only be used and will only be accepted on the Reservation Date to which that Ticket is linked and only in respect of the Reservation to which that Ticket is linked.

16.3. Once a Reservation is made it and the Reservation Date for that Reservation are fixed and neither can be changed.

16.4. A Reservation will become null and void, and will be cancelled by us immediately on receipt by us of either:

- a request to cancel the order for the Ticket to which that Reservation would be linked;
- a request made by the purchaser from us in accordance with clauses 11, 14 and/or 19 of these Terms, to cancel the Purchase Contract in respect of the particular Ticket linked to that Reservation;
- a Notice Email in respect of the particular Ticket linked to that Reservation(s);
- a request or requirement from the purchaser from us of the particular Ticket linked to that Reservation(s) to cancel that Ticket or that Reservation(s).

16.5.A Ticket and the Reservation linked to that Ticket will become immediately null and void and will be immediately cancelled by us, with no right of refund of the purchase price of that Ticket, and no rights to make a fresh Reservation or to change the Reservation Date, if that Ticket is not presented to us at the Premises within one hour from the Reservation Date. This clause 16.5 does not affect the statutory rights of a purchaser from us.

16.6.We reserve the right to amend the Terms and Conditions of Reservations set out in this clause 16 from time to time, where we consider it reasonable and necessary to do so and the Terms and Conditions of Reservations as amended will then be binding in respect of all Reservations, whenever made.

17. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER This clause 17 only applies if you are a business customer.

17.1. We only supply the Ticket and you can only use the Ticket, and make and use a Reservation, in accordance with these Terms. You agree not to use or to sell the Ticket or Reservation otherwise than subject to and in accordance with these Terms.

17.2. Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.

17.3. Subject to clause 17.2 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising:

17.3.1 under or in connection with, or in relation to, an order(s);

17.3.2 under or in connection with, or in relation to, a Purchase Contract(s) or Ticket;

17.3.3 under or in connection with, or in relation to, a Reservation(s);

17.3.4 under or in connection with, or in relation to any food and/or beverage(s) consumed by you or any of your party during your Reservation, or in respect of anything that does or does not happen during your Reservation;

17.3.5 otherwise or for any other reason whatsoever;
for:

(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill;
(f) any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our site;
(g) any loss you may suffer either in relation to and/or arising from your provision of any data or information you provide to us or to any person(s) when you order, purchase, pay for sell or seek to sell a Ticket and/or when you make and/or in relation to a Reservation and/ or in relation to and/or arising from any data you incidentally provide to us or to any person(s) in relation to an order for, purchase of, payment for or sale of a Ticket and/or when you make and/or in relation to a Reservation(s); or
(h) any indirect or consequential loss. For the avoidance of doubt, “any indirect or consequential loss” shall include any indirect or consequential loss arising from an Event Outside Our Control.

17.4 Subject to clause 17.2, our total liability to you in respect of all losses (including any indirect or consequential losses, which shall include any indirect or consequential losses arising from an Event Outside Our Control), shall in no circumstances exceed the price of the Ticket you have purchased.

17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to any Tickets nor in relation to any Reservations. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Ticket or Reservation are suitable for your purposes.

18. OUR LIABILITY IF YOU ARE A CONSUMER CUSTOMER OR A PRIVATE INDIVIDUAL CUSTOMER

This clause 18 only applies if you are a consumer customer or a private individual customer.

18.1. We only supply the Ticket and you can only use the Ticket, and make and use a Reservation(s), in accordance with these Terms. You agree not to use or to sell the Ticket or Reservation(s) otherwise than subject to and in accordance with these Terms.

18.2. We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.

18.3. Subject to clause 18.2, our total liability to you in respect of all losses, including foreseeable and unforeseeable or indirect losses, whether or not arising from an Event Outside Our Control shall under no circumstances exceed the price of the Ticket you have purchased, unless we have been negligent. If we have been negligent, we will be responsible for loss or damage you suffer which is foreseeable as a result of our negligence but we will not be responsible for any loss or damage you suffer that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or if it was contemplated by you and us at the time we accepted your Purchase Order.

18.4. Subject to clause 18.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

- any indirect or consequential loss (which, for the avoidance of doubt, shall include any indirect or consequential loss arising from an Event Outside Our Control); or
- any other losses arising from an Event Outside Our Control),

19. EVENTS OUTSIDE OUR CONTROL

19.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any order, and/or under any Purchase Contract, and/or in relation to any Reservation(s), and/or in relation to any Ticket, that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.

19.2. An Event Outside 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, terrorist attack or threat of terrorist attack, war (whether declared or not), explosion, storm, flood, or other natural disaster, or epidemic or pandemic, or failure of public or private telecommunications networks, or failure of public or private electronic communications networks, or failure of other public or private utilities, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or Government order.


19.3. If an Event Outside Our Control takes place that affects the performance of our obligations under an order, and/or under a Purchase Contract, and/or under or in relation to a Reservation, and/or under or in relation to a Ticket, as the case may be:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under the relevant order, and or Purchase Contract(s), and/or under or in relation to the relevant Reservation(s), and/or under or in relation to the relevant Ticket, as the case may be, will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control (which for the purpose of this clause 19 includes an additional 30 days after the Event Outside Our Control has ended). Where, in our sole and absolute discretion, it would not be possible to perform our obligations immediately after the end of the duration of the Event Outside Our Control, we will contact you as soon as reasonably possible thereafter to arrange a time and date acceptable to both you and us on which to (continue to) perform our obligations. Where the Event Outside Our Control affects our delivery of Ticket to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.


19.4. Once we have contacted you to arrange a time and date acceptable to both of us on which to (continue to) perform our obligations, for operational reasons, you will have a period of 180 days in which to confirm a new time and date (which may be outside that time) for your Reservation. During that 180 day period, we will attempt to make contact with you a minimum of three times. On expiry of the 180 day period without agreement on a new time and date for your Reservation, your Ticket will become immediately null and void and will be immediately cancelled by us, with no right of refund of the purchase price of that Ticket and no rights to make a fresh Reservation linked to that Ticket.

19.5 Subject to prior cancellation in accordance with clause 19.4. you may cancel a Purchase Contract affected by an Event Outside Our Control which has continued for more than 180 days. To cancel please contact us to tell us you are cancelling your Purchase Contract. If you opt to cancel in these circumstances, we will refund the price you have paid for your Ticket affected by the Event Outside Our Control, including any delivery charges.

20. COMMUNICATIONS BETWEEN US

20.1. When we refer, in these Terms, to "in writing", this will include email.

20.2. You may contact us as described in clause 1.2. Any notice in writing or other communication in writing you send us shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid post or other delivery service, at 4.00 pm on the fifth working day in England after posting or if sent by email, one working day in England after transmission. In proving the service of any notice in writing or other communication in writing, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to our email address specified in clause 1.2.

20.3. We may contact you as described in clause 1.2 (c) Any notice in writing or other communication in writing we send you shall be deemed to have been received: if delivered personally, when left at the postal address you provide us when you place an order or make a Reservation; if sent by pre-paid post or delivery service, at 4.00 pm on the fifth working day in England after posting or if sent by email, one working day in England after transmission.

20.4. In proving the service of any notice in writing or other communication in writing, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the email address provided to us when an order is placed or a Reservation is made, or to our relevant email address according to the purpose for which an email is sent to us.

20.5. The provisions of this clause 20 shall not apply to the service of any proceedings or other documents in any legal action.

21. OTHER IMPORTANT TERMS

21.1. We may transfer our rights and obligations under: an order; a Purchase Contract(s); a Reservation(s); a Ticket; or under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

21.2. The Purchase Contract and any linked Reservation is between you and us. No other person shall have any rights to enforce any of the terms of either the Purchase Contract and/or any linked Reservation and/or any order, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

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

21.4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

21.5. If you are a consumer customer, please note that these Terms are governed by English law. This means a Purchase Contract made through our site and any dispute or claim arising out of or in connection or in relation to it, and/or any Reservation, and/or any cancellation or refund, and/or any breach of any of our obligations will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that until 31 December 2020 the courts of England and Wales will have non-exclusive jurisdiction if you are a resident of a State which is a member of the European Union, in which case you may also bring proceedings in that State.

21.6. If you are a business customer or a private individual customer, a Purchase Contract and any dispute or claim arising out of or in connection with it, and/or relating to any Reservation, and/or to any cancellation, and/or refund, or its subject matter or formation (including non-contractual disputes or claims) and/or in relation to any breach of any of our obligations shall be governed by and construed in accordance with the law of England and Wales.

21.7. If you are a business customer or a private individual customer, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Purchase Contract and any dispute or claim arising out of or in connection with it, and/or relating to any Reservation, and/or to any cancellation, and/or refund, or its subject matter or formation (including non-contractual disputes or claims), including in relation to any breach of any of our obligations.

21.8. In the event of any inconsistencies between the provisions and/or legal effects of anything in these Terms and the provisions and/or legal effects of anything in or on:

- the RESERVATIONS page on our site;
- any TERMS AND CONDITIONS OF USE OF TICKETS page on our site; - any TERMS AND CONDITIONS OF RESERVATIONS page on our site;
- our site Terms and Conditions (which include the terms of use of our site and our Privacy Policy);
- any Order Receipt;
- any Ticket Confirmation; or
- any other page on our site or anything stated on our site; the provisions and/or legal effects (as the case may be) of these Terms shall prevail.

21.9. In the event we refund you any money in accordance with any provision or clause in these Terms, we will refund you only in pounds sterling (£ sterling) on the credit card or debit card used by you to pay us and/or if you paid us via Stripe, we will refund you only in pounds sterling (£ sterling) via Stripe.

21.10. In the event we pay you any money in accordance with the provisions of clause 15 of these Terms, we will if possible make that payment by crediting your credit card or debit you used to pay us, but we will do so only in pounds sterling (£ sterling), and/or if you paid us via Stripe, we will if possible make that payment to you via Stripe but we will do so only in pounds sterling (£ sterling).

SCHEDULE ONE

Cancellation Form

(Complete and return this form only if you wish to either cancel an order before you receive your Ticket or if you wish to withdraw from the contract in accordance with clause 14 of the Terms. You can return this form by email to us at [email protected] or by post to us as at The Guest Relations Team, The Fat Duck Limited, High Street, Bray, Berkshire, SL6 2AQ, United Kingdom)

To The Fat Duck Limited

I/We [*] hereby give notice that I/We [*] cancel my/our [*] order/Ticket [*] for The Fat Duck, as follows::

Ticket/order Number [**]:

Order date/date Ticket received [*]:

………………………………………..20

(Date) (Month) (Year)

Name of purchaser(s),

Address of purchaser(s),

Signature of purchaser(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

[**] This is the same number and appears on the Order Receipt and the Ticket

SCHEDULE TWO

Notice Email

(COMPLETE TEXT BELOW AND SEND AS AN EMAIL TO THE FAT DUCK LIMITED AT THE FOLLOWING E-MAIL ADDRESS: [email protected] ONLY IF YOU WISH TO SEND A NOTICE EMAIL IN ACCORDANCE WITH CLAUSE 15 OF THE TERMS – THE “RETURNS PROCEDURE”. PLEASE NOTE: TO BE EFFECTIVE AN E-MAIL IN THIS FORM MUST BE SENT FROM THE E-MAIL ACCOUNT PROVIDED TO THE FAT DUCK LIMITED WHEN THE RELEVANT TICKET WAS ORDERED, AND MUST INCLUDE ALL OF THE RELEVANT TEXT BELOW AND ALL OF THE INFORMATION TO BE INSERTED WHERE REQUIRED IN THE TEXT BELOW)

To: The Fat Duck Limited, by email only

Ticket/order number: [*] (“the Ticket”) (Insert the number of the Ticket and/or order being cancelled)

Ticket/order Date: [*] (Insert the date of the Ticket and/or order being cancelled)

Reservation time and date:

[*] (“the Reservation”)

(Insert time and date of reservation being cancelled: this must be the time and date of the reservation linked to the Ticket and/or order being cancelled. The time and date of the reservation being cancelled must both be specified, and must be the correct reservation time and date for the Ticket/order number quoted above, or this e-mail will not be effective as a Notice Email)

Name of purchaser(s) of the Ticket: [*]

(The name of the purchaser(s) inserted here must be identical to the name of the purchaser(s) provided to us when the relevant Ticket was ordered from us, and must be the correct and identical name(s) for the Ticket/order number quoted above, or this e-mail will not be effective as a Notice Email)

This email is notice and confirmation, and I/we [**] warrant, that the Ticket, the Order, the Reservation and the contract of sale of the Ticket are each and are all hereby immediately and irrevocably cancelled, in accordance with the provisions of Clause 15 of your Terms and Conditions, which I/we [**] confirm I/we [**] have read and accept.

Yours sincerely,

Name(s): [*] (Insert name(s) of person(s) sending this e-mail)

[*] Complete as appropriate

[**] Delete as appropriate

V.08/2022

14. YOUR RIGHT TO CANCEL A PURCHASE CONTRACT

Your legal rights set out in this clause 14 are separate to any legal rights you may have under clauses 11, 15, 17, 18 or 19, as or if applicable

14.1. If you are a consumer customer, you have a legal right to cancel a Purchase Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 14.2. If you are a private individual customer or a business customer, we grant you a legal right to cancel a Purchase Contract during the period set out below in clause 14.2 that is equivalent to a consumer customer’s right to do so under those Regulations during that period. This means, whether you are a consumer customer, a private individual customer or a business customer, that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Ticket, you can notify us of your decision to cancel the Purchase Contract and receive a refund. If you are a consumer customer, advice about your legal right to cancel the Purchase Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

14.2. Your legal right to cancel a Purchase Contract starts from the date of the Ticket Confirmation (the date on which we email you to confirm our acceptance of your order), which is when the Purchase Contract between us is formed. Your deadline for cancelling the Purchase Contract is the end of 14 days after the day on which you receive the Ticket. Example: if we provide you with a Ticket Confirmation on 1 January and you receive the Ticket on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

14.3. To cancel a Purchase Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to send us an email at [email protected] clearly setting out that you wish to cancel .If you use this method we will email you to confirm we have received your cancellation. If you are emailing us or writing to us you must include details of your name and order number or Ticket number(s) and your Reservation to help us to identify it. If you send us your cancellation notice by email then your cancellation is effective from the date you send us the email. 


14.4. If you validly cancel your Purchase Contract we will:

(a) refund you the price you paid for the Ticket.
(b) make any refunds due to you as soon as possible and in any event within 14 days after the day on which you send us the email;


(i) if you have cancelled by using the cancellation form on our site: 14 days after the day on which we receive your cancellation form;
(ii) if you have cancelled by sending us an email: 14 days after the day on which you send us the email;
(iii) if you have cancelled by post: 14 days after the day on which you provide us with evidence that you have sent your cancellation by post or 14 days after we receive your cancellation, whichever is the earlier;
(iv) if you have not received the Ticket: 14 days after you inform us of your decision to cancel the Purchase Contract.
14.5. If you have returned the Ticket to us under this clause 14 because it is faulty or mis-described, we will refund the price of the Ticket in full.

14.6. If you are a consumer customer, we are under a legal duty to supply Tickets that are in conformity with these Terms. If you are a consumer customer, you have legal rights in relation to Tickets that are faulty or not as described and these legal rights are not affected by your right of refund in this clause 14 or anything else in these Terms. If you are a consumer customer, advice about your legal rights is available from your local United Kingdom Citizens' Advice Bureau or Trading Standards office.

(Complete and return this form only if you wish to either cancel an order before you receive your Ticket or if you wish to withdraw from the contract in accordance with clause 14 of the Terms. You can return this form by email to us at [email protected] or by post to us as at The Reservation Team, The Fat Duck Limited, High Street, Bray, Berkshire, SL6 2AQ, United Kingdom)

To The Fat Duck Limited

I/We [*] hereby give notice that I/We [*] cancel my/our [*] order/Ticket [*] for The Fat Duck, as follows::

Ticket/order Number [**]:

Order date/date Ticket received [*]:

………………………………………..20

(Date) (Month) (Year)

Name of purchaser(s),

Address of purchaser(s),

Signature of purchaser(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate

[**] This is the same number and appears on the Order Receipt and the Ticket

15. RETURNS PROCEDURE

ANY RIGHTS YOU HAVE IN ACCORDANCE WITH WHAT WE SAY IN THIS CLAUSE 15 ARE SEPARATE TO ANY LEGAL RIGHTS YOU MAY HAVE UNDER CLAUSES 11, 14, 17, 18 OR 19, AND TO ANY STATUTORY RIGHTS YOU MAY HAVE.

READ THIS CLAUSE IN CONJUNCTION WITH CLAUSES 1.2 (A) AND 20.2

15.1. You agree we will become liable to pay you (being the purchaser of the relevant Ticket from us) an amount equivalent to the price you paid us for the Ticket (but excluding any delivery or administrative charges or other fees or costs you have paid) (Price) in accordance with, and in the circumstances set out in, sub-clauses 15.2, 15.3, 15.4 and 15.5 of this clause 15 (Returns Procedure).

15.2. We will pay you (being the purchaser of the relevant Ticket from us) the Price, but only after the expiry of three working days from the Reservation Date linked to the relevant Ticket, and only provided that:

15.2.1 by no later than 12 p.m. U.K. time on the 28th day before your Reservation Date we have received an email (Notice Email), that complies with the requirements set out in this clause 15.2.1 (and that also complies with, as applicable, the requirements set out in clause 15.3). The requirements set out in this clause are that a Notice Email must:


- warrant and confirm that you are the purchaser of the relevant Ticket and that you purchased the relevant Ticket from us or, if you are not the purchaser of the relevant Ticket from us, that you are authorised and instructed by the purchaser of the relevant Ticket from us and anyone having an interest in the relevant ticket, to send the Notice Email) and that you have done so on behalf of the purchaser of the relevant Ticket from us and anyone having an interest in the relevant ticket;


- warrant and confirm that you are or, if you are not the the purchaser of the relevant Ticket from us, that purchaser confirms that it, he or she is, immediately and irrevocably cancelling the relevant Purchase Contract(s) and the relevant Ticket and the Reservation linked to the relevant Ticket;
warrant and confirm that you have, or if you are not the purchaser of the relevant Ticket from us, that you are doing so on behalf of that purchaser as his authorised agent and that it, he or she has, received and will receive no payment, in money or otherwise, directly or indirectly from or on behalf of any person in return for sending us the Notice Email; and, additionally, only provided that 15.2.2 by no later than 4 p.m. U.K. time on the 2nd day before the Reservation Date linked to the relevant Ticket which is the subject of the Notice Email we have sold to (and received full payment from) a new guest (New Guest) a new Ticket (New Ticket) for the same (or a greater) price than the Price, and the New Ticket is linked to a Reservation that is exactly the same as the Reservation linked to the relevant Ticket which is the subject of the Notice Email including in respect of the Reservation Date and number of guests..


15.3. If you want to send us a Notice Email, a Notice Email must be sent to us at [email protected], and to be effective a Notice Email must also be sent to us from the email account of the purchaser (or person, if different) provided to us when the relevant Ticket was ordered from us. To be effective a Notice Email must include the name of the purchaser of the relevant Ticket from us (which must be identical to the purchaser’s name that was provided to us when the relevant Ticket was ordered from us), the Ticket number and the Reservation Date (time and date must be specified) linked to the relevant Ticket. A pro-forma Notice Email is attached as a schedule to these Terms.

15.4. If we receive a Notice Email, you agree that the cancellation(s) of your (or the relevant) Purchase Contract(s), your (or the relevant) Ticket and the Reservation(s) linked to your (or the relevant) Ticket you accordingly effect are immediate and irrevocable.

Returns Policy Form

(Complete this form only if you wish to give us notice in accordance with clause 15 of the Terms)

Notice Form

To be successfully completed and effective as a Notice Form all elds must be completed.

To: The Fat Duck Limited Ticket number: [*] (“the Ticket”)

(Insert the number of the Ticket being cancelled) Ticket Date: [*]

(Insert the date of Ticket being cancelled) Reservation time and date: [*]

(“the Reservation”)

(Insert time and date of reservation being cancelled: this must be both the time and date of the reservation linked to the Ticket being cancelled or this form will not be successfully completed and will not be effective as a Notice Form)

Name of purchaser(s) of the Ticket: [*]

(The name of the purchaser(s) inserted here must be identical to the name of the purchaser(s) provided to us when the relevant Ticket was ordered from us or this form will not be successfully completed and will not be effective as a Notice Form)

I notify, con rm and warrant, that the Ticket, the Reservation and the contract of sale of the Ticket are all immediately and irrevocably cancelled on my successful completion of this form.

I warrant and con rm: that I am the purchaser of the Ticket; that I purchased the Ticket from The Fat Duck Limited; that I am entitled to complete this form; that I have received and will receive no payment, in money or otherwise, directly or indirectly from or on behalf of any person in return for completing this form.

Or, if I am not the purchaser of the Ticket from The Fat Duck Limited, I warrant and con rm: that I am authorised and instructed by the purchaser of the Ticket from The Fat Duck Limited to complete this form on their behalf and as their authorised agent; that the purchaser has received and will receive no payment, in money or otherwise, directly or indirectly from or on behalf of any person in return for me completing this form.

Date: [*]

(Insert date this form is completed)

Name:[*]

(Insert name of person completing this form) [*] Complete as appropriate

The Fat Duck Limited ("we") is committed to protecting and respecting your privacy.

This Privacy Policy, together with our website (thefatduck.co.uk) (“our site”) Terms and Conditions (which include the terms of use of our site, this Privacy Policy and any other documents referred to on our site or in our site Terms and Conditions) sets out the basis on which any personal data and/or personal information we collect from you, or that you provide to us, or that we receive from other sources, will be processed, stored, disclosed or disseminated by us. Please read the following carefully to understand our views and practices regarding your personal data and your personal information and how we will treat it.

By:

- visiting www.thefatduck.co.uk;

- you or someone else on your behalf ordering or paying for any goods or services you order (or someone else on your behalf orders) and/or purchase from us where you or someone else pays us in cash or otherwise than in cash;

- paying for any goods or services you purchase from us where you pay us or we are paid through or via a third party payment intermediary or gateway (which might include Stripe Payments Europe Limited (“Stripe”)), such as a third party who provides purchasers of goods or services with a web-based or on-line platform or portal or service through, via or by using which purchasers can make payments including, for example, in such a way as to preserve the confidentiality of the purchaser’s financial and credit or debit card information (we will refer to such a third party as a “payment intermediary”);

- paying for any goods or services you purchase from us where in paying us you or someone else uses or involves a payment intermediary;

- entering into a transaction with us where a payment intermediary is involved; or by

- you or someone else on your behalf making a reservation relating to our restaurant at The Fat Duck, High Street, Bray SL6 2AQ, United Kingdom (the “Premises”).

you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is The Fat Duck Limited (company number 03677212), whose Registered Office address is at Unit B, Tectonic Place, Holyport Road, Maidenhead, Berkshire, United Kingdom, SL6 2YE. Information we may collect from you

We may collect, process, store, disclose and disseminate the following data about you, and you consent to us doing so:

Information you give us. You may give us information about you by filling in forms on our site (www.thefatduck.co.uk) or by corresponding or interacting with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service or to receive information, place an order or make a purchase on our site, or by phone or otherwise, participate in social media functions on our site, enter a competition(s), promotion(s), ballot(s) or survey(s), and when you report a problem with our site. This also includes information you provide when payment is made, or an order is placed, or a contract or a reservation is made or cancelled, or in connection with payment or an order or a contract or reservation, for any goods or services ordered or purchased from us or reservation(s) made with us, including when we are paid in cash or otherwise than in cash, and/or through, via, by using or by involving a payment intermediary (which might include Stripe). This also includes information you provide where, in respect of any transaction you enter into with us, a payment intermediary is involved. The information you give us and/or a payment intermediary (which might include Stripe) may include your name, address, e-mail address and phone number, financial and credit or debit card information, personal description, details of goods or services you have ordered or purchased or of a reservation(s) you have made with us and your photograph.

Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:

technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;

information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

Information we receive from other sources. We may receive information about you if you use any other website(s) we operate or any other service(s) we provide or if third parties order, purchase or cancel goods or services from us, or make or cancel reservations, on your behalf. We are also working closely with third parties and may do so in future with different or additional third parties (these include or might include, for example, one or more payment intermediary, which might include Stripe, and/or business partners who might include one or more payment intermediary) and we may receive information about you from them. The information we receive from other sources may include your name, address, e-mail address and phone number, financial and credit or debit card information, personal description, details of goods or services you have ordered or purchased or of a reservation(s) you have made with us, and photograph.

Cookies

Our website may use cookies to distinguish you from other users of our website. The websites of our partners to which you link from or to our website, do or may use cookies to distinguish you from other users of our website or those websites. Use of cookies helps provide you with a good experience when you browse our website or the websites of our partners and also allows us and our partners to improve our sites.

Uses made of the information

We use information held about you in the following ways, and you consent to us doing so:

Information you give to us. We will, or may, use this information:

to carry out our obligations arising from any contracts or reservations entered into between you and us and to provide you with the information, products and services that you request from us;

to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services we provide similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way please do not tick the relevant boxes situated on the form on which we collect your data;

to provide you with information about goods or services we provide we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services we provide similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer we will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way please do not tick the relevant boxes situated on the form on which we collect your data ;

to notify you about changes to our service;

to ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect about you. We will use this information:

to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

to allow you to participate in interactive features of our service, when you choose to do so;

as part of our efforts to keep our site safe and secure;

to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them;

to enter you into any competition, promotion, ballot or survey.

Information we receive from other sources. We may combine this information with information you give to us and information we collect about you. Depending on the types of information we receive, we may use this information and the combined information for the purposes set out above.

Disclosure of your information

Except for any of your financial and/or credit or debit card information, we may share your personal information (including information you give to us, information we collect about you and information about you we receive from other sources) with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006, and you consent to us doing so.

We may share your personal information (including information you give to us, information we collect about you and information about you we receive from other sources, and which may include if necessary, your financial and/or credit or debit card information), and you consent to us doing so, with selected third parties including:

If necessary, business partners, suppliers and sub-contractors for the performance of any contract we enter into with them.

If necessary, business partners, suppliers and sub-contractors for the performance of any contract or reservation we enter into with you.

If necessary, any payment intermediary (which might include Stripe) involved in relation to:

any transaction you enter into or any order you place with us;

any reservation you make; or

any purchase you make from us or any refund or payment you are due from or entitled to from us;

for the performance of any contract we enter into with them or you. For example, we might be obliged by a payment intermediary to share your personal information (and which may include if necessary, your financial and/or credit or debit card information) with that payment intermediary in respect of a transaction you enter into, or an order you place, with us or in respect of a purchase you make from, or a reservation you make with, us where that payment intermediary is involved.

Any other party or person we are required to share your personal information with by any payment intermediary involved in relation to any transaction you enter into, or in relation to any order you place, with us or in relation to any purchase you make from, or reservation you make with, us for the performance of any contract we enter into with any payment intermediary or you. For example, we might be obliged by a payment intermediary to share your personal information with that payment intermediary’s bank in respect of a transaction you enter into, or an order you place, with us or in respect of a purchase you make from us where that payment intermediary is involved.

Analytics and search engine providers that assist us in the improvement and optimisation of our site, but we will not, for these purposes, provide analytics or search engine providers with any financial and/or credit or debit card information you have given to us.

We may disclose your personal information (including information you give to us, information we collect about you and information about you we receive from other sources) to third parties, and you consent to us doing so:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets, but we will not, for these purposes, provide such prospective buyers or sellers with any financial and/or credit or debit card information you have given to us;

If The Fat Duck Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;

If we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation, or in order to enforce or apply our site Terms and Conditions of use and other agreements; or to protect the rights, property, or safety of The Fat Duck Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where we store your personal data

The data and information that you give to us, we collect about you and we receive from other sources may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers, for one of our business partners or for one or more payment intermediary (which might include Stripe) or for business partners of, suppliers to and sub-contractors of one or more payment intermediary (which might include Stripe). Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment or of a refund, the processing of your payment details and/or the provision of support services. By submitting your personal data to us and/or to one or more payment intermediary (which might include Stripe), you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at Unit B, Tectonic Place, Holyport Road, Maidenhead, Berkshire, United Kingdom SL6 2YE.

Our site may, from time to time, contain links to and from the websites of our partner networks (which might that of include Stripe and/or another payment intermediary(s)), advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our Privacy Policy

Any changes we may make to our Privacy Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Privacy Policy.

Contact

Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to The Fat Duck Limited, Unit B, Tectonic Place, Holyport Road, Maidenhead, Berkshire, United Kingdom SL6 2YE.

These terms of website use (the "Terms of Use"), which incorporate and include the Privacy Policy, apply to the entire contents of this website under the domain www.thefatduck.co.uk (the "Website") and to any correspondence by email between you and the Company. Please read the Terms of Use and the Privacy Policy carefully before using the Website. By using the Website, or by asking someone else to use the Website on your behalf (for example to order goods or services or to make a reservation via the Website on your behalf) you indicate that you accept the Terms of Use (including the Privacy Policy) and that you agree to abide by them. If you do not agree to the Terms of Use (including the Privacy Policy), please refrain from using the Website immediately. The Privacy Policy also sets out other ways in which you will accept the Terms and Conditions set out in the Privacy Policy.

1. INFORMATION ABOUT US

The Website is operated by The Fat Duck Limited (the "Company), registered in England and Wales under company number 03677212 and with its registered office at Unit B, Tectonic Place, Holyport Road, Maidenhead, Berkshire, United Kingdom, SL6 2YE.

2. ACCESSING THE WEBSITE

2.1 Access to the Website is permitted on a temporary basis, and the Company reserves the right to withdraw or amend the, or any, service(s) provided on the Website without notice at any time. The Company will not be liable if for any reason the Website is unavailable at any time or for any period.

2.2 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 terms, and that they comply with them.

2.3 You may only use our Website for lawful purposes.

3. INTELLECTUAL PROPERTY RIGHTS AND LICENCE

3.1 You are permitted to print and download copies and extracts from the Website for your own personal non-commercial use provided that:

3.1.1 no material either printed or downloaded from the Website is modified in any way;

3.1.2 no illustrations, photographs, or any graphics on the Website are used separately from any accompanying text;

3.1.3 the Company's status (and that of any identified contributors) as the authors of material on the Website is acknowledged and that this permission notice appears on all copies made.

3.2 Unless otherwise stated, the copyright and all other intellectual property rights in the material published on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. These works are protected by copyright laws and treaties around the world.

3.3 Subject to clause 3.1, 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 the Company's prior written permission.

3.4 Any other use of extracts or copies from the Website other than in accordance with clause 3.1 above for any purpose is prohibited.

3.5 If you breach any of these terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded extracts or printed copies or extracts you have made from the Website.

3.6 Any rights not expressly granted in these terms are reserved.

4. LIABILITY

4.1 Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other Terms and Conditions relating to any such product(s) or service(s)), the content on the Website is provided on an "as is" basis and is subject to change at any time at the Company's sole discretion. If the need arises, the Company may suspend access to the Website, or close it indefinitely. The Company does not make any warranty, representation or guarantee as to the availability of the Website.

4.2 The content on the website is not intended to amount to advice on which reliance should be placed. The Company therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website or by anyone who may be informed of any of its contents.

4.3 Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other Terms and Conditions relating to any such product(s) or service(s)): (i) the content on the Website is provided without any guarantees, conditions or warranties as to its accuracy; and (ii) any of the material on the Website may be out of date at any given time, and the Company is under no obligation to update such material.

4.4 Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other Terms and Conditions relating to any such product(s) or service(s)), to the extent permitted by law the Company, other members of its group of companies and third parties connected to the Company hereby expressly exclude:

4.4.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

4.4.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

a) loss of income or revenue;

b) loss of business;

c) loss of profits or contracts;

d) loss of anticipated savings;

e) loss of data;

f) loss of goodwill;

g) wasted management or office time; and

h) 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;

but this does not affect the Company's liability for death or personal injury arising from the Company's negligence, nor the Company's liability for fraudulent misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

5. PRIVACY

5.1 The Company collects and may receive and stores and processes and may use and disclose information about you in accordance with its Privacy Policy and this includes information the Company receives from, or must provide to, any payment intermediary you use in relation to any transaction you enter into or try to enter into with the Company. Please read the Privacy Policy carefully.

5.2 By using the Website, and/or in the other ways set out in the Privacy Policy, you consent to such collection and receipt, storage and processing, and use and disclosure, and you warrant that all data provided by you is accurate.

5.3 The Company is committed to protecting your privacy and observing its obligations under the Data Protection Act 1998.

5.4 By making an enquiry of the Company via email, or by sending an email to the Company, or by entering into a transaction with the Company via the Website, or by accessing and/or using the Website, or by entering into or trying to enter into any transaction with the Company where you use a payment intermediary (which may include Stripe Payments Europe Limited), you may provide personal information, such as your name and email address or other personal information, to third parties who are not subject to our Privacy Policy, and which may be disclosed by them, without your consent, to authorised service providers, or others (such as law enforcement agencies) if it is in the public interest , or they are legally obliged, to do so However, by accessing and/or using the Website, and/or in the other ways set out in the Privacy Policy, you consent to the Company using your personal information for the Company’s marketing purposes.

5.5 Subject to the provisions of the Privacy Policy, the Company will take all reasonable measures to collect, process, record and store your personal information timely, accurately and securely.

5.6 The Company currently does not use technology to track the behavioural patterns of visitors to this website. The Company may decide that to serve you better it will in the future. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening. Information collected in this way can be used to identify you unless you modify your browser settings.

5.7 In the event of any inconsistency between the Terms of Use and the Privacy Policy, the terms of the Privacy Policy will prevail.

6. VIRUSES, HACKING AND OTHER OFFENCES

6.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to our site. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

6.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

6.3 Subject to any specific terms to the contrary (or which are inconsistent with the following provision) on or in any specific section(s) of the Website (for example on or in any section(s) of the Website offering any product(s) or service(s) for sale, or any contractual or other Terms and Conditions relating to any such product(s) or service(s)), the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

7. LINKING TO THE WEBSITE

7.1 If you would like to link to the Website, you may do so subject to the following conditions:

7.1.1 You link only to the home page of the Website and do so in a manner that is fair and legal and which does not replicate the Website in any way;

7.1.2 You do not remove, distort or otherwise alter the size or appearance of The Fat Duck logo or any other content on the Website;

7.1.3 You do not create a frame or any other browser or border environment around the Website;

7.1.4 You do not in any way imply that the Company is endorsing any products or services other than its own;

7.1.5 You do not misrepresent your relationship with the Company nor present any other false information about the Company;

7.1.6 You do not otherwise use any trade marks displayed on this website without express written permission from the Company;

7.1.7 You do not link from a website that is not owned by you; and

7.1.8 Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

7.1.9 You represent and warrant that your website or the server that hosts your website is free from viruses or other forms of harmful computer code and that you have taken all reasonable steps to ensure that this is the case.

7.2 The Company expressly reserves the right to revoke the linking permission granted in clause 7.1 without notice and to take any action it deems appropriate.

7.3 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of this clause 7.

8. LINKING FROM THE WEBSITE

8.1 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

8.2 The Company expressly reserves the right to revoke the right granted in paragraph 3.1 for breach of these terms and to take any action it deems appropriate.

8.3 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 3.1.

9. JURISDICTION AND APPLICABLE LAW

9.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website although the Company retains the right to bring proceedings against you for breach of these Terms of Use (including and incorporating the Privacy Policy) in your country of residence or any other relevant country.

9.2 These Terms of Use (including and incorporating the Privacy Policy) and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

10. TRADE MARKS

“Heston Blumenthal", "The Fat Duck", "The Perfectionists' Cafe" and "Dinner by Heston Blumenthal" are UK registered trademarks owned by Heston Blumenthal, The Fat Duck group of companies and the Lowenthal group of companies.

11. VARIATIONS

11.1 The Company may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes the Company makes, as your continued use of the Website will constitute deemed acceptance of any updated or amended terms. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website.

11.2 The Company may revise the Privacy Policy at any time by amending the relevant page on the Website in accordance with the section headed “Changes to our Privacy Policy” on that page. You are expected to check this page from time to time to take notice of any changes the Company makes, as your continued use of the Website will constitute deemed acceptance of any updated or amended terms of the Privacy Policy.

12. SEVERANCE

If any court or competent authority finds that any provision of this agreement, including the Privacy Policy, (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.

If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

13. FORCE MAJUERE

The Company shall not be in breach of this agreement or of the Privacy Policy, nor liable for delay in performing, or failure to perform, any of its obligations under this agreement or the Privacy Policy, if such delay or failure result from events, circumstances or causes beyond its reasonable control, and in such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.