Terms and Conditions

The Social Commerce Platform Limited General Terms and Conditions of Use

 

Version: 12th January 2022

1.        Introduction

  1. This website is operated by The Social Commerce Platform Limited (“SCPL”, “we”, “us” or “our”). SCPL helps its users purchase tickets (“Tickets”) for events and experiences (the “Experience”) using its online platform: www.lovetovisit.com (“the website”, “the Site”, “the Platform”). We are not a travel or tour agency/operator and we do not provide the Experience ourselves. The Experience is provided by the company or organisation selling the Experience (“the Merchant”).
  2. Wherever we refer to Ticket or Tickets, such reference should be interpreted as being either singular or plural, as applicable to the relevant purchase.
  3. We are registered in England and Wales under company number: 13386956 and have our registered office at Gilfach Gower, Argoed Road, Ammanford, Wales, SA18 2PR. Our VAT number is 387 0710 83
  4. We can be contacted either in writing at our registered office address outlined above, or via email on [email protected], or by telephone on 029 2252 5683.
  5. When we refer to “you” or “your” we mean any person who accesses or uses the Platform to purchase Tickets for an Experience.
  6. Please read these terms and conditions carefully before ordering from our website. By creating an account on the website and/or placing an order for a Ticket through the Platform, you agree to be bound by these terms and conditions.

1.        The contract between us

  1. The information on the TSCP Platform is for general informational purposes only and does not constitute an offer that binds TSCP. Upon your selection of the desired products or services offered by the Supplier, we show you the information about these products and services, which information you can use to submit an Order.
  2. Quality of information. We aim to ensure an overall high quality of the information published on the TSCP Platform, although we do not warrant in any way that all information is correct, complete, up-to-date, accessible and tailored to specific customer needs. We also may change, add or remove any information on the Love to Visit Platform at our sole discretion.
  3. Order Amount. We state the total value of the Order (the “Order Amount”), which includes VAT, fees, discounts and other applicable taxes, in the checkout. Special conditions may apply to the Order Amount, as displayed by the Supplier in the product description.
  4. Payment. Following the Order, we show the available currencies and payment methods in the payment process and facilitate such process on behalf of the Supplier with our payment service provider. If we, via our payment service provider, do not receive authorisation for your payment of the Order Amount, we will notify you that the transaction has failed.
  5. Fulfilment of the Order. We do our best to deliver the admission tickets related to the Supplier’s products or services (the “Tickets”) to you as soon as possible after successful payment of the Order. However, if it turns out the Supplier is unable to provide the Tickets, the Supplier is entitled to modify or cancel your Order within 48 hours after successful payment, following which the Order Amount will be refunded.
  6. “TSCP is an intermediary. We facilitate an agreement via the Platform between you, the customer, and the Supplier (the “Agreement”) on behalf of the Supplier. Our contractual relationship with you (and the relationship between you and our sub-agents) is therefore limited to the correct referral of your confirmation of the order intended for the Supplier with whom you would like to enter into the Agreement (the “Order”) and the transfer of data we receive in order to facilitate the order. TSCP is not an organiser or retailer of travel packages under Directive (EU) 2015/2302.”
  7. Limitation of liability. The liability of TSCP is at all times limited to the use of the TSCP platform and the facilitation of the Agreement and will never extend to any damages suffered in relation to the use of the products or services provided by the Supplier. Any damages for which we are liable will not exceed the total Order Amount.
  8. No guarantee or warranty. We do not provide you with a guarantee or warranty relating to (i) the availability, uninterrupted functioning, quality or completeness of the TSCP Platform; (ii) the information included on the TSCP Platform, which is solely displayed for information purposes, including the availability of Tickets, currency conversion rates, in particular that this information is correct, complete, and up-to-date; (iii) third-party content or websites that may be available through or linked to the Love to visit Platform.
  9. No guarantor position for Supplier’s products or services. We do not assume any responsibility or liability for the products or services offered by the Supplier under the Agreement or information relating to such products or services, or the data forwarded via the TSCP Platform to you by the Supplier or third parties. In addition, although the TSCP Platform is a curated product, it does not constitute and should not be seen as a recommendation or endorsement of the quality, service level, qualification or rating of the Supplier or any of its products or services.

2.      The contract between you and the Merchant / using your Ticket

1.        SCPL will issue the Ticket to you. The Ticket (or the communication in which the Ticket is delivered) will set out the details of the headline deal (including the Merchant's details and the Experience (i.e. the event or attraction you wish to attend for which the Ticket has been purchased) and details of how to redeem the Ticket with the Merchant.

2.      The Ticket is valid until the expiry date stated on the face of the Ticket upon which it expires and is no longer valid (the “Expiry Date”). After the Expiry Date the Ticket will be void and (i) the Merchant will not provide the Experience; (ii) we will not accept a request to redeem for another Ticket and (iii) you will not be able to receive a refund for your Ticket.

3.      When you redeem a Ticket with a Merchant you enter into a separate contract with the Merchant (“the Merchant Contract”). The Experiences are provided by the Merchant named on the Ticket. The Merchant has a legal duty to supply the Experience in conformity with the terms of the Merchant Contract. Please note that the Merchant is solely responsible for:

4.      providing the Experience to you; and

5.      the Experience.

6.      If you have any complaint in relation to the Experience you should contact the Merchant directly.

7.       Each Ticket is sold subject to the description on the Platform (including but not limited to the Merchant Contract) which sets out additional specific conditions related to that Experience including, without limitation, terms and conditions concerning estimated delivery dates and times, availability and warranties (each as applicable). We will take reasonable care to check with the Merchant to ensure that all details, descriptions and prices of Experiences appearing on the Platform are correct but please note that the details and descriptions are provided to us by the applicable Merchant and we cannot be held responsible for any inaccuracies. As we aim to keep the Platform as up to date as possible, the information appearing on this Platform at a particular time may not always reflect the position exactly at the moment you placed your order.

8.      The images of the Experiences on the Platform are for illustrative purposes only. Your Experience may vary slightly from those images. 

9.      Reproduction, sale, resale or trade of a Ticket is prohibited and we reserve the right to cancel any Ticket, at our discretion, if we believe that you have not complied with the provisions of this clause.

10.   It is at the discretion of the Merchant whether a Ticket can be combined with any other tickets, vouchers, offers, promotions, coupons or gift certificates on redemption of the Ticket at the Merchant.

11.     It is at the discretion of the Merchant whether to accept a Ticket for an alternative Experience to the Experience for which the Ticket was purchased. Where a Ticket is redeemed at a Merchant for an alternative Experience, there is no entitlement to a refund if the Experience received has a value which is less than the Ticket's stated face value.

12.    Except where expressly stated, Tickets can only be redeemed in their entirety and may not be redeemed in part and/or instalments.

13.    Neither we nor the Merchant are responsible for lost or stolen Tickets.

14.    To ensure you get the best service, if after you have redeemed your Ticket with a Merchant, the applicable Merchant informs us that they are no longer able to fulfil your order, we might share your information with an alternative Merchant who is able to provide you with the same or similar Experience as the Experience for which the Ticket was purchased ("Alternative Tickets"). We will inform you if we are able to provide you with Alternative Tickets. If you do not wish to receive the Alternative Tickets, please respond to the communication advising you of the Alternative Tickets, or otherwise contact us, to let us know.

3.      Electronic Communication

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

4.      Price and Delivery Charges

1.        The price of any Ticket or Tickets and any applicable delivery charge will be as quoted on the Site from time to time (inclusive of VAT (if applicable)), except in cases of obvious error as set out in clause 5.2 below. 

2.      It is always possible that, despite our best efforts, some of the Tickets listed on the Site may be incorrectly priced. We are under no obligation to issue any Ticket to you at the incorrect (lower) price. Furthermore, Merchants are not obliged to accept any issued Ticket if the pricing error was obvious and unmistakable and could have reasonably been recognised by you as a mispricing. In these instances, you will receive a full refund of the price paid for the Ticket.

3.      For certain Tickets, we may charge an administration fee. If an administration fee is charged, this will be indicated on the Platform. Administration fees are calculated based on the total value of the order you are placing and not related to the price of a specific Ticket.

5.      Availability and Delivery

1.        Your order for a Ticket will be fulfilled within a reasonable timeframe, unless there are exceptional circumstances beyond our control (see clause 12 as a whole below), however, you acknowledge that delivery is subject to liaison with the Merchant and we are not liable for any delay caused by the Merchant. Tickets will be at your risk from the point of delivery (whether electronic or physical).

2.      If you have not received your Tickets by the estimated delivery date, please contact the Merchant as soon as possible.

3.      In some cases, delivery will only be made to the billing address provided at checkout. If the delivery address and the billing address do not match in these cases, a Merchant Contract will not be formed and a refund of the price paid will be issued. 

4.      For age restricted products, delivery will only be made once we have verified your age. If we do not receive your photo identification evidencing your age as requested, a Merchant Contract will not be formed and a refund of the price paid will be issued.

 

6.      Complaints/Faults with the Ticket

1.        Once you have purchased your Ticket you will have a separate contract with the Merchant to supply the Experience. If you need help with your order or have a complaint about the Experience, in the first instance your complaint should be addressed to the Merchant directly who should be able to answer any concerns that you may have.

2.      If you have a question or complaint about the Platform, how we operate, or a Ticket that you have not yet used you can contact us as follows: via the contact us form on the website

3.      We aim to provide an initial response to all questions and complaints within 72 hours. Please note that as the Merchant has specialist knowledge of the Experience, when you contact us we may need to, and you agree that we may, contact the Merchant asking them to look into your concern and, if we deem it appropriate, ask them to reply to you directly.

7.       Cancellation/refunds

1.        No statutory right of withdrawal. The statutory legal reflection period and the right of withdrawal (as included in the EU Directive on distant sales) do not apply to contracts for services to be performed on a specific date or within a specific period, including Tickets offered via the Platform.

2.      Cancellations, changes and refunds. When the Agreement is binding between you and the Supplier, your request for a change of date or time of the Tickets, cancellation of the Agreement or a full or partial refund of the Order Amount should be directed at, and can be facilitated at the sole discretion of the Supplier. There is no statutory obligation forcing Suppliers to facilitate such request. The applicable possibilities relating to cancellations are communicated by the Supplier via the product description on the Platform and the email related to the delivery of the Tickets that was sent to you. If granted by the Supplier, cancellations, changes or requests can be processed via TSCP. To cover costs of cancellations and refunds facilitated by the Supplier, a fee equal to 5% of the Order Amount applies. Refunds can be requested until 28 days after the date for which your Tickets are valid.

8.      Limitation of Liability

1.        Nothing in this clause (clause 9 as a whole) is designed to, or should be construed as an attempt to, limit or exclude our liability to you for:

a.       death or personal injury caused by our negligence; 

b.      loss caused by our committal of fraud; 

c.       loss caused by fraudulent misrepresentations made by us; and

d.      any claim brought under the following sections of the Consumer Rights Act 2015: 9,  10, 11, 12, 13, 14, 15, 16, 17, 18, 34, 35, 36, 37, 38, 39, 40, 41, 49, 50, 51, 52.

2.      Subject to clauses 9.3 - 9.5 below, our liability for losses you suffer as a result of us breaking these terms and conditions is strictly limited to the purchase price of the Ticket. We will only be liable for foreseeable loss and damage caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the applicable contract was made, both we and you knew it might happen. 

3.      We will not be liable for losses that result from our failure to comply with these terms and conditions where such losses fall into one or more of the following categories even if such losses result from our deliberate breach:

a.       loss of income or revenue;

b.      loss of business;

c.       loss of profits;

d.      loss of anticipated savings;

e.       loss of data;

f.        waste of management or office time; or

g.      indirect, special or consequential loss.

4.      We will not accept any liability for any loss of a third party arising from third party use of a Ticket provided to you by us.

5.      We shall not be liable to you for any injury, loss, damage, cost or expense caused by your negligence or wilful misconduct or by breach by you of your obligations under these terms and conditions.

9.      Links to Third Party Websites

1.        The Website may contain hyperlinks to websites operated by parties other than us ("Third Party Sites"). Such hyperlinks are provided for your reference only. Their presence on the Site does not signify any endorsement by us of the material on such Third Party Sites nor any association with their operators.

2.      We do not control Third Party Sites and are not responsible for their contents, or the privacy or other practices of those that own and operate them.

3.      It is your responsibility to ensure that whatever hyperlinks you select and/or software you download (whether from the Website or Third Party Sites) are free of viruses.

4.      In some cases you may be asked on a Third Party Site if you wish to link your profile on our Platform to a profile on such Third Party Site. Choosing to do so is optional. If you decide to link your profiles and you later wish to disable such link, you should contact the Third Party Site.

10.   Data Protection/Privacy

1.        We shall only use and process your data to the extent allowed by the provisions of the Data Protection Act 2018, the UK GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

2.      By placing an order through the Platform you agree that we may process and use your personal data in accordance with the terms of our Privacy Policy.

3.      Like many online commerce platforms we use Cookies. For more information about how we use Cookies please refer to our Privacy Policy

11.     Events Outside Our Control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. Such events may include, but are not limited to:
  2. Any breakages or other problems with a Merchant or other third party’s Application Programming Interface not caused by us that renders our Platform unable to communicate with the Merchant;
  3. A security breach caused by a malicious third party attack that breaches our online security defences;  
  4. The Merchant becoming insolvent or entering administration;
  5. A global pandemic;
  6. An Act of God.
  7. The Site relies in part on software to work. Software has bugs. Whilst we monitor the Site and try to fix bugs promptly, we do not guarantee that the Site will be error free, available all the time and/or free from viruses.

12.    Waiver

  1. If we fail, at any time to insist upon strict performance of any of your obligations under this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
  3. No waiver shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

13.    Third Party Rights

These terms and conditions shall not create any rights, entitlement, claims or benefits enforceable by any person that is not a party to it. No person, body, institution, organisation or being howsoever incorporated shall derive any benefit or have any right, entitlement or claim in relation to these terms and conditions by virtue of the Contracts (Rights of Third Parties) Act 1999. 

14.    Headings 

The headings used in these terms and conditions are for reference purposes only and should not have, or be construed as having, any effect on its interpretation. 

15.    Severability

If any provision, or part provision, of these terms and conditions is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from the terms and conditions and rendered ineffective as far as possible without modifying the remaining provisions, or spirit, of the same, and shall not in any way affect any other circumstances of, or the validity or enforcement of, these terms and conditions.

16.    Jurisdiction 

These terms and conditions are governed by and should be construed in accordance with the law of England and Wales. Any dispute arising from, or relating to, these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

17.    Entire Agreement

 These terms and conditions and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.