These booking terms and conditions (the booking terms) together with any other documents referred to herein (unless otherwise stated), set out the terms and conditions governing your use of our online booking system (the booking system) when you make a reservation for our café restaurant and book a water taxi on our website https://www.riverexecafe.com/.
These booking terms should be read in conjunction with the following documents which also regulate your presence on our website and your reservation/booking with us:
- Our online terms and conditions of business (for consumers);
- Our Website Terms and Conditions of Use; and
- Our Acceptable Use Policy.
- This booking system is powered by an integrated booking and enquiries software plug in known as Access Collins, provided by Design My Night, which is part of The Access Group. You can find out more information about Access Collins here and about Design My Night here.
- The The River Exe Café Limited (we, us or our) has administration of the booking system and we oversee and manage customer bookings and reservations (made by you on our website, or in store or via telephone) and enquiries for the café restaurant and the water taxis.
- These booking terms are the terms and conditions which govern your use of the booking system and by using the booking system you are deemed to have accepted them.
- The dining services and water taxi services which you book via your use of the booking system are provided to you by the The River Exe Café. Therefore by using the booking system to book a table at the café restaurant /water taxi you are entering into a direct contract with us.
- Your reservation/ booking is also subject to the other terms and conditions and policies set out in the table above. Please make sure you read them carefully.
- For the avoidance of doubt Access Collins, Design My Night and The Access Group are not a party to the contract between you and us.
- In order to make any booking using our booking system you must have the legal capacity to do so, and you must accept financial responsibility for all transactions made under your name. You must make sure that all the information you provide to us is true and accurate.
- When you make a booking for a table at the café restaurant you will be required to pay an up front deposit of £5 per guest. You will be required to pay us on the day for food and drink consumed during your visit. Deposits paid when making a booking will go towards your final bill on the day.
- If you book a water taxi you will be required to pay the full return fare for the water taxi to the skipper at the start of the journey when you are picked up at the customer pick up spot at the Exmouth Marina from the Visitors Pontoon outside The Point Bar, EX8 1XA . Payment by cash or card will be accepted. Return water taxi fares are £7 per guest (14+ years of age). Children under 14 years old travel free.
- Please ensure all guests are included in the reservation when you make your booking (including children and babies) in order to ensure we can allocate the correct number of spaces on our water taxis so that we do not go beyond our licensed capacity. If you need to add or take off guests from your booking please let us know as soon as possible as we have limited space and limited availability. Please see clause 3 for further information about making changes to your booking.
- When you use the booking system to place a booking for a table at our café restaurant and/ or for a water taxi you are making an offer to us to accept your booking. Your booking is not complete and legally binding until such time as we send you a confirmation email accepting your booking.
- Unless you are travelling by your own boat, your selected booking time (which shall be confirmed in your confirmation email) is the water taxi departure time. You must arrive at least 10 minutes before departure. The journey to the café restaurant is approximately 30 minutes one way. You will have 2 hours to spend at the café restaurant. The entire visit including water taxi travel time is 3 hours. Your return journey shall be pre-booked and you shall not be entitled to extend your visit by getting a later water taxi.
- We will aim to send you an SMS txt message 24 hours before your booking, asking you to confirm your attendance but you should not rely on this as a reminder for your booking as there may be circumstances (such as a technical failure) in which we are unable to send an SMS.
- Please ensure that you arrive at the café restaurant in plenty of time for your reservation and bring a copy of your email booking confirmation. If you have prepaid in advance please also bring the credit/debit card you used to make the booking.
- For larger bookings of 11 or more guests, we require a menu pre-order to reach us about one week prior to your booking date. Menus will be sent to the lead guest 3 weeks prior to your reservation with us. Please note that on the day all food and drink items will be presented on a single bill; no separate bills can be offered. A 10% service charge will be added to the bill, this can be removed at your request.
- You should advise us of special dietary requirements, allergies and intolerances and any other relevant information at the time of booking in the relevant section on the booking form. We will do our best to accommodate any special requirements which you have notified us of, but there may be an additional charge. If we cannot accommodate your requirements we will let you know as soon as possible and we will cancel your reservation and refund you any deposit paid.
- If you have any queries or concerns in connection with your reservation/ booking please check the details set out in your confirmatory email or alternatively contact us by email to [email protected] or by telephone on +44 7761 116103.
- You can also find more information about our café restaurant and our water taxi service in our FAQs section on our website.
Cancellations, Booking Modifications and Missed Attendances
- If you wish to cancel your reservation or change the time, date or number of guests on the booking, you can use the hypertext link in the confirmation email or alternatively you can contact us directly using one of the contact methods set out at clause 2.10 above. Please have your booking reference to hand when contacting us to cancel or modify your booking.
- If you decide to cancel your reservation we ask that you inform us as soon as possible and in any event no later than 24 hours prior to the reserved time and date in your reservation. Customers cancelling within this time frame can be offered to reschedule their booking and deposit to be moved accordingly or to receive a refund of any deposit paid less an administration fee of £2 per person on the booking to cover our costs. Refunds shall be made to the original payment method and within 14 days of notice of cancellation. For cancellations made with less than 24 hours to go to the reservation, deposits shall be non-refundable.
- If you do not cancel your reservation but fail to attend the café restaurant at the reserved time and date we shall retain any deposit paid when you made your booking.
- If you decide to reduce the number of guests on your reservation we ask that you inform us as soon as possible and in any event no later than 24 hours prior to the reserved time and date of your reservation. Customers making reductions to guest numbers within this timeframe will still be eligible to deduct the full amount of the deposit paid at the end of their meal. For reductions to guest numbers made with less than 24 hours to go to the reservation (or where you fail to advise us less guests will be attending than the number of guests on your booking,) the per head deposit amount for each missing guest will be retained, any refund will be at our sole discretion.
- If you wish to add guests to your booking, please refer to clause 3.1 above.
- We reserve the right to cancel a booking at any time for any reason without any liability to you other than to refund any deposit paid by you.
- We have, at any time for any reason without prior notification to you, the right to terminate or restrict, suspend or terminate your access to any or all of the booking system if we believe that you are misusing the booking system or you are in breach of these booking terms or our Online Terms and Conditions of Business.
- You are responsible for ensuring that all personal information supplied by you to us is accurate and kept up to date. You must treat your password information as confidential and you must not disclose it to any other person.
- Similar to other commercial websites, our website and our booking system utilises a standard technology called “cookies” and web server logs to collect information about how our website including our booking system is used by customers and how we can improve our service to you. Cookies also enable the functionality of the booking system on our website allowing you to make a booking.
Availability of the Service
- Your access to the booking system is permitted on a temporary basis and we reserve the right to withdraw or suspend the service without notice. We therefore exclude any liability to you for any interruption or lack of availability of the booking system to the extent that we can legally do so.
- You are solely responsible for making all technical and other arrangements necessary for you to access to the booking system on your device. You are also responsible for ensuring that all persons accessing the booking system through your internet connection and account details are aware of these booking terms and comply with them.
- We reserve the right to disable your access to the booking system and, where applicable, any user ID or password issued to you at any time if, in our opinion, you have failed to comply with any of the provisions of these booking terms, or any of the terms and conditions and policies set out at the top of these booking terms.
Restrictions on use
- All copyright, database rights, trademarks, intellectual property rights and other proprietary rights subsisting in our website including in our booking system, and any content made available to you from the same, shall remain our property or the property of our licensors. All such rights are expressly reserved.
- You agree not to use our booking system in such a way as to cause the whole or part of our booking system to be interrupted, damaged, rendered less effective or be otherwise impaired or in any way contrary to applicable law.
- We maintain the highest standards of security, however the transmission of information via the internet is never completely secure. So, whilst we will always do our best to protect your personal information, we cannot ensure the security of your data transmitted to our booking system. Any transmission is at your own risk.
- Once we have received your personal information we will use strict procedures and security features to prevent unauthorised access.
- Nothing in these booking terms shall exclude our liability for death or personal injury arising through negligence or for fraud.
- We do not accept responsibility for any loss, damages or costs suffered or incurred by you arising from viruses or contaminants contracted by you or your device via accessing or using our booking system.
- To the maximum extent allowed by applicable law we exclude all liability and responsibility arising from any reliance placed on any content available from the booking system. You bear the entire risk of the completeness, accuracy or usefulness of any content accessed on our booking system.
- To the maximum extent allowed by applicable law we exclude all liability and responsibility arising from (a) your use of the booking system and (b) our failure to provide access to the booking system whether in whole or in part.
- To the maximum extent allowed by applicable law, we expressly disclaim all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of satisfactory quality and fitness for a particular purpose. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) our booking system, but not limited to, damage to any computer, software or system or portable devices you use to access the same.
- Under no circumstances shall we be liable to you for any consequential, incidental or special damages or for loss of business profits, business interruption, loss of business information, loss of data or loss of any benefit arising out of your use or inability to use the booking system.
- Please also read carefully the provisions of clause 21 of our Online Terms and Conditions of Business.
- All intellectual property such as (but not limited to) registered and unregistered trademarks on, in, attaching to or referred to by the booking system are owned or licenced by The River Exe Café and no permission by us or by our licensors is given for use of such intellectual property by any person. Any such use may constitute an infringement of our rights or the rights of the applicable owner.
- We reserve the right at any time to vary these booking terms. Your continued use of our booking system following any such variation shall constitute your acceptance of such changes.
Jurisdiction and applicable law
- The English Courts will have exclusive jurisdiction over any claim arising from or related to your use of the Service. English Law will apply to these User Terms.
River Exe Cafe Ltd
Last updated 7th May 2022