All bookings made with Roe & Co Distillery are subject to following Terms & Conditions. Guinness Storehouse Limited a company registered in Ireland (registered number 209698) having its registered office at St James’s Gate, Dublin 8 (“GSH”); and the company making booking (the “Customer”) (each a Party and together the “Parties”).

Background

1. 1.GSH is engaged in the business of providing tour experiences at Roe & Co Distillery in Dublin (“Roe & Co Experience(s)”).
   1. a.Subject to the terms of this Agreement, GSH agrees to sell to the Customer tickets for the Roe & Co Experience for onward sale to consumers as part of an inclusive tour package (“Tickets”).
   2. b.Definitions and interpretation

In this Agreement:

“Commencement Date” is defined in Schedule 2.

“Visitor”

means person(s) who attends a Roe & Co Experience.

"GSH Booking Terms" means the GSH terms and conditions applicable to the sale of Roe & Co Experiences, made available on the GSH websites and updated from time to time.

Tickets

Customer shall ensure it is clear to Visitors that all Roe & Co Experiences are subject to the GSH Booking Terms, and make those terms clearly accessible at the point of booking.

Tickets must be presented either in hard copy or digital format on the Visitor’s arrival, to be exchanged for a ticket issued by GSH.

GSH reserves the right to refuse the sale of Tickets to the Customer where the conditions of credit contained within Schedule 1 are not met.

Booking Confirmation

All visits must be pre-booked in advance by the Customer via the trade portal. It is the Customer’s responsibility to contact GSH to create a company profile on the trade portal by emailing: sales@guinnessstorehouse.com.

Agreement Remit

The remit of this Agreement is for Tickets to the Roe & Co Experiences only. It excludes, catering, room hire, retail store purchases and gift voucher payment.

Tickets are inclusive of a guided tour, tasting, Roe & Co cocktail and a tour drink in Power House Bar. Non-alcoholic alternative is provided upon request.

Only guests over 18 years of age are permitted to visit Roe & Co Distillery.

Late Policy

Customer's Visitors must arrive on time to the allocated experience slot. If the Customer’s Visitors are unable to keep to their booked arrival time, Customer agrees to inform GSH in advance on +353 1 471 2271 or hello@roeandcowhiskey.com. While GSH will do its best to accommodate any group that arrives early or late, GSH cannot guarantee access when the tour time is missed.

No Shows and Cancellations

Customer shall confirm with GSH the final number of Visitors no less than three (3) days before the booking date, at which point the booking becomes binding and shall be charged in full. Any advance booking is binding and will be charged to the Customer by GSH in full three (3) days in advance of visit.

The Customer cancelling its booking more than three (3) days before the booking date will result in no cancellation charge. Cancellation less than three (3) days before the booking date, or a “no show” on the day, will incur a charge of 100% of the fees payable under Schedule 1.

Promotion and Licence

The Customer will comply with all applicable laws, enactments, orders, regulations, rules, and codes of practice (including but not limited to the Package Holidays and Travel Trade Act 1995 and any regulations thereunder) and will ensure that its staff are familiar with the same. The Customer will ensure that any advertising it undertakes in connection with this Agreement will comply with the provisions of the Public Health (Alcohol) Act 2018 and all Regulations thereunder (as such Act is varied, amended, or substituted from time to time).

The Operator shall at all times comply with Diageo’s codes and policies, made available here. And shall ensure that its employees and any third parties whom it engages to assist in connection with this Agreement comply with the same.

Diageo is committed to the responsible marketing of its products and brands. The Customer will have particular regard to the terms of the Digital Marketing Code and how this will impact on any marketing and/or advertising of GSH.

Customer may promote and market GSH in its sales materials in order to sell Tickets pursuant to this Agreement. For that purpose, but for no other purpose, GSH grants to Customer a worldwide, non-transferable non-exclusive, right and licence to use, publish, and advertise Roe & Co and Roe & Co Distillery names and logos in the Customer’s sales materials, provided however that the Customer may not make any changes, adaptations or variations whatsoever in the names or logos without the express advance written permission of GSH’s Marketing Department. The Customer acknowledges and undertakes that GSH (and the wider Diageo group as applicable) retains all GSH intellectual property rights, including but not limited to its trade marks, and that GSH may at its discretion withdraw such licence (in whole or in part) at any time. The Customer will not do anything to damage or anything which is likely to damage or dilute any of GSH or Diageo’s trade marks or GSH or Diageo’s name or reputation, or those of its products, and shall not apply to register or use any of the trade marks or anything similar to it, or encourage or assist third parties to do so. The Customer will promote and market GSH in line with local applicable law, including but not limited to the Public Health (Alcohol) Act 2018 and all Regulations thereunder.

Child Policy

All Visitors must be over the age of 18 and GSH retains the right to refuse bookings where not all Visitors are aged over 18.

Confidentiality

GSH and Customer each undertake that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party or its affiliates, "Confidential Information", except as permitted in this clause. Each party may disclose the other party’s Confidential Information: (a) as may be required by applicable law and relevant authorities; and (b) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this Agreement. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors, or advisers to whom it discloses the other party's Confidential Information comply with this clause. Neither party shall use the other party's Confidential Information for any purpose other than the performance of its obligations and exercise of its rights under this Agreement. The Customer’s obligations under this clause shall continue in force after the termination of the Agreement for two (2) years. For avoidance of doubt, failure to comply with this clause infringes the terms and conditions of this Agreement and will entitle GSH to terminate the Agreement immediately without compensation to the Customer.

Relationship

Nothing in this Agreement will create, or be deemed to create, a partnership or the relationship of principal and agent or employer and employee between GSH and the Customer. Nothing in this Agreement shall create an exclusive arrangement between GSH and the Customer.

Termination

The Agreement shall commence on the Commencement Date and shall continue for 12 months (the “Initial Period”). Following the Initial Period GSH may extend the Agreement for a further 12 month period and for further 12 month periods thereafter, in each case by giving notice to the Customer to that effect with accompanying notice of amendments to the rates at Schedule 2. Either party shall be entitled to terminate this agreement by giving the other party one (1) month’s prior written notice. GSH may terminate the Agreement immediately, by written notice without any liability to the Customer, if: (a) the Customer makes any arrangement with its creditors, becomes subject to an administration order, or goes into bankruptcy, liquidation, or receivership; (b) a receiver, trustee or liquidator is appointed over any of the Customer's property or assets; (c) anything or any step equivalent to the matters referred to in clauses (a) or (b) above occurs in any other jurisdiction; (d) the Customer becomes unable to pay its debts generally as they become due, or ceases or threatens to cease to carry on business; (e) Diageo reasonably considers that any of the events set out in clauses (a) to (d) is about to occur to the Customer; or (f) the Customer is in material breach of any of the terms of this Agreement and where the breach is capable of remedy, has not remedied the breach within 30 days of receiving notice requiring the breach to be remedied.

Liability

The GSH Booking Terms are incorporated by reference into this Agreement. The Customer acknowledges that all Visitors will be admitted to Roe & Co Distillery subject to these terms and shall ensure that visitors acknowledge that they agree to be bound by these terms. GSH shall not be liable to the Customer, whether in contract, tort, under statute or otherwise (including in each case negligence) for any direct losses, loss of profits, business contracts, anticipated savings, goodwill, revenue, any special, indirect or consequential loss or damage whatsoever, whether or not GSH was advised in advance of the possibility of such loss or damage. Nothing in this Agreement shall exclude or in any way limit either party’s liability for fraud, death or personal injury caused by its negligence or any other liability to the extent the same may not be excluded or limited as a matter of law.

Data Protection

For the purposes of this clause, all defined terms take their meaning from the Data Protection Laws, meaning all applicable laws relating to the protection of personal data, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and any laws which implement, replace, extend, re-enact, consolidate or amend the GDPR.

The Customer warrants and undertakes to comply with its obligations under Data Protection Laws, and shall not act or omit to act in a manner that will or is likely to result in GSH or any of its affiliates breaching its obligations under such laws. Nothing contained in this Agreement relieves the Customer of its own direct responsibilities and liabilities under Data Protection Laws.

If circumstances arise whereby the Customer acts as Data Processor on GSH’s behalf, Customer shall promptly on request by GSH execute written contractual commitments which meet the requirements of the Data Protection Legislation.

Customer shall notify GSH promptly (but in any event within 24 hours of becoming aware) in writing (and with a copy to csi@diageo.com), of any suspected, potential or actual cybersecurity or data incident, including any suspected, potential or actual accidental, unlawful or unauthorized destruction, disclosure, loss, alteration or access in relation to Personal Data processed on behalf of GSH and provide GSH with details and information as may reasonably be required regarding the nature of the same and measures taken or proposed to be taken to address it.

Force Majeure

Neither Party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, by reason of any delay in performance, or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any reason beyond its reasonable control of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly.

Governing Law and Jurisdiction

This Agreement and any non-contractual obligations arising out of or in relation to this Agreement shall be governed by and construed in accordance with Irish law and subject to the exclusive jurisdiction of the Irish Court.