Terms & Conditions

Early Booking Christmas Incentive - Book by 14th November 2021 and get £10 in vouchers

Booker will receive two £5 vouchers redeemable against food only to use on two visits throughout January 2022. Vouchers issued at the time the deposit is paid. This voucher entitles the bearer to £5 off total food bill from 2nd to 31st January 2021. The voucher cannot be used in conjunction with any other offer, promotion or discount. One voucher to be redeemed per transaction. This voucher has no cash value. Photocopied vouchers will not be accepted. Offer may be withdrawn or subject to change without prior notice and can only be redeemed at a the pub it was issued. This promotion and terms are governed by English Law and are subject to the exclusive jurisdiction of the English courts. Promoter: Marston’s Pubs & Bars (a trading division of Marston’s Plc) Marston’s House, Brewery Road, Wolverhampton, WV1 4JT.

GENERAL TERMS AND CONDITIONS FOR #MARSTONSCUBAGETAWAY

Bacardi Cuba Libre Promotion – 12th July – 22nd August

The Promoter

  1. The Promoter is Marston's PLC (company number 00031461) (trading as Marston’s Pubs & Bars with its registered office at Marston’s House, Brewery Road, Wolverhampton WV1 4JT (the "Promoter"). If you have any questions about these terms or any of our offers or promotions, please get in touch by email to communitymarketing@marstons.co.uk or by post to the Promoter’s address above.

Entry Requirements

  1. This promotion is open to residents of the United Kingdom (excluding Northern Ireland) aged 18 or over, except for employees/directors of the Promoter, such employees/directors’ immediate families/households or anyone else professionally involved with this promotion.
  2. This is an online promotion and internet access and a Facebook account is required to participate.
  3. To enter: Simply upload a photo of your Cuba Libré to Facebook with the hashtag #MarstonsCubaGetaway to be entered into the prize draw.
  4. Entrants must not use a false name or email or provide any false information when registering for use of the Facebook / the promotion. Entrants shall not share or disclose their login details or password to any third party. The Promoter may refuse, remove, or suspend registration at any time.
  • One entry per person, per photograph.
  1. Entrants may only enter the promotion via the Facebook and entries by email, post or facsimile will not be accepted.
  2. Any entries which have been submitted using scripts, automated systems, collaborative practices or via a third party for commercial gain will be deemed invalid. 
  3. Entrants may only enter the promotion, for personal non-commercial use only.

The Prizes

  1. The prize is a £600 Love2Shop holiday voucher that can be redeemed at love2shopholidays.co.uk/ (“Prize”). There are four Prizes available.
  2. Prizes are non-transferable, non-refundable and no cash equivalent is available.
  3. Whilst the Promoter will make every effort to honour the advertised prize(s), the Promoter reserves the right in its sole discretion to substitute any prize with an alternative of a similar value if circumstances dictate this.

Prize Draw Winners

  1. After the closing date, or on the date specified, prizes draw winner(s) will be selected at random from all complete, eligible and properly submitted entries received.
  2. The winners will be notified by Facebook message with details on how to claim the prize.
  3. The winners will receive their prize within 28 days of notification of being successful.

Facebook

  1. By participating in the promotion, entrants agree to comply with the Facebook platform terms of use from time to time. If there is any inconsistency between these terms and such platform terms, then these terms shall apply.
  2. This promotion is not sponsored, endorsed or administered by, or associated with Facebook and by participating in the promotion, each entrant agrees to completely release the relevant platform from any claims or damages the entrant may suffer in connection with their participation in the promotion.
  3. For entries to be valid, posts using #MarstonsCubaGetaway must be set to ‘public’ viewable settings. Any entries on a private account won’t be visible and will not be counted.

Content Rules

  1. All submissions/entries or content uploaded by entrants must comply with the following “Content Rules”:
    1. be in the English language;
    2. not name or refer to any individual other than the entrant (or include any third party personal information);
    3. not contain the image or likeness of any individual: (1) under the age of 18; or (2) other than the entrant without that individuals’ express consent;
    4. not contain any material that infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, including copyright infringement;
    5. not have been previously submitted in any other promotion or distributed previously in any media;
    6. not disparage or be harmful to the Promoter or any of its brands, employees/directors, customers or pubs;
    7. not in any way mention, refer or otherwise allude to the name, logo or trade mark of any entity, individual, product or brand other than those of the Promoter and its brands;
    8. not contain material that is inappropriate, contains nudity, is indecent, lewd, pornographic, obscene, illegal, unlawful, hateful, disparaging, defamatory, slanderous or libellous;
    9. not contain any swear words, offensive or vulgar language or other coarse language;
    10. not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, political belief, sexual orientation or age;
    11. not promote excessive or irresponsible drinking or illegal drugs or tobacco (or the use of any of the foregoing); and
    12. not contain any computer virus, bugs, Trojans or other malicious, invasive or harmful code.

Data Protection and Privacy

  1. Your privacy is important to us. We will only process the personal data you provide in connection with this promotion to administer your entry and/or as otherwise required by law.  Full details are set out in our privacy policy which is available at marstons.co.uk/contact/privacy-policy.
  2. In accordance with the current guidelines that govern promotions in the UK, if you are a main prize winner, we may publish, or make available on request, information that confirms an award took place – that is your surname, county and, if applicable, the entry itself. You have the right to object, or to ask for less information to be made available.  If you wish to object, or if you have any questions or comments regarding data and privacy, please contact our data team by emailing DataSecurityInformation@marstons.co.uk
  3. If you are a main prize winner, we may wish to use your personal data to announce the winner and for reasonable promotional purposes connected to the promotion. Again, if you wish to object, please contact the data team.

Limits on the Promoter's responsibilities and Indemnities

  1. Winners agree to be fully responsible for any personal or incidental expenses and/or tax liabilities incurred in claiming and using the prizes. The Promoter will not be responsible for any loss or injury resulting from entry into the promotion or a winner's acceptance or use of the prize.
  2. Winners will be notified directly on Facebook, from the profile they have posted from. The Promoter will take all reasonable steps to contact the winning entrants to arrange for the delivery of the prize, but if there is no response within 14 days, or the contact details are invalid, the Promoter reserves the right to (randomly) re-allocate the prize without liability to the first winner.
  3. The Promoter will not be responsible for losses, failures or delays relating to circumstances beyond its reasonable control including (but not limited to) acts of God, war, strikes, disputes, pandemics or epidemics, local or national government restrictions, third party website or platforms (including social media) not in its direct control or the acts or defaults of any supplier of the prizes.
  4. The Promoter will not be responsible for any damage, loss or injury to an entrant that is not reasonably foreseeable. The Promoter's responsibility for any damage, loss or injury to an entrant under these terms and conditions or otherwise in connection with the promotion shall be limited to the value of the prize won by the entrant.
  5. The Promoter will not be responsible for technical, hardware or software failures, lost, faulty or unavailable network connections or difficulties of any kind that may limit or prohibit entrants' ability to participate in the promotion. The Promoter does not guarantee that Facebook will be operational on any specific device or system or that it will be error free or available all the time.
  6. The Promoter will be liable for any death or personal injury arising from its negligence. Nothing in these terms and conditions will exclude that liability or any other liability, which it is not lawful to exclude.
  7. Each entrant will indemnify (and will keep indemnified) the Promoter and its affiliates against all costs, claims, losses, damages, expenses (including legal expenses) or other liability arising as a result of a breach of these terms and conditions, negligence or any other action which imposes an unreasonable burden on website including (but not limited to) the use of software robots.

General

  1. By entering, entrants agree to these terms and conditions together with the other polices on Facebook, including the terms of use.
  2. All winning entrants agree to participate in any reasonable publicity arranged by the Promoter without recompense.
  3. The decision of the Promoter is final and no correspondence will be entered into.
  4. Subject to clause 22, the name and county of the main prize winners can be obtained for up to 6 months following the closing date by .
  5. The Promoter reserves the right to eliminate or disqualify any entries or entrants who the Promoter has reasonable grounds for believing are in breach of these conditions.
  6. This website/Facebook may contain links to other websites, including those belonging to the Promoter's partners. These links are provided for convenience and are not under the control of the Promoter and as such we make no warranty, either expressed or implied, concerning the content of such sites including claims of infringement or that such sites are devoid of viruses or error free.
  7. The Promoter reserves the right to cancel the prize draw or amend these terms and conditions without prior notice at any time, for whatever reason, and without liability to any entrants for doing so. Please check these terms and conditions regularly as any changes are effective immediately upon posting to this website.
  8. The rights and remedies of the Promoter under these terms and conditions are without prejudice to its rights under the law. These terms and conditions shall not create any rights or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
  9. These terms and conditions are made under English law. Any dispute or claim that an entrant or the Promoter brings in relation to or in connection with these terms and conditions or the promotion will be decided on the basis of English law by the English courts alone.
  10. It is not the intention of this promotion in any way to encourage people to consume excessive amounts of alcohol. The Promoter encourages responsible drinking. For the facts, visit drinkaware.co.uk 

Terms and Conditions – Book Your Table

1 BOOKING TERMS

1.1 What these terms cover. All bookings for tables at Marston’s Pubs and Bars premises (whether or not a deposit has been paid) (“Bookings”) are subject to these terms and conditions. By making a Booking, you agree to be bound by these terms.

1.2 Why you should read these terms. Please read these terms carefully before you make a Booking. These terms tell you who we are, how you can book your table, how and when you and we may change the booking, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, or you are unclear as to their meaning or have any questions regarding them, please contact us using the contact details in clause 2.2.

2 INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Marston’s Pubs and Bars a trading division of Marston’s PLC a company registered in England and Wales. Our company registration number is 00031461 and our registered office is at Marston’s House, Brewery Road, Wolverhampton WV1 4JT. Our registered VAT number is GB100019352.

2.2 How to contact us. You can contact us by getting in touch directly with the premises at which your Booking has been made, or by telephoning us on 01902 711811 or by using the “Contact Us” facility on our website (at www.marstons.co.uk/contact). Alternatively, you can send us a letter to the address in clause 2.1.

2.3 How we may contact you. We will contact you by telephone or by writing to you at the email or postal address you provided to us at the time of Booking. Your privacy is important to us, please see clause 9 for further information or refer to our Privacy Policy at www.marstons.co.uk/contact/privacy-policy.

3 HOW TO MAKE YOUR BOOKING

3.1 How to book. You can make a Booking request using our online booking form at the website for the relevant Marston’s Pubs and Bars premises, in person at the premises or by telephone using the contact number provided on the website for the relevant Marston’s Pubs and Bars premises.

3.2 Our right to reject a Booking request. We may accept or reject a Booking request at our sole discretion.

3.3 Booking confirmation. When you place a Booking request online, we will email you a Booking confirmation together with a reference number for your Booking. When you make a Booking request over the telephone or in person, we will confirm acceptance of your Booking verbally.

3.4 Subject to availability. All Bookings are subject to availability.

3.5 Deposits. In certain circumstances, such as a Booking for our Festive, Christmas Day, Boxing Day and New Year’s Eve menus, we will usually require payment of a deposit for each adult in order to secure your Booking. We will let you know at the point of Booking how much deposit is required (if any). Where a deposit is required, no Booking will be accepted or treated as confirmed until the deposit is paid. We reserve the right to cancel Bookings where deposits are unpaid. Deposits are redeemable against your bill on the day of your Booking. Deposits are non-refundable and non-transferrable (except where clause 6.5 below applies).

4 WEBSITES AND MARKETING MATERIALS

Materials on our website. Although we endeavour to ensure that our website and other marketing materials relating to our services are accurate, the content and information are provided for general information only and it is not intended to amount to advice which you should rely upon. We make no representations, warranties or guarantees, whether express or implied, that such content is accurate, complete or up to date. Please refer to our website Terms of Use for further information.

5 YOUR BOOKING

5.1 Please be prompt. Please arrive promptly for your Booking, as we can only hold your table for 15 minutes. If you are later than this, we reserve the right to treat your reservation as a no-show or cancellation.

5.2 Alcohol. Alcohol may only be purchased or consumed by persons aged 18 years or over and photographic identification may be required. We reserve the right to refuse service of alcohol at our sole discretion.

5.3 Vouchers and promotional offers. Vouchers and promotional offers are not always valid on certain menus or at certain days or times of the year. Please contact us for more information or ask when you make a Booking. We reserve the right to change, amend or withdraw promotional offers at any time without prior notice. All special offers offered by us in relation to any or all of our menus (“Offers”) are subject to this contract together with any terms and conditions specific to that Offer (“Offer Terms”). In the event of a conflict between the Offer Terms and this contract, the Offer Terms shall take precedence.

5.4 Vegetarian and Vegan. We cannot guarantee that our vegetarian and vegan dishes have been cooked in dedicated vegan fryers. Please contact us for more information.

5.5 Allergens. Due to the way our food and drink is prepared it is not possible to guarantee the absence of allergens in our meals and drinks and we do not make a “free from” claim. Our allergen information only states allergens if they are an ingredient of a product. We do not include “may contain” information. Our menu descriptions do not include all ingredients. Full allergen information is available on request. Please contact us should you have any concerns.

5.6 Menu availability. All menu items are subject to availability. Any photography on our menus or other promotional materials are for representative purposes only.

5.7 Accessibility. If you or any member of a Booking party has any individual needs, such as reduced mobility, please advise us before making your Booking and we will be able to check if we are able to meet with your individual needs.

5.8 WiFi. Most of our premises offer WiFi, subject to availability. Use of WiFi is subject to terms of use. In particular, you must not use the Wi-Fi to download or upload any unlawful, harmful or obscene materials, or to place an unreasonable burden on our network.

5.9 Guest behaviour. We politely request that you conduct yourself, and that you ensure that all guests visiting our premises under your Booking conduct themselves, appropriately at all times and comply with any requests and notices regarding conduct, health and safety (including observing any applicable social distancing measures) and respecting the premises, our neighbours, our employees and other guests. You, and all guests visiting our premises under your Booking, must not cause an unreasonable disturbance to other guests or our staff. Violent or threatening behaviour is not accepted on any of our premises.

5.10 Damage. We reserve the right to retain deposit monies and/or charge you for any damage caused by any member(s) of your party at the premises.

5.11 Questions or complaints about your Booking. If you have any questions or a complaint about your Booking, please speak to a member of the management team at the premises. Alternatively, please contact us using the contact details in clause 2.2.

6 YOUR RIGHTS TO CANCEL OR MAKE CHANGES TO YOUR BOOKING

6.1 Making changes to your Booking. If you wish to make a change to your Booking, please contact us directly. We will let you know if the change is possible and anything else which would be necessary as a result of your requested change, including any increased deposit amount required. All changes to your Booking are subject to availability.

6.2 Cancelling your Booking. If you wish to cancel your Booking for any reason, we always appreciate it if you can let us know as far in advance as possible. You can cancel your Booking by contacting us using the contact details in clause 2.2 or by clicking the “Cancel Booking” button on your Booking confirmation email.

6.3 Non-refundable deposits. In the event of cancellation by you within 14 days of the Booking date or no-show for any reason, any deposit paid is non-refundable and non-transferrable. The deposit amount represents reasonable compensation to us of the net costs that we incur as a result of your cancellation or no-show in terms of staffing, food, and any lost revenue as a result of turning away other potential bookings.

6.4 The application of the Consumer Contracts Regulations 2013. You do not have any right to cancel your Booking under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 because your Booking relates to the supply of catering or services related to leisure activities, where the contract provides for a specific date or period of performance.

6.5 Circumstances in which deposits may be refundable. Although you do not have any right to cancel your Booking under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 we always want to treat our guests fairly and have an obligation to do so. On that basis, where a deposit has been paid for your Booking, that deposit will usually be refundable in the following circumstances:

6.5.1 if you tell us you wish to cancel your Booking at least 14 days before your Booking date;
6.5.2 if we are unable to honour your Booking (see clause 7.1 below);
6.5.3 we have told you about an error made by us in relation to your Booking (e.g. menu price) and you do not wish to proceed;
6.5.4 where you have a legal right to end the contract because of something we have done wrong; or
6.5.5 if we choose to refund your deposit for any other reason, at our sole discretion.

6.6 Issuing refunds. Where a deposit has been paid for your Booking and we have agreed to refund the deposit to you, you will need to contact us directly so that we process the cancellation and issue a refund. We will refund you by the method you used for payment. Please note that a refund will not automatically be issued if you cancel your Booking using the “Cancel Booking” button on your Booking confirmation email, so you will still need to contact us directly to arrange a refund.

7 OUR RIGHTS TO CANCEL OR MAKE CHANGES TO YOUR BOOKING

7.1 Our right to cancel. In the event we are unable to honour your Booking for any reason, including (but not limited to) an act or event outside our reasonable control, such as riot, terrorist attack or war (or threat of either), fire, explosion, storm, flood or other natural disaster, pandemic or epidemic (including COVID-19), or any law or action taken by a government or public authority (including local or national lockdowns) or for operational or business reasons (for instance where premises need urgent repair or refurbishment or are closed, or where we do not have the capacity to accommodate you for any reason):

7.1.1 We will use our reasonable endeavours to provide you with an alternative table (or a table at an alternative premises) that meets your requirements; or
7.1.2 If we are unable to provide you with an alternative table (or table at an alternative premises) for whatever reason, or if you do not accept the alternative table or premises, the contract will be cancelled and you will receive a full refund of any payment you have made in advance in relation to your Booking.

We will endeavour to provide you with as much notice as reasonably possible if we have to cancel your Booking for any reason.

7.2 We may end the Booking contract if you break it. We may end the Booking contract at any time by writing to you at the email or postal address you provided to us at the time of Booking, or by cancelling your Booking with immediate effect and (if appropriate) ejecting you (or a member of your Booking) from our premises if:

7.2.1 you do not make any payment to us when it is due, and you still do not make payment within 5 days of us reminding you that payment is due;
7.2.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the table, for example, information about allergies or other specific guest requirements;
7.2.3 you are otherwise in breach these terms; or
7.2.4 you wilfully or negligently interrupt our business or the business of our other guests.

7.3 You must compensate us if you break the Booking contract. If we end the contract in the situations set out in clause 7.2 we will refund any money you have paid in advance for any Booking but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

8 OUR LIABILITY TO YOU

8.1 All property is left or brought into our premises entirely at the owner’s risk. We do not accept any responsibility for the loss or damage to any property left or brought into our premises.

8.2 We are not liable for business losses. We only take Bookings for domestic and private use. If your Booking is made for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or loss or reputation and/or goodwill, or similar.

8.3 Indirect losses. We are not responsible for any loss or damage that was not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Booking process.

8.4 Liability which cannot be excluded. Nothing in these terms and conditions shall exclude our liability for:

8.4.1 personal injury or death caused by our negligence;
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

9 HOW WE MAY USE YOUR PERSONAL INFORMATION

9.1 How we will use your personal information. Your privacy is important to us and we will endeavour to keep your personal information safe and secure. We will use the personal information you provide to us:

9.1.1 to supply the table to you and administer your Booking;
9.1.2 to process your payment for your booking, where applicable; and
9.1.3 if you agreed to this during the Booking process, to inform you about similar products and services that we provide, but you may stop receiving these at any time by unsubscribing or contacting us.

9.2 For further information on how we use your personal information, please refer to our Privacy Policy which can be found at www.marstons.co.uk/contact/privacy-policy. If you have any questions or concerns regarding your privacy, please contact our Data Protection Officer by sending an email to DataSecurityInformation@marstons.co.uk or by contacting us at the address or telephone number detailed in clause 2.2.


10 OTHER IMPORTANT TERMS

10.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

10.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that does not mean that you do not have to do those things or that we are prevented from taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.

10.4 Which laws apply to this contract and where you may bring legal proceedings? These terms are governed by English law and you can bring legal proceedings in respect of the Booking in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Booking in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Booking in either the Northern Irish or the English courts.