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Terms and Conditions

Once Your Tour Scotland, hereinafter referred to as “the Operator”, confirms your booking a contract is made between the Operator and you upon the terms and conditions set out below. Your statutory rights are not affected. In a booking with more than one passenger the ‘lead passenger’ will be deemed to have accepted the terms and conditions on behalf of all passengers within the booking. The ‘lead passenger’ is the passenger who makes the booking on behalf of all passengers in a multi-passenger booking and is named in the ‘lead passenger’ field within the booking. Within these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added at a later date).

1. Booking/Acceptance

1.1 The Operator accepts a booking on the understanding that a deposit or full payment has been collected and held either by the Operator.

1.2 On confirmation of your booking, the Operator will reserve your place(s) on your selected tour. It is your (or on bookings involving more than one person, the lead passenger’s) responsibility, as the customer, to check the accuracy of your booking and travel dates. A contract is only made between you and the Operator upon your booking being confirmed and accepted and communication thereof to you (hereinafter referred to as “confirmation”).

1.3 On confirmation of your booking, a Booking Statement indicating the amount paid will be sent to you.

1.4 In order to reserve your tour:
1.4a) Tours costing 400 GBP or less: full payment must be made at time of booking.
1.4b) Tours costing more than 400 GBP: a non-refundable deposit of 100 GBP is required, but if the booking is made within 21 days of the nominated departure date, the full amount payable must be made at the time of booking. The deposit is accepted as a first instalment of the total tour price by the Operator only once the booking has been confirmed in writing by the Operator.
1.4c) The outstanding balance of the tour price must be paid by no later than 21 days prior to the scheduled, nominated or confirmed tour departure date or the payment date specified in any promotion, which shall be by the due date stated on the confirmation issued to you. Whilst every endeavour will be made to remind you of the payment due dates, it is your responsibility to make this payment in full by the due date. If payment is not made to the Operator by the due date, the Operator will assume that you have cancelled your tour and cancellation charges in accordance with clause 3 below will be levied by the Operator.
1.4d) Booking Statements confirming ‘Full Payment’ will not be issued until full payment has been received by the Operator or authorised travel agent.

1.5 In the case of bookings made within 21 days of tour departure, the full cost of the tour will be payable immediately at time of booking.

1.6 The Operator reserves the right to cancel the booking and apply cancellation charges should full payment not be received within the above specified periods

2. Travelling

2.1 The Operator’s Booking Statements confirming ‘Full Payment’ are not transferable. Your Booking Statement indicating that full payment has been made must be produced prior to departure of your tour.

2.2 Baggage is restricted to one reasonable sized suitcase or backpack and one small carry-on bag per passenger (maximum combined weight 15KG). Baggage in excess of this limit may not be carried.

2.3 It is your responsibility to check-in with the Operator not less than 15 minutes prior to the specified departure time. The Operator will not be liable for any service that departs or returns later than its specified time, even if as a result you miss a connecting service. The Operator will use its best efforts to ensure that departure and return times are met.

3. Cancellations & Changes

3.1 Cancellation of your booking must be in writing to the Operator. When written notification has been received by the Operator a fee will be levied to cover the administration costs incurred (25% of booking price being the minimum fee). The amount of the cancellation fee will be dependent on the number of days prior to the departure date of the tour as follows (not including day of departure nor the day of notification):

Notice Period – Up to 14 full days
Cancellation Fee – Full refund less 25% of the price paid
Within 14 days – No refund applies

3.2 Where a deposit has been made on a booking and the booking is cancelled by you prior to full payment being made, or in the circumstances of the balance not being received by the Operator by the due date, no refund of the deposit will be applicable. It may be possible to transfer the deposit to a new booking for a tour.

3.3 If after your booking has been confirmed, you wish to change to an alternative departure date you may do so subject to the tour being available on the alternative date and a minimum notice of 15 days prior to departure. All departure date changes will incur an administrative fee of 50 GBP per tour.

3.4 If the reason for your cancellation is covered under your insurance policy, you may be able to make a claim under that policy.

4. Your Responsibilities

4.1 The tours offered are forms of transportation. For this reason the Operator’s representative cannot offer constant special attention or assistance should you have any physical disability requiring such attention.

4.2 Passengers must be aged 5 or over and be accompanied by a person 18 years or over. There is no upper age restriction.

4.3 PASSENGERS WITH DISABILITIES are welcome on tours, provided that they are accompanied by a companion capable of providing all necessary assistance and do not require special assistance from the Operator’s personnel. Any medical or physical condition requiring third party attention or treatment must be advised in writing at the time the booking is made. It is your responsibility to see to it that your email is acknowledged with the booking confirmation. The Operator cannot guarantee travel in the absence of such an acknowledgement. Similarly if you wish to make a special request about any matter concerning your travel or accommodation you must do so at the time of booking. Again, it is your responsibility to produce an acknowledgement from the Operator at the time of travel. We will try to pass on any reasonable requests to the relevant suppliers but we cannot guarantee that your requests will be met. The fact that a special request has been noted on your confirmation invoice or on any other acknowledgement is not confirmation that the request will be met. Failure to meet any special requests will not be a breach of contract on our part unless the request has been specifically acknowledged and confirmed as accepted by the Operator. The Operator reserves the right to refuse to carry anyone if it is felt that the individual cannot cope with the requirements of the tour and who may require services and facilities that the Operator cannot guarantee will be available. The nature of tours means that not every type of disability can be accommodated despite reasonable endeavours of the Operator. Most tours involve getting on and off vehicles, trains, boats or ferries, sitting for long periods on vehicles without toilet facilities, walking and other physical activities which may involve steps and stairs at sightseeing stops, visitor attractions and accommodation units. Vehicles are not adapted to carry wheelchairs and do not have ramps, lift or low floor access. You agree not to hold the Operator responsible for any decision made by them or by any service provider to refuse to carry you, provide any facilities or accommodation to you, or to provide any service to you in the absence of written acknowledgement and acceptance of your special request or of your disability from the Operator. Please note that 100% cancellation charges would apply in these circumstances.

4.4 It is your responsibility to have a valid passport and all necessary visas, permits and certificates on your person for your selected itinerary and to have all necessary vaccinations and to comply with applicable laws.

4.5 You agree to comply with the authority of the Operator’s representative and the laws and regulations of the countries visited, including customs and foreign exchange restrictions. If you do not do so, you may, at the discretion of the Operator’s representative, be asked to leave the tour. No refunds will be issued in such circumstances.

4.6 You agree that the Operator’s representative may take photographs and films of you while you are a passenger. These may be used in the Operator’s brochures and/or advertising and publicity material (including social media) without obtaining any further consent or payment in respect of such photographs and/or films.

4.7 You agree that the Operator may use any text written in comments books, recorded in customer surveys or input to online forums, in Group brochures, websites and/or advertising and publicity material without obtaining any further consent or payment in respect of comments.

4.8 There may be times when the Operator’s personnel have to make a decision in the interests of safety. It is a condition of bookings that you comply with the authority and decisions of the appointed representative of the Operator. If you do not comply with the said representative or are not compatible with the general enjoyment and wellbeing of members of the tour, the Operator reserves the right to refuse to allow you to continue the tour. In such a case the Operator will not be liable for any refund, compensation or any additional costs incurred by you. The Operator cannot accept liability for the behaviour of others on your tour nor if any facilities are curtailed as a result of their actions.

4.9 The Operators do not tolerate any form of abuse, verbal or otherwise, of its personnel. Any passenger abusing or threatening personnel will automatically forfeit their right to onward travel.

4.10 You are responsible for looking after your personal belongings whilst travelling. The Operator cannot be held responsible for any personal belongings left behind or damaged on any tour irrespective of the circumstances.

4.11 It is the responsibility of the passenger to check the accuracy of dates booked upon receipt of their Booking Statement confirming ‘Full Payment’.

5. Local Tours & Excursions

5.1 You may have the opportunity to purchase local tours or excursions from your Guide. These tours and excursions are run by local operators and will be subject to their terms and conditions.

5.2 Local tours and excursions purchased via Guides are non-refundable. It is your responsibility to meet the tour at the designated departure point and time. Travel on local tours and excursions will only be permitted on presentation of the issued voucher to the named operator.

5.3 Local tour and excursion vouchers that are lost or stolen cannot be replaced.

6. Insurance

6.1 There is no travel insurance cover included in the price of any tour.

6.2 The Operator strongly recommends that you take out comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage, money and public liability before you travel. You may also wish to indemnify the Operator against all third-party claims, actions, damages and remedies that may be brought against the Operator in respect of your travel needs/requirements.

7. Changes by The Operator

7.1 Prices in this brochure are based on costs at May 1, 2016. Should these costs change it may be necessary to make a surcharge on the price of your tour. Should the total tour price increase by more than 10% you will have the right to cancel within 7 days of notification without penalty.

7.2 No surcharge in respect of cost fluctuations will be made once payment of the deposit for your tour has been received. This guarantee excludes fuel surcharges and does not apply to any taxes, charges or levies imposed by any government or their agencies. In exchange for these guarantees, no refund will be made if costs are reduced. The surcharge will only be made where the increase in cost will affect the price of the tour by more than 2%.

7.3 The Operator reserves the right to vary, modify or cancel any itinerary, either part or wholly. If this is necessary, they will substitute alternative arrangements of comparable value, or at the Operator’s discretion provide a full or partial refund.

7.4 The Operator reserves the right to alter or substitute the type of vehicle mentioned in the brochure or websites, depending on the number of passengers carried, which vary from tour to tour.

8. Weather Conditions

8.1 Under no circumstances can the Operator be held responsible for any delay, deviation or cancellation due to weather conditions, nor can any ticket be cancelled or amended by you at any time on the basis of weather conditions.

9. No Smoking Policy

9.1 The Operator operates a No Smoking Policy on all its vehicles.

10. Dispute Procedures

10.1 If you have a complaint in respect of any Operator, you should inform the Operator’s Representative at the time. Any complaint that cannot be resolved by the Representative should be submitted in writing within 28 days of the incident to The Customer Services Manager, Your Tour Scotland, 17/4 Upper Hermitage, Edinburgh, EH6 8DP, Scotland, United Kingdom so that your complaint can be passed to and then investigated by the Operator. The Operators will not consider complaints after the 28 day period from the end of your tour.

10.2 The contract and all matters arising in respect hereof shall be subject to Scots Law unless the Operator agrees otherwise in writing.

10.3 If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be rewritten to give effect to the same purpose within the permitted limits of the law. The validity and enforceability of the other provisions shall not be affected.

10.4 If you are unsuccessful in any legal action instituted against the Operator, you agree to pay all the Operator’s costs, including but not limited to attorney / client costs.

11. Contracting Parties

11.1 The booking conditions detailed herein contain the entire contract between you and the Operator. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied by a duly authorised officer or Director of the Operator in writing.

11.2 Your contract is with the Operator. At any time, and at the Operator’s complete discretion, the Operator may nominate to you in writing any other company or person to have the benefit of some or all of those provisions of this contract, which the Operator may then specify, as if you had agreed the provisions concerned directly with that company or person in the first place as well as agreeing them with the Operator. The Operator may at its complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with you.

11.3 All bookings with carriers and other service providers are subject to their terms and conditions and limitations of liability. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Whilst the Operator cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third parties, the Operator will give reasonable assistance in helping to resolve any reasonable dispute.

11.4 Accommodation arrangements are provided by third party providers. They are subject to the terms and conditions, and limitations of liability, imposed by the provider.

12. Operating Company

Your Tour Scotland Ltd, 17/4 Upper Hermitage, Edinburgh, EH6 8DP.

Registered in Scotland No SC496898.

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Copyright © 2016 Your Tour Scotland Ltd
All rights reserved
Your Tour Scotland is a limited company registered in Scotland. Comapny No SC496898

17/4 Upper Hermitage, Edinburgh, EH6 8DP

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www.somervilleandstark.com

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A 50% deposit will be required on the booking of your tour.

The deposit is non refundable on tour cancellation. For our full payment terms contact us