Once the Tour Operators as detailed in Clause 12 below, (hereinafter referred to as “the Operator”), confirms your booking, a contract is made between you and the Operator under the terms and conditions set out below. Your statutory rights are not affected.
- BOOKING / ACCEPTANCE
On confirmation of your booking, subject to availability and at the Operator’s complete discretion, the Operator will reserve your place on your selected tour. It is your 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 either you or your authorised booking agent (hereinafter referred to as “confirmation”).
2.1 Your booking is not transferable. You will also be required to produce a valid passport or other form of photo identification before you travel. (Photo identification is required for all trips).
2.2 Baggage is restricted to one small suitcase per passenger, and any other baggage only at the Operator’s discretion.
2.3 It is your responsibility to check-in with the Operator at the departure point 15 minutes prior to the specified departure time. The Operator will not be liable for any service that leaves or arrives 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 arrival times are met. It is your responsibility to ensure that when booking your onward transport you build in sufficient time for your journey.
2.4 Tour prices are for transport, driver, accommodation of 3 star or above at Bed and Breakfast rate only and entrance fees to any attractions. Meals and other refreshments, are at the passenger’s own expense. Where the Operator has negotiated a discount for attractions, it will be made clear by our representative.
- CANCELLATION & CHANGES
3.1 The operator reserves the right to cancel the tour at any time; for any reason, at their discretion. In the event that a tour is abandoned or cancelled midway, no compensation will be paid to passengers. 3.2 In the event of a tour being cancelled by the Operator prior to departure, all monies paid for that tour will be refunded. 3.3 You may change or cancel your booking at any time by emailing email@example.com. Please include your name; the tour date, names of those booked in your travelling party, and if applicable, your preferred tour date. The following cancellation charges will apply:
48 hours or fewer prior to commencement of your tour -100% of tour cost unless your booking is resold.
Over 2 days/48 hours prior to your tour departure date/time, full refund.
- YOUR RESPONSIBILITIES
4.1 Our tours try to leave promptly at the departure time displayed on the marketing literature/website. Failure to be at the tour departure point 15 minutes prior to the departure time may result in you missing the tour. No refunds will be given for pre-paid missed tours. If you or a person in your travelling party misses the departure; you agree that the Operator may charge the debit/credit card used to reserve your seats £19.00 GBP for each person in your travelling party who misses the tour, to cover the Operator and their representative’s costs.
4.2 GROUP SIZE – the maximum size of any group of people who may know one another prior to the trip departure, on any tour, without prior written agreement with the Operator, is 5 people. As the operator only allows bookings for up to 5 persons, if it is found by the Operator that your group exceeds this number, the Operator reserves the right to cancel your bookings prior to trip departure. If an agent of the Operator detects on the day of the trip that your total travelling group size is more than 5 people, and you have not received prior written permission from the Operator that you can travel on that particular tour, you agree that the Operator may charge the debit/credit card/s used to reserve your seats £12.00 GBP for each person in your travelling party
4.3 The trip/tour products offered are forms of transportation. For this reason the Operators representatives cannot offer constant special attention or assistance should you have any physical disability requiring such attention.
4.4 The tour has been designed for travellers aged 18 years and over with the style and operation specifically designed for young independent travellers. This fact should be recognised when you book. Passengers are primarily in the 18-45 year-old age group.
4.5 Passengers must be aged 18 years or over. The Operator may, at its absolute discretion, and in exceptional circumstances, give confirmation of acceptance of a person outside this age restriction, provided that a person 18 years or over accompanies them, there is no upper age restriction.
4.6 Any medical condition or physical condition requiring attention or treatment must be advised to the Operator or their agent when you make the booking.
4.7 You understand that any activities undertaken on the tour; such as forest walks, are done so at your own risk and you agree to absolve the Operator and their representative of any blame should an incident occur. The Operator and their representative will take all due care when undertaking activities, but it is ultimately your responsibility should you choose to participate.
4.8 You agree to comply with the authority of the Operator’s representative and the laws and regulations of Scotland, 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 trip. No compensation will be issued in such circumstances.
4.9 You agree that the Operators’ representatives may take photographs and films of you whilst you are a passenger. These may be used in our advertising and publicity material without obtaining any further consent or payment in respect of such photographs and/or films.
4.10 You agree that the Operator may use any text written in our customer surveys, in website and/or advertising and publicity material without obtaining any further consent or payment in respect of comments.
4.11 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 and are not compatible with the general enjoyment and well being of members of the trip, we reserve the right to refuse to allow you to continue the trip. In such a case we will not be liable for compensation, or any additional costs incurred by you. We cannot accept liability for the behaviour of others on your trip nor if any facilities are curtailed as a result of their actions.
4.12 It is your responsibility to meet the Operator at the pick-up points on time. Because of the nature of the services, the Operator will not be liable if any service leaves or arrives 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 arrival times are met.
4.13 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.
4.14 You are responsible for looking after your personal belongings whilst travelling. The Operator cannot be held responsible for any personal belongings left behind on any trip irrespective of the circumstances.
5.1 Whilst the Operator maintains insurance covering all statutory requirements, there is no travel insurance cover included in the tour represented.
5.2 The Operator very strongly recommends that you purchase Travel Insurance that covers all your travels. 5.3 The Operator strongly recommends that you take out comprehensive insurance cover for 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.
- CHANGES BY THE OPERATOR
6.1 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.
6.2 If access to any area is prohibited for reasons of force majeure (i.e. circumstances such as political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond the Operator’s control) the Operator reserves the right to amend or alter the product, or fully or partially withdraw the programme with no compensation being paid to you.
6.3 The Operator reserves the right to alter the vehicle they use at any time.
- WEATHER CONDITIONS
Under no circumstances can the Operators be held responsible for any delay, deviation or cancellation due to weather conditions, nor can any trip be cancelled or amended by you at any time on the basis of weather conditions.
- NO SMOKING POLICY
The Operator has a No Smoking Policy on all vehicles. Failure to adhere to this policy will mean that person automatically forfeits their right to onward travel.
- DISPUTE PROCEDURES
9.1 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: firstname.lastname@example.org 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.
9.2 The contract and all matters arising in respect hereof shall be subject to Scottish Law unless the Operator agrees otherwise in writing.
9.3 If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written 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.
9.4 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.
- MONEY-BACK GUARANTEE
For all other tours; guarantee claims must be made via email, to: email@example.com, within 7 days of your tour finishing. Any claims made after this point will be considered null and void.
- 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 representative of the Operator in writing. 10.2 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.
- OPERATING COMPANY
Mini Kilt Tours. 5 Raw Cottages, East Calder, EH53 0HS.