Terms and Conditions for Purchase of the Service.
Important Legal Notice
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.discoverscotlandtours.com (the “Website”) and to any correspondence by e-mail or webmail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms, if you do not accept these terms do not use this website.
This notice is issued by Discover Scotland Tours Ltd (the “Company”) with it’s registered office at 9 Kilwinning Road, Irvine, KA12 8RR Scotland. Registered in Scotland. Company registration No 313476. Tel No 0141 887 6777 Email tours@discoverscotlandtours.com
1. Introduction
1.1 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.2 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded or augmented by expressly designated legal notices or terms located on particular pages of this Website.
1.3 You are permitted to print and download extracts from this Website for your own use on the following basis:
no documents or related graphics on this Website are modified in any way;
no graphics on this Website are used separately from accompanying text;
the Company’s copyright and trade mark notices appear in all copies.
1.4 Unless otherwise stated, and subject to paragraph 1.5, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 1.3 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
1.5 All trademarks used on this Website are the property of the proprietor/s of those trademarks. The Company makes no claim to ownership of trademarks used on the Website of which they are not proprietors.
1.6 Subject to paragraph 1.3 , no part of this Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
1.7 Any rights not expressly granted in these terms are reserved.
2. Links to and from other Websites
2.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at you own risk.
2.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
you obtain our prior consent;
you do not remove, distort or otherwise alter the size or appearance of the Company’s logo;
you do not create a frame or any other browser or border environment around this Website;
you do not in any way imply that the Company is endorsing any products or services other than its own;
you do not misrepresent your relationship with the Company nor present any other false information about the Company;
you do not otherwise use any of the Company’s trade marks displayed on this Website without express written permission from the Company;
you do not otherwise use any trade marks other than those owned by the Company displayed on this Website without written permission from the proprietor of that trademark;
you do not link from a website that is not owned by you;
your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
2.3 The Company expressly reserves the right to revoke at any time the right granted in paragraph 2.2 for breach of these terms and to take any action it deems appropriate.
2.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 2.2.
3. Disclaimer
3.1 While the Company endeavors to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
3.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly , to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including without limitiation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
4 Liability
4.1 The Company, or any party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders, contractors, clinicians or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party(including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interuption,and whether in delict(including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such Websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
4.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
death or personal injury caused by negligence(as such term is defined by the Unfair Contract Terms Act 1977); or
fraud;or
misrepresentation as to a fundamental matter; or
any liability which cannot be excluded or limited under applicable law.
4.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
5 Our Services your obligations
Confirmation
On receipt of payment your reservation will be confirmed.
Prices
Tour prices are for transport and driver-guide service only. Meals, drinks, refreshments and entrance fees to visitor attractions, cruises, castles, whisky distilleries and accommodation etc are additional optional extras and are not included in your ticket price.
Tour Departure Time
We request passengers be at their departure point 15 minutes prior to the published departure time.
Passengers who have a confirmed Hotel, Guesthouse or Hostel pick up must be ready at the main door of their accommodation for the arrival of their coach. Failure to be there may result in the driver departing without you.
Please note if you are late in arriving at your departure point and as a consequence miss your tour you will not be entitled to a refund.
Alterations by the Company
The Company will do everything reasonably possible to provide your tour itinerary as planned.
The Company reserves the right to alter tour itineraries due to weather, availability of attractions or other circumstances.
The Company reserves the right to change the size and type of coach operating on our tours.
Accommodation
Accommodation is not included in the tour price. Hotel, B&B & Hostel accommodation for our 3 day tours are provided independently by third party accommodation providers.
Such arrangements are subject to the terms and conditions and limitations of liability imposed by these providers, and as such any contracts undertaken are made between the Customer and the Third Party accommodation provider.
All such arrangements are made independently of the Company, irrespective of any assistance which the Company may provide in securing such arrangements.
Where a customer chooses to book their own accommodation for our 3 day Isle of Skye Tour the accommodation must be in Kyleakin as this is where the driver-guide will be dropping off and picking up all customers on this tour.
Please note that some accommodation providers only accept cash payments and do not accept debit/credit cards for payment.
Cancellations and Refunds
The Company does not operate a minimum numbers policy and will only cancel a tour due to circumstances out-with its control.
In the unlikely event we have to cancel a tour a full refund will be given.
One Day Tours
In the event a customer cancels a one day tour, a standard charge of 10% will be made to cover administration costs.
1. Cancellation more than 72 hours prior to tour departure – full refund less administration charge.
2. Cancellations less than 72 hours prior to tour departure – refunds (less administration costs) will only be given if your ticket is resold.
Cruise Ship Shore Excursion
In the event a customer cancels any excursion a standard charge of 10% will be made to cover administration costs.
1. Cancellation more than 28 days prior to excursion departure – full refund less administration charge.
2. Cancellations less than 28 days prior to excursion departure – refunds (less administration costs) will only be given if your ticket is resold.
Multi Day Tours
In the event a customer cancels a multi-day tour, a standard charge of 10% will be made to cover administration costs.
1. Cancellation more than 14 days prior to tour departure – full refund less administration charge.
2. Cancellations less than 14 days prior to tour departure – refunds (less administration costs) will only be given if your ticket is resold.
Insurance
Whilst the Company maintains insurance meeting all statutory requirements, we strongly recommend that passengers hold comprehensive and suitable travel, medical and cancellation insurance to cover their period of travel.
Luggage
Luggage is restricted to one medium sized suitcase/bag (maximum weight 10kg) and one carry-on bag per person.
Children
Regretfully children under the age of five years of age are not permitted on our tours.
Third Party Suppliers/Carriers
The Company will not accept or have any liability for any acts or omissions whether negligent or otherwise of any supplier (including accommodation providers, sub-contracted coach services, tourist attractions and print material) in connection with any tour unless such a person is employed by or under direct control of the Company..
Tickets and vouchers for travel on other carriers are subject to the normal conditions of carriage of the individual carrier.
Customer Conduct
The Company reserves the right to refuse to carry any person(s) whose conduct or manner is likely to upset or cause offence to other passengers. In an event such as this full cancellation charges will apply to the passenger(s) and Discover Scotland Tours Ltd will have no further liability with that passenger(s).
Smoking
Smoking is not permitted on our motorcoaches.
Force Majeure
The Company does not accept any liability for any loss, inconvenience or damage caused by war, threat of war, riot or civil strife, terrorist activity, industrial disputes, natural disaster, fires, sickness, weather conditions, airport regulations, temporary, technical, mechanical or electrical breakdown of transport, explosion of any nuclear plant or part thereof of radioactivity/contamination arising from such plant or events beyond reasonable control of the company.
Visitor material
Other than personal data, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with Scots law. Disputes a rising arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Scottish courts.
