Terms And Conditions
MACLEAN & BRUCE LIMITED BOOKING TERMS AND CONDITIONS (“BOOKING CONDITIONS”)
These Booking Conditions, together with any other written information we bring to your attention before we confirm your booking (in accordance with the process set out below), form the basis of your contract with MACLEAN & BRUCE LIMITED, a company registered in Scotland (company no: SC450922) with our registered office at Waggon House, Mid Waggon Road, Crossford, Dunfermline, Fife, Scotland KY11 3HF (“we” or “us”).
Please read these Booking Conditions carefully as they apply to the holiday you book with us and are binding on you.
In these Booking Conditions, references to "you" and "your" include the first named person (“the Lead Person”) on the booking form which we provide to you (“the Booking Form”) and all persons on whose behalf a booking is made or any other person to whom a booking is transferred to or is added to a booking.
By making a booking, the Lead Person on the booking agrees on behalf of all persons detailed on the booking that:-
a) he/she has read these Booking Conditions and has the authority to enter into a contract with us and agrees to be bound by the Booking Conditions;
c) he/she is over 18 years of age and where making a booking which contains services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase and use those services. By making a booking on behalf of a Lead Person, you confirm that you have the authority to act on behalf of that Lead Person, to make the booking on their behalf and to enter into a contract with us on their behalf
1.BOOKING AND PAYING FOR YOUR ARRANGEMENTS
The process for making a booking with us is, as follows:
1.we send you a Booking Form by email;
2.you complete the Booking Form with all the relevant details and email this back to us;
3.we provide you with an itinerary and quotation for your holiday (“Quotation”) by email;
4.if you are happy with the details of our Quotation and wish to accept our Quotation, you confirm this to us by email by accepting our Quotation where indicated;
5.we issue you with a booking acceptance by email which confirms your acceptance of our Quotation (“Booking Acceptance”);
6.you make full payment of the cost of the holiday set out in the Quotation (in accordance with the payment terms set out below) to our bank account within 10 days of receipt of the Booking Acceptance; and
7.once we have received your payment in full and cleared funds, we issue you with a booking confirmation email (“Booking Confirmation”).
A binding contract will come into existence between you and us as soon as we have issued you with a Booking Confirmation and these
Booking Conditions form part of that binding contract. We shall provide you with details of our bank account on our Booking Form and Quotation.
We reserve the right to return your payment and decline to issue a Booking Confirmation at our absolute discretion.
If we do not receive payment from you within 10 days of our Booking Acceptance, we reserve the right to treat your booking as cancelled by you.
Upon receipt, if you believe that any details on the Quotation (or any other document) are wrong you must advise us immediately and, in any event, within 10 days of the date of receipt of our Quotation (or any other document).
Please note that any non-refundable fees paid by us as part of your holiday, including but not limited to, golf course fees and spa treatments which we are required to pay, are non-refundable to you.
All prices and payments are stated in and must be paid in pounds Sterling (£GBP).
We use reasonable endeavours to ensure that all the information and prices both in our brochures and marketing materials are accurate. However, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before commencing the booking process set out above.
Adequate travel insurance is vital. It is a condition of you booking with us that you and all other members of your party, including infants and children, are adequately insured on your holiday and you must provide us with your travel insurance policy number when you fill in the Booking Form. You must be satisfied that your insurance fully covers all your personal, travel and medical requirements including, but not limited to, cancellation charges, medical expenses, loss of or damage to personal belongings, pre-existing medical conditions and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses, claims or expenses howsoever arising, in respect of which insurance cover would otherwise have been available.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
The price of your confirmed holiday is subject at all times to variations in:
a)transportation costs, including the cost of fuel; or
b)any applicable dues, taxes or fees chargeable for services; or
c)any other variations in costs which affect the total cost of your holiday.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for all amounts over and above any 2% variation. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of: (i) accepting a change to another holiday, if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or (ii) cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your revised Quotation or invoice.
There will be no change made to the price of your confirmed holiday within 30 days of the date of departure for your holiday nor will refunds be paid during this period. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that some apparent changes have no impact on the price of your travel due to contractual and other protections in place.
5.JURISDICTION AND APPLICABLE LAW
These Booking Conditions and any contract between you and us to which they apply are governed in all respects by Scots law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Scottish Courts.
6.CUTTING YOUR HOLIDAY SHORT
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
7.CHANGES BY YOU
If you wish to change any part of your booking arrangements after our Booking Confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the Lead Person on the booking or the person making the booking on behalf of the Lead Person. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given. Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
8.IF YOU CANCEL
If you or any other member of your party decides to cancel your confirmed booking, you must notify us in writing by email. Your notice of cancellation will only take effect when it is received by us and will be effective from the date on which we receive it. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges, which are not refundable in the event of the person(s) to whom they apply cancelling):
|Period before departure within which notice of cancellation is received by us in writing||% of total booking price retained by us|
|more than 12 weeks||25%|
|6 to 12 weeks||50%|
|1 to 6 weeks||75%|
|Less than 1 week||100%|
Note: certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
9. IF WE CHANGE OR CANCEL
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 12 weeks before your departure date, except for reasons of force majeureor failure by you to pay the final balance.
Occasionally we may have to make a major change to your confirmed arrangements. ”Examples of “major changes” include the following, when made before departure:
a)a change of accommodation area for the whole or a significant part of your time away;
b)a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away;
c) a change of outward departure time or overall length of your arrangements of twelve or more hours; or
d) a significant change to your itinerary, missing out one or more destination entirely.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
a)(for major changes) accepting the changed arrangements;
b)having a refund of all monies paid; or
c)accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we make a major change or cancel, less than 12 weeks before departure, we may also pay you compensation at our sole discretion If we offer you compensation, this does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where we make a major change or cancel more than 12 weeks before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 45 days before departure).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any additional expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you. Very rarely, we may be forced by "force majeure" (see clause 10) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to, volcanic eruptions, volcanic ash, war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather or forecast adverse weather, sea, ice and river conditions and all similar events outside our or the relevant supplier’s or suppliers’ control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
12.DISABILITIES AND MEDICAL PROBLEMS
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform us by contacting us immediately and we will endeavour to put things right.
Contact: Vikki Bruce
Merryhill, Charlestown, Fife, KY11 3DU
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of third parties. If in our opinion or in the opinion of any accommodation manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of third parties who have no connection with your booking arrangements or with us.
We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
a)the act(s) and/or omission(s) of the person(s) affected;
b)the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c)unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or d)an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
We limit the amount of compensation we may have to pay you if we are found liable under this clause:
a)loss of and/or damage to any luggage or personal possessions (in your possession from the commencement of your holiday but excluding gifts or purchases made on your holiday) and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
b)claims not falling under (a) above and which don’t involve injury, illness or death.
The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
c)claims in respect of travel by air, sea and rail, or any stay in accommodation
I.You agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
II.When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. It is a condition of our acceptance of liability under this clause that you notify any claim to us in accordance with the complaints procedure set out in these conditions.
Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide us and our insurers with all assistance we may reasonably require.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
We will not accept any liability for any items, goods or products purchased on your holiday (including but not limited to, jewellery, art, spirits and other alcohol, furniture, cars, clothes, accessories or any other item). You agree that your contract for purchasing such items shall be with the supplier or provider of such items and that you and/or they shall be responsible for the uplift, transportation, delivery and insurance of such items to your residence, or other selected destination or address. You shall also be responsible for the payment of any applicable taxes, charges, levies, duties, fees or expenses required to deliver such items to your selected destination. We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. If you wish us to arrange additional services, travel or accommodations (which were not included in your original Quotation, we shall use our reasonable endeavours to arrange these on your behalf (subject to any time, travel, accommodation, or booking constraints) for additional fees to be agreed between us.
The Package Travel, Package Holidays and Package Tours Regulations 1992 requires travel companies to provide security for the monies that consumers pay for certain types and combinations of travel arrangements booked with them and for consumers’ repatriation in the event of their insolvency. We provide this protection by way of a trust account controlled and administered by Travlaw LLP, an independent firm of travel specialist solicitors. All money that you pay to us for travel arrangements requiring financial protection will be paid into a separate and designated Travlaw Trust bank account and will remain there until you have completed your contracted travel arrangements. This means that in respect of all arrangements requiring protection, in the event of our insolvency, funds will be available to ensure that you are not left stranded abroad or will receive a refund of the money you have paid for an advance booking. For further information go to the www.travlawtrust.co.uk consumer zone.
If you book arrangements other than a package from us, your monies will not be financially protected. Please ask us for further details.
17.PASSPORT, VISA AND IMMIGRATION REQUIREMENTS AND HEALTH FORMALITIES
It is your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
18.CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions, which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions.
19.FLIGHTS & FLIGHT DELAYS
We do not sell flights and as such it is your responsibility to arrange your own flights and other associated services to the required pick up destination in Scotland where we collect you (for example, Edinburgh, Glasgow, Aberdeen or Inverness).
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned immediately. As we do not offer flights or other transport as part of our package, we have no liability whatsoever to you in respect of any such delays or cancellations. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.
I HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS & CONDITIONS.