These terms and conditions, together with any other written information brought to your attention before we confirm your booking, shall form the basis of your contract with Westhill Enterprises Limited trading as McIntosh Tours (company number: SC558270 and registered office: Westhill Cottage, Main Street, Bankfoot, Perthshire, PH1 4AB Scotland (‘us’, ‘we’ or the ‘Company’) in respect of the relevant tour (together referred to in these terms and conditions as ‘tours’) to be provided by the Company. Please read these terms and conditions carefully and contact us if you have any queries.
2. Within these conditions, ‘you’ and ‘your’ means all persons named on the booking. By making a booking, the ‘lead passenger’ specified in the booking will be deemed to have accepted these conditions on behalf of all passengers named within the booking. It is the responsibility of the “lead passenger” to ensure that these terms and conditions are brought to the attention of all passengers.
3. We endeavour to ensure that the information and prices in our literature and on our website are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You should check the current price and all other details relating to the arrangements that you wish to book before your booking request is made. All tours are sold subject to availability.
4. None of these terms and conditions are intended to contravene or contradict any provision of The Consumer Rights Act 2015 and your statutory rights under any such legislation are not affected.
5. Bookings can be made by contacting us by phone on 07812 076302 or email at hello@mcintoshtours.co.uk.
6. Your booking is not confirmed until we have issued your booking confirmation. At that point a binding contract will be entered into between us. Unless otherwise agreed, a booking confirmation will only be issued once we have received a 20% deposit or full payment from you. We cannot be held responsible if any tour in which you are interested becomes fully booked or otherwise unavailable prior to a payment being received from you.
Pricing
7. Any fees payable to third parties (such as castle admission fees or restaurant bills) or guided tours outside those offered by The Company are not included in the tour price unless expressly stated in the tour description.
8. Unless otherwise expressly stated in the tour description, the cost of accommodation is not included in the price. Please ask us about this at the time of making your booking enquiry. If you choose to use any accommodation recommended by us you do so independently. We accept no liability with regard to any disputes that may arise between yourself and any accommodation provider.
9. You will be notified at the time of booking of the price of your tour. You will be required at the time of booking to pay us a non-refundable deposit, typically up to 20% of the quoted tour price, and the full tour price of a booking should be made at least 30 days prior to departure. In certain circumstances (depending on the nature of the booking) we will require a non-refundable deposit in excess of the usual 20% (for example if your tour requires numerous ferry bookings to be made). On these occasions we will require additional payment in advance. Unless you are making a late booking with our express consent, the balance owing must be paid to us no later than 30 days before the date of your tour commencement. If we do not receive the balance by this time then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges.
10. As directed by The Package Travel and Linked Travel Arrangements Regulations 2018 all monies paid by the traveller are held in a trust account. The account can be used to pay for accommodations, experiences and attractions prior to travel. Our Trust Fund is held with Protected Trust Services LTD:
Westhill Enerprises LTD
HSBC
19 Minster Street
Salisbury
Wiltshire
SP1 1TE
Payments are made throught their Protected Payment Services LTD ecommerce payment gateway.
Transfers
11. Where you are or any member of your party is prevented from travelling for any reason (including death, illness or jury service) we will transfer your booking to any other person satisfying all the requirements relating to your tour notified to us by you in writing in a reasonable time prior to your due date of departure.
12. If you wish to make any other change to your booking at any time after our booking confirmation has been issued, we will try but cannot promise to meet your request. The total cost of your tour will remain the same if any of your party withdraws. Any requests to change to your booking shall be made to us in writing. In the event that any change is requested in relation to a group booking we require the authority in writing of the lead name before we can make the change.
13. The Company have no responsibility for any issues which arise from your request to make booking changes/cancellations. This will solely be your responsibility. In the event of issues being impossible to resolve and the tour being cancelled charges will apply as listed below.
Cancellations
14. If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require your authority in writing or (in the case of a group booking) the authority in writing of the lead name to do so.
15. Our cancellation charges will apply (see the table ‘cancellation charges’ below). These are calculated with reference to the date on which we receive your authority in writing. We will not refund to you any deposits, other fees or charges made by us to third parties and paid by you relating to your tour in the event of cancellation by you.
16. We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per paragraph 18 below. Our cancellation charges increase the nearer the cancellation is to your tour commencing as we may not be able to resell your tour without making significant price reductions, or at all.
Cancellation charges
17.Depending on the number of days left before your tour date of commencement when your authority to cancel the tour in writing is received by us, the payable cancellation charge (expressed as a percentage of the total tour price) will be as follows:
a. 30 days or more Deposit only
b. 29–22 days 40%
c. 21–15 days 60%
d. 14–8 days 90%
e. 7days or less 100%
Changes by Us
18. While the Company shall do everything reasonably possible to provide your tour itinerary and details as planned, the Company reserves the right to alter itineraries, guides and transport if required to do so. We will advise you of them at the earliest possible date.
19. In the unlikely event, however, that we are required to significantly alter a material part of your tour (including the date of travel), we will notify you of this as quickly as possible in order to enable you to decide how you wish to proceed. In such event you will be entitled:
a. to take an alternative tour if we are able to offer that, or
b. to cancel your booking and obtain a full refund of all monies paid by you.
20.Please be aware that the nature of travel involves risks, including (but not limited to) unpredictable weather and road conditions and we cannot, therefore, guarantee any departure or arrival times at any particular points of a tour itinerary, or be held liable for any losses that incur through failing to meet the times of the tour itinerary.
Cancellation by Us
21. We will only cancel tours due to unforeseeable circumstances which are outwith our control or which might jeopardise your safety. If we cancel your tour then we will always refund you, in full, for all sums paid by you.
22.You are responsible for ensuring that you have all passports, visas and other travel documents necessary for your lawful stay in the UK and that you are at the correct departure point at the correct time. We cannot accept any responsibility for your failure to do so, nor any costs or expenses incurred as a result of you failing to do so (which will be treated as a cancellation by you). No monies will be refunded for any missed departures or unused services.
23.The Company reserves the right to refuse to carry any person whose conduct or manner is likely to cause offence or upset. The Company reserves the right to refuse to carry any person who acts in an abusive manner towards any of the staff of The Company. The Company also reserves the right to refuse travel to any person who is experiencing medical symptoms likely to cause ill health to others. It is therefore vital that you ensure that you are fit to travel on the departure date.
In either of the cases mentioned above, full cancellation charges shall be applied by the Company and the Company shall have no further liability to that passenger or to any person travelling with them.
Our Liability and Actions of Suppliers and Third Parties
24. A number of aspects of your tour may be supplied by independent suppliers – such as ferry operators or entrance fees to castles. They supply their services subject to their own terms and conditions.
25.The Company will not accept or have any liability for any acts or omissions (whether negligent or otherwise) of any independent supplier or third person providing services in connection with any tour unless such a person is employed by or under the direct control of the Company.
26.The Company cannot assume responsibility for any costs and/or losses incurred for any travel arrangements or accommodation purchased separately from the Company.
27.Clients (customers) must have appropriate and adequate insurance (with a reputable insurer) to cover death, personal injury, medical expenses, repatriation expenses, loss of or damage to luggage and contents of same and expenses associated with cancellation or curtailment of a tour.
28.Each client is responsible for loss of or damage to baggage or personal possessions or consequential loss arising there from.
29.In the event of client illness, you must accept responsibility for any medical costs incurred and the Company shall not be liable to refund any part of the tour cost.
30.It is incumbent on each client to ensure that insurance cover held is both current and adequate for the particular needs of such client and/or group for which such client is responsible.
31. Our liability in all cases shall be limited to a maximum of the total cost of your tour.
Disabilities and Medical Problems
32. Any special requests should be advised to us at the time of booking. Whilst we will try to accommodate your reasonable special requests, we cannot guarantee that they will be fulfilled and failure to meet any special request will not be a breach of contract on our part. We regret that we cannot accept bookings which are conditional on any special request being met.
33. We will try to accommodate disabilities and medical problems where we can but please be aware that some of our tours may not be suitable. If you or any member of your party has any disability or medical problem which may affect their ability to travel on our tour then please provide us with full details at the time of making your booking enquiry, so that we can advise you as to the suitability of your chosen arrangements. If we are not informed of any disabilities or medical problems in this way then we cannot be held responsible for any cost or inconvenience incurred if we are unable to accommodate you or any member of your party.
34.If, acting reasonably, we are unable to accommodate the needs of the person(s) concerned then we will not confirm your booking or (if you did not give us details of the disability or medical problem at the time of making the booking request) we shall be entitled to cancel your booking and to levy the relevant cancellation charges.
a. Children
b. Luggage
c. Smoking
d. Complaints
35. We will endeavour to accommodate children under the age of twelve with the appropriate child car seat. We do however reserve the right to refuse to a booking if we are unable to provide an appropriate car seat for any child passengers as we are required to do so by law. In this circumstance, a full refund would be issued.
36.Unless otherwise notified, passengers are restricted to one bag/small backpack. Luggage is carried free of charge but at the passenger’s own risk. It is the passenger’s responsibility to ensure that luggage is fit for travel, sturdy and waterproof.
37. Smoking is not permitted inside any tour vehicle but there are frequent stops en route for passengers who wish to smoke.
38.We actively welcome your feedback, both in respect of our own services and those provided by other suppliers (such as accommodation providers). In the event that you have any complaint during the course of your tour then please bring this to the attention of your driver or tour guide as soon as possible, and we will endeavour to resolve the matter to your satisfaction.
We would request that any complaints be raised with us within 28 days of the end of your tour, as otherwise our ability to investigate the complaint properly may be affected.
Data Protection
39. In order to process your booking and to ensure that your travel arrangements run smoothly, we will need to use the personal information which you provide to us (such as your name, address, contact details, any special requirements etc). We may also use the information provided to keep in touch with you and to advise you of the Company’s products and services (including special offers) from time to time. In addition, we may be required to pass this information on to third parties (such as attraction providers or other suppliers relevant to your booking). We will not, however, pass your information on to anyone who is not involved in providing (or arranging the provision of) any product or service related to your booking.
40.Where you provide us with personal details such as those mentioned above, we are entitled to assume that you do not object to us using or disclosing your information for the purposes mentioned above, unless you advise us otherwise in writing. You are entitled to see a copy of your information which is held by us – please contact us at hello@mcintoshtours.co.uk if you would like to see this.
Force Majeure
41. Unless expressly stated otherwise in these terms and conditions, we will not have any liability to you if we are prevented from fulfilling our contractual obligations to you as a result of any event which is outwith our control (and/or outwith the control of the supplier or provider of the service in question). Such events may include (but are not limited to) war or threat of war; terrorist activity or the threat of terrorist activity; civil commotion or riot; any action taken by a governmental or public authority; industrial disputes; collapse of buildings, fire, explosion or accident; traffic or road conditions or road closures; technical or mechanical breakdown; adverse weather conditions; natural disasters and all similar events or circumstances.
Enforceability of Terms
Governing Law and Jurisdiction Westhill Enterprises Limited.
42.If any provision of these terms and conditions is found to be illegal or unenforceable, that shall not affect the validity and enforceability of the remainder of these terms and conditions.
43. These terms and conditions shall be governed by and construed in accordance with Scots law and any matter or claim arising from them shall be dealt with only by the Scottish courts.
