McIntosh Tours Terms and Conditions
McIntosh Tours Limited (“the Company”) accepts your (“the Customer”) booking under the following terms and conditions.
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 McIntosh Tours Limited (No: SC558270) (‘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.
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.
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.
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.
Bookings can be made via our website, by telephone or by contacting us by email at firstname.lastname@example.org
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 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 full payment being received from you.
Any fees payable to third parties (such as castle admission fees or restaurant bills) or guided tours outside those offered by McIntosh Tours Limited are not included in the tour price unless expressly stated in the tour description.
Unless otherwise expressly stated in the tour description, the cost of accommodation is not included in the price, although we may be able to recommend appropriate accommodation to you. 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.
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, the balance owing must be paid to us no later than 30 days before your date of your tour commencing. 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 (3.3).
We accept, bank transfers and credit or debit card and PayPal. There are no fees for any payment method.
Changes by You
If you wish to change any part of your confirmed booking, you should inform us in writing as soon as possible. This should be done by the lead passenger named on the booking. Whilst we will do our best to assist you, we cannot guarantee that we will be able to meet your request.
Where we can meet a change request made you will be required to meet any extra costs incurred by us (and any costs or charges incurred or imposed by any of our suppliers) in making the requested change. Where we are unable to meet your change request and you no longer wish to travel on the basis of the original booking, this will be treated as a cancellation of your booking and cancellation charges may be payable by you, as outlined below.
If, once your booking is confirmed, you are unable to travel for any reason then we will allow you to transfer your booking to someone else (introduced by you, and who satisfies all of the conditions applicable to the booking) provided that
i. we are notified of this in writing at least 7 days prior to departure;
ii. you and/or the transferee make payment of any costs and charges incurred by us and/or imposed by our accommodation providers or other suppliers, and
iii. the transferee agrees to these conditions and all other terms of the contract between us.
For the avoidance of doubt, no transfer requests or changes will be finally confirmed until full payment of all applicable charges referred to above have been received by the Company.
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 a reasonable time prior to your due date of departure.
(b) Other changes
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 withdraw. Also if you wish to add an additional person to the tour (subject to our approval) the total price will remain the same. We require your authority in writing before we can make any change. 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.
McIntosh Tours have no responsibility for any accommodation issues which arise from group changes/cancellations. This will solely be your responsibility. In the event of accommodation issues being impossible to resolve and the tour being cancelled charges will apply as listed below.
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.
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 and paid by you relating to your tour in the event of cancellation by you.
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 the table below. Our cancellation charges increase the nearer the cancellation is made to your tour commencing as we may not be able to resell your tour without making significant price reductions, or at all.
We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your tour.
3.3. Cancellation charges
Number of days left before your due date of commencement when your authority in writing is received by us. Cancellation charge (expressed as a percentage of the total tour price)
30 days or more Deposit only
29 – 22 days 40 %
21 – 15 days 60 %
14 – 8 days 90 %
7 days or less 100 %
Changes by Us
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, transport or accommodation if required to do so. In the case of accommodation, a similar standard of accommodation will be obtained wherever possible. The majority of any such alterations will be minor and we will try to advise you of them at the earliest possible date.
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
i. to take an alternative tour of equivalent or superior quality, if we are able to offer that, or
ii. to take a substitute tour of lower quality if we are able to offer that (in which event the difference in price between the original and the substitute tour will be refunded to you); or
iii. to cancel your booking and obtain a full refund of all monies paid by you.
Please be aware that the nature of travel involves risks and unpredictable weather and road conditions and we cannot, therefore, guarantee any departure or arrival times at any particular points of a tour itinerary.
Cancellation by You
If you wish to cancel your booking after our booking confirmation has been issued, you should inform us in writing as soon as possible – the effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges may be payable, as set out below.
For one day sightseeing tours, the following cancellation charges shall apply (depending on the effective date of cancellation):-
a. cancellation more than 72 hours before the tour departure: you will be charged 10% of the price paid by you in respect of your sightseeing tour;
b. cancellation less than 72 hours before the tour departure: we shall be entitled to charge the full amount of the price paid by you in respect of your sightseeing tour unless we agree (entirely in our discretion) to pay you a full or a partial refund. We will advise you of our decision on this upon receiving your cancellation request/enquiry.
Cancellation by Us
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.
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.
Refusal of Travel
The Company reserves the right to refuse to carry any person whose conduct or manner is likely to cause offence or upset to other passengers. 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
A number of aspects of your tour are supplied by independent suppliers – such as restaurants or entrance fees to castles. They supply their services subject to their own terms and conditions.
The Company will not accept or have any liability for any acts or omissions (whether negligent or otherwise) of any supplier or person providing services in connection with any tour unless such a person is employed by or under the direct control of the Company.
The Company cannot assume responsibility for any costs incurred for any travel arrangements or accommodation purchased separately from the Company.
(a) Multi day Tours
i. We will take reasonable skill and care in performing our contractual obligations and if we fail to use reasonable skill and care or are negligent and you are able to prove we have caused you loss or damage, we may, subject to these Terms & Conditions, accept responsibility for compensating you.
ii. If you feel that any part of your tour arrangements is not provided as promised, you must, as soon as possible, notify ourselves as soon as possible. You must provide us with details in writing at the earliest opportunity.
iii. Where, as a result of our failure to properly perform our obligations, we have failed to provide you with a significant proportion of the services which you have contracted with us to provide, if you are still on tour we will (where possible and appropriate to the circumstances), endeavour to organise suitable alternative arrangements at no extra cost to you and may pay you an amount in compensation. Where, as a result of our improper performance, we have failed to provide you with a significant proportion of the services which you have contracted with us to provide and suitable alternative arrangements are not available or are unacceptable to you for good reasons then (where appropriate) we will make arrangements for you (and where other members of your party are affected, those members of your party) to return to your place of departure at no extra cost to you. In all other cases (i.e. where we have not failed to provide you with a significant proportion of the services which you have contracted with us to provide) our obligation following your notification to us is to investigate matters and (where appropriate) make prompt efforts to find appropriate solutions.
iv. Our liability in all cases shall be limited to a maximum of 2x the total cost of your holiday (including deposits and administration charges). We do not accept responsibility for the acts and/or omissions of any third parties with whom you may have made any bookings or arrangements direct – including accommodation.
v. None of the provisions of this paragraph 5(a) shall have the effect of excluding or limiting our liability in respect of any personal injury or death of you or any member of your party during your tour directly resulting from our own acts or omissions or the negligent acts or omissions of our employees, in the performance of our contractual obligations to you. We do not accept any responsibility for death, injury or illness caused by any act or omission whether of any third parties acting outside of our authority, instructions or control or with whom you may have made any bookings or arrangements direct or any cause which we could not reasonably prevent.
vi. We are not liable to you where our failure or the improper performance of any of our obligations to you is due to:
• any fault or failure of you or of any member of your party
• any fault or failure of any third party unconnected with us and the provision of the services for which you have contracted with us to provide which are unforeseeable or unavoidable
• circumstances beyond our or reasonable control (which circumstances are without limitation described in paragraph 4(c)) although we will endeavour following notification to us to provide you with our prompt assistance where our failure or improper performance results from circumstances not due to any fault or failure of you or any member of your party.
viii. You should note that any acceptance of liability on our part is subject in all cases to set off or reduction of the amount of any claim made against us to take into account any amount paid to you or any member of your party at any time arising from the same cause or circumstances pursuant to a policy of insurance.
ix. Nobody other than our staff are permitted to act as our agents in booking any alternative activities other than those approved and offered by us and which you have purchased directly from us. We are not responsible for such activities and have no liability to you in respect of any of them.
(b) Special requirements
If you have any special requirements (dietary or otherwise) you must inform us of these at the time of booking so that we can make provision for them. We cannot guarantee that your requirements will be met, however, and we are not liable to you in the event that your wishes are not met.
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. Where appropriate, we will pass any special requests on to your accommodation provider(s), but we cannot be held responsible for their failure or inability to meet your request. Please also be aware that some accommodation providers may make an additional charge (payable locally) depending on the nature of your request. We regret that we cannot accept bookings which are conditional on any special request being met.
Disabilities and Medical Problems
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.
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.
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.
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.
Smoking is not permitted inside any tour vehicle but there are frequent stops en route for passengers who wish to smoke.
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. Any complaints regarding accommodation should, be raised with the relevant accommodation provider.
If your complaint is not resolved locally and you wish to complain further then please contact us at email@example.com providing all relevant information necessary to enable us to consider your complaint. 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.
The Company strongly recommends that passengers arrange suitable travel, medical and cancellation insurance.
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 accommodation 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.
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 firstname.lastname@example.org if you would like to see this.
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
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.
Governing Law and Jurisdiction
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 (save that you may choose the law and the courts of England, Wales, Northern Ireland or Eire if you live in any of those places and wish to do so).
McIntosh Tours Limited.
Company Registered in Scotland Number SC558270. Registered Office: Westhill Cottage, Main Street, Bankfoot, Perthshire, PH1 4AB Scotland.