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Isle of Skye

Best of Scotland Terms & Conditions


Your contract is with MJD Holidays Ltd., t/a Best of Scotland Holidays. Our office is based at Unit 1, Waverley Road, Mitchelston Industrial Estate, Kirkcaldy, Fife, KY1 3NH, Scotland. These are the terms and conditions of your holiday contract. Please read them carefully as you are bound by them.
 
The Contract
 
* When you make a booking you confirm that you have the authority to accept and do accept on behalf of your party the terms and conditions set out below. A contract will exist as soon as we issue our confirmation invoice. You must check this confirmation carefully and raise any queries immediately upon receipt. Your contract is made on the terms of these booking conditions which are governed by Scottish law and any claim or dispute will be subject to the jurisdiction of the Scottish Courts. You may however choose the law and jurisdiction of England or Northern Ireland if you live in those places and wish to do so.
   
* All holiday arrangements and activities are subject to availability at the time of booking. No contract shall be made until the deposit (or full price, depending on the date of travel) has been paid, whether or not a booking confirmation has been issued. If the deposit and/or balance is not paid in time, we will cancel your holiday and/or retain your deposit. Please note that no reminder will be sent out should you default on any required payment.
   
* A booking can only be made by a person aged 18 years or over. All passengers who, at the time of departure, are under the age of 18 years must be accompanied by a responsible adult.
 
The Holiday Price
 
* Brochure prices can go up and down, and we will inform you of the up to date price of your selected holiday at the time of booking. You will then sign a booking form and pay a deposit of £100 or any higher deposit which may apply to your particular holiday. You will be informed of the total deposit payable at the time of booking. The price quoted at the time of booking will be fully guaranteed by Best of Scotland Holidays and will not be subject to any surcharges, unless you make any amendments to your booking. The balance of the price of your holiday must be paid at least 45 days before your arrival date.
   
* Unless we have advised to the contrary (in which case we advise the amount we expect to receive in the appropriate currency) all payments must be made in pounds sterling and all cheques must be drawn on a UK bank. Credit/Debit card payments are subject to a surcharge of 3% (there is no charge for UK debit cards), and the same surcharge applies for all refunds. Clients may also choose to send payment by wire transfer. Please contact Best of Scotland Holidays for the relevant details.
 
Financial Protection
 
* The holidays we provide are fully insured. In the unlikely event of our insolvency you are protected in that our insurers will make arrangements to refund any money you have paid to us for an advance booking.
 
Insurance
 
* We strongly advise that every passenger should have travel insurance in force for the entire duration of the holiday. It is your responsibility to ensure that you are adequately insured for your trip.
 
Mobility/disability restrictions and special requests
 
* If you have any mobility restriction or other disability, health problems or food allergies which may require special treatment or assistance at any time during your holiday, you must advise us at the time of booking. Whilst we will make every effort to accommodate you, we regret that we cannot guarantee to be able to meet any particular special request unless we have specifically confirmed this in writing. If we reasonably feel that we are unable to accommodate the needs of any client who has particular health requirements, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details and apply cancellation charges as described in Clause 7 of these conditions.
   
* Special requests such as room location, particular facilities, dietary requirements etc. must be made at the time of booking. We will pass on your request to the hotel or other service provider but cannot guarantee that it will be accommodated.
 
If you change your booking
 
* If, after our confirmation invoice has been forwarded to you, you wish to change your holiday in any way, we will do our best to meet your request but it may not always be possible. Any such request must be in writing from the person who made the booking or from your travel agent. You will be asked to pay an administration charge of £10 per person and any further costs we incur in making the changes. 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.
   
* You may also transfer a booking to another person, provided that the new passengers meet the requirements of these booking conditions and provided that we are notified in writing not less than 14 days before the departure date. We will not, however, confirm such a booking transfer until all costs and charged incurred by us (including any charges and costs levied by a supplier) have been paid together with an amendment charge of £10 per person. We reserve the right to require the balance of the holiday price or any other sum due under the contract to be paid before we confirm the booking transfer. Where we do not impose such a condition, both the original passengers and the new passenger shall be responsible for the payment of any sum due to us and both shall also be responsible for obtaining any necessary travel documents.
 
If you cancel your holiday
 
* You or any member of your party may cancel your holiday at any time. Written notification from the person who made the booking and signed the booking form on your behalf must be received at our offices. Since we incur costs in cancelling your holiday, you will have to pay the applicable cancellation charges up to the maximum shown below;

Period before departure in which written notification of cancellation is received

Amount of cancellation charge as % of total holiday price
46 days or more Deposit only
45 – 31 days 50%
30 days or less 100% of total holiday cost
   
* Where any cancellation reduces the number of full paying party members below the number of free places and/or concessions agreed for your booking we will recalculate these items and invoice you accordingly.
c) We would strongly recommend that you take out full insurance, which should then in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees. See clause 4 of these conditions.
 
If we change/cancel your holiday
 
* It is unlikely that we will have to make any changes to your holiday but we do plan the arrangements many months 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 or your travel agent of them at the earliest opportunity. We reserve the right in any circumstances to cancel your holiday. For example if the minimum number of persons required for a particular holiday is not reached, we may have to cancel it. However we will not cancel your holiday less than 8 weeks before departure date, except for reasons of force majeure* or by reason of your failure to pay the final balance of the price. If we are unable to provide your holiday, you may choose between a refund of all monies paid or such alternative holiday of a comparable standard as we are able to offer if available (we will refund any price difference if the alternative is of a lower value). If we do have to cancel your holiday, we will also pay you compensation as set out below. Examples of minor changes include change of accommodation to another of the same standard in the same city or region or change of golf course to another of similar quality.
   
* If we make a major change to your holiday or we have to cancel your holiday, we will inform you or your travel agent as soon as reasonably possible before departure. You will have the choice of accepting the changed arrangements or accepting an alternative holiday of comparable standard as we are able to offer if available (we will refund any price difference if lower value) or cancelling your holiday and receiving a full refund of all monies paid. In all cases (except where the major change arises due to reasons of force majeure**) we will pay compensation as set out below:

Period before the day of departure within which cancellation or a major change is notified to you

If we make a major change to your holiday
Amount you will receive from us

46 days or more £0 Deposit only
45 – 29 days £5.00 per person
28 – 15 days £7.00 per person
14 – 8 days £10.00 per person
7 days or less £15.00 per person

If we cancel your holiday
Amount you will receive from us

46 days or more Deposit only
45 – 29 days full refund plus £5.00 per person
28 – 15 days full refund plus £7.00 per person
14 – 8 days full refund plus £10.00 per person
7 days or less full refund plus £15.00 per person

**Force majeure means that we will not pay you compensation if we have to cancel or change your holiday in any way because of unforeseeable circumstances beyond our control. These an include for example, war, threat of war, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, adverse weather, sea and ice conditions.
   
* We reserve the right to make adjustments to the advertised itinerary to take into account passenger safety, comfort and enjoyment which may include weather conditions. In no circumstances shall we be liable for any consequence arising from adverse weather conditions experienced during your holiday.
 
If you have a complaint
 
* If you have a problem during your holiday, please inform us and we will immediately endeavour to put things right. We strongly recommend you communicate any complaint to the supplier of services and complete a report form where available, during your holiday. Failure to do so may affect our ability to investigate the matter complained of, and your rights under the contract. If your complaint is not resolved locally please follow this up in writing, within 28 days of your return home. Please give your booking reference number and any other relevant information.
 
Our liability to you
 
* We accept responsibility for the full and proper performance of your holiday as described on our website. If any part of your holiday is not provided as promised, due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation. Subject to paragraphs 10b), 10c), 10d), 10e) below, our liability in all cases shall be limited to a maximum of twice the cost of your holiday.
   
* We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub contractors whilst acting within the scope of or in the course of their employment in the provision of your holiday. Please note however that we will not be liable for any injury, illness or death or consequent losses suffered by you or any member of your party where such injury, illness or death was not caused by lack of reasonable care/skill on our part or that of our suppliers in performing our obligations under the contract. We will accordingly pay to you such damages as are applicable in such circumstances under Scottish Law or the Law you have chosen under Clause 1 of this contract.
   
* We will not be responsible for any claim arising as a result of any or all of the following;-
 
1. The fault of the person(s) affected or any member(s) of their party.
   
2. The fault of a third party not connected with the provision of your holiday which we could not have predicted or prevented.
   
3. The fault of anyone who is not carrying out work for us (generally or in particular) at the time.
   
4. An event or circumstance that we or the supplier(s) of the service in question could not have predicted or prevented. This may include (but is not limited to) an occurrence of force majeure as described in these booking conditions.
   
* In respect of travel by sea, rail and air, and the provision of accommodation, our liability will be governed by and limited in accordance with the relevant international conventions including, for carriage by air the Warsaw Convention 1929, and the Montreal Convention 1999, for carriage by sea, the Athens Convention 1974 for travel by rail, the Berne Convention and for accommodation arrangements the Paris Convention 1962. The provisions of these Conventions and any other convention in force at the time of your holiday are incorporated into these booking conditions and form part of your contract. Copies of these international conventions are available upon request at our offices.
   
* In respect of claims for death and personal injury we will not be liable for any loss of profit of loss of business or any form of consequential loss or damage, whether or not arising as a result of physical damage to property and regardless of the actual cause of such loss or damage.
 
Website Accuracy
 
* All information contained on our website is based on information available at the time of publication. We reserve the right to change any website information before your booking is confirmed and the amended information will then form part of your contract with us. Whilst every effort is made to ensure the accuracy of the website and prices, regrettably errors do occasionally occur. We reserve the right to correct errors prior to confirming your booking.
 
Behaviour
 
* We reserve the right within our reasonable discretion to terminate the holiday, without notice, if you or your party's conduct or behaviour is disruptive in any way and/or affects the enjoyment of other holidaymakers. We shall not accept liability for any extra costs incurred by you/or your party as a result of our doing so.
 
Conditions of carriage
 
* The carrier companies that provide the transportation for your travel arrangements produce conditions of carriage which form part of your contract both with us and with the carrier companies. You may ask for copies of the relevant conditions of carriage from our offices.
 
General information
 
* Unused services or features of any tour are not refundable or exchangeable
   
* Certain golf courses stipulate maximum permitted handicaps. Clients are reminded that they should bring with them a current handicap certificate, or, in certain cases, a letter of introduction from their club secretary may suffice. Starters may wish to inspect this document plus photo ID prior to play. If you this is unclear, please contact Best of Scotland Holidays for advice.
   
* St Andrews Links Management Committee Regulations state that requests for St Andrews Old must be accompanied by a request for one of the other courses under their control, ie New, Jubilee, Eden or Strathtyrum.
 
*You will be advised by Best of Scotland Holidays and/or your Travel Agent to expect a welcome pack with duplicate travel documents and/or any tickets and passes on arrival, either with the car rental company or at your first hotel. It is the client's responsibility to request this pack from the relevant supplier.
 
Passports, Visas and Health
 
* It is your responsibility to be in possession of a valid passport and any necessary visas. The name in the passport must match the name on your ticket where provided. It is recommended that your passport is valid for at least 6 months beyond your planned return date. If you are not a British citizen, you should contact your Embassy for information and advice on the passport and visa requirements of the countries you propose to visit. We also cannot accept liability or consider refunds for clients who cannot travel because of incomplete or incorrect documentation.
   
* The Foreign & Commonwealth Travel Advice Unit may publish information about your destination on the internet www.fco.gov.uk The Department of health website at www.doh.gov.uk also provides health advice for travellers.
 
Data Protection
 
* For the purposes of the Data Protection Act 1998 we, Best of Scotland Holidays, are a data controller. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party's members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We must pass on your personal details to the companies and organizations who need to know them so that your holiday can be provided (for example your hotel, transport companies, credit/debit company or bank). The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
   
* We have appropriate security measures in place to protect the personal details you give us. We will not pass any information on to any company and/or organisation not responsible for providing any part of your travel arrangements. Where you provide us with personal details relating to any special requirements such as those mentioned above, you consent to this information being passed onto any organisation or companies responsible for any part of your travel arrangements. If we cannot pass this information to the relevant suppliers, we cannot provide your travel arrangements.
   
* We are entitled to assume you do not object to our doing any of the things mentioned above unless you tell us otherwise in writing. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. In limited circumstances we are entitled to refuse your request. Except where expressly permitted by the Data Protection Act 1988, we will only deal with the personal details you give us as set out above unless you agree otherwise. For example, if we wish to use any of your personal details for marketing purposes, we will tell you this when we ask for your details and give you the opportunity to say no if you do not want us to do so.
 

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