1 - Terms and conditions
Unforgettable Scotland accepts your booking under the following terms and conditions (the Terms).
2 - General
These Terms together with our written quotation (our Quotation) supplied to you shall form the basis of the contract (the Contract) under which we shall provide the tour (the Tour) to you.
Please read these Terms and our Quotation in full prior to confirming your acceptance to us of the Contract.
If you are travelling as part of a group, you (as the lead passenger) hereby agree that you are consenting to these Terms for and on behalf of all passengers and that you have received all necessary consents to act on each other passenger's behalf.
None of these Terms nor any other element of the Contract is intended to contravene or contradict the Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992/3288) (the Package Travel Regulations) (so far as applicable to your booking) or the Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999/2083) and your statutory rights under any such legislation are not affected.
3 - Booking and deposits
All initial enquiries regarding bookings shall be made by you to us by telephone, by email or by letter. Any enquiry that you make shall be responded to by us by email or by letter. If we feel that we can offer you a Tour, our response shall include our Quotation. Our Quotation shall invite you to make an offer to us in writing in accordance with our Quotation and these Terms and to pay the deposit or full price of the Tour (as appropriate and as set out below) in accordance with our Quotation. Provided that we are able to provide your Tour, we will accept your booking by 1) issuing a receipt for your payment of the deposit or full price of the Tour (as appropriate and as set out below) and 2) sending you a confirmation email confirming the details of your booking (a Booking Confirmation), at which stage the Contract becomes binding between you and us. We will not be responsible if any Tour in which you have expressed interest becomes fully booked/unavailable or we otherwise become unable to provide the Tour prior to payment of the deposit or full payment (as appropriate) by you.
A deposit of [10%] of the total Tour price is required at the time of booking but if the booking is within [45 days] prior to the departure date, the full amount payable must be paid at the time of booking unless we have advised you of an alternative payment date. The deposit is accepted as the first instalment of the total Tour price. In all cases, the full Tour price shall be payable 45 days prior to the departure date. Whilst we will endeavor to remind you of the payment dates, it is your responsibility to make the payment on the due date. In the event, you fail to make the payment on the due date we reserve the right to cancel your Tour and charge any applicable cancelation charges in accordance with Clause 4 below. Deposits are not refundable unless we are unable to confirm your original booking request. Where applicable to your Tour, all monies paid by passengers will be held in trust until such time as the Tour has been completed, in accordance with the Package Travel, Package Holidays and Package Tours Regulations 1992 (SI 1992/3288).
It is your responsibility as the customer and/or lead passenger to ensure the accuracy of the booking and the travel dates.
The price quoted for each Tour is inclusive of transportation and guiding only. Lunch and other refreshments are not included unless otherwise stated in our Quotation. Entrance fees to attractions, ferries and other transportation costs are not included unless otherwise stated in our Quotation.
4 - Amendments/cancellations/refunds
It is important that you are fully aware of the cancellation and administrative charges relating to your Contract.
4.1 - Changes by you
Should you require to change your booking or any element of your booking, you should contact us as soon as possible by sending an email to unfscotland@gmail.com. Please note that any requests for changes should be made by the lead passenger named on the Booking Confirmation.
Whilst we cannot guarantee that we will be able to accommodate any request for a change to your Tour, we will (subject to payment of the Administration Fee) where possible accommodate a change to your Tour. You will be responsible for meeting any extra costs incurred as a result of us accepting your change. In the event that we cannot accommodate your request for a change, and you cancel your booking, this constitutes a cancelation by you and the provisions of clause 4.3 below shall apply.
In the event that you cannot attend the Tour due to circumstances beyond your control, you may transfer your booking to a person who satisfies all the conditions applicable to your Tour provided that i) you give reasonable notice to us prior to the departure date and ii) you or the transferee pay the Administration Fee prior to the departure date.
The Administration Fee for the purposes of these Terms shall be £25.00.
4.2 - Changes by us
Given the nature of the services we are offering to you under these Terms, it may be necessary to amend elements of your Tour. For this reason, we reserve the right to vary, modify or cancel any Tour or part of a Tour. In particular, but without limitation we reserve the right to alter Tour itineraries at any time, due to weather conditions, traffic problems (including without limitation the closure of the Queensferry Crossing), availability of attractions or other such extenuating circumstances which are beyond our control. In addition, the Company reserves the right to alter the size and type of motor vehicle used for your Tour. Refunds will not be offered in these circumstances.
Where this is necessary, we shall use all reasonable efforts to make the smallest amendments to your Tour as are reasonably possible. We will do our utmost to advise you of any such changes at the earliest time. Whilst changes to your Tour shall predominantly be minimal, it may occasionally be necessary to alter material elements of your Tour. In the event of us requiring altering material elements of your Tour, you shall be entitled to:
4.2.1 - book an alternative Tour of similar value, if we are able to offer that.
4.2.2 - book a substitute Tour of i) lower value if we are able to offer that (in which case we shall refund the difference in price between the original and the substitute tour) or ii) higher value if we are able to offer that (in which case you must pay the difference in price between the original and the substitute Tour before the departure date); or
4.2.3 - cancel your booking and we will provide you with a full refund.
For the avoidance of doubt, we shall be the sole judge of whether a change is considered material or minimal.
4.3 - Cancellation by you
In the event that you wish to cancel you Tour, you should let us know as soon as possible by sending an email to unfscotland@gmail.com notifying us of your desire to cancel. In the event of cancellation by you, the following charges shall apply:
4.3.1 - if you cancel more than 28 days in advance of the departure date, we shall be entitled to keep 10% of the Tour price; and
4.3.2 - if you cancel less than 28 days in advance of the departure date, we shall be entitled to keep 100% of the Tour price. We may at our sole discretion choose to refund part of the Tour price to you. We will advise you of any (if applicable) refund after receiving notice of your cancellation.
For the avoidance of doubt, the date of cancellation shall be the date that we receive an email notification notifying us of your intention to cancel in accordance with this clause.
4.4 - Cancellation by us
We will only cancel your Tour due to unforeseeable circumstances which are outwith our control or factors which have the potential to jeopardise your safety. If we cancel your Tour then we will always refund you, in full, for all sums paid by you.
5 - Missed departures
You are responsible for arriving on time at the designated meeting point. The vehicle must depart on time and cannot wait for late comers. This is for the benefit of all customers and allows us to visit all stops for the full amount of time, offering customers the most out of Tours. You can find your departure time on the Booking Confirmation. If you are travelling to a Tour from abroad, you are responsible for having the necessary travel documents (passport, visas etc.). 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 and the provisions of clause 4.3 above shall apply). No monies will be refunded for any missed departures or unused services.
6 - Refusal of travel and conduct of passengers
We reserve the right to refuse travel to any passenger whose behavior is likely (in the driver's reasonable opinion) to cause offence, upset or alarm to the driver, any other passenger or any other person. The Company also reserves the right to refuse travel to any passenger who is displaying medical symptoms that may (in the driver's reasonable opinion) cause illness to others. It is your responsibility to ensure that you are fit to travel on the departure date. If a passenger is refused travel in accordance with this clause 6, then this shall constitute a cancellation by you and clause 4.3 above shall apply and for the avoidance of doubt, we will not have any further liability to that passenger or to any person travelling with them.
Please note that smoking and the consumption of alcohol is prohibited on all our vehicles.
7 - Our liability and actions of suppliers
Certain Tours will require us to contract with third party independent suppliers who shall provide elements of your Tour. Any such services shall be provided upon the terms and conditions of the relevant third-party supplier. We shall not be liable for any acts or omissions of any such third-party supplier unless that person is employed or directly controlled by us. This does not, however, affect your statutory rights under the Package Travel Regulations, to the extent applicable to your booking.
Notwithstanding anything contained in the Contract, our liability to you in respect of the Contract, whether for breach of contract or delict (including negligence or breach of statutory duty) or otherwise, shall be limited to the total amount payable by you under the Contract (net of VAT and other duties and taxes). This limitation shall not apply to any claims relating to death or personal injury or fraud (or any other type of claim that cannot be excluded or limited by law). You must notify us of any potential claims under this provision at the earliest opportunity by sending an email to unfscotland@gmail.com.
We shall not have any responsibility for, nor will we be liable to pay compensation for, any loss, cost, damage, or claim arising as a result of:
7.1 - any act and/or omission by you.
7.2 - the act or omission of any third party who is not connected with the provision of the services provided under the Contract and which were not reasonably foreseeable or were unavoidable; or
7.3 - unusual or unforeseeable circumstances or events beyond our (or our suppliers’) control, the consequences of which could not have been avoided even if we had taken all due care.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
We cannot assume responsibility for any costs incurred for any travel arrangements purchased separately from us.
You are responsible for looking after your personal belongings whilst on the Tour. We cannot be held responsible for any personal belongings left behind or damaged on any Tour irrespective of the circumstances of loss or damage.
8 - Timings of Tours
All return times stated in your booking confirmation are estimates. Due to the unpredictable nature of road travel, these times cannot be guaranteed. This should be considered when arranging onward travel connections. We are not responsible for missed travel connections. As noted below, we strongly recommend that you obtain travel insurance to account for any circumstances resulting in you being unable to reach your connecting travel arrangements.
9 - Self-responsibility for insurance
The price of the Tour does not include insurance. Whilst we maintain appropriate industry standard insurance cover that complies with all our statutory obligations, you are responsible for arranging sufficient comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage money and public liability before travel.
10 - Complaints
Any complaints should in the first instance be directed to your driver who will make every effort to resolve any problems to your reasonable satisfaction during the Tour. In the event that a complaint cannot be resolved on the day of the Tour then we ask that you submit a copy of your complaint along with all information necessary for us to investigate and resolve your complaint to unfscotland@gmail.com within 28 days of the end of your Tour. Complaints submitted after this time limit may restrict our ability to investigate and resolve your complaint.
11 - Disabilities, medical conditions, and mobility issues
Passengers with disabilities, medical conditions or other mobility issues are welcome on our Tours. We will do our best to accommodate customers with any disabilities, medical conditions, or mobility issues. However please be aware that given the constraints of our vehicles and the physical nature of the locations that our Tours visit, many of our Tours may not be suitable for some parties. If you or a member of your party has a disability, medical condition, or other mobility issue which you feel may affect their ability to take part in our Tour or a part of our Tour then you must provide full details of such needs in your initial booking enquiry. This will allow us to assess whether we are able to offer a suitable Tour. The nature of our Tours means that we cannot accommodate all passengers' needs despite our best efforts. If we are not made aware of any disabilities, medical conditions, or mobility issues at the time of your booking enquiry then we cannot guarantee that your Tour will be suitable for you and your party. In such circumstances we will not be responsible for any costs or inconvenience that you incur if we cannot accommodate you or a member of your party. If we feel we are unable to accommodate the needs of the member(s) of your party concerned, then we will not confirm your booking. If you do not give us such details at the time of your booking enquiry, then we may cancel your booking, and this shall constitute a cancellation by you and the provisions of clause 4.3 shall apply.
12 - Special requests
Special requests must be submitted to us at the time of your initial booking inquiry. Whilst we will do all we reasonably can to accommodate your special requests, we do not guarantee that they will be fulfilled and any failure to meet a special request will not be deemed a breach of the Contract on by us.
13 - Children
There is in principle no minimum age requirement for our Tours. We will, where reasonably possible, try to accommodate customers of all ages. However, there may be extended periods of travelling and the longer tours, in particular, may not be suitable for children. We therefore reserve the right to refuse travel to any child under the age of five. An accurate age for any child travelling is required so the correct and legal type of seating can be installed. This must be provided prior to the Booking Confirmation being issued. An incorrect age supplied by you to us may result in refusal to travel and this would be deemed a cancellation by you under these Terms. We will be able to advise on the most suitable Tours based on the age of the customers.
14 - Luggage
Unless otherwise agreed in advance by us in writing, each passenger may take one bag on board the relevant vehicle. The bag must weigh no more than 15 kilograms and the dimensions of the bag must be no greater than 56cm x 45cm x 25cm including handles and wheels. Luggage is carried by us free of charge but at each passenger's own risk. It is the passenger's responsibility to ensure that luggage is fit for travel, sturdy and waterproof and that relevant insurance has been obtained.
15 - Data Protection
In order to ensure the successful completion of your Tour, we will require you to provide us with certain personal information (such as names, addresses, ages, special requirements etc.). In certain cases, it may be necessary for us to share this information with third party suppliers. Your personal information shall not be transferred to any third parties who are not involved in providing services to you during your Tour. In addition, no more information shall be shared than is reasonably necessary in the circumstances. Please note that by entering the Contract and agreeing to these Terms, you are consenting to us holding and sharing your information in this manner.
In addition, by entering the Contract and agreeing to these Terms, you are consenting to us holding and using your contact details to send you details of products and services that we think you may be interested in in the future. If you would prefer not to receive such promotional material, please send an email to unfscotland@gmail.com confirming your name and address and stating that you do not wish to receive further promotional materials.
16 - Events beyond our control
We shall not be liable to you for any refund of the price (unless expressly provided for in these Terms) nor for any loss or damage suffered by you or any member of your party, as a result of our failure or delay in providing the Tour or a part of the Tour where such a failure or delay is caused by any occurrence beyond our reasonable control including an act of god, explosion, flood, fire or accident, sabotage, acts or requirements of any kind of any governmental, parliamentary or local authority, strikes, lockouts, or other industrial actions or trade disputes, and power failure or breakdown in machinery or vehicles.
17 - Enforceability of Terms
If any provision or part-provision of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and the Contract.
18 - Governing Law and Jurisdiction
The Contract shall be governed by and interpreted in accordance with Scots law and the Scottish Courts shall have jurisdiction to resolve any disputes between us and you.