Bookings – Terms and Conditions
BOOKINGS – TERMS AND CONDITIONS
1.1 In these Conditions, the following definitions apply:
“Booking” means a booking of a Holiday made by the Customer through the Provider;
“Booking Form” means the form which requires to be completed by the Customer and delivered to the Provider in order to make a Booking;
“Brochure” means the brochure of the available Holidays compiled and put together by the Provider as adjusted from time to time;
“Complaint” means such complaint or concern raised by the Customer with the Provider in accordance with Clause 12 hereof;
“Conditions” means these terms and conditions as amended from time to time;
“Contract” means the contract between the Provider and Customer for the supply of a Holiday in accordance with these Conditions;
“Customer” means the person who purchases a Holiday from the Provider;
“Customer’s Party” means the group of people going on the Holiday with the Customer;
“Date of Departure” means such date on which the Holiday is due to commence;
“Deposit” means such deposit payable by the Customer in order to secure the Booking;
“Excursion” means such trips, activities and excursions organised to take place during a particular Holiday;
“Guide” means such expert guide as may be appointed by the Provider from time to time in relation to a particular Excursion or Holiday;
“Holiday” means such holiday organised and arranged by the Provider in terms of these Conditions;
“Holiday Information Package” means such details about the Holiday (including but not limited to the dates of tours and/or trips to take place on the Holiday) which may be given to the Customer by the Provider in an email or other form after the Booking has been made;
“Itinerary” means the itinerary put together in relation to the Holiday comprising the various Excursions to be undertaken; and
“Provider” means Shetland Nature having its place of business at Rohan, Baltasound, Shetland Islands, ZE2 9DS.
2. BASIS OF CONTRACT
2.1 The Booking constitutes an offer by the Customer to purchase a Holiday in accordance with these Conditions.
2.2 The Booking shall only be deemed to be accepted where the Provider receives payment of the Deposit into its bank account and issues a written acceptance of the Booking by email or post on which date the Contract will come into existence.
2.3 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Provider which is not set out in the Contract.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. SUPPLY OF HOLIDAY
3.1 The Holiday is supplied and organised by the Provider.
3.2 The Provider shall use all reasonable endeavours to meet any performance dates specified in the Holiday Information Package but any such dates shall be estimates only and time shall not be of the essence for performance of the Holiday.
3.3 The Provider shall have the right to make any changes to the Holiday which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Holiday, and the Provider shall notify the Customer in any such event.
4. CUSTOMER’S OBLIGATIONS
4.1 The Customer shall pay the Deposit and the balance of the price as set out in these Conditions.
4.2 The Customer shall ensure that the terms of the Booking Form are complete and accurate.
4.3 The Customer shall provide the Provider with such information and materials as the Provider may reasonably require in order to supply the Holiday, and ensure that such information is accurate in all material respects.
4.4 In the event of the Provider having to cancel through insufficient numbers, the Provider will inform the Customer at least 30 days in advance of the Date of Departure and the Provider undertakes to offer the Customer an alternative Holiday.
4.5 If the alternative does not suit the Customer, the Provider will return in full all money paid.
4.6 The Customer must let the Provider know, in confidence, of any medical conditions from which the Customer or any member of the Customer’s Party may suffer which may affect the Customer or the Customer’s Party’s safety in remote areas. These include vertigo and diabetes. The Customer is advised to consult its doctor if in any doubt.
4.7 If the Customer has any special requirements in relation to the Holiday, the Customer must let the Provider know prior to the Date of Departure.
5. CHARGES AND PAYMENT
5.1 A deposit of 20% per person must accompany the Customer’s Booking Form, this is non-refundable unless the Provider cancels the holiday. Confirmation of the Booking and a written acceptance will be sent, together with an invoice for the balance. Final payment is due 56 days prior to departure. Payment (in Sterling) may be made by:
(b) Bank draft or inter-bank transfer.
5.2 If sending payment from abroad, the Customer must ensure that all bank and other charges on the transaction are paid so that the correct amount (in Sterling) is received by the Provider. Failure to do so may result in the Customer’s Booking being cancelled.
6. CHANGES TO THE HOLIDAY
6.1 Should the Customer wish to change its Booking to another holiday before the last date on which final payment is due to be paid, a charge of £40 per person will apply to cover administration costs.
6.2 Any changes made by the Customer after the last date on which final payment is due to be paid will be treated as cancellation and re-booking of the Holiday.
7. CANCELLATION OF THE HOLIDAY
7.1 Should the Customer wish to cancel the Holiday after the Booking has been confirmed, the Customer must communicate this in writing to the Provider. The date of cancellation is the date on which the Provider receives the Customer’s letter, fax or e-mail.
7.2 If the Customer cancels the Booking:
(a) 56 days prior to the Date of Departure then the deposit paid to the Provider is non-refundable; or
(b) within 56 days of the Date of Departure, the Customer will be liable to pay the Provider the full amount due for the Holiday.
7.3 The Provider reserves the right to cancel any Holiday or Excursion. When such is cancelled without prior written notice, the money will be refunded in full.
8. THE BROCHURE
8.1 The Brochure is as accurate as possible but cannot be warranted, nor do the descriptions form any Contract.
8.2 The Provider reserves the right to alter or improve the Brochure without notice. Many of the Excursions are weather dependent.
8.3 The Provider does not accept any liability on any basis in relation to such Excursions and the acceptance of liability contained in these Conditions will not apply to them.
8.4 The Provider does not exclude liability for the negligence of its own actions or the actions of its employees resulting in the Customer’s death or personal injury.
8.5 Where possible the Provider will always use the advertised Guide and the Provider reserves the right to make changes to the Guide or leader of the Holiday when necessary.
9. SAFEGUARDING THE PAYMENTS
9.1 In accordance with “The Package Travel, Package Tours Regulations 1992” all passengers booking with the Provider are fully insured for the initial deposit and subsequently the balance of all monies paid to the Provider, including repatriation if required, arising from the cancellation or curtailment of the Customer’s travel arrangements due to the insolvency of the Provider (“the Insurance”).
9.2 A certificate detailing this cover will be given to the Customer as evidence of cover. The Customer should ensure that it has been given the appropriate certificate(s) at the time of booking.
9.3 The insurance has been arranged by Towergate Chapman Stevens through HCCI International Insurance Company PLC.
9.4 Towergate Underwriting Group Ltd are authorised and regulated by the Financial Services Authority.
10.1 The Provider holds current public liability and professional indemnity insurances.
10.2 The Customer is advised to take out its own cancellation/ travel insurance for the duration of its Holiday in respect of cancellation and curtailment, injury, death, lost baggage and money, liability, medical expenses and repatriation.
11. LIMITATION OF LIABILITY
11.1 The liability of the Provider is strictly limited. The Provider purchases transport, accommodation and other services from independent suppliers not under its direct control. The Provider carefully selects its suppliers, but the Provider serves only as an agent for them in securing Excursion arrangements.
11.2 Therefore, the Provider does not accept responsibility for wrongful, negligent, or arbitrary acts or omissions of these independent contractors, their employees, agents, servants or representatives. The Provider shall only be liable for loss or damage caused by its own negligence or the negligence of its employees.
(a) Being on foot in remote and / or rugged country is potentially hazardous by its nature and participants must accept a certain element of risk. In the interest of safety, the Provider hereby agrees to abide by the decisions of the Guide. The Provider has no control over weather conditions, sea states etc. The Provider reserves the right to alter the Itinerary according to weather conditions or if an opportunity arises for the group to follow any new unique wildlife sightings. People whose fitness or ability is clearly at variance with that required for the grade of the Holiday may be asked to make alternative arrangements (at their own expense) in order to allow the programme to proceed as planned.
(b) By booking the Holiday, the Customer accepts responsibility for any damage or loss caused by the Customer or any member of the Customer’s party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If the Customer fails to do so, the Customer will be responsible for meeting any claims subsequently made against the Provider (together with the Provider’s and the other party’s full legal costs) as a result of the Customer’s actions.
11.4 Force Majeure:
(a) For the purposes of these Conditions, Force Majeure Event means an event beyond the reasonable control of the Provider including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Provider or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) The Provider shall not be liable to the Customer as a result of any delay or failure to perform its obligations under the Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents the Provider from providing any of the Holiday for more than [NUMBER] days, the Provider shall, without limiting its other rights or remedies, have the right to terminate the Contract immediately by giving written notice to the Customer.
12.1 If the Customer has a Complaint during the Holiday, this should be brought to the attention of the Provider immediately to allow the Provider to try to resolve the situation straight away.
12.2 Should it not be possible to settle the Complaint instantly, the Customer should write to the Provider as soon as possible after the Holiday. Delay in so doing may affect the Customer’s claim.
13. JURISDICTION AND GOVERNING LAW
These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Scottish law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of Scotland.