Terms and Conditions

 

Introduction

Within these Terms and Conditions certain phrases are used and for the avoidance of doubt, this is what they mean:

SDT - From this point on, Scotland Day Tours will be represented by SDT.

Booking or Book - means a booking for a product supplied by SDT.

E-mail - means using this e-mail address: scotlanddaytours@hotmail.com

Guest - means the lead person who makes the Booking, whether it is on their behalf or on behalf of a party.

Product or tour - means a one-day tour that is made available to guest by SDT.

Third Party Supplier - means the provider of the separate or additional tour or excursion that is not part of the SDT tour

VAT - means value added tax

Legal Notice - Terms and Conditions for Purchase of the Service.

Important Legal Notice

This legal notice applies to the entire contents of this website under the domain name www.scotlanddaytours.net (the “Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms, if you do not accept these terms do not use this website.

SDT may revise or amend this legal notice at any time by updating this website. Guests are asked to check and review this website periodically to review the then current legal notice, because it is binding on you, our guest. You are permitted to print and download extracts from this website for your own use on the basis that no documents or related graphics on this website are modified in any way and no graphics on this website are used separately from accompanying text.

General

SDT accepts your 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 SDT in respect of the relevant personalised tour. Please read these terms and conditions carefully and contact us via email if you have any queries. Within these conditions, 'you', 'your', 'guest' or 'guests' mean all persons named on the booking. By making a booking, the 'lead guest' specified in the booking will be deemed to have accepted these conditions on behalf of all guests named within the booking. We endeavour to ensure that the information and prices 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. If any provision of these terms and conditions is found to be illegal or unenforceable, this will not affect the validity and enforceability of the remainder of these terms and conditions.

Agencies

SDT does not offer a commission rate although is happy to work with travel agents. Any commissions levied by travel agents to their clients should be claimed directly from clients before payment to SDT. SDT is not responsible for commissions levied direct to clients.

Airport/Rail/Ferry Collections

Depending on the number of guests on the tour we can provide airport collection and drop off at either Glasgow or Edinburgh International Airports. However this is subject to the location of the day tour and also the time of arrival and departure. If you are arriving as part of a cruise into one of Scotland’s Cruise Terminals, we provide collection and drop off at those locations. This depends on the number of guests and the tour. Please contact us prior to booking using the email located on the contact page.

Depending on the number of guests on the tour we can provide railway station collection and drop off at either Glasgow Queen Street, Glasgow Central, Edinburgh Waverley and Edinburgh Haymarket stations. However this is subject to the location of the tour chosen and also the time of arrival and departure. Please contact us prior to booking using the email located on the contact page.

Within the tour vehicle

No alcohol, hot food or drinks may not be consumed for safety reasons with the tour vehicle. No pets/animals or care dogs are allowed within the SDT vehicle. Smoking is not permitted on-board our vehicles. We reserve the right to change the type of vehicle used if the circumstances dictate this is necessary.

Booking Process and Confirmation

On confirmation of your booking, SDT will reserve your place on your selected personalised tour. It is your responsibility to check the accuracy of your booking and travel dates. A contract is only made between you and SDT upon your booking being confirmed and accepted. Your booking is not transferable. You will also be required to produce a valid identification before you travel.

Cancellation or change by you

In the event that you cancel a tour, a standard charge of 10% of tour cost will be made to cover administration costs. If you wish to cancel or change your booking after our booking confirmation has been issued, you should inform SDT by email as soon as possible - the date of cancellation will be the date upon which we receive written notification. SDT will honour a full refund less administration charges when notice is given more than 5 weeks prior to travel. Where notification of cancellation has been received email less than five weeks prior to commencement of a tour the following schedule of refunds will apply:

29-21 days before start - 75% of tour

20-14 days before start -50% of tour

13-0 days before start - NIL

 

Cancellation or changes by SDT

Under exceptional circumstances SDT we reserve the right (in its absolute discretion) to cancel tours. In such cases guests will be promptly informed and offered a full refund. If the reason for your cancellation is covered under your insurance policy, you may be able to make a claim under that policy.

SDT reserves the right to amend tour itineraries at any time, due to changes in weather conditions, instances of traffic problems, availability of attractions or other such extenuating circumstances beyond our control. In extreme conditions, SDT reserves the right to alter the size of the tour vehicle due to maintenance issues. In the unlikely event, however, that we are required to alter a significant part of your tour, we will notify you of this as quickly as possible, to enable you to decide how you wish to proceed. In such event you will be entitled to take an alternative personalised tour, however if SDT are unable to offer that, SDT agree with yourself 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, unpredictable weather and road conditions and we cannot, therefore, guarantee any departure or arrival times at any particular points of a tour itinerary.

Changes by You

SDT will do our best to assist; we cannot guarantee that we will be able to meet your request due to the terms and conditions agreed at the time of your booking.

Where SDT can meet a change request made by you, any changes made may be subject to an administration fee. Where SDT 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 will be payable by you.

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 SDT.

Children

SDT regret that we do not carry booster seats for those who require then to safely travel in a vehicle on our personalised tours. Passengers must be aged 5 or over and be accompanied by a person 18 years or over.

Comfort Stops

Comfort stops will be made on the tours in order for guests to take advantage toilet facilities and to purchase refreshments.

Complaints

SDT actively welcome your feedback, both in respect of our own services and those provided by other suppliers (museums, exhibitions etc). In the event that you have any complaint during the course of your tour, then please bring this to our attention as soon as possible, and SDT will endeavour to resolve the matter to your satisfaction. If your complaint is not resolved locally and you wish to complain further then please contact us, providing all relevant information necessary. We would request that any complaints be raised with SDT within 28 days of the end of your tour.

If you are unsuccessful in any legal action instituted against the SDT, you agree to pay all the SDT's costs, including but not limited to attorney / client costs.

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Customer Conduct

SDT reserves the right to refuse to carry any person whose conduct or manner is likely to cause offence or upset to other passengers or guides. In such cases, full cancellation charges to the guests apply, and SDT shall have no further liability to that guest.

Damage

If any of our vehicles is damaged or soiled as a result of guest’s actions, we will charge the guest named on the contract fully for the amount to rectify the vehicle and for time lost whilst the vehicle was taken out of the fleet.

Data Protection

To process your booking and to ensure that your travel arrangements run smoothly, SDT will use the information provided 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 on other tours). SDT will not pass your information to anyone who is not involved with your booking. Where you provide us with personal details such as those mentioned above, SDT are entitled to assume that you do not object to SDT using or disclosing your information for the purposes mentioned above, unless you advise SDT otherwise by email.

Disabilities and Medical Problems

SDT will try to accommodate disabilities and medical problems but please be aware that our personalised 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 the personalised tour then please provide SDT with full details at the time of making your booking enquiry, so that SDT can advise you as to the suitability of your chosen arrangements. If SDT are not informed of any disabilities or medical problems, then SDT cannot be held responsible for any cost or inconvenience incurred if SDT are unable to accommodate you or any member of your party. If SDT are unable to accommodate the needs of the guests concerned then SDT 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. SDT cannot offer constant special attention or assistance should you have any physical disability requiring such attention. Guests with disabilities are welcome on tours, provided that they are accompanied by a companion capable of providing all necessary assistance and do not require special assistance from SDT personnel. Failure to meet any special requests will not be a breach of contract on our part, unless the request has been specifically acknowledged and confirmed as accepted by SDT. SDT reserve the right to refuse to carry anyone if it is felt that the individual cannot cope with the requirements of the tour. The nature of the personalised tours means that not every type of disability can be accommodated despite our reasonable endeavours. SDT personalised tours can involve getting in and out of vehicles, sitting for long periods without toilet facilities, walking and other physical activities which may involve steps and stairs. SDT vehicles are not adapted to carry wheelchairs and do not have ramps, lift or low floor access. Collapsible wheelchairs can generally be carried in the luggage hold but you must check in advance with SDT to ensure that this is the case for your tour. SDT cannot carry any motorised wheelchairs under any circumstances. You agree not to hold SDT responsible for any decision made by them or by any service provider to refuse to carry you, provide any facilities to you, or to provide any service to you in the absence of written acknowledgement and acceptance of your special request or of your disability from SDT. Please note that 100% cancellation charges would apply in these circumstances. SDT 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 SDT and SDT shall have no further liability to that guest or to any person travelling with them.

Disclaimer

While SDT endeavours to ensure that the information on this Website is correct. SDT may make changes to the material on this Website, or to the products described in it, at any time without notice. The material on this Website may be out of date, and SDT makes no commitment to update such material. The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, SDT provides you with this Website on the basis that SDT excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

Force Majeure

Unless expressly stated otherwise in these terms and conditions, SDT will not have any liability to you if SDT are prevented from fulfilling our contractual obligations to you as a result of any event which is out with our control (and/or out with 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.

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. It is your responsibility to have a valid passport and all necessary visas, permits and certificates on your person for your selected itinerary and to have all necessary vaccinations and to comply with applicable laws. You agree to comply with the authority of the SDT representative and the laws and regulations of the countries visited, including customs and foreign exchange restrictions.

Health and Safety

Our guests must abide by the directions of the SDT Guide who will have your safety in mind. Guests whose fitness level or medical condition is not considered by the SDT Guide to be appropriate for certain activities upon the day tour may be asked to make alternative arrangements. In such cases compensation will not be offered by SDT. Guests should be aware that weather conditions in Scotland and England can be very changeable and severe. SDT will not pay any refund or costs incurred by a client in the event that a tour is terminated due to unacceptable behaviour. There may be times when SDT have to make a decision in the interests of safety. It is a condition of bookings that you comply with the authority and decisions of SDT. Please allow your SDT driver guide to open all doors from the vehicle as they will be in a position to determine when the stopping location is safe to enter or egress the vehicle.

Illegal Material

The carrying or use of any illegal drugs or weapons in our vehicles is forbidden.

Insurance

Whilst SDT maintains insurance meeting all statutory requirements, we strongly recommend that passengers hold comprehensive and suitable travel, medical and cancellation insurance to cover for eventualities during travel. SDT and the vehicle are insured for passenger and third party claims, as required by law. However, whilst every care is always taken, guest’s personal property is carried entirely at their own risk and no responsibility can be accepted for loss or damage. There is no travel insurance cover included in the price of any tour or product represented in this website

Liability

SDT accepts no liability for loss, damage, delay, inconvenience, or direct or consequential loss, however caused, unless due to our negligence, in which case our liability is limited to a maximum of the personalised tour cost. Any activities such as walks or visits to attractions are completely at the guests own risk. SDT will use all reasonable means to ensure that the vehicle arrives on time to begin the tour and that it reaches its destination on time. SDT will not incur any liability whatsoever in the event of any delay due to causes or circumstances beyond its control. SDT, or any party (whether or not involved in creating, producing, maintaining or delivering this website), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party(including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption ,and whether in delict (including without limitation negligence), contract or otherwise in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such Websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

Nothing in this legal notice shall exclude or limit the SDT’s liability for:

  • death or personal injury caused by negligence(as such term is defined by the Unfair Contract Terms Act 1977); or

  • fraud ;or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law.

  • If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

Luggage

Guests are restricted to one small rucksack/bag (maximum 10 kilos). Rucksack/bags is carried free of charge but at the guests own risk. It is the guest’s responsibility to ensure that luggage is fit for travel, sturdy and waterproof. If guests are being collected at an airport/bus or railway station and require luggage to be brought on-board the SDT vehicle, this must be made known at the time of booking. We do not offer left luggage facilities.

Minimum Numbers

Unlike other tour companies our personalised day tours are designed for a more personal experience, as such we do not require a minimum number of guests.

Missed Departures

You are responsible for ensuring 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.

Other Operators/Carriers/Third Party Suppliers

You will have the opportunity to purchase third party tours or excursions during scheduled stops. These tours and excursions are run by local operators and you will be subject to their terms and conditions. Please note that age limits and other restrictions may apply to third party tours and excursions, guests are invited to review third party websites to ensure suitability. SDT will not accept or have any liability for any acts or omissions whether negligent or otherwise of any supplier (including subcontracted tour/guide services, tourist attractions, and print communications ) or person providing services in connection with any tour unless such a person is employed by or under direct control of the SDT. Tickets and vouchers for travel or excursions on other carriers are subject to the normal conditions of carriage of the individual carrier. You understand that any activities undertaken on the tour; such as walking to viewpoints, are done so at your own risk and you agree to absolve SDT of any blame should an incident occur. SDT will take all due care when undertaking activities, but it is ultimately your responsibility should you choose to participate. Tickets for steamships, aircraft, trains or other carriers which are obtained by the SDT on behalf of guests are subject to the conditions of carriage of the individual carrier. SDT will not accept or have any liability for the acts of omissions whether negligent or otherwise, of companies, providing services in connection with the arrangements of the guest. SDT is dedicated to providing guests with a reliable and fault free service.

Our Liability and Actions of Suppliers

If SDT are in breach of contract and/or negligently perform or arrange the services which we are obliged to provide for you under our contract with you (as detailed in your booking confirmation) then we may be obliged to pay you reasonable compensation, which will be calculated taking into account all relevant factors (such as, but not limited to, the extent to which this affected the overall enjoyment of your tour). Please note that it is your responsibility to show that we have breached the contract or been negligent. If we are found liable to pay you compensation under the above provision, then (subject to the following paragraphs) the maximum amount which we will be liable to pay to you in respect of any claim shall be limited to the price paid by the affected person, in total. This maximum amount will only be payable where you or your party have received no benefit from your booking. 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 at law). You must notify us of any potential claims under this provision at the earliest opportunity. We will not be responsible for, nor will we be liable to pay compensation for, any loss, cost, damage or claim to the extent that it results from (i) any act and/or omission by you; (ii) the act or omission of any third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; (iii) unusual or unforeseeable circumstances beyond our (or our suppliers’) control, the consequences of which could not have been avoided even if all due care had been taken; or (iv) any event which either we or our suppliers could not, even with all due care, have foreseen or forestalled.

SDT cannot assume responsibility for any costs incurred for any travel arrangements purchased separately from SDT. The employees of SDT are fully insured including Public Liability Insurance. We do not accept responsibility for bodily injury, sickness or death to any other person except where such injury, sickness or death is caused directly by a member of SDT.

Payment and Pricing

Payment can be made in the following ways: Secure international Electronic Bank Transfer in Sterling (GBP) (ensuring any charges your bank adds on for sending and receiving are paid before sending), Credit/debit card payment by PayPal (incurs a 3.5% charge). There is a 3.5% surcharge if paying by credit card. Full payment is required to be made at time of booking. Payment may be made by Visa or MasterCard credit or debit card. You will be solely responsible for any bank or processing fees that are charged by your financial provider.

Your booking is not confirmed until we have issued your booking confirmation via email. At that point a binding contract will be entered into between us. All other attraction entrance fees, cruise tickets, food and drink, are additional optional extras, payable locally by the guest at their own expense. All email contacts between guest and SDT form part of the contract. There are no hidden costs.

Risks and Insurance

It is essential that guests must have appropriate and adequate insurance 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. Each guest is responsible for loss of or damage to baggage or personal possessions or consequential loss arising. In the event of guest illness, then the relevant guest must accept responsibility for any medical costs incurred, SDT will not be liable to refund any part of the tour cost.

Special Requests

Any special requests should be advised to SDT at the time of booking. Whilst SDT will try to accommodate your requests, we cannot guarantee that they will be fulfilled and failure to meet any special request will not be a breach of contract on SDT's part.

Speed

SDT drivers and guides will drive to the conditions of the road and will not exceed the speed limits even if the tour is running late. The route taken is at the SDT's discretion. We will take the best possible route and in the event of heavy traffic congestion, they will amend the route if necessary and endeavour to deliver passengers to their destination on time. SDT do not accept responsibility for any delays or missed appointments/travel arrangements.

Tour Policy

You agree that SDT's representatives may take photographs and films of you while you are a guest. These may be used in advertising and publicity material without obtaining any further consent or payment in respect of such photographs and/or films. You agree that SDT may use any text written in comments books, recorded in customer surveys or input to online forums, in brochures, websites and/or advertising and publicity material without obtaining any further consent or payment in respect of comments. If you wish to abstain, please contact SDT at the time of booking.

Tour Timings

We kindly ask that guests be at their requested departure point10 minutes before the agreed departure time. Arriving in time for tours departing and finding the departure point are the responsibilities of the guests, however in most cases the original pick-up and final drop off location will be your hotel.

The return times stated are estimated. Due to the unpredictable nature of weather and travel conditions, we cannot guarantee these times. Please bear this in mind when arranging further travel connections or other activities. SDT is not responsible for missed travel connections. Please note if you are late in arriving at your departure point and as a consequence miss your tour you will not be entitled to a refund.

Visitor material

Other than personal data, which is covered under the Tour Policy, any material you transmit or post to this website shall be considered non-confidential and non-proprietary. SDT shall have no obligations with respect to such material. SDT shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

Weather

The Scottish weather can be changeable, so we suggest that you bring clothing suitable to the conditions. Under no circumstances can SDT be held responsible for any delay, deviation or cancellation due to weather conditions, nor can any ticket be cancelled or amended by you at any time on the basis of weather conditions.

Website Links

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. SDT has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. SDT therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

  • you obtain our prior consent;

  • you do not remove, distort or alter any text or images;

  • you do not create a frame or any other browser or border environment around this Website;

  • you do not in any way imply that SDT is endorsing any products or services other than its own;

  • you do not misrepresent your relationship with SDT nor present any other false information about SDT;

  • your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

SDT expressly reserves the right to revoke at any time the right granted above for breach of these terms and to take any action it deems appropriate.

You shall fully indemnify SDT for any loss or damage suffered by SDT for breach the contents of the text above.

What's included in the price

The price quoted for each tour is inclusive of transportation and guiding only. Tour prices are quoted for each tour, on a daily basis, and depend on the number or persons and are in pounds Sterling (GBP) and include the cost of vehicle, driver-guide, itinerary planning, all fuel and maintenance costs, car parking fees, tolls, and local taxes.

What's not included in the price

Gratuities are not included.

SDT do not provide any accommodation on any of the tours.

No meals or refreshments are included within the day tour purchased, guests will have time to purchase food and drink at certain stops. Entrance fees to attractions, ferries and other transportation costs are not included.

Scotland Day Tours is the trading name of CALEDONIAN DAY TOURS LTD. Company Number SC524959