Terms and Conditions.

Important Legal Notice

ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.discoverscotlandtours.com (the “Website”) and to any correspondence by e-mail or webmail 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.

All bookings made by way of this website incorporate and are subject to these Terms and Conditions.

This notice is issued by Discover Scotland Tours Ltd (the “Company”) with it’s registered office at 9 Kilwinning Road, Irvine, KA12 8RR Scotland. Registered in Scotland. Company registration No 313476. Tel No 0141 887 6777. Email tours@discoverscotlandtours.com

  1. Introduction

1.1 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

1.2 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded or augmented by expressly designated legal notices or terms located on particular pages of this Website.

1.3 You are permitted to print and download extracts from this Website for your own use on the following basis:-
no documents or related graphics on this Website are modified in any way;
no graphics on this Website are used separately from accompanying text;
the Company’s copyright and trade mark notices appear in all copies.

1.4 Unless otherwise stated, and subject to paragraph 1.5, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 1.3 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

1.5 All trademarks used on this Website are the property of the proprietor/s of those trademarks. The Company makes no claim to ownership of trademarks used on the Website of which they are not proprietors.

1.6 Subject to paragraph 1.3, no part of this Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

1.7 Any rights not expressly granted in these terms are reserved.

  1. Links to and from other Websites

2.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company 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. The Company 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 you own risk.

2.2 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 otherwise alter the size or appearance of the Company’s logo;
you do not create a frame or any other browser or border environment around this Website;
you do not in any way imply that the Company is endorsing any products or services other than its own;
you do not misrepresent your relationship with the Company nor present any other false information about the Company;
you do not otherwise use any of the Company’s trade marks displayed on this Website without express written permission from the Company;
you do not otherwise use any trade marks other than those owned by the Company displayed on this Website without written permission from the proprietor of that trademark;
you do not link from a website that is not owned by you;
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.

2.3 The Company expressly reserves the right to revoke at any time the right granted in paragraph 2.2 for breach of these terms and to take any action it deems appropriate.

2.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 2.2.

  1. Disclaimer

3.1 While the Company endeavors to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company 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 the Company makes no commitment to update such material.

3.2 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, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including without limitiation, 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.

4 Our Services and your obligations

The Services

We are a tour operator. We provide transport to and from venues and we provide a guide on your journey.

Confirmation
On receipt of payment your reservation will be confirmed.

Prices and optional activities
Tour prices are for transport and driver-guide service only. Meals, drinks, refreshments and entrance fees to visitor attractions, cruises, castles, whisky distilleries, activities, and accommodation are additional optional extras and are not included in your tour ticket price.

The Company makes no recommendation that any activity you wish to book is suitable for you to undertake. You alone are responsible for your own choice of activities and for being satisfied that they are appropriate for you. This is particularly so in relation to strenuous physical activities such as Go Ape, the Loch Ness Rib Ride, and the Highland Fling Bungee Jump.

Please Note: Our Glenfinnan, Mallaig & Jacobite Steam Train tour price is inclusive of a 1-way standard class ticket on the Jacobite Steam Train from Mallaig to Fort William.

Tour Departure Time
We request passengers be at their departure point 15 minutes prior to the published departure time.

Passengers who have a confirmed Hotel, Guesthouse or Hostel pick-up must be ready at the main door of their accommodation 5 minutes prior to the expected arrival time of their coach. Failure to be there may result in the driver departing without you.

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.

Alterations by the Company
The Company will do everything reasonably possible to provide your tour itinerary as planned.

The Company reserves the right to alter tour itineraries due to weather, availability of attractions or other circumstances.

The Company reserves the right to change the size and type of coach operating on our tours.

Accommodation & Activities
Accommodation and Activities are not included in the tour price. Hotel, B&B & Hostel accommodation for our Multi-Day tours are provided independently by third party accommodation providers.

Arrangements for accommodation and optional activities are subject to the terms and conditions and limitations of liability imposed by the persons who provide the accommodation and activities, and as such any contracts undertaken are made between the Customer and the Third Party accommodation or activity provider.

All such arrangements are made independently of the Company, irrespective of any assistance which the Company may provide in securing such arrangements. In securing such arrangements the Company is acting as your agent and not as the agent for the accommodation or activity provider.

Where a customer chooses to book their own accommodation for our multi-day tours, they must stay within the following locations. These are the locations where the driver-guide will be dropping off and picking up all customers on tour:

  • Loch Ness 2 day tour – Fort Augustus
  • Isle of Skye 3 day tour – Kyleakin
  • Isle of Skye 4 day tour – Broadford
  • Isle of Mull 4 day tour – Tobermory

Please note that some accommodation providers only accept cash payments and do not accept debit/credit cards for payment.

Jacobite Steam Train

The Jacobite Steam Train is an optional extra on some of our tours.  When passengers opt to take the train their train journey will be subject to the terms & conditions of West Coast Railways who operate the train. These can be found on their website here: https://westcoastrailways.co.uk/terms.cfm

Cancellations and Refunds
The Company does not operate a minimum numbers policy and will only cancel a tour due to circumstances out-with its control.

In the unlikely event we have to cancel a tour a full refund will be given.

One Day Tours (with exception of Glenfinnan, Mallaig & Jacobite Steam Train tour)
In the event a customer cancels a one day tour, a standard charge of 10% will be made to cover administration costs.

1. Cancellation more than 72 hours prior to tour departure – full refund less administration charge.

2. Cancellations less than 72 hours prior to tour departure – refunds (less administration costs) will only be given if your ticket is resold.

Glenfinnan, Mallaig & the Jacobite Steam Train
In the event a customer cancels the Glenfinnan, Mallaig & Jacobite Steam Train tour, a standard charge of 10% will be made to cover administration costs.

1. Cancellation more than 21 days prior to departure – full refund less administration charge.

2. Cancellations less than 21 days prior to tour departure – refunds (less administration costs) will only be given if your ticket is resold.

Cruise Ship Shore Excursions
In the event a customer cancels any excursion a standard charge of 10% will be made to cover administration costs.

1. Cancellation more than 28 days prior to excursion departure – full refund less administration charge.

2. Cancellations less than 28 days prior to excursion departure – refunds (less administration costs) will only be given if your ticket is resold.

3. In the event your ship is unable to dock for whatever reason – you will receive a full refund.

Multi-Day Tours
In the event a customer cancels a multi-day tour, a standard charge of 10% will be made to cover administration costs.

1. Cancellation more than 21 days prior to tour departure – full refund less administration charge.

2. Cancellations less than 21 days prior to tour departure – refunds (less administration costs) will only be given if your ticket is resold.

5 Limitation and Exclusion of Liability

5.1 Our liability to compensate you for any loss or damage (in the case of loss or damage other than death or personal injury) is limited to a reasonable amount having regard to such factors as whether the damage was due to a negligent act or omission by us.

5.2 We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of our contract with you. In the event that any loss or damage suffered by you relates to your business activities we exclude all liability for any business loss (whether directly, indirectly, or consequentially including without limitation any economic loss or other loss of turnover, profits, business or goodwill) and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of our contract with you.

5.3 We will compensate you for any loss or damage you may suffer which leads to your personal injury or death if we fail to carry out our duties imposed on us by law unless that failure is attributable to:-

  1. Your own fault;
  2. A third party unconnected with the provision of the services under our contract with you; or
  3. events which we could not have foreseen or forestalled even if we had taken reasonable care.

6 Insurance
Whilst the Company maintains insurance meeting all statutory requirements, we strongly recommend that passengers hold comprehensive and suitable travel, medical and cancellation insurance to cover their period of travel.

7 Luggage
Luggage is restricted to one medium sized suitcase/bag (maximum weight 15kg) and one carry-on bag per person.

8 Children
Children under five years of age are not permitted on any of our tours. Children under 14 are not permitted on our 2 Day Loch Ness, Glencoe & the Highlands adventure tour. Persons under the age 18 are not permitted on our Malt Master Whisky, Dumbarton Castle & Loch Lomond Shore Excursion.

9 Third Party Providers/Carriers
The Company does not accept or have any liability for any acts or omissions whether negligent or otherwise of any provider (including accommodation providers, sub-contracted coach services, tourist attraction providers, activities and activity providers and print material providers) unless such a person is employed by or under the direct control of the Company.

Tickets and vouchers for travel on other carriers are subject to the normal conditions of carriage of the individual carrier.

10 Customer Conduct
The Company reserves the right to refuse to carry any person(s) whose conduct or manner is likely to upset or cause offence to other passengers. In an event such as this full cancellation charges will apply to the customer(s) and Discover Scotland Tours Ltd will have no further liability to that customer(s).

11 Smoking
Smoking is not permitted on our mini coaches.

12 Force Majeure
Neither party shall be liable for any default in performance of their obligations due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

Both parties shall be released from their respective obligations once a booking has been made and confirmed by the Company in the event of a national emergency, war or prohibitive governmental regulations or if any cause beyond the control of the parties shall render performance of this agreement impossible.

13 Visitor Material
Other than personal data, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees 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.

14 Governing Law and Jurisdiction
This legal notice and all confirmed tour bookings are governed by and construed in accordance with Scots law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the Scottish courts.

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