1. DEFINITIONS

"Customer" or "you" means the person, business or organisation (including all passengers travelling in our vehicle/s by your invitation or approval) who, accepts the quoted price for service and/or confirms a booking with us.
"Company", "we" or "us" means Strachan Tours, a business registered in Scotland.
"Service" means the transportation and general assistance provided by Strachan Tours on the days of travel as as outlined in the confirmation of booking.
"Service Charge" means the total cost for the service provided and as outlined in the confirmation of booking.
"Booking Fee" means the administration charge for the booking.
"Deposit" means the sum of money, including booking fee, which can secure a booking.
"Offer" means the written or verbal quote including any standard or special conditions, given to you for consideration, by the Company, prior to a booking.
"Contract" means the agreement between you "the Customer" and us "the Company"
"Term of Contract" shall mean the period from the time and date of issue of the confirmation of booking to the completion of service on the final date specified in the confirmation of booking.
"Sub-Contractor" means a wholly separate business paid by, and contracted to, the Company to provide service on behalf of the Company.

2. RESERVATIONS AND BOOKINGS

Enquiries for service can be made in person, by telephone, email or by online enquiry form directly from the Company's website. If a person, acting as agent, makes the initial contact and/or accepts the Company's offer on behalf of a potential Customer it is the agent and/or person responsible who is considered to be the Customer until we make direct contact with the potential Customer and thereby secure their acceptance of the offer and/or agreement to pay the Service Charge.

We aim to respond promptly to all enquiries and may offer a price for the service requested together with any special conditions which may apply. If we are unable to assist we shall endeavour to advise, at the earliest opportunity. We may also decline any request for service without reason.

If we can accommodate then a deposit and/or booking fee may be requested as pre-payment, but this may be waived at the Company's discretion. The booking fee will be a minimum fixed charge of £10. The deposit may be calculated at £10 or more of the total Service Charge including booking fee.

If the Customer accepts the price quoted and/or confirms the booking, the Customer's written or verbal acceptance will confirm the booking. Thereafter, if possible, we shall confirm the booking and thereby set out details incorporating contact details, how to pay, where to meet etc and this will show our understanding of your requirements.

The Confirmation of booking may be transmitted by email, letter by post, SMS text message or verbally. This confirmation will form the basis of the contract and will prevail over any other agreement until completion of service on the final date of transport as set out in the confirmation of booking or until superseded by any revised confirmation of booking.

We may withdraw any offer to provide Service, without liability, at any time, prior to receipt of payment and, unless otherwise accepted by us, the offer will expire after 30 days from date of issue.

3. DELIVERY OF SERVICE

The provision of service will be in accordance with the confirmation of booking and this will form the basis of the contract and the Company's acceptance and understanding of the Customer's instructions. Any required deviation from the arrangements set out in the confirmation of booking must be agreed, in writing, at least 24hrs prior to the commencement of service.

We aim to provide a high standard of service with transportation and tours using vehicles of a good standard, clean, tidy and regularly maintained by an approved independent service agent. The Company vehicles are shown on the Company Website although these may be substituted, for operational reasons, with any vehicle we consider suitable, at any time.

We shall endeavour to ensure that vehicles we use to transport you are; insured to carry fare paying passengers, roadworthy and comply with the requirements of the Road Traffic Acts and regulations under such Acts, and that the driver is duly licensed to drive the vehicle.

You may request a specific vehicle and/or driver and we shall endeavour to provide this whenever possible but we may substitute the vehicle and/or driver with a suitable alternative if required for operational reasons. Particular requirements should be advised at time of enquiry and no later than 48hours before travel.

In order to comply with any applicable safety or statutory requirements, we may, from time to time and without notice, vary the conditions of Service.

You may request a special route at the time of booking or prior to travel and we shall oblige if possible but the final decision for the route taken will be at the driver's discretion. The driver will have the right to decide upon the most appropriate route and, in the event of heavy traffic congestion, road closures or any kind of disruption, adverse weather conditions etc. the driver may amend the route so as to endeavour to deliver you to the destination on time.

If we become aware of any event, incident or weather condition which may affect the agreed travel arrangements (e.g. road closure, traffic congestion, adverse weather conditions etc.) we shall endeavour to contact you and, if possible, give sufficient warning and, may alter plans accordingly so as to deliver you to the destination on time or as soon as possible. If we are unable to accommodate alterations to the agreed travel arrangements or you are unwilling to accept the alternatives suggested by us, we may cancel the contract, without liability or we may sub-contract the service to another Company.

We may offer special services including meet and greet in the airport, waiting more than 1.25 hours for a delayed flight, delivery of goods etc. but these special services will be offered, without liability, and at the discretion of the Company unless otherwise specifically agreed in the confirmation of booking.

The driver will assist, if requested, with carriage of luggage to and from the vehicle and will load the luggage into the vehicle and at end of the journey will unload subject to section 4 - Customer Responsibilities.

In the event of any delay affecting the scheduled arrival time at any travel hub such as an airport, train or bus station etc. we shall aim to accommodate delays of not more than 1.25 hours beyond the scheduled arrival time unless otherwise agreed in the confirmation of booking or by further agreement. If the delay is greater than 1 hour from the scheduled arrival time we may wait longer at our discretion, subject to availability and section 4 - Customer Responsibilities. Otherwise we may consider the contract cancelled, subject to section 6 - Cancellation and Refund Policy.

4. CUSTOMER RESPONSIBILITIES

On receipt of the confirmation of booking it will be your responsibility to check that travel arrangements are in order and correct. If you require any changes you must notify us in writing within 7 days from the date of issue of the confirmation of booking. Thereafter any changes may be subject to an administration charge of £10 minimum or we may alter/cancel the booking if we are unable to accommodate the changes.

We may refuse travel to any person deemed to be a nuisance, a danger or potential danger in the vehicle and, at the driver's discretion, we may refuse entry to the vehicle or we may stop any place on route until the offending behaviour or danger stops. The offending person or persons, or all passengers in the Customer's party, may be asked to disembark from the vehicle and/or the driver may seek assistance from the Police. In such circumstances you will forfeit any Prepayment and we shall not refund or compensate. We may also terminate the contract, without liability and the Customer will be liable to pay the amount agreed in the confirmation of booking plus any costs associated with collection of this money and any losses incurred by us as a consequence of the offending behaviour.

You must not smoke or carry weapons or illegal substances in any of the Company's vehicles. The consumption of food and drink will be subject to the individual driver's discretion and may be forbidden, at any time. The Customer should also be aware that consumption of alcohol is subject to the statutory laws applicable within the area of travel in Scotland and may be forbidden.

The playing of musical instruments, music, videos and gaming instruments or any other activity causing a distraction while the vehicle is moving, may be forbidden at the sole discretion of the driver.

Written notice must be given if you wish to carry any pet or animal in the vehicle. The carriage of animals may be allowed but only if the animal is suitably caged and/or restrained in the luggage compartment. Guide dogs will be the exception.

We may provide child safety seats including booster seats, if requested at the time of booking. However, this will be a free service provided without liability and must not be considered within the terms of any contractual obligations. If a child safety seat or booster is required for a journey, it may be pre-fitted by us but the parent and or carer of the child will be responsible for checking the seat is adequate and fitted correctly, as well as the safety of the child at all times. The Customer may however supply and fit own child safety seats in the vehicle.

All passengers travelling in the vehicle will be individually responsible for wearing the fitted seatbelts. It will be your responsibility to ensure correct fitment of the belt and/or to request assistance from the driver/chauffeur, if necessary. You should be aware that wearing of seat belts is a statutory requirement of the law in Scotland.

In the event of any soiling or damage to the vehicle, by any passenger, that cannot be rectified easily by the driver/chauffeur and thereby renders the vehicle un-suitable for the next customer, then you will be liable to pay the driver/chauffeur immediately, on demand, a minimum soiling charge of £50. You will also be liable to pay to us, on demand, all reasonable costs, charges or losses sustained or incurred by us in remedying any permanent damage to our property caused by directly or indirectly by you.

The driver/chauffeur will load and unload all items of luggage presented to him/her but you must ensure that all items of your luggage have been loaded securely into the vehicle and then subsequently unloaded at end of journey. We shall not be liable for any item of luggage left unattended or damaged in transit.

You must be ready to be collected at the specified pick up time and pick up location. The driver may wait 30 minutes but thereafter, if you are not ready to proceed, the driver may consider the contract cancelled and/or may apply a waiting charge subject to Section 5 - Charges and Payments.

You must endeavour to contact us in the event of any delay greater than 1 hour and which may affect the scheduled arrival time at the travel hub specified in conformation of booking (e.g. the airport, train or bus station etc).

5. CHARGES AND PAYMENT

In consideration of the provision of the Services provided by us, you shall pay us the sum of money quoted in the confirmation of booking or, if no confirmation of booking is available, the amount agreed verbally. In the event of any misunderstanding and/or disagreement over the agreed cost, the rate advertised on the Company website and/or Company literature at time of booking will apply. Any prepayment requested at the time of booking must be paid within the timeframe as advised in the confirmation of booking. Unless otherwise specified, in the confirmation of booking, the service charge or the balance remaining will be due for payment at the end of the first journey. If full payment of the service charge is not received when requested, we may terminate the contract and have no further obligation to complete the contract but may provide transportation and fulfilment of contract, at the Company's sole discretion, without liability.

Methods of payments will be listed on the Company website and the options available to you will be advised at the time of booking in the confirmation of booking. If you are a business and wish to make payment upon receipt of an invoice, this form of payment may be offered subject to status and payment must be settled at least 30 days after date of invoice issued to the person responsible for organising the service. Invoices will be issued in electronic format unless otherwise requested.

The Service Charge will include all incidental charges such as tolls, drop off and parking charges etc. together with any surcharge associated with transporting you to your destination but will not include any reasonable charges associated with the driver's accommodation and subsistence while staying away from home. The Service charge will not include cost of admission to visitor attractions while on tour, cost of lunch or any other cost which may be incurred by individual passengers.

The Service Charge is a fixed charge, unless otherwise advised, and is based on the likely duration of the journey, distance involved, number of persons to be carried, volume and weight of luggage, number of pick up locations, time of day and year etc. The Service Charge will be calculated generally in line with fixed rates published on the Company Website, but these may be varied at any time, and will be subject to individual circumstances advised at time of enquiry.

We may include a surcharge within in the Service Charge, if applicable, for any journey out-with normal hours of operation (i.e. 6am to midnight), carriage of excess luggage, additional pick up/drop off locations, travel during the festive holiday period etc., generally as per rates published on the Company website or printed literature.

The minimum Service Charge is £28 but this may be varied without notice.

We may charge waiting time if you are not ready to be collected within 30 minutes of the scheduled pick up time subject to section 4. The waiting time charge, published on the Company website, will apply after 30 minutes of waiting, accruing in 15 minute intervals at a pro rata rate.

Presently, we are not VAT registered and so the Service charge will be the total cost payable by you, free of Value Added Tax (VAT).

Without prejudice to any other right or remedy we may have, if you fail to pay any sum due to us on the due date, we may charge interest on the outstanding sum from the due date for payment at the rate of 4% above the base lending rate of Lloyds TSB Bank Plc, accruing on a daily basis and compounded quarterly until payment is made, whether before or after any court judgment and you shall pay the interest immediately on demand; and we may suspend all further obligations to perform Services for you until payment has been made in full.

Gratuities are discretionary and not included in the Service Charge.

6. CANCELLATION & REFUND POLICY

6.1 Bookings cancelled prior to commencement of service will be subject to the following conditions;

6.1.1 If we received a pre-payment or full payment prior to commencement of service we may offer one of the following solutions;

6.1.2 Full refund, less any credit charges, if cancellation is within 14 days from date of confirmed booking (i.e. cooling off period).

6.1.3 Full refund, less credit charges and booking fee, if cancellation is notified not less than 48 hours prior to commencement of the service.

6.1.4 50% refund, less credit charges and booking fee, if cancellation is notified within 48hrs but not less than 12 hours prior to commencement of service.

6.1.5 No refund if cancellation is notified less than 12 hours prior to commencement of service.

6.2 Bookings cancelled after commencement of service but prior to completion will be subject to the following conditions;

6.2.1 If we received a pre-payment or full payment prior to commencement of service the following will apply;

6.2.2 25% refund, less credit charges and booking fee, if cancellation is notified not less than 48hrs prior to the next stage of service.

6.2.3 No refund if cancellation is less than 12 hours prior to the next stage of service

6.3 If no pre-payment has been received by the Company in advance of service the you will be liable to pay the agreed Service Charge less any possible refund as above.

6.4 We may cancel the Contract immediately without liability, if you;

6.4.1 fail to pay any amount due under the Contract on the due date for payment and remain in default for more 7 days after being notified to make such payment; or

6.4.2 breach any of the terms of the Contract and (if the breach can be remedied) fail to remedy it within 7 days of being given notice to remedy the breach.

6.5 We may cancel the Contract for operational reasons, at any time, and may endeavour to find/offer alternative service for you. If we have received a pre-payment, and you are inconvenienced by the cancellation, we may be liable but only to the extent of the difference in cost for the alternative service. Any claim in this respect must be submitted to us, in writing, within 14 days of the cancellation together with copy of a receipt for the alternative service. We shall have no liability to you if we have not received a pre-payment from you.

6.6 The limitation of any refund will be considered together with the individual circumstances and will be subject to the sole discretion of the Company.

6.7 In the event of cancellation by you giving cause for a refund, a claim should be submitted to us in writing within 14 days from the date of the cancellation. Contact details can be found in the confirmation of booking or published on the Company website.

6.8 On termination of the Contract, for any reason, the Customer shall immediately pay to us all outstanding sums of money due, unpaid invoices (if any) and interest and, in respect of Services supplied but for which no invoice has been submitted, we may submit an invoice, which shall be payable immediately on receipt.

7. PERSONAL DATA & PRIVACY POLICY

We may use personal data given to us for the purposes of; making a reservation/booking with us, obtaining ancillary services in connection with a reservation/booking such as accommodation, golf courses and/or event service providers, sub-contracted services and may share relevant personal data with any relevant ancillary service. We shall not retain your credit or debit card details for longer than the term of the contract, or any other sensitive financial information you provide to us. We may however retain all correspondence between us and may transmit such data provided by you to personnel directly within our responsibility and/or within our office. Your personal data will not be used for marketing activities without your prior consent. Photographs taken by us with your consent may be used for publication on our website and placed in company brochures but we shall endeavour to seek your consent on this matter prior to publication. We shall regard email messages and SMS text messages as insecure unless otherwise agreed by you and us and we shall not be liable to you or any other party for any loss or damages incurred by you in connection with any data transmitted by you to us or sent by us to you. We may use your name, email address and basic contact details to inform you of changes in our services or features we think you may find interesting. We shall not sell, trade or rent your personal information to any third party. We shall endeavour to ensure safe and secure retention of all data within our system and control.

8. LIMITATION OF LIABILITY

We shall have no liability for any losses incurred as a result of unforeseeable or unavoidable circumstances (e.g. traffic jams, road works, vehicle breakdown, accidental damage, adverse weather conditions etc.). The Company's liability will be limited to the cost of alternative transport for the purpose of completing the applicable journey on the day of travel as per the agreed travel arrangements. In any event, our liability will be limited to no more than the Service Charge.

The Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall be limited to the Service Charge.

9. FORCE MAJEURE

We shall have no liability to you under the Contract if we are prevented from, or delayed in performing, our obligations under the Contract or from carrying on our business by acts, events, omissions, accidents, vehicle or trailer breakdowns or adverse weather conditions beyond our reasonable control, including (without limitation) failure or suspended activity of a utility service or transport network, road closures, traffic congestion, act of God, war, riot, terrorist attack, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, fire, flood, storm or default of the Company or subcontractors.

10. COMPLAINTS PROCEDURE

We shall endeavour to ensure that our service meets and surpasses Customer expectations. In the unlikely event of any problem, incomplete or unsatisfactory service or any loss incurred by you, giving cause for a complaint, you should inform the driver, in the first instance, who will attempt to rectify the matter immediately. If the matter is not resolved to your satisfaction please write to us within 14 days from date of the incident so that we can attempt to resolve the complaint. Please advise the driver's details, time, date and nature of the incident. Contact details can be found in the confirmation of booking or published on the Company website; www.strachantours.co.uk

11. LEGAL

Any claim or disagreement over the contract which cannot be resolved by mutual agreement will be governed by the Laws of Scotland and the Customer accepts that the courts of Scotland will have jurisdiction over any dispute or claim arising out of, or in connection with the contract. The terms and conditions stipulated herein shall prevail over any implied law, any custom or practice, inconsistent terms and conditions contained in, or referred to, in the written contract, standard company literature, the company website, any citations from past case law, unless otherwise allowed by us. If you believe that any special conditions have been agreed then it is your responsibility to ensure these are confirmed in writing with us at least 48hours prior to commencement of the service. Any information contained in the Company website, brochure, price list or any other marketing material issued by us is intended for guidance only and the contents of this information shall not be binding. Any administrative error may be corrected without any liability on the part of the Company.