Terms and Conditions

1. DEFINITIONS

"Customer", "you" or "your" means the person, business or organisation (including all passengers travelling in our vehicle/s by your invitation or approval) who, accept the quoted price for service and/or confirm a booking with us.

"Company", "we", "our" 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 as outlined in the confirmation of booking. The service charge will include any applicable booking fee and credit charges.

"Booking Fee" means the administration charge for the booking.

"Deposit" means the sum of money, including booking fee and credit charges, required to 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.

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2. RESERVATIONS AND BOOKINGS

Enquiries for service can be made in person, by telephone, email, social media 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 Customer then the agent and/or person responsible will be deemed to be the Customer until such time as the Customer secures the booking with their agreement and / or payment of the required Service Charge or deposit.

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 and the value of your booking is in excess of £100, a deposit may be requested as pre-payment. A deposit may be up to 50% of the total value of the booking but the exact amount will be at the Company's discretion.

If you accept the price quoted and indicate an intention to proceed with a booking, then your written word 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, by conventional post, SMS text message, social media 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 agreement.

Any changes you require after a booking is confirmed must be made to us in writing within 14 days from the date of issue of the confirmation of booking. Thereafter any changes may be subject to an administration charge of £5 minimum or we may alter/cancel the booking if we are unable to accommodate the changes.

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 7 days from date of issue.

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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 commencement of service.

We aim to provide a high standard of service with transportation and tours using vehicles of a good high 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 comprehensively 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 such as 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 a scheduled arrival time at any travel hub such as an airport, train or bus station etc. we shall endeavor 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 a delay is greater than 1.25 hours 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.

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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 £5 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. An 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 be liable for a refund or compensation. 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, 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 and thereby renders the vehicle un-suitable for the next customer, then you will be liable to pay the driver 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 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).

You should consider purchasing appropriate travel insurance to have in effect prior to travel with us. Travel insurance policies should include cover for cancellation charges and the costs of assistance, including repatriation, in an emergency and for all medical conditions including those which are pre-existing. International passengers should consider cover which includes ‘loss of enjoyment’ or equivalent in the event of a cruise ship missing port on day of a planned excursion.

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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 advised at the enquiry stage or at 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 road tolls, parking charges, fuel etc. It may also include any 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 unless otherwise agreed prior to booking.

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 £40 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. A waiting time charge, equivalent to an hourly rate of at least £40 per hour will apply after 30 minutes of waiting, accruing in 15 minute intervals at a pro rata rate.

Presently, the company is not required to be registered for VAT (Value Added Tax) so we do not charge VAT. Therefore the service charge due to be paid will be the total cost payable by you.

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 at least 3% above the base lending rate of the Bank of England, 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.

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6. CANCELLATION & REFUND POLICY

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

6.1.1 If we received pre-payment or full payment one of the following solutions may be offered;

6.1.2 Full refund, less any applicable credit card charges and non refundable expenses incurred by us including, but not limited to, accommodation and activities etc., if cancellation is within the first 14 days from date booking is initially confirmed by the Company (i.e. cooling off period) but not less than 7 days prior to commencement of service.

6.1.3 Full refund, less deposit, any applicable credit card charges and non refundable expenses incurred by us including, but not limited to, accommodation and activities etc., if cancellation is notified not less than 7 days prior to commencement of the service.

6.1.4 50% refund, less deposit, any applicable credit card charges and non refundable expenses incurred by us including, but not limited to, accommodation and activities etc., if cancellation is notified within 7 days but not less than 24 hours prior to commencement of service.

6.1.5 No refund if cancellation is notified less than 24 hours prior to commencement of service.

6.2 Cancellations 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 the following conditions will apply;

6.2.2 25% refund, less deposit, any applicable credit card charges and non refundable expenses incurred by us including, but not limited to, accommodation and activities etc. if cancellation is notified not less than 24 hours prior to the next stage of service.

6.2.3 No refund if cancellation is notified less than 24 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 No refund will be due for unexpected additional expenditure during if caused by events beyond our control as per Section 9 (Force Majeure). Unexpected expenditure includes, but is not limited to, cost of unplanned accommodation, onward travel, personal expenses, cancellation fees etc.

6.5 No refund will be due to any passenger who booked our service via a third party booking agent such as Trip Advisor Experiences, Visit Scotland, Booking.com etc. Any entitlement to refund will be via the third party agent and subject to their terms and conditions.

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

6.6.1 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

6.6.2 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.

6.7 We may cancel the Contract for operational reasons, at any time, and may endeavour to find/offer a suitable alternative service provider for you. If we have received a pre-payment, and you are inconvenienced by the cancellation, we may be liable only to the extent of the difference in cost charged by the alternative service provider. 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.

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

6.9 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.

6.10 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.

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7. PERSONAL DATA & PRIVACY POLICY

Personal data may be collected and stored in accordance with our Privacy Statement which can be found on the following webpage; www.strachantours.co.uk/privacy.htm

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8. LIMITATION OF LIABILITY

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. In relevant circumstances deemed appropriate by us, we may cover the cost of alternative transport for the purpose of completing an applicable journey as per agreed travel arrangements. We shall have no liability for any losses incurred as a result of unforeseeable or unavoidable circumstances (such as traffic congestion, road works, vehicle breakdown, accidental damage, adverse weather conditions, cruise ship missing port etc.). In the event of an accident involving our vehicle and any subsequent loss or inconvenience incurred by you, as a result of that accident, the Company’s liability will be limited to the extent of cover for individual fare paying passengers provided by the comprehensive motor vehicle insurance policy and or public liability policy that we hold in effect at time of the accident.

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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.

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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

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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.

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