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1.1 The Company – Your contract is with SCOTIA ARTS Ltd, whose registration number is 573499. Scotia Arts Ltd are hereinafter referred to as ‘the Company’ or ‘we’ in respect of these Booking Conditions, which apply to all of the tours and events on our website.
1.2 The Client or ‘you’ – The person whose details appear and who submits this booking form. You confirm that you have authority to sign on behalf of all other people within your group, for whom you will be responsible for in accordance with these Terms and Conditions.
1.3 The term ‘tour’ refers to any tour, event or festival organised by the Company.
2.1 A contract shall exist between the Company and the Client when the Company has confirmed in writing the tour price with detailed specifications and the deposit is received from the Client.
3 The Booking And Deposit
3.1 To make a booking for a tour with the Company the Client must complete a registration form. Once received the Company will produce a Payment Schedule detailing payments to be made by the Client.
3.2 The Contract between the Company and the Client will come to effect and be binding on both parties with effect from the date that notification of the acceptance of the deposit has been sent by the Company to the Client.
3.3 We reserve the right for whatsoever reason to return the deposit to you and refuse acceptance of your application, including after the commencement of the tour, subject to as otherwise expressly provided within these Terms and Conditions.
4 Balance of Payment
4.1 The Client will pay the balance of the tour as dictated by the Payment Schedule.
4.2 In the case of international payments the Client will ensure that the full GBP Sterling amount is received by the Company after all bank charges and any interest rate fluctuations have been levied.
4.3 The Company shall not be responsible for the collection of individual group member payments. It will only deal with the designated representative of the Client and not with other individuals. Any variations required should be advised by the agreed representative of the Client.
5 Failure to pay the Balance of Payment when due
5.1 If the balance of the monies due from the Client to the Company is not paid as stated on the Payment Schedule, we will treat the Contract as cancelled by the Client and retain the deposit.
6 Cancellation by The Client
6.1 The Client acknowledges that payment for the tour is a fundamental part of the tour’s income and contributes to the overall cost of equipment, running costs, staffing, administration etc., and that the Company will have incurred the largest part of its costs before the actual Date of Departure or Start of Event. Cancellation by the Client must be in writing.
6.2 Deposits are non-refundable. If you cancel your booking, cancellation charges will be imposed as shown below:
6.2.1 90 days or more prior to departure – loss of initial deposit
6.2.2 89-60 days before departure – 30% of total invoice
6.2.3 59-35 days before departure – 60% of total invoice
6.2.4 Less than 35 days – 100% of total invoice
6.2.5 All cancellations must be in writing and be made by the person who submitted the registration form.
6.3 Rates are based on group participation. No refund for any unused portion or part of the tour or services to be provided will be given. If the Client of their own volition makes any alteration to or departs from, any portion of part of the tour, such alteration or departure will be entirely at the Client’s expense and liability and the Client will forthwith communicate in writing the reason for leaving to the tour guide or staff member.
7 Cancellation by The Company
7.1 The Company reserves the right to cancel the Client’s tour, however, the Company will normally not do so unless forced to do so by virtue of unforeseen circumstances such as flight cancellations, civil or political unrest or ‘force majeure’ or on group tours where minimum numbers have not been reached, or other matters it could not foresee or prevent.
7.2 In the event of cancellation caused by unforeseen or uncontrollable circumstances such as flight cancellations, civil or political unrest, ‘force majeure’, or human or manmade disaster, the Company will endeavour to reimburse any monies that it can retrieve from its suppliers.
7.3 In the event of cancellation caused by a group not reaching minimum numbers (an amount which will be determined by The Company), then the Company shall notify the Client not less than 45 days prior to departure that the minimum numbers have not enrolled and the tour is cancelled, in which case we will offer you an alternative tour of an equivalent or lesser price. If this is not acceptable, the payments made to the Company in respect of the tour shall be reimbursed. The Client may upgrade to a more expensive tour if available, subject to the Client paying the difference in price.
7.4 In the event of any cancellation, the Company will not accept liability for any consequential expenses that the Client may incur as a result of cancellation or for any other loss or damage howsoever caused arising out of cancellation. In all cases it is up to the Client to have suitable insurance to cover any additional losses not covered by the Company’s policy of reimbursement due to cancellation and to have booked flights that are sufficiently flexible to accommodate change/cancellation.
8 Changes by the Company
8.1 It is unlikely that the Company will have to make any changes to our published itineraries, but the arrangements are planned many months in advance. Occasionally changes may occur without prior notice for reasons over which we have no control. The Company reserves the right to make changes without prior notice at any time, both before and during the tour. It is agreed that a published itinerary constitutes only an indication of what the tour is planned to accomplish and is not to constitute a contractual obligation on the part of the Company.
8.2 The Client agrees that the nature of the tours offered by the Company require a degree of flexibility and that the contents and timings of the tour (including the arrival time at the tour’s destination, changes in route or method of transport) may be materially and consequentially effected as a result of ‘force majeure’, weather, local political conditions, man-made or natural disasters (including landslides, quakes and severe flooding), strikes, entry or border difficulties, mechanical breakdowns, flight cancellations, sickness or other unforeseen circumstances. You agree to accept this flexibility and to accept that we cannot be held responsible for delays and alterations in the schedule, or for expenses incurred as result of any delay or alterations arising from any such circumstances over which we have no control.
8.3 When a major change becomes necessary before the tour departure notification of such alterations will be sent to the client’s last known address (email or postal) as soon as the Company becomes aware. The Company will in its sole and absolute discretion (acting reasonably) decide what constitutes a major change of itinerary, and the Client agrees to accept the same.
8.4 If a major change to an itinerary is necessary prior to commencement of the tour – including a date change – the Client will have the choice of either accepting the change of arrangements, taking another available tour from the Company, or cancelling the tour and receiving a full refund provided that the major change is not due to flight cancellations, civil or political unrest or ‘force majeure’ or any other reason beyond the control of Company, and provided they do so within 21 days of notification.
8.5 The Company reserves the right to alter itineraries after departure, without refund if it is believed by the Company to be in the interest of the Client to do so. If an itinerary has to be changed during a tour, the Company will decide the new itinerary. The Company should in its sole and absolute discretion decide what constitutes a major change of itinerary (and the Client agrees to accept the same). Should a Client choose not to participate in the revised itinerary and cancel the tour, reasonable help will be given to facilitate their return to the place of origin of travel, but no refund or compensation will be payable in respect of any unused hotel accommodation or any other services on a tour.
9 Passports, Visas and Health Matters
9.1 Medical vaccinations, passports, visas etc. are entirely your responsibility and must be arranged prior to departure. We take no responsibility for cancellation of your trip in the event that you are not allowed to fly, or continue your tour. If you are unable to travel due to not being able to obtain (or not having) the appropriate visa we reserve the right to retain the cost of the trip.
9.2 You must ensure you are medically fit to travel and participate in the tour. We accept no responsibility for any losses you incur or any element of the tour that you are unable to participate in, on account of your health or fitness. It is your responsibility to ensure that you research your intended destination(s) and activity/(ies) to determine whether you are able to participate and that you are at the required fitness level to undertake the tour.
10 Foreign and Commonwealth Office Advice
10.1 The Client acknowledges that they are responsible to make themselves aware through Foreign Office advice, State Department warnings and any other sources available to them in regard to the safety of the countries and areas in which they will be travelling and to make their decisions accordingly.
10.2 Whilst we will do our best to inform clients of relevant changes to the FCO Travel Advice (www.fco.gov.uk), it is up to the Client, and not the Company, to know what the FCO travel advice to a certain country, or region of a country, is and to be adequately insured to travel there. The Company accepts no liability if the Client a) chooses to cancel a booking because of FCO advice or b) is not adequately insured to travel.
11 Company and Client Responsibilities and Liabilities
11.1 In consideration of participating in the Tour, the Client represents that they understand the nature of this Tour and that they are in good health and in proper physical condition to participate in such a Tour.
11.2 The Company acts on behalf of the Client in contracting with various accommodations, coach companies, music festivals, music promoters, venues and other independent contractors and vendors to provide the services included in each programme.
11.3 The Client agrees that the obligation of the Company to the Client is to use reasonable skill and care to select competent, independent sub-contractors to provide services related to the Tour and to exercise reasonable care in selecting such suppliers.
11.4 Neither the Company nor its agents or cooperating organisations shall be held responsible or liable for the negligent acts and/or omissions of these independent contractors, their employees’ agents, servants or representatives.
11.5 The Company does not accept liability for compensation should there be no fault on the part of the Company or its suppliers and the reason for the improper performance of the tour arrangements was either the Client’s fault, the actions of someone unconnected with the tour arrangements or could not have been foreseen or avoided by the Company or its suppliers even if all due care had been exercised. Where the Client does suffer personal injury or death as a result of an activity forming part of the tour arrangements booked with the Company, the same conditions shall apply.
11.6 The Company also reserves the right, without payment of compensation and whether before or after the commencement of the programme, to exclude any person as a member of any group if, in the absolute discretion of the Company, that person may appear likely to endanger the health or safety or to impair the comfort of other members of the group.
11.7 The Client fully understands that there may be other risks either not known or not readily foreseeable at this time and they fully accept and assume all such risks and all responsibility for losses, costs and damages they incur as a result of their participation in the Tour.
12 Limitation of Liability
12.1 Our responsibility does not start until you meet the Company Representative at the designated meeting point; usually the airport in the city at the start of the trip. We are not responsible for any additional expenses incurred by you in getting to the meeting point.
13 Travel Insurance
13.1 The Client will effect and maintain sufficient and appropriate cancellation, curtailment, medical expenses and third party liability insurance in respect of the Client and dependent relatives, and insurance to cover loss of, damage to or theft of the Client’s baggage including instruments and equipment, no later than the date on which the balance payment is due.
14 Company Representative
14.1 The Company will appoint the Representative(s) who will represent the Company. The identity of the Representative(s) shall be communicated to the Client orally forthwith upon the first meeting of the commencement of the Tour, and that by continuing on the Tour, the Company and the Representative(s) shall be free to assume that the Client is fully aware of the Representative(s) identity and shall accept all instructions given and requests made by the same which in the Representative(s)’ sole and absolute discretion are necessary or appropriate in pursuance of the Tour. The Client agrees to accept the decisions of the Representative(s) who shall have absolute discretion and authority to secure implementation of the Company’s obligations under the Contract.
14.2 If the behaviour of the Client or member of the Client is such as to affect the well-being of yourself or other members of the group, and/or if you are being obstinate in any way, in a Representative’s sole and absolute opinion, affecting or potentially affecting another Client’s enjoyment of the tour, you may be asked to leave the tour without any right to refund.
15 Compliance with Legislation
15.1 The Client will comply at their expense and their liability with all legislation, visa requirements and immigration, customs and foreign exchange regulations of the countries visited. Should there be any failure to comply or any contravention by the Client of such laws, requirements or regulations, subject to the provisions of these Terms and Conditions, the Company shall have the right to require the Client to leave the tour without recourse to refund or other compensation.
16.1 We will always endeavour to resolve a complaint as it arises. In order to do this we need to be made aware of the complaint.
16.2 The Client will ensure at the earliest opportunity any perceived failure in the performance, or improper performance in the Contract, whether by the Company or its suppliers, is communicated to the Company’s Representative. The Company and the Client will then make prompt efforts to resolve the complaint.
16.3 The Client agrees to give written details of any serious complaint to the Representative.
16.4 In the event that a serious complaint remains unresolved then the client agrees to set out their complaint in writing to the Company within 7 days of completion of the Tour.
16.5 The Client agrees that these provisions are reasonable and that any failure by the Client to comply with them will, at the Companies discretion, exclude any rights arising out of the Contract.
17 General Conditions
17.1 No person, save with the express permission in writing of a Director of Scotia Arts Ltd, has the authority or is empowered to waive or vary any of the Contract.
17.2 The Client acknowledges that prior to Contract they have been given general information on passport and visa requirements for the Tour and of the health formalities required, and knows of no reason that would cause the client to be unable to comply with these requirements.
17.3 The invalidity, illegality or unenforceability of any clause within these terms and conditions shall not affect the continuation in force of the remainder of these terms.
17.4 The Contract shall be construed in accordance with Scots Law and the parties irrevocably submit to the exclusive jurisdiction of the Scottish Courts to settle any disputes, which may arise out of or in connection with the Contract.