Concierge Design Services Agreement:
These are the terms and conditions (“Terms”) on which we agree to supply specialist itinerary services to you and together with the Proposal form they form the basis of the contract between you and Private Concierge Scotland. Please ensure that you read these Terms carefully. These Terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions concerning these Terms please contact us so that we can answer your question before you make the booking.
1. Words or expressions used in these Terms In these Terms
“we”, “Private Concierge Scotland” or “us” refers to ORM Estates Ltd (a company registered in Scotland with registration number SC712535) of 43a Ballifeary Road, Inverness, Scotland, IV3 5PG and XXXXXXX, “you” refers to the person (or persons) who is/are contracting with us for the provision of our services as set out in the Proposal Form. You may be a Traveller or Travellers, or a Tourism Business (who will on-supply our services to the Traveler(s)):
– “acceptance” means your acceptance of the Proposal signified by receipt by us of the Advance Payment, and “booking” has the corresponding meaning;
– “Advance Payment” means the advance payment described in section 4 below;
– “DMC” means ORM Estates Ltd trading as Private Concierge Scotland
– “Client” is the person or entity who purchases the Itinerary on behalf of the Traveller. The Client may also be the Traveller. – “Itinerary” means the schedule of services arranged by the DMC.
– “Traveler” means a person or persons contracting directly with us or with the Tourism Business to receive the Program and who is going to attend the events, experiences, accommodation and/or travel comprising the Program as one of more of the members of the Party, – “Date-specific Event” means an event or experience that has a specific calendar date and location which is not transferable should the Itinerary dates change. Date-specific Events may require supplementary deposits or entire advance payment to secure access or availability. Examples of such events are, but not limited to, sports events, concerts, festivals, golf reservations, flights where arranged by the DMC. – “Contract” means the contract between you and us for the supply by us to you of the Program consisting of: (a) the Proposal and (b) these Terms that are deemed to be incorporated in and form part of the contract,
– “Package Regulations” means The Package Travel, Package Holidays and Package Tours Regulations 1992 (as amended from time to time), which apply where your booking with us consists of the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:
(a) transport;
(b) accommodation;
(c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package, – “Party” means the persons who will attend the Program, and “Member of the Party” shall be construed accordingly. The Party may consist of one or more Travellers (who have contracted to receive the Program ) and one or more other persons (who have no contractual rights to the Program and who are guests of the Traveler);
– “Program” means the Package of services comprising the chosen itinerary and associated arrangements set out in the Proposal; – “Proposal” means the written “At a Glance” proposal issued by us that sets out the details and price of the chosen Program, which amounts to a Package, and also contains a copy of these Terms;
– “Tourism Business” means a travel or tourism-related business which is procuring the Program (as principal) for on-supply to the Traveler, – “VAT” means value added tax or any other similar tax.
2. The Proposal and Your Contract with Us
a. Once you have confirmed with us your Program requirements we will provide you with a Proposal that includes details of the Program and the price including the Advance Payment and a confirmatory invoice for the Advance Payment. If you are satisfied with the Proposal you should pay the Advance Payment as explained below under “Payments”. Receipt by us of the Advance Payment signifies your acceptance of the Proposal and the time when the Contract between you and us commences and becomes binding.
b. The price and any other charges set out in the Proposal will be valid for a maximum period of 14 days. If we don’t receive the Advance Payment within the period specified in the initial confirmatory invoice no binding contract will come into force between us and we reserve the right to revise the Program and/or the price and charges should we feel it necessary in which case, if you wish to continue with the booking, we will provide you with a revised Proposal and invoice that will also be valid for a maximum period of 14 days. c. The contacts and content of the proposal we send you is the property of Private Concierge Scotland. Should you contact or book directly with a Private Concierge Scotland contact then you will be liable for a planning and introducers fee.
d. We will send a further invoice for the balance of the Price that is payable usually no later than two calendar months prior to commencement of the Program, unless the booking has been made within the two calendar months period prior to the commencement of the Program in which case we will issue one invoice for the whole of the Price including the Advance Payment and that invoice will be payable immediately. e. If you are a Tourism Business then we may at your request communicate directly with the Traveler and/or the Party, and may agree to take payment from the Traveller on your behalf, but this will not affect the fact that our contract to supply the Program is with you, and that you are on-supplying the Program to the Traveler. If we take payment from the Traveller on your behalf, we will deduct the Price from such payment (to the extent it exceeds the Price) and forward as soon as reasonably practicable after receipt of cleared funds] any such excess amount to your nominated bank account or if such is less than the Price you will be liable to pay us the amount of the shortfall in accordance with this Contract.
f. All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named Traveller in the Party (aged eighteen years or over) will be treated by us as the ‘lead name’ for the booking and all correspondence, tickets, vouchers and other documents relevant to the Program will be sent to that person. If you are not a Tourism Business, that person will be responsible for making all payments due to us in accordance with the Contract.
g. If you are a Traveler, these Terms apply to you and all other Travellers in your Party. You should ensure that you have read and understood these Terms before you accept the Proposal.
h. By paying, or arranging payment of, the Advance Payment you represent and warrant that you have the authority to accept and do accept the Proposal including these Terms on your own behalf and (if you are a Traveler) on behalf of any other Traveller members of the Party. i. Only you shall have any rights to enforce these Terms. If you are a Tourism Business, or if you are a Traveller and there are any non-Traveler Members of your Party, this Contract does not give rise to any rights under The Contracts (Rights of Third Parties) Act 1999 for any other party to enforce any term of this Contract.
j. It is important that you check the accuracy and completeness of all information about all members of the Party in the Proposal (including all relevant Party members’ addresses for correspondence) and that you check the details of the Program set out in the Proposal before you accept the Proposal. If any details appear to be incorrect or incomplete, please contact us immediately as it may not be possible to make changes later. We regret that we cannot accept any liability if we are not notified of any error or inaccuracy (for which we are responsible) within 10 days of the date of the Proposal. We will use our reasonable endeavours to correct any error or inaccuracy outside of this time limit but in that case you must pay any costs that we may incur as a result of doing so.
3. Price
a. The total price and any other charges (together the ‘Price”) payable for the Program will be set out in the Proposal and the invoice(s) issued by us to you. On some occasions suppliers from whom we obtain services as part of your Program may unexpectedly require non-refundable deposits or full payment for their services (in addition to any Advance Payment made at the time of booking) in advance of the date the balance of the Price is due in order to secure those services even if they have previously confirmed availability of those services. If this is the case we may have to ask you to pay an additional Advance Payment to cover this. We endeavour to ensure that the most up to date and correct prices are shown in our Proposal however, we reserve the right to raise or lower our prices at any time to reflect changes in the costs we incur in providing the services. Occasionally, an incorrect price may be shown, due to an error. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or as soon as reasonably possible. We reserve the right to cancel the booking if you do not wish to accept the price that is actually applicable to the Program. The Price will include any [UK] VAT that is
properly chargeable in respect of our services. If you are a UK Tourism Business and require a full VAT invoice for VAT purposes please let us know.
4. Payments and Advance Payment Advance Payment
a. All Tour Itineraries require full prepayment prior to arrival in Scotland.
b. An Initial Payment of 25% is required to confirm the agreed Itinerary as outlined in the Proposal. Subsequent payments to the DMC are due as per schedule 4.f.
c. Where an Itinerary requires a supplemental deposit or entire prepayment to secure access to a Date-specific Event as indicated in advance by the DMC , all such charges are payable in addition to the payment schedule in Clause 4.f to confirm the booking. All such deposits and payments are contingent on specific terms and conditions of the relevant suppliers which may be supplied upon request.
d. Any additional elements added immediately prior to the Itinerary start date or whilst the Itinerary is in progress require full prepayment. Any refunds due to the Client will be refunded in full within 14 days of the end date of the Itinerary.
e. The DMC’s services are considered to be creative and consultative and uniquely qualified. Each Itinerary is tailor-made specifically for the Traveller and when cancel is not possible to resell due to its personal nature. For the avoidance of any doubt as the majority of the work undertaken to create a tailored Itinerary for the Client is completed well in advance of the arrival date into the Republic of Ireland or the contracted territory, a defined percentage of the Tour Value is deemed to be a payment for work already completed and is discharged by the Client strictly on that basis and is not to be regarded as a refundable deposit but entirely or partially as non-refundable in the event that the contracted Itinerary is cancelled. Any remaining costs will be subject to the terms and conditions detailed in Clause 5. f. Private Concierge Scotland requires the following payment schedule:
25% of the Tour Value (non-refundable)…………..Required to confirm the Itinerary
75% of Tour Value Due………………………………………Two calendar months from date of arrival
The 25% Initial Payment transaction serves as confirmation that the Client has read and agrees to the general terms and conditions as laid out in this document.
h. Payment of the balance. If you have not paid the Price in full, any unpaid balance must be received by us by the date set out in the invoice.
5. Failure To Pay The Price On Time And Interest On Late Payments
a. If we have not received full payment of the Price by the date specified in the invoice(s), we reserve the right to treat your booking as cancelled by you and you will forfeit your Advance Payment by way of cancellation charges. We will notify you in writing if we are treating the booking as having been cancelled by you in accordance with this section.
b. If you request us not to treat your booking as having been cancelled with effect from that date for whatever reason, for example, because you have told us that you will be making payment but you subsequently fail to make such payment we will be entitled to treat your booking as having been cancelled by you and you must pay the cancellation charges set out in section 11 depending on the date that we treat your booking as having been cancelled by you.
c. If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% per annum. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
6. Are Your Payments Protected In The Event Of Our Insolvency?
a. In accordance with the Package Regulations your payments are protected as [all monies paid to us by you are held in a trust account from which they may only be withdrawn by us on completion of our contract with you or such monies have been repaid to you or forfeited in accordance with these Terms] OR [we also hold insurance cover to protect your payments].
7. Itinerary Cancellation
a. All cancellation requests must be made in writing to the DMC by email with receipt of such cancellation request confirmed by the DMC. b. If the Client and/or the Traveler terminates this contract the following liquidated damages and not as a penalty will apply:
CANCELLATION DATE …….…… LIQUIDATED DAMAGES
CANCELLATIONS DUE TO CLAUSE 23. B. ……. 10% OF TOTAL TOUR VALUE IS FORFEIT TO INCLUDE FEES
120 – 91 days prior to Itinerary start date ………….. 25% of total Tour Value is forfeited.
90 – 61 days prior to Itinerary start date …………… 50% of total Tour Value is forfeited.
60 – 31 days prior to Itinerary start date …………… 75% of total Tour Value is forfeited.
30 – 1 days prior to Itinerary start date ……………… 100% of total Tour Value is forfeited.
c. Any Date-specific Event included in the Itinerary will have its own specific event cancellation terms and conditions in addition to those outlined in Clause 5.b.
d. Itinerary start date is the day of arrival of the Traveller. Liquidated damages and not as a penalty also apply to any pre- or post-Itinerary services where arranged by the DMC at the direction of the Client.
e. The DMC does not accept responsibility for any additional costs or fees relating to either or both the cancellation and reissuance of air tickets or any alternative modes of transport where arranged by the DMC at the direction of the Client.
f. If the Client cancels for convenience for reasons unrelated to those detailed in but not limited to Clause 23.b then the Client shall be responsible for payment for Itinerary services as detailed in Clause 5.b.
8. Postponement
a. Postponements will be handled on a case-by-case basis.
b. All Tour Itineraries are quoted for a specific travel date. If the Client postpones for convenience the DMC reserves the right to adjust the Tour Value accordingly subject to agreeable alternative travel dates submitted by the Client and accepted by the DMC. c. The essence and value of the rescheduled Itinerary must remain consistent with the original. Price differences for hotel accommodation or specialist services due to seasonal variances will be borne by the Client.
d. For postponement requests under Clause 23.b, the following options apply:
Either party may postpone the Itinerary reservation to mutually agreed dates that are within 12 months of the contracted dates with an extension possible on a case-by-case basis. For the avoidance of doubt, in these circumstances:
(i.) all payments are transferable to the agreed postponed reservation dates
(ii.) all references in the Quote Document to the Itinerary dates shall then be taken to apply instead to the agreed postponed Itinerary dates.
(iii.) If alternative dates within the 12 months cannot be agreed or become impossible under continued unforeseen circumstances, an extension may be granted. If the Itinerary is subsequently cancelled for convenience by the Client, the cancellation fees applicable for the original contracted Itinerary dates apply. See Clause 5.b.
e. A Date-specific Event that is not transferable will be omitted from the subsequent Itinerary and where possible an alternative of equal value and substance will be substituted. Where a rescheduling of such event is offered by the event organisers this rescheduled date will be deemed an agreeable alternative. Should the Client reject this rescheduled date the DMC will use best endeavours to mitigate Client losses.
9. Alterations To Or Cancellation Of Your Program By Us
This Section only applies to the Contract you have with us and does not apply to any contract entered into directly by you or any member of your Party with any third party supplier.
a. We use our utmost efforts to provide you with the Program that you have booked but because we often plan arrangements a long time in advance of your Program using third party suppliers such as proprietors or operators of places of interest, hotels or transport services over whom we have no direct control it may be necessary for us to make alterations to your Program and we reserve the right to do so. In most cases these changes will be minor. For example, admission to Royal Palaces and Gardens, Official Residences, Government buildings, and other places of historical or other interest that are used for Royal or State ceremonies or for other official purposes may be restricted or denied at short notice.
b. However occasionally changes may be significant in which case we will inform you in writing as soon as is reasonably practicable. c. A significant change would include a change of accommodation to that of a lower standard, a significant change in the Price or a significant change to the Place(s) of interest that were included in the original Program.
d. If we have to make any significant changes to your Program or cancel your Program you will have the following options: (i.) you may accept the changes to the Program,
(ii.) you may purchase from us an alternative Program of similar standard to that originally booked (subject to availability) that we offer you and if this alternative Program is cheaper than the original Program you will receive a refund equal to the difference in price; or you may purchase from us an alternative Program and if this alternative Program is more expensive than the original Program you will need to pay more for the alternative Program or if it is cheaper you will receive a refund equal to the difference in price, or
(iii.) you may cancel the Program, or accept our cancellation of the Program, in which case we will refund to you all monies paid by you under the Contract including the Advance Payment. In appropriate cases you may also be entitled to compensation if in accordance with the
table below. See Clause 5.b.
e. If we have to make a significant change or there is a cancellation of your Program we will, if appropriate and depending upon the circumstances and when the significant change or cancellation is notified to you, pay you the following compensation (the amount of which depends when the notification of change or the cancellation occurs), subject to the exceptions explained below: (i.) 120 – 91 days prior to Itinerary start date ………….. £NIL
(ii.) 90 – 61 days prior to Itinerary start date ………….. £20 per adult Party member
(iii.) 60 – 31 days prior to Itinerary start date …………. £40 per adult Party member
(iv.) 30 – 0 days prior to Itinerary start date …………… £60 per adult Party member
f. Compensation will not be payable and no liability beyond offering the above mentioned choices is accepted by us where (a) we have to make a change to or cancel your Program as a result of unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (b) if we cancel the Program as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is minor.
10. Third Party
a. If a client is booking DMC’s services for a third party, it is their responsibility to make sure that the third party has read and understood our T&Cs.
b. For third party bookings, all payments; from the deposit to final payment and any add ons during the travel, should go through the DMC’s immediate client, unless agreed otherwise.
c. The DMC’s immediate client (i.e. agents/advisors/personal assistants etc.) are responsible for the collection of any agreed monies from the third party.
d. If a client is booking the DMC’s services for a third party, it is their responsibility to make sure that the third party has read and understood all itinerary details.
11. Reduction Of Guaranteed Minimum Numbers
a. All Tour Itineraries are quoted on a Guaranteed Minimum Number of Travellers. If the number of Travellers rises or falls, the DMC reserves the right to adjust the cost accordingly, based on the actual number of Travellers. Any increase in Traveller numbers will incur additional Itinerary cost adjustments made accordingly. An acceptance by the DMC to a reduction in Guaranteed Minimum Numbers is conditional on agreement with relevant suppliers. The substance of the Itinerary must remain consistent.
12. Transferring Bookings
a. If you wish to transfer your or another person’s place in the Party to another person (introduced by you), you may do so provided the reason for the transfer is personal illness, the death or serious illness of a close family member, jury service, redundancy or unavoidable work commitments. Requests for a transfer must be made in writing at least 30 days prior to departure and must be accompanied by documentary proof of the reason for the transfer (eg a doctor’s certificate), full details of the person who will replace you or the original member of your Party, any outstanding balance due for the tour, a payment of £35 per person to cover our administration costs, plus such amount as our third party suppliers require to effect the change (if the transfer can be made). We will inform you in writing of the payments and charges that must be paid before the alteration can be made.
13. Changes Or Cancellation Due To Events Beyond Our Control – “Force Majeure”
a. Except where otherwise expressly stated in these Terms, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under the Contract is prevented or affected by or you otherwise suffer any damage, loss or expense of any nature as a result of “force majeure”. In these Terms, “force majeure” means any event or circumstances which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, whether actual or threatened, war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, quarantines, fire, dangers incident to transportation, or failures in public or private telecommunications networks and other situations which are outside our control.
14. Insurance
a. Unless you specifically request us to arrange insurance cover for you for which there would be an additional charge there is no insurance cover included in the Price for the Program. We strongly advise that you arrange insurance cover that is adequate and suitable for your chosen Program and your Party’s particular needs, including insurance for cancellation of the Program that would cover loss of the Advance Payment and cancellation charges that you would have to pay and any other associated cancellation costs and including insurance for the costs of any medical treatment required during the Program.
15. Timing
a. Timing is of the essence. The Client shall provide in a timely manner such data and information that the DMC may require for the provision of the Itinerary services and ensure that it is accurate in all material aspects. Administrative costs may apply to additional work required and/or changes in supplier costs caused by delays in data receipt.
16. Passports & Visas
It is the responsibility of the Client to inform all Travellers that:
a. A valid passport with a minimum of six months validity is required for travel.
b. All non-EU Travellers must consult with their appropriate consulates to determine if visas are required. Securing visas is the responsibility of the Traveller, irrespective of nationality.
17. Itineraries Including Pub Visits
a. The legal age for alcohol consumption in the United Kingdom is 18 years or older. All Travellers must have a minimum age of 18 years for entrance to drinking establishments, unless accompanied by an adult during daytime hours. Proof of age may be requested at a drinking establishment. The DMC will not accept responsibility for non-admittance because of age. Proof of age shall be based solely on the passport or, if accepted, driving licence of the Traveller. The DMC does not provide any supervisory role during or after visits where alcohol is consumed. The DMC accepts no responsibility for any underage Traveller who purchases, attempts to purchase or consumes alcohol while on any Itinerary.
18. Travellers With Special Needs
a. In order for the DMC to best serve Travellers with special needs or those who require unique attention, Private Concierge Scotland must be notified at the time of booking. The Traveller who requires special assistance must travel with a qualified travel companion as Private Concierge Scotland cannot provide individualised assistance. Private Concierge Scotland will make reasonable efforts to accommodate any special needs and/or to advise of any restricted or limited access to sites and attractions, but cannot assume the responsibility for its suppliers and providers. Please note: the majority of coaches and multi-passenger vehicles in Ireland are not fitted with wheelchair ramps.
19. Currency
a. Price is quoted in British Pounds or applicable currency of any other jurisdiction where an Itinerary or any part of an Itinerary takes place. Non-Euro payments may be subject to currency fluctuations and a currency conversion fee may be charged by financial institutions. Electronic bank transfer or credit card payments may be subject to additional charges dictated by the issuing institution. The DMC has included all taxes, fees and charges that the DMC has control over.
b. All quotes are inclusive of V.A.T at current rates. All quotes are subject to change in line with any V.A.T. rate changes applied by the HM Revenue and Customs in the United Kingdom or any other jurisdiction where a Itinerary or any part of a Itinerary takes place.
20. Accommodation
a. Accommodation is provided with either two beds (Twin) or one bed (Double or King) in bedrooms. Bedrooms suitable for family occupancy are available upon request. The DMC will request and confirm the room preference required on booking. The DMC will not be responsible if the
requested accommodation, confirmed by the hotel, is not available upon check-in.
b. The minimum bed size for a one bedded room is a standard double bed (4 feet 6 inches wide and 6 feet 3 inches long). Upgraded room categories may have larger beds in keeping with the categories selected, such as Queen, King and Super King bed sizes. Normal hotel check in times range from 14:00 – 16:00. Normal check-out of hotel rooms is between 11:00 and 12:00.
c. Prices are per room based on two persons sharing a room unless stated otherwise by the DMC. If a room is required for family use or more than two persons, a supplemental fee may apply.
21. Chauffeur Driven Services
a. Private Concierge Scotland does not organise self-drive itineraries. All Tour Itineraries must include either a single chauffeur who is also a guide or both a chauffeur and a guide where necessary to accommodate the number of passengers.
b. If a car requested is not available, a replacement car of superior quality will be provided.
c. Airport Transfers allow for airport parking and waiting time for up to 30 minutes. After that additional charges will occur. d. A full day hire means a total of 8 hours unless otherwise specified.
e. Should an itinerary or travel requirements change during travel, we reserve the right to charge an additional admin fee. f. Drivers are not responsible for the purchase of entrance tickets unless stated otherwise. Only the agreed and pre-purchased attractions entrances are included.
g. In the unlikely event of a breakdown during a tour, full recovery will be provided, and a replacement vehicle will be supplied as soon as possible.
22. Smoking Policy
a. Smoking is prohibited by law in the workplace in the United Kingdom. This includes prohibition in bars, restaurants, hotels, transport and enclosed public places. Venues may provide access to smoking areas but this cannot be guaranteed. While some hotels may provide smoking rooms, these must be requested on booking and cannot be guaranteed.
23. Baggage
a. All baggage is carried at the owner’s risk. This applies to all sporting equipment. The DMC does not accept responsibility for non-compliance with airline baggage allowance.
24. Porterage
a. Porterage (baggage handling), where included in the cost of any Itinerary at the direction of the Client, is for one bag only per person except on golf Tour Itineraries where porterage is also included for one set of golf clubs per golfer.
b. Where additional items are carried and a porterage fee subsequently applies, the Traveller or the Client shall pay the excess cost.
25. Visits, Entertainment, & Other Itinerary Elements
a. With prior consultation with the Client the DMC reserves the right to modify schedules, itinerary route, substitute visits, entertainment and other features where establishments cannot be visited for reasons beyond the DMC’s control. If a Traveller, at their own discretion, and without notice chooses not to partake or avail of a pre-booked Itinerary element the DMC is not obliged to refund monies relating to same.
26. Travel Documents
a. All Tour Itineraries are land based and exclude all air travel unless specified by the DMC .
27. Golf
a. Travellers may be required to produce evidence of golf handicap and must bring such evidence with them. The DMC accepts no responsibility for non-admittance to courses due to failure to produce the same.
b. No refund of green fees is provided during any golf Itinerary. Where there is a course closure ordered by the golf club management due to weather conditions or other circumstances, subject to agreement with the Traveller, an alternative golf course of equal standard may be
substituted. Any resulting costs that are mutually agreed upon will be payable by the Client and any resulting saving will be refunded by the DMC to the Client.
c. The DMC accepts no responsibility for expulsion from any golf course for breach of rules or conduct or for non-admittance due to breach of proper attire regulations. No refunds will be given for such breaches.
d. Golf clubs are the sole responsibility of the owner and the DMC accepts no responsibility for loss of or damage to the same while participating in a Itinerary arranged by the DMC.
28. Photography
a. Photography in Tour Itineraries and other documentation is used for illustrative purposes only, and elements experienced during a Itinerary may not be exactly as shown.
29. The Following Are Not Included In Any Itinerary
a. Any item or service that is not listed on the Quote Document.
30. Responsibility
Entry into the United Kingdom and health
a. It is the responsibility of the person who makes the booking to ensure that all members of the Party are in possession of all necessary travel and health documents for entry into the United Kingdom (where applicable). Up to date information on passport/visa requirements for entry into the UK can be found at https://www.gov.uk/government/organisations/uk-visas-and-immigration.
b. We are not liable if you or any member of the Party is refused a visa or entry into the United Kingdom such that you or any member of the Party is unable to participate in the Program; and if you cancel the Program as a result you will be liable to pay our normal cancellation charges. The person who makes the booking is also responsible for ensuring that every member of the Party has adequate travel insurance (see section 14 above).
Damage
c. You accept liability for any damage or loss caused by you to us, any third party supplier or any other party and you agree to compensate us for any claim made by any person against us, and all costs and losses (including our reasonable legal costs) incurred by us at any time, arising from any damage caused by, or any other act or omission of, you or any member of your Party. You should ensure that you and other members of your Party have adequate insurance to cover any such damage, losses or costs.
31. Dealing With Complaints
a. In the unlikely event you have a complaint about any of the Program arrangements booked with or through us, you must tell us or the relevant third party supplier within 3-days of the end of the hire. You can contact us by telephone on +44 (0) 131 516 2123 by email at [email protected]. That will put you in contact with one of our associates who will take all reasonable steps to help you. It is only if you do this that we or the relevant third party supplier will have the opportunity to put matters right quickly. If you fail to do this, any right to compensation, which you may have, will be extinguished or reduced. If your contract is with a third party supplier, as we act only as agent, we cannot accept any liability for the arrangements provided by that third party supplier. Any assistance provided in resolving a complaint in relation to any booking of this type is provided on a goodwill basis and in our capacity as agent.
32. Our Liability To You
This Section only applies to the Contract you have with us and does not apply to any contract entered into directly by you or any member of your Party with any third party supplier.
a. In respect of Packages. We promise that the Program arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, you or any member of your Party suffers death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Further, we will be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had asked them to do.
b. In respect of other arrangements that are not Packages. We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/visits/transportation, as well as using our reasonable skill and care in choosing our suppliers. c. In respect of Packages and other arrangements. We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
(i.) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party,
(ii.) the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable, or
(iii.) “Force Majeure” as defined in Section 13 above.
d. Except as specifically set out in these conditions, we will not accept any further or different liability than the Package Regulations impose. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. e. We limit the maximum amount we may have to pay you for any claims you may make against us. The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £50 per person affected unless a lower limitation applies to your claim under this Section. For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is three times the price (and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your Program.
f. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Montreal Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens convention for international travel by sea). Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. In any circumstances in which the carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; any sums you receive from the carrier will be deducted from any amount due from ourselves.
32. Excursions & Supplier’s Terms & Conditions
a. We will not accept responsibility for services or facilities which do not form part of our Contract. For example any excursion, tours or activities you book separately from us during the Program, or any service or facility which any other supplier agrees to provide for you (“Local Events”) are not part of the Program provided by us and these Terms do not apply. For any Local Event your contract will be with the supplier of that Local Event (and not with us) and the supplier’s own terms and conditions will apply. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier.
33. Data Protection Policy
a. In order to process your booking and meet your requirements, we may need to pass personal details of Party Members on to the relevant suppliers of your travel arrangements including third party suppliers. We would also like to hold such information (including any email address), where collected by us, for our own future marketing purposes (for example, to inform them of promotional offers or to send them our brochure). If you do not wish for such approaches to be made in future, please inform us as soon as possible. For full details of our data protection and privacy policy, and an explanation of how these personal details will be used by us, please refer to our privacy policy.
34. Law and Jurisdiction
a. This Agreement is governed by the laws of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts to settle any dispute or claim arising from this Agreement.
Terms and Conditions of ORM Estates Ltd t/a Private Concierge Scotland, having their Registered Office at 43a Ballifeary Road, Inverness, IV3 5PG
Sub-Contracting (in relation to relevant services named above)
Where a service (as noted above) is not available, for any reason whatsoever, it would be normal practice to hire in from other contractors to satisfy the Clients’ requirements, unless specifically instructed to the contrary. In such circumstances, it should be understood that we would be acting as an agent for the Client. Any terms and conditions imposed by such contractors shall be binding on the Client as if they had directly contracted such services.
Contractual Obligations in relation to Hire
Whilst we will make every effort to fulfil all contractual obligations, we will not be held liable for any loss, damage, delay or inconvenience caused by the failure of any service on hire to attend or leave at the specified time of each hire, or for any deviation from the route notified by the Client, including any failure to complete such route, or for any delay in the operation of the hire caused by operational difficulties, breakdown or in any other manner howsoever caused, shall be limited to the cost of the hire.
Cancellation
In the event of cancellation of any hire/service, by the Client or by any person or body representing the Client, or a service being deemed to have been cancelled by the Client through their failure to pay the charges for the hire/service within the period stipulated, we reserve the right to charge the client a cancellation fee as follows:
At least 7 days written notice is required for cancellation of any service (with exception to Weddings) – Failure to do so shall result in the full balance not being refunded.
At least 30 days written notice is required for cancellation of any service (with exception to Weddings) – Failure to do so shall result in the deposit not being refunded together with 25% of the remaining balance, being due.
At least 90 days written notice is required for cancellation of a wedding service. Failure to do so shall result in the full deposit not being refunded, together with 50% of the remaining balance, being due.
Please also refer to the below Clause in relation to Payment Terms
Deposit
A deposit is required to secure your booking. This will be 25% (non – refundable) of the full price. If your booking is offered on an advance purchase (prepaid basis) the full balance is payable at the time of booking. This will be non-refundable.
Payment Terms
Payment of the remaining cost of your booking shall be due 7 days before the date confirmed for your hire/service. Failure to pay this sum may result in your booking being cancelled by us. Please refer to our above Clause in relation to Cancellation charges.
Complaints/Disputes
We trust that you will have no cause to complain, but in the event of this being necessary, it must be done, in writing, as soon as possible and, in all events, within 3 days of the end of the hire.
Law and Jurisdiction:
This Agreement is governed by the laws of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts to settle any dispute or claim arising from this Agreement
