Terms and Conditions of Service

Highland Tour Company

Version 1.6

  1. Definitions
    1. Highland Tour Company refers to Highland Tour Company.
    2. Client refers to the person making the booking and all members of their party.
    3. Tour refers to the services agreed in writing between the client and Highland Tour Company.
    4. Start date refers to the first day of the tour as confirmed in writing.
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  2. Booking and contract
    1. A booking is confirmed once a deposit has been received and written confirmation has been issued by Highland Tour Company.
    2. Upon confirmation, a binding contract exists between the client and Highland Tour Company, subject to these Terms and Conditions.
    3. The person making the booking confirms they have authority to accept these Terms and Conditions on behalf of all members of their party.
    4. Where Highland Tour Company’s booking process requires the client to tick a box to accept these Terms and Conditions, doing so has the same effect as a signature and confirms that the client has read and understood these Terms and Conditions in full, including the provisions on liability and client responsibility set out in clauses 12 and 13.
    5. As tours are for services to be performed on specific agreed dates, statutory cancellation rights of the kind that apply to some distance or online purchases do not apply to a confirmed booking, and cancellation is instead governed by clause 6 below.
  3. Deposits and client money
    1. A deposit is required to secure all tours. The deposit amount will be confirmed at the time of booking.
    2. Deposits are held in a separate business bank account and are not used for general business expenses.
    3. Payment of a deposit confirms acceptance of these Terms and Conditions, including the acknowledgement of risk set out in clause 18.
  4. Balance payments
    1. The remaining balance is payable by the date agreed in writing, usually no later than 14 days prior to the tour start date unless otherwise stated.
    2. For longer lead time bookings, Highland Tour Company may agree to staged or monthly payments.
    3. Any flexible payment arrangements are offered at Highland Tour Company’s discretion and do not alter these Terms and Conditions.
    4. If the balance is not received by the due date, Highland Tour Company may treat the booking as cancelled by the client under clause 6, or may cancel the booking and retain the deposit, at its discretion.
  5. Pricing
    1. All prices are confirmed in writing and are based on the itinerary agreed at the time of booking.
    2. Prices may include third party services such as ferries, attraction entry or tours where specified, but do not include accommodation, which is arranged directly between the client and the accommodation provider as set out in clause 10.
    3. Unless stated otherwise, meals and personal expenses are not included.
  6. Cancellations by the client
    1. If a booking is cancelled by the client, Highland Tour Company will endeavour to recoup all costs and refund as much as possible.
    2. Any refund will be subject to an administration fee and the deduction of any non recoverable costs already incurred.
    3. The administration fee applied will depend on when the cancellation is received, reflecting the level of planning, itinerary design, supplier coordination and administration already undertaken.
    4. Cancellations closer to the tour start date will incur a higher administration fee due to increased confirmed arrangements and reduced recovery options.
    5. Refunds are dependent on the cancellation terms of third party suppliers, some of whom may operate non-refundable policies.
    6. Each cancellation is assessed on a case-by-case basis and Highland Tour Company will always aim to minimise losses for the client wherever reasonably possible.
  7. Changes by the client
    1. Requests to change an itinerary after confirmation are subject to availability and may incur additional costs.
    2. Significant changes may require a revised price and updated confirmation.
  8. Changes to itinerary by Highland Tour Company
    1. Minor changes to the itinerary may be required due to weather, road conditions, attraction availability or circumstances beyond our control.
    2. Such changes do not constitute grounds for a refund.
    3. Where significant changes are required, suitable alternatives will be discussed with the client wherever possible.
  9. Cancellations by Highland Tour Company
    1. In the unlikely event that Highland Tour Company is unable to deliver the tour due to illness, vehicle breakdown or circumstances beyond reasonable control, Highland Tour Company will refund any payments made that cannot be delivered.
    2. Assistance with alternative arrangements will be offered where possible.
    3. Highland Tour Company cannot be held responsible for costs incurred with third party suppliers.
  10. Third party suppliers
    1. Accommodation is recommended only and is booked and paid for directly by the client with the accommodation provider, and Highland Tour Company is not a party to that contract. Ferries, attractions, distilleries and other third party services are subject to the terms and conditions of those suppliers.
    2. Where Highland Tour Company books or pays for a third party service on the client’s behalf, such as entrance fees or restaurant reservations, it does so as agent for the client and cannot override supplier policies.
    3. Highland Tour Company does not book, hold or take payment for client accommodation, and does not combine accommodation with guiding services for a single inclusive price.
  11. Insurance
    1. Clients are strongly advised to take out comprehensive travel insurance covering cancellation, curtailment, medical expenses and personal belongings.
    2. Clients should ensure that their travel insurance provides adequate cover for personal accident and injury, including injury arising during any activity undertaken as part of the tour, and are encouraged to confirm the extent of this cover before the tour start date.
  12. Liability
    1. Highland Tour Company holds appropriate Public Liability and Professional Indemnity Insurance.
    2. Highland Tour Company is not liable for loss, damage, injury, delay or inconvenience caused by factors outside reasonable control, including weather, road conditions, industrial action, mechanical failure or actions of third parties.
    3. Many activities included within a tour, such as walking on uneven, wet or historic ground, hillsides and coastal paths, and visits to castles, distilleries and other attractions, carry an inherent degree of risk. Clients take part in all such activities entirely at their own risk, and Highland Tour Company cannot be held liable for injury arising from these inherent risks, from a client’s own footing, fitness or medical condition, or from a client’s failure to follow guidance or instructions given during the tour.
    4. Nothing in these Terms and Conditions excludes or limits Highland Tour Company’s liability for death or personal injury caused by its own negligence, or for any other liability that cannot lawfully be excluded or limited.
  13. Client responsibility
    1. Clients are responsible for ensuring they are physically able to take part in planned activities.
    2. Clients must follow instructions given by Highland Tour Company at all times for safety reasons.
    3. Clients must inform Highland Tour Company in advance of any medical condition, injury, mobility limitation or other circumstance that may affect their ability to safely take part in any activity, so that suitable arrangements or alternatives can be considered.
    4. Clients should wear footwear and clothing suitable for the activity and the prevailing weather conditions, exercise reasonable care and their own judgement at all times, and are free to decline any activity they do not feel able to complete safely.
  14. Behaviour
    1. Highland Tour Company reserves the right to terminate a tour without refund if a client’s behaviour is unsafe, disruptive or abusive.
    2. Where a tour is terminated under this clause, any additional cost of the client’s return travel is the client’s responsibility.
  15. Complaints
    1. Any issues should be raised at the time of the tour wherever possible to allow resolution.
    2. Complaints raised after the tour should be submitted in writing within a reasonable time.
  16. Governing law
    1. These Terms and Conditions are governed by Scottish law and subject to the jurisdiction of the Scottish courts.
    2. The client agrees to submit to the exclusive jurisdiction of the Scottish courts for any dispute arising out of or connected with these Terms and Conditions or a tour, and agrees not to bring proceedings in any other country.
  17. Data protection
    1. Any medical, mobility or other personal information disclosed under clause 13 is used only to plan and deliver the tour safely, is kept confidential, and is handled in accordance with Highland Tour Company’s privacy policy.
  18. Acknowledgement of risk
    1. Many of the activities included in a tour, such as walking on uneven, wet or historic ground, hillsides and coastal paths, and visits to castles, distilleries and other attractions, carry an inherent degree of risk that cannot be entirely removed even with reasonable care, and weather, ground conditions and the physical demands of a particular day can vary, as described further in clause 12.3. Travel by road during a tour is covered separately by the insurance required for the vehicle used, and nothing in this clause affects any right the client may have under that insurance.
    2. The client is asked to disclose, and to ensure that every member of their party discloses, any medical condition, injury, mobility limitation or other circumstance that may affect their ability to take part safely in any activity, in line with clause 13.3, so that arrangements or alternatives can be considered.
    3. By making payment of the deposit or the balance, the client confirms, on behalf of every member of their party, that they have read and understood this clause and clauses 12 and 13, that any relevant medical or mobility information has been disclosed, and that they take part in the tour entirely at their own risk in respect of the inherent risks described above, without affecting Highland Tour Company’s responsibility for death or personal injury caused by its own negligence, or any other liability that cannot lawfully be limited or excluded, as set out in clause 12.4.
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