HIGHLAND EXPLORER LTD: TERMS AND CONDITIONS

  1. GENERAL

1.1  These terms and conditions, together with any other written information brought to your attention before we confirm your booking, shall form the basis of your contract with Highland Explorer Ltd (a company incorporated in Scotland No: SC698415). Please read these terms and conditions carefully and contact us if you have any queries. ‘We’ or ‘Us’ refers to the company Highland Explorer Ltd.

1.2  Within these conditions, ‘You’ and ‘Your’ means the client making the booking. This can be direct bookings from an independent traveller (lead client), or a booking through a licenced Destination Management Company (DMC) or travel agency. When making a booking, the client responsible for the booking will be deemed to have accepted these conditions on behalf of all passengers named within the booking. All bookings will only be confirmed when made in writing and this includes by e mail.

1.3  We will make every effort to ensure that the information and prices in any of our marketing materials and on our website are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You should check the current price and all other details relating to the arrangements that you wish to book before your booking request is made. All services (Tours) and products (Self-Guided Tours E Packs), are sold subject to availability.

  1. BOOKING, INVOICING AND PAYMENT PROCESS

DIRECT BOOKINGS – for tours or self-guided e-packs can be made either through the website and by e mail, over the phone or in person. The booking process for our various services is explained below:

2.1  You may place an order to purchase a service or product advertised on our website by following the on-screen prompts, after clicking on the item that you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the ‘Place Order’ button on the checkout page.

2.2  Any order placed by you is subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.

2.3  After submitting an order to us, you will be sent an acknowledgement e mail with your order reference and details of the service or product that you have ordered. It is at this point that our contract is established. If you wish to cancel a service (Tour or Transportation), you may do so according to the cancellation policy below.

2.4  All prices on the site are clearly displayed in £ sterling and inclusive of VAT (if applicable). Prices may change at any time but not after acceptance of your order and we cannot accept your order until you have paid it in full.

2.5  In the unlikely event that the price of a service has been incorrectly advertised on our site, we will contact you by e mail or by phone, to ask whether you wish to proceed with the order at the current price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order.

2.6  Bookings for transportation and Tours can be made by e mail, by phone and in person. Once a request has been made by a client, we will respond with our availability and with the cost of the service. Once a client accepts this in writing, we will issue an invoice for the service which will include VAT (if applicable).

2.7  All tours or transportation must be paid in full 72 hours or more before the travel date. Once full payment is received for the service, this is the point at which a contract between us is established.

 

 

NON DIRECT BOOKINGS – for tours, transportation or self-guided e-packs via third parties

2.8  Highland Explorer Ltd receive bookings from many sources including DMCs, travel companies and online booking portals e.g. Viator, Tripadvisor etc. In these cases, the clients will be subject to the Terms and Conditions of the third party, which takes precedence over our own Terms and Conditions.

  1. CHANGES BY US

3.1  In the unlikely event that we are required to significantly alter a material part of the service, we will notify you of this as quickly as possible in order to enable you to decide how you wish to proceed. In such event you will be entitled:

  1. To take an alternative tour of equivalent or superior quality, if we are able to offer that, or
  2. To take a substitute tour of lower quality if we are able to offer that (in which event the difference in price between the original and the substitute tour will be refunded to you); or
  3. To cancel your booking and obtain a full refund of all monies paid by you less any transactional fees incurred by us.

3.2  Please be aware that the nature of travel involves risks and unpredictable weather and road conditions and we cannot, therefore, guarantee that a tour can be conducted exactly as planned.

  1. CHANGES BY YOU

4.1  If you wish to change any part of your confirmed booking, you should inform us in writing as soon as possible. This should be done by the lead client named on the booking. Whilst we will do our best to assist you, we cannot guarantee that we will be able to meet your request.

4.2  Where we agree a change request made by you, any changes made may be subject to an administration fee. In addition, you may also be required to meet any extra costs incurred by us. Where we are unable to meet your change request and you no longer wish to travel on the basis of the original booking, this will be treated as a cancellation of your booking and cancellation charges may be payable by you, as outlined in these terms.

  1. CANCELLATION POLICY

5.1  Cancellation policy for non-direct bookings

All clients booking via third party sources will be subject to their cancellation policies.

5.2  Cancellation for direct bookings

The cancellation policy if clients have booked directly with us and paid for our services are as follows:

  1. Transport – more than 72 hours full refund – less than 72 hours, no refund.
  2. Tours – more than 72 hours full refund – less than 72 hours, no refund.
  3. Multi-Day Tours – more than 7 days full refund, less than 7 days no refund.
  4. CANCELLATION DUE TO COVID

6.1  In the event that either we or the client needs to cancel a booking, due to covid safety measures imposed by either country of origin or in the UK and Scotland, then clients will have a choice as follows:

  1. To accept a full refund of all costs paid to Highland Explorer Ltd (less any transactional fees) OR:
  2. To keep the booking for a further one year from the original booking date.
  3. FORCE MAJEURE

7.1  Unless expressly stated otherwise in these terms and conditions, we will not accept any liability to you if we are prevented from fulfilling our contractual obligations to you as a result of any event which is out with our control (and/or out with the control of our partners for the service in question). Such events may include (but are not limited to) war or threat of war; terrorist activity or the threat of terrorist activity; civil commotion or riot; any action taken by a governmental or public authority; industrial disputes; collapse of buildings, fire, explosion or accident; traffic or road conditions or road closures; technical or mechanical breakdown; adverse weather conditions; natural disasters and all similar events or circumstances.

  1. SECURITY AND PERSONAL DATA

8.1  We understand that you may have concerns about security on the internet. Our site uses a secure server in our online ordering process, to protect your personal information.

8.2  When you proceed to ‘checkout’, before being prompted to complete your billing details, data relating to your order and your personal and payment card details will pass to our server in an encrypted format.

8.3  We recommend that you do not communicate your payment card details to anyone, including us, by e mail. We cannot be held responsible for any losses you may incur in transmitting information to us by internet link or by e mail. Any such loss will be your responsibility.

8.4  When processing your enquiries and bookings, we need to collect various personal information. This is protected by the UK’s General Data Protection Regulations, otherwise known as UK GDPR under the Data Protection Act of 2018. We will only use your personal information in accordance with our Privacy and Cookie policy.

OUR LIABILITY

9.1  We promise to ensure that our Tour arrangements are planned and conducted safely and professionally. We will accept responsibility for death or personal injury to any of our clients, should we be negligent and at fault. We will also accept responsibility for loss or damage to guests’ baggage and/or possessions when in our care, should we be negligent and at fault.

9.2  Please note that it is your responsibility to show that reasonable care and skill has not been provided, if you wish to press a claim against us.

9.3  We will not be held responsible for any death, injury, illness or damage/loss to baggage/possessions for any of the following circumstances:

  1. Your careless acts or omissions.
  2. Careless acts or omissions of a third party not connected with the provision of your tour and which were unforeseeable or unavoidable.
  3. Force Majeure as defined in paragraph 7 above.

9.4  You and we agree that Scottish Law applies to these Trading Terms and any dispute between us, will be dealt with by the Scottish Courts.

  1. DISABILITIES AND MEDICAL PROBLEMS

10.1  We will try to accommodate disabilities and medical problems where we can but please be aware that many of our tours may not be suitable for those with mobility problems. If you or any member of your party has any disability or medical problem which may affect their ability to travel on one of our Tours, then please provide us with full details at the time of making your booking enquiry, so that we can advise you as to the suitability of your chosen arrangements. If we are not informed of any disabilities or medical problems in this way, then we cannot be held responsible for any cost or inconvenience incurred if we are unable to accommodate you or any member of your party.

  1. CHILDREN

11.1  Any children up to the age of 15, booked on to any of our Tours, must be accompanied by an adult. We provide basic child seats for small children but we would advise that clients with small children bring their own child seats, fitted to the size of their child. Please enquire about this at the time of booking.

Please note: Due to the nature of our small group tours we are not able to offer discounts for children.

  1. LUGGAGE

12.1  Our vehicles have plenty of boot capacity for luggage. However, groups with excess luggage and/or large golf travel bags, should inform us at the time of booking, so that we can make arrangements to carry the additional load.

  1. SMOKING AND EATING IN VEHICLES

13.1  Smoking or eating in any of our vehicles is not permitted.

  1. TRAVEL INSURANCE

14.1  We strongly recommend that all clients arrange suitable travel and medical insurance, to protect themselves while on holiday in Scotland.

  1. CONTACT DETAILS

15.1  Highland Explorer Ltd can be contacted as follows:

  1. By Post: 47 High Street, Invergordon IV18 0DG
  2. By E Mail: ak@highland-explorer.com
  3. By Phone: 07527 520575