TERMS & CONDITIONS

These Terms and Conditions apply to the Reservation (defined below) you may decide to make with us. We are The Native Agency Limited Stirling&Stirling. We are a company registered in Scotland (Registered Company Number 201383). Our registered office address is Arbikie, Inverkeilor, Arbroath, Scotland, DD11 4UZ (“we”/”us”/”our”). In order to make a Reservation we expect you (defined below) to read through these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, You may not make a Reservation.

1. DEFINITIONS

Certain words used in the Terms and Conditions have the following meanings:

"Conditions"    means these Terms and Conditions;

"Deposit"  means £500 or 50% (whichever is the greater) of the Price per person;

"Itinerary"  means a personalised schedule produced by us for you (whether such schedule derives from a sample itinerary or is bespoke), containing a Package based on your requirements;

"Package"  means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and which service covers a period of more than 24 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;

"Personal Information"  means information provided by you on creating an Itinerary or making a Reservation to include your name, address, contact details and payment details;

"Price"  means the total price paid per person for the Itinerary;

"Reservation"  means the securing of the Itinerary, made when the Itinerary and Conditions are returned to us signed, along with the Deposit paid within 5 days of receiving your finalised Itinerary;

"Service Provider"  means any other party other than us, who provides services for the Itinerary including, but not limited to accommodation, transport and golf passes;

"Departure Date"  means the date upon which the Itinerary commences;

"You/your"  means the person(s) making the reservation.

2. YOUR ITINERARY

2.1   Your Itinerary will contain details of the following:

2.1.1   Your travel destination and/or destinations together with details of dates and relevant periods of stay.

2.1.2   The location of accommodation; its tourist category or degree of comfort; its main features and the accommodation's compliance with the rules of the United Kingdom, if appropriate. Please note that if the accommodation is in any other member state of the European Community, the Itinerary will state that the accommodation will comply with the compliance rules of that particular member state. All quotations are made based on rooms with private bath/shower at the hotels requested. Once Your Reservation is made, and any accommodation in the Itinerary shown as subject to availability before the Reservation is made has been confirmed, no changes will be made without consultation and agreement with us. Upgraded rooms are available for a supplementary charge in most hotels (subject to availability).

2.1.3   Details of any meals.

2.1.4   Minimum number of persons required for the Itinerary to take place.

2.1.5   Details of any visits, excursions or other services which are included in the Price.

2.1.6   Our contact details and the details of any Service Provider.

2.1.7   The Price together with the payment schedule.

2.1.8   Details of any special requirements which you have expressed to us and which have been accepted by us and the relevant Service Provider.

2.1.9   Visa and Passport Information which apply to nationals of the European Community, including information about the length of time it is likely to take to obtain the appropriate passports and visas. We shall also endeavour to include any Visa and Passport information for nationals outwith the European Community.

2.1.10   Health Information, including details of any inoculations you may require for your destination.

2.1.11   Where applicable to UK residents making a Reservation, security arrangements for the security for the money paid over (and where applicable) for repatriation of you in the event of insolvency.

3.  PAYMENT AND AMENDMENT

3.1   Full payment of the Itinerary is due at least 60 days before the Departure Date.

3.2   An administration fee will be charged for any amendments made by you to the Itinerary after the Reservation is made. All amendments are subject to availability and may incur extra charges.

3.3   Golf course fees and prepayments, along with certain other deposits are non-refundable at any time. This will be detailed on your Itinerary.

4.  PRICE

4.1   We will endeavour to keep the Price as detailed on your Itinerary at the time of Reservation, however the Price is subject to change (whether increase or decrease) due to variations in the following:

(i) transport costs, including fuel costs;
(ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; and/or
(iii) applicable exchange rates.

4.2   Price increases will be made only up to 30 days before the Departure Date.

4.3   No Price increase will be made in respect of variations which result in an increase less than 2% of the Price.

5.  CANCELLATIONS

5.1   In the event that you wish to cancel the Reservation, you must forward written notice of cancellation to us as soon as possible at the address noted above or by email to [insert email address]. Cancellation fees will be charged to you to cover non-refundable charges incurred by us in making your Reservation, including administrative costs, as follows:

5.1.1.   60 days or more prior to Departure Date – full deposit

5.1.2.   60 – 31 days prior to Departure Date – 50% of Price;

5.1.3.   30 – 15 days prior to Departure Date – 75% of Price; and

5.1.4.   14 days or less prior to Departure Date – no refund.

5.2   In the event we cancel a Reservation, subject to Clause 6 below, the Deposit and any other payments made by you to us will be refunded in full.

5.3   Where we have to cancel an Itinerary prior to Departure Date, we will endeavour where possible to:

5.3.1   provide an alternative Itinerary of equivalent or superior quality; or

5.3.2   provide an alternative Itinerary of lower quality and pay you the difference between your Itinerary and the substitute Itinerary. Failing which, you will be entitled to a full refund.

5.4   Where we fail to provide the Itinerary, you are entitled to cancel and be refunded any Price paid except: (i) where the number of persons who agree to attend the Itinerary is less than the minimum number required and where you are informed of the cancellation, in writing at least 60 days prior to the Departure Date; (ii) where the Itinerary is cancelled by reason of Force Majeure.

5.5   Where it becomes apparent after Departure Date that a significant proportion of the Itinerary contracted for is not or cannot be provided, we will use our reasonable endeavours to make suitable alternative arrangements, at no extra cost to you, for the continuation of the Itinerary and will, where appropriate, compensate you for the difference between the Itinerary to be supplied under the Reservation and those supplied. In the event that it is impossible to make such arrangements or if you do not accept the alternative arrangements for good reasons, we will, where appropriate, provide you with equivalent transport back to the place where the Itinerary began or to another place to which you have agreed and will, where appropriate, compensate you.

6.  EXTRAORDINARY CIRCUMSTANCES LEADING TO THE DELAY OF TRAVEL

6.1   If it is impossible to travel to the UK i.e. air travel has been suspended; or, if there is a code red type warning in the UK i.e. a credible and imminent threat of a terrorist attack on the United Kingdom 5 days or less prior to the Departure Date, the following terms will apply:

6.1.1   We will use reasonable endeavours to re-schedule the Itinerary subject to availability for a later date that year;

6.1.2   We will use reasonable endeavours to re-schedule the Itinerary into the following year with an additional charge of 15%.

Any change in a Reservations resulting from a move from Low to High season will be subject to the appropriate rate changes. This cost will be added to the original Price and invoiced to you at the point of change.

7.  TRANSFER OF BOOKINGS

7.1   Where you are prevented from proceeding with the Package, You may transfer the Package to another person (“transferee”) who satisfies all the conditions applicable to the Package, subject to you providing reasonable notice to us prior to the commencement of the Package. Please note that you and the transferee shall be jointly and severally liable to us for payment of the balance Price and for any additional costs arising from such transfer.

8.  PACKAGE DOCUMENTS

8.1   Approximately 3 weeks prior to the Departure Date you will receive your personalised information pack containing all relevant documentation. This will include details about the transport provided (including times and places of immediate stops and transport connections if relevant); and accommodation e.g. Classic room at Mar Hall. The information pack will also include the name, address and telephone number of our representative in the area of your stay.

9.   UNUSED TOUR SERVICES

9.1   No refunds are given for partly used or unused services included in the Itinerary, any hotel accommodation, meals, golf, entry tickets, nor any other service not used due to flight delays, schedule changes or for any other reason, other than those stated in these Conditions.

10.   CHANGE OF ESSENTIAL TERMS

10.1   We notify you as soon as possible of any change to these Conditions that may affect your Itinerary or Reservation. Any amendment by us will specify the changes made and how these have impacted on the Price. Where you receive such a notification from us, you may decide to withdraw from the Conditions by cancelling your Itinerary or Reservation and must notify us in writing of your decision within 5 working days of the date of our notification.

11.   GOLF HANDICAP CERTIFICATE

11.1   If you are participating in golf you must carry a current Handicap Certificate and a general Letter of Introduction from your home club, unless wavered by prior arrangement with us. Golf Play can be denied on failure to produce this to the starter at many British golf courses. Your Itinerary will detail the Handicap limit applicable to you for play during your tour (based on the course with the lowest Handicap requirement).

12.   TRAVEL INSURANCE

12.1   We strongly recommend any persons wishing to travel, arrange suitable travel Insurance independently. A number of other companies offering good cover can be found on the Internet.

13.   LIABILITY

13.1   We are liable to you for the proper performance of the obligations contained in the Itinerary, and Conditions irrespective of whether such obligations are to be performed by us or another Service Provider. However, this shall not affect any remedy or right of action which we have against those Service Providers.

13.2   We are liable to you for any damage caused to you by the failure to perform or improper performance of any of our obligations under the Itinerary or Conditions except where failure or improper performance is attributable to (a) you; (b) a third party unconnected with the Itinerary, which are unforeseeable or unavoidable; or (c) unusual and unforeseeable circumstances being beyond our control, the consequence of which could not have been avoided, foreseen or forestalled, even if all due care had been exercised.

13.3   Any liability arising from the non-performance or improper performance of the Itinerary and/or Conditions, except that of Personal Injury or Death, will be limited to £1,000,000.

13.4   In the event you feel that any of the Package is not being supplied in accordance with the Itinerary or Conditions you must, at your earliest opportunity, communicate this failure in writing to us at the above address.

14.   FORCE MAJEURE

14.1   If we or any of our Service Providers are prevented or delayed in the performance of our obligations under the Conditions arising from or attributable to acts, events, omissions or circumstances beyond our control, including but not limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion or civil authority including acts of local government and parliamentary authority; breakdown of equipment; telecommunication failures; epidemic; war; terrorism; extreme adverse weather conditions; and labour disputes of whatever nature and for whatever cause arising including, but not limited to, work to rule, overtime, strikes and lockouts, then we will notify you of the circumstance and will be excused from the performance or the punctual performance as the case may be from the date of notice we provide you with for so long as such cause of prevention or delay continues.

15.   VALUE ADDED TAX (United Kingdom Government Tax)

15.1   The current rate of 20% is included in all Packages but is subject to change, if necessitated by Government Ruling without prior notification.

16.   METHOD OF PAYMENT

16.1   Payment of the Deposit can be made either by Visa, MasterCard, bank draft or direct into our bank account (account details available on request). Payment will be made in Pounds Sterling.

16.2   The final balance of the Price may be paid by a cheque drawn on a UK bank, Bank draft or by direct bank transfer. Visa or Mastercard will be accepted but will attract a 2% Credit Card commission charge.

17.   DATA PROTECTION

17.1   You shall consent and shall procure the party's on whose behalf You are making the Reservation, consent to his/her details being used for the purpose of the Itinerary as may be required under the Data Protection Act 1988 (as the same may be amended or re-enacted from time to time). We may use the main address of you in relation to the Itinerary and the organisation of the Itinerary.

17.2   We undertake that we will not disclose any Personal Information belonging to you without your prior written consent. We will hold all information about you securely, in accordance with our internal security policy and with UK law. We will hold information about your transactions with us for administrative and legal reasons, and will not disclose such information to any third party except as expressly set out hereunder or as required by UK law, or for the purposes of UK statutory audit.

17.3   We will hold Personal Information about you, including your name, address, phone number, email address, details of Packages you have bought, transaction information (the numbers, amounts and times of payment you have made to us), and billing address details.

17.4   We confirm that any Personal Information which you provide to us shall be used to organise and arrange the Itinerary in accordance with your instructions.

17.5   You shall allow us to obtain information about you from third parties from time to time including but not limited to your debit or credit card number or credit reports to authenticate your identity, to validate your debit or credit card, to obtain debit or credit card authorisation and to authorise transactions. This information will not be made available to third parties for credit assessment purposes.

18.    GENERAL

18.1   These Conditions shall be binding upon the parties and shall not be capable of novation, assignation or other transfer by you without our prior written consent.

18.2   If any part of these Conditions no longer applies or is not legally enforceable, then that part will be severed from the rest of the agreement and the rest will continue to apply.

18.3 If you would like to send us a notice, or we want to send one to you, this will be done in writing. Written notices can be delivered by hand, email (other than, if you are sending a notice to us for the purpose of legal process including notice of cancellation), by fax or by pre-paid post, to you at the address you supplied to us or to us at our registered office.

19.   GOVERNING LAW

These Conditions are governed by and construed in accordance with Scots Law. In the event of a dispute arising between you and us, we and you irrevocably agree to submit to the exclusive jurisdiction of the Scottish courts over any claim or matter arising under or in connection with these Conditions or the legal relationship established by these Conditions.