BOOKING TERMS AND CONDITIONS
We are HebHolidays Ltd, a limited company incorporated in Scotland trading as a Tour Operator and Private Hire company under the following brandnames: HebShuttle, HebTansfer and HebTours.
We are specialised tour organisers for cycle, walk and tour trips in the Outer Hebrides.
These terms and conditions, together with the terms set out in during your booking and any further terms and conditions notified to you by us prior to your entering into a contract with us, including any terms and conditions in our brochures or on our website which are relevant to your booking and any other terms which we both otherwise agree will be binding on HebHolidays and you once a contract is made between us.
A contract will exist between us once you have made your booking with us, paid your deposit (or such other fee as may be appropriate).
Our contract with you is also subject to any terms of the accommodations we have booked for you and travel on inter-island ferries operated by CalMac. You should read these terms and conditions carefully.
The contract between us will be governed by Scottish Law and any dispute will be resolved exclusively by the Scottish courts. Our Terms do not affect your statutory rights.
In the unlikely event of our insolvency, we will ensure that you are not stranded in the Outer Hebrides and will arrange to refund any money you have paid to us for an advance booking.
We, or the provider of your accommodations and transportation in the Outer Hebrides you have bought, will use reasonable skill and care to provide you with the services you have bought (or a suitable alternative). In some cases, where neither we nor the provider are able to do so for reasons of insolvency or for reasons we could not reasonably foresee or forestall, an alternative we may provide you with a reasonably suitable alternative (at no extra cost to you).
However, you also agree that in some cases it will not be possible to provide a reasonable suitable alternative, in which case you will be entitled to make a claim.
We provide financial protection for our package holidays as follows:
When you buy a tour package with us you receive a detailed itinerary. This lists the accommodation, ferry crossings timings and/or other services, where you can get information on what this means for you and who to contact if things go wrong.
In some cases, where we aren't able to provide you these services for reasons of insolvency, we may provide you with a suitable alternative (at no extra cost to you). However, you also agree that in some cases it will not be possible to provide a suitable alternative, in which case you will be entitled to make a claim.
Brochure and Website Content
We take reasonable care to ensure the accuracy of the information contained in our brochures and on our website. However, content is subject to change, often due to the actions of our providers (e.g. accommodations,, activity providers, ferry transportation etc). We will endeavour to notify you of any change known to us and affecting your holiday prior to issuing you with our booking confirmation and after that, as soon as we are notified by our providers. We are not responsible for the content, policies and services of any sites linked to or accessible via our website.
A 'package' is a pre-arranged combination of at least two of the following, booked by you through us at an inclusive price, and where the combination lasts for a period of more than 24 hours or involves overnight accommodation: (a) transport; (b) accommodation; (c) other services not ancillary to transport or accommodation and a significant part of the booking.
Where the arrangements which you make with us for your holiday do not amount to a 'package' (as defined above) our obligation is limited to using reasonable skill and care in selecting a suitable supplier for the component you have booked e.g. accommodation and your contract will be with the supplier and not us, who will act as an agent.
All packages are subject to availability. When you make a booking with us you are making an offer to us to buy some of our advertised services. We reserve the right to refuse to accept and/or not to proceed with any booking at any time in our sole discretion. Once the contract is made between us we will use reasonable skill and care to perform our obligations to you in accordance with our Terms & Conditions.
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 person in your party aged eighteen years or over will be treated by us as the 'lead name' for your booking. The lead name will be responsible for making all payments due to us in accordance with our contract.
Completion and submission by you of our Booking Form will be treated by us as confirmation that you have read, understood and accepted all our Terms & Conditions.
It is important that you accurately complete our booking form as all documents, notices and other information relating to your holiday will be sent to this address. It is your responsibility to ensure that the details which you supply to us are correct.
On enquiry level we will provide you with general information typically about doing the Hebridean Way road cycle trip or other bike trips in the Outer Hebrides. Depending on your requirements we will give you an estimated day price/total price (e.g. £65 per day, or £95 per day) Possible locations of the accommodations will be given as an indication as well as bike transfers and ferry crossing days and times.
At this point you will have a general verbal itinerary and an estimate price for the package. This information is free of charge.
If you wish to proceed for us to make the bookings a non-refundable deposit will be payable of 20%.
If the actual price is within 15% of the estimated price you will receive the invoice and detailed itinerary. This lists the accommodations, ferry crossing timings and/or other services like bike hire and bike transfers as well as any relevant information you require. The invoice balance owing must be paid to us no later than 7 days after receiving our invoice.
We will notify you in case the actual price is higher than 15% of the given estimated price. Details of the reason(s) will be shared with you. If you wish to cancel at this point you will be refunded your deposit.
In certain circumstances (depending on the nature of the booking) we will require a non-refundable deposit in excess of the usual 20%. On occasions, our suppliers require additional amounts up to full payment in advance. On these occasions we will require additional payment in advance. Unless you are making a late booking, the balance owing must be paid to us no later than 7 days after receiving our invoice. If we do not receive the balance by this time, then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges.
The prices quoted in our brochures, on our website or in our publicity and promotions may be changed from time to time. The price are correct at the time of publication. In the event of any change in our prices to those stated we will notify you prior to accepting your booking. All our prices are quoted in GBP £ Sterling.
We guarantee the price of your holiday stated in our booking confirmation. We may however pass on to you certain additional charges resulting from increased transportation costs (including the cost of fuel). We will not pass on any such charges occurring within 30 days of your scheduled date of departure nor which would result in an increase of less than 2% in the total cost of your holiday.
(b) Other holiday arrangements
We reserve the right to pass on any charges levied on us from time to time by our suppliers in respect of any other holiday arrangements made by us on your behalf:
• Tour guide/agent
• Transportation costs
The price payable by you for your holiday and what this price includes will be confirmed to you by us at the time of booking and set out in our booking confirmation.
(c) Group bookings and discounts
Some bookings or prices are dependent on the number of participants or occupants and if this applies to your holiday arrangements you will be notified by us at the time of booking. We reserve the right to make further charges where numbers fall below those required to qualify for the discount offered or price otherwise appropriate. We also reserve the right to cancel such a booking in the event that numbers fall below the required number at any time up to 30 days prior to your due date of departure.
3. Changes or Cancellation by You
Where you or any member of your party is prevented from travelling for any reason (including death, illness or jury service) we will transfer your booking to any other person satisfying all the requirements relating to your holiday notified to us by you in writing a reasonable time prior to your due date of departure.
(b) Other changes
If you wish to make any other change to your booking at any time after our booking confirmation has been issued, we will try but cannot promise to meet your request. On some occasions, if members of a group booking withdraw, there are fixed costs which mean the remaining travelling party must pay more per person. We require your authority in writing before we can make any change. In the event that any change is requested in relation to a group booking we require the authority in writing of the lead name before we can make the change.
(c) Administration fee
In each of the above circumstances, an administration charge will be payable of £30 per person where your request is received by us 60 days or more prior to your date of departure and £50 per person where the request is received less than 60 days prior to your date of departure. This charge is non-refundable. However, if an accommodation provider cannot be changed to another name then the full cost of that accommodation will be due.
(d) Treatment of changes by our suppliers
Many of our suppliers, do not permit us to change booking dates and impose full cancellation charges. We will pass these on to you in addition to our administration charge, where applicable.
If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require your authority in writing or (in the case of a group booking) the authority in writing of the lead name to do so.
Our cancellation charges will apply (see the table 'cancellation charges' below). These are calculated with reference to the date on which we receive your authority in writing. We will not refund to you any deposits, administration charges, or any other fees or charges made by us and paid by you relating to your holiday in the event of cancellation by you.
We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made to your departure date as we may not be able to resell your holiday without making significant price reductions, or at all.
We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your holiday.
3.3. Cancellation charges
Number of days left before your due date when your authority in writing is received by us. Cancellation charge (expressed as a percentage of the total holiday price)
60 days or more Deposit only
59 - 43 days 40 %
29 - 42 days 60 %
7 - 28 days 90 %
6 days or less 100 %
(b) Other holiday arrangements
We will try to tell you of any changes as soon as possible prior to your due departure date, although we are not obliged to do so. We are not obliged to compensate you. However, in the event that we are forced to cancel your holiday for any reason other than our insolvency or any circumstances beyond our reasonable control we will refund to you the full price paid by you for your holiday.
(c) Circumstances beyond our control
We will not pay compensation or accept any liability where any change is due to circumstances outside of our reasonable control, including (without limitation) any strikes, lock-outs or other industrial action; labour disputes; acts of God; war; riot; civil commotion; malicious damage; compliance with any law or governmental order, rule regulation or direction; impossibility of the use of any means of public or private transport or any action of any government or regulatory body; accident; break-down of plant and machinery; fire; flood or storm; other adverse weather conditions (including heavy rainfall, hail, snow, fog or frost) affecting any airport, port or any other transport link, embarkation or disembarkation point and their operation; flight delays; other matters affecting air traffic control (including failure of equipment, systems and software); siege; acts of terrorism; police or security alerts or precautionary measures taken.
5. Our Liability to You
i. We will take reasonable skill and care in performing our contractual obligations and if we or our suppliers fail to use reasonable skill and care or are negligent and you are able to prove we have caused you loss or damage, we may, subject to these Terms & Conditions, accept responsibility for compensating you.
ii. If you feel that any part of your holiday arrangements is not provided as promised, you must, as soon as possible, notify our supplier and either ourselves as soon as possible. You must provide us with details in writing at the earliest opportunity.
iii. Where, as a result of our failure to properly perform our obligations, we have failed to provide you with a significant proportion of the services which you have contracted with us to provide, if you are still on holiday through us we will (where possible and appropriate to the circumstances), endeavour to organise suitable alternative arrangements at no extra cost to you and may pay you an amount in compensation. Where, as a result of our improper performance, we have failed to provide you with a significant proportion of the services which you have contracted with us to provide and suitable alternative arrangements are not available or are unacceptable to you for good reasons then (where appropriate) we will make arrangements for you (and where other members of your party are affected, those members of your party) to return to your place of departure at no extra cost to you. In all other cases (i.e. where we have not failed to provide you with a significant proportion of the services which you have contracted with us to provide) our obligation following your notification to us is to investigate matters and (where appropriate) make prompt efforts to find appropriate solutions.
iv. Our liability in all cases shall be limited to a maximum of the total cost of your holiday (including deposits and administration charges). We do not accept responsibility for the acts and/or omissions of any third parties with whom you may have made any bookings or arrangements direct.
v. None of the provisions of this paragraph 5(a) shall have the effect of excluding or limiting our liability in respect of any personal injury or death of you or any member of your party during your holiday directly resulting from our own acts or omissions or the negligent acts or omissions of our employees, agents or suppliers whilst acting within our authority or instructions in the performance of our contractual obligations to you. We do not accept any responsibility for death, injury or illness caused by any act or omission whether of any third parties acting outside of our authority, instructions or control or with whom you may have made any bookings or arrangements direct or any cause which we could not reasonably prevent.
vi. We are not liable to you where our failure or the improper performance of any of our obligations to you is due to:
• any fault or failure of you or of any member of your party
• any fault or failure of any third party unconnected with us and the provision of the services for which you have contracted with us to provide which are unforeseeable or unavoidable
• circumstances beyond our or beyond our suppliers' reasonable control (which circumstances are without limitation described in paragraph 4(c)) although we will endeavour following notification to us to provide you with our prompt assistance where our failure or improper performance results from circumstances not due to any fault or failure of you or any member of your party.
vii. In respect of travel by air, sea and rail and the provision of accommodation, our liability is additionally limited in the manner provided by the relevant International Conventions which you agree are incorporated into these Terms & Conditions.
viii. You should note that any acceptance of liability on our part is subject in all cases to set off or reduction of the amount of any claim made against us to take into account any amount paid to you or any member of your party at any time arising from the same cause or circumstances by any of our suppliers or pursuant to a policy of insurance.
ix. Our suppliers and our local representatives are instructed not to act as our agents in booking any alternative activities other than those approved and offered by us and which you have purchased directly from us. Any assistance they may offer at your request in relation to such activities does not imply they have acted as our agent or with our authority or approval. We are not responsible for such activities and have no liability to you in respect of any of them.
(b) Special requirements
If you have any special requirements (dietary or otherwise) you must inform us of these at the time of booking so that we can pass these onto our suppliers. We cannot guarantee that your requirements will be met, however, and we are not liable to you in the event that your wishes are not met.
6. Your Responsibility
(a) You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your holiday or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any supplier refuses you or any member of your party as a result of any medical condition or disability.
(b) You are responsible for your behaviour and that of your party. We and our suppliers reserve the right to refuse your booking or remove you and/or any member of your party from any of our transports or booked accommodation or any part of holiday if you or any member of your party is drunk or under the influence of drink or drugs; if you are or we reasonably believe that you are in unlawful possession of drugs; or are behaving violently, disruptively, dangerously or irresponsibly or in any manner whatsoever which presents a risk to others or is causing a nuisance or annoyance to others. No refund will be given, or compensation paid, and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You may also become the subject of police inquiry or security measures or investigation and liable in the event that any offence is committed to criminal prosecution and penalties. You must fully cooperate with and follow any safety procedures and instructions given by any organisation which is running the activities which you do while on holiday. It is possible that such organisations will require you to sign a waiver form in respect of the activity being carried out.
(c) Despite our best endeavours to ensure your holiday runs as smoothly as possible, problems can occur. If you do experience difficulties that cannot be dealt with at the time by the accommodation, then please contact (where applicable) us on 07796 525 343. Please remember that we will be unable to help if you only mention the issue on your return from holiday. If you have a medical emergency, you must notify your travel insurance providers on their 24-hour emergency telephone number (which should be visible on the cover note). If you cannot make contact, please ring us and we will attempt to reach them.
(d) Our trips take place in the Outer Hebrides where local conditions are typical Atlantic island related. We will do our best to ensure that the holiday goes according to plan, we ask that those who travel with us do so with a spirit of adventure, in a positive frame of mind, and in good humour.
7. Dealing with Complaints
If you have a problem during your holiday, please immediately inform the relevant supplier whose service is involved (e.g. your accommodation provider) and us, who will endeavour to put things right. It is unreasonable and in breach of your contractual obligations to us to take no action whilst on holiday, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to HebHolidays Ltd in writing to arrive within 28 days of your return giving all relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our us without delay and complete a report form while on holiday. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and this may affect your rights under this contract resulting in reduced or no compensation if any was merited.
You must be fully insured for your holiday and must make sure that all of the activities which you will be carrying out are covered by such insurance. This insurance must include adequate cancellation insurance to the value of your holiday, emergency evacuation and repatriation costs in respect of all of your activities.