TERMS AND CONDITIONS
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 Macfarlane Travel Ltd (a company incorporated in Scotland, No: SC629292). Please read these terms and conditions carefully and contact us if you have any queries.
1.1 Macfarlane Travel Ltd is a registered office located at International House 38 Thistle Street, Edinburgh EH2 1EN
1.2 Within these Terms and Conditions certain phrases are used and, for the avoidance of doubt, this is what they mean:
“Accommodation Provider” means the provider of any accommodation that is part of your Booking;
“Booking” or “Book” means a booking for a product supplied by Macfarlane Travel Ltd;
“E-mail” means, unless the context otherwise requires, using this e-mail address: firstname.lastname@example.org;
“Force Majeure” means circumstances that are unforeseeable or beyond the reasonable control of Macfarlane Travel Ltd or the Supplier, including but not limited to war, threat of war, riot, industrial dispute or action, port closure, terrorism or the threat of terrorism, natural or nuclear disaster, fire, flood and other extreme weather conditions, epidemics and pandemics, or unavoidable technical problems with transport;
“Party Leader” means the person who makes the Booking whether on his/her own behalf or on behalf of a party;
“Product” or “Tour” means a one-day tour, multi-day tour, private tour or tourism service that is made available to consumers by Macfarlane Travel Ltd;
“Supplier” means the third party provider of the Product or Tour;
“Significant Alteration” means any of the following:
a change to your Tour departure date of 24 hours or more;
a material increase in the Total Price of your Tour;
“Tour Confirmation/Voucher” means an information sheet provided by us to you which confirms the terms of an individual Booking and contains the voucher required for pre-paid services and/or travel;
“Total Price” means the total charges (including any applicable taxes) payable to us for the Product or Tour that is the subject of your Booking;
“us”, “we” & “Company” means Macfarlane Travel Ltd;
“VAT” means value added tax;
“Macfarlane Travel Channels” means the Website, Telephone reservation service and any other sales channels that we operate in order to facilitate the matching of booking enquiries and Tours;
“Website” means the website accessible at www.macfarlanetravel.co.uk; and
“you” or “your” means the Party Leader.
2.1 We are not solely a transport, tour, event, accommodation or attraction provider. We also act as an agent for Suppliers who will provide these Products to you. These Suppliers will have their own Terms and Conditions and will be disclosed on your Tour Confirmation/Voucher. You should obtain and read the applicable Supplier’s Terms and Conditions as they may impose further conditions on this Booking.
When making your Booking we will arrange for you to enter into a contract with the Supplier shown on your Tour Confirmation/Voucher. Each Supplier has its own Terms and Conditions. You can obtain a copy directly from them or by contacting us by e-mail to request a copy.
2.2 As we act as an agent for selected Suppliers, we shall have no contractual liability to you in respect of that Product. We will, however, remain liable to you if we have been negligent or misrepresented the Product or if we are in breach of any particular legislation.
3. Supplier Contact Details
3.1 The name of the Supplier and their local contact details for the Product that you have booked will appear on your Tour Confirmation/Voucher.
4. Product Queries
4.1 If you have any questions about the Product that you have purchased you can contact the Supplier directly. Alternatively, you can e-mail us and we shall be happy to assist you.
5.1 All our prices are quoted in UK Pounds and are per person. Prices are subject to change until payment of the Total Price has been made.
5.2 We reserve the right to correct errors in the prices quoted or calculated for any Product.
6.1 Full payment is required to be made at the time of Booking. Payment may be made by Visa or Mastercard credit or debit card. Payment may also be made by secure payment link; however, no Booking will be confirmed until we receive funds equivalent to the Total Price from you. You will be solely responsible for any bank or processing fees that are charged.
6.2 20% of the Total Price of any Product will be classified as non-refundable, in order to cover our non-cancellable costs that are incurred prior to cancellation. Only in certain circumstances will that amount be refunded to you. Please see Clause 17.2 for further details of our cancellation charges.
7. Booking Confirmation
7.1 Some Products that are sold by us are “subject to availability”, which means that we need to contact our Supplier to ascertain if the Product or Tour is available. We shall send you an acknowledgement of your order and aim to confirm or reject your Booking within 48 hours, however, this depends on us being able to contact our Supplier. If there is availability we shall book the Product for you and send you a Tour Confirmation/Voucher to the e-mail address that you have provided. If our Supplier does not have availability we will notify this to you by e-mail. In most cases, we will provide you with an alternative Product or Tour for you to consider.
8. Booking Details
8.1 When a Booking is made by you, all details will appear on the booking page of our Website. We recommend printing a copy of this page for your future reference.
8.2 Please check that all names, dates and tour details are correct and (where applicable) match any passport details. Please advise us immediately of any errors in writing.
8.3 Once you confirm your Booking we will proceed to make a booking with the Supplier. Any changes that you request thereafter will be subject to the charges laid out in Clause 15.1.
9. Duplicate Bookings
9.1 The Macfarlane Travel Channels will not prevent you from making duplicate bookings or from making a booking from the wrong departure city. You should, therefore, use great care when you make a booking as there will be no refund if you make that type of error when booking.
10.1 We do not book accommodation for any of our tours. When planning a trip we can recommend places to stay in the relevant area for you to arrange yourself.
Please note some tours requiring accommodation for overnight stays will be booked by you independently from Macfarlane Travel Ltd. These tours may require your hotel or B&B to be within a designated distance for driver pick-up points. In the event of this, a list of accommodation providers meeting these conditions may be provided.
11.1 Unless stated otherwise on the relevant webpage, lunch or dinner is not included in the price of any Product.
11.2 Any special meal requirements will be made on a request basis and cannot be guaranteed.
12.1 Some tours that are featured on the Website have a luggage allowance. This is shown on the relevant webpage and on the Tour Confirmation/Voucher. The carriage of luggage larger or heavier than the allowance cannot be guaranteed.
12.2 Where no luggage allowance is in place, you may bring one medium sized suitcase per person which will be transported in the luggage compartment of the coach. In addition, you may bring one small carry-on bag which must be able to fit in the overhead rack (where fitted) or under your seat on the relevant transport.
12.3 Suppliers may limit their liability for lost or stolen luggage, therefore we recommend that you obtain suitable insurance cover prior to travel. Please also see the insurance provisions in Clause 18.
12.4 Where space is available, a charge may be made by the Supplier for the carriage of any additional or oversized luggage.
13.1 It is your responsibility to be at the designated departure time no later than the check-in time shown on your Tour Confirmation/Voucher. The departure will not be delayed for you and, if you miss the Tour because you are late, you will not receive a refund nor will your Booking be moved to an alternative tour or date of travel.
13.2 If you miss your Tour departure you may be able to join the Tour en-route. You should contact the Supplier using the local contact number shown on the Tour Confirmation/Voucher in the first instance. Any costs incurred in joining the Tour in such circumstances will be at your own expense.
13.3 All times shown on our Website are for guidance only and we take no responsibility for missed connections if the return time of your Tour is delayed for any reason.
13.4 Please bring your Tour Confirmation/Voucher with you to your Tour departure, to confirm your entitlement to travel. Some Suppliers will allow you to show your Tour Confirmation/Voucher on your mobile device. Please check the relevant page on our Website or the Tour Confirmation/Voucher to see if this applies to the Tour(s) that you have purchased.
14. Passports, Visas and Immigration Requirements
14.1 Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates.
14.2 Neither we nor the Supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
15. If you Change Your Booking
15.1 If you need to make a change to your Booking, you should contact us in writing as soon as possible. We shall liaise with the Supplier to see if your change can be made. If the change can be accommodated we shall make a charge of £25 to cover our administration costs. This will be in addition to any charges levied by the Supplier.
15.2 If your Booking involves Travel by Train it will not be possible to make any change to your Booking.
15.3 If we are unable to make the change that you have requested we will leave your Booking unchanged. If this is not satisfactory to you then you can cancel your Booking in accordance with clause 17.
16. If we or the Supplier Change(s) or Cancel(s) Your Booking
16.1 Most tours operate subject to a minimum number of participants. Where the minimum number of passengers is not met, the Supplier reserves the right to cancel the tour departure. When this happens we will endeavour to find you an acceptable alternative tour. If an acceptable alternative cannot be supplied then you will receive a full refund.
16.2 No liability will be accepted for additional expenses that you may have incurred such as non-refundable hotel bookings or transport tickets.
16.3 The Products that we sell are planned a long time in advance, therefore the Supplier will reserve the right to make alterations to your
16.4 Where the Supplier makes an alteration which is classed as a Significant Alteration, we will invite you to choose one of the following options:
Treat your Booking as cancelled, whereupon we will refund all sums paid by you in relation to that Booking;
Replace your Booking with an alternative Tour of an equal value (if available) at no additional charge to you; or
Replace your Booking with an alternative Tour of lesser value (if available) and refund to your debit or credit card any difference between the Total Price of the two Bookings.
Replace your Booking with an alternative Tour of a higher value (if available) and charge to your debit or credit card any difference between the Total Price of the two Bookings.
17. If you wish to Cancel Your Booking
17.1 If you want to cancel your Booking, you should contact us using E-mail (requesting an electronic read-receipt from us) as soon as possible. Cancellation will be deemed to have occurred on the day that we receive this cancellation request.
17.2 Where you cancel your Booking, our cancellation charge will be equivalent to twenty per cent (20%) of the Total Price paid by you for the Tour. The remaining eighty per cent (80%) of the Total Price paid by you will be refunded to you. Please see clause 20 for additional information about refunds.
17.3 Suppliers may also impose fees that are in addition to those outlined above. If these apply to the Booking that you have made, we shall advise you.
18. Travel Insurance
18.1 We strongly recommend that you purchase adequate Travel Insurance. Some of our Suppliers require you to have adequate Travel Insurance in place as part of their Terms and Conditions. We shall advise you if this condition applies to your Booking.
19. Passengers with Special Needs
19.1 No special arrangements are made for travellers with special needs. If you or anyone in your party requires assistance then you/they must be accompanied by an experienced and able-bodied companion who can cater for all of your/their needs. Some accommodation and sightseeing may require climbing stairs or walk on uneven surfaces.
19.2 The carriage of folding wheelchairs and other walking aids cannot be guaranteed and will be subject to availability of space. Please notify us as soon as possible if you have any such requirements.
20.1 No refunds will be given for a Tour (or part thereof, for example, specific service or excursion that forms part of the Tour) that you did not use due to your late arrival at the departure point, leaving the Tour early or by choice. This includes Tours that are curtailed due to bad weather, road closure etc.
20.2 There may be situations where no refund can be paid for certain elements of your Tour, for example where the Tour involves Travel by Train. Where this is the case, it will be stated on the relevant page of our Website and on your Tour Confirmation/Voucher.
21.1 Because the contract for your travel arrangements is between you and the Supplier, any queries or concerns relating to the travel arrangements should be addressed directly to them.
21.2 If you have a problem whilst on holiday/tour/activity, this must be reported to the Supplier or their local agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
21.3 If you wish to complain when you return home, please write to the Supplier. We will provide you with their contact information on request or we will be happy to forward your correspondence to them.
22. Data Protection
22.1 Macfarlane Travel Ltd is the data controller in respect of any personal data that you provide to us. We will use your personal data only for the purposes of processing your Booking (including passing such information to the relevant Supplier(s) to enable them to fulfil your Booking.
22.2 Please note that when giving information for the purposes of making your Booking, you will be deemed to consent to us sending you e-mail communications about our services from time to time. We will not allow your e-mail information to be used by any other company or organisation. If you would prefer your information not to be used in that way, please contact us to opt-out of receiving any further marketing from us, giving your name and address: (i) by E-mail, or (ii) by post to Macfarlane Travel Ltd 38 Thistle Street, Edinburgh, EH2 1EN. Our full Privacy Statement can be found
23. Force Majeure
23.1 Events of Force Majeure involve circumstances that are outside the reasonable control of the Supplier and us. Whilst we will endeavour to assist you and your party where your Booking is altered or cancelled as the result of an Event of Force Majeure, we regret that the alternative arrangements detailed in Clause 16 will not apply.
24.1 Subject to Clause 24.4, in no event will we be liable to you, in contract, delict (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any loss of profit, business, contracts, revenues or anticipated savings, increased costs or expenses, special, indirect or consequential damage or loss howsoever arising out of a Booking.
24.2 Any loss or damage suffered by you or any member of your party which results from the failure of a Supplier is limited to the amount that you, or that member of your party, is entitled to claim from such Supplier under its terms and conditions and/or any applicable international convention.
24.3 Subject to Clause 24.2, our total liability to you and the members of your party covered by the Booking in respect of any costs or losses directly associated with that Booking shall in no circumstances exceed in aggregate an amount equal to the total sums paid by you to us in relation to that Booking.
24.4 Nothing in this Clause 24, or elsewhere in this Agreement, shall seek to limit or exclude our liability to you for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other circumstances which by law cannot be limited or excluded.
25.1 These terms and conditions, together with the relevant Tour Confirmation/Voucher and any relevant Supplier terms and conditions constitute the entire agreement between you and us in relation to that Booking.
25.2 In the event that the whole or any part of a provision may prove to be illegal or unenforceable, the other provisions of these terms and conditions and the remainder of the provision in question will remain in full force and effect.
25.3 The construction, validity and performance of the Booking and these terms and conditions, and any contractual or non-contractual claims or disputes arising hereunder shall be governed by and construed in accordance with the laws of Scotland. The parties hereby propagate the non-exclusive jurisdiction of the Scottish Courts. You may, however, choose the law and jurisdiction of England or Northern Ireland if you live there and wish to do so.
25.4 All travel arrangements which we provide or which are sold through us are not an offer by us to sell any travel arrangements, but an invitation to you to make an offer to the Supplier. We are free to accept that offer on behalf of the Supplier or to reject it.
25.5 We may at any time revise these Terms and Conditions without notice. Please check regularly for any such updates. Continued use of www.macfarlanetravel.co.uk after a change has been made is your acceptance of the change.