Terms and Conditions
SCOTIA GOLFING TERMS & CONDITIONS
These Terms and Conditions apply to your booking (defined below). In order to make a reservation we, Scotia Golfing (which incorporates either Scotia Golfing Ltd or Scotia Global Consulting Ltd) 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
In these Terms and Conditions, the following words shall have the meaning set opposite:
"Conditions" means these Terms and Conditions;
"Deposit" means £500 or 50% (whichever is the greater) of the Price per person. Deposits for spectator
events such as corporate hospitality packages e.g. Open Championship is £550 or 50%; (whichever is
the greater) of the Price per person;
"Itinerary" means a personalised tour or schedule produced by us for you, 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) green fees; (d) 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, when the Deposit has been paid within 7 days of
receiving your finalised Itinerary;
"Service Provider" means any other party other than us, who will provide services for the Itinerary
including, but not limited to accommodation, transport and golf tee times;
"Start Date" means the date upon which the Itinerary commences;
"We/Us/Our" means Scotia Golfing Limited, a company registered in SCOTLAND under the
Companies Acts (Registered Number: SC646579) having its registered address at Summit House, 4-5 Mitchell Street, Edinburgh, EH6 7BD.
"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. Apartments and self-
catering accommodation units may vary. 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
It is a condition of booking that You and your party have all necessary valid Visa and Passport
documents in your possession for travel to the United Kingdom. Further information on up to date
requirements are available from your Travel Agent, Tour Operator, Consulate or government Embassy.
2.1.10
Health Information.
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 Start Date. For Corporate Golf days and
Event Management payment is due at least 60 days in advance of the Event. For Open Championships
payment of the Price is due at least 120 days before the Start Date.
3.2
An administration fee of £40 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 all deposits are non-refundable at any time.
3.4
All payments must be made in Full and Nett of any International Bank transfer charges which must be
met by You at all times.
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 Start 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 By You:
5.1.1
Notification of cancellation must be forwarded in writing to Us as soon as possible at the address noted
below. Cancellation fees will be charged to You to cover non-refundable charges incurred by Us in
making Your Reservation, including administrative costs.
5.1.2
Cancellation fees are as follows: Golf Tours:
A) For bookings cancelled more than 8 weeks prior to the start date of the tour:
You will receive a refund of the deposit paid less an administration fee of £200 per person and less any non-recoverable expenses relating to the tour incurred by us (for example accommodation costs, golf green fees or transportation costs).
B) For cancellations less than 8 weeks prior to the start date of the tour : Provided that the tour has been paid in full, you will receive a refund of the total amount paid less an administration fee of £400 per person and less any non-recoverable expenses relating to the tour incurred by us (for example accommodation costs, golf green fees or transportation costs ).
C) In the event that you wish to transfer your tour to another date instead of cancelling the tour we will make every attempt to accommodate that request however this may result in additional costs in the event that third party supplier costs may have increased. Any transfer of tour dates will incur an administration fee of £100 per person
5.2 By Us:
5.2.1
Subject to Clause 6 below, the Deposit shall be refunded by Us, and any cancellation fees hereunder
shall be reduced
(i) in full, in the event of cancellation as a result of Our material breach of these Conditions, or
(ii) in part (after the deduction of Our expenses) solely to the extent that the event is resold by Us, in
the event of cancellation for any other reason.
5.2.2
Prior to Start Date, if We cancel the Itinerary, we will endeavour where possible to:
(i) provide an alternative Itinerary of equivalent or superior quality; or
(ii) 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.
5.2.3
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 Start
Date;
(ii) where the Itinerary is cancelled by reason of Force Majeure.
5.3
Where it becomes apparent after Start Date that a significant proportion of the Itinerary contracted for is
not or cannot be provided, We will 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 Start Date, the following terms will apply:
6.1.1
We will re-schedule the Itinerary subject to availability for a later date that year;
6.1.2
We will re-schedule the Itinerary into the following year with an additional charge of 10%.
Note: Reservations moved 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 Start 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
standard room at Gleneagles Hotel. The information pack will also include the name, address and
telephone number of Our representative in the area of Your stay. Also, if a child under 16 is travelling
unaccompanied without parent/guardian, information will be provided so that direct contact may be
made with the child or the person responsible at the place where the child is to stay.
9. UNUSED TOUR SERVICES
9.1
Partly used or unused services included in the Itinerary, are non-refundable except as stated otherwise.
No refunds will be made for 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
Where We must alter significantly an essential term of the Conditions, We will inform You of this change
as soon as possible to allow You to take an appropriate decision; to include withdrawing from the
Conditions without penalty or allowing Us to amend the Conditions. Any amendment by Us will specify
the changes made and how these have impacted on the Price. You must inform Us of your decision in
this matter within 5 working days.
11. OPEN CHAMPIONSHIP ENTRY TICKETS -FOR INCLUSION IN OPEN T&C'S
11.1
Lost or forgotten entry Open Championship tickets cannot be replaced without payment of the relevant
daily rate. Juveniles (under the age of 16) have free admission if they hold a Juvenile admission badge,
having applied in writing in advance to The R&A Ticket Office, or if they are accompanied on the day by
a responsible adult. If a juvenile does not hold a valid Juvenile admission badge or is unaccompanied by
a responsible adult they will not be entitled to free admission. The juvenile may purchase a youth ticket
at the relevant daily rate from the entry gate.
12. GOLF HANDICAP CERTIFICATE
12.1
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).
13. CAR RENTAL INFORMATION (IF INCLUDED)
13.1
Outline Conditions for example purposes. Exact conditions will vary by Car Rental Provider. Drivers must
have held a valid drivers’ licence (if you hold a UK licence please bring both the paper copy and the
photographic identification card) for a minimum of 2 years and be over 25 years of age. Maximum age:
75 years. Additional drivers are charged at £2.50 per day. A non-waivable damage excess normally of
£1500 but specially reduced to £500 applies to all vehicle hires, reserved specifically with Golf Package
arrangements.
14. TRAVEL INSURANCE
It is a condition of accepting your reservation that all members of your party or group wishing to travel
have arranged appropriate comprehensive Travel Insurance independently.
15. LIABILITY
15.1
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.
15.2
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.
15.3
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.
15.4
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.
16. FORCE MAJEURE
16.1
We will not, together with Our Service Providers, be liable for injury, damage, loss, accident, delay,
irregularity, changes or inconvenience caused by, but not limited to, the following: any force majeure,
health risks, reasons of war, threat of war, riots, civil strife, terrorist activity, or expense to personal
property due to act or default of any hotel, carrier or any other company or person providing or
rendering of the Itinerary.
16.2
We will not, together with the Service Providers, accept responsibility for any sickness, pilferage, labour
disputes, machinery breakdown, government restraints, weather condition, defect in any vehicle or
transportation or for any misadventure or casualty or any other causes beyond Our control.
17. VALUE ADDED TAX (United Kingdom Government Tax)
17.1
The current rate of 20% is included in all Packages but is subject to change, if necessitated by
Government Ruling without prior notification.
18. METHOD OF PAYMENT
18.1
Payment of the Deposit can be made Paypal or direct into Our bank account (account details available
on request). Payment will be made in (GBP) Pounds Sterling.
18.2
The final balance of the Price may be paid by Paypal or by direct bank transfer. Please note that all such
payments must be made in full (Gross) and nett of any Bank or International transfer charges.
19. DATA PROTECTION
19.1
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.
19.2
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.
19.3
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.
19.4
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.
20. ASSIGNATION
These Conditions shall be binding upon the parties and shall not be capable of novation, assignation or
other transfer by You without the prior written consent of the Us, which consent should not be
unreasonably conditioned, withheld or delayed; provided that in all cases of assignation the assignee
effectively undertakes to perform all the obligations of the assignor as though the assignee had been an
original party hereto.
21. GOVERNING LAW
These Conditions shall be governed by and construed in accordance with the law of Scotland. Each party
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.