Terms & Conditions

Standard Terms & Conditions of Business

Exclusively Scotland Ltd is a Limited Company Registered in Scotland: SC350615

Registered office: 67 Hillpark Grove, Edinburgh, EH4 7EE, Scotland
VAT Registration Number: 989 9027 44

These are Exclusively Scotland Ltd’s terms and conditions of business. They apply to all bookings made by Clients of Exclusively Scotland Ltd. For the purpose of these terms and conditions, Clients means any person, firm, company, public authority or any other body, and his/its successors, personal representatives, agents or employees contracting goods or services from or making bookings through Exclusively Scotland Ltd.

All quotations are made without obligation on the part of Exclusively Scotland Ltd and Exclusively Scotland Ltd has the right at all times to vary the same. All quotations are based upon information given to Exclusively Scotland Ltd by the Clients at the time of the quotation. Should such information prove inaccurate then Exclusively Scotland Ltd reserves the right to vary the quotation and/or the basis of acceptance of the booking as the case may be.

Exclusively Scotland Ltd reserves the right to cancel all arrangements and bookings without prior notice if these terms and conditions are not met so please read them carefully and contact us if you have any questions or if you do not agree with any of the clauses.

In the event of any bookings being unavailable or cancelled due to any fault on the part of the Clients, their employees or agents the Clients will be responsible for meeting all additional costs, losses and expenses incurred by Exclusively Scotland Ltd as a result thereof.

N.B. If you confirm and proceed with any booking you are automatically accepting these terms and conditions.

All bookings must be confirmed in writing, by letter or email. Bookings will only be confirmed when confirmation is received along with agreed guarantee of compliance to booking conditions and payment (where required).

• All changes to the programme by the Clients must be confirmed in writing, e.g. passenger numbers, services etc. Price differentials may occur if the final passenger numbers are different than those specified in Exclusively Scotland Ltd’s original quotation. Similarly, the Clients may incur cancellation charges if the number of passengers actually travelling is reduced.
• A final rooming list should be confirmed with full names, room breakdown and any special requirements for passengers. This must be received – except in short-notice situations, where agreed with Exclusively Scotland Ltd – no later than 14 days prior to arrival. Price differentials may occur if the final passenger names are different than those specified.
• The prices given to you are based on tariffs, rates and taxes currently in force. Exclusively Scotland Ltd reserves the right to make any adjustment to these prices arising from any price variation whatsoever (including but not limited to any changes in VAT rates; any increases or seasonal supplements at any time until the service is rendered).
• Exclusively Scotland Ltd reserves the right to charge an administration fee for changing confirmed services where names, dates or services are subsequently changed within two weeks of arrival or as otherwise stipulated in individual cases. Such charges will be kept to a minimum and would not normally exceed ten percent of the total value of the relevant services and would rarely apply to normal accommodation / transport reservations for which the agreed cancellation policy would apply
• If a problem or complaint occurs during the passengers’ stay, it is more likely that the issue will be resolved successfully if it is handled immediately by Exclusively Scotland Ltd or its appointed representative, rather than after the passengers have returned to their home. If the Clients or the passengers are dissatisfied with any of the arrangements that Exclusively Scotland Ltd has made for them, they should contact the Exclusively Scotland office +44 (0)131 202 6347 during office hours between 9am and 5pm or at any other time emergency number +44 (0)7760 256 618.
• Exclusively Scotland Ltd cannot accept liability in respect of any complaint that is not reported to us during the passengers’ stay or in writing within 14 days of their arrival home. If passengers are on an extended holiday and there is substantial delay in receiving the written complaint, Exclusively Scotland Ltd reserves the right to request proof of home arrival date. This does not affect the Clients’ or any passengers’ statutory rights.

Invoicing / Payment Conditions:

• Exclusively Scotland Ltd will send an invoice for each booking as soon as arrangements are finalised, prior to arrival, based on projected passenger numbers. Invoice value (less any deposit already paid) must be settled in full prior to arrival date, except in previously mutually agreed circumstances.
• In the event of there being further costs incurred by the Clients, or by Exclusively Scotland Ltd on behalf of the Clients, then a final invoice will be issued as soon as possible after all costs have been ascertained. In such circumstances, payment will be due within 28 days from the date of the final invoice.
• Should Exclusively Scotland Ltd need to immediately pay suppliers in full to secure reservations in the event of peak date reservations (such as private properties, small bed and breakfast establishments or private, non serviced apartments), or tickets or services (including but not limited to sporting events, theatre, special events etc), or for any other reason, Exclusively Scotland Ltd will advise the Clients accordingly at the time of booking, and may raise an invoice for the relevant amount to be paid immediately. In these circumstances, confirmation of the booking will only be given following receipt of payment in full from the Clients. Tickets and similar reservations are normally non-changeable and non-refundable, in the event of cancellation.
• The Clients agree to pay interest on any sums outstanding after the due date for payment at the rate of four per cent above Royal Bank of Scotland plc base rate.
• In addition to Exclusively Scotland Ltd’s right to interest, if payments due to Exclusively Scotland Ltd are not made timeously, Exclusively Scotland Ltd reserves the right to cancel or suspend any bookings at the date of such default without being liable for any loss whatsoever in respect thereof.

Cancellation:

If any booking is cancelled (other than through default of Exclusively Scotland Ltd) or otherwise frustrated, Exclusively Scotland Ltd reserves the right to charge for all costs, losses and claims relating thereto incurred by or imposed upon Exclusively Scotland Ltd including but not limited to any operational costs up to the date/time of cancellation or frustration, and cancellation charges.

Subject to the above, Exclusively Scotland Ltd will try to be as flexible as possible with regard to option dates / cancellation deadlines, and unless advised differently the following cancellation schedule will apply in the event of the whole / part of the group cancelling:

Group Bookings- 8 people or more

• Cancellation more than 12 weeks prior to arrival: administration charge only
• Cancellation between 4 and 12 weeks prior to arrival: 50%
• Cancellation less than 4 weeks prior to arrival: 100%.
• No-shows: No-shows will be charged in full, as it is normal practice for suppliers to charge for services in these circumstances.

Individual bookings (Fully Independent Traveller/ FIT)- less than 8 people

• Cancellation more than 6 weeks prior to arrival: administration charge only
• Cancellation between 2 and 6 weeks prior to arrival: 50%.
• Cancellation less than 2 weeks prior to arrival: 100%.
• No-shows: No-shows will be charged in full, as it is normal practice for suppliers to charge for services in these circumstances

In the event of cancellation, non-refundable deposits or pre-payments (including but not limited to hotel accommodation, transport, golf tee times, theatre tickets, exhibition tickets, etc) which have been paid out or guaranteed on behalf of the Clients will require to be paid in full. Where applicable Exclusively Scotland Ltd will endeavour to recoup any payments made to suppliers in advance and to issue refunds to the Clients where possible.

Exclusively Scotland Ltd reserves the right to apply an administration charge appropriate to the time spent on the booking and the cancellation. This amount would not normally exceed 10% of the total cost of the booking or 20% of the total amount of any refund to the Clients.

In the event of a supplier having materially different cancellation terms than those stated above, Exclusively Scotland Ltd will endeavour to advise the Clients at the time of booking.

We recommend that the Clients and any passengers take out insurance to provide protection against any cancellation charges.

Invoice and Payment Details:

All payments to Exclusively Scotland Ltd should be made by direct bank transfer or by Banker’s Draft drawn on a major UK Clearing bank. We do not accept credit cards or any other forms of payment.

Prices quoted by Exclusively Scotland Ltd are usually inclusive of VAT and any other applicable duties or taxes. Unless otherwise agreed in writing payment will be due in the same currency as the price stated in the quotation.

Services provided will normally be invoiced in Great British Pounds Sterling (GBP).

All payments made to Exclusively Scotland Ltd must be accompanied by remittance advice, clearly listing the Exclusively Scotland Ltd invoice number(s) and amount(s) being paid. All payments made by direct bank transfer must be accompanied by the reference number on the relevant invoice. Any invoice which has not been paid in full, must be fully explained by stating the reason for underpayment and providing documentary evidence to support the agent’s claim

Bank Charges:

All costs of transmitting payment to Exclusively Scotland Ltd and of any refunds are to be borne by the Clients.

Invoice Disputes:

Invoices will be deemed to be accepted by the Clients unless Exclusively Scotland Ltd is notified to the contrary within fourteen days of the date of the invoice. Payment of invoices shall be made without any deductions. Should the Clients have a dispute with a particular invoice, this should be raised with Exclusively Scotland Ltd at the earliest possible opportunity.

Liability

Except in respect of death or personal injury caused by Exclusively Scotland Ltd’s negligence, Exclusively Scotland Ltd shall not be liable to the Clients for any indirect, special or consequential loss or damage or other claims for compensation whatsoever and the entire liability of Exclusively Scotland Ltd shall not exceed the price payable by the Clients for the booking (net of VAT and other duties and taxes).

Force Majeure:

Exclusively Scotland Ltd shall not be liable for any loss or damage arising out of, or in connection with the booking where performance and / or prompt performance of the contract is prevented by any occurrence or happening or series of occurrences or happenings beyond the reasonable control of Exclusively Scotland Ltd including without prejudice to the generality of the foregoing: Act of God, reason of war or threat of war, riot, civil strike, industrial dispute (affecting employees or any person other than those of the company), terrorist activity, natural and nuclear disasters, flood, fire, medical or health-related outbreaks including pandemics, adverse weather conditions, hostilities or political unrest.

Clients’ Insolvency

In the event that the Clients shall make an offer to make any arrangement or composition with creditors or become apparently insolvent or be made bankrupt or if any petition for bankruptcy shall be presented and made against them or in the event that the Clients are a limited company, that a resolution or petition to wind up such company (other than for the purposes of amalgamation or reconstruction) shall be passed or presented or if a receiver or administrator or liquidator of such company’s undertaking, property or assets or any part thereof shall be appointed, Exclusively Scotland Ltd (without prejudice to any claim or right that it may otherwise make or exercise against the Clients) shall have the right to rescind any contract and cancel any bookings made by giving written notice to the Clients to that effect.

Law:

These terms and conditions shall be interpreted under the Law of Scotland and Exclusively Scotland Ltd and the Clients submit to the non-exclusive jurisdiction of the Scottish Courts.