Legal
TERMS & CONDITIONS
These terms and Conditions apply to the Tour Reservation (defined below).
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. By making a Reservation You are deemed to have accepted these Terms and Conditions.
1. DEFINITIONS
In these Terms and Conditions, the following words shall have the meaning set opposite.
“Clause”
means a reference to a clause number in these Terms and Conditions unless such reference specifically refers to a clause in the General Conditions in which case it shall be a reference to a clause in the General Conditions.
“Deposit”
means £1000 or 50% (whichever is the greater) of the Price per person. Value Added Tax at the rate prevailing from time to time will be payable additionally by You on the Deposit.
“General Conditions”
means the general conditions annexed to and forming part of these Terms and Conditions.
“Itinerary”
means a bespoke schedule arranged by Us for You, specifying a Package based on Your requirements.
“Package”
means Us arranging any of the following components when sold or offered for sale at an inclusive price a) accommodation b) meals/drinks c) golf tee times d) golf trolleys and/or buggys and/or caddies e) transport and f) excursions.
“Personal Information”
means information provided by You on creating an Itinerary or making a Reservation to include though not exclusively Your name, address, contact details and payment details and all information specified and/or referred to in Clauses 2.8, 2.9, 2.10 and/or 2.11 in these Terms and Conditions.
“Price”
means the total price paid per person for the Itinerary (subject to Clauses 3 and 11 of the General Conditions). All values will be stated in pounds sterling. Value Added Tax at the rate prevailing from time to time will be payable additionally by You on the Price.
“Reservation”
means the securing of the Itinerary, when the Deposit has been paid and we have written or emailed confirming receipt of the Deposit and the securing of the Itinerary.
“Service Provider”
means any other party other than Us, who will provide services for the Itinerary including, but not limited to accommodation, meals/drinks, Golf Tee Times, transport and excursions.
“Start Date”
means the date upon which the Itinerary commences.
“Terms and Conditions”
means these terms and conditions.
“We / Us / Our”
means Kard & Brown Limited, a company incorporated under the Companies Act 2006 (Registered Number SC622196) having its registered address at 6 Bute Crescent, Bearsden, Glasgow G61 1BS.
“You / Your”
means the person(s) making the Reservation.
2. YOUR ITINERARY
Your Itinerary will contain details of the following:
2.1. Your travel destination (s) together with details of dates and relevant periods of stay
2.2. The location of accommodation; category rating; main features
2.3. Details of any meals, drinks included
2.4. Minimum number of persons required for the Itinerary to take place
2.5. Details of any visits, excursions or other services included in the Price
2.6. Our key contact details and details of any Service Provider
2.7. The Price together with the payment schedule
2.8. Details of any special requirements which You have expressed to Us and which have been accepted by Us and any relevant Service Provider
2.9. Insurance information
2.10. Details of any transport We are arranging for You
3. PAYMENT AND AMENDMENT
3.1. Your Deposit is required within seven days of receiving your finalised Itinerary unless We state otherwise in writing when issuing the finalised Itinerary.
3.2. Unless otherwise agreed by Us in writing full payment of the Price shown in the finalised Itinerary is due at least sixty days before the Start Date. If however when a Reservation is made there are less than sixty days remaining before the Start Date full payment of the Itinerary is due to be made with the Reservation.
3.3. All amendments are subject to availability and may incur extra charges. We will notify You when We are made aware of this by the Service Provider.
3.3.1. Golf course fees and prepayments are non-refundable at any time unless the recipients to whom we have paid those sums agree to refund same to us.
4. CANCELLATIONS
4.1. BY YOU
4.1.1 Notification of cancellation must be forwarded in writing to US as soon as possible at the address noted above. Cancellation fees will be charged to You to cover non-refundable charges incurred by Us in making Your Reservation, including administrative costs.
4.1.2 Cancellation fees are as follows
60 days or more prior to Start Date – Full Deposit
59 days or less prior to Start Date – Full Price
4.1.3 Where We materially fail to provide the Itinerary, You are entitled to cancel and be refunded any Price paid except: 1) where the number of persons who agree to attend the Itinerary is less than the minimum number required in terms of the Package and where You are informed of the cancellation by Us for this reason, or 2) where the Itinerary is cancelled by reason of Force Majeure in which case You will not be entitled to any refund.
4.2. BY US
4.2.1. If We determine it is necessary for Us to cancel Your Itinerary We shall notify You as soon as reasonably practicable. In those circumstances subject to Clause 5 below, any monies paid by You to Us shall be returned by Us and any cancellation fees hereunder shall be reduced 1) in full, in the event of cancellation as a result of Our material breach of these Terms and Conditions and/or the General Conditions or 2) in part in the event of cancellation by Us for any other reason ( after deduction of Our expenses ) solely to the extent that the event is resold by Us.
4.2.2. In the event of cancellation of any part of the Itinerary for any reason other than your breach of these Terms and Conditions and/or the General Conditions prior to Start Date, if We cancel any part of the Itinerary, We will endeavour where possible to:
4.2.2.1 provide an alternative Itinerary of equivalent or superior quality; or
4.2.2.2 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.
4.3. Where it becomes apparent after the Start Date that a part of the Itinerary contracted for cannot be provided, We will endeavour to make suitable alternative arrangements. If these alternative arrangements are acceptable to You and if they cost more than the original arrangements You will be responsible for paying the additional cost to Us. Alternatively if the alternative arrangements cost less than the original arrangements We will refund to You the difference in cost of the alternative arrangements as between the original arrangements and the new arrangements on request. In the event You do not wish to accept the alternative arrangements We will provide You with transportation back to the place where the Itinerary began or to such other place as We may agree with You, at no extra cost to You.
5. TRANSFER OF BOOKINGS
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.
6. PACKAGE DOCUMENTS
Subject as hereinafter mentioned approximately three weeks prior to the Start Date You will receive Your personalised information pack containing all relevant documentation. If You make Your Reservation less than three weeks prior to the Start Date We shall provide You with Your personalised information pack as soon as reasonably practicable prior to the Start Date.
This will include details about the transport provided (including times and places of connections) golf courses booked and accommodation. The pack will also include contact details of Your Tour Manager.
7. TRAVEL INSURANCE
We strongly recommend that You arrange your own independent Travel Insurance and insurance for any potential liability You may have to third parties when playing golf in respect of damaged property, injury or death. For the avoidance of doubt we do not provide this.
8. LIABILITY
8.1. Subject to the provisions of Clause 9 of these Terms and Conditions and the General Conditions we are responsible 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.
8.2. Subject to the provisions of Clause 9 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 these Terms and Conditions or the General Conditions except where failure or improper performance is attributable to a) You b) a third party 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.
8.3. Any liability We may have to You arising from the non-performance or improper performance of the Itinerary and/or the Terms and Conditions and/or the General Conditions is restricted to the sum paid by You to Us subject to the proviso that in the event that Our insurers conclude that Our liability to You exceeds the foregoing limit and Our insurers are willing to award and pay compensation to You then the foregoing limit may be exceeded to the extent paid by Our insurers. The foregoing provisions do not restrict our liability in the event of any injury or death.
8.4. In the event You consider that any of the Package is not being supplied in accordance with the Itinerary or Terms and Conditions and/or General Conditions You must, at Your earliest opportunity, communicate this concern in writing to Us at the above address.
9. FORCE MAJEURE
9.1 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.
9.2 We will not, together with the Service Providers, accept responsibility for any sickness, pilferage, labour disputes, machinery breakdown, government restraints, weather conditions, defect in any vehicle or transportation or for any misadventure or casualty or any other causes beyond Our control.
9.3 In the event of any conflict as between Clauses 9.1 and/or 9.2 and the remainder of these Term and Conditions/General Conditions, Clauses 9.1 and/or 9.2 shall prevail.
10. GENERAL CONDITIONS
The General Conditions attached to these Terms and Conditions form part of these Terms and Conditions and are incorporated herein.
11.VALUE ADDED TAX
The current rate of 20% is included in all Packages but is subject to change, if necessitated by Government Ruling without prior notification.
12. METHOD OF PAYMENT
Payment of the Deposit and Price should be made directly into our company’s bank account; (details will be provided with finalised Itinerary). All payments will be made in Pounds Sterling.
13. DATA PROTECTION
13.1 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 (i) the Data Protection Act 1988 (ii) the Data Protection Act 2018 and (iii) the General Protection Regulations (EU) 2016/679 (in each case 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.
13.2 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, for a period of 7 years or such other period required in terms of Scots law if longer. 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 U.K. law or for the purposes of U.K. statutory audit.
13.4 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.
13.5 You shall allow us to obtain, discuss and provide information about You from/with 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.
14. 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 from 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.
15. CONTRACT (THIRD PARTY RIGHTS) (SCOTLAND) ACT 2017
These Terms and Conditions and the General Conditions do not create any rights in favour of third parties under the Contract (Third Party Rights)(Scotland) Act 2017 to enforce or otherwise invoke any provision of these Terms and Conditions and the General Conditions.
16. GOVERNING LAW
These Conditions shall be governed by and construed in accordance with Scots Law. 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.
General Conditions
1. Prior to the Start Date if requested by You to do so We will call and check the status of the golf course on Your behalf. Should You choose not to travel, subject to the policy of the golf course in these circumstances, We will try and postpone or amend Your Itinerary, however price supplements may be incurred depending on when the rebooking arrangements are finalised. No refunds are available under any circumstances for cancellations made due to course closures.
2. Golf played on temporary greens and tees is non refundable and is considered to be an accepted part of playing golf in Scotland. Please note that trolley and buggy bans occur frequently when a course is wet and are determined by those in charge of the golf course.
3. If You are unable to play golf on Your Itinerary due to course closure We will, without obligation, try to obtain a partial refund or green fee vouchers for the golf element of the Itinerary to the extent that the golf course is willing to provide same.
4. Each golf course sets its own inclement weather policy. All decisions regarding partial refunds or green fee vouchers are solely at the discretion of the golf course concerned and are final.
5. For the avoidance of doubt We are not responsible should inclement weather interrupt any or all of Your Itinerary and We shall not be liable to provide any refunds in those circumstances.
6. Some golf courses require handicap certificates before accepting visitors. We will endeavour to advise You of this at the time of Your Reservation. Whilst a certificate of playing ability is not essential on all golf courses, the appropriate golfing etiquette and knowledge of golfing rules is expected of You and each golf course reserves the right to refuse access if in their judgement individuals do not display the required etiquette and/or knowledge. We are not responsible for any decisions taken by the relevant golf course in these circumstances.
7. Appropriate dress and footwear should be worn at all times on the golf courses and in the relevant club houses. Certain hotels require dress code for dinner. We are not responsible for any ruling by the relevant golf course or hotel or if any of Your party is unable to play or dine due to inappropriate attire.
8. When You arrange Your Itinerary with Us You are accepting full responsibility for any damage or loss caused by You or any member of Your group both to Us and/or any third parties including hotels and/or golf courses/clubs. If You fail to meet that responsibility You will be responsible for meeting any claims subsequently made against Us (together with Our own and the other party’s full legal costs) as a result of Your actions or failures.
9. If in Our reasonable opinion or in the reasonable opinion of any other person in authority You or a member of Your group is behaving in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property We or the person in authority in question are entitled without prior notice to terminate Your Itinerary. In this situation the person(s) concerned will be required to leave the hotel or golf course. In those circumstances neither We nor the hotel and/or the golf course will have any further responsibility towards such person(s) including any return travel arrangements. No refunds will be made and We will not pay any expenses or costs incurred as a result of the termination.
10. We are not responsible for the provision of the accommodation including any facilities and services provided by the hotel. Our responsibilities are limited to making the reservation in line with Your instructions. We are not responsible for any information about the hotel that We pass on to You in good faith or for changes the hotel might make to Your Reservation and the services it provides without Our knowledge.
11. We may change the intimated price of the Package from time to time. We endeavour to ensure that the advertised price is the most up to date price, however prices can change at short notice. We will confirm the actual price at the time of issuing Your finalised Itinerary. We endeavour to ensure that the intimated price is accurate but sometime errors may occur. If there is a mistake and the actual price is lower than that given at the time of Reservation We will only charge You the lower amount. If the price is higher, We will contact You for instructions or reject Your Reservation (at Our sole discretion) and notify You so that You can decide what You would like to do.
12. We are under no obligation to provide You with a Tour Reservation which is incorrectly priced even after We have issued Your Itinerary if the error should reasonably been apparent to You. In these circumstances, We may contact You for Your instructions or cancel Your Reservation and notify You so that You can decide what You would like to do.