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Terms & Conditions

Terms & Conditions

Your booking is made subject to the following terms and conditions:

General

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 Tour Skye Limited (a company incorporated in Scotland, No: SC475537) (being ‘us’, ‘we’ or the ‘Company’) in respect of the relevant tour or other holiday experience (together referred to in these terms and conditions as ‘tours’) to be provided by the Company. Please read these terms and conditions carefully and contact us if you have any queries.

Within these conditions, ‘you’ and ‘your’ means all persons named on the booking. By making a booking, the ‘lead passenger’ specified in the booking will be deemed to have accepted these conditions on behalf of all passengers named within the booking. For the avoidance of doubt, ‘written’ or ‘in writing’ shall, where used in these terms and conditions, include email.

We endeavour to ensure that the information and prices in our brochures and on our website are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You should check the current price and all other details relating to the arrangements that you wish to book before your booking request is made. All tours are sold subject to availability.

None of these terms are intended to contravene or contradict the Package Travel and Linked Travel Arrangements Regulations 2018 (the “2018 Regulations”) (so far as applicable to your booking) or the Consumer Rights Act 2015 and your statutory rights under any such legislation are not affected. In the event that your booking constitutes a ‘linked travel arrangement’ in terms of the 2018 Regulations, you should refer to the section below entitled ‘Your Protection’.

Booking Process

Bookings can be made via our website at www.tourskye.com, or by contacting us by email at contact@tourskye.com

Your booking is not confirmed until we have issued your booking confirmation. At that point a binding contract will be entered into between us. For scheduled tours (being single day tours, or tours of more than one day, with a specific itinerary, which are available for booking on scheduled dates from scheduled departure points), full payment will be required at the time of booking and (unless otherwise agreed), a booking confirmation will only be issued once we have received full payment from you. We cannot be held responsible if any tour in which you are interested becomes fully booked or otherwise unavailable prior to full payment being received from you.

Accommodation and Other Services

Admission fees or guided tours are not included in the tour price unless expressly stated in the tour description.

Unless otherwise expressly stated in the tour description, the cost of accommodation is not included in the price, although we can arrange accommodation on your behalf. If you wish us to do so, we will endeavour to book accommodation falling within the price bracket specified by you. If accommodation within the specified price bracket is not available or cannot be booked for any reason, we will discuss this with you before booking any alternative accommodation on your behalf. The costs of any special requests or supplements (including single supplements and/or child prices) will vary depending on, for example, the policies of the relevant accommodation providers or other suppliers. Please ask us about this at the time of making your booking enquiry. Bookings are made subject to the terms and conditions of the relevant accommodation (or other service) provider. By booking accommodation or other services through us, you enter into a direct contractual relationship with the relevant third party provider and we act solely as an intermediary, transmitting the details of your reservation to the relevant accommodation (or other service) provider. Unless otherwise advised, payment for accommodation or other services booked on your behalf should be made directly by you to the relevant third party provider.

In addition to the cancellation charges outlined in these terms, cancellation of accommodation or other services booked by us on your behalf will result in you being liable for cancellation charges levied by the relevant third party provider. Any such costs or charges should be payable to us, so that we may remit them to the relevant provider on your behalf. Please contact contact@tourskye.com if you would like details of supplier cancellation charges relevant to your booking.

Tailor Made Tours

In addition to scheduled tours, tours which are tailored to your/your party’s requirements may also be made available. These may include various elements such as transport, car/bus hire, entrance to attractions, guided tours and/or other value added services (together “Tailor Made Tours”).

If you wish to make a Tailor Made Tour (which includes the booking of a scheduled tour for 10 or more individuals) then please contact us to discuss your requirements further.

In the event that we offer any Tailor Made Tours through the Company from time to time then the relevant provisions of these terms and conditions shall apply. If we quote a price for a Tailor Made Tour which is based upon a specified number of individuals then, in the event of the size of the group increasing or decreasing in size, we may alter our quoted price accordingly to reflect the revised numbers.

Any changes made following the issue of your booking confirmation may be subject to an administration fee, which is at the discretion of the Company. The fee is typically 10% of the total cost of the tour, and may be subject to any costs or charges incurred or imposed by any of our suppliers.

Where a booking is made, a 50% deposit will be required to secure the booking. Final balance (50%) is due 31 days before the tour takes place.

Shore Excursions

The guest accepts that Tour Skye in selling tickets, coupons or vouchers or making arrangements for Shore Excursions, acts as agent only for others who operate such services and has no responsibility for the performance of the Shore Excursions herein specified.

Tour Skye undertakes to use its best endeavour to ensure that a Shore Excursion is performed as advertised. However, the passenger accepts that in certain circumstances and for reasons beyond the control of Tour Skye of whatsoever kind or nature it may be impractical, unwise, or impossible for the Shore Excursion to be performed. The decision to abandon or withdraw any Shore excursion is to be taken at the sole discretion of Tour Skye but always taking into account the safety and convenience of the passenger. Tour Skye shall in no event be liable to the passenger in respect of occurrences prior to embarkation and after disembarkation from the vessel.

Shore Excursions are subject to cancellation or modification, depending on the number of guests participating. In the event of a tour cancellation or modification, advance notice will be given by e-mail. Certain tours have a minimum booking requirement, or must be limited to a maximum number of participants.

The itineraries are expected by Tour Skye to be as advertised, but Tour Skye reserves the right to change such itineraries or to omit any place or places or to alter the advertised sequence of the tour in accordance with the conditions and circumstances prevailing at the time of the tour with or without previous notice. Any such change, omission, or alteration made by Tour Skye shall be made at their sole discretion but always bearing in mind the safety, convenience and/or best interests of the passenger.

Passengers are advised to leave their baggage and all items of value on board the vessel. Tour Skye accepts no responsibility for any loss of, or damage to, any such baggage, or item of value occurring during or relative to the Shore Excursion(s) specified on the face hereof.

Tour Skye is committed to local operators in respect of reservations made. Tour Skye hereof must therefore receive notice of any cancellation before the closing date and hour of the Shore Excursion(s) published, failing which a refund can only be made in the event of the ticket being resold. In the event, however, of the Shore Excursion(s) having to be cancelled in accordance with Clause 2 hereof or for any other reason, Tour Skye will refund in full the monies paid and upon tendering such refund to passengers, Tour Skye shall be free of all liability in respect thereof.

The Shore Excursions, transfers and shore tour packages are operated by independent contractors. Neither Tour Skye nor any of its subsidiaries, affiliates, parent or their respective employees, directors, agents or contractors shall be responsible in any way for any damage, loss, injury or death arising out of any services provided by such independent contractors. The responsibility of the Tour Skye entities does not extend beyond the vessel and all arrangements made for or by the passenger for shore side excursions, transportation or activities are at the passengers risk.

Please remember you have up to 24 hours prior to your sail date to purchase your Tour Skye Shore Excursions on-line. If you are within the 24 hours, you will then need to purchase your Shore Excursions on board of the Bus.

Changes by Us

While the Company shall do everything reasonably possible to provide your tour itinerary and/or services as planned, the Company reserves the right to alter itineraries, transport or accommodation if required to do so. In the case of accommodation, a similar standard of accommodation will be obtained wherever possible. The majority of any such alterations will be minor and we will try to advise you of them at the earliest possible date.

In the unlikely event, however, that we are required to significantly alter a material part of your tour, we will notify you of this as quickly as possible in order to enable you to decide how you wish to proceed. In such event you will be entitled:-

  1. to take an alternative tour of equivalent or superior quality, if we are able to offer that, or
  2. to take a substitute tour of lower quality if we are able to offer that (in which event the difference in price between the original and the substitute tour will be refunded to you); or

iii. to cancel your booking and obtain a full refund of all monies paid by you.

Please be aware that the nature of travel involves risks and unpredictable weather and road conditions and we cannot, therefore, guarantee any departure or arrival times at any particular points of a tour itinerary.

Changes by You

If you wish to change any part of your confirmed booking, you should inform us in writing as soon as possible. This should be done by the lead passenger named on the booking. Whilst we will do our best to assist you, we cannot guarantee that we will be able to meet your request.

Where we can meet a change request made by you, any changes made may be subject to an administration fee (as advised by the Company – see above regarding Tailor Made Tours). In addition, you may also be required to meet any extra costs incurred by us (and any costs or charges incurred or imposed by any of our suppliers) in making the requested change. Where we are unable to meet your change request and you no longer wish to travel on the basis of the original booking, this will be treated as a cancellation of your booking and cancellation charges may be payable by you, as outlined in these terms.

If, once your booking is confirmed, you are unable to travel for any reason then we will allow you to transfer your booking to someone else (introduced by you, and who satisfies all of the conditions applicable to the booking) provided that:-

  1. we are notified of this in writing at least 7 days prior to departure;
  2. an administration fee per person transferring (as advised by the Company) is paid;

iii. you and/or the transferee make payment of any costs and charges incurred by us and/or imposed by our accommodation providers or other suppliers, and

  1. the transferee agrees to these conditions and all other terms of the contract between us.

For the avoidance of doubt, no transfer requests or changes will be finally confirmed until full payment of all applicable charges referred to above have been received by the Company.

Cancellation by Us

We will only cancel tours due to unavoidable and extraordinary circumstances which are outwith our control or which might jeopardise your safety. If we cancel your tour then we will notify you as soon as possible and we will always refund you, in full, for all sums paid by you.

Cancellation by You

If you wish to cancel your booking after our booking confirmation has been issued, you should inform us in writing as soon as possible – the effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges may be payable, as set out below.

One Day Tours, Half-Day Tours:

For one day tours, half-day tours (being single day tours with a specific itinerary, which are available for booking on scheduled dates from scheduled departure points, together “sightseeing tours”), the following cancellation charges shall apply (depending on the effective date of cancellation):-

  1. cancellation more than 21 days before the tour departure: 10% of the tour price;
  2. cancellation less than 21 days before the tour departure: 100% of the tour price;
  3. in the event of a ‘no show’ you will be charged 100% of the tour price.

Extended Tours:

For all extended scheduled tours (being tours of more than one day, with a specific itinerary, which are available for booking on scheduled dates from scheduled departure points “extended tours”) , the following cancellation charges shall apply (depending on the effective date of cancellation):-

  1. cancellation more than 21 days before the tour date: 10% of the tour price;
  2. cancellation less than 21 days before the tour date: 100% of the tour price;
  3. in the event of a ‘no show’ you will be charged 100% of the tour price.

Cancellation of an extended tour may also result in you becoming liable for cancellation charges in respect of any accommodation booked by the Company on your behalf, as outlined above under “Accommodation and Other Services”.

Tailor Made Tours:

Standard cancellation terms for Tailor Made Tours are as follows*:

  1. cancellation more than 13 weeks / 91 days before the tour date: 0% of the price;
  2. cancellation between 90 and 65 days before the tour date: 20% of the price;
  3. cancellation between 64 and 35 days before the tour date: 70% of the price;
  4. cancellation less than 35 days before the tour date: 100% of the price;
  5. in the event of a ‘no show’ you will be charged 100% of the price.

*Please note however, that the standard cancellation terms above may differ depending on the cancellation terms of any third party supplier providing any element of your Tailor Made Tour. The standard terms above are therefore subject to any variations advised at the time of quoting the price of your Tailor Made Tour.

Missed Departures

You are responsible for ensuring that you have all necessary passports, visas and other travel documents and that you are at the correct departure point at the correct time. We cannot accept any responsibility for your failure to do so, nor any costs or expenses incurred as a result of you failing to do so (which will be treated as a cancellation by you). No monies will be refunded for any missed departures or unused services.

Refusal of Travel

The Company reserves the right to refuse to carry any person whose conduct or manner is likely to cause offence or upset to other passengers. The Company also reserves the right to refuse travel to any person who is experiencing medical symptoms likely to cause ill health to others. It is therefore vital that you ensure that you are fit to travel on the departure date.

In either of the cases mentioned above, full cancellation charges shall be applied by the Company and the Company shall have no further liability to that passenger or to any person travelling with them.

Our Liability and Actions of Suppliers

Many of the aspects of your holiday experience (of which your tour may form part) are provided by independent suppliers, who provide such products and services on the basis of their own terms and conditions. In particular, tickets for travel on other carriers are subject to the normal conditions of carriage of the individual carrier. The Company may share your personal information with other carriers insofar as necessary to enable products and services to be provided.

The Company will not accept or have any liability for any acts or omissions (whether negligent or otherwise) of any supplier or person providing services in connection with any tour unless such a person is employed by or under the direct control of the Company. Although we will use reasonable skill and care in verifying descriptions and other information provided by third party suppliers, we cannot guarantee that all such information is accurate, complete or correct and each such supplier remains responsible for the accuracy, completeness and correctness of the information provided to us by them.

This does not, however, affect your statutory rights under the 2018 Regulations, if applicable to your booking.

If we are found liable to pay you compensation, then (subject to the following paragraphs) the maximum amount which we will be liable to pay to you in respect of any claim shall be limited to two times the price paid to the Company for your booking, in total. This limitation shall not apply to any claims relating to death or personal injury or fraud or negligence (or any other type of claim that cannot be excluded or limited at law). You must notify us of any potential claims under this provision at the earliest opportunity.

The Company shall not be liable for unforeseeable or indirect losses . We will not be responsible for, nor will we be liable to pay compensation for, any loss, cost, damage or claim to the extent that it results from:-

  1. any act and/or omission by you;
  2. the act or omission of any third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;

iii. unusual or unforeseeable circumstances beyond our (or our suppliers’) control, the consequences of which could not have been avoided even if all due care had been taken; or

  1. any event which either we or our suppliers could not, even with all due care, have foreseen or forestalled.

The Company cannot assume responsibility for any costs incurred for any travel arrangements purchased separately from the Company.

Tour Skye’s Tours that include Rail travel

In the case of delayed or cancelled train services:

If your train is delayed by more than 15 minutes, or is cancelled, please contact Tour Skye and we will provide assistance in arranging public transport alternatives.

Missed Departures:

We are not liable for compensation due to missed train departures. You can contact Tour Skye for assistance in this case.

Ticket Collection:

Please note, once your train ticket has been collected, it is non-amendable and non-refundable unless the service is cancelled or delayed.

We recommend arriving 45 minutes prior to your departure to allow enough time to collect your ticket and locate your platform.

Please refer to our supplier Terms and Conditions and for further train service details see:

https://www.virgintrains.co.uk/terms-conditions

https://www.scotrail.co.uk/terms-conditions#

Special Requests

Any special requests should be advised to us at the time of booking. Whilst we will try to accommodate your reasonable special requests, we cannot guarantee that they will be fulfilled and failure to meet any special request will not be a breach of contract on our part. Where appropriate, we will pass any special requests on to your accommodation provider(s), but we cannot be held responsible for their failure or inability to meet your request. Please also be aware that some accommodation providers may make an additional charge (payable locally) depending on the nature of your request. We regret that we cannot accept bookings which are conditional on any special request being met.

Disabilities and Medical Problems

We will try to accommodate disabilities and medical problems where we can but please be aware that many of our tours may not be suitable. If you or any member of your party has any disability or medical problem which may affect their ability to travel on our tour then please provide us with full details at the time of making your booking enquiry, so that we can advise you as to the suitability of your chosen arrangements. If we are not informed of any disabilities or medical problems in this way then we cannot be held responsible for any cost or inconvenience incurred if we are unable to accommodate you or any member of your party.

If, acting reasonably, we are unable to accommodate the needs of the person(s) concerned then we will not confirm your booking or (if you did not give us details of the disability or medical problem at the time of making the booking request) we shall be entitled to cancel your booking and to levy the relevant cancellation charges.

Children

We regret that we do not carry children under the age of 6 on our scheduled tours (which includes, one-day, half-day, city tours and extended tours). Passengers aged 6-15 years old need to be accompanied by an adult. Child prices will vary depending on, for example, the policies of relevant accommodation providers or other suppliers. Please enquire about this at the time of making your booking enquiry.

Luggage

As we operate our tours in mini-coaches our luggage space is limited and we operate under strict legal weight regulations for safety reasons.

Unless otherwise notified, passengers are restricted to one medium sized suitcase/bag similar to airline standard carry-on luggage, with a maximum weight of 14kg (31lbs).

As a guideline, the dimensions should be approximately 55cm x 45 x 25 (22ins x 17 x 10). You can also bring a small, lightweight bag for personal items to carry with you on the vehicle.

As this is a legal requirement, we reserve the right to refuse to carry luggage over this weight/size and may refuse travel for passengers who do not have arrangements in place to store excess baggage.

Luggage is carried free of charge but at the passenger’s own risk. It is the passenger’s responsibility to ensure that luggage is fit for travel, i.e sturdy and waterproof. Travellers have to be able to lift their own luggage. You may have to carry your bag to and from your accommodation.

Smoking

Smoking (including e-cigarettes) is not permitted on coaches but there are frequent stops en route for those passengers who wish to smoke.

Complaints

We actively welcome your feedback, both in respect of our own services and those provided by other suppliers (such as accommodation providers). In the event that you have any complaint during the course of your tour then please bring this to the attention of your driver or tour guide as soon as possible, and we will endeavour to resolve the matter to your satisfaction. Any complaints regarding accommodation should, in the first instance, be raised with the relevant accommodation provider.

Insurance

The Company strongly recommends that passengers arrange suitable travel, medical and cancellation insurance.

Data Protection

We take your privacy seriously and will always endeavour to process your personal information in accordance with applicable data protection laws. In order to process your booking and to ensure that your travel arrangements run smoothly, we will need to use the personal information which you provide to us (such as your name, address, contact details, any special requirements etc). Where you have consented, we may also use the information provided to keep in touch with you and to advise you of the Company’s products and services (including special offers) from time to time. We may also pass personal information on to third parties (such as accommodation providers or other suppliers relevant to your booking) where necessary and where appropriate measures are in place. We will not, however, pass your information on to anyone who is not involved in providing (or arranging the provision of) any product or service related to your booking.

Website Links

Where our websites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or of any information you may obtain from them. You must not establish any link to our websites unless we have given our express written approval of this.

Website and Media Content

You consent to us using images and videos of you taken during the tour for advertising and promotional purposes in any medium we choose. Our websites may include information and materials (including photographs) uploaded by other users of the websites, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our websites do not represent our views or values. If you wish to complain about information or materials uploaded by other users please contact us at contact@tourskye.com

Whenever you make use of a feature that allows you to upload content to our websites, or to make contact with other users of our websites, you must comply with the following content standards in respect of any and all material which you contribute to our websites (contributions), and to any interactive services associated with it. Contributions must (i) be accurate (where they state facts), (ii) be genuinely held (where they state opinions), and (iii) comply with applicable law in the UK and in any country from which they are posted. Contributions must not (i) contain any material which is defamatory of any person, (ii) contain any material which is obscene, offensive, hateful or inflammatory, (iii) promote sexually explicit material; (iv) promote violence or any illegal activity, (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (vi) infringe any intellectual property rights of any other person, (vii) be likely to deceive any person or to misrepresent your identity or affiliation with any person, (viii) be threatening, abusive or invade another’s privacy, or be calculated or likely to harass, upset, embarrass, alarm or annoy any other person, (ix) give the impression that they emanate from us, if this is not the case.

You warrant that any such contribution shall comply with our content standards, and you will be liable to us and shall compensate us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty and non-compliance with our content standards.

Any testimonials, photographs or content (which you upload to our websites or otherwise) will be considered non-confidential and non-proprietary (unless expressly stated by you in writing to contact@tourskye.com). You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content and to distribute and make it available to third parties. Uploading your content shall automatically grant us a perpetual, worldwide, royalty-free, non-exclusive licence to use, reproduce, distribute and display such content for such purposes as we may reasonably require including, without limitation, for use in our marketing materials and publicity.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our websites constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make or content you upload on our websites if, in our opinion, your post does not comply with the content standards set out above. We may also impose restrictions on the amount of content which can be uploaded at any time.

You are solely responsible for securing and backing up your content.

We are not responsible for viruses and you must not introduce them.

Promotional Codes

The Company (or third parties on our behalf) may from time to time issue promotional codes for use in booking our tours, which may provide a discount on the price of your booking. Promotional codes shall be valid only during the dates stated (and for the tours/departure points stated) and may only be valid for bookings made by you directly through our website and/or by phone. Promotional codes are not redeemable for cash and may be withdrawn by the Company at any time, in its discretion. Promotional codes may not be used in conjunction with any other offer. All tours are subject to availability.

Force Majeure

Unless expressly stated otherwise in these terms and conditions, we will not have any liability to you if we are prevented from fulfilling our contractual obligations to you as a result of any event which is outwith our control (and/or outwith the control of the supplier or provider of the service in question). Such events may include (but are not limited to) war or threat of war; terrorist activity or the threat of terrorist activity; civil commotion or riot; any action taken by a governmental or public authority; industrial disputes; collapse of buildings, fire, explosion or accident; traffic or road conditions or road closures; technical or mechanical breakdown; adverse weather conditions; natural disasters and all similar events or circumstances.

Enforceability of Terms

If any provision of these terms and conditions is found to be illegal or unenforceable, that shall not affect the validity and enforceability of the remainder of these terms and conditions.

Governing Law and Jurisdiction

To the extent permitted by law, these terms and conditions shall be governed by and construed in accordance with Scots law and any matter or claim arising from them shall be dealt with only by the Scottish courts (save that you may choose the law and the courts of England, Wales, Northern Ireland or Eire if you live in any of those places and wish to do so). This does not affect your rights as a consumer to benefit from any mandatory provisions of the law of the country in which you are resident.

If you would like to bring a matter to our attention, please contact us at contact@tourskye.com