Terms & Conditions

1. THE COMPANY: Your contract is with Moray Coach Tours., 13 Craigenroan Place Portessie Buckie AB56 1SU referred to as “we” and “us” in these conditions, which form part of the contract. By making a booking you agree to these conditions. If you had not seen these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them, please return all documents to us within 7 days of receipt of this document. If you do, your booking will be cancelled and your monies returned in full.

2. PAYMENT: Your booking must be made with the appropriate deposit (or full payment if the booking is within six weeks of departure), . The booking is not confirmed until the date shown on your confirmation/invoice, which is when this contract comes into existence. We will send you a confirmation/invoice normally within seven days of our receiving the booking and deposit (or full payment). This will confirm details of the booking and show any outstanding balance. Usually the balance of your holiday cost must be paid no later than six weeks before departure. The date for any further deposit payments (if applicable) and the final payment is shown on the confirmation/invoice. No reminder will be sent. If the balance is not received by the due date then we reserve the right to cancel your booking, and levy cancellation charges, as set out below. Please note that a 2.75% administration charge will be added to all balances paid by credit card. A charge is not made if you are paying a deposit or if you pay in full when booking.

3. IF YOU CANCEL YOUR BOOKING: Cancellation is only effective when written notice of your wish to cancel is received in our office from the person who made the booking. We will charge a cancellation fee according to the scale shown below. Period before scheduled departure date within which written instructions are received by Moray Coach Tours. Cancellation fee shown as a % of holiday costs (excluding insurance premium)

Prior to 42 days before departure - Deposit only

28 - 42 days 30% of the total holiday cost.

14 - 27 days 45% of the total holiday cost.

7 - 13 days 60% of the total holiday cost.

0 - 6 days 100 % of the total holiday cost.

4. IF YOU CHANGE YOUR BOOKING: If you want to amend your booking we will do our best to help. We will, however, make an amendment charge of £20 per person (maximum £80 per booking form per amendment), together with any further costs we incur in making the alteration. You should be aware that these costs could increase the closer to the departure date that changes are made. All amendments must be confirmed to us in writing by the person who made the booking. Please note that if the booking amendment involves a change of name, insurance premiums are not transferable.

5. IF WE CANCEL YOUR BOOKING: For some holidays a minimum number of passengers is required for a tour to operate. Cancellations by us may sometimes be necessary and we reserve the right to cancel your holiday in any circumstances. In this event, except when the cancellation is as a result of your failure to pay the balance when due, you will be offered the choice of an alternative holiday (if available) or a full refund of all monies paid. No compensation shall be made for concelling your holiday in whole or in part.

6. PRICE POLICY: We reserve the right to increase or decrease advertised prices at any time prior to you booking. Once booked, the price of your holiday can be varied due to changes in transportation costs such as fuel, government action, and currency. In the case of small variations, an amount equivalent to 2% of the holiday price excluding insurance premiums and any amendment charges will be absorbed or retained. For larger variations, this 2% will still be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1 per person. If this means that you will have to pay an increase of more than 10% of the holiday price, you will have the option of accepting a change to another holiday if we have one, or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel because of this, you must do so within 14 days from the issue date printed on the invoice.

7. SPECIAL REQUESTS: Please advise us in writing at the time of booking of any special requests relating to rooms, seating on board the coach, health/dietary requirements etc. We will try to meet these requests wherever possible but cannot guarantee to do so as these are often dependent upon our suppliers and they do not form part of the contract between you and us. The noting of a special request on the confirmation/invoice does not necessarily signify confirmation that the special request will be complied with. It is particularly important that we are advised in writing of any disabilities or medical conditions which may affect your holiday, as coaches can be difficult to get on and off and some of our hotels do not offer ground or lower floor accommodation or lifts/easy access, although we will do our best to accommodate those that are handicapped or have restricted mobility.

8. DATA PROTECTION POLICY: Please be assured that we have measures in place to protect the personal booking information held by us. This information will be passed on to the relevant suppliers of your travel arrangements. The information may also be provided to public authorities such as customs or immigration if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies. We will only pass your information on to persons responsible for your travel arrangements. This applies to any sensitive information that you give us such as details of any disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Full details of our data protection policy are available on request.

9. HEALTH AND TRAVEL ADVICE: To keep up to date with the latest health and travel advice, we recommend the following government agency websites: www.fco.gov.uk/travel for Foreign Office travel advice, and www.doh.gov.uk for information from the Department of Health.

10. RIGHTS OF REFUSAL AND INDEMNITY: We expect our clients to have consideration for their fellow passengers. If you behave in such a way as is likely, in our opinion or the opinion of any person in authority, to cause offence, danger, damage or distress to others, we reserve the right to terminate your holiday arrangements. In this event, our responsibility for your holiday will immediately cease and we will not be liable for any costs or expenses incurred by you as a result. Full cancellation charges will apply and we will be under no obligation whatsoever for any refund, compensation or loss you may incur. If your actions or those of any member of your party cause damage to the accommodation in which you are staying or to the vehicle, train, ship or aircraft in which you are travelling, or cause delay or diversion to any means of transportation, you agree to fully indemnify us against any claim (including legal costs) made against us by or on behalf of the owners of such accommodation or the operator of such means of transportation.

11. TRAVEL BY AIR AND WATER:

(a) If your holiday involves travel by air and/or water we will use carriers (such as airlines or shipping companies) to enable that travel to take place. The carriers’ conditions of carriage will apply to such travel and they form part of the contract between you and us. A copy of the relevant carrier’s conditions for your holiday is available from us upon request. However, you should be aware that the conditions of carriage will limit the circumstances in which and the amount of compensation that can be claimed. In certain cases, liability to pay compensation may be excluded.

(b) In the case of travel by air, the conditions will incorporate limits and exclusions set by the Warsaw and/or Montreal Conventions. These limit the time for making a claim to two years and limit the amount of compensation that can be recovered both for damages for personal injury and other damage. In the case of personal injury, damages can only be claimed for “bodily injury” and this does not include psychological or psychiatric injury. Furthermore the amount that can be claimed is limited in most cases to about £81,000. It is also possible for the carrier to rely upon certain defences, such as showing it took all necessary measures to avoid the damage, or that the damage was caused or contributed to by you. These too, may limit the amountof compensation that is payable or mean that no compensation is payable.

(c) In the case of travel by water, the conditions will incorporate limits set by the Athens Convention. The Convention limits the time for making a claim to two years and limits the amount of compensation payable both for damages for personal injury and other damage in similar ways to the Warsaw and Montreal Conventions. Defences are also available which will reduce the amount of compensation payable or mean that no compensation is payable. You should ensure that you have adequate insurance for personal possessions as liability for loss of these items is excluded in most circumstances.

(d) In all cases our liability shall be limited to the extent that we would have to pay damages if we were the carrier itself.

12. IF YOU HAVE A COMPLAINT: In the unlikely event that you feel dissatisfied with your holiday, please inform the relevant supplier (e.g. your hotelier) and our representative immediately, so that the matter may be resolved straightaway. If the matter cannot be resolved on the spot please ask our representative for a Holiday Report Form which you must complete immediately. One copy will be given to you to keep, and one copy will be sent to our Head Office. Please follow up your complaint in writing within 28 days of your return from holiday. We will deal with your complaint promptly, carefully and fairly, but if you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint at the time and this may affect your rights under this contract. If a dispute arising out of this contract cannot be settled amicably you can refer to arbitration under a special Scheme arranged by ABTA, administered independently by the Chartered Institute of Arbitrators. The scheme (details of which are supplied upon request) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability in respect of costs. The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration must be made within nine months of the date of return from the holiday, except if we agree otherwise.

13. TIME KEEPING / PUNCTUALITY You are responsible for your own time keeping. Other than the written time on your travel ticket, all other departure times will be given to you by the driver or escort. It is then your responsibility to ensure that you are at the point of pick up at the time stated to you. No refund or compensation will be given for those missing their departure due to lateness. When on Continental holidays it is your responsibility to ensure that you are carrying the correct travel documents including your passport, visas where necessary, travel insurance documents, E111 document and any supporting medical notes from your doctor where necessary. No refund or compensation will be given to those who are not travelling with the correct documentation and as a result are refused travel or suffer loss.

Terms & Conditions of booking your tour package with

Moray Coach Tours