Terms and Conditions

Booking Conditions

The following Booking Conditions and any other written information we brought to your attention before we confirmed your booking form the basis of your contract with Golfinscotland.de Ltd, trading as Golfinscotlandm.de Ltd., 11 Crichton Street, KY10 3DE, Anstruther, Scotland. Please read them carefully as they set out our respective rights and obligations.  

Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”,  “booking”, “contract”, “package”,  “tour” or  “arrangements” mean such holiday arrangements unless otherwise stated.

In these booking conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires.  “We”, “us” and “our” means Golfinscotlad.de Ltd. 

 1. Making a booking

 By making a booking, every person on the booking agrees that:

1. He/she has read these Booking Conditions
2. He/she consents to our use of personal data in accordance with our Privacy Policy - including where applicable, special categories of data (such as information on health conditions or disabilities and dietary requirements)
3. He/she is over 18 years of age.
4. He/she accepts financial responsibility for payment of the booking.

Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation invoice. This invoice will be sent to you and has to be paid within two weeks. If you believe that any details on the booking confirmation or any other document are wrong, you must  contact us immediately as it may not be possible to make changes later.  We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within ten days of our sending it out.  We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. 

2. Payment

In order to confirm your chosen holiday, a deposit (or full payment if booking within 89 days of departure) must be paid at the time of booking. 

The balance of the holiday cost must be received by us not less than 40 days prior to departure. This date will be shown on the invoice.  If we do not receive all payments due (including any surcharge where applicable) in full and on time, we reserve the right to treat your booking as cancelled by you, in which case the cancellation charges set out in clause 6 below, will become payable.

3. Contract

A binding contract between us comes into existence when we issue our confirmation invoice to you.  We both agree that Scottish Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) (except as set out below). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA Alternative Dispute Resolution Process (if the process is available for the claim in question and you wish to use it – see clause 13) or by the Courts of Scotland.

 

4. If you change your booking

If, after your confirmation has been issued you wish to make changes to your confirmed holiday, you must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests.  Where we can, an amendment fee of £50.00 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.  You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges in accordance with clause 5 of these Booking Conditions, will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.   

5. If you cancel your holiday before departure

You may cancel your holiday at any time and it is received by us in writing. As we incur costs from the date we confirm your booking we will retain your deposit and in addition apply cancellation charges up to the maximum amount shown below. The amount of cancellation charge shown is a percentage of the total holiday price. These charges are calculated from the date we receive your written notification at our offices.

Period before departure in which we receive your notification	Cancellation charge payable
More than 89 days	30%
Between 88 and 31 days	50%
Between 30 and 15 days	75%
14 days or less	100%

 

Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. 

6. If you have a complaint

In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform us in the UK using the contact details we have provided you with during your holiday, giving us full details and a contact number. Until we know about a complaint or problem, we cannot begin to resolve it. 

If you remain dissatisfied, however, you must notify us in writing within 14 days of the completion of your holiday and this must be to us at the address detailed in paragraph one of these Booking Conditions.

You must quote your booking reference number, holiday number and departure date. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability in respect of any complaint or claims which are not notified to us in accordance with this clause. If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.  

7. If we change or cancel your holiday

The arrangements for holidays are made many months in advance. Accordingly, we must reserve the right to make changes to brochure and holiday details both before and after your booking has been confirmed. Most of these changes will, however, be insignificant. 

Changes: If we make an insignificant change to your holiday, we will make reasonable efforts to notify you as soon as is reasonably possible before your departure but we will have no liability to you. Examples of significant changes include the following when made before departure; 

1. a change of accommodation to that of a lower official classification or standard for the whole or a significant part of the time you are away;
2. a change of accommodation area for the whole or a significant part of the time you are away, 
3. a change of outward departure time or overall length of your arrangements by more than 12 hours,

Cancellation: 

We will not cancel your travel arrangements less than 89 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if e.g. the minimum number of clients required for a particular travel arrangement is not reached.

If we have to make a significant change or cancel, we will tell you as soon as possible and, if there is time to do so before departure, we will offer you the choice of;

1. (for significant changes) accepting the changed arrangements; or
2. Having a refund of all monies paid; or
3. Accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost), or;
4. If available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements.

You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.

Compensation

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below, in the following circumstances;

1. If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
2. If we cancel your booking and no alternative arrangements are available

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

 

Period before departure in which we notify you	Compensation per person
Over 89 days	NIL
Between 29 and 88 days	£10
Between 15 and 28 days	£15
Between 8 and 14 days	£20
7 days or less	£25

 

*IMPORTANT NOTE; We will not pay you compensation in the following circumstances:

a) where we make an insignificant change

b) where we make a significant change or cancel your arrangements more than 89 days before departure

c) where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;

d) where we have to cancel your arrangements as a result of your failure to make full payment on time;

e) where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;

f) where we are forced to cancel or change your arrangements due to Force Majeure (see clause 12) 

If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

8. Force Majeure

Except where otherwise expressly stated in these Booking Conditions, we regret we cannot accept liability or pay any compensation if our contractual obligations to you are affected by “Force Majeure” In these booking conditions, "force majeure" means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures has been taken. Such events may include actual or threatened war or terrorism, riot, civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include changes to the visa requirements. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

9. Our responsibility to you

(1) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -

 ‑ the act(s) and/or omission(s) of the person(s) affected

 ‑ the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unavoidable and extraordinary; or

 ‑ 'force majeure' as defined in clause above

(2) Please note, we cannot accept responsibility for any services which do not form part of our contract.  This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see clause 11 “Excursions”. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

(3)   The promises we make to you about the services we have agreed to provide or arrange as part of our contract will be used as the basis for deciding whether the services in question had been properly provided.  If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.  This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.  

(4) As set out in these booking conditions, we limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which you are required - also to have adequate insurance in place to cover any losses of this kind. 

(b) For all other claims which do not fall under (a) above and which don’t involve death, illness or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is up to 3 times the price  paid by you. This maximum amount will only be payable where everything has gone wrong.

(c)  Claims in respect of international stay in a hotel: 

(i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention for international travel by air the Athens Convention for travel by sea, The Berne/Cotif Convention with respect to all rail travel and the Paris Convention with respect to hotel arrangements.   You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’ You acknowledge that all of the terms and conditions contained in those ‘Conditions of carriage’ form part of your contract with us, as well as with the transport company and those ‘Conditions of Carriage’ shall be deemed to be included be reference into this contract.. 

(ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses including self-employed loss of earnings.

(8) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. 

10. Special requests and medical conditions / disabilities

If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part.  Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied (where it is possible to give this) where it is important to you. 

We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request.  All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. 

If you have any medical condition or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking.  In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed.   If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition / disability develops after booking, cancel when we become aware of these details and cancellation charges as set out in clause 5 may apply. 

11. Prompt Assistance in Scotland

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractor, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier or transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Booking Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you  or otherwise through your negligence.

12. Brochure / website / advertising material accuracy

The information contained in our brochure, on our website and in our other advertising material is believed correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. 

13. Safety Standards

Please note, it is the requirements and standards of the UK in which any services, which make up your holiday are provided which apply to those services.