Experience Scotland’s Wild Ltd
Terms and Conditions
Our Commitment to you
Your tour with us will be organised and sold subject to the following terms and conditions.
These Booking Conditions, together with our Privacy & Cookie Policy (found here) and any other written information we brought to your attention before confirmation of your booking (such as in emails, messaging apps or other written forms), form the basis of your contract with Experience Scotland’s Wild Ltd, company number SC 508178 (hereinafter referred to as “our”, “we”, “us” or “ESW”).
Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to the client (hereinafter referred to as “you” “your” “they”) include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
References to “departure” means the start date of the arrangements you have contracted with us.
Definitions:
(1.1) Private Tour means any tour for any duration, fully customised and created especially for just you and/or your group. This includes the services of a Driver/Guide and vehicle. You will be paying for the total cost of the trip with no other clients able to book onto and contribute to your Private Tour. A private tour may also be a package tour if it last over 24 hours or includes accommodation in the cost you pay directly to us, see section 1.4 below. A Private tour may also be a Linked Travel Agreement if we help you organise or organise on your behalf another travel service which you pay direct to the external provider. See section 1.5 below.
(1.2) Single Day Group Tours means any of our current or future scheduled tours, departing from any location, on a specific date lasting for less than 24 hours from tour start time until the tour end time. The services of vehicle and driver/guide are provided for this tour. You will only be paying for you and/or your groups contribution towards the total cost of the tour.
(1.3) Multi-Day Group Tours means any of our current or future scheduled tours, departing from any location, on a specific date, lasting more than 24 hours and lasting as many days as we’ve scheduled. The services of vehicle and driver/guide are provided for this tour. You will only be paying for you and/or your groups contribution towards the total cost of the tour. A Multi Group tour may also be a package holiday if it last over 24 hours or includes accommodation in the cost you pay directly to us, see section 1.4 below. A Multi Group tour may also be a Linked Travel Agreement if we help you organise or organise on your behalf another travel service which you pay direct to the external provider. See section 1.5 below.
(1.4) A package holiday means a tour lasting at least 24 hours or involve overnight accommodation and is a combination of at least two different types of travel services, which are listed below:
(a) transport (such as, but not restricted to, a flight, coach or train but not transfers from an airport)
(b) accommodation (such as, but not restricted to, a hotel, villa or apartment)
(c) car rental
(d) a tourist service (such as, but not restricted to, theme park tickets, tours, passes or equipment for sports such as skiing) where this is a significant part of the holiday, either because of its value or because it is an essential part of the trip.
(1.5) Linked Travel Arrangement means there has been the sale of at least two different types of travel services made within 24 hours with the arrangement of at least two separate payments made for each of your travel services.
Types of travel services covered by a linked travel arrangement:
(a) transport (such as, but not restricted to, a flight, coach or train but not transfers from an airport)
(b) accommodation (such as, but not restricted to, a hotel, villa or apartment)
(c) car rental
(d) a tourist service (such as, but not restricted to, theme park tickets, tours, passes or equipment for sports such as skiing) where this is a significant part of the holiday, either because of its value or because it is an essential part of the trip.
For more information on what is a Package Holiday and what is a Linked Travel arrangement, please visit this website here
2. Booking and Payment
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
(a) they have read these Terms and Conditions and have the authority to and agrees to be bound by them;
(b) they consents to our use of personal data in accordance with our Privacy and Cookie Policy (found here) and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as, but not limited to information on health conditions, disabilities and dietary requirements);
(c) they are over 18 years of age and where placing an order for services with age restrictions declares that they and all members of the party are of the appropriate age to purchase those services;
(d) they agree to our no-show policy as per condition 19 and our cancellation terms at condition 3;
(e) they accept that where they are not resident within the United Kingdom or within the European Union, certain rights which are afforded to such residents, may not be afforded to themselves- please see conditions 24 and 25 for further information; and
(f) they accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Booking can be requested on our website, through email, telephone call, booking form or any other direct means of communication with an authorised member of the ESW team. Booking will be confirmed and accepted in respect to all persons travelling when we issue a confirmation invoice or correspondence. All balances must be paid in full by the dates shown on your invoice and any correspondence. Failure to do so may result in the cost increasing or cancellation of the booking. All prices are in pound sterling.
A booking is made with us when you pay us the required amount to secure your trip (see information below)
On certain occasions, such as the requirement or request to book certain activities or accommodation, due to suppliers Terms and Conditions, we request a larger amount of a deposit. This would be agreed with yourself before booking.
Please Note: It is your responsibility to check spam or junk folders for confirmation emails if you have not received them in your main inbox and to let us know if you have not received a confirmation email within 24 hours of making payment.
Please note: we reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion.
If we do not receive the requested balance in full and on time, we reserve the right to treat your booking as cancelled by you and in which case the cancellation charges set out below in condition 3 will become payable.
3. Cancellation by you
3.1 Cancelling Private Tours of any duration
Any cancellation by you must be made in writing, by email. Only the person who made the booking may cancel the booking. If you cancel your Private Tour:
(a) 61 or more days before the start date of your Private Tour, you must pay 25% of your total price
(b) From 60 to 31 days before the start date of the Private Tour, you must pay 50% of your total price
(c) 30 days or less, including on the day of the Private Tour, you must pay 100% of your total price
(d) Should one or more member of your group cancel, it will increase the per person cost of those still travelling and you will be liable to pay this increase.
Please note that certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above, regardless of when the trip is cancelled. If this is the case, we will show evidence of lost money
3.2 Cancelling Single Day Group Tours
Any cancellation by you must be made in writing, by email or by a letter sent using a “signed for” method of postage. Only the person who made the booking may cancel the booking. If you cancel your Single Day Group tour:
(a) Any Cancellation of a single day group tour, 8 or more days before the tour start day, you will be issued a full refund.
(b) Cancelling between 3 and 7 days before the tour start date, you must pay 50% of the total booking cost.
(c) Cancelling less than 3 days before the tour start date, you must pay 100% of the total booking cost.
(d) In the event of not showing up for your single day group tour for the Tour Check-in time, you will be charged 100% of the total booking cost.
3.3 Cancelling a Multi Day Group Tour of any duration
Any cancellation by you must be made in writing, by email or by a letter sent using a “signed for” method of postage. Only the person who made the booking may cancel the booking. If you cancel your Multi-Day Group tour:
(a) Any Cancellation of a multi-day group tour, 16 or more days before the tour start day, you will be issued a 90% refund of the total tour cost.
(b) Cancelling 15 days or less, you must pay 100% of your total tour cost.
(c) In the event of not showing up for your multi-day group tour, you will be charged 100% of the tour cost.
3.4 Cancelling your Linked Travel Agreement Accommodation
If you do not arrive for your Multi Day Tour for the Tour Check-in time and we need to leave without you or you cancel your tour with us outwith the Terms and Conditions for a full refund with the accommodation provider, you agree to get in touch with the accommodation provider and pay your balance. If you do not do this within 24 hours of your expected arrival date with the accommodation provider, then you consent to allow us to charge your card the amount due to the accommodation provider plus any fees we need to pay in relation to receiving and sending money to them along with a £20 administration fee.
4. Linked Travel Agreement
For some of the bookings on our Multi Day Group Tours, we will reserve rooms and activities, entry to locations on your behalf which is paid directly to the supplier or accommodation provider.
You are responsible for paying the supplier or accommodation provider and are bound by their Terms and Conditions.
You may receive these Terms and Conditions either by getting in touch with us, the supplier or accommodation provider directly.
If you choose to cancel the tour with us, we will endeavor to cancel any activities, entry or rooms on your behalf.
When this type of booking has either an overnight stay or lasts longer than 24 hours, this booking will be protected under the Linked Travel Agreement.
5. Changes to your Booking
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 (applicable to Private Tours and Multi-day Group 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 above in condition 3.
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 us.
5.1 Private Tours of any duration - Changes
If you need to make a change to your booking after paying your deposit and/or part or full payment, we will endeavour to meet your wishes. An additional charge may be applied on top of the total price for the new Private tour to cover any additional costs such as but not limited to, extra distance traveled or a longer day for our guide. If the change is requested before the start of the Private tour, then we will try and change the tour but it may not be possible. If this is not possible and you would like to go ahead with the new tour then it would be treated as a cancellation for the original tour and the cancellation condition from section 3 will apply. We would however try and keep your cost down. If it was only a certain part of the Private Tour that needed cancelled then we would try to ensure that it is only relevant cancellation costs which are applied.
5.2 Changes to a Private Tour covered by Package Holiday Regulations.
A package holiday must cover a period of at least 24 hours or involve overnight accommodation and is a combination of at least two different types of travel services, which are listed below:
(a) transport (such as, but not restricted to, a flight, coach or train but not transfers from an airport)
(b) accommodation (such as, but not restricted to, a hotel, villa or apartment)
(c) car rental
(d) a tourist service (such as, but not restricted to, theme park tickets, tours, passes or equipment for sports such as skiing) where this is a significant part of the holiday, either because of its value or because it is an essential part of the trip.
If you wish to change any part of your package booking after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes may be subject to payment of an administration fee of 10% of the total cost of the package holiday, up to a maximum of £200 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with condition 3.
Transfer of Package
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions
(a) that person is introduced by you and satisfies all the conditions applicable to the holiday;
(b) we are notified not less than 7 days before departure
(c) you pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges or other costs arising from the transfer; and
(d) the transferee agrees to these booking conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in condition 3 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
5.3 Single Day Group Tour - Changes
If you need to make a change to you Single Day Group Tour after paying your deposit and/or part or full payment, we will endeavor to meet your wishes. If the changes are made before time stated in section (3.2) above, changes will be made with no additional costs. If your request for change is made within the time frame of section (3.2) above then we may have to charge you the % stated above.
5.4 Multi-Day Group Tour - Changes
If you need to make a change to you Multi-Day Group Tour after paying your deposit and/or part or full payment, we will endeavor to meet your wishes. If the changes are made before time stated in section (3.3) above, changes will be made with no additional costs. If your request for change is made within the time frame of section (3.3) above then we may have to charge you the % stated above.
5.5 Cutting Your Package Short
If you are forced to return home early, we cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
6. Cancellation or Changes made by us
Minor Changes to All Touring Options
Due to some unforeseen circumstances such as, though not limited to adverse weather, road closures/accidents, supplier alterations/cancellations or ferry alterations/cancellations, we reserve the right to alter all routes, schedules, itineraries, attractions, accommodation, services and modes of transport where required to do so. The majority of any such alterations will be minor and we will try to advise you of them at the earliest possible date and will endeavor to provide alternatives of a similar standard, nature and/or value.
Significant Changes to all Touring Options
In the unlikely event that we are required to significantly alter a material part of your tour we will notify you as soon as possible in order to enable you to decide how you wish to proceed. In any such event you will be entitled
(a) take an alternative tour of equivalent or higher value, if we have availability to offer that, or
(b) take a substitute tour of lower value if we are able to offer that. If this is chosen, we will refund the difference in value between both tours, or
(c) cancel your booking and obtain a full refund of all monies paid by you.
(d) If any alternative arrangements we are able to offer are more expensive than those originally booked, you may be asked to pay the price difference.
(e) We will not in any circumstances refund or be responsible for any expenses you may have incurred in connection with your booking such as flight payments, travel insurance, equipment purchases, visas or any other form of compensation where your booking is cancelled or changed as referred to in this clause.
(f) If you choose to cancel your booking in accordance with condition 3, we will refund all payments you have made to us within 7 working days of the date the cancellation takes effect (which will usually be the date we send you a cancellation invoice). No compensation will be payable or other liability accepted where a change results from force majeure, see condition 17
Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event of:
(a) we are prevented from performing your contracted holiday arrangements as a result of force majeure condition 17 and we notify you of this as soon as reasonably possible or
(b) We also have the right to cancel your tour if you fail to make payment in accordance with the terms of your contract set out in condition 3
(c) We will have no further liability to you including in respect of compensation or any costs or expenses you incur or have incurred in connection with your holiday booking. We will of course endeavour to offer you alternative Touring arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled
Please note: a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of force majeure in accordance with condition 17 and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform the contracted arrangements. This may be the case, for example, where restrictions applied by any government mean you are unable to take your holiday. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel.
We reserve the right to increase the price of confirmed packages solely to allow for increases which are a direct consequence of changes in:
(a) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(b) the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including Value added tax, tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
(c) the exchange rates relevant to the package.
7. Minimum Numbers – Single Day & Multi-Day Tours
For our single and Multi-day Group tours to depart, we require a minimum number of passengers
Single Day Group Tours – We require 2 Travelers booked on a scheduled day tour
Multi-Day Group Tours – We require 4 Travelers booked on a scheduled Multi-Day tour
ESW reserves the right to cancel any tour where the minimum number is not reached. On the rare occasion that we should be required to cancel a tour, we will inform you in advance and offer:
(a) an alternative tour subject to availability
(b) provide a full refund
We will not in any circumstances refund or be responsible or liable for any expenses you may have incurred in connection with your booking such as, though not limited to flight payments, travel insurance, equipment purchases, visas or any other form of compensation where your booking is cancelled or changed as referred to in this clause.
8. Price and Product Accuracy
We try to ensure that all the information and prices both on our website and in our brochures are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking.
9. Travel and Client Responsibility
(a) It is a condition of your booking that you accept the hazards involved in the sort of trips we operate or for activities that you agree upon and you accept that in visiting remote areas of Scotland and other parts of the United Kingdom that there is always the chance of a slip, fall or knock or other injury involved when exploring the countryside.
You must have a level of fitness commensurate with your chosen trip and you are responsible for bringing the appropriate equipment such as, though not limited to, proper footwear, clothing, and equipment for any specific activity you choose to do such as walking poles, where needed.
(b) It is also a condition that you accept that there is an element of on-tour flexibility. The tour stated in the trip breakdown/itinerary is indicative only and not a guarantee that a particular route will be followed or place reached. We will do our best to make the given/proposed, breakdown/itinerary work as best as possible. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise.
(c) If, in the reasonable opinion of the Experience Scotland’s Wild’s Guide or other members of ESW Staff, your health, conduct, behavior, fitness or equipment may compromise the safety of a trip, or if it could negatively impact the experience of other clients on the trip, we reserve the right to cancel or terminate your holiday.
This condition equally applies where, following an on-trip accident or injury, we are of the view that you are not able to continue with the trip even if you are cleared to continue with physical activity by a medical professional. In these circumstances, you will not be entitled to a refund nor compensation.
(d) All minors travelling with Experience Scotland’s Wild must do so with an adult parent or guardian who is responsible for their well-being and behavior throughout their holiday. Minors must not be left alone in the company of any other adult, in particular, their guide, at any time, the only exception being in emergency situations. All parents/guardians booking with Experience Scotland Wild Ltd should consider this carefully before committing to a tour of any sort with minors in their care.
(e) When you book with us, you accept responsibility for any damage or loss you cause. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
(f) We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority such as your Tour Guide or activity operator, you behave in such a way as to cause or be likely to cause danger, upset or distress to any, person, third party or damage to property, we are entitled, without prior notice, to terminate the tour/holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of the holiday services including leaving any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.
10. Insurance
It is a condition of our acceptance of your booking that you have appropriate travel insurance to cover your trip
You must be satisfied that your insurance fully covers all of your personal requirements including, but not limited to, pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
11. Conditions of Suppliers
Many of the services which make up our single day, multi day tours or Private Tours are provided by independent suppliers. Supplies such as, though not limited to activities, transport and accommodation. Suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
12. Excursions
Excursions or other arrangements that you may choose to book separately or pay for whilst you are on your chosen form of tour, are not part of your contracted arrangements with us. For any excursion or other arrangement that you book, your contract will be with the operator of the excursion or arrangement and not with us. We are not responsible for the provision of the excursion or arrangement or for anything that happens during the course of its provision by the operator.
13. Medical Conditions/Disabilities & Dietary Requirements / Special Requests
If you have any special request (such as dietary requirements), you should advise us at the time of booking. Although we will endeavor 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 with (where it is possible to give this) if it is important to you.
All of our Tour options may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, 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 material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed. Failure to disclose a medical condition, disability or reduced mobility that could affect you during the trip could place you and others at risk.
14. Arriving for your Tour
Check-in for your tour is 15 minutes prior to your individual tour start time to ensure the tour departs at the scheduled time.
If you are late for either your Single day or Multi-day group tour, your Tour Guide may leave without you.
This is for the benefit of all customers, and allows us to visit all stops for the full amount of time, offering you the most out of your tour.
You can find your Published Departure Time on your booking confirmation. Arrival in time for tours departing and finding the departure point are the responsibilities of the customer. We always recommend you double check your booking confirmation where the details will be displayed.
15. Multi-day Departure’s from Glasgow
All of our Multi-day Group Tours departing from Glasgow will always end on the last day in Edinburgh.
We do not offer any option to depart back in Glasgow on these Multi-day Group tours.
We will, however, be ending the tour near to Haymarket Train Station in Edinburgh which has frequent trains available between Edinburgh and Glasgow.
You can find train time information here
16. Luggage
Due to safety and size limitations, our luggage space is limited
(a) Unless otherwise notified, passengers are restricted to 1 suitcase/bag with a maximum weight of 20kg (44lbs).
(b) As a guideline, the dimensions should be approximately 70cm x 48 x 33 (27inch x 19 x 13). You can also bring a small, lightweight bag for personal items to carry with you on the vehicle.
(c) 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.
(d) We don’t charge extra for luggage but please note the luggage is taken at the traveller's own risk. It is the traveller’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 will more than likely have to carry your own luggage to and from your accommodation.
(e) Unfortunately, we cannot store extra luggage for you, but please click here to find luggage storage close to our meeting points.
17. Force Majeure
Except where otherwise expressly stated in these Booking Conditions we (or the Supplier/Principal where we are acting as agent) will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our, the Supplier/Principal or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), 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) control.
18. Promotional/Discount Codes
We occasionally 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/holidays/Tours/departure points stated and will 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 us at any time, at our discretion. Promotional codes may not be used in conjunction with any other offer. All Tour types are subject to availability.
No Promotional/discount code may ever be used towards the cost of a Private Tour
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
19. Missed Transport, Delays and other Travel Information
We do not offer flights and we are not responsible for any flight you may otherwise book. In the event that you make such booking, please read your flight terms and conditions carefully. You may have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Contact your airlines, third party, travel agent or other organisation/person you made a flight booking with for more information.
Please note: It is your responsibility to reach your Tour departure point at the pre-determined check-in time and board the vehicle (as applicable) prior to the noted departure time detailed on your itinerary/booking confirmation. If you and/or your party are not present at the noted departure time, we reserve the right to identify this as a ‘no-show’ and apply our cancellation terms outlined in condition 3.
20. Client Behavior
We believe in a great atmosphere when travelling together, so all of our clients are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If, in our opinion, the opinion of the Supplier/Principal (where we are acting as agent) or in the opinion of any hotel manager or any other person in authority, your behavior or that of any member of your party is causing, or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we or the Supplier/Principal reserve the right to terminate your booking with us immediately. In the event of such termination our liability (or the Supplier/Principal’s where we act as agent) to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
Neither we nor the Supplier/Principal can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
21. Refusal of Travel
We, along with our suppliers or our supplier’s staff, reserve the right to refuse to carry any person if we find it appropriate to do so. If you have any concerns regarding other travellers during your holiday, please contact your Experience Scotland’s Wild Tour Guide or representative immediately. Failure to do this may affect ours and the applicable supplier’s ability to address your concerns.
In either of the cases mentioned above, full cancellation charges shall be applied by us and we shall have no further liability to that passenger or to any person travelling with them.
22. Liability
(a) ESW will accept liability for any negligence from our employees, which causes actual physical injury to customers. We will not be held responsible to any accident to you or anyone in your party, lost, stolen or broken property, vehicle accidents, strikes, sickness, injury, police, government or customs intervention or Force Majeure.
(b) We will not be held liable for any partial or total failure to carry out any part or parts of the Tour if the failure arises due to anyone other than ESW staff.
(c) All booking made between you and ESW come with the condition that you accept there may be hazards involved with in all sorts of tours, especially as we promote getting out and walking the countryside on our tours.
(d) You must also accept that when visiting remote areas and participating in activities that there will need to be a degree of flexibility and that no route communicated to you in any correspondence or ESW advertisement is guaranteed and that there will be a chance of delays or alternative routes or destinations may need to be sought, due to unforeseen circumstances.
(e) When booking a private tour, you do so with the understanding that when the tour arises your level of fitness must commensurate with your chosen tour. If when the tour begins, your fitness or medical condition in the opinion of a member of the ESW team, is not where it should be to be able to safely complete the chosen tour, we will, if possible and able, change elements or organise an alternative tour which would suite your level or ability, in the agreed opinion of you and us. There could be an increased charge for this to be possible. If you and ESW can’t come to an agreed solution, we have the right to either cancel or terminate your tour.
23. Immigration, Passport, Visa and Safety & Health Formalities
We do not work in the booking of flights and can only provide general information regarding entry, passport, visa, health and immigration requirements health formalities applicable to your tour. It is your responsibility to check such requirements in good time before departure.
Such information which you may need to check includes (but is not limited) passport requirements including (but not limited to) how valid your passport must be after return date or whether your passport must be machine readable (for USA travel).
You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, though it is your responsibility to check and see if such a body would be relevant to yourself.
The UK Foreign, Commonwealth and Development Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk.
the Foreign, Commonwealth and Development Office (“FCDO”, https://www.gov.uk/travelaware) (applicable to UK residents);
UK Passport Office (0870 5210410 or https://www.gov.uk/browse/citizenship
The US State Department provides advice at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/
The Government of Canada provides advice at https://travel.gc.ca/travelling/advisories
The Australian Department of Foreign Affairs and Trade provides advice at https://www.smartraveller.gov.au/
The Department of Foreign Affairs (“DFA”) (applicable to Irish residents)
Embassies, High Commission and/or Consulates
Checking with your own General Practitioner
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any entry, passport, visa, immigration requirements or health formalities.
24. Jurisdiction and Applicable Law
These booking conditions and any agreement to which they apply are governed in all respects by Scottish law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Scottish courts only. You may however, choose the law and jurisdiction of England and Wales or Northern Ireland if you live in those places and if you wish to do so.
25. Residents Outside of United Kingdom & European Union
Where a United Kingdom resident books a Package with us, such Packages are governed by the Package Travel and Linked Travel Arrangements Regulations 2018, as amended (“PTRs”) which confirms that certain rights are required to be afforded to consumers by us. Please note, where you are not a United Kingdom resident, such rights may not be afforded to your booking. Please contact us for further information.
Where a European Union resident books a Package with us, such Packages are governed by The Package Travel Directive (2015/2302/EU) (“EU Travel Directive”) which confirms that certain rights are required to be afforded to consumers by us. Please note, where you are not a European Union resident, such rights may not be afforded to your booking. Please contact us for further information.
26. ABTOT Financial Protection
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Experience Scotland’s Wild Limited, number 5592, and in the event of their insolvency, protection is provided for non-flight packages for UK and EU Customers only.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Experience Scotland’s Wild Limited.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
You can find out more about ABTOT here: https://www.abtot.com/
These Terms and Conditions were last updated on the 4th October 2024