VXO  Terms & Conditions

Your contract is with VXO Touring Ltd, 4 Bruce Court, Links Parade, Carnoustie, DD7 7JE, which is registered in Scotland under company number SC697696. The following conditions, together with our privacy policy, the relevant information set out on our website and any other written information we brought to your attention before we confirmed your booking, will form the basis of your contract with the Company. Please read them carefully before you book.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

a. he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;

b. he/she consents to our use of information and personal data in accordance with our Privacy Policy 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 information on health conditions or disabilities and dietary requirements);

c. he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

d. he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

1. BOOKING YOUR TOUR

(a) Our aim is to provide a touring experience to suit your requirements. You can email us at www.contact@vxotouring.com and we will prepare an itinerary for you and provide you with a price per person. In order to maintain our customer services standards and to assist with the on- going training of our staff, we may record or monitor our telephone conversations or emails with you.

(b) To secure your booking we require a minimum deposit as advised by the Company on a case by case basis. If you are booking within 90 days of departure, then full payment is required at the time of booking. Our preferred payment method is by Bank Transfer .(VXO banking details are noted on all invoices) If for any reason we do not accept your booking your deposit will be returned. Some suppliers and experiences may require higher deposits or payments at the time of booking. You will be notified of these requirements on your invoice.

(c) Many suppliers now require the full name of all passengers travelling. We will therefore ask you at the time of booking to confirm the number of members in your party and to provide us with the first forename (as shown in each passport) as well as the title and surname of each member.

(d) Special requests, such as diet, room location and access, twin or double-bedded room, a particular facility or flight seat which are an important factor in the choice of holiday, should be indicated in writing at the time of booking. We will pass your request on to the supplier but cannot guarantee that it will be accommodated. The Company will try to arrange for Special requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special request is not met. The provision of any Special request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met.

(e) On receipt of your correct deposit we will book your arrangements and issue a Confirmation Invoice. A contract will come into existence on the date on which we issue a Confirmation Invoice.

(f) It is important for you to check the details on the Confirmation Invoice as soon as you get it, as these set out the services we have agreed to provide. In the event of any discrepancy or clarification, please contact us. All correspondence and other communications will be sent to the address of the person who made the initial payment unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.

(g) The balance is due 60 days before departure. If it is not paid in time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 2 below will become payable.

2. AMENDMENTS & CANCELLATION

(a) Amendments by you

The Company will make every effort to assist you if you wish to alter your arrangements, but it may not always be possible. Requests for an amendment must be in writing, signed by the person who made the initial payment. If it is possible to make the amendment, it will be subject to any charges or other expenses incurred by the Company as a result of the change. These charges will be payable whether or not the Company succeeds in confirming your requested amendment. Please note that save for the transfer of a booking, it will not be possible to make changes within 28 days of your departure date. Your request may be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 2(b) below will apply dependent upon the conditions imposed by our suppliers.

If you wish to change your arrangements while on your holiday, all costs are payable by you.

Date amendments: Should you wish to amend the date of departure of your trip this will follow the rules outlined in part 2(a) above. The new departure date must be initiated within six months of the original date of departure. If travel commences after six months of the original holiday departure date this will be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 2(b) Cancellation by you will apply.

Destination amendments: Should you wish to change the destination (unless for reasons of extraordinary circumstances outlined below) of your confirmed holiday before departure this shall be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 2(b) will apply.

Transfer of booking

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 seven days before departure;

c. you pay any outstanding balance payment, 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 clause 2(b) will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

(b) Cancellation by you

All cancellations must be advised in writing, signed by the person who made the initial payment and sent to the Company at 4 Bruce Court, Links Parade, Carnoustie, DD7 7JE. Cancellations are effective on the day they are received by the Company. Recorded delivery is strongly recommended. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation.

Written advice of cancellation received

Days prior to departure | % of total holiday cost

61 days or more | Loss of deposit (15%)

46-59 days prior | 30% of total holiday cost

30-45 days prior | 60% of total holiday cost

15-29 days prior | 90% of total holiday cost

0-14 days prior | 100% of total holiday cost

We will deduct the cancellation charge(s) from any monies you have already paid to us.

Important note: 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.

Please note that at certain times of year, for example peak season, or for certain products, for example, shooting lodges, private islands and yacht charters, stricter cancellation conditions may apply. Any such revised conditions will be notified to you prior to booking.

Partial room cancellation: If a guest cancels or leaves a journey and a roommate remains, an additional supplement may apply to the price for the remaining guest.

We strongly recommend that you secure adequate travel insurance as per clause 6 below.

Cancellation by you due to unavoidable and extraordinary circumstances:

You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, 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.

(c) Re-booking following a cancellation

Should you wish to cancel a holiday and re-book an alternative, this will be subject to the cancellation terms within these booking conditions. If the alternative booking requires a greater deposit than has already been paid (after deducting cancellation fees) then the balance between what is required as a deposit and any sums already paid becomes due.

(d) Accuracy of information

We check the information which we provide about our holidays very carefully. However, tour, itineraries may change as a result of local conditions. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long-term changes, we will always endeavour to advise you prior to your departure.

(e) Amendments by the Company

Great care is taken to ensure that the description and prices given to you are accurate at the time of publication. However, changes can occur, and the Company reserves the right to change any of the details in company literature, including prices, in which case the Company will advise you

of any such change before accepting your booking. After a Confirmation Invoice has been issued, the Company makes every effort to operate all holidays as advertised. In many cases we plan arrangements in advance of your holiday using independent suppliers and partners such as airlines, hotels, local transport operators and guides, over whom we have no direct control. In very rare circumstances, the Company may have to modify a holiday before you depart. Most of these changes are insignificant. If we make an insignificant change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure, although we will have no liability to you. Examples of “insignificant changes” include alteration of your outward/return flights by less than 12 hours; changes to aircraft type; change of accommodation to another of the same or higher standard; and changes of carriers.

Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure: a change of flight time by more than 12 hours; a change of international airport (except between airports serving the same city); a change of destination; or a change to a lower standard accommodation, and/or price. If we have to make a significant change, we will tell you as soon as possible and if there is time to do so before departure, we will provide you with an alternative. You may accept an alternative, you may change your booking to another available and comparable holiday, or you may cancel and receive a full refund. If you choose another holiday at a lesser cost, the company will refund the difference.

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

If you cancel and receive a full refund following a significant change made for any reason other than force majeure or low bookings, you will receive the following compensation, calculated according to the number of days prior to departure that you are notified of the change.

Compensation when notification of change is sent

Days prior to departure | Compensation per person

More than 42 days | £10

29-42 days prior | £20

15-28 days prior | £25

0-14 days prior | £30

*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 60 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.

“Low bookings” means that an insufficient number of people have booked the arrangements to make their operation financially viable in the advertised form.

If there is an insignificant change before you depart (that is, any change not included in the definition of a significant change set out above), the Company will try to notify you, although it is not obliged to pay any compensation. lf the Company becomes unable to provide a significant proportion of your holiday after it has commenced, every effort will be made to provide suitable alternative arrangements, which will be made for you at no extra charge to you (save in the case of force majeure) or, alternatively, you will be returned to your point of departure and the company will, where appropriate, pay compensation. No compensation is payable in the case of force majeure.

(f) Cancellation by the Company

We reserve the right in any circumstances to cancel your holiday for any reason. However, we will not cancel your hotel arrangement less than eight weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If you fail to pay the balance of the holiday price at least 60 days before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out in clause 2(b). If the Company is obliged to cancel your holiday in any other circumstances before departure, the Company will use its best endeavour to offer alternative arrangements of equivalent or very closely similar standard and price, if available; travel arrangements of a lower standard and a refund of the difference in price; or give you a full and prompt refund of all monies paid. In addition, unless the cancellation has been caused by force majeure, a failure by you to pay the balance, or low bookings, the Company will pay you compensation as set out in clause 2(e).

3. RESPONSIBILITIES OF THE COMPANY

(a) The Company applies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain the appropriate standards.

(b) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below, and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. The descriptions, information and opinions given by the Company in respect of the airlines, hotels and other suppliers whose services are used are given in good faith, based on the latest information available at the time of printing. The Company accepts liability for any loss you may suffer if due to fault on our part, or that of our agents or suppliers, any part of the holiday arrangements you book with the Company before your departure is not as described in our itinerary or not of a reasonable standard. The Company limits its liability in respect of these claims to a maximum of three times the holiday cost. Subject to the conditions set out below, The Company also accepts liability if you or any member of your party suffers death or personal injury as a direct result of these holiday arrangements failing to be as described and of a reasonable standard. However, these acceptances of liability do not apply if there has been no fault on the part of the Company or its servants, agents, or suppliers, and the loss, death or personal injury suffered is attributable to your own acts or omissions or to the acts or omissions of a third party not involved in providing the services which make up your holiday, or to unavoidable and extraordinary circumstances or force majeure. They are also conditional upon you following the procedures for notification of complaints set out in clause 11, and upon you assigning to the Company any right you may have against any other person whose acts or omissions have given rise to the Company’s liability.

Nothing in the above shall limit or exclude the Company’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

(c) The Company’s liability to compensate you and the amount of such compensation is subject to the following limitations. First, in the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, inter alia, the holiday cost and the extent to which the enjoyment of your holiday can be said to have been affected. Second, if any failure in your holiday arrangements relates to, or if you or any member in your party is killed, injured or becomes ill during or as a result of, carriage by aircraft, ship, train, or coach forming part of the holiday arrangements booked with us before your departure from the UK, our liability to pay compensation and/or the amount of compensation we will pay is limited in accordance with the liability of the carrier under any international convention which governs such services. International Conventions which may apply include in respect of carriage by air, the Montreal Convention 1999 or the Warsaw Convention 1929 (including as amended by The Hague Protocol of 1955 and by any of the Montreal Additional Protocol of

1975); in respect of carriage by sea, the Athens Convention 1974; in respect of rail carriage, the Berne Convention 1961; and in respect of carriage by road, the Geneva Convention 1973. The terms of these conventions are incorporated into and form part of your contract with us. In respect of death or personal injury, the liability of an air carrier under the Montreal Convention and the Warsaw Convention is limited to damage sustained caused by an accident which takes place onboard the aircraft or in the course of any of the operations of embarking or disembarking. You can get copies of the relevant conventions if you ask us for them. You should also note that these conventions may limit or remove the carrier’s liability to you and the amount which the carrier has to pay you. You should also know that the carrier will rely upon its “conditions of carriage” which may limit or remove the carrier’s liability to you and limit compensation under international conventions.

(d) Our suppliers (such as accommodation or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider’s or other supplier’s liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier.

(e) If we make any payment to you or any member of your party for death, personal injury, or illness, you must co-operate fully with us in seeking recovery of any payment we make.

(f) Operational decisions may be taken by air carriers and airports resulting in delays, diversions, or rescheduling. VXO Touring Ltd has no control over such decisions and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control, we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. We strongly recommend you have adequate travel insurance for your holiday and should claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to in (c) above.

(d) If you suffer death, injury or illness during your holiday arising out of an activity which does not form part of the inclusive arrangements booked with the Company, the Company will offer assistance where appropriate and at its sole discretion. This assistance must be requested within 90 days of your misadventure and will be limited to general advice and/or assistance with legal fees up to £5,000 per party, such contributions to be repaid to the Company out of any judgment or insurance payment you subsequently obtain.

(h) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. If the circumstances continue beyond a three-night period, our responsibility under this clause will cease and you will need to claim upon your travel insurance where you are able to do so. Please note that the three-night cap does not apply to persons with reduced mobility, pregnant women, or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, 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 back to your departure point.

5. YOUR RESPONSIBILITIES

(a) Make yourself travel aware. Before making a booking, please consult the travel advice produced by the government of your home jurisdiction, the government who issued the passport and/or visa you intend to travel under, and the government of your destination.

Also ensure you make yourself familiar with the Foreign & Commonwealth Office advice on staying safe and healthy on your trip: www.gov.uk/travelaware. Advice can change, so always check regularly for the latest updates.

(b) If the Foreign Office advises that people should not visit a particular country, we will act on this advice.

(c) In the event of active government advice and warnings against travel to a specific destination or location(s) of a trip, should the traveller still choose to travel, notwithstanding such travel

advisory or warning, the traveller assumes all risks of loss, personal injury, death, or property damage from any event that may arise out of or associated with the travel advice or warnings given. The Company strongly recommends you do not travel against Foreign Office Travel advice and warnings as they are given for your safety and security.

(d) It is important that you check the details on your Confirmation Invoice when you receive it. In the event of any discrepancy, you should contact the Company or your travel agent.

(e) General information concerning passport, visa, and health requirements applicable to UK Citizens is set out in our literature. However, such requirements are subject to change and you must check current requirements before departure. Passports for British Citizens are valid for travel to any EU country up to and including the passport expiry date. Many countries outside of the EU require that passengers’ passports are valid for at least six months after the completion of their journey, and/or contains blank pages (for visas). Please visit gov.uk/foreign-travel-advice for advice by country. Some destinations also require visas and additional documentation and you should contact the Embassy or Consulate of the country which you are planning to visit in good time before you travel, go to www.visacentral.co.uk for visa’s and UK passport information. You should also contact your medical advisor or a specialist vaccination centre for details of the measures you will need to take prior to departure. All children should travel on full passports. It is your responsibility to obtain all documents required for your holiday, including passports, visas, heath certificates, and international driving licences to ensure that these are in proper order, and to take them with you. We recommend that if you are travelling with a child (particularly one that does not share your surname or if travelling without one or both parents), you check the entry requirements for your destination. Certain countries have introduced additional requirements, such as documentation that proves your relationship to the child as well as documentation that proves you have permission to travel with them. The Company cannot be held responsible should you or any member of your travelling party be denied entry to a country due to non-compliance with these requirements. Please consult the travel advice produced by the government of your home jurisdiction, the government who issued the passport and/or visa you intend to travel under, and the government of your destination for further details. We will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the holiday as planned because of incorrect or missing personal documents, or any other failure to meet passport, visa, or immigration requirements.

(f) In the event that you have booked scheduled air travel, you should receive approximately seven days before departure your air tickets together with other information concerning your holiday. Please ensure that you check the names and flight timings on your tickets carefully and contact us immediately if you have any queries. The correct timings, using the 24-hour clock system, may have been adjusted since you received your Confirmation Invoice.

(g) You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. The Company cannot accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your holiday. No credit or refunds will be given for lost, mislaid, or destroyed travel documents.

(h) Most people go on holiday for rest and relaxation, so if in our reasonable opinion or that of any airline pilot, hotel manager, tour leader, or other person in authority, your behaviour is causing danger or damage to property, or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid.

(i) If you lose any personal items while on holiday, please obtain a written report from the police, to help with any insurance claim upon your return.

(j) You are responsible for the costs of any damage to the accommodation and/or any extra charges incurred with our suppliers during your holiday. Should you fail to make such payment at the time the charges and/or costs are incurred, you will be liable to reimburse us for these and you authorise the Company to automatically debit your credit card to the value instructed by the supplier for any such costs and/or charges.

6. INSURANCE

We cannot emphasise enough the importance of purchasing comprehensive travel insurance prior to your date of travel. This insurance should be commensurate to the value of your booking, and cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability, and travel document insurance. If you suffer from a disability or medical condition you should disclose this to insurers.

For those who participate in sports and activities while on holiday that have been organised and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to obtain the relevant insurance. Note that special insurance may be required if you intend to scuba dive or undertake any other dangerous or sports activities.

Please keep your insurance details with you while on holiday.

7. FORCE MAJEURE

Except where otherwise expressly stated in these Booking Conditions we 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 or our suppliers’ 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) concerned control.

Covid Implications: should the host country and/or suppliers be able to facilitate the booking however the departure country will not allow for travel, you as a Customer are required to pay the full balance of the tour. We will try our best to rearrange travel, however this cannot be guaranteed. Should the host country and/or suppliers not be able to legally facilitate the booking, you will be intitled for a full refund of all funds paid.

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 an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within, or through the EU. 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 while we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.