Once the Operators, as detailed in Clause 13 below, (hereinafter referred to as “the Operator”), confirm your booking, a contract is made between you and the Operator under the terms and conditions set out below. Your statutory rights are not affected. In a booking with more than one passenger the ‘lead passenger’ will be deemed to have accepted the terms and conditions on behalf of all passengers within the booking. The ‘lead passenger’ is the passenger who makes the booking on behalf of all passengers in a multi-passenger booking and is named in the ‘lead passenger’ field within the booking. Within these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added at a later date).
1. BOOKING / ACCEPTANCE
1.1 The Operator accepts a booking on the understanding that a deposit or full payment has been collected and held either by the Operator directly or by an authorised Travel Agent on the Operator’s behalf. Bookings made via the Operators’ own websites are considered as made with the Operator directly.
1.2 On confirmation of your booking, subject to availability and at the Operator’s discretion, the Operator will reserve your place(s) on your selected product(s) “tour(s)”. It is your (or on bookings involving more than one person, the lead passenger’s) responsibility, as the customer, to check the accuracy of your booking including your travel dates. A contract is only made between you and the Operator upon your booking being confirmed and accepted through written communication thereof to either you or your authorised Travel Agent (hereinafter referred to as “confirmation”).
1.3 On confirmation of your booking, a Booking Statement confirming ‘Full Payment’ and an e-ticket will be sent to either you or your Travel Agent for fully paid bookings. A Booking Statement indicating the amount paid and an e-ticket will be sent, for bookings where only a deposit or lesser amount has been paid.
1.4 In order to reserve your tour: 1.4a) Tours costing 200 GBP, 400 AUD, 360 CAD, 240 EUR, 500 NZD, 340 USD, 2,000 ZAR or less: full payment must be made at time of booking. 1.4b) Tours costing more than 200 GBP, 400 AUD, 360 CAD, 240 EUR, 500 NZD, 340 USD, 2,000 ZAR: a non-refundable deposit of 50 GBP, 100 AUD, 100 CAD, 75 EUR, 100 NZD, 100 USD, 1,000 ZAR, per person per tour is required, but if the booking is made within 45 days of the nominated departure date the full amount payable must be made at the time of booking. This payment is in addition to any deposit required by your Travel Agent. The deposit is accepted as a first instalment of the total tour price by the Operator only once the booking has been confirmed in writing by the Operator or your travel agent. 1.4c) The outstanding balance of the tour price must be paid by no later than 45 days prior to the scheduled, nominated or confirmed tour departure date or the payment date specified in any promotion, which shall be by the due date stated on the confirmation issued to you. Whilst every endeavour will be made to remind you of the payment due dates, it is your responsibility to make this payment in full by the due date. If payment is not made to the Operator or to your authorised Travel Agent (for Agent bookings) by the due date, the Operator will assume that you have cancelled your tour and cancellation charges in accordance with clause 3 below will be levied by the Operator 1.4d) Booking Statements confirming ‘Full Payment’ will not be issued until full payment has been received by the Operator or authorised Travel Agent.
1.5 In the case of bookings made within 45 days of tour departure, the full cost of the tour will be payable immediately at time of booking.
1.6 The Operator reserves the right to cancel the booking and apply cancellation charges should full payment not be received within the above specified periods.
1.7 If you wish to book to travel at student prices, you must have an ISIC, ITC or ISE student ID card or a Student Flights ID Card, valid at time of and for the duration of your travels with the Operator.
2.1 The Operator’s e-tickets / Booking Statements confirming ‘Full Payment’ are not transferable. Your e-ticket / Booking Statement indicating that full payment has been made must be produced at any time at the Operator’s request. You will also be required to produce your valid passport, and the valid student ID card used when booking for travel at student prices (see section 1.7 and 5.13), each time you travel. A valid passport is required as proof of identification for all tours.
2.2 Baggage is restricted to one reasonable sized suitcase or backpack and one small carry-on bag per passenger (maximum combined weight 15kg). Carry-on bags must not weigh more than 10kg. Baggage in excess of these limits may not be carried.
2.3 It is your responsibility to check-in with the Operator not less than 15 minutes prior to the specified departure time. The Operator will not be liable for any service that departs or returns later than its specified time, even if as a result you miss a connecting service. The Operator will use its best efforts to ensure that departure and return times are met.
3. CANCELLATION & CHANGES
3.1 Cancellation of your booking must be in writing to either the Operator (for direct or website bookings) or the authorised Agent through which your booking was made. If your booking was made through an authorised Agent, all amendments and cancellations must be made directly through the Agent and not with the Operator (the Agent may also levy cancellation charges in addition to those noted below - please check with the Agent at time of booking). When written notification has been received by the Operator, a fee will be levied to cover the costs incurred (25% of booking price being the minimum fee). The amount of the cancellation fee will be dependent on the number of days prior to the departure date of the tour (not including the day of departure or the day of notification). 3.2 Where a deposit has been made on a booking and the said booking is cancelled by you or your authorised Agent prior to full payment being made, or in the circumstances of the balance not being received by the Operator or their authorised Agent by the due date, no refund of the deposit will be applicable, nor can it be credited or transferred to any other booking for a tour of a lower value. It may be possible to transfer the deposit to a new booking for a tour of a higher value only.
3.3 Cancellation of individual passengers from a multiple booking where a group discount applies (e.g. ‘Mates’ Rates’ discount) will mean that the discount applied at the time of booking will be forfeited, due to the qualifying criteria no longer being met. If the cancellation results in the qualifying criteria no longer being met, then the total price payable for the remaining passengers on the booking will be adjusted, and any forfeited discount will be reclaimed through deduction in calculating any refund due to the cancelling passengers. The following cancellation policies apply: HAGGiS ADVENTURES & SHAMROCKER ADVENTURES:
3.4 HAGGiS Adventures, Shamrocker Adventures and all tour add-ons: a cancellation made up to 14 full days prior to departure (not including the day of departure, or the day of notification) – full refund less 25% of the price paid. Cancellations made within 14 full days of departure - no refund applies
3.5 Festivals, Special Events & Add On Products: (Special conditions apply to non-standard products). Cancellation fees (unless specifically stated otherwise): up to and including 22 full days prior to departure (not including the day of departure, or the day of notification) - full refund less 50% of price paid. Within 21 full days - no refund applies. Please check our website for updated terms and conditions relating to these products.
3.6 HAGGiS Get Active Adventures – Cancellation fees (unless specifically stated otherwise): up to and including 28 full days prior to departure (not including the day of departure, or the day of notification) - full refund less 50% of price paid. Within 28 full days - no refund applies.
3.7 Private Group / Bespoke Tour - specific cancellation fees apply to each Tour, the Operator will inform you of these prior to payment. A non-refundable deposit will be required at time of booking to cover any accommodation, third party supplier, meal and attraction costs. Where bookings include entrance fees to attractions, accommodation, involve accommodation upgrades or specific accommodation requests any cancellation fees incurred by the Operator will be passed on to you in addition to the standard Private Group / Group Tours refund policy.
3.8 For Tours where no accommodation is included in the price and the relevant ‘pay now’ option is not selected, an allocation of beds is taken by the Operator on behalf of customers. In these circumstances accommodation is payable directly to the local accommodation provider on arrival. For requests beyond this standard accommodation, including upgrades to private rooms or other special accommodation requirements, a non-refundable deposit may be taken when the upgrade is confirmed.
GENERAL 3.9 If after your booking has been confirmed, you wish to change to an alternative departure date, or wish to change to another tour, one date change per person per tour is permitted without incurring an administration fee (except where charges in lieu of clauses 3.10 or 3.11 apply) subject to the tour being available and minimum notice of 45 full days given (not including the day of departure, or the day of notification). Any additional date and / or tour changes will incur an administration fee of 20 GBP, 35 AUD, 35 CAD, 25 EUR, 40 NZD, 30 USD, 240 ZAR per person per tour (except where charges in lieu of clauses 3.10 or 3.11 apply) subject to the tour being available and minimum notice of 45 days given (not including the day of departure, or the day of notification). For travel during the 2017 operating season, the operator must be advised in writing of the new nominated departure date with a minimum notice of 45 days given (not including the day of departure, or the day of notification). For travel during the 2018 operating season the new departure date must be confirmed by 31st December 2017 and will be subject to the confirmed brochure prices and booking terms and conditions of the 2018 Operating season. It is your responsibility to notify the operator in writing of your new nominated departure date. If the Operator has not received notification prior to the minimum notice period given the Operator will assume that you have cancelled your tour and cancellation charges in accordance with clause 3 will be levied by the Operator. Any changes of departure date or tour where between 15 and 44 full days notice are given (not including the day of departure, or the day of notification), will incur an administration fee of 20 GBP, 35 AUD, 35 CAD, 25 EUR, 40 NZD, 30 USD, 240 ZAR, per person per tour (Exception: HAGGiS Get Active Adventures where between 30 and 44 full days notice must be given - not including the day of departure, or the day of notification) subject to availability and charges in lieu of clauses 3.10 or 3.11 where the new departure date / tour must be immediately nominated. These changes may result in the loss of any special discounts applied to the originally booked Tours and are in addition to any fees that may be levied by your Travel Agent.
3.10 Tour changes to one of a lower value or seasonality will result in the loss of any special discounts applied to the originally booked tour and will be subject to an administration fee equivalent to the cancellation fee on the original Tour booked.
3.11 Tour changes to one of higher value or seasonality will require the difference in price to be paid. This may also result in the loss of any special discounts applied to the originally booked Tours.
3.12 If the reason for your cancellation is covered under your insurance policy, you may be able to make a claim under that policy.
3.13 a) No name changes are permitted.
4. YOUR RESPONSIBILITIES
4.1 The tour/tour products offered are forms of transportation. For this reason the Operators’ representatives cannot offer constant special attention or assistance should you have any physical disability requiring such attention.
4.2 The programmes in this brochure have been designed for passengers aged 18 years and over with the style and operation specifically designed for young independent travellers. This fact should be recognised when you book. Passengers are primarily in the 18-45 year age group.
4.3 Passengers must be aged 18 years or over on date of travel commencing. The Operator may, at its absolute discretion, and in exceptional circumstances, give confirmation of acceptance of a person outside this age restriction, provided that they are accompanied by a responsible person of 18 years or over. There is no upper age restriction.
4.4 PASSENGERS WITH DISABILITIES are welcome on trips, provided that they do not require special assistance from the Operator’s personnel. Should your disability require you to have special assistance, it is a condition of the Operator accepting your booking that you provide evidence satisfactory to us that an able bodied person will accompany you and is able to provide any special needs or services that you may require. The Operator will not be responsible for the failure of this person to provide these services. Any medical or physical condition requiring third party attention or treatment must be advised in writing to our Reservations Team at the time the booking is made. It is your responsibility to see to it that your letter is acknowledged with the booking confirmation. The Operator cannot guarantee travel in the absence of such an acknowledgement. Many of our tours involve physical activity and may not be suitable if you rely on a wheelchair or have certain other disabilities. For further detailed terms and conditions see haggisadventures.com.
4.5 It is your responsibility to have a valid passport and all necessary visas, permits and certificates on your person for your selected itinerary, to have all necessary vaccinations and to comply with applicable laws. Schengen Visas – it is your responsibility to have your passport stamped on entry to the European Union. The Operator will not allow you to travel if you do not have a valid visa for your destination. The Operator will not allow you to travel without a valid passport.
4.6 You agree to comply with the authority of the Operator’s representative and the laws and regulations of the countries visited, including customs and foreign exchange restrictions. If you do not do so, you may, at the discretion of the Operator’s representative, be asked to leave the tour. No refunds will be issued in such circumstances.
4.7 You agree that the Operators’ representatives may take photographs and video recordings of you while you are a passenger. These may be used in the Operator’s brochures and/or advertising and publicity material (including social media) without obtaining any further consent or payment in respect of such photographs and/or films.
4.8 You agree that the Operator may use any text written in comments books, recorded in customer surveys or input to online forums, in brochures, websites and/or advertising and publicity material without obtaining any further consent or payment in respect of comments.
4.9 There may be times when the Operator’s personnel and/or representatives have to make a decision in the interests of safety. It is a condition of booking that you comply with the authority and decisions of the appointed representative of the Operator. If you do not comply with the said representative or are not compatible with the general enjoyment and well-being of members of the tour, the Operator reserves the right to refuse to allow you to continue the tour. In such a case the Operator will not be liable for any refund, compensation or any additional costs incurred by you. The Operator cannot accept liability for the behaviour of others on your tour nor if any facilities are curtailed as a result of their actions.
4.10 The Operators do not tolerate any form of abuse, verbal or otherwise, of its personnel. Any person abusing or threatening the Operator’s personnel or associated representatives will automatically forfeit their right to onward travel.
4.11 You are responsible for looking after your personal belongings whilst travelling. The Operator cannot be held responsible for any personal belongings left behind or damaged on any tour irrespective of the circumstances.
4.12 It is the responsibility of the individual passenger and authorised Travel Agent on the passenger’s behalf, to check the accuracy of dates booked upon receipt of their Booking Statement confirming ‘Full Payment’.
4.13 If you paid a Student price on booking, you will be required to prove this entitlement at check-in for each departure by exhibiting a valid ISIC, ISE or ITIC student card or Student Flights ID Card. Should you not be able to do this, you will be charged the difference between the full tour price and the student discounted price in addition to an administration fee of 25 GBP / 35 EURO.
4.14 The Haggis Get Active Adventures involve strenuous outdoor activities and therefore require a good level of physical fitness.
5. LOCAL TOURS & EXCURSIONS
5.1 You may have the opportunity to purchase local tours or excursions from the Guides / On-Board Guides/Check-in Staff. These local tours and excursions are run by local Operators and you will be subject to their terms and conditions.
5.2 Local tours and excursions purchased via Guides/On-Board Guides/Check in Staff are nonrefundable. It is your responsibility to meet the tour at the designated departure point and time. Travel on local tours and excursions will only be permitted on presentation of the official Guides/On-Board Guides/ Check in Staff issued voucher to the named local Operator. 5.3 Local tour and Excursion vouchers that are lost or stolen cannot be replaced.
6.1 There is no travel insurance cover included in the price of any ticket, tour, trip or product represented in this brochure.
6.2 The Operator requires that you take out comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage, money and public liability before you travel. You may also wish to indemnify the Operator against all third-party claims, actions, damages and remedies that may be brought against the Operator in respect of your travel needs/requirements. The Operator may require you to provide details of your insurance as a condition of travel.
7. CHANGES BY THE OPERATOR
7.1 Prices in brochure and website are based on costs and exchange rates at September 1, 2016. Should these costs change it may be necessary to make a surcharge on the price of your tour. Should the total tour price increase by more than 10% you will have the right to cancel within 7 days of notification without penalty.
7.2 No surcharge in respect of costs or currency fluctuations will be made once payment of the deposit for your tour has been received. This guarantee excludes fuel surcharges and does not apply to any taxes, charges or levies imposed by any Government or their Agencies. In exchange for these guarantees, no refund will be made if costs are reduced. The surcharge will only be made where the increase in cost will affect the price of the tour by more than 2%.
7.3 The Operator reserves the right to vary, modify or cancel any itinerary, either part or wholly. If this is necessary, they will substitute alternative arrangements of comparable value, or at the Operator’s discretion provide a full or partial refund.
7.4 If access to any country or area is prohibited for reasons of force majeure (i.e. circumstances such as political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond the Operator’s control) the Operator reserves the right to amend or alter the product, or fully or partially withdraw the programme. If the Operator cannot offer suitable substitute services, you will be entitled to a refund (less reasonable expenses incurred by the Operator in respect of your booking). The amount of the refund will be calculated pro-rata based on used portion of the tour.
7.5 The Operator reserves the right to alter or substitute the type of vehicle mentioned in the brochure or websites.
8. WEATHER CONDITIONS
Under no circumstances can the Operators be held responsible for any delay, deviation or cancellation due to weather conditions, nor can any tour be cancelled or amended by you at any time on the basis of weather conditions.
9. NO SMOKING POLICY
The Operators operate a No Smoking Policy on all their vehicles and properties.
10. DISPUTE PROCEDURES
10.1 If you have a complaint in respect of any Operator, you should inform the Operator’s Representative at the time. Any complaint that cannot be resolved by the Operator’s Representative should be submitted in writing within 28 days of the incident to The Customer Services Manager, HAGGiS Adventures, 60 High Street, EH1 1TB Edinburgh, United Kingdom or Customer Services Manager, Shamrocker Adventures, Four Courts Hostel, 15-17 Merchants Quay, Dublin 8, Ireland so that your complaint can be passed to and then investigated by the Operator. The Operators will not consider complaints after the 28 day period from the end date of your tour.
10.2 The contract and all matters arising in respect hereof shall be subject to English Law unless the Operator agrees otherwise in writing.
10.3 If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity and enforceability of the other provisions shall not be affected.
10.4 If you are unsuccessful in any legal action instituted against the Operator, you agree to pay all of the Operator’s costs associated to any such legal action, including but not limited to attorney / client costs.
11. CONTRACTING PARTIES
11.1 The booking conditions detailed herein contain the entire contract between you and the Operator. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied by a duly authorised officer or Director of the Operator in writing.
11.2 Your contract is with the Operator. At any time, and at the Operator’s complete discretion, the Operator may nominate to you in writing any other company or person to have the benefit of some or all of those provisions of this contract, which the Operator may then specify, as if you had agreed the provisions concerned directly with that company or person in the first place as well as agreeing them with the Operator. The Operator may at its complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with you.
11.3 All bookings with other Operators and service providers are subject to their terms and conditions and limitations of liability. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Whilst the Operator cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third parties, the Operator will give reasonable assistance in helping to resolve any reasonable dispute.
11.4 Many accommodation arrangements referred to in this brochure are provided independently and directly by third party providers (unless stated otherwise). Any such contracts undertaken are made directly between you and the third party accommodation provider. They are subject to the terms and conditions, and limitations of liability, imposed by the individual accommodation provider. All such arrangements are made independently of the Operator, regardless of any help and assistance, which the Operator may provide in securing such arrangements.
11.5 Please note that no airline or carrier depicted or recommended in this brochure by virtue of their endorsement of this brochure represents themselves either as contracting with any legal relationship with any such purchaser.
11.6 Every effort is made to ensure brochure accuracy at the time of going to print, however the Operator cannot be held responsible for printing and typographical errors, or errors arising from unforeseen circumstances.
The programmes, products and tours advertised on the website and brochure are valid from the operating season pertaining to each Operator as specified in the brochure and the Operator’s website, unless stated to the contrary. These Terms and Conditions supersede all previous Terms and Conditions issued and are valid for all reservations made on or after 1 September 2016, until replaced.