RAIL TOURS LTD
TERMS AND CONDITIONS
These Terms and Conditions set out the agreement between us and you for the product that you have booked. Please take time to read and understand these Terms and Conditions as if you proceed to make a booking with us we shall take it that you fully agree these Terms and Conditions on behalf of yourself and all members of your party.
1.1 Rail Tours Ltd is a company registered in Scotland (SC683404) whose registered office is located at 272 Bath Street, Glasgow, G2 4JR.
1.2 Within these Terms and Conditions certain phrases are used and for
the avoidance of doubt, this is what they mean:
“Accommodation Provider” means the provider of any accommodation that is part of your Booking;
“Booking” or “Book” means a booking for a Product supplied by Rail Tours Ltd;
“Contract” has the meaning given to it in Clause 2.1;
“E-mail” means, unless the context otherwise requires, using this e-mail address: firstname.lastname@example.org;
“Force Majeure” means circumstances that are unforeseeable or beyond the reasonable control of Rail Tours Ltd or a third party service provider, including but not limited to war, threat of war, riot, industrial dispute or action, port closure, terrorism or the threat of terrorism, natural or nuclear disaster, fire, flood and other extreme weather conditions, epidemics and pandemics, or unavoidable technical problems with transport;
“Party Leader” means the person who makes the Booking whether on his/her own behalf or on behalf of a party;
“Product ” or “Tour” means a package tour or tourism service that is made available to consumers by Rail Tours Ltd;
“Significant Alteration” means any of the following:
• a change of your accommodation to a lower star rating; a change to your Tour departure date of 24 hours or more;
• a material increase in the price of your Tour; or
• a significant change to the location of accommodation to outwith the city, town or, for rural accommodation, the locality in respect of which you had originally made your Booking;
“Telephone” means using this contact telephone number +44 (0)141 258 1818;
“Tour Documentation” means an information sheet provided by us to you which contains the arrangements we have made for your tour, train tickets and vouchers required for pre-paid services and/or travel;
“Travel Agent” means Stagcove Ltd (trading as Scottish Tours)
“us” and “we” means Rail Tours Ltd (trading as Scottish Rail Tours);
“VAT” means value added tax;
“you” or “your” means the Party Leader.
2. Your Holiday Contract
2.1 When you make a Booking you guarantee that you have the authority to accept, and that you do accept, on behalf of your party, the Terms and Conditions set out herein. A contract will exist between you and us, incorporating these Terms and Conditions, as soon as we confirm your booking.
2.2 The construction, validity and performance of this Contract, and any contractual or non-contractual claims or disputes arising hereunder, shall be governed by and construed in accordance with the laws of Scotland. The parties hereby prorogate the non-exclusive jurisdiction of the Scottish Courts. You may, however, choose the law and jurisdiction of England or Northern Ireland if you live there and wish to do so.
3. Your Financial Protection
3.1 All bookings will be processed exclusively by our sister company Stagcove Ltd (trading as Scottish Tours) who are members of ABTA, the Association of British Travel Agents (membership number: P7043).
3.2 Your money and holiday are protected by ABTA’s financial protection scheme.
4. Holiday Price
4.1 We reserve the right to alter the prices of any of our holidays, or to correct errors in the prices quoted or calculated for any Product. You will be advised by the travel agent of the current price of the holiday that you wish to Book before your Contract is confirmed.
4.2 Full payment to the travel agent is required at time of Booking.
4.3 The price of your travel arrangements is fully guaranteed and will not be subject to any surcharges.
4.4 All monies you pay to the travel agent are held by them on our behalf at all times.
5. If You wish to Change Your Booking
5.1 If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the Booking directly to the travel agent. You will be asked to pay an administration charge (of £50), and any further costs that we reasonably incur in making this alteration. You
should be aware that these costs could increase the closer to the departure
date that changes are made, and you should therefore contact us as soon as
5.2 Certain travel arrangements (for example: certain types of hotel bookings) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
5.3 The train tickets that are issued as part of your tour can only be changed to another date of travel or departure time. Any changes made will incur an administration fee and any difference in the fare will be chargeable.
6. If you wish to Cancel Your Holiday
6.1 If you, or any member of your party, want(s) to cancel your travel arrangements, you may do so at any time. You should contact the travel agent (by E-mail, requesting an electronic read-receipt from us) in writing as soon as possible in order to arrange this. Cancellation will be deemed to have occurred on the day that we receive this cancellation request.
Cancellation charges will be as follows:
Period before departure Cancellation charge
in which you notify us
More than 45 days 100% of the holiday cost
45 days to 1 day 100% of holiday cost
Day of departure 100% of holiday cost
6.2 If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
6.3 If one person sharing a twin or double room cancels their Tour then the remaining passenger will be liable for any single room supplement that may be charged. This will be in addition to the charges shown above in this Clause 5.
7. If we wish to Change or Cancel Your Holiday
7.1 As we plan your holiday arrangements many months in advance, we may occasionally have to make changes or cancel your Booking and we reserve the right to do so at any time.
7.2 If we make a significant change to your holiday, we will inform you via the travel agent as soon as reasonably possible. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid.
In some cases we will also pay compensation (see below).
7.3 These options don’t apply for minor changes. Examples of minor changes include: change of accommodation to property of a similar or higher standard; the route that the Tour takes, or the type or size of coach employed on the Tour.
7.4 We will not cancel your travel arrangements less than 4 weeks before your departure date, except for reasons of Force Majeure. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached. If your holiday is cancelled you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). In some cases we will also pay compensation (see below).
7.5 If we cancel or make a significant change we will pay compensation to you as detailed below, except where the major change or cancellation arises due to reasons of Force Majeure.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
If we cancel or make a major change to your holiday
Period before departure Amount you will
in which we notify you receive from us
More than 45 days £0
More than 22 days £10
More than 14 days £20
Less than one day £30
8.1 Accommodation is selected for location, facilities and value. Any star rating or quality classification that is quoted by us is based on our rating of that accommodation and is not an official rating.
8.2 Rooms are generally twin or double bedded. Single rooms are available at a supplementary price. It should be noted that single rooms may be smaller than twin or double rooms. Triple or Family Rooms are also generally available and these may comprise of a standard twin or double room with a rollaway or fold down bed.
8.3 Accommodation is subject to availability at time of Booking and may vary from that quoted online. It should be noted that the term “hotel” should not infer the provision of particular facilities such as a restaurant, bar or swimming/spa facilities.
8.4 Rooms are allocated on a “run of house” basis solely by the Accommodation Provider.
8.5 The standard check-in time varies by hotel, but is usually between 14:00 hrs and 15:00 hrs. If you arrive prior to these times your room may not be ready for occupation. If you wish you can put your bags into storage at the hotel for collection later.
8.6 Any images shown in any publications, websites or social media are intended for guidance only
9.1 Unless stated otherwise, lunch or dinner is not included in the price of any Product.
9.2 Any special meal requirements will be made on a request basis and cannot be guaranteed.
10.1 You may bring one medium sized suitcase per person which can be transported in the baggage rack of the train or in the luggage compartment of the coach. In addition you may bring one small carry-on bag which must be able to fit in the overhead rack (where fitted) or under your seat on the relevant transport.
10.2 All luggage is carried at owner’s risk.
11.1 It is your responsibility to be at the designated departure time no later than the check-in time shown in your Tour Documentation. The train and coach departures will not be delayed for you and if you miss the Tour because you are late, you will not receive a refund nor will your Booking be moved to an alternative tour or date of travel.
11.2 If you miss your Tour departure you may be able to join the Tour en-route. You should Telephone us immediately and we will offer whatever assistance we can. Any costs incurred in joining the Tour in such circumstances will be at your own expense.
11.3 All times shown on your Tour Documentation are for guidance only and we take no responsibility for missed connections if the return time of your Tour is delayed for any reason.
11.4 Please bring your Tour Documentation with you to your Tour departure, to confirm your entitlement to travel. This can either be a printed copy or an electronic version that can be viewed by us on your mobile device.
12. Travel Insurance
12.1 We strongly recommend that you purchase adequate travel insurance.
13. Tour Participation
13.1 We reserve the right to refuse to carry any person whose conduct or manner causes or is likely to cause offence or upset to other customers. This includes exhibiting irrational conduct that is likely to cause anxiety, annoyance, harm or damage to others. In such cases full cancellation charges will apply and we will have no further liability to that passenger, including in respect of the cost of travelling home (please see Clause 6 for cancellation charge details).
13.2 We reserve the right to refuse to carry any person if they are (or appear to be) experiencing medical symptoms likely to cause ill health to others. Please therefore ensure that you are fit to travel prior to the departure time.
14. Passengers with Special Needs
14.1 No special arrangements are made for travellers with special needs. If you or anyone in your party requires assistance then you/they must be accompanied by an experienced and able-bodied companion who can cater for all of your/their needs. Some accommodation and sightseeing may require climbing stairs or walking on uneven surfaces.
14.2 The carriage of folding wheelchairs and other walking aids cannot be guaranteed and will be subject to availability of space. Please notify us as soon as possible if you have any such requirements.
15.1 No refunds will be given for a Tour (or part thereof, for example a specific service or excursion that forms part of the Tour) that you did not use due to your late arrival at the departure point, leaving the Tour early or by choice. This includes Tours that are curtailed due to bad weather, road closure etc.
16. If you have a complaint
16.1 If you have a problem during your holiday, please inform the relevant supplier/service provider (e.g. your hotelier) or Telephone/E-mail us immediately. We will endeavour to assist you and, where possible, to put things right.
16.2 If your complaint is not resolved locally, please follow this up within 28 days of your return home by contacting the travel agent giving your booking reference and all other relevant information. Please keep your communication concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services and complete a report form whilst on tour. If you fail to follow this simple procedure, we will have been deprived of the opportunity to investigate and rectify your complaint and this may affect your rights under this Contract.
17. Our Liability to You
17.1 If the Contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the Contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
17.2 Subject to Clause 17.3, our liability to you under this Contract shall be limited to a maximum of two (2) times the cost of your travel arrangements.
17.3 Nothing in this Clause 16, or elsewhere in this Contract, shall seek to limit or exclude our liability to you for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other circumstances which by law cannot be limited or excluded.
18. Prompt Assistance while on Tour
18.1 If the Contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
19. Passport, Visa and Immigration Requirements
19.1 Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates.
19.2 We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
20. Data Protection
20.1 Stagcove Limited (SC165266) is an affiliated company of Rail Tours Ltd. If you provide us with any personal data in connection with your Booking, Stagcove Limited will be the data controller in respect of that personal data. Your personal data will be used only for the purposes of processing your Booking (including passing such information to the relevant supplier(s) or service provider(s) to enable them to fulfil your Booking).
20.2 Please note that when giving information for the purposes of making your Booking, you will be deemed to consent to being sent e-mail communications about our services from time to time. Your e-mail information will not be used by any other company or organisation. If you would prefer your information not to be used in that way, please contact us to opt-out of receiving any further marketing from us, giving your name and address: (i) by E-mail, or (ii) by post to Stagcove Limited, 272 Bath Street, Glasgow, G2 4JR.
See our full Privacy Statement by clicking on this link.
21.1 These terms and conditions, together with the relevant Tour Confirmation/Voucher constitute the entire agreement between you and us in relation to that Booking.
21.2 In the event that the whole or any part of a provision may prove to be illegal or unenforceable, the other provisions of these terms and conditions and the remainder of the provision in question will remain in full force and effect.
21.3 The use in these terms and conditions to the words “include”, “including” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
21.4 We may at any time revise these terms and conditions without notice.