1.1 In these Terms and Conditions the following words shall have the meanings ascribed to them:-
“Booking” means your acceptance of a Quote by receipt by us of the relevant Deposit and the relevant Quote signed to signify your acceptance;
“you” means the client as detailed in the Booking and all participants on the Tour;
“us” or “we” means David Harris, trading as Bonnie Wee Golf;
“Service” means, as far as applicable to each Tour, any element of the Tour, including but not limited to, each of travel to and from the destinations stated in the Booking, accommodation, food, sight-seeing and recreational and sporting activity requirements together with business and conference service requirements to be provided to you during the Tour, detailed in the Booking or added by agreement between you and us;
“Invoice” means the invoice addressed to you;
“Quote” means the information and price details relating to a particular Tour provided by us, which are based on the information provided to us by you at the date of the Quote; and
“Tour” means the entirety of the Services to be enjoyed by you from the date of commencement to the date of return, all as set out in the Booking.
2. Application of these Terms and Conditions
These Terms and Conditions form part of all Quotes and shall apply to all Bookings made by you whether based on a Quote or otherwise, to the Tour and all Services provided to you during the Tour and to any additional Services taken up by you during the Tour.
3. Quotes and Bookings
3.1 The prices stated in all Quotes and the Booking, together with any special conditions applicable to Quotes and Bookings, have been prepared on the basis of your stated requirements and, in particular, where your Booking is for a Tour that is to be undertaken by a group, the specified minimum number of participants (as specified in the Quote or, where applicable, the Booking) travelling together on the Tour. We reserve the right to revise Quotes in the event of any change in your stated requirements subsequent to the date of the Quote.
3.2 All prices stated in Quotes and Bookings are exclusive of Value Added Tax charged at the prevailing rate. We reserve the right to amend any Quotes to take account of changes to the prevailing rate of Value Added Tax.
3.3 All food prices in Quotes and Bookings exclude all beverages, both non-alcoholic and alcoholic, unless expressly stated otherwise.
3.4 Tips, gratuities and porterage costs are not included in Quotes or Bookings.
3.5 All Quotes are valid only on the date provided and thereafter are subject to fluctuation consequent upon any changes in our costs, rates of taxation and rates of exchange. We reserve the right to withdraw or amend any Quote subsequent to the date it is provided to you and prior to payment being made by you. Once payment has been
received in full by us the price of a Booking is thereafter guaranteed, subject to the provisions of Clause 3.6 below.
3.6 Should there be any increase in the cost to us, caused by changes in transportation costs, including the cost of fuel; currency exchange rate fluctuations; and/or dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fee at ports and airports, the following shall apply, subject to Clause 3.7 below:
3.6.1 Where that increase is less than 2% of the total cost of the Tour attributable to you, we shall absorb that increase and there will be no resultant increase in the cost of your Booking;
3.6.2 Where that increase is greater than 2% but less than 10% of the total cost of the Tour attributable to you, we will pass that increased cost to the extent to which it exceeds 2% of the total cost of the Tour attributable to you, on to you and the cost of your Booking shall be increased accordingly;
3.6.3 Where that increase is greater than 10% of the total cost of the Tour attributable to you, we will notify you and you will have the option of continuing with the Tour arrangements and meeting the extra costs or of cancelling with a refund of any money you have paid to us, except any charges we have incurred for amendments. If you decide to cancel the holiday, you must do so within seven working days of the issue of the notification to you of the revised cost.
3.7 We will not make any increase in the total cost of the Tour attributable to you within 30 days prior to your scheduled commencement date.
3.8 We have taken all care to ensure published information and prices are accurate however if we identify an error or omission following publication, we will inform you before confirming your booking. The revised information will then form part of your contract. If an error or omission is discovered after your booking is made, we will always try to advise you prior to your holiday.
3.9 On receipt of your payment, we will email confirmation of your Booking with Bonnie Wee Golf. The confirmation will clearly state the balance to be paid and the date by which it is due.
3.10 Please check the confirmation carefully to make sure that all your Booking details are all correct. If your confirmation appears to be incorrect or incomplete please notify us immediately and we will endeavour to make the necessary changes.
3.11 Bonnie Wee Golf reserves the right to make changes to and correct errors after Bookings have been confirmed.
4. Undertaking by us
4.1 We are required to comply with all relevant statutes and regulations including the Package Travel, Package Holidays and Package Tours Regulations 1992. We undertake to provide the Tour to you upon the terms detailed in the Booking and these Terms and Conditions.
4.2 We have in place Tour Organisers Liability Insurance, with WR Berkley Insurance (Europe) Ltd. (the “insurer”) (Policy Number: TOTAHC001370) The Insurer’s details are as follows:
40 Lime Street
Web address – http://www.wrbunderwriting.com
Full details of the policy are available upon request.
5.1 The following payment conditions shall apply to all Bookings made with us, except where specifically stated otherwise. In the event that alternative or additional terms and conditions are to apply to any part of a Booking, the Tour, or any Services taken up by you, notice will be given to you of the existence of such alternative or additional terms and conditions, and the extent to which those alternative or additional terms and conditions apply will be communicated to you. In the event of any inconsistency or conflict between these Terms and Conditions and any alternative or additional terms and conditions in respect of which notice has been given to you, the provisions of these Terms and Conditions shall prevail.
5.2 Unless otherwise stated in writing in the Quote, a deposit of 30% of the total cost of the Booking is payable upon confirmation of the Booking by us, plus any additional deposits required as detailed and itemised in the Quote (e.g. a 40% deposit is required for the Old Course Experience).
5.3 The remainder of the total cost of the Booking will be payable 42 days prior to the date of commencement of the Tour.
5.4 The cost of any additional Services not detailed in the Booking but enjoyed by you during the Tour and which are paid for by us must be settled in full within 14 days following the final day of the Tour, as stated in the Booking.
5.5 The Tour shall be provided to you at the rates and upon the payment terms detailed in the Booking. Time shall be of the essence in respect of payments due by you and we shall be entitled to cancel the Booking in accordance with Clause 10.1 if the balance of the cost of the Booking payable pursuant to Clause 5.3 above has not been received by us at least 21 days prior to the date of commencement of the Tour.
5.6 Bonnie Wee Golf accepts the following forms of payment: 5.6.1 Credit Cards – Visa, MasterCard, American Express; 5.6.2 Debit Cards – Maestro, Switch, Electron, Solo and Delta; 5.6.3 Cheques made payable to “Bonnie Wee Golf”; and
5.6.4 Bank Transfers.
6. Alteration or Cancellation by us: (no fault on your part)
6.1 We will notify you of any necessary alterations to the Tour or if we require to cancel the Tour as soon as is reasonably possible. Minor alterations to the Tour will be effected by way of a comparable alternative. If we cancel the Tour you shall be entitled to a full refund. In the event of a major alteration to the Tour, you shall be entitled to either accept the alternative package, or to cancel the Tour with full refund.
6.2 A “major alteration” to the Tour prior to commencement date is deemed to involve a change to your chosen golfing destination. Please note that we do not guarantee the availability of tee times at any golf course, where demand may often exceed availability; in event of non-availability, we shall endeavour to secure the next best alternative golf course.
6.3 Please also be aware that some golf courses may pair you up with other golfers during peak times.
7. Cancellation of Booking by you (no fault on our part)
7.1 The following cancellation charges will be payable in respect of a total cancellation of a Booking:-
7.1.1 for cancellations up until 120 days prior to the commencement of the Tour, all cancellation charges charged to us by our suppliers in respect of the cancelled Tour plus an administrative fee of 5% of the cost of the Booking plus VAT will be payable by you to us;
7.1.2 for cancellations between 120 and 60 days (inclusive) prior to the commencement of the Tour, all cancellation charges charged to us by our suppliers in respect of the cancelled Tour plus an administrative fee of 10% of the cost of the Booking plus VAT will be payable by you to us;
7.1.3 for cancellations between 59 and 30 days (inclusive) prior to the commencement of the Tour, all cancellation charges charged to us by our suppliers in respect of the cancelled tour plus an administrative fee of 15% of the cost of the Booking plus VAT will be payable by you to us;
7.1.4 the full price of the Tour as stated in the Booking will be payable by you to us if:-
18.104.22.168 you notify us between 29 and 0 days (inclusive) prior to the commencement of the Tour that you do not intend to take up the Booking; or
22.214.171.124 you, without prior notice, fail to take up the Booking.
8. Impact of Cancellation on Group Booking
8.1 Where your booking is for a tour undertaken as part of a group cancellation by other members of the group may impact on your tour as follows:
8.2 In addition to cancellation charges becoming payable by the individuals concerned in accordance with Clause 7 above, if you cancel or fail to take up a Booking which is for a Tour that is to be undertaken by a group, the following shall also apply:-
8.2.1 if at any point prior up to 30 days prior to the start of the Tour, more than 40% of the original number of participants in the Tour have cancelled, we reserve the right to amend the total cost of each Booking based on the new number of participants and the resultant revised costing per participant involved in preparation of, and organisation for the Tour. In the event that following preparation by us of this revised costing per participant and subsequent discussion with you, you then wish to cancel the Booking; you shall be liable to pay the full cancellation charges pursuant to Clause 7; and
8.2.2 if at any point in the 30 days preceding the day of the commencement of the Tour, more than 40% of the original number of participants in the Tour have cancelled, we, in our sole discretion, shall be entitled to cancel the entire Booking cancelled. You shall then be liable to pay the appropriate full cancellation charges in accordance with Clause 7.
9. Individual Services
In the event that you cancel, in full or in part, a Service arranged by us for you at any time, you shall pay to us any cancellation charges charged to us by the relevant supplier in respect of the full or partial cancellation of the Service. In the event that you make a partial cancellation of a Service, it shall be at our sole discretion whether to provide that Service to you, depending on the number of participants remaining in respect of the Service and, on the basis of this, whether the Service can feasibly be provided to you. If we consider in our sole discretion, that the Service will no longer be provided to you, you shall be liable to pay the full amount of the charges charged to us by the relevant supplier as if the Service had been cancelled in full by you.
10. Cancellation for failure to pay
In the event of your failure to pay us any outstanding balance by the due date, then we reserve the right to cancel the reservation, after due notice being provided to you. In such event, or if you cancel the reservation, any deposit shall be forfeited and a cancellation charge will become payable by you to us in accordance with Clause 7.1.4.
11. Our rights
11.1 The cancellation fees are accepted by you as a genuine pre-estimate of our loss as a result of the Tour not being taken up by you in whole or in part.
11.2 In the event of termination pursuant to Clauses 7 or 8 we shall have the right to retain any monies already paid under the Booking and apply the same towards satisfaction of the cancellation fees or any exceptional loss suffered by us.
11.3 Our right to require payment of the cancellation fees is without prejudice to any other right or remedy at law we may have against you.
12. Your obligations
12.1 You shall be responsible for any damage to or destruction of any property belonging to us or to a third party, which is attributable to you.
12.2 You will comply with all reasonable requests and directions from us and from the our suppliers.
12.3 A passport is necessary to travel to all European countries. Most European countries enjoy the same level of medical service as Great Britain however we recommend all clients to obtain from their local DHSS office a copy of the booklet “Protect Your Health Abroad” the form E111 for presentation when seeking medical assistance abroad. The E111 entitles you; your spouse and your dependants to Free State provided or reduced cost emergency treatment. All passengers entering the USA from the UK now require a MRP (Machine Readable Passport). Certain countries require a pre- arranged entry visa; we accept no responsibility for visa requirements, and advise all travellers to ensure that the requisite documents are in place prior to travel. For more information consult the Foreign & Commonwealth Office.
12.4 We strongly recommend that you purchase golf travel insurance. Some insurance companies may consider the game of golf as a dangerous sport and you should mention your participation when obtaining a quotation. You should also ensure that your golf equipment is covered in the policy.
12.5 If you have any special requests, you must advise us at the time of booking. Although we will endeavour to meet any such requests we regret we cannot guarantee to do so.
12.6 We cannot accept any responsibility in any ruling by the hotel/golf course if you or any of your group is unable to play due to inappropriate attire. Please check before you travel that your group is aware of appropriate golfing attire.
12.7 Knowledge of golf etiquette and the rules of golf are expected by all members of your group. Some golf courses will require handicap certificates before accepting visitors, which we will try to advise you of at the time of booking.
12.8 Please note that all extras such as food, drink, entertainment, spa treatments and transport consumed by you but not listed in your Booking must be paid for by you and your booking with Bonnie Wee Golf only includes the package set out in your confirmation email and invoice. We accept no liability for any charges you consume in relation to any extras outside of the items listed in your Booking.
12.9 Bonnie Wee Golf acts as an agent for each supplier of the services that make up your Tour. If you have a complaint or experience any problems during your Tour please inform the relevant supplier immediately during your Tour. If you do not reach an acceptable conclusion during your Tour please notify us in writing by letter within a reasonable time from the end of the Tour.
13.1 We shall not not be liable for to you for any damage caused to you by our failure to perform the Contract or our improper performance of the Contract if that failure is:-
13.1.1 attributable to you;
13.1.2 attributable to a third party unconnected with the provision of the Tour, and is unforeseeable or unavoidable; or
13.1.3 due to i) unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if we had exercised all due care; or ii) an event which we or the relevant supplier, even with all due care, could not foresee or forestall.
14. Failure to take action will not prevent future action
14.1 If we become entitled to take action under this Contract (e.g. to cancel because of non-payment) but do not immediately take that action, the fact that we have not taken the action immediately will not prevent us doing so later.
14.2 Any complaints relating to failure to perform or inadequate performance of the contract constituted by these Terms and Conditions and the Booking by us must be received by us within a reasonable time from your date of return from the Tour. Any assistance provided in resolving a complaint in relation to any supplier is provided on a goodwill basis and in our capacity as an agent. If you have a complaint concerning any Services we provide you must inform us immediately in writing within a reasonable time from your departure date. We regret we cannot accept any liability if we are not so notified. Our maximum liability to you if we are found to have been at fault in relation to any Service we provide is limited to the total cost of the Booking of which the Service forms part.
15. Entire Agreement
These Terms and Conditions, the Booking and any additional/alternative terms brought to your attention constitute the entire understanding between the parties concerning the Booking, the Tour and the Services. The construction, validity and performance of the Booking and these Terms and Conditions plus any additional/alternative terms brought to your attention shall be governed by the law of Scotland. Each provision of these Terms and Conditions shall be construed separately and notwithstanding that the whole or any part of such provision may prove to be illegal or unenforceable, the other provisions of these Terms and Conditions and the remainder of the provision in question shall continue in full force and effect.
16. Law of Scotland
All contracts entered into between you and us shall be governed by the law of Scotland. Any dispute arising under or in connection with these Terms and Conditions or any additional / alternative terms brought to your attention in connection with the Tour shall be referred in the first instance to arbitration by a single arbiter appointed by agreement by us and you or, failing agreement, nominated on the application of either party by the President for the time being of the Law Society of Scotland, and the parties agree to be bound by the appointed arbiter’s decision. In the event that the Arbiter is unable to reach a decision in relation to the dispute, or if the Arbiter’s decision is that the dispute should be referred to an alternative body for resolution, or if you request that the dispute be referred directly to the Courts, you and we agree to submit to the non-exclusive jurisdiction of the Scottish Courts.