Terms and Conditions
All golf vacation packages offered by Thistle Golf (Scotland) Limited are sold subject to the following terms required by The Package Travel, Package Holidays and Package Tours Regulations 1992, and by the Office of Fair Trading:-
- The Parties:The vendor shall be Thistle Golf (Scotland) Limited, hereafter referred to as “the Company”; the purchaser shall be the group or individual purchasing the vacation package, hereafter referred to as “the Client”.
- Correspondence:In the event of a vacation being arranged directly with the Company, all correspondence will be addressed by the Company to the Client at the specified address. In the event of any package being arranged through a travel agent, the Company will address all correspondence through that travel agent, who shall henceforth become the Client’s agent. Any funds paid to the travel agent prior to confirmation of the Client’s reservation shall be retained by the travel agent as agent for the Client, and, after confirmation, shall be held by the travel agent as agent for the Company.
- Deposit:A deposit normally equivalent to 50% of the package cost, but including the full cost of green fees where specifically required in advance by the Golf Club, shall be payable by the Client with confirmation of the reservation, or the full amount of the package if within 10 weeks of the package commencement date. The reservation contract shall not be construed as being concluded until a confirmed Client Package Schedule has been issued by the Company confirming that appropriate deposit payment has been received from the Client. If, for any reason, the reservation is not duly confirmed, any deposit shall be returned to the Client. After such confirmation, any cancellation or alteration to the Client Package Schedule shall be subject to the provisions of Sections 5, 6, or 8 below.
- Client Package Schedule:The Company will issue a provisional Client Package Schedule to the Client (or agent)detailing appropriate deposits and other charges payable. All amounts outstanding will require to be paid in full 70 days prior to the date of package commencement. Specific dates for payment will be made clear on the Client Package Schedule. Full payment will become due immediately if such Schedule is issued within 70 days of the package commencement date.
- Cancellation or Alteration by the Client:Any such cancellation (see Section 6) or alteration shall become effective upon receipt of notice by the Company. After issue of the confirmed Client Package Schedule, any alteration to the Schedule which is advised to the Company more than 10 weeks prior to the Package commencement date shall be subject to an administration charge of £25.00 per alteration. Any change to a Client’s name or alteration requested within 10 weeks of the Package commencement date may be treated as a cancellation, subject to the terms of Section 6.
- Cancellation by the Client:In the event of failure by the Client to pay to the Company any outstanding balance by the due date, then the Company reserves the right to cancel the reservation, after due notice being provided to the Client or agent. In such event, or if the Client cancels the reservation, any deposit shall be forfeited. If cancellation is effected as above, a Cancellation charge will become payable by the Client to the Company on the following basis:
More than 70 days prior to package commencement – Deposit only
70-57 days – 60% of total package
56-32 days – 80% of total package
31-1 day – 100% of total packageWe strongly recommend that the Client purchases package cancellation insurance.
- Price Guarantee:The Company reserves the right to alter prices at any time. In the event of the Client accepting the price quoted in the Client Package Schedule and making payment in full by return, the package will be guaranteed against further increase. If, however, the Client elects only to pay the deposit until the balance is due, the Company reserves the right to issue a further Schedule indicating price rise due to currency fluctuations, subject to the first 2% of such increase being absorbed by the Company. In the event of any increase exceeding 10% of the package cost, the Client will be entitled to a refund in full.
- Cancellation or Alteration by the Company:Any necessary alterations will be notified by the Company to the Client or agent without undue delay. Minor alterations will be effected by way of a comparable alternative. In the event of major alterations to the Client Package Schedule, the Client may opt either to accept the alternative package, or to cancel the vacation with full refund. In addition, if the major change is effected by the Company within 70 days of the Package commencement date, the Client will be entitled to receive a compensation payment for each person named upon the Client Package Schedule on the following basis:
70-29 days – £20 per person
28-15 days – £30 per person
14-0 days – £40 per personShould the Client opt to cancel as the result of a major change, he will be refunded in full in addition to the compensation payments in accordance with the scale above. A “major change” to the Client Package Schedule prior to commencement date is deemed to involve a change to the Client’s chosen golfing destination. Please note that the Company does 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.
- The Company’s Liability:The Company will provide all arrangements in accordance with the Client Package Schedule, as stated, and will accept responsibility for any loss or omission caused by a Company employee. The Company further accepts liability for the actions or omissions of our agents or sub-contractors, acting in the course of their employment. The Company will endeavour to assist the Client in resolving any dispute with an independent party. In the event of the Client (or any member of the party) suffering personal injury, illness or death during the course of the vacation, arising from a situation unconnected with the arrangements made by the Company, the Company will endeavour to offer assistance, guidance or advice, at the Company’s discretion.
- Force Majeure:The Company accepts no responsibility for, nor shall it be liable to the Client for any loss, damage or changes to the Package Schedule arising from strikes, industrial disputes, riots, civil commotion, political unrest, hostilities, or threat of war, terrorist activity, fire, flood or weather problems outwith its control.
- Travel Insurance:The Company strongly recommends that, upon acceptance of the tour package, the Client will effect package and travel insurance cover in respect of any individual or all members of the Client group, thereby mitigating loss accruing to the Client through cancellation, illness, damage or theft, or other cause.
- Client Complaint:The Company has made every effort to ensure the success of the package. In the event of complaint, the Client should endeavour to resolve matters firstly with the hotel, car rental company or others involved. In the event of the complaint not being resolved, the Client should notify the Company as soon as practicable. Any formal complaint must be made in writing within 28 days of return home, after which no action can be taken. If the complaint remains unresolved, the Chartered Institute of Arbitrators has devised a simple and inexpensive means of arbitration, based on documents, with restricted liability for costs. Situations giving rise to claims of more than £1500 per person or £7500 per group, or those relating to illness or injury to a Client shall be addressed fully by the Company within 9 months of the Client’s date of return home.
- Law of Scotland:All contracts entered into between the Company and Client or Agent shall be governed by the Law of Scotland, and, without prejudice to Condition 12, the parties submit to the exclusive jurisdiction of the Scottish Courts.
Revised: May, 2005 (Revision G)