Terms and Conditions

These are the terms and conditions between Hidden Gems Golf Tours (Scotland) Limited (the “Operator”) and the lead organiser (who must be aged 18 years or over) of the party (“You”) for the booking of a golf tour or short golf break with the Operator.

1. Tour Booking

For all golf tours and short golf breaks, Your contract for that booking will be with the Operator. The Operator will accept responsibility for it in accordance with these Booking Conditions as an 'organiser' under the Package Travel, Package Holidays and Package Tours Regulations 1992.

2. Confirmation of booking and Itinerary

1. After You have made an enquiry and agreed the requirements of the short golf break or golf tour with the Operator, the Operators will email You a draft itinerary which will include details of all golf, accommodation and travel requested by You. You will have 72 hours in which to accept or decline the itinerary or accept the itinerary with amendments agreed between You and the Operator.
2. If You accept the draft Itinerary or request amendments which are agreed by the Operator in terms of clause 2(a) above then Operator will send You the finalised itinerary (the “Itinerary) which will also show the balance to be paid by You. At this point a binding contract will come into existence between You and the Operator and You will require to pay all sums due in terms of clause 5 below.
3. Please check the Itinerary carefully as soon as You have agreed it with the Operator, paying special attention to the room type on your booking confirmation. Please remember that You will be liable for the cost of any golf, accommodation, travel and meals which are not included in the Itinerary.
4. Please contact the Operator immediately if any information, which appears on the booking confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. The Operator does not accept liability for errors notified to the Operator after a binding contract comes into existence.

3. Cancellation and Alteration by You

1. The Itinerary will show details of all sums which will require to be paid to suppliers of golf, travel and/or accommodation to secure Your Itinerary (the “Payment”).
2. In the event of a reduction in numbers or cancellation eight weeks prior to the date of the holiday it will result in forfeiture by the person(s) cancelling of all monies paid or due at that time, depending on the refunds policy of the suppliers of golf, accommodation, transport and equipment. The Operator will use reasonable endeavours with the suppliers to try and obtain refunds where a cancellation has occurred but is under no obligation make any refund payments.
3. In the event of any other amendments notified to the Operator after the Itinerary is issued You must pay in addition all costs incurred by the Operator in making the amendment together with any costs or charges incurred or imposed by any suppliers of accommodation, travel and/or golf. In particular, if numbers change so that there is an odd number remaining in the party, single room supplements will apply.

4. Cancellation and alteration by the Operator

Occasionally, the Operator have to make changes to and correct errors in our website or any promotional material both before and after bookings have been confirmed and cancel confirmed bookings. The Operator will use reasonable endeavours to avoid changes and cancellations, but must reserve the right to do so in case of events outwith the Operators control making this necessary.

Where the Operator has to make a "significant change" which involves a major cancellation or significant alteration of Your golf tour or short golf break the Operator will tell You as soon as possible (examples of major cancellations or significant changes would be if the hotel or golf course on the original booking was not available). If there is time to do so before departure, the Operator will offer You the choice of the following options:

1. (for significant changes) accepting the changed arrangements;
2. purchasing an alternative golf tour or short golf break from the Operator, of a similar standard to that originally booked if available. The Operator will offer you at least one alternative golf tour or short golf break of equivalent standard for which you will not be asked to pay any more than the price of the original break. If this break is in fact cheaper than the original one, we will refund the price difference; or
3. cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to the Operator.

The above options are not available where any change made by the Operator is a minor one (examples of minor changes would be changes to tee off times or make/model of car available for hire).

5. Payment

1. Full payment must be made by You and Your party at the time the Itinerary is issued. The Itinerary will detail the Payment which require to be paid to suppliers to secure the booking and the Payment will be non- refundable in all circumstances, except at the discretion of the Operator.
2. The Payment will be held by the Operator in a trust account and will not be released by the Operator until the Your holiday has completed to comply with the Package Travel, Package Holidays and Package Tours Regulations 1992.
3. If the golf tour or short golf break involves the purchase of a golfing pass issued by VisitScotland You the full amount of each pass purchased at the same time You pay any Payment and the cost of these passes will be non- refundable. If these passes require to be purchased their cost will be included in the Payment and detailed on Itinerary.
4. The Itinerary will give details of the agreed payment method by You. The preferred method of receiving the Payment is by the Operator sending You an e-mail with a link to Paypal.
5. In the event You pay for the golf tour or short golf break by debit or credit card the Operator will not store any debit or credit card details submitted by You after the payment has been processed.

6. VAT

The prices quoted by the Operator will be inclusive of Value Added Tax, where this requires to be charged.

7. Behaviour of Party

You will ensure that members of the party conduct themselves in a courteous and respectful manner. In the event that any member of the party causes damage to the golf course, accommodation or vehicles on the short golf break or golf tour then You or the relevant member of Your party will be liable for the cost of repairing the damage.

8. Handicap Certificate and standard of dress

It is advisable that You ensure all members of the party are dressed in normal golfing attire and are in possession of a handicap certificate. Many golf clubs do not allow entry to those who are dressed inappropriately or do not have a handicap certificate. The Operator will not be liable if any member of the party is excluded from playing on a course or entering a golf clubhouse as a result of not having a handicap certificate or wearing the correct attire.

9. Condition of course and weather

1. The condition of golf courses varies throughout the year. General golf course maintenance on tee boxes, fairways and greens are an essential feature of golf course preparation. The Operator cannot be held responsible for the impact of such work but will use reasonable endeavours to let You know if any work is contemplated by a golf course at the time the Itinerary is issued.
2. Bad weather is unavoidable during the year, especially in Scotland. Golf courses reserve the right to close or operate temporary tee boxes/greens. Refunds may be available but these depend on the policy of the club in question due to golf course closure but golf played on temporary tee boxes/greens is non-refundable and is considered to be an accepted part of playing golf. The Operator cannot be held liable for any loss due to Your decision not to play golf or a golf course being closed due to inclement weather conditions.

10. Car hire

1. In the event You hire a car as part of a golf tour or short golf break You will agree to the terms and conditions of the supplier of the hire car and will indemnify the Operator for the costs and losses as a result of any breach or breaches of any terms and conditions of the supplier of the hire car. A copy of the terms and conditions of any car hirer will be provided to You along with the Itinerary. You should note that there may be additional charges and deposits required by the supplier of the hire car which are payable at the time of collection and return which cannot be included in the Itinerary as they are dependent on the use of the hire car. Where possible the Operator will use reasonable endeavours notify You of these charges where they are known in advance.
2. You must ensure that any driver of a hire car has the appropriate documentation to allow them to legally drive the hire car in the United Kingdom. The Operator cannot be held liable for failure to provide this documentation to any car hire company and the hire being refused.

11. Insurance

You undertake to the Operator to obtain travel insurance before you travel on one of the Operator’s golf tours or short golf breaks. You must ensure that any travel insurance policy You or any member of Your party purchase covers as a minimum the cost of cancellation by you, or, if You are travelling from overseas the cost of assistance including repatriation to your home country, in the event of an accident or illness. It is Your responsibility to ensure that the insurance cover you purchase is adequate for Your particular need as the Operator does not check insurance policies. Please read your policy details carefully and take them with You on your break.

12. Limitation of liability

1. The Operator will use reasonable endeavours to make sure that the booking arrangements contained in the Itinerary with You are performed or provided with reasonable skill and care. This means that, subject to these booking conditions, the Operator (subject to clause 12(b) below) will accept responsibility if Your contracted booking arrangements are not provided as promised or prove deficient as a result of the failure of the Operator, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, Your Itinerary.
2. The Operator will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers) in connection with the Itinerary.
3. The Operator will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or profits), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
   1. the act(s) and/or omission(s) of You or any member(s) of Your party; or
   2. the act(s) and/or omission(s) of a third party not connected with the provision of your booking and which were unforeseeable or unavoidable; or
   3. 'force majeure' as defined in clause 14 below
4. The Operator cannot accept responsibility for any services which are not included in the Itinerary. This includes any additional services or facilities, which any supplier agrees to provide for You where the services or facilities are not in the Itinerary
5. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any transport provider or accommodation provider, the maximum amount of compensation the Operator will have to pay You will be limited. The most the Operator will have to pay You for that claim or that part of a claim if we are found liable to You on any basis is the most the transport provider or accommodation provider concerned would have to pay under Scots law which applies to the travel arrangements or accommodation in question. Where a transport provider or accommodation provider used by the Operator would not be obliged to make any payment to You under Scots Law the Operator is not obliged to make a payment to you for that claim or part of the claim. When making any payment, the Operator is entitled to deduct any money which You have received or are entitled to receive from the transport provider or accommodation provider for the complaint or claim in question.
6. The Operator cannot accept any liability for any damage, loss, expense or other sum(s) of any description:
   1. which on the basis of the information given to us by you concerning your booking prior to the Operator accepting it, the Operator could not have foreseen You would suffer or incur if the Operator breached it’s contract with You; or
   2. which results from any breach of contract or negligence on the part of our suppliers which could not be forseen by the Operator; or
   3. which is a liability for any consequential losses, loss of profit or loss of anticipated business.
7. You must provide the Operator and any insurers of the Operator with all assistance reasonably required in the event of a claim. You must also tell us and the supplier concerned about Your claim or complaint. If asked to do so, You must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with the Operator and the Operator’s insurers if the Operator or the Operator’s insurers want to enforce any rights against a supplier and You agree to transfer to the Operator any rights of action You may have against that supplier.
8. The Operator endeavours to make sure that all parts of the golf tour or short golf break are arranged, performed or provided with expertise and care. The Operator’s liability, subject always to the terms of condition 12(a) above, in relation to any bookings shall be limited to a maximum of the total cost of Your golf tour or short golf break with the Operator.

13. Accuracy and description of products

1. The Operator will use reasonable endeavours to ensure the accuracy of the information (including prices) on our website www.hiddengemsgolftours.co.uk, in any promotional material and any quotes provided to You, however, errors and changes from time to time occur and it is Your responsibility to notify us after checking your Itinerary if any amendments require to be made.All prices quoted by the Operator are per person and based on twin/double occupancy. Single rooms may be available however they often carry a supplement.
2. Subject always to the terms of the Package Travel, Package Holidays and Package Tours Regulations 1992 the Operator reserves the right to increase the price of any golf tour or short golf break advertised on our website or in any marketing material at any time before you book. Any price changes will be clearly advised to you at the time of booking. Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings.

14. Force Majeure

Except where otherwise expressly stated in these Terms and Conditions, the Operator cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or You otherwise suffer any damage or loss as a result of "force majeure". In these Terms and Conditions, "force majeure" means any event which the Operator or any supplier instructed by the Operator to provide the service(s) in question could not reasonably foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural, chemical, biological or nuclear disaster, adverse weather conditions, fire, explosion, earthquake and all similar events outside our control.

15. Delays

The Operator is not in a position to offer You or any member of Your party any assistance in the event of travel delays at your outward or homeward point of departure as we do not book flights and cannot accept liability for their delay. In the event of delay, the provision of refreshments is dependent on the individual transport operator's policy.

16. Governing Law

These terms and conditions will be governed by Scots Law and You agree that the Scottish Courts will have jurisdiction to settle any disputes arising between You and the Operator in the event agreement cannot be reached between the parties.