1.    DEFINITIONS

1.1.    When the following words with capital letters are used in these Terms (as defined below), this is what they will mean:-

  • Adult: means anyone aged sixteen (16) years or older
  • Adult Rate: means the Price, as specified in Our price list as amended from time to time, for the Services applicable to Adults;
  • Booking: Your booking for the Services, whether verbal or written;
  • Children: means children between five (5) and fifteen (15) years of age inclusively and “Child” shall be construed accordingly;
  • Child Rate: means the Price, as specified in Our price list as amended from time to time, for the Services applicable to Children;
  • Event Outside Our Control: is defined in clause 9.2;
  • Flight Excursion: means any identified tour that You book with Us which includes air travel;
  • Land Excursion: means any identified tour that You book with Us that does not include air travel but may include travel by vehicle (for example, bus, ferry and/or train);
  • Price: the purchase price for the Services contained in Our price list, as updated from time to time;
  • Reference Number: the unique number issued to You by Us upon Our acceptance of Your Booking;
  • School Group: means any tour organised by a school for a number of students;
  • Service(s): the identified tour and/or provision of guides We will provide to You as specified in Your Booking and/or on Your Ticket;
  • Standard Group: means any Booking for Adults or Children that is not for a School Group;
  • Terms: means these terms and conditions, as updated from time to time;
  • Ticket: the ticket provided or made available to You;
  • We/Our/Us: Mercat Tours International Limited, a company incorporated and registered in Scotland with company number SC214668 and whose registered office at Mercat House, 28 Blair Street, Edinburgh EH1 1QR;
  • Working Day: any day which is not a Saturday, Sunday, or a local public holiday in Edinburgh, and
  • You/Your: the consumer making the Booking and/or the Ticket holder.

1.2.    When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

2.    OUR CONTRACT WITH YOU

2.1.    These are the Terms on which We supply the Services to You

2.2.    Please ensure that You read these Terms carefully, and check that the details in Your Booking and/or Ticket are complete and accurate, before continuing with the Booking.

2.3.    Bookings can be made in person, over the telephone, on Our website (www.mercattoursinternational.com) or via email.

2.4.    When You submit Your Booking to Us, this does not mean We have accepted Your Booking for the Services. If We are unable to supply You with the Services, We will inform You of this verbally or in writing and We will not process Your Booking, nor accept payment. We will use Our reasonable endeavours to suggest alternative Services to You.

2.5.    When Booking with Us we shall provide You with:-

2.5.1.    general information about passport and visa requirements;

2.5.2.    information about the length of time it is likely to obtain the appropriate passports and visas;

2.5.3.    information about health formalities that may be required in respect of the Services; 

2.5.4.    details of Our arrangements for security for the money paid by You to Us and (where applicable) for the repatriation of You in the event of Our insolvency; 

2.5.5.    the travel destination(s) in respect of the Services and information regarding relevant periods of stay, including dates; 

2.5.6.    the means and characteristics of transport that We will use in providing the Services to You, including the dates, times and points of departure;

2.5.7.    if the Services include accommodation, We will provide You with the location, tourist category, degree of comfort and main features of the accommodations;

2.5.8.    information about any meals that may be included in the Services;

2.5.9.    your travel itinerary;

2.5.10.    general information on any visits, excursions or other services that We provide You as part of the Services;

2.5.11.    Our name and address; 

2.5.12.    the Price, as well as details of any dues, taxes or fees that may be chargeable and do not form part of the Price that You pay Us at the time You make a Booking; and

2.5.13.    Our payment schedule and method of payment for the Price.

2.6.    We will confirm Your Booking by accepting payment from You for the Price of the Services and issue You with a Reference Number and/or Ticket, if applicable. When We issue Your Reference Number, You will be deemed to have accepted these Terms and the contract between You and Us will come into existence.

2.7.    Your Booking and/or Your Ticket shall specify:-

2.7.1.    the times and places of intermediate stops and transport connections and particulars of the place to be occupied by You;

2.7.2.    the name, address and telephone number of Our representative who will be traveling with You or details of an agency You may call in difficulty; and

2.7.3.    in the case of Children, where the Services involve a journey or stay abroad (outside of the UK), We will provide You with information enabling You to contact Your Child or Our representative at the place Your Child is staying.

2.8.    You are obliged to pay the Price appropriate to Your status:

2.8.1.    Children shall pay the Child Rate;

2.8.2.    Adults shall pay the Adult Rate, and

2.9.    The Prices applicable to each of the above are set out in Our price list, as updated from time to time. 

2.10.    Circumstances may require Us to revise the Price for Your Booking, including, but not limited to:-

2.10.1.    increases in transportation costs, including cost of fuel;

2.10.2.    increases in dues, taxes or fees chargeable at ports and/or airports; and

2.10.3.    variations in exchange rates,
however, We will notify You of increases in the Price of Your Booking and We will not increase the Price of Your Booking less than thirty (30) days before Your department date as stipulated on Your Ticket.
2.11.    Notwithstanding clause 2.10, if We alter the Price of Your Booking, We will notify you as quickly as reasonably possibly in order to enable You to decide if You want to accept the change in the Price of Your Booking or to cancel Your Booking with Us. If You accept Our change to the Price then We will note this on Your Booking and/or Ticket. However, if You do not accept Our change to the Price then You may cancel Your Booking with Us without penalty.

3.    NON-REFUNDABLE AND NON-TRANSFERABLE

3.1.    Your Booking is valid only for the specific Service as detailed on Your Booking and/or Ticket issued. 

3.2.    If You miss or arrive too late for the specified Service:

3.2.1.    Your Booking is non-transferable, and

3.2.2.    unless clauses 10.1, 10.2, 10.3 or 11.2 apply, Your Booking and/or Ticket is non-refundable.

3.3.    We may at Our sole discretion, amend Your Booking to an alternative Service if this is possible.

4.    PROVIDING SERVICES

4.1.    We will supply the Services to You on the date and time specified in Your Booking and/or Ticket.

4.2.    We will make every reasonable effort to provide the Services on the specified date and time. However, there may be delays due to an Event Outside Our Control. See clause 9 for Our responsibilities when an Event Outside Our Control happens.

4.3.    We reserve the right to make minor amendments to the Services if necessary in the circumstances. Such minor amendments will not affect the overall provision of Services.

4.4.    We reserve the right to correct and amend any errors contained in Our promotional material, website or any of Our other documents at any time.

4.5.    If You do not pay Us for the Services when You are supposed to as set out in clause 7, We may suspend the Services with immediate effect until You have paid Us the outstanding amounts.

5.    YOUR OBLIGATIONS

5.1.    You are obliged to pay the Price applicable to Your status as per clause 2.8 above. If You do not, You will be asked to pay the balance of the applicable Price relevant to Your status before the Services start time.

5.2.    You will arrive thirty (30) minutes prior to the start time, at the designated starting point specified in Your Booking and/or Ticket.

5.3.    If You arrive late for the Service, as determined by Our representative, clause 3 above will apply.

5.4.    Please bring Your Reference Number and/or Ticket and show it to Our representative as proof of Your Booking.

5.5.    We strongly advise that You dress appropriately and wear suitable footwear for the Services, taking into account the weather and terrain.

5.6.    You are obliged to comply with these Terms at all times.

5.7.    You must act reasonably and co-operate with Us in the provision of the Services to You.

5.8.    In the interests of health and safety, You must comply with all reasonable verbal instructions and requests from Our representatives during the Services.

5.9.    If You cause any damage to Our property, You are obliged to indemnify Us for the full cost of replacing the item or repairing the damage.

5.10.    You must, at all times, respect the relevant alcohol and legal drinking age laws of the country You are visiting and, provided that you are of legal drinking age in the country You are visiting, You shall not be under such level of influence of alcohol that may impact Your safety, the safety of Our representatives or anyone else, regardless of whether they are receiving the Services from Us or not. With reference to clause 11.3, We reserve the right, at Our sole discretion, to cancel or suspend the Services You receive from Us.

5.11.    You must let Us know at the time of Your Booking if You or anyone in Your group is required to carry any prescribed medication, including, but not limited to, allergies. We shall not be held responsible in any way to You if You do not tell Us of any medical conditions You may have.

5.12.    Subject to clause 5.11, You must not, at any time during the provision of the Services, be under the influence of any drugs that are considered controlled or illegal in the country You are visiting and You agree that We may, acting in Our reasonable opinion, cancel or suspend the Services You receive from Us if We deem that You have breached this clause 5.12.

6.    IF THERE IS A PROBLEM WITH THE SERVICES

6.1.    In the unlikely event that You are unsatisfied with the Services, please contact Us and tell Us as soon as reasonably possible and within thirty (30) Working Days, We will consider Your comments fully and report back to You on any outcome and/or action taken as a result of Your comments.

6.2.    As a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6.3.    Subject to an Event Outside Our Control, if We are unable to provide You with a significant proportion of the Services after departure then We will make suitable alternative arrangements for You at no extra cost for the continuation of the Services and, if reasonably necessary, compensate You for the difference between the Price You paid Us at the start of the Service and the Service that We ultimately supply You. If We determine that We cannot make reasonable arrangements to continue the Service or You do not accept Our alternative arrangements for good reason, then We will provide You with transport back to Your place of departure and where appropriate compensate You.

7.    PRICE AND PAYMENT

7.1.    The Price of the Services includes VAT, unless stated otherwise.

7.2.    You may pay by cash, cheque, BACS or by debit/credit card.

7.3.    All payments must be paid in sterling (GBP). Payment in foreign coins/notes will not be accepted. Payment from foreign bank accounts must be agreed with Us in advance and may incur a bank charge, which must be met by You and will be invoiced by Us after full payment for Services has been paid.

7.4.    In order to secure Your Booking for Service(s) with Us, You will be required to pay the full Price for Your trip in three (3) instalments in accordance with Your type of Booking as follows:

7.4.1.    If you are a School Group and You are booking a Flight Excursion then:

7.4.1.1.    You will pay Us a non-refundable deposit of £150 per person at the time You make your Booking with Us;

7.4.1.2.    You will pay Us a second non-refundable deposit of £50 per person no later than five (5) months prior to Your departure. If Your Booking is made more than two (2) months, but less than five (5) month , prior to Your departure then You will pay Us the sum mentioned in this clause 7.4.1.2 and clause 7.4.1.1 at the same time; and

7.4.1.3.    You will pay Us the full outstanding balance per person for Your Booking no later than two (2) months prior to Your departure.

7.4.2.    If you are a School Group and You are booking a Land Excursion then:

7.4.2.1.    You will pay Us a non-refundable deposit of £50 per person at the time You make your Booking with Us;

7.4.2.2.    You will pay Us a second non-refundable deposit of £50 per person no later than five (5) months prior to Your departure. If Your Booking is made more than two (2) months, but less than five (5) month , prior to Your departure then You will pay Us the sum mentioned in this clause 7.4.1.2 and clause 7.4.1.1 at the same time; and

7.4.2.3.    You will pay Us the full outstanding balance per person for Your Booking no later than two (2) months prior to Your departure.

7.4.3.    If you are a Standard Group and You are booking a Flight Excursion then:

7.4.3.1.    You will pay Us a non-refundable deposit of £150 per person at the time You make your Booking with Us; and

7.4.3.2.    You will pay Us the full outstanding balance per person for Your Booking no later than two (2) months prior to Your departure.

7.4.4.    If you are a Standard Group and You are booking a Land Excursion then:

7.4.4.1.    You will pay Us a non-refundable deposit of £100 per person at the time You make your Booking with Us; and

7.4.4.2.    You will pay Us the full outstanding balance per person for Your Booking no later than two (2) months prior to Your departure.

7.5.    If You are a Standard Group or a School Group and You make a Booking with Us less than two (2) months prior to the date of departure of Your trip then You will pay Us the full Price for that Booking at the time that the Booking is made.
 
7.6.    The full Price (or the amount You have paid Us, if less) will only be refunded in the event that the Service is cancelled by You or Us as provided for in clauses 10.1, 10.2, 10.5 or 11.1 only.

7.7.    * Deposit prices are subject to change.

8.    OUR LIABILITY TO YOU

8.1.    If We materially fail to comply with these Terms, We are responsible for any material loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Material loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time the contract came into existence.

8.2.    Our total liability under clause 8.1 shall not exceed the total Price of the Services as stated in Your Booking.

8.3.    We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.4.    We do not exclude or limit in any way Our liability for:

8.4.1.    death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

8.4.2.    fraud or fraudulent misrepresentation;

8.4.3.    breach of the terms implied by section 11B of the Supply of Goods and Services Act 1982 (title and quiet possession);

8.4.4.    breach of the terms implied by sections11C, 11D and 11E of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

8.4.5.    defective products under the Consumer Protection Act 1987.

9.    EVENT OUTSIDE OUR CONTROL

9.1.    We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

9.2.    An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation adverse weather conditions, strikes, lock-outs or other industrial action by Our representative/contractors and/or third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, act of God, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

9.3.    If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

9.3.1.    We will contact You as soon as reasonably possible to notify You; and

9.3.2.    Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to You, We will reschedule the Services as soon as reasonably possible after the Event Outside Our Control is over, or offer alternative Services where possible.

9.4.    You may cancel the contract if an Event Outside Our Control takes place and You no longer wish Us to provide the Services. Please see Your cancellation rights under clause 10. We will only cancel the contract if the Event Outside Our Control continues for longer than 1 week in accordance with Our cancellation rights in clause 11.1.

10.    YOUR RIGHTS TO CANCEL, REFUNDS AND APPLICABLE CHARGES

10.1.    You have the right to cancel Your Booking and/or Ticket where You choose to cancel because We are affected by an Event Outside Our Control. You must provide written notice to Us that You are cancelling Your Booking as a result of an Event Outside Our Control. We will confirm Your cancellation in writing to You.

10.2.    If You cancel Your Booking or Ticket under clause 10.1, We will refund the full Price paid for the Services (or such part of the Price that You have paid Us at cancellation).

10.3.    If You are prevented from proceeding with the Services then You may transfer Your booking to a person who satisfies all of the same conditions that apply to You, provided that You give Us written notice, at least two (2) weeks before Your date of departure, indicating Your intention to transfer Your Booking.

10.4.    If You transfer Your Booking under clause 10.3 then You and the person to whom You transfer Your Booking shall be jointly and severally liable to Us for the payment of the Price, or, if part of the Price has been paid, for payment of the balance of the Price and additional costs that We may incur as a result of transferring Your Booking.

10.5.    You have the right to cancel Your Booking at any time by giving Us notice in writing to the correspondence address stated on your Booking and the charges below shall apply from the date that We receive Your notice at our offices. In order to cover Our expected losses from Your cancellation of the Booking there are charges which must be paid by You if You or anyone travelling with You cancels or You cancel any Service or arrangement that forms part of Your Booking with Us. The charges are a percentage of the total Price of the Booking or any arrangements being cancelled:

Time that We receive Your notice to cancel before the departure date    Cancellation charge
More than 30 days    Loss of deposit
30 days or less    100%

10.6.    You must ensure that You and each person traveling with You has adequate travel insurance in place prior to the date of departure. In particular, Your travel insurance must provide emergency cover for such matters as illness or injury that You or any person traveling with You may sustain while You are traveling with Us. We also recommend that You have insurance cover in place in the event that You cancel Your Booking with Us. We will not be liable to You or to anyone specified in Your Booking for any costs You may incur as a result of failing to maintain adequate travel insurance.
 
11.    OUR RIGHTS TO CANCEL AND APPLICABLE REFUND

11.1.    We may have to cancel Your Booking before the start date for the Services in the following circumstances:

11.1.1.    due to an Event Outside Our Control; or

11.1.2.    if We are unable to provide the Service in terms of Your Booking for any reason.

11.2.    If We have to cancel Your Booking under clause 11.1, We will promptly notify You to let You know and refund any payments made by You.

11.3.    We reserve the right to cancel and/or suspend the contract for Services at any time with immediate effect by giving You verbal or written notice:

11.3.1.    if You do not pay Us when You are supposed to as set out in clause 7; or

11.3.2.    where there is any risk to Us, Our representative, anyone else, or the property or welfare of others as a result of unacceptable behaviour from You. Whether behaviour is unacceptable shall be determined by Us and/or Our representative; or

11.3.3.    where You do not comply with any of Your obligations under clause 5, and any in such circumstances, refunds will not be given.

12.    INTELLECTUAL PROPERTY RIGHTS

12.1.    All intellectual property rights in or arising out of or in connection with the Services shall be owned by Us.

12.2.    You do not have a right to use Our intellectual property including, but not limited to, Our name, logo and images.

13.    INFORMATION ABOUT US AND HOW TO CONTACT US

13.1.    We are a company registered in Scotland. Our company registration number is SC214668 and Our registered office is at Mercat House, 28 Blair Street, Edinburgh EH1 1QR. Our registered VAT number is 836 2857 02.

13.2.    If You have any questions or complaints, please contact Us. You can contact Us by telephoning Our team on +44 (0) 131 225 5445 or by e-mailing Us at info@mercattoursinternational.com.

13.3.    If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing, You can send this to Us by e-mail, by hand, or by pre-paid post using the details contained in clauses 13.1 and 13.2. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us.

13.4.    Further information on the Services can be found in the relevant FAQ section of Our website (www.mercattoursinternational.com).

14.    HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1.    For the purposes of the Data Protection Act 1998, We shall only process Your personal information to the extent, and in such a manner, as is necessary for Us to provide the Services to You and We shall not process Your personal information for any other purpose. By way of example, We may use Your personal information to:-

14.1.1.    provide the Services;

14.1.2.    process Your payment for such Services; and

14.1.3.    inform You about similar products or services that We provide, but You may stop receiving this information at anytime by contacting Us.

14.2.    We only keep records of Your personal information for the purposes of carrying out the Services and We may, upon Your written request, provide You with a copy of all personal information that We hold about You. Please be aware that We may charge a reasonable fee in providing any personal information We hold about You.

14.3.    We do not transfer Your personal information outside the European Economic Area and We will take appropriate technical and organisational measures against the unauthorised or unlawful processing of Your personal information.

14.4.    We will not give Your personal data to any third party.

15.    OTHER IMPORTANT TERMS

15.1.    We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under these Terms.

15.2.    This contract is between You and Us. No other person shall have any rights to enforce any of its terms.

15.3.    Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

15.4.    If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.

15.5.    These Terms are governed by Scots law. You and We both agree to submit to the non-exclusive jurisdiction of the Scottish courts.