Terms & Conditions
Refund policy
Our returns policy does not affect your statutory rights.
Items returned with the seven-day cooling-off period
By law, customers located within the European Union have the right to withdraw from the purchase of an item within seven working days from the day the item is delivered.
Where you are withdrawing from your purchase within the seven working day cooling-off period, and there has been no error on our part, we will refund the cost of the item and the cost of delivering the item to you.
Please email or telephone within seven working days of the day the item was delivered stating your name and address, the invoice number, and the item(s) you wish to return. Please do not return any items to us before contacting our office.
We will not refund your costs in returning the item to us unless you are returning the item because of an error on our part. Any item returned must be packed in its original packaging.
Please be aware that you will be responsible for returning the item to us unless we delivered the item to you in error, or if the item is damaged. To ensure safe return of the item, at your request we may arrange for collection from your address at your cost. In this instance, once our courier has collected the item, we will assume the responsibility for its safe return to us and therefore we recommend this method of return. When you contact us to inform us of your wish to return the item, we will provide a quotation for the collection and where appropriate, take payment by credit or debit card.
If you wish to use your own method of return, this must be agreed by us before you proceed.
On receipt of your item, subject to it fulfilling the criteria stated above, we will refund the item and delivery charge to the card used for the original transaction.
Items returned because they are incorrect or damaged
If you are returning an item because of an error on our part or because the item is damaged, we will arrange for the collection of the incorrect or damaged item and organise for a replacement to be sent to you at our cost.
Please contact our office by e-mail or phone within seven working days of the day the item was delivered stating your name and address, the Invoice and Order Number, the item/s you wish to return, and whether the item(s) was sent in error or has been damaged in transit. Please do not return any items to us at your own expense, we will arrange with you a convenient day to collect the incorrect/damaged item(s). Any item returned must be packed in its original packaging.
The delivery of the correct item or replacement for a damaged item will be despatched to you as soon as possible and will be arranged with you by telephone or e-mail.
Privacy policy
Colin Prior Ltd Client Privacy Notice
This notice forms part of our compliance in respect of the General Data Protection Regulations 2018.
We believe that the responsible use of personal information collected on our websites, by phone, letter, email or in person, is critical to our business objectives and reputation. As part of our ongoing commitment to privacy, we have reviewed and revised our Privacy Notice in line with the General Data Protection Regulations 2018. The extent and type of information we receive from you on our external websites and other channels depends on the information you provide to us through our contact mailboxes and/or through any registration processes on our sites or by other means.
Colin Prior Ltd will only collect information relevant to the purchase of products and tours and we will store all data that we obtain from you in a secure manner. We only share and use data where you have agreed for us to do so.
Our Privacy Notice together with our Terms and Conditions sets out what information you provide to us and how that may be processed by us.
Our website may invite you to contact us or to provide information about yourself. We use the information you provide to personalise your online experience and to deliver the content most suited to your needs. In addition, ‘cookies’ (i.e. small text files placed on your computer when you first visit the site) are used on our website. Most browsers now recognise when a cookie is offered and allow you to refuse or accept it. Cookies are primarily used to enhance your online experience and are not used to track the navigational habits of identified visitors unless we obtain your permission to do so. If you visit our site to read or download information, such as news stories or articles, much of the information we do collect is statistical (e.g., the domain from which you access the Internet, the date and time you access our site, and the Internet address of the website from which you linked directly to our site) and is not personally identifiable. We use this information about the number of visitors and their use of the site in aggregate form to make our site more useful and attractive to you.
We may also collect information provided by you via phone, email, letter or from relevant third party agent partners. This information will be stored in the same secure manner as if it were provided online.
We only use your personally identifiable information to respond to your requests, process your purchase or booking and to provide you with information about Colin Prior Ltd services. We may also use it to provide you with more relevant marketing material about Colin Prior Ltd services, unless you opt out of receiving this information as provided below. We also use personal information for the purposes of providing our services to clients, maintaining client relationships (such as informing our clients and prospective clients of properties and services that may be of interest to them) and for our other related business activities.
The personal information you provide to us will be retained only for as long as necessary to fulfil the purposes for which the information was collected or as required by law. We do not share personal information with third parties except as necessary to carry out our business or your request or as required by law or other legal processes, and we never sell your personal information. Furthermore, personal data collected by Colin Prior Ltd may be transferred to our subsidiaries or affiliated companies where it is necessary to carry out our business or to meet the purpose for which you have submitted the information. Such information that is passed on to third parties is to ensure the efficient fulfilment of your purchase or booking and may include your full name, phone number, dietary requirements and medical conditions. By submitting data through Colin Prior Ltd electronically you are providing explicit consent to trans-border transmission of data collected via our website.
Colin Prior Ltd may contact you via email to invite you to review any trip you might take with us in order to collect your feedback and improve our services.
We use an external company, Trustpilot, to collect your feedback which means that we will share your name, email address and reference number with Trustpilot for the Purpose. If you want to read more about how Trustpilot process your data, you can find their Privacy Policy here.
Colin Prior Ltd may also use such reviews in other promotional material and media for our advertising and promotional purposes.
We may collect statistical data such as your IP address, operating system and browser type to gather information about how people use our site. We do not collect or store any personal information in our website analytics. This information can identify customer behaviour such as how long each page is visited and where a customer came from and went to. For this reason, we may use cookies to obtain statistical data.
At the time of booking, you have the option to subscribe, or not, to our newsletter. There is an option to opt out of this subscription at the bottom of every newsletter. To receive our newsletter, we only require your name and email address. This data will be retained on a secure database. If you opt out of the subscription it will be deleted.
If you provide any information via a third party/agency site, please note they have their own Privacy Policy, and Payment Service Provider. We do not accept any liability or responsibility for these sites.
From time to time, we may run a competition either via our website, newsletter and/or social media. When you enter a competition we may collect your name, email address and postal address. This will be kept securely and will only be used in conjunction with the competition.
When you visit our website, your browser checks if the site’s ‘digital’ or ‘public key’ certificate is legitimate. If it is not, your browser warns you. An encrypted website and web browsers work together to encrypt information you exchange with the site. The key used for the encryption is contained in the site’s security certificate. This protects your login information, credit card numbers, addresses, and other secure data.
All payments are processed through Shopify Payments, who fully comply with the Payment Card Industry Data Security Standard (PCI DSS). Shopify Payments is a fully approved Level 1 payment services provider – the highest level of compliance. Colin Prior Ltd does not hold any credit/debit card information or any other financial information provided by you.
When you use social media to connect with us you are covered by their Privacy Policy, and we do not accept any liability or responsibility for these other sites/apps.
Terms of service
Colin Prior Limited provide access to the Colin Prior website, www.colinprior.co.uk and sell selected products to you subject to the conditions set out below. Please read these conditions carefully before using the Colin Prior website. By using the www.colinprior.co.uk website, you signify your agreement to these conditions.
Colin Prior Limited reserves the right to refuse access to the on-line purchasing facilities offered on the website, edit or remove products, or cancel orders at our discretion. Any cancelled orders will not incur any cost to you.
You understand that you, and not Colin Prior Limited, are responsible for all electronic communications and information sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website in any way that may be deemed fraudulent or be unlawful in any other way.
Privacy
Please read our Privacy Policy to understand our policy.
Our Contract with You
When you place an order to make a purchase from us, we will send you an e-mail acknowledging confirmation of your order. Any products on the same order that have not been confirmed in an “Order Confirmation” e-mail do not form part of that contract.
Returns
Please read our Returns Policy, which applies to products purchased from us using the website. Customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are available in the Returns Policy.
Pricing and Availability
All our wall art products are made to order. Fine Art Prints will be dispatched withing 48 hours by Royal Mail. Framed prints and Acrylic Gallery will be dispatched within 10-14 working days and shipped by courier on a tracked service. Once dispatched you will receive an email with a tracking reference.
eVouchers
e-Vouchers can be redeemed against any products or photography tours and are valid for 12 months from the date of purchase. eVouchers not used within this period are void and no extensions are permitted. eVouchers are non-refundable, and no cash alternative can be provided.
Errors and Omission Excepted (E & OE)
Despite our efforts, it is possible that occasionally products on our website may be mis-priced. All prices are verified when we confirm your order. If a product’s correct price is lower than the stated price, we will charge you the lower amount. If a product’s correct price is higher than our stated price, we will at our discretion, confirm your order at the lower price, contact you for instructions before confirming your order, or cancel your order and notify you of the cancellation.
Children
Colin Prior Limited does not sell products for purchase by children. We do sell products that may be purchased for children by adults. If you are under 18, you may purchase from this website only with the involvement of a parent or guardian.
Events beyond Our reasonable Control
Colin Prior Limited will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, which is beyond our reasonable control. This condition does not affect your statutory rights.
Alterations and Amendments
We reserve the right to make changes to our website, policies and these Conditions of Use and Sale at any time. If any of these conditions is deemed for any reason unenforceable, that condition will be deemed severable and will not affect the validity of any remaining conditions.
Law
All contracts between you (the buyer) and Colin Prior Limited (the seller) shall be governed by the laws of Scotland. You agree, as we do, to submit to the jurisdiction of the courts of Scotland.
Our Details
colinprior.co.uk is a trading name of Colin Prior Limited.
Colin Prior Limited Company Number: SC280934
Registered address: 4 Princes Gate, Bothwell, Glasgow, G71 8SP.
Tel: 01698 816333
Email: info@colinprior.co.uk
Group Tours Terms and Conditions
Booking conditions for UK and EU Travellers
Terms and Conditions
Our commitment to you: Your contract is with Colin Prior Ltd (hereinafter also referred to as “CPL”, “we”, “us” or “our”), of 4 Princes Gate, Bothwell, Glasgow, G71 8SP, registered in Scotland under Company No. SC280934. All holidays you book with us are organised and sold subject to the following conditions. Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. In these booking conditions “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. References to “departure” means the start date of the arrangements you have contracted with us.
1. Booking and Payment
To make your booking, please submit a booking request. The person who makes the booking (“party leader”) must be at least 18 when the booking is made and is responsible for making all payments due to us. This individual must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are aged under 18 when the booking is made. By making the booking request, the party leader confirms that he or she is so authorised.
In order to confirm your booking, you are required to pay a deposit of 25% of the trip price (or full payment if booking within 75 days of departure). This will only be refundable in the circumstances set out in these booking conditions. For certain custom and private holidays, the deposit may be more than 25%, we will advise you of the applicable deposit prior to booking. Your balance must be paid by the due date shown on your invoice or in correspondence. Reminders are not sent. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7 depending on the date we reasonably treat your booking as cancelled.
Once we receive the payment due at the time of booking and issue our confirmation invoice to the party leader, the contract between us will become binding and covers everyone you are booking on behalf of. After this, we will send you an invoice for the balance and advise you of the date for payment of the same. Website prices are quoted in UK Sterling.
Please check your invoice carefully as soon as you receive it and contact us immediately if any information which appears on the invoice or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you may be required to meet any costs involved in doing so.
Payment will be accepted by:
-Visa Debit, Visa Credit, MasterCard Credit, MasterCard Debit, American Express and Discover credit cards.
-Bank Transfer (details available from our office).
It is a condition of our accepting your booking that you are covered by appropriate and adequate personal travel insurance which should be in effect when you make the booking. See clause 8 on the subject of insurance.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to info@colinprior.co.uk
2. Cancellation of Booking
You may cancel your confirmed booking at any time prior to departure. You may also transfer your booking to someone else as referred to in clause 4 below. Any cancellation must be notified in writing by the person who made the booking. Your notice of cancellation will only be effective when it is received in writing by us at our office. We will ask you to pay cancellation charges on the scale shown below based on your original booking departure date. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).
If you cancel your small group holiday:
-Cooling off period: Any booking made more than 75 days before travel benefits from a 48 hour cooling off period. You can cancel without penalty for 48 hours and receive a refund of your deposit.
-76 or more days before travel – your deposit will be held as a credit for future travel.
-75 days – 51 days before travel – we charge 40% of the holiday price
-50 – 31 days – we charge 50% of the holiday price
-30 days or less – we charge 100% of the holiday price
If you cancel your private departure or custom trip*:
-76 or more days before travel – we charge 25% of the holiday price
-75 days – 51 days before travel – we charge 40% of the holiday price
-50 – 31 days – we charge 50% of the holiday price
-30 days or less – we charge 100% of the holiday price
*Please note that certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above, regardless of when the trip is cancelled.
We appreciate that wholly unforeseen events may result in cancellation. We therefore strongly advise you to take out travel insurance (see clause 8 below) to protect yourself from losing money if you have to cancel. You will be advised of the exact amount of any cancellation charge prior to the cancellation being finalised.
3. Changes or Cancellation by Us
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
We reserve the right to increase or decrease and correct errors in advertised prices, and to change any of the facilities or services shown in our itineraries or elsewhere at any time before your holiday is confirmed. Coronavirus and the measures taken by governments, public authorities and businesses to manage its effects (such as social distancing) may have an effect on the price of holiday arrangements for a considerable period of time. Such measures may be introduced or changed with little or no prior notice. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
We also reserve the right to cancel your holiday in accordance with this clause. For example, if the minimum number of clients required for a trip is not achieved, we may have to cancel your holiday.
It is unlikely we will have to make any changes to your holiday and any changes are usually insignificant, but we must reserve the right to do so. If a significant change becomes necessary, we will inform you as soon as reasonably possible in writing if there is time before your holiday begins. No compensation is payable for insignificant changes. Occasionally, before the start of your holiday, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking, or to any special requirement which we have accepted. All changes which are not significant will be treated as insignificant. Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of social distancing) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures/action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures/action has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
All group holidays require a minimum number of participants to enable us to operate them and we reserve the right to cancel any such holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 56 days before the start of your holiday.
In the event we have to significantly alter any of the main characteristics of your confirmed arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so. Where any alteration or alternative arrangements we are able to offer (and which you accept) result in a package of lower quality or cost, you will be entitled to an appropriate price reduction.
If you choose to cancel your booking in accordance with clause 3(5), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect (which will usually be the date we send you a cancellation invoice). If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us in the form of a credit note within 14 days of the effective date of cancellation (see above). If you do not wish to accept a credit note, please contact us to discuss this. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see clause 11).
Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see clause 11) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 3(4). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 3(6)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred in connection with your holiday booking. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 2 will apply.
Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 3(7) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform the contracted arrangements. This may be the case, for example, where restrictions applied by any government mean you are unable to take your holiday. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel.
In the event that unavoidable and extraordinary circumstances (see clause 11) occur in the location where your itinerary is due to take place or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, we will offer you the choice of postponing your travel or changing to an agreed alternative holiday. If you change to an agreed alternative of a lower price, we will refund the difference in price to you. If neither of the options presented is acceptable you may cancel your trip and we will refund all payments made directly to us in respect of the holiday cost.
We will not in any circumstances refund or be responsible for any expenses you may have incurred in connection with your booking such as flight payments, travel insurance, equipment purchases, visas etc where your booking is cancelled or changed as referred to in this clause.
4. Changes by You
Different rules apply to changes you wish to make depending on the tour you book.
Small group departures
You may request to change your small group trip and transfer your deposit to a new booking up to 75 days prior to departure. Up to 75 days prior to departure you may also request that your deposit be held in credit as a deposit for a future booking for yourself or someone else nominated by you. Requests to change your departure date made within 75 days of departure are treated as a cancellation and a cancellation charge will apply as set out in clause 2.
Where it is possible to change to a different departure, there is no administration fee for the first request to change, any changes thereafter will incur an administration fee of £50 per person. In addition, you will also be charged for any non-refundable/non-transferable payments that Colin Prior Ltd has made.
Private departures of fixed product
You may request to make changes to your private departure trip up to 75 days prior to departure. Any changes you make may result in a change to the per person trip price. Requests to change your departure date made within 75 days of departure is treated as a cancellation and a cancellation charge will apply as set out in clause 2.
Where it is possible to change your private departure, there is no administration fee for the first request to change made 120 or more days before departure, any further changes and requests for changes made between 119 and 75 days of departure will incur an administration fee of £50 per person. In addition, you will also be charged for any non-refundable/non-transferable payments that Colin Prior Ltd has made.
Custom trips
You may request to change your custom trip up to 75 days prior to departure. Any changes you make may result in a change to the per person trip price. Requests to change your departure date made within 75 days of departure is treated as a cancellation and cancellation charges will apply as set out in clause 2.
Where it is possible to change your custom trip, changes will incur an administration fee of £50 per person. In addition, you will also be charged for any non-refundable/non-transferable payments that Colin Prior Ltd has made.
For all trips, you may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of £50, must be paid before the transfer can be effected.
5. Information Provided
The information appearing on our website and in any of our other advertising material is believed to be correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
Any information provided by Colin Prior Ltd on such matters as climate, travel, clothing, special equipment etc. is given in good faith but without responsibility on the part of Colin Prior Ltd.
We may also provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not operated, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 11(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
6. Adventure Travel and Client Responsibility
6a) It is a fundamental condition of your booking that you accept the hazards involved in the sort of trips we operate and you accept that in visiting remote and mountainous regions there is an element of on-tour flexibility. The itinerary stated in the trip dossier is indicative only and not a guarantee that a particular route will be followed, or place reached. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. You must have a level of fitness commensurate with your chosen trip and you are responsible for bringing the appropriate equipment, details of which will be sent to you at the time of booking.
If in the reasonable opinion of the Colin Prior Ltd Guide or Staff, your health, conduct, behaviour, fitness or equipment may compromise the safety of a trip, or if it could negatively impact the experience of other clients on the trip, we reserve the right to cancel or terminate your holiday.
This clause 6a equally applies where, following an on-trip accident or injury, we are of the view that you are not able to continue with the trip even if you are cleared to continue with physical activity by a medical professional. In these circumstances, you will not be entitled to a refund nor compensation.
6b) All minors travelling with Colin Prior Ltd must do so with an adult parent or guardian who is responsible for their well-being and behaviour throughout their holiday. Minors must not be left alone in the company of any other adult, in particular, their guide, at any time, the only exception being in emergency situations. All parents/guardians booking with Colin Prior Ltd should consider this carefully before committing to an adventure holiday with minors in their care.
6c) When you book with us, you accept responsibility for any damage or loss you cause. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
6d) We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of the holiday services including leaving any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.
7. Accommodation Provision
Accommodation is usually in twin or double rooms unless stated otherwise. and we request that clients who book individually share a twin room. Where a single room is requested, we will try to accommodate this but a single supplement will often apply – please check at the time of booking. When making a booking you accept that this additional supplement may apply and, where appropriate, you will be advised and invoiced for the relevant amount. On some itineraries, please note that no single accommodation is available.
8. Personal Travel Insurance
It is a condition of our acceptance of your booking that you have appropriate travel insurance to cover your trip.
We strenuously recommend that you take out a travel insurance policy before you book your trip with us.
A travel insurance policy protects you and your holiday arrangements from the unexpected before and during your trip. It is your responsibility to make sure you have adequate cover and we are not able to offer advice on insurance. However, we recommend your policy should include cover for emergency medical costs, cancellation or curtailment of your trip, personal belongings/baggage and personal liability:
1. In the event of emergency rescue and medical care and/or repatriation from a trip due to injury or medical emergency, any evacuation and medical costs will be borne by the client.
1.1 If you need to cancel your trip with us then you may lose some or all of the money you have paid (see section 2).
All luggage and personal equipment are, at all times, at your own risk. We will not be responsible whatsoever for any loss, damage to your luggage and/or personal equipment.
Some options for Travel Insurance Providers include:
However, we recommend you do your own research to find the best provider for you. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.)
Please read your policy details carefully and take them with you on holiday.
9. Medical Conditions / Disabilities & Dietary Requirements / Special Requests
If you have any special requests (such as dietary requirements), you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.
Our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed. Failure to disclose a medical condition, disability or reduced mobility that could affect you during the trip could place you and others at risk.
10. Independent Travel Arrangements
We will not be responsible or liable for your actions or your safety for any independent travel you undertake before, during (if you choose to leave) or after the holiday. All air transport booked independently by you is undertaken entirely at your own risk.
11. Unavoidable and extraordinary circumstances
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, exceptional adverse weather conditions, fire, flood or an outbreak of serious illness at your holiday destination, closure. Unavoidable and extraordinary circumstances also include the coronavirus pandemic and its impacts such as travel restrictions and the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing).
12. Complaints Procedure
In the unlikely event, you have any reason to complain or may have a basis for making a claim in respect of any aspect of your holiday arrangements, you must immediately make it known to your guide/leader at the earliest opportunity. If you are on a trip without a guide, or if you do not feel that your guide has dealt with your complaint in a satisfactory manner, we encourage you to contact our office as soon as possible so that we can help find an agreeable solution during your trip. The issue can then be promptly investigated and, where appropriate, steps taken to resolve the situation. Any verbal notification must be put in writing and given to our representative/agent and the supplier as soon as possible.
Any outstanding complaint not resolved during your trip should be notified to us in writing within 28 days of the scheduled date of return.
13. Assistance whilst you are on holiday
In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
14. Our Liability & Compensation
We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements.
Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we 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).
We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following:
– the act(s) and/or omission(s) of the person(s) affected; or
– the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
– unavoidable and extraordinary circumstances as defined in clause 11 above.
We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any activities you book during your holiday. Please also see clause 5 Information Provided. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 15(1). We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
Except as set out in clause 15(6) or as otherwise permitted by Scottish law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 15(6). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages/compensation will be payable) will be limited as if we were the carrier in question as referred to in this clause 15(6). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry/cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self-employed earnings).
15. Passports, visas and health requirements
The passport and visa requirements applicable to the holidays we offer will be advised at the time of booking where required. Requirements may change and you must check the up to date position in good time before departure.
Details of any compulsory health requirements applicable to your holiday will be advised at the time of booking. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure (including those which are introduced to deal with coronavirus). For holidays in the EU/EEA while the UK remains in transition, you should obtain an EHIC (European Health Insurance Card) prior to departure from www.ehic.org.uk. An EHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than 6 weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.
It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation or to otherwise comply with all applicable requirements (including health/coronavirus related ones). If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly. If you are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply as referred to in clause 7.
16. Foreign Office Advice
The UK Foreign and Commonwealth Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before departure.
17. Variation of Booking Conditions
The booking conditions may only be waived by a Director of Colin Prior Ltd in writing. When you book with us you agree to accept all these booking conditions, and when we accept your booking, we agree to carry out our obligations to you as defined in the holiday information provided to you. If you pay a deposit on behalf of other people, they also become bound to these conditions at the time of payment.
We both agree that Scottish law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below.
We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the courts of Scotland only unless, in the case of court proceedings, you live in another part of the UK. In this case, proceedings must either be brought in the courts of your home country or those of Scotland. If proceedings are brought in any country of the UK other than Scotland, you may choose to have your contract and claim governed by the law of that country (but if you do not so choose, Scottish law will apply).
18. Your Privacy
We take our responsibility for your right to privacy seriously. The way we process your data respects this and we would like to point you to our Privacy Policy for further details.
Colin Prior Ltd
Booking conditions for Non UK and Non EU Travellers
Our commitment to you: Your contract is with Colin Prior Ltd (hereinafter also referred to as “CPL”, “we”, “us” or “our”), of 4 Princes Gate, Bothwell, Glasgow, G71 8SP, registered in Scotland under Company No. SC280934. All holidays you book with us are organised and sold subject to the following conditions. Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. In these booking conditions “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. References to “departure” means the start date of the arrangements you have contracted with us.
1. Booking and Payment
To make your booking, please submit a booking request. The person who makes the booking (“party leader”) must be at least 18 when the booking is made and is responsible for making all payments due to us. This individual must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are aged under 18 when the booking is made. By making the booking request, the party leader confirms that he or she is so authorised.
In order to confirm your booking, you are required to pay a deposit of 25% of the trip price (or full payment if booking within 75 days of departure). This will only be refundable in the circumstances set out in these booking conditions. For certain custom and private holidays, the deposit may be more than 25%, we will advise you of the applicable deposit prior to booking. Your balance must be paid by the due date shown on your invoice or in correspondence. Reminders are not sent. If we do not receive all payments due in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 7 depending on the date we reasonably treat your booking as cancelled.
Once we receive the payment due at the time of booking and issue our confirmation invoice to the party leader, the contract between us will become binding and covers everyone you are booking on behalf of. After this, we will send you an invoice for the balance and advise you of the date for payment of the same. Website prices are quoted in UK Sterling.
Please check your invoice carefully as soon as you receive it and contact us immediately if any information which appears on the invoice or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies (for which we are responsible) in any document within 10 days of our sending it out. We will do our best to rectify any mistake notified to us outside these time limits but you may be required to meet any costs involved in doing so.
Payment will be accepted by:
- Visa Debit, Visa Credit, MasterCard Credit, MasterCard Debit, American Express and Discover credit cards.
-Bank Transfer (details available from our office).
It is a condition of our accepting your booking that you are covered by appropriate and adequate personal travel insurance which should be in effect when you make the booking. See clause 8 on the subject of insurance.
If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to info@colinprior.co.uk
2. Cancellation of Booking
You may cancel your confirmed booking at any time prior to departure. You may also transfer your booking to someone else as referred to in clause 4 below. Any cancellation must be notified in writing by the person who made the booking. Your notice of cancellation will only be effective when it is received in writing by us at our offices. We will ask you to pay cancellation charges on the scale shown below based on your original booking departure date. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).
If you cancel your small group holiday:
-Cooling off period: Any booking made more than 75 days before travel benefits from a 48 hour cooling off period. You can cancel without penalty for 48 hours and receive a refund of your deposit.
- 76 or more days before travel – your deposit will be held as a credit for future travel.
- 75 days – 51 days before travel – we charge 40% of the holiday price
- 50 – 31 days – we charge 50% of the holiday price
- 30 days or less – we charge 100% of the holiday price
If you cancel your private departure or custom trip*:
- 76 or more days before travel – we charge 25% of the holiday price
- 75 days – 51 days before travel – we charge 40% of the holiday price
- 50 – 31 days – we charge 50% of the holiday price
- 30 days or less – we charge 100% of the holiday price
* please note that certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above, regardless of when the trip is cancelled.
We appreciate that wholly unforeseen events may result in cancellation. We therefore strongly advise you to take out travel insurance (see clause 8 below) to protect yourself from losing money if you have to cancel. You will be advised of the exact amount of any cancellation charge prior to the cancellation being finalised.
3. Changes or Cancellation by Us
Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
We reserve the right to increase or decrease and correct errors in advertised prices, and to change any of the facilities or services shown in our itineraries or elsewhere at any time before your holiday is confirmed. Coronavirus and the measures taken by governments, public authorities and businesses to manage its effects (such as social distancing) may have an effect on the price of holiday arrangements for a considerable period of time. Such measures may be introduced or changed with little or no prior notice. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
We also reserve the right to cancel your holiday in accordance with this clause. For example, if the minimum number of clients required for a trip is not achieved, we may have to cancel your holiday.
It is unlikely we will have to make any changes to your holiday and any changes are usually insignificant but we must reserve the right to do so. If a significant change becomes necessary, we will inform you as soon as reasonably possible in writing if there is time before your holiday begins. No compensation is payable for insignificant changes. Occasionally, before the start of your holiday, we may have to make a significant alteration to your confirmed booking. All changes which are not significant will be treated as insignificant. Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of social distancing) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures / action has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
All group holidays require a minimum number of participants to enable us to operate them and we reserve the right to cancel any such holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 56 days before the start of your holiday.
In the event we have to significantly alter your confirmed booking, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so. Where any alteration or alternative arrangements we are able to offer (and which you accept) result in a holiday of lower quality or cost, you will be entitled to an appropriate price reduction. If any alternative arrangements we are able to offer are more expensive than those originally booked, you may be asked to pay the price difference.
If you choose to cancel your booking in accordance with clause 3(5), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect (which will usually be the date we send you a cancellation invoice). If we don’t hear from you with your decision within the specified period (having provided you with the above mentioned information for a second time), we will cancel your booking and refund all payments made to us in the form of a credit note within 14 days of the effective date of cancellation (see above). If you do not wish to accept a credit note, please contact us to discuss this. No compensation will be payable or other liability accepted where a change results from force majeure (see clause 11).
Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted holiday arrangements as a result of force majeure (see clause 11) and we notify you of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 3(4) or (iii) we do so more than 56 days in advance of your departure date. Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 3(6)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred in connection with your holiday booking. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 2 will apply.
Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of force majeure in accordance with clause 3(7) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform the contracted arrangements. This may be the case, for example, where restrictions applied by any government mean you are unable to take your holiday. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel.
(9) We will not in any circumstances refund or be responsible for any expenses you may have incurred in connection with your booking such as flight payments, travel insurance, equipment purchases, visas etc where your booking is cancelled or changed as referred to in this clause.
4. Changes by You
Different rules apply to changes you wish to make depending on the tour you book.
Small group departures
You may request to change your small group trip and transfer your deposit to a new booking up to 75 days prior to departure. Up to 75 days prior to departure you may also request that your deposit be held in credit against a deposit for a future booking for yourself or someone else nominated by you. Requests to change your departure date made within 75 days of departure are treated as a cancellation and cancellation charge will apply as set out in clause 2.
Where it is possible to change to a different departure, there is no administration fee for the first request to change, any changes thereafter will incur an administration fee of £50 per person. In addition, you will also be charged for any non-refundable/non-transferable payments that Colin Prior Ltd has made.
Private departures of fixed product
You may request to make changes to your private departure trip up to 75 days prior to departure. Any changes you make may result in a change to the per person trip price. Requests to change your departure date made within 75 days of departure is treated as a cancellation and cancellation charge will apply as set out in clause 2.
Where it is possible to change your private departure, there is no administration fee for the first request to change made 120 or more days before departure, any further changes and requests for changes made between 119 and 75 days of departure will incur an administration fee of £50 per person. In addition, you will also be charged for any non-refundable/non-transferable payments that Colin Prior Ltd has made.
Custom trips
You may request to change your custom trip up to 75 days prior to departure. Any changes you make may result in a change to the per person trip price. Requests to change your departure date made within 75 days of departure is treated as a cancellation and cancellation charge will apply as set out in clause 2.
Where it is possible to change your custom trip, changes will incur an administration fee of £50 per person. In addition, you will also be charged for any non-refundable/non-transferable payments that Colin Prior Ltd has made.
For all trips you may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 14 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of £100, must be paid before the transfer can be effected.
5. Information Provided
The information appearing on our website and in any of our other advertising material is believed to be correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
Any information provided by Colin Prior Ltd on such matters as climate, travel, clothing, special equipment etc. is given in good faith but without responsibility on the part of Colin Prior Ltd.
We may also provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not operated, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 14(1) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
6. Adventure Travel and Client Responsibility
6a) It is a fundamental condition of your booking that you accept the hazards involved in the sort of trips we operate and you accept that in visiting remote and mountainous regions there is an element of on-tour flexibility. The itinerary stated in the trip dossier is indicative only and not a guarantee that a particular route will be followed, or place reached. You must acknowledge that delays and alterations and their results, such as inconvenience and discomfort, are possible where unforeseen circumstances arise. You must have a level of fitness commensurate with your chosen trip and you are responsible for bringing the appropriate equipment, details of which will be sent to you at the time of booking.
If in the reasonable opinion of the Colin Prior Ltd Guide or Staff, your health, conduct, behaviour, fitness or equipment may compromise the safety of a trip, or if it could negatively impact the experience of other clients on the trip, we reserve the right to cancel or terminate your holiday.
This clause 6a equally applies where, following an on-trip accident or injury, we are of the view that you are not able to continue with the trip even if you are cleared to continue with physical activity by a medical professional. In these circumstances, you will not be entitled to a refund nor compensation.
6b) All minors travelling with Colin Prior Ltd must do so with an adult parent or guardian who is responsible for their well-being and behaviour throughout their holiday. Minors must not be left alone in the company of any other adult, in particular, their guide, at any time, the only exception being in emergency situations. All parents/guardians booking with Colin Prior Ltd should consider this carefully before committing to an adventure holiday with minors in their care.
6c) When you book with us, you accept responsibility for any damage or loss you cause. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct to the accommodation owner or manager or other supplier or to us as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
6d) We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of the holiday services including leaving any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.
7. Accommodation Provision
Accommodation is usually in twin or double rooms unless stated otherwise and we request that clients who book individually share a twin room. Where a single room is requested, we will try to accommodate this but a single supplement will often apply – please check at the time of booking. When making a booking you accept that this additional supplement may apply and, where appropriate, you will be advised and invoiced for the relevant amount. On some itineraries, please note that no single accommodation is available.
8. Personal Travel Insurance
It is a condition of our acceptance of your booking that you have appropriate travel insurance to cover your trip.
We strenuously recommend that you take out a travel insurance policy before you book your trip with us.
A travel insurance policy protects you and your holiday arrangements from the unexpected before and during your trip. It is your responsibility to make sure you have adequate cover and we are not able to offer advice on insurance. However, we recommend your policy should include cover for emergency medical costs, cancellation or curtailment of your trip, personal belongings/baggage and personal liability:
- In the event of emergency rescue and medical care and/or repatriation from a trip due to injury or medical emergency, any evacuation and medical costs will be borne by the client.
- If you need to cancel your trip with us then you may lose some or all of the money you have paid (see section 2).
- All luggage and personal equipment are, at all times, at your own risk. We will not be responsible whatsoever for any loss, damage to your luggage and/or personal equipment.
Some options for Travel Insurance Providers include:
However, we recommend you do your own research to find the best provider for you. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.)
Please read your policy details carefully and take them with you on holiday.
9. Medical Conditions / Disabilities & Dietary Requirements / Special Requests
If you have any special requests (such as dietary requirements), you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.
Our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed. Failure to disclose a medical condition, disability or reduced mobility that could affect you during the trip could place you and others at risk.
10. Independent Travel Arrangements
We will not be responsible or liable for your actions or your safety for any independent travel you undertake before, during (if you choose to leave) or after the holiday. All air transport booked independently by you is undertaken entirely at your own risk.
11. Force majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, force majeure. In these booking conditions, force majeure means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, exceptional adverse weather conditions, fire, flood or an outbreak of serious illness at your holiday destination, closure. Force majeure also includes the coronavirus pandemic and its impacts such as travel restrictions and the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing).
12. Complaints Procedure
In the unlikely event, you have any reason to complain or may have a basis for making a claim in respect of any aspect of your holiday arrangements, you must immediately make it known to your guide/leader at the earliest opportunity. If you are on a trip without a guide, or if you do not feel that your guide has dealt with your complaint in a satisfactory manner, we encourage you to contact our office as soon as possible so that we can help find an agreeable solution during your trip. The issue can then be promptly investigated and, where appropriate, steps taken to resolve the situation. Any verbal notification must be put in writing and given to our representative/agent and the supplier as soon as possible.
Any outstanding complaint not resolved during your trip should be notified to us in writing within 28 days of the scheduled date of return.
13. Assistance whilst you are on holiday
In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
14. Our Liability & Compensation
We do not own, operate or control most of the services included in the holiday arrangements which we arrange for you. These services are usually contracted by us with independent suppliers who are themselves responsible for the performance of their own services. We undertake to use our reasonable skill and care in the provision of any services which are provided by our employees in the course of their employment. For all services which are provided by any person or entity other than our employees, we undertake to use our reasonable skill and care in the selection of those suppliers but, providing we have done so, are not responsible for their acts and omissions or for the actual performance of those services.
Without limiting the effect of clause 14(1), we will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following:
– the act(s) and/or omission(s) of the person(s) affected; or
– the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; or
– force majeure as defined in clause 11 above.
Without limiting the effect of clause 14(1), we cannot accept responsibility for any services which we have not contracted to arrange for you. This includes, for example and without limitation, any additional services or facilities which your hotel or any other supplier agrees to provide for you where we have not agreed to arrange them as part of our contract and any activities you book during your holiday. Please also see clause 5 Information Provided. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care in the selection of suppliers as set out above and we do not have any greater or different liability to you.
Please note, suppliers provide their services in accordance with the laws and applicable standards of the country in which those services are performed. If services are provided by suppliers in compliance with the applicable local laws and standards, they will be treated as having been properly provided. As referred to in clause 14(1), our obligation is to exercise reasonable skill and care in the selection of suppliers. We do not make any representation or commitment that services will comply with applicable local laws and standards and any failure to comply does not of itself demonstrate we have not exercised reasonable skill and care in the selection of the suppliers concerned.
Except as set out in clause 14(6) or as otherwise permitted by Scottish law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the total holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under clause 14(6).
Where any claim against us concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, any liability which we are found to have will be limited as if we were the carrier in question as referred to in this clause 14(6). This includes the maximum amount of compensation we will have to pay you, the types of claim which can be made and the circumstances in which damages/compensation will be payable. The most we will have to pay you in respect of any claim for which we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, will have no liability for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry/cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation. Please note, this clause does not limit the effect of clause 14(1).
(7) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self-employed earnings).
15. Passports, visas and health requirements
The passport and visa requirements applicable to the holidays we offer will be advised at the time of booking where required. All such information is provided in good faith but without liability as to its accuracy. It is your responsibility to check all such information with a reliable source. Requirements may change (sometimes at short notice) and you must check the up to date position in good time before, and also close to, departure.
Details of any compulsory health requirements applicable to your holiday of which we are aware will be advised at the time of booking. It is your responsibility to ensure you obtain details of all recommended and compulsory vaccinations, health requirements and health precautions from a reliable source in good time before, and also close to, departure (including those which are introduced to deal with coronavirus). Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please, therefore, check with a doctor or clinic not less than 6 weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information. You must also ensure you are aware of any changes to this information at any time prior to departure.
It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry all required documentation or to otherwise comply with all applicable requirements (including health/coronavirus related ones). If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalties, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly. If you are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply as referred to in clause 7.
16. Foreign Office Advice
The UK Foreign, Commonwealth and Development Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk.
The US State Department provides advice at https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html/.
The Government of Canada provides advice at https://travel.gc.ca/travelling/advisories.
The Australian Department of Foreign Affairs and Trade provides advice at https://www.smartraveller.gov.au/.
You are strongly recommended to consult travel advice before booking and in good time before departure.
17. Variation of Booking Conditions
The booking conditions may only be waived by a Director of Colin Prior Ltd in writing. When you book with us you agree to accept all these booking conditions, and when we accept your booking we agree to carry out our obligations to you as defined in the holiday information provided to you. If you pay a deposit on behalf of other people, they also become bound to these conditions at the time of payment.
We both agree that Scottish law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below.
We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the courts of Scotland only unless, in the case of court proceedings, you live in another part of the UK. In this case, proceedings must either be brought in the courts of your home country or those of Scotland. If proceedings are brought in any country of the UK other than Scotland, you may choose to have your contract and claim governed by the law of that country (but if you do not so choose, Scottish law will apply).
18. Your Privacy
We take our responsibility for your right to privacy seriously. The way we process your data respects this and we would like to point you to our Privacy Notice for further details.
Colin Prior Ltd