Terms and Conditions

YOUR PACKAGE HOLIDAY BOOKING IS WITH MJD HOLIDAYS LIMITED.

1. Our details

MJD Holidays Limited, a company registered in Scotland with company number SC412855 and having its registered office at 31 Townsend Place, Kirkcaldy, KY1 1HB trading as Best of Scotland Holidays (“Best of Scotland Holidays”).

2. Your holiday booking

You must be aged 18 or over to make a booking with us.

We have issued you a proposal detailing the travel services requested (“Proposal”). Immediately on issue of the Proposal you must check all the details are correct and inform us of any inaccuracies; specific arrival times; and any special requirements (dietary, mobility or otherwise) of any members of your party. The Proposal is normally valid for 14 days from issue or for such other period of time as we indicate when issuing the Proposal. However we do not hold allocations of accommodation or other travel services and they are subject to price and availability at the time of booking. If the price has increased after the Proposal has been issued, we will confirm the new price before you book. A booking will exist as soon as we have received your deposit, and we issue our confirmation invoice. A booking is made on the terms of these booking conditions and the Proposal and no terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order or other document shall form part of the contract between us. When you make a booking, you guarantee that you have the authority to accept and do accept on behalf of all members of your party the terms of these booking conditions.

3. Paying for Your Holiday

When you make your booking, you must pay a deposit of ten percent (10 %) of the holiday cost per person together with payment of any non-refundable amounts detailed in your Proposal. The balance of the price of your travel arrangements must be paid at least 45 days before your arrival date. If you make your booking less than 45 days before your arrival date the full holiday cost must be paid at the time of booking. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time, we shall retain your deposit and payments for any non-refundable amounts detailed in your Proposal.

The Price excludes gratuities, fuel, food and beverages (other than expressly listed in the Proposal), caddy fees, any hotel services of a personal nature and all other goods and services not expressly listed in the Proposal.

Payment shall be made in pounds sterling by bank transfer (account details to be provided by us on request) or by credit card.

4. If You Cancel Your Holiday

You may cancel your travel arrangements at any time. To cancel please email enquiries@best-of-scotland.co.uk or telephone +44(0)1592 752990. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows (see also the exception below):

Period before arrival Cancellation charge in which you notify us

More than 45 days : deposit and payments for any non-refundable amounts
Between 31 and 45 days : 50 % of holiday cost and payments for any non-refundable amounts
Less than 31 days : 100 % of holiday cost

Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

You accept that these cancellation charges are a genuine pre-estimate of the loss we will incur if you cancel your holiday.

You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund.

There will be no refunds for any part of the travel services which you do not use for example missed meals, golf or sightseeing activities.

5. If You Change Your Booking

If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen arrival date or accommodation, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay any increase in price and an administration charge of £10 per person per amendment, and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the arrival date that changes are made, and you should contact us as soon as possible. If the number of people within the party reduces after the Proposal is issued, the price in respect of the travel services provided to the remaining members of the party may increase.

Please note certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing as soon as possible and no later than 7 days before arrival. Both you and the new traveller are responsible for paying all costs we incur in making the transfer.

6. If we cancel your booking

We reserve the right to cancel your booking. We will not cancel less than 45 days before your arrival date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

If your holiday is cancelled, you can either have a refund of all monies paid or accept an alternative holiday of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value).

In the event a refund is paid to you, we will pay compensation as detailed below except where the cancellation is due to unavoidable and extraordinary circumstances (see definition above).

Period before arrival in which we notify you Amount you will receive from us

More than 70 days : £0
45 to 70 days : £25
21 to 44 days : £35
7 to 20 days : £50
Less than 7 days : £100

This does not exclude you from claiming more if you are entitled to do so.

7. If we change your booking

(a) Changes to the price

We can change your holiday price after you’ve booked, only in certain circumstances:

Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or exchange rates mean that the price of your travel arrangements may change after you have booked. However, there will be no change within 20 days of your arrival.

We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel you must do so within the time period shown on your final invoice.

Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

(b) Changes other than the price

It is a term of your booking that we are able to make changes to any aspect of your booking. If the change is insignificant, we will ensure that you are notified about it. Examples of insignificant changes include alteration of any transport provided by less than 12 hours, changes to golf or excursions, change of accommodation to another of the same or higher standard, changes of transport suppliers.

If we are constrained by circumstances beyond our control to alter significantly any of the main characteristics of the travel services that make up your package you will have the rights set out below.

• We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative holiday, where we offer one (we will refund any price difference if the alternative is of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given your booking may be cancelled.

If you choose to accept a refund we will pay compensation as detailed below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

This does not exclude you from claiming more if you are entitled to do so.

Period before arrival in which we notify you Amount you will receive from us

More than 70 days : £0
45 to 70 days : £25
21 to 44 days : £35
7 to 20 days : £50
Less than 7 days : £100

8. Our Liability to You

You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, you may be entitled to an appropriate price reduction or compensation or both. We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to

a) The contractual terms of the companies that provide the travel services that make up your package. These terms are incorporated into this booking; and
b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.

You can ask for copies of the travel service contractual terms, or the international conventions, from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by any travel service provider will be deducted.

If it is impossible to ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.

9. Protecting your money

We provide full financial protection for our package holidays by way of an insurance policy with Towergate Travel through Zurich Insurance PLC.

10. Behaviour

Only you can use any accommodation. You must not let anyone else stay there. You are responsible for any damage to your accommodation or its contents during your holiday.

We can refuse to accept you on your holiday, remove you from your accommodation or refuse to continue dealing with you if we, or one of the travel service providers, believe your behaviour is unacceptable.

You will not be entitled to a refund in respect of travel services not used and we will not provide compensation or meet any costs or expenses.

If you are disruptive, you will be responsible for any damages, costs, claims and expenses (including legal expenses) incurred as a result.

11. Complaints

If you have a complaint about any of the services included in your holiday, you must inform Best of Scotland Holidays, Unit 1 Waverley Road, Kirkcaldy, KY1 3NH, 01592 752990, enquiries@best-of-scotland.co.uk without undue delay who will endeavour to put things right.
If it is not resolved locally, please follow this up as soon as possible after your return home, ideally within 28 days by writing to our Customer Services Department at Best of Scotland Holidays, Unit 1 Waverley Road, Kirkcaldy, KY1 3NH giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you fail to follow the requirement to report your complaint in resort, we will have been deprived of the opportunity to investigate and rectify it and this may affect your rights under this booking…

12. Additional assistance

If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.

13. Passport, Visa / Immigration and Driving Licence Requirements

Your specific passport, visa and electronic travel authorisation requirements, and other immigration requirements are your responsibility, and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

If you are hiring a vehicle, all drivers must present a fully valid and unexpired driving licence (digital licences are not accepted). If the driving licence is written in a language and characters different from those of the country of rental, you may require an International Driving Permit. Therefore we thoroughly recommend you travel with an International Driving Permit to present if requested. It is your responsibility to ensure you have the correct documentation to allow you to rent a vehicle. We cannot take responsibility if you are unable to proceed with rental due to incorrect or missing documentation.

All renters must provide a valid photo ID such as a driving licence, passport or ID card. Visitors to the UK must also provide proof of return travel and accommodation information while in the UK. Please note that rental companies reserve the right to request additional ID or conduct further identification checks if needed, which may include an identity check with an external organisation.

All members of your party should have adequate travel insurance.

14. Excursions

Excursions or other travel services that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us and your contract will be with the operator of the excursion or travel service and not with us. We are not responsible for the provision of the excursion or travel service or for anything that happens during the course of its provision by the operator. Where we arrange caddy services for you or members of your party, these are not guaranteed.

15. Travel Agents

All monies you pay to the travel agent are held by them on our behalf at all times.

16. General

There are maximum and minimum driving ages for vehicles. If members of the party will be under 25 or over 70 years old at the time of travel, you must make us aware immediately on issue of the Proposal so that we can make the necessary checks. Failure to do so may result in members of the party being unable to collect the rental vehicle.

On trips with a chauffeur (car, van or coach) all transfers are based on all members of the party travelling together. If members of the party have varied arrival and departure arrangements, then additional transfers may be required and are not included in the price unless expressly included in the Proposal. Similarly, when an airport “Meet and Greet” service is included then it is based on the whole group arriving at the same time and place.

If playing golf all members of the party must wear appropriate attire on golf courses and must bring handicap verification with them on the trip.

17. Law and jurisdiction

This booking is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.

Please note, if you are including our services with additional travel components being organised for the travelling client, our wholesaler agreement will apply. Please contact enquiries@best-of-scotland.co.uk to request this document.

The Package Travel and Linked Travel Arrangements Regulations 2018 – General Information

• Travellers will receive all essential information about the package before concluding the package travel contract.
• There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
• Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
• Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
• The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
• Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
• Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
• Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee – see terms and conditions section 4.
• If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
• Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
• The organiser has to provide assistance if the traveller is in difficulty.
• If the organiser or the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. M J D HOLIDAYS LIMITED trading as Best of Scotland Holidays has taken out insolvency protection with Towergate Travel through Zurich Insurance PLC. Travellers may contact this entity if services are denied because of Best of Scotland Holidays insolvency.