1. OUR CONTRACT & AGREEMENT
In every case you must read the terms and conditions. Our company is called DoitwithXS. Subject to the terms relating to reservations your contract is with DoitwithXS and comes into existence when you place a reservation request and pay a deposit and we accept your deposit payment and issue a booking confirmation whether orally or written. This agreement will be governed by Scottish Law and any disputes will be dealt with by the Scottish Courts. 1.1 Group Leader The person placing the reservation and or completing the booking form will be the group leader for the duration and he/she will be our point of contact for the group and you accept that the group leader has the authority to deal with us on behalf of every member of the group. To avoid confusion, we will not normally enter into discussions with any other member of the group. If for any reason there is a change in-group leader, you should notify us immediately, and we will not accept any change until we have received confirmation in writing. The group leader is liable for payment of the invoice and therefore is responsible for collecting all monies from his/her group and for making all payments to DoitwithXS by the due date. The group leader accepts full responsibility for paying for all the people on the booking and indemnifies DoitwithXS against losses arising from failure of a group or individuals within the group to pay. The group lead name is responsible for ensuring that all members of the group know about and adhere to the terms and conditions.
2. PLACING A BOOKING
You must be at least 18 years old to make a booking with us. Please note that age restrictions may apply on some of our activities and therefore groups including under 18 year olds should be discussed directly with a DoitwithXS representative. To place a booking, you must contact DoitwithXS directly via phone our website or email. When you book with DoitwithXS, a contract is made when we confirm your booking. When a deposit or other payment is received we will endeavour to confirm our acceptance of the reservation with you. However we reserve the right to cancel the reservation in the event that we cannot confirm the reservation with the supplier in which event we shall return to you all monies paid. We will send you an invoice after you have made the booking. You should check this carefully to confirm that it matches what you booked. It is understood and agreed that those booking via telephone, website or email accept our booking terms and conditions without having signed a booking form.
3. PAYING A DEPOSIT & MAKING PAYMENT
You must pay a deposit at the time you make your booking and you must pay the rest of your reservation invoice to DoitwithXS at least 28 days before departure, although some activities may require payment sooner than this. In this case you shall be informed at time of booking. If you do not pay by the dates due, we reserve the right to cancel your booking and you agree to pay cancellation charges as set out in section 11. If we extend the period for you to pay the final balance at your request, and you still fail to pay or cancel your booking, the cancellation charges will be increased in accordance with the scales set out in section 11. To make payments, you need to provide us with a valid credit or debit card at time of making a booking or making further payments, either over the telephone, in a secure area on our website, or in writing. If you are paying by credit card add 2.5% (representing our charge) to the total cost of each transaction. Alternatively, you can write out a cheque made payable to DoitwithXS and forward to us, where upon receipt, we will endeavour to place the reservation for you at the same price, although this cannot be guaranteed. We will notify you should there be an increase in cost prior to accepting your cheque. We may cancel the reservation if a promised cheque is not received or does not clear upon presentation. 3.1 Deposit Payments A non-refundable 30% deposit of the group total is required prior to the confirmation of any group booking. Full payment is then required no less than 4-weeks prior to the groups arrival date.
4. PRICES
All prices are quoted in pounds Sterling. The prices advertised apply at the time of printing and may vary according to group size, departure date and exchange rates. Prices are based on people sharing accommodation. VAT at 17.5% is included in our prices. Any increase in the rate of VAT occurring prior to the event date will be charged to you. Flights do not incur VAT. Due to the nature of the arrangements made some items include VAT and others do not, therefore we do not provide a VAT breakdown or receipt.
5. SURCHARGES
Once you have booked your holiday, and we have confirmed the price, this will not usually change, providing the arrangements and group size remain the same, and you have not requested a change to the arrangements. Surcharges may apply where minimum numbers are not reached for an activity or event to proceed, to ensure the chosen activity or event can proceed for said group. If our facility costs should increase significantly after acceptance of your booking, we reserve the right to apply these increases and we will notify you in writing of the increase as soon as possible and not later than 28 days before the event. In these circumstances you may cancel in writing the reservation in whole or in part within seven days of such notification and we will refund the cost attributable to that part of the reservation cancelled. In the absence of such cancellation you will be deemed to have accepted the increased charges. Any additional sums under this provision must be paid in accordance with the terms of this contract.
6.
IF WE CHANGE OR CANCEL YOUR RESERVATION BEFORE YOU LEAVE
We try to avoid making any changes to your arrangements. However, we may need to make changes as our itineraries are planned many months beforehand. We reserve the right to amend or substitute alternative arrangements of any element in a booking subject to operational or reasons beyond our control to an equal or greater standard or value. If we make any changes before your booking, we will tell you before you finish making the booking. Occasionally we may have to make major changes. If this is the case, we will always attempt to find a solution and an alternative activity of equivalent or superior quality. Major changes can include, but are not limited to; We have to change your accommodation to a lower rating; We have to change your holiday to a different country or different area of the same country. If we make a major change, you may accept that change, or cancel your holiday and receive a full refund. In a case where the value is lower than your original booking, we will refund the difference to you should you decide to proceed with the reservation. However, in no case will we pay this compensation if the change is due to events listed in the important note below. This is the only circumstance where we will be liable to the provision of making a refund to you, and in all other cases, especially once or after you have arrived, where we accept a difference in cost is due to you, we will provide a credit to the value of said cost towards future travel reservations made with DoitwithXS, which will be accepted by you.
6.1 Important Note
Compensation arrangements do not apply to circumstances beyond our control. We can change or cancel your event in the following circumstances: war, threat of war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions and similar events beyond our control.
6.2 Changes after the start of your holiday or event
Very occasionally we may have to change your activity arrangements after you arrive in the resort, town or city. If we do this, we will try to make alternative arrangements or place you in accommodation or a venue of similar or higher standard in the same or a similar resort. In this event we will transport you to all other elements of your itinerary at no extra cost, if the distance between destinations and venues increase dramatically, provided that transport is available. If transport is not available, we will pay you the appropriate reasonable transport costs you incur, limited to the elements of your itinerary arrangements made with us, providing you provide receipts that detail the journey(ies), and you have received prior authorisation from us. This does not impose any obligation upon DoitwithXS to make specific transport arrangements for you if none are available. If the change to your reservation is to a lesser value venue or accommodation, and does not involve increased transport costs, or the necessity to award transfers, we will refund the difference in value to you, upon your return by way of a credit towards future travel arrangements, excluding flights if applicable, made with DoitwithXS. If we make changes to your reservation after you have arrived due to the important reasons in section 6.1, or other reasons beyond our control, we will not be liable for such compensation or credit arrangements.
7. OUR RESPONSIBILITY
Our responsibility is to ensure the elements that make up the package you have booked with us are booked and available to you. We arrange contracts for accommodation and other arrangements through suppliers who we have taken reasonable care to make sure have good reputations and run safe and efficient businesses. We will monitor and control the performance of our suppliers and judge their performance against the standards and customs in the country where the services are provided. We will refund the part of your reservation by way of credit against future travel arrangements made with DoitwithXS which will be applicable if those suppliers fail to provide the services they agreed to supply provided that this formed part of the package holiday originally sold to you. We will accept liability for claims for personal injury arising as a result of our employed staff being negligent while in the course of their employment or contract. We cannot accept liability in the following circumstances: 1. If you or any member of your party is at fault. This includes but not limited to; intoxication through drink or drugs, abusive, threatening or aggressive behaviour or failure to abide by onsite rules, health and safety 2. If the failure is the fault of someone else not connected with providing the services which make up the holiday which we have confirmed to you. 3. Any unusual or unexpected circumstances beyond our control, which we could not have avoided even if we had used all care possible. 4. Any event which we or the supplier of any service could not help, expect, or prevent.
7.1 Itineraries
Itineraries are planned with the benefit of our extensive experience. We consider all factors of the arrangements in order that we can create the best possible itinerary timings available at that time. Itinerary timings for ground arrangements are based on latest arrival times, and it is a condition that groups arrive at least 15 minutes prior to their itinerary to ensure a smooth running programme. Lateness may affect the duration of events or activities and may also lead to cancellation of that particular activity or event. Bookings are made and accepted on the basis that everyone within the group participates in the same booked group itinerary. DoitwithXS are not liable for failure of an itinerary and the events and activities therein if groups arrive late, members are intoxicated or deemed unfit to participate in any way.
7.2 Inclement Weather
If we or our suppliers cannot provide any sport activity due to weather conditions we will provide you with a credit voucher exchangeable within six months against another travel reservation made with us excluding flights.
7.3 Failure of provision of arranged facility
If we cannot provide an agreed and arranged facility due to reasons beyond our control (e.g. unforeseen or unadvised closure of licensed premises, or cease of trading of business premises) we will provide you with a credit voucher exchangeable within six months, but we will not give you a refund.
7.4 Meals
Most venues offer a set menu and some venues require pre ordering from set menu to aid service levels on the evening. It is a condition of booking that you complete the pre order and return within the timescales advised to you. Vegetarian options accompany the vast majority of menus. Where requested we will endeavour to arrange alternative food for special dietary requirements, however, this cannot be guaranteed, and DoitwithXS accept no liability if a venue or restaurant are unable to provide substitute meals. We cannot request alternative meals for late reservations or if we are notified within 14 days of arrival. DoitwithXS are not liable for reactions to food allergies. English, Buffet or Continental Breakfast is included in all overnight stays.
7.5 Sports, Activities, Health Clubs and Treatments
The rules of venues must be adhered to by all group members. The participation within certain sports or activities contained in our programmes may be subject to height, weight and health restrictions. You must advise us of any medical circumstances that may affect your safety or health whilst participating. Furthermore, driving and shooting activities may not be accessible to intoxicated or unfit people as decided by the activity provider. Participation in the itineraries featured by DoitwithXS is at the participators risk and adequate insurance cover should be obtained for all members of the group.
8. FLIGHT DELAYS
Whilst airlines and authorities try to avoid flight delays, unfortunately they occasionally happen. We cannot accept liability for flight delays as these are beyond our control. It may be possible for you to make an insurance claim for any flight delay, dependent on the policy you undertake. If a flight is booked through us, and a flight delay incurs a major disruption of the ground arrangements also made with us, we will assist wherever we can to ensure the arrangements are still available when you arrive at your destination. We will not be liable for costs you incur, or failure of your arrival at your ground arrangements as a subsequence of a flight delay or cancellation, nor will we be liable for providing a refund in such circumstances.
YOUR OBLIGATION TO US:
10. IF YOU WANT TO CANCEL
Once you have placed your commitment to book with us, you may cancel the whole reservation, not part of. When placing your reservation and confirming your group size, you are confirming the minimum cost of your reservation. If you want to cancel your booking after we have accepted it, the group lead name must send signed instructions to us. If you cancel your booking we will not refund any deposits or insurance premium you paid. Furthermore you agree to pay our cancellation charges shown below. These charges reflect our estimated loss as a result of dealing with your booking to the point of cancellation and any other losses we may have to pay. You may be able to make a claim under your travel insurance policy if your cancellation falls within the conditions of the policy, however you will need to refer to the master policy and the insurers to ascertain this as we cannot provide advice on Insurance issues. Our cancellation charges: For ground packages / arrangements – Period before commencement The amount of invoice cost you agree to pay when we receive your written cancellation PERIOD: CHARGE: OVER 42 DAYS Full deposit. 29 TO 41 DAYS 50% of Invoice. 15 TO 28 DAYS 75% of Invoice. 14 days or less 100% of Invoice + Insurance PLEASE READ BEFORE YOU BOOK.
11. IF YOU WANT TO CHANGE YOUR BOOKING
If you wish to make any alterations to your booking after it has been confirmed, an administration charge will be levied. As your contract is made with DoitwithXS, all changes and requests must be made direct with us and not end suppliers. Amendments cannot be made within 14 days of commencement of the event or booking. Should your group size reduce after placing your booking, please refer to cancellation charges as set out. We will, subject to availability, endeavour to allocate you additional places within a booking should you require them and in this case only, our administration charge should not apply. If you want to change your booking in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time. Where we can make such a change we will charge an amendment fee for each item you want to change in accordance with the terms set out in the table below. You will also need to pay any difference in the holiday price which results from such a required change and any insurance premiums for any new names. And remember, any change to your departure date, accommodation, flight or length of holiday has to apply to all members of your booking. Note: If you want to change your departure date within 8 weeks of your departure date then we will treat your booking as cancelled and you will have to pay cancellation fees as set out in Clause 11 We will charge no more than £150 in administration fees for any amendments made on the same day. If you have paid supplements for accommodation and the number of people in your accommodation changes, you may have to pay extra and may lose any free or reduced group places. You may not change your reservation to a special offer that may subsequently become available. You cannot transfer insurance premiums from one person to another.
11.1 Amendment and Administration Charges
To help ensure we can provide and maintain an efficient service to you and all our customers, we must charge for our time taken dealing with amendments and changes. Once you have placed your initial reservation with us, providing it is longer than 8 weeks prior to departure, we allow a period of 7 days in which to confirm your group size without incurring administration charges. It is at this time we will need the details of your group attendees. If, within this time frame your group size falls below your initial reservation, any deposits paid will be contributed towards your final invoice cost. Should you wish to cancel within 7 days, you will forfeit your deposits and incur our cancellation charges. Administration Fees: All amendments are subject to availability To amend your group size within 7 days of placing your reservation: £0 To reduce your group size at any time: Non transferable deposit loss + insurance premium plus cancellation charges To change an itinerary element: £35 per change plus relevant cancellation charges To change your arrival / departure date: £35 per person plus cancellation charges To change your destination: £35 per person plus cancellation fees.
12. BEHAVIOUR
We can end your holiday if your behaviour or that of any member of your party is likely in our opinion to cause distress, damage, danger to or to annoy our other customers, employees, property or anyone else. If you are prevented from travelling because any person in authority thinks you appear to be unfit to travel or likely to cause discomfort to or disturb other passengers, we will not be liable to complete your holiday arrangements, and will not be liable for any refund, compensation or any other costs you have to pay. We cannot accept liability for the behaviour of others in your venue, activity, accommodation or flight, or if any facilities are removed as a result of their action.
13. SECURITY DEPOSITS
For all accommodation and overnight stays, the group leader or nominated person within the group must complete and sign an Accidental Damage and Deposit Form and return to DoitwithXS prior to the final confirmation being issued. This form is forwarded to your accommodation prior to checking in and a section comprises a valid credit card authority to be held by the hotel management for the duration of the stay. Please take the same card with you upon checking in. Certain accommodation insist on a "cash behaviour bond" to be deposited upon arrival, either in addition to or instead of accepting an Accidental Damage and Deposit Form and the group leader and members must fulfil this requirement before checking in, when requested. Management may refuse entry without that signed authority document. You will be advised by us prior to your arrival whether the accommodation will expect a cash bond or if the Accidental Damage and Deposit Form will suffice. DoitwithXS are not liable for your arrangements if this clause is not adhered to, or if the Management refuse entry.
14. TRAVEL DOCUMENTS
It is your responsibility to have valid travel documents, passports and visas. If we or your carrier are fined as a result of you holding incorrect documents, you will indemnify us and we will ask you to pay this amount. We are not responsible for your access into any country and we will not be liable if you are refused entry or deported from any country for any reason whatsoever.
15. SPECIAL REQUESTS
We draw a distinction between Special Requirements which are items essential to your holiday enjoyment and Special Requests. If you advise us of a Special Requirement before you leave, (such as disabled access) we will do our utmost to establish and honour that Special Requirement. However we will not be liable if the Special Requirement does not occur or is not possible. Special requests are additional preferences or enhancements that you may want us to arrange on your behalf. We will try to meet any special requests you tell us about before you leave but we cannot guarantee anything. If we cannot meet your special request, we will not pay any compensation. We will not always be able to tell you before you leave if we cannot meet your special requests. We cannot accept special requests in relation to late availability or other special offer holidays.
16. IF YOU HAVE A PROBLEM
If you have a problem while you are on holiday, you must report it immediately to the manager or most senior person of the venue, or, if provided, a DoitwithXS representative who will try to assist you and prevent your holiday being spoilt. Unless there is a valid reason why you failed to report your complaint to our Representatives, we will not consider ourselves to be liable for those complaints. If we cannot sort out your problem, you should record it and forward your points in writing within 14 days of returning from your arrangements, to our Customer Care Department. In the event that you do not tell us in that period or you have not told your DoitwithXS Representative during your holiday, this may affect our ability to investigate complaints and may impact on the way your complaint is dealt with.
17. MINIMUM NUMBERS
Certain programmes and itineraries require minimum group sizes for the price to be correct, or for the event to proceed. In the event that minimum numbers have not been reached, we reserve the right to cancel your event and refund all monies paid, or offer alternative arrangements.
18. CHANGES TO THIS CONTRACT
There may be occasions where at the time of booking we agree to changes to the contract terms. No other third party can change the terms of the contract which includes any statements appearing in the brochure, without our specific written agreement in advance. We reserve the right to make amendments, improvements and changes to these terms and conditions without notice. We will forward a copy of any changes to this contract which will be accepted as part of these terms and conditions, and all reservations will abide by the amended terms, with the exception of reservations already completed, where the latest version of terms will be applicable for that reservation.