1. About us
    • Company details. MV Luxury Travel Limited (company number SC649214) (we and us) is a company registered in Scotland and our registered office is at 1 St Colme Street, Edinburgh, Scotland, EH3 6AA. Our VAT number is [GB410216264]. We operate the websites mvluxurytravel.com, luxuryirelandtours.com, luxuryscotlandtours.com, privatetoursscotland.com and luxuryenglandtours.com.
    • Contacting us. To contact us, telephone our customer service team at 0131 5109298 or email us at info@privatetoursscotland.com. You can also write to us at 1 St Colme Street, Edinburgh, Scotland, EH3 6AA. How to give us formal notice of any matter under the Contract is set out in clause 2.

  2. Our contract with you
    • Our contract. These terms and conditions (Terms) apply to any booking enquiry made by you and any subsequent confirmed booking (a “Booking”) made by you (Contract). These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing but these Terms shall be subject to the application of The Package Travel and Linked Travel Arrangements Regulations 2018 (the “Legislation”), where applicable. In the event of a conflict between the provisions of these Terms and the Legislation, the provisions of the Legislation shall take precedence. Please take the time to read these Terms carefully to ensure that all terms are adhered to.  In addition, you acknowledge that some of the services which form part of the Booking are provided by third party suppliers.  Those suppliers provide these services in accordance with their own terms and conditions and, consequently, you accept that those terms and conditions will form part of this Contract.
    • Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    • These Terms and the Contract are made only in the English language.
    • Your copy. You should print off a copy of these Terms for future reference.

  3. Making a Booking and its acceptance
    • Making a Booking. You may make a booking enquiry via website form, email or phone.  Thereafter a first draft itinerary will be presented to you with a quote. When your requirements are finalised, we will provide you with a formal quote. If you accept the quote and proceed to intimate your wish to confirm a Booking, we will ask you to pay deposit.  Upon receipt of the deposit, we will send you a booking confirmation (“Booking Confirmation”).  Our acceptance of your Booking takes place when we send an email with your Booking Confirmation.  We advise that you book any required flights to correlate with your party’s arrival and departure of the Booking before making the deposit payment.
    • Correcting input errors. Our Booking process allows you to check and amend any errors before submitting to us. Please check the Booking carefully before confirming it. You are responsible for ensuring that your submission of a Booking enquiry or Booking information is complete and accurate.

  4. Our services
    • Descriptions and illustrations. Any descriptions or illustrations on our site are published for the sole purpose of giving an idea of the services described in them. They will not form part of the Contract or have any contractual force.
    • In connection with the Services that we provide to you, you may opt to participate in additional experiences (such as excursions) which do not form part of your confirmed Booking itinerary.  In these circumstances, we act as agents for these third party supplier and your contract will be with them.  You are responsible for adhering to the terms and Conditions of each applicable third party. We cannot accept liability for any loss, delay, disappointment, damage, injury, death, accident or other harm to you which occurs as a result of any acts or omissions or negligence of any of these third parties.  However, despite this, if you encounter an issue, we will liaise with the third party involved and strive to achieve an amicable outcome with them in accordance with good industry practice.
    • Changes to specification and itinerary. Subject to our obligations under the Legislation, we retain the right to make any changes to any transport method and car hire. In these unlikely circumstances an alternative method or vehicle will be sourced which will be of a similar standard to those mentioned in your original booking. Our team also reserves the right to make any changes to the itinerary based on availability, weather, industry conditions or in their professional judgement. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such amendment.
    • Upon payment for the Booking, the Booking will be confirmed and, as such, accommodation, route, excursions, and tour dates cannot be changed. However, we can provide a separate quotation for the following (subject to availability):-
  • Adding extra participants to the tour (same accommodation cannot be guaranteed)
  • Extending the tour by a short period.
    • Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
    • Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Booking Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
    • Where you or a member of your group is in difficulty, we will give appropriate assistance without undue delay, by (a)providing appropriate information on health services, local authorities and consular assistance; and (b) assisting you to make distance communications and helping you to find alternative travel arrangements. We may charge a fee for such assistance if the difficulty is caused intentionally by you or through your negligence but that fee—(a) will be reasonable; and (b) will not exceed the actual costs incurred by us.

  1. Your obligations
    • It is your responsibility to ensure that:
      • the terms of your enquiry and any subsequent booking are complete and accurate;
      • you cooperate with us in all matters relating to the Services;
      • you provide us with such information we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
      • the behaviour of all passengers is courteous and polite. We reserve the right to refuse to carry any person if we find it appropriate to do so.
      • In either of the cases mentioned above, full cancellation charges shall be applied by us and we shall have no further liability to that passenger or to any person travelling with them.
      • In either of the cases mentioned above, full cancellation charges shall be applied by us and we shall have no further liability to that passenger or to any person travelling with them.
      • you are personally responsible for ensuring that all passengers on the Booking have a valid passport, relevant visa(s) and conform to the health regulations required by the country/s that will be visited during the Booking. Advice on health requirements may be obtained from a health professional; and
      • all passengers must have adequate travel insurance. We take no responsibility for any injuries or loss to you incurred whilst you are taking part in any optional activities that are not part of the Booking. We strongly recommend that you take out comprehensive insurance cover for cancellation, medical expenses, personal accident, personal baggage, money and public liability before you travel. Particular care should be taken to ensure that you have adequate cover, in particular for cancellation and emergency repatriation in the event of medical problems.
    • If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 1 (Your Default):
      • we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 12 (Termination);
      • we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
      • it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

  1. Charges
    • In consideration of us providing the Services you agree to pay the charges on the basis set out in the Booking Confirmation (the “Charges”). We will automatically send payment reminders to the email you provide when making the Booking. Unless otherwise agree, our payment terms are typically:
      • 50% deposit to secure Booking;
      • 25% due 6 months prior to arrival; and
      • 25% due 3 months prior to arrival
    • If you wish to change the scope of the Services after we confirm your Booking, and we can accommodate such change, we will modify the Charges accordingly.
    • Our Charges are inclusive of VAT.
    • It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. Where the correct price for the Services is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your Booking. We will not process your Booking until we have your instructions. If we are unable to contact you using the contact details you provided during the Booking process, we will treat the Booking as cancelled and notify you in writing. However, if we mistakenly accept and process your Booking where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
    • We reserve the right to increase the price of a Booking to allow for increases which are a direct consequence of increases in the level of taxation chargeable in respect of the Services. You will be charged for the amount of any increase in accordance with this clause, subject always that, if this leads to an increase of more than 8%, you will have the option of accepting a change to another tour, or cancelling and receiving a full refund of all monies paid, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.
    • Should the price of your tour go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee based on our costs to make such change and will be confirmed to you before such administration is carried out.
    • There will be no change made to the price of your confirmed Booking within 20 days of your departure nor will refunds be paid during this period.

  2. How to pay
    • Payment for the Services shall be made in accordance with the Booking Confirmation.
    • Payment can be made via bank transfer or via the online invoice system provided by us on our Invoice.

  3. Complaints
    • If a problem arises or you are dissatisfied with the Services, please contact our customer services on [info@privatetoursscotland.com or 0131 5109 298].
    • In line with our obligations under The Package Travel and Linked Travel Arrangements Regulations 2018 (the “Legislation”), if we or our suppliers negligently perform or arrange those services set out in your final Booking itinerary and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both under the Legislation. Where you have such a complaint, you are responsible for informing us without undue delay. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

  4. How we may use your personal information
    • We will use any personal information you provide to us to:
      • provide the Services;
      • process your payment for the Services; and
      • inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
    • We will process your personal information in accordance with our [https://privatetoursscotland.com/privacy-policy/] terms of which are incorporated into this Contract.

    • Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation; and
      • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
    • To the extent that we are an “organiser” under The Package Travel and Linked Travel Arrangements Regulations 2018, we will be responsible for the proper provision of the Services included in your package, as set out in your final itinerary document and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you which are not set out in your final itinerary document and the information we provided to you regarding the services prior to booking.
    • Subject to clauses 1 and 10.2 we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
      • loss of profits;
      • loss of sales or business;
      • loss of agreements or contracts;
      • loss of use or corruption of software, data or information; or
      • any indirect or consequential loss.
    • Subject to clauses 1 and 10.2, our total liability to you arising under or in connection with any Booking, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the relevant Booking.
    • We will offer you an appropriate price reduction for any period during which there is a lack of conformity by us with the final Booking itinerary, unless the lack of conformity was attributable to you or a member of your group.
    • Subject to Clause 10.4, we will provide appropriate compensation for any damage which you sustain as a result of any lack of conformity. For the avoidance of doubt, you are not entitled to compensation for damages under paragraph this clause 10.5 if the lack of conformity is (a)attributable to you or a member of your group; (b)attributable to a third party unconnected with the provision of the Services included in the Booking and is unforeseeable or unavoidable; or (c)due to unavoidable and extraordinary circumstances.
    • This clause 10 will survive termination of the Contract.

  6. Confidentiality
    • We each undertake that we will not at any time during the Contract, and for a period of five years after termination of the Contract, disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 2.
    • We each may disclose the other’s confidential information:
      • to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 11; and
      • as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.

  7. Termination and Cancellation
    • Termination. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate any Booking with immediate effect by giving written notice to you if:
      • you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 3 days of you being notified in writing to do so;
      • you fail to pay any amount due under the Contract on the due date for payment;
      • where permitted under the Legislation.
    • You may cancel a Booking at any time by informing us by email. You agree to us applying the following cancellation charges:
Date of Cancellation Charges Due
Up to 120 days prior to start date 35% of the Charges for the Booking
Between 120 & 90 days prior to arrival date 45% of the Charges for the Booking
Between 89 & 60 days prior to arrival date 65% of the Charges for the Booking
Between 59 & 30 days prior to arrival date 75% of the Charges for the Booking
Less than 30 days prior to arrival date 100% of the Charges for the Booking
  • If one or more member of your group wish to cancel, this might result in an increase for the remaining travellers in the group. You hereby agreed to pay any such increase.
  • If you wish to substitute any of the travellers on your Booking, this will be possible provided the substitute traveller satisfies all the conditions of these Terms and provided you give us at least 30 days’ notice before the day on which your tour starts. We will inform you about any additional fees, charges or other costs arising from the transfer and will provide proof of those costs.  We are obliged to ensure that the transfer costs (a)must not be unreasonable; and (b)must not exceed the cost incurred by us as a result of the transfer.
  • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

  1. Events outside our control
    • During a Booking, we will not be liable or responsible for any failure to perform, delay in performance of any of our obligations under the Contract or amendments to your itinerary where it has been caused by any act or event beyond our reasonable control (Event Outside Our Control). An Event Outside Our Control includes (but is not limited to) acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, any law or any action taken by a government or public authority, non-performance by suppliers or subcontractors.
    • If an Event Outside Our Control takes place before your Booking starts which significantly impacts upon our ability to materially perform our obligations under the Contract and which, subsequently, significantly alters any of the main characteristics of the Booking, we will notify you as soon as reasonably possible and make you aware of any alternative itineraries that which we might be able to offer. Following our notification to you, you will be a given a reasonable period of time (and in any case, no more than 5 days) to opt to accept the alternative arrangements or decline.
    • Where the alternative itinerary referred to in Clause 13.2 results in a package of lower quality or cost, you will be entitled to an appropriate price reduction.
    • Where you opt to terminate the Booking pursuant to Clause 13.2 and not accept the alternative itinerary, we will refund all payments made by you without undue delay and in any event not later than 14 days after the contract is terminated.
    • Where you do not confirm, within the period specified in Clause 13.2 whether you wishe to accept the proposed alternative itinerary, or terminate the Booking, we will once again provide you with notice of your options. If, despite this second notice, you fail to respond, we may terminate the Booking and refund all payments made by you without undue delay and in any event not later than 14 days after the Booking is terminated.

  2. Communications between us
    • When we refer to “in writing” in these Terms, this includes email.
    • Any notice or other communication given by one of us to the other under or in connection with the Contract will be by email.
    • A notice or other communication is deemed to have been received at 9.00 am the next working day after transmission.

  3. General
    • Assignment and transfer
      • We may assign or transfer our rights and obligations under the Contract to another entity by posting on this webpage if this happens.
      • You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
    • Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    • If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
    • Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    • Governing law and jurisdiction. The Contract is governed by Scots law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Scottish courts.