Yellow Welly Tours. 

Terms & Conditions

Your booking is made subject to the following terms and conditions:

General

These terms and conditions, together with any other written information brought to your attention before we confirm your booking, shall form the basis of your contract with Yellow Welly Tours in respect of the relevant tour or other holiday experience (together referred to in these terms and conditions as ‘tours’) to be provided by the Company. Please read these terms and conditions carefully and contact us if you have any queries.

Within these conditions, ‘you’ and ‘your’ means all persons named on the booking. By making a booking, the ‘lead passenger’ specified in the booking will be deemed to have accepted these conditions on behalf of all passengers named within the booking. For the avoidance of doubt, ‘written’ or ‘in writing’ shall, where used in these terms and conditions, include email.

We endeavour to ensure that the information and prices in our brochures and on our website are accurate; however, occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances. You should check the current price and all other details relating to the arrangements that you wish to book before your booking request is made. All tours are sold subject to availability.

Whilst it is not anticipated that any tours sold by the Company would constitute a ‘package’ for the purposes of The Package Travel, Package Holidays and Package Tours Regulations 1992 (the “1992 Regulations”), none of these terms and conditions are intended to contravene or contradict the 1992 Regulations (so far as applicable to your booking) or the Consumer Rights Act 2015 and your statutory rights under any such legislation are not affected.

Booking Process

Bookings can be made via our website at www.yellowwellytours.com, by telephone or by contacting us by email at hello@yellowwellytours.com.

Your booking is not confirmed until we have issued your booking confirmation. At that point a binding contract will be entered between us. For private tours (being single day tours, or tours of more than one day, with a specific itinerary, which are available for booking on scheduled dates from scheduled departure points), full payment will be required at the time of booking and (unless otherwise agreed), a booking confirmation will only be issued once we have received full payment from you. We cannot be held responsible if any tour in which you are interested becomes fully booked or otherwise unavailable prior to full payment being received from you.

Accommodation and Other Services

Admission fees, meals and guided tours are not included in the tour price unless expressly stated in the tour description. 

Changes by Us

While the Company shall do everything reasonably possible to provide your tour itinerary and/or services as planned, the Company reserves the right to alter itineraries, transport or accommodation if required to do so. The majority of any such alterations will be minor and we will try to advise you of them as soon as possible.

In the unlikely event, however, that we are required to significantly alter a material part of your tour, we will notify you of this as quickly as possible to enable you to decide how you wish to proceed. In such event you will be entitled: –

*  to take an alternative tour of equivalent or superior quality, if we can offer that, or

* to take a substitute tour of lower quality if we can offer that (in which event the difference in price between the original and the substitute tour  will be refunded to you); or

* to cancel your booking and obtain a full refund of all monies paid by you.

Please be aware that the nature of travel involves risks and unpredictable weather and road conditions, and we cannot, therefore, guarantee any departure or arrival times at any points of a tour itinerary.

Changes by You

If you wish to change any part of your confirmed booking, you should inform us in writing as soon as possible. This should be done by the lead passenger named on the booking. Whilst we will do our best to assist you, we cannot guarantee that we will be able to meet your request. 

Where we can meet a change request made by you, any changes made may be subject to an administration fee (as advised by the Company). In addition, you may also be required to meet any extra costs incurred by us (and any costs or charges incurred or imposed by any of our suppliers) in making the requested change. Where we are unable to meet your change request and you no longer wish to travel based on the original booking, this will be treated as a cancellation of your booking and cancellation charges may be payable by you, as outlined in these terms.

If, once your booking is confirmed, you are unable to travel for any reason then we will allow you to transfer your booking to someone else (introduced by you, and who satisfies all the conditions applicable to the booking) provided that: –

* I. we are notified of this in writing at least 7 days prior to departure;

* an administration fee per person transferring (as advised by the Company) is paid;

*you and/or the transferee make payment of any costs and charges incurred by us and/or imposed by our accommodation providers or other suppliers, and

*the transferee agrees to these conditions and all other terms of the contract between us.

For the avoidance of doubt, no transfer requests or changes will be finally confirmed until full payment of all applicable charges referred to above have been received by the Company.

Cancellation by Us

We will only cancel tours due to unforeseeable circumstances which are out with our control or which might jeopardise your safety. If we cancel your tour then we will always refund you, in full, for all sums paid by you.

Cancellation by You

If you wish to cancel your booking after our booking confirmation has been issued, you should inform us in writing as soon as possible – the effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges may be payable, as set out below.

The following cancellation charges apply (depending on the effective date of cancellation):-

*cancellation more than 72 hours before the tour departure: 25% of the tour price;

*cancellation less than 72 hours before the tour departure: 100% of the tour price;

*in the event of a ‘no show’ you will be charged 100% of the tour price.

Refusal of Travel

The Company reserves the right to refuse to carry any person whose conduct or manner is likely to cause offence or upset to other passengers. The Company also reserves the right to refuse travel to any person who is experiencing medical symptoms likely to cause ill health to others. It is therefore vital that you ensure that you are fit to travel on the departure date.

In either of the cases mentioned above, full cancellation charges shall be applied by the Company and the Company shall have no further liability to that passenger or to any person travelling with them.

Our Liability and Actions of Suppliers

Many of the aspects of your holiday experience (of which your tour may form part) are provided by independent suppliers, who provide such products and services on the basis of their own terms and conditions. In particular, tickets for travel on other carriers are subject to the normal conditions of carriage of the individual carrier.

The Company will not accept or have any liability for any acts or omissions (whether negligent or otherwise) of any supplier or person providing services in connection with any tour unless such a person is employed by or under the direct control of the Company. Although we will use reasonable skill and care in verifying descriptions and other information provided by third party suppliers, we cannot guarantee that all such information is accurate, complete or correct and each such supplier remains responsible for the accuracy, completeness and correctness of the information provided to us by them.

This does not, however, affect your statutory rights under The Package Travel, Package Holidays and Package Tours Regulations 1992, to the extent applicable to your booking. To the extent that these Regulations do apply to your tour booking, then (subject to these terms and conditions) if we or our suppliers are in breach of contract and/or negligently perform or arrange the services which we are obliged to provide for you under our contract with you (as detailed in your booking confirmation) then we may be obliged to pay you reasonable compensation, which will be calculated taking into account all relevant factors (such as, but not limited to, the extent to which this affected the overall enjoyment of your tour). Please note that it is your responsibility to show that we or our suppliers have breached the contract or been negligent.

If we are found liable to pay you compensation under the above provision, then (subject to the following paragraphs) the maximum amount which we will be liable to pay to you in respect of any claim shall be limited to twice the price paid by the affected person, in total. This maximum amount will only be payable where you or your party have received no benefit from your booking. This limitation shall not apply to any claims relating to death or personal injury or fraud (or any other type of claim that cannot be excluded or limited at law). You must notify us of any potential claims under this provision at the earliest opportunity.

We will not be responsible for, nor will we be liable to pay compensation for, any loss, cost, damage or claim to the extent that it results from:-

*any act and/or omission by you;

*the act or omission of any third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;

*unusual or unforeseeable circumstances beyond our (or our suppliers’) control, the consequences of which could not have been avoided even if all due care had been taken; or

*any event which either we or our suppliers could not, even with all due care, have foreseen or forestalled.

The Company cannot assume responsibility for any costs incurred for any travel arrangements purchased separately from the Company.

Special Requests

Any special requests should be advised to us at the time of booking. Whilst we will try to accommodate your reasonable special requests, we cannot guarantee that they will be fulfilled and failure to meet any special request will not be a breach of contract on our part. Where appropriate, we will pass any special requests on to your accommodation provider(s), but we cannot be held responsible for their failure or inability to meet your request. Please also be aware that some accommodation providers may make an additional charge (payable locally) depending on the nature of your request. We regret that we cannot accept bookings which are conditional on any special request being met.

Disabilities and Medical Problems

We will try to accommodate disabilities and medical problems where we can but please be aware that many of our tours may not be suitable. If you or any member of your party has any disability or medical problem which may affect their ability to travel on our tour then please provide us with full details at the time of making your booking enquiry, so that we can advise you as to the suitability of your chosen arrangements. If we are not informed of any disabilities or medical problems in this way then we cannot be held responsible for any cost or inconvenience incurred if we are unable to accommodate you or any member of your party.

If, acting reasonably, we are unable to accommodate the needs of the person(s) concerned then we will not confirm your booking or (if you did not give us details of the disability or medical problem at the time of making the booking request) we shall be entitled to cancel your booking and to levy the relevant cancellation charges.

Children

We regret that we do not carry children under the age of 5 on our tours.

Luggage

Unless otherwise notified, passengers are restricted to one small carryon bag per person.

Smoking

Smoking (including e-cigarettes) is not permitted in out vehicles but there are frequent stops en route for those passengers who wish to smoke.

Dogs

Unfortunately, we cannot carry dogs in any of our company vehicles.

Complaints

We actively welcome your feedback, both in respect of our own services and those provided by other suppliers.  In the event that you have any complaint during the course of your tour then please bring this to the attention of your driver or tour guide as soon as possible, and we will endeavour to resolve the matter to your satisfaction.

If your complaint is not resolved locally and you wish to complain further, then please contact us at hello@yellowwellytours.com providing all relevant information necessary to enable us to consider your complaint. We would request that any complaints be raised with us within 28 days of the end of your tour, as otherwise our ability to investigate the complaint properly may be affected.

Insurance

The Company strongly recommends that passengers arrange suitable travel, medical and cancellation insurance.

Data Protection

To process your booking and to ensure that your travel arrangements run smoothly, we will need to use the personal information which you provide to us (such as your name, address, contact details, any special requirements etc). We may also use the information provided to keep in touch with you and to advise you of the Company’s products and services (including special offers) from time to time. In addition, we may be required to pass this information on to third parties (such as accommodation providers or other suppliers relevant to your booking). We will not, however, pass your information on to anyone who is not involved in providing (or arranging the provision of) any product or service related to your booking. We believe in protecting your privacy.

Please click HERE to review our current Privacy and Cookies Policy, which can also

Useful Links

Where our websites contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or of any information you may obtain from them. You must not establish any link to our websites unless we have given our express written approval of this.

Website and Media Content

You consent to us using images and videos of you taken during the tour for advertising and promotional purposes in any medium we choose. Our websites may include information and materials (including photographs) uploaded by other users of the websites, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our websites do not represent our views or values. If you wish to complain about information or materials uploaded by other users, please contact us at hello@yellowwellytours.com.

Whenever you make use of a feature that allows you to upload content to our websites, or to make contact with other users of our websites, you must comply with the following content standards in respect of any and all material which you contribute to our websites (contributions), and to any interactive services associated with it. Contributions must (i) be accurate (where they state facts), (ii) be genuinely held (where they state opinions), and (iii) comply with applicable law in the UK and in any country from which they are posted. Contributions must not (i) contain any material which is defamatory of any person, (ii) contain any material which is obscene, offensive, hateful or inflammatory, (iii) promote sexually explicit material; (iv) promote violence or any illegal activity, (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (vi) infringe any intellectual property rights of any other person, (vii) be likely to deceive any person or to misrepresent your identity or affiliation with any person, (viii) be threatening, abusive or invade another’s privacy, or be calculated or likely to harass, upset, embarrass, alarm or annoy any other person, (ix) give the impression that they emanate from us, if this is not the case.

You warrant that any such contribution shall comply with our content standards, and you will be liable to us and shall compensate us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty and non-compliance with our content standards.

Any testimonials, photographs or content (which you upload to our websites or otherwise) will be considered non-confidential and non-proprietary (unless expressly stated by you in writing to hello@yellowwellytours.com. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content and to distribute and make it available to third parties. Uploading your content shall automatically grant us a perpetual, worldwide, royalty-free, non-exclusive licence to use, reproduce, distribute and display such content for such purposes as we may reasonably require including, without limitation, for use in our marketing materials and publicity.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our websites constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make or content you upload on our websites if, in our opinion, your post does not comply with the content standards set out above. We may also impose restrictions on the amount of content which can be uploaded at any time.

You are solely responsible for securing and backing up your content.

We are not responsible for viruses and you must not introduce them. 

Promotional Codes

The Company (or third parties on our behalf) may from time to time issue promotional codes for use in booking our tours, which may provide a discount on the price of your booking. Promotional codes shall be valid only during the dates stated (and for the tours/departure points stated) and may only be valid for bookings made by you directly through our website and/or by phone. Promotional codes are not redeemable for cash and may be withdrawn by the Company at any time, in its discretion. Promotional codes may not be used in conjunction with any other offer. All tours are subject to availability.

Force Majeure

Unless expressly stated otherwise in these terms and conditions, we will not have any liability to you if we are prevented from fulfilling our contractual obligations to you as a result of any event which is out with our control (and/or out with the control of the supplier or provider of the service in question). Such events may include (but are not limited to) war or threat of war; terrorist activity or the threat of terrorist activity; civil commotion or riot; any action taken by a governmental or public authority; industrial disputes; collapse of buildings, fire, explosion or accident; traffic or road conditions or road closures; technical or mechanical breakdown; adverse weather conditions; natural disasters and all similar events or circumstances.

Enforceability of Terms

If any provision of these terms and conditions is found to be illegal or unenforceable, that shall not affect the validity and enforceability of the remainder of these terms and conditions.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with Scots law and any matter or claim arising from them shall be dealt with only by the Scottish courts (save that you may choose the law and the courts of England, Wales, Northern Ireland or Eire if you live in any of those places and wish to do so). The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europe.eu/consumers/odr/.  If you would like to bring a matter to our attention, please contact us by email at hello@yellowwellytours.com