1. Appointment of VisitScotland as booking agent
1.1 By using the VisitScotland Service, you appoint us as your agent for the purpose of making Bookings on your behalf. Where we make a Booking for you, a legal contract for the provision of the accommodation/services will be formed between you and the Accommodation Provider and a Booking contract made up of the details of the Booking concerned and these terms and conditions will be formed between you and us.
1.2 The Accommodation Provider is required to contact you directly to notify you of any separate terms and conditions which apply to your relationship with the Accommodation Provider.
2. The Booking Process, Commission and Charges
2.1 When you indicate that the available accommodation is acceptable, we will treat that as your offer to contract with the Accommodation Provider and will process that offer on your behalf. As part of that process we will charge your nominated credit/debit card a non-refundable payment of 10% of the Total Price. That payment is made to us by way of commission for our role in making the Booking (being referred to in these terms and conditions as our "Commission"). For ease, that 10% payment is also referred to as your "Deposit". In addition to our Commission, a further £4 booking fee will be payable by you to us if you request the Booking through the VisitScotland Contact Centre.
2.2 Confirmation of your Booking together with the relevant booking reference number will be forwarded to both you and the Accommodation Provider once payment of the Deposit has been confirmed.
2.3 Unless Clause 2.4 applies, you must pay the balance of the Total Price payable for the Booking (i.e. the Total Price less the 10% paid by way of your Deposit) direct to the Accommodation Provider when you are at the Establishment.
2.4 In some instances, an Accommodation Provider will require some or all of the balance of the Total Price to be paid in advance of the first day of your Scheduled Stay. If this is the case, the Accommodation Provider will make you aware of the relevant payment requirements at the time that you make your Booking.
2.5 Please note that any additional arrangements made between you and the Accommodation Provider over and above the arrangements set out in these terms and conditions, will not be covered by these terms and conditions.
3.1 If you wish to cancel a Booking you must do so by contacting the VisitScotland Contact Centre or by contacting the Accommodation Provider direct. If you cancel a Booking by contacting either us or the Accommodation Provider direct, up to and including 28 days before the Latest Arrival Time, and that cancellation is not made on the basis that the accommodation or the Establishment does not accord with either the Booking or the information published or otherwise described through the VisitScotland Service: (i) we may charge your credit/debit card with a Late Cancellation Charge and, where successful, will pay that amount less a £4 administration charge to the Accommodation Provider; or (ii) where a Late Cancellation Charge is not or cannot be levied by us, we will pass your name and address to the Accommodation Provider to allow the Accommodation Provider to recover a Late Cancellation Charge from you direct.
3.2 Where you cancel a Booking, you acknowledge that we will in all circumstances be entitled to retain our Commission.
3.3 If the Accommodation Provider cancels a Booking at any time it will notify both you and us and we will use all reasonable endeavours to ensure that the Accommodation Provider promptly refunds to you all sums paid by you in relation to the Booking, including an amount equal to the Deposit.
3.4 If the Accommodation Provider cancels a Booking up to and including 28 days before the Latest Arrival Time, the Accommodation Provider will offer to you either a refund in accordance with Clause 3.3 or will arrange for you, at the Accommodation Provider's expense, accommodation of a comparable standard and in the same locality as that in the original Booking. If the alternative accommodation offered is of a lower value than the accommodation comprising the original Booking, the Accommodation Provider shall reimburse the difference to you if you accept the Accommodation Provider's offer of alternative accommodation.
3.5 If you do not take up any offer of alternative accommodation made by the Accommodation Provider under Clause 3.4, we may at our discretion make a compensatory payment to you in addition to the refund due by the Accommodation Provider under Clause 3.3, to reflect any additional expense or inconvenience suffered by you as a result of the cancellation.
3.6 Unless your Booking has already been cancelled in accordance with Clauses 3.1, 3.3 or 3.4, your failure to arrive for a Booking by 9pm on the first night of the Scheduled Stay will be treated as a cancellation made on 28 days or less notice in accordance with Clause 3.1 and a Late Cancellation Charge will be made in accordance with Clause 3.1. If the Accommodation Provider chooses to re-let the accommodation and you arrive prior to that 9pm deadline, a double booking will be deemed to have occurred in accordance with Clause 4.1.
3.7 If you anticipate that you will fail to arrive for a Booking by the 9pm deadline specified in Clause 3.6, you should notify the Accommodation Provider directly. If you agree an alternative arrival time with the Accommodation Provider, that alternative time will replace the 9pm deadline specified in Clause 3.6.
3.8 Notwithstanding Clause 3.9, if after arrival you fail to stay and pay for the full duration of your Booking, the Accommodation Provider will, if it so wishes, be entitled to recover from you an amount as reimbursement for revenue lost as a result of the accommodation sitting empty. The amount charged will be determined by the Accommodation Provider in each situation but will not exceed the balance of the Total Price payable for the Booking (ie the Total Price less the 10% paid by way of your Deposit).
3.9 If an Accommodation Provider wishes to charge a cancellation charge greater than the Late Cancellation Charge it will have to make you aware of the level of the charge and the payment requirements at the time that you make your Booking.
4 Unfulfilled Bookings
4.1 Where a Double Booking occurs, we will use all reasonable endeavours to ensure that the Accommodation Provider will either: (i) allocate the Double Booked accommodation to you; or (ii) only with your consent, arrange alternative accommodation of a comparable standard. Where you are unable to be accommodated due to a Double Booking, we will repay to you that part of any sums paid by you to date which relate to the Double Booked accommodation.
4.2 Where, with reasonable justification, you cancel a Booking on the basis that the accommodation or Establishment does not accord with the Booking or the information published or otherwise described through the VisitScotland Service, we will use all reasonable endeavours to ensure, with your consent, that the Accommodation Provider arranges alternative accommodation equal to or better than the standard originally booked and we will repay to you that part of any sums paid by you to date which relate to the cancelled Booking.
5. Booking alterations
5.1 If you wish to alter a Booking, you must do so by contacting the VisitScotland Contact Centre. We will use all reasonable endeavours to accommodate a request to alter a Booking. A charge of £5 (inclusive of VAT) will be made by us to your credit/debit card for any alteration made to a Booking. Except in the circumstances described in Clause 5.2 below, where the alteration requested results in a change in the Total Price of the Booking, the amount of Commission due from you will be adjusted to 10% of the Total Price of the altered Booking and your credit/debit card will be charged or credited accordingly.
5.2 In the event that the alteration to your Booking involves reducing the quantity or size of accommodation that you have booked, the quantity or size that the Booking has been reduced by will be deemed to be cancelled and we will retain our Commission for the quantity or size of accommodation originally booked in accordance with Clause 3.2.
5.3 Where your request to alter a Booking cannot be met, we will give you the option either: (i) to let the Booking stand unaltered; or (ii) to treat the Booking as being cancelled in accordance with Clause 3.1.
5.4 Where a request to alter a Booking is made up to and including 28 days before the Latest Arrival Time and the request cannot be met, resulting in a cancellation, a Late Cancellation Charge will automatically apply.
Any complaint you have relating to the Accommodation Provider or its Establishment should in the first instance be made to the Accommodation Provider at the time of your stay. If your complaint is not dealt with to your satisfaction, you should refer the complaint to us, and it will then be handled in accordance with our complaints process.
7.1 Subject to Clause 7.3, in no event will we be liable to you, in contract, delict (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for any loss of profit, business, contracts, revenues or anticipated savings, increased costs or expenses, special, indirect or consequential damage or loss howsoever arising out of a Booking.
7.2 Our total liability to you in respect of any costs or losses directly associated with any Booking shall in no circumstances exceed an amount equal to the total sums paid by you to us in relation to that Booking.
7.3 We shall have no liability for the Accommodation Provider's negligence or failure to meet its obligations in relation to the Booking.
7.4 Nothing in this Clause 7 shall seek to limit or exclude our liability to you for death or personal injury caused by our negligence.
8. Data Protection
8.1 Please note that when giving information for the purposes of making your Booking, you will be deemed to consent to us holding, using and making that information available to Accommodation Providers and our agents and subcontractors for the purposes of attempting to make/making a Booking on your behalf and subsequently meeting our obligations set out in these terms and conditions.
8.2 When giving information for the purposes of making your Booking, you will be asked to provide your express consent to us holding and using that information to send you details of selected tourism businesses, products and services that we think you will find valuable and passing your details to selected third parties involved in the tourism industry. If, after giving such consent, you no longer wish your information to be used in that way, please contact us, giving your name and address: (i) by post to VisitScotland, Ocean Point One, 94 Ocean Drive, Edinburgh, EH6 6JH or (ii) by e-mail to email@example.com; or (iii) by telephone on 0845 22 55 121.
8.3 We may record telephone calls made between you and the VisitScotland Contact Centre for the purpose of processing Bookings, conducting internal training and providing evidence in the event of a dispute, and you will be deemed to consent to such recording by communicating with the VisitScotland Contact Centre by telephone.
9.1 We provide the VisitScotland Service in association with Accommodation Providers.
9.2 These terms and conditions, together with the details of a particular Booking constitute the entire agreement between you and us in relation to that Booking. Nothing in this Clause shall exclude the liability of either party for fraud or fraudulent misrepresentation.
9.3 In the event that the whole or any part of a provision may prove to be illegal or unenforceable, the other provisions of these terms and conditions and the remainder of the provision in question will remain in full force and effect.
9.4 Unless otherwise stated, VAT is chargeable on the sale of all goods and supply of all services which are subject to VAT, whether supplied to you by us or the Accommodation Provider.
9.5 The construction, validity and performance of the Booking and these terms and conditions shall be governed by the law of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts in as far as permitted by law.
"Accommodation Provider" means the person or other legal entity providing the accommodation/services that you have selected for your Booking;
"Booking" means a booking for accommodation and/or services selected by you using the VisitScotland Service;
"Double Booking" means that the accommodation making up your Booking is not available because another person has been booked to stay there for all or part of your Scheduled Stay, the term "Double Booked" being construed accordingly;
"Commission" has the meaning attributed to that term in Clause 2.1;
"Deposit" has the meaning attributed to that term in Clause 2.1;
"Establishment" means the establishment at which your accommodation is booked;
"Late Cancellation Charge" means an amount equal to 90% of the Total Price;
"Latest Arrival Time" means 9pm local time on the first day of your Scheduled Stay;
"Scheduled Stay" means the period covered by your Booking;
"Total Price" means the total charge for accommodation and/or services (including VAT) levied by the Accommodation Provider (including any Deposit) for the whole period covered by your Booking;
"us" and "we" means VisitScotland, and "our" means VisitScotland's;
"VAT" means value added tax;
"VisitScotland" means VisitScotland, which is a Non-Departmental Public Body set up under Section 6(1) of The Development of Tourism Act 1969;
"VisitScotland Contact Centre" means the contact centre that we operate as part of the VisitScotland Service and through which we facilitate bookings, cancellations and alterations of Bookings. The VisitScotland Contact Centre can be accessed by telephone on 0845 2255 121, by fax on 0131 625 8626 or by e-mail to firstname.lastname@example.org;
"VisitScotland Service" means the website and contact centre that we operate in order to facilitate the matching of booking enquiries and accommodation; and
"you" or "your" means the customer on whose behalf a Booking is made.