Business Terms & Conditions

You must read and agree to these before completing a booking. Remember that your holiday is a contract between you and Wild at Art Ltd. These Conditions (“Conditions”) include important information and set out contractual terms and conditions which apply to bookings you make with Wild at Art Ltd. These Conditions do include some limitations and exclusions of liability. You should therefore read them carefully. We reserve the right at any time before a booking is accepted, to withdraw or change these Conditions.

1. Definitions and Interpretation

In these Conditions:- “Wild at Art” means Wild at Art Limited, a company incorporated in Scotland with registered number SC423637 and having its registered office at 2b Lion Well Wynd, Linlithgow EH40 “we”, “us” and “our” shall refer to Wild at Art; “you” means the person engaging Wild at Art to provide the Service; “Service” means the holiday booking and advice service provided by Wild at Art and/or its nominated sub-contractors and suppliers. The singular includes the plural and vice versa, and reference to one gender includes all the genders.

2. Making a Booking and Payment

1. Your chosen holiday will be reserved by Wild at Art for you, pending receipt of your completed booking confirmation and required deposit of £300 unless advised otherwise at time of booking.

2. All bookings for holidays are accepted subject to these Conditions to the exclusion of any conditions introduced by you. No variation of these Conditions shall apply unless with our express written consent.

3. Submission of any booking to us shall be deemed to be an offer by you to purchase the Service detailed in the booking, subject to these Conditions to the exclusion of any other terms or conditions except those expressly agreed by us in writing.

4. If you submit a booking eight weeks or more prior to your planned travel date commencing the holiday (“Departure Date”), then you will pay us the deposit. You may make this deposit payment by PayPal or direct payment into our account, but we will not be obliged to treat your payment as made until we are in cleared funds. You will pay the balance no less that eight weeks prior to the Departure Date, failing which we shall be entitled to cancel your booking, terminate the contract between you and us, and retain the deposit paid.

5. If you submit a booking less than eight weeks prior to your Departure Date, you shall pay the full amount of the total cost of the Service booked by you at the same time as you submit your booking.

6. Although we will endeavour to pass any reasonable requests on to the relevant supplier of elements of the Service, we regret that we cannot promise that any request will be complied with unless we have specifically confirmed this in writing. Confirmation that a special request has been noted or passed on to the supplier, or the inclusion of the special request on your confirmation or any other documentation, is not confirmation that the requests will be met. Unless, and until specifically confirmed, all special requests are subject to availability.

7. The person who makes the booking or represents themselves as making the booking is responsible for full payment to us for the price of the holiday (including cancellation charges) and warrants that they are properly empowered to enter into a contract on behalf of, and with the consent of, all persons for whom the booking is completed.

3. Prices

1. All holidays and prices are in £ pounds sterling.

2. Prices in other currencies quoted on our website or advertising material are for guidance only and are not binding.

3. It may be necessary to charge you Value Added Tax (VAT) where there is a change in the applicability or the rate, over which we have no control. If so, you agree to pay VAT in addition to the quoted price.

4. Our Responsibilities

1. Where we are liable to you for the non-performance or improper performance by air, sea or rail carriers or hoteliers we shall only pay you up to the amount you can validly recover against such carrier or hotelier either under any domestic law or the laws of the United Kingdom, or under the international conventions that govern such services.

2. If we or our sub-contractors or the service or accommodation providers we have booked for you become unable to provide a significant proportion of a holiday after it has commenced, we will make suitable alternative arrangements for you at no extra charge to you, or, alternatively, arrange for you to be returned to your point of departure and to receive a pro-rata refund for any holiday services not received.

3. Due to circumstances beyond our control, it may be necessary to change or cancel your holiday arrangements, in which case you will be notified and offered an alternative of the same or higher standard. You can accept the changed arrangements, purchase another holiday or cancel in full, in which case you will receive a full refund of any monies paid.

4. We cannot accept any liability for any changes to or withdrawal of service or accommodation provider facilities, where the service or accommodation provider has not previously notified us of these changes.

5. To the fullest extent permitted by law, we exclude any and all liability to you for any loss, injury, damages, costs and/or expenses (including without limitation legal expenses) incurred by you or any other person as a direct or indirect result of any failure, act or omission by us, our employees, agents and sub-contractors whatsoever.

6. Nothing in these Conditions shall exclude liability for death or injury caused by our negligence or misrepresentation.

7. Please note that we cannot accept any liability for any change, loss, expense, or other sums of any description which:

• on the basis of information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or

• is derived directly or indirectly from any act or omission by you or members of your group of travellers, or from your breach of any of these terms and conditions; or

• did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or sub-contractors. Additionally we cannot accept liability for any business losses.

5. Your responsibilities

1. It is important that you advise us if you are a smoker or intend to take any pet or animal with you. Accommodation providers may impose specific conditions or restrictions or extra charges in these cases. On request we will provide you with the relevant information on these for each service or accommodation provider. Payment for such services or special requirements should be made directly to the service or accommodation provider and are in addition to the price quoted to you by us.

2. Where car parking and leisure facilities are available there may be an additional charge for these services, and leisure facilities may not always be in the same building as your accommodation. Please note that car parking may be quite limited at certain service or accommodation providers.

3. Airport service or accommodation providers offering car parking may use additional off-site parking facilities at peak times. Cars are left at the owners own risk. Wild at Art accepts no liability for either theft or damage to vehicles parked in service or accommodation provider or off-site car parks.

4. Please note that upon arrival at your service or accommodation provider you may be asked for a credit card number, imprint or cash deposit to cover any additional expenses included in your stay.

5. Accommodation or other Services which form part of your booking may only be used by the persons specified in the booking. Sub-letting is not permitted. You must observe the rules of the service or accommodation provider (if any) relating to the accommodation and/or services and must use them, engage in them and vacate them in accordance with the service or accommodation provider in question’s rules which will be explained to you on your arrival.

6. You shall behave responsibly throughout your holiday and in particular, must not do or permit to be done anything which might lead to damage to any property, injury to any person, or vitiation of any contract of insurance. You will use, occupy and enjoy the accommodation provided as part of your holiday with due care and in a proper manner without allowing the accommodation to become unreasonably soiled. No items, fixtures or fittings shall be removed from the accommodation or left outside at any time. You will be responsible for the cost of repairing or replacing any lost, broken or damaged items, including lost keys.

7. You will indemnify Wild at Art for any liability, loss, damage, costs and expenses incurred by Wild at Art as a result of your acts and omissions whilst on holiday, or as a result of your breach of these Conditions

6. If you change or cancel your holiday

1. If you want to change or cancel your holiday, you must do so in writing and it must be signed by the same person who made the booking for the holiday. It will only be effective on the date of receipt by us and we recommend that it is sent to us by First Class Recorded Delivery, or by email to [email protected] Cancellations sent to any other parties shall not be effective. Verbal cancellations will not be accepted.

2. We cannot guarantee that any requests for amendments will be satisfied. However, if you wish to make any alteration to your booking (including a transfer of your booking to another person) after it has been accepted by us, we will try to accommodate your requirements, subject to availability.

3. Should you wish to cancel your holiday after your booking has been accepted by us, then we will impose the following charges which depend on how much notice is given before the commencement of the holiday itself:

i. More than 60 days or 8 weeks prior to commencement of the holiday: the deposit;

ii. From 60 to 30 days prior to commencement of the holiday: 60% of holiday cost;

iii. From 30 to 7 days prior to commencement of the holiday: 80% of holiday cost.

4. If, however, the cancellation is received by us on or within 7 days of the date on which the holiday is due to commence, no refund will be made.

5. If you have taken out travel insurance you may be able to make a claim under the cancellation section of your policy, subject of course, to the terms of the policy

7. Special cancellation terms.

If we draw special cancellation terms to your attention prior to the conclusion of the contract between you and us, then they will apply in place of the cancellation terms set out above.

8. Cancellation by us due to low participation

Our holidays will run with a minimum number of participants as stated on the respective product page. We reserve the right to cancel the holiday if there is not enough demand up to 8 weeks prior to departure. We will refund all monies paid, but accept no liability for any consequential loss whether direct or indirect which may be suffered as a result of the cancellation. For this reason please be sure to have your own travel insurance.

9. Force Majeure

Notwithstanding the other terms of these Conditions, we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of war, riot, industrial dispute, terrorist activity, civil strife, natural or nuclear disaster, fire, adverse weather conditions, rising or falling water levels, closure of locks, perils and dangers of the sea, technical or maintenance problems to transport (in particular the inability of a ship to sail or an airplane to fly), closure of airports or seaports or other unforeseen circumstances that may amount to force majeure. Routings and itineraries can be affected by adverse weather, road closures or other reasons and may be varied accordingly. We shall use our reasonable endeavours to advise you of these changes as soon as we are aware of them.

10. Visas and Passports

If you are travelling from outside the UK, it is your responsibility to ensure that you comply with all applicable requirements regarding passport, visa and health requirements and take with you all documents required for your holiday. We will not be liable for any failure by you to discharge these responsibilities and you agree to reimburse us for any costs we incur as a result of such failure on your part.

11. Health

If you are not a UK citizen, you should seek your own guidance prior to booking the holiday to ensure that you are aware of any appropriate health requirements for the area you are travelling to. If you are travelling from another EU member state, it is your responsibility to make provision for reciprocal access to NHS services during your holiday in the UK.

12. Holiday and Travel Insurance

We strongly recommend that you take out full insurance covering risks such as cancellation or delay.

13. Data Protection

Please view our privacy statement.

14. Complaints

Wild at Art hope that you will have a trouble free and enjoyable holiday but we recognize that things can and do occasionally go wrong. Any complaint must first be notified as soon as possible (and no later than 48 hours of the basis for complaint arising) to the supplier of the services concerned. If you are still dissatisfied, you must then notify Wild at Art at the earliest opportunity and also write within 7 days of returning from your holiday to the Customer Relations Manager at the address below and they will do what they can to resolve your disputes. Except in relation to claims, which involve personal injury, illness or death, Wild at Art regret that we cannot accept any liability if you fail to notify the complaint or claim entirely in accordance with this clause.

15. Distance Selling Regulations

As we are providing you with a service, we notify you that your right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 shall not apply once we have started to provide the Service to you, which shall be deemed to be when we first book accommodation or services for you or your holiday.

16. General

1. Please note that if any part of these Conditions is found to be invalid or unenforceable, then the remainder of the Conditions will not be affected but will remain valid and enforceable.

2. Wild at Art has the right to terminate the contract between you and us in the event of your breach of the Conditions, by giving you notice in writing to your address last supplied to us.

3. These Conditions represent the entire agreement between yourself and Wild at Art and no alteration to these Conditions shall have effect unless with our express written consent.

4. These Conditions, and all disputes between Wild at Art and yourself will be governed by Scots law and will be subject to the jurisdiction of the Scottish Courts.

 

 

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