KIMBER BATTLEFIELD TOURS LIMITED

Booking Terms and Conditions

Abbreviations and meanings
For the purposes of these booking conditions terms such as ‘us', ‘we' and ‘our' shall mean Kimber
Battlefield Tours Limited (a company incorporated in Scotland under the Companies Acts
(company number SC343379)) and having its registered office at Wemyssfield House,
Wemyssfield, Kirkcaldy, Fife, Scotland, KY1 1XN  (hereinafter also referred to as
"Kimber")

‘Tour' refers to a tour conducted by us as set out on our website or in our
brochure from time to time.

The term ‘you' refers to the person making the booking. ‘Party' means those
persons travelling with you, on behalf of whom you are making the booking. 

‘Force Majeur' shall mean any event outside our control which prevents the prompt performance of our obligations, including (without limitation), war or threat of war, riot, civil strife, industrial disputes, terrorist activity, natural disaster, fire or adverse weather conditions, acts of God, as well as the illness or other incapacitation of Paul Trickett or Phil Adams (our principal tour organisers and guides).

In these terms and conditions the singular shall include the plural and vice versa and the masculine shall include the feminine where the context so requires

How to book

No contract is made between us and you and no booking is valid (and accordingly we shall have no obligations to you or the Party) until we have issued a confirmation invoice in writing to you ("Confirmation Invoice"). This Confirmation Invoice will be issued by us to you (if we accept your booking) after we have received a completed and signed booking form (or email from you setting out clearly which Tour you are booking), together with the appropriate booking deposit (which is currently £90 per person).  In paying to us the booking deposit you hereby accept these terms and conditions. We reserve the right to refuse to accept any booking at our sole discretion. Your booking is confirmed when we send to you a Confirmation Invoice (a "Confirmed Booking"). The deposit is not refundable unless we choose not to accept your booking.

The Confirmation Invoice, together with these terms and conditions shall form the basis of the contract between you and us.

You can also contact us by phone to make a booking and/or to seek clarification on any aspect of any Tour. We are committed to clearly explaining what is and what is not included in any tour you book, as well as outlining our tour itinerary.  

You may cancel your and/or a Party's place on a Tour within 7 days of receipt of your Tour Confirmation Invoice and receive a full refund (subject to the conditions outlined under ‘Cancellations' below).

Payment
Payments can be made either by credit card or by cheque or postal order.  Cheques/postal orders should be made payable to ‘Kimber Battlefield Tours Limited'.  All credit card payments are paid direct to this account (see Security of Payments below).

All payments must be made in GB Pounds Sterling (credit card payments for those living outside the UK are usually converted automatically).

Final balance

The full balance of the Confirmation Invoice is payable by you to us not less than 56 days (8 weeks) prior to your date of departure on a Tour. If the balance has not been paid by this time, we may cancel your booking and levy the cancellation charges set out below under ‘Cancellations'.

Security of Payments

We fully comply with the provisions of the Package Travel, Package Holidays and Package Tours Regulations 1992 (EEC Directive 90/314). In accordance with these regulations, all payments made to us, either as deposit or final settlement (including all credit card payments), are held in a separate trust account (HSBC Bank PLC, 76 Hanover Street, Edinburgh, EH2 1EL. Account Number: 93672638) and as such your payment cannot be released to us until the relevant Tour has taken place.  This regulation guarantees a full refund of all monies paid in the most unlikely event of us failing to provide the Tour booked.

Cancellations
By us

In the unlikely event of us having to cancel a Tour, for whatever reason, we will inform you as soon as possible and provide you with a refund less the deposit of funds paid by you. Unless otherwise agreed we require a minimum of 10 persons to make up a Tour. Should this number not be met we agree to tell you not less than 28 days ahead of the Tour date.  You will have the choice of accepting either an alternative Tour or having an immediate full refund of all monies paid (including deposit). Provided that we comply with this booking condition, we will not be liable for any breach of contract or claim that may arise as a result of any inconvenience suffered by you.

By you

All cancellations by you must be made in writing to us and must be received from and signed by the person to whom the Confirmation Invoice was sent. The date of receipt by us (and not the date of your letter) of your cancellation notification is the date used by us in determining cancellation charges payable by you.

If the cancellation notification is received more than 56 days before the departure date of the booked Tour, only the deposit is forfeited by you.

If the cancellation notification is received less than 56 days before the departure date of the  booked Tour the following scale of cancellation charges shall apply (relative to date of departure):-

56 - 28 days                   30% of Tour price shown on the Confirmation Invoice

27 - 8 days                    70% of Tour price shown on the Confirmation Invoice

7 days or less                100% of Tour price shown on the Confirmation Invoice

Alterations to your Confirmed Booking

You may substitute another person in the place of any of your group at no extra charge, should you or any member of your group be unable to come on a Tour. We reserve the right to charge you an administration charge of £30 per change in relation to any other alterations you wish to make to your booking within 56 days of departure of a Tour.

Abandonment of your Holiday

If you choose, in the course of your holiday, to abandon the arrangements made by us on your behalf and instead to make your own arrangements, unless the Company is at fault and has been afforded the opportunity to rectify the situation, the Company accepts no liability and no refunds will be made in relation to the services you choose not to take.

Travel Insurance

It is a condition of booking that you and those in your party must be adequately insured (such cover should include, without prejudice to the foregoing generality, travel in Europe, medical cover and repatriation to your country of residence). You confirm by remittance to us of the final payment in respect of your Confirmed Booking that every member of your Party has adequate insurance cover.

Delay

In the event of a delay of over five hours returning to the UK, we will provide you with a light meal. If for unforeseen circumstances an overnight stay is required due to delay, we will meet the cost for one night's accommodation. We have full Public Liability Insurance through our insurers and a copy of this insurance policy is available on request.

Dangers

Even today, battlefields can be inherently dangerous places (for example old munitions are unearthed every year). Every Tour group is briefed on safety protocols before going on to the battlefields and everyone should be vigilant whilst taking part in a Tour. We may ask you to confirm in writing during the Tour that we have given you our health and safety briefing. Whilst we will do everything within our control to ensure the safety of the group on a Tour, we cannot take responsibility for any injury sustained as a result of failing to heed advice given, or any act of stupidity or wilful act of negligence.

Tour Party Size
Tour parties will be limited to a maximum of 12 persons unless by special arrangement and agreement.

Passports and Travel Documents

You must ensure that you and all members of your Party are in possession of a valid passport and travel documents necessary for the destination of the Tour. We will not be liable for the consequences of any failure to comply with this important requirement and refunds will not be made in result of your failure.

Transport
We only use reputable and bonded coach companies for our tours, all of whom have to comply with EU regulations for coaches operating in Europe. You will be subject to the conditions of the coach company's conditions of carriage, which apply to each individual coach company. Copies of the applicable coach company's conditions of carriage can be made available for you to see and review on request.

Pick-up Points
For the majority of our Tours we will offer you at least two pick-up location options, these locations usually being central London (Victoria), and the M20 Maidstone Services. Equally, arrangements can be made to pick up on the journey to the starting point by prior arrangement. The Jacobite Tour's pick up location is central Edinburgh. Your pick up point will be confirmed on your Confirmation Invoice.  

Accommodation
We use minimum three star hotels either on or very close to the battlefield(s) we will visit on a Tour so as to maximise time on the battlefield. All Chateau/hotel rooms have en-suite facilities unless otherwise stated. You will not be expected to share accommodation with other persons who are not part of your Party.

Meals
Unless otherwise stated your Tour cost includes Dinner Bed and Breakfast together with packed lunches whilst in Europe, as well as museum fees. If you wish to eat elsewhere in the evening or choose not to join the group you will be responsible for meeting the costs of your evening meal.

Smoking

You and all members of your Party are respectfully requested not to smoke in any vehicle or at any other time in the close proximity of any of our other customers. Smoking hotel rooms may be available subject to prior notification being given at the time of your booking.

Tour Itinerary

The Tours featured on our website and in our brochures are planned many months in advance and amendments do occasionally become inevitable. We will only inform you if any necessary change or variation is in our view material.

Please note that any Tour itinerary is flexible and may be subject to change and/or variation according to prevailing circumstances, or to accommodate the particular wishes (within reason) of members of the Tour party. Often we are able to include additional sites of interest to those shown in the itinerary (time permitting). Please let us know if you have any particular request at the time of booking and we will endeavour to meet your request if possible.

Disruptive Behaviour

Client(s) behaving in a disruptive manner may, after warning and at our sole discretion be required to leave the Tour or hotel premises without recompense for termination of their Confirmed Booking. Under such circumstances we shall not be liable for any additional costs (e.g. your and or your Party's alternative travel, accommodation etc), nor will we refund you and/or your Party for our termination of your Confirmed Booking.

Special Requirements

Please note that the nature of the Tours means that you are required to walk various distances over steep or broken terrain, climb steps and stairwells and get on and off coaches. If you have any concerns about your ability to partake please call us to discuss your concerns before making a booking; it maybe that we can make special arrangements to meet your requirements on a one off basis. We may need to charge more to create such a bespoke tour for you.

It is also important that we have advanced notification of any cemetery, memorial or other battlefield location that you may wish to visit (and not already included in the itinerary) as it may be possible, at the discretion of Kimber, to make a small diversion to our usual Tour route to cater for such requests.

Clothing

Please bring wet weather clothing just in case, as we will be out and about in all weathers. A sturdy and comfortable pair of walking shoes would also be useful.

Complaints
Any complaint about our failure to fulfil our commitment to you, or the inadequate performance of our contract with you, should be made not more than 28 days following the end of your Tour to our registered office address.

These terms and conditions and all other express terms of the contract shall be governed and construed in accordance with the Laws of Scotland. The Scottish courts shall have exclusive jurisdiction in respect of any dispute in respect of these terms and conditions.