Standard Terms and Conditions of Service






Part 1. Price
(1) 'Price' means the price which has been quoted by Marshall's Signature Travel for the provision of the agreed tour or service by Marshall's Signature Travel. 
(2) Any tour or service will be priced in the domestic currency: Pounds Sterling (GBP). For the convenience of the client(s) the price may also be provided in their local currency but subject to the domestic currency. Marshall's Signature Travel is not liable for the accuracy of the price provided in local currency. 
(3) What is included in the price will be agreed between Marshall's Signature Travel and the client(s) and will be provided in the confirmation details. 
(4) The price is guaranteed provided no amendments are made to the itinerary by either the client(s) or Marshall's Signature Travel after the booking has been confirmed. Any amendments which are made will be charged accordingly. 

Part 2. Payment 
(1) An amount which is equal to twenty five per cent of the price is payable as deposit on confirmation of booking. 
(2) 'Deposit' means the amount payable in security, and as partial payment, for the tour or service. 
(3) The remainder of the price will be due no later than forty two days prior to the commencement of the tour or service. 
(4) Where the tour or service is booked up to forty two days prior to commencement payment will be due in full on confirmation of booking. 
(5) Payment conditions may be varied by written agreement only; any communication by electronic means which provides a durable record of the agreement shall be equivalent to writing. Variation of any payment term remains at the discretion of Marshall's Signature Travel and will be subject to payment of the price in full prior to the commencement of the tour or service. 

Part 3. Cancelation 
(1) Where the price is not paid in accordance with the conditions under Part 2, Marshall's Signature Travel reserves the right to cancel the tour or service and forfeit the deposit. 
(2) Where the client effects the cancellation of the tour or service the deposit is forfeited. 
(3) Any cancelation must be notified to Marshall's Signature Travel in writing; any communication by electronic means which provides a durable record of the agreement shall be equivalent to writing. 
(4) Where notification of cancellation has been received by Marshall's Signature Travel prior to commencement of the tour or service, the following refund policy will apply:
(a) Up to forty two days before commencement - seventy five percent of price;
(b) Forty one - twenty eight days before commencement - seventy five percent of price;
(c) Twenty seven - fourteen days before commencement - fifty percent of price;
(d) Thirteen - zero days before commencement - zero percent of price.
(5) Marshall's Signature Travel reserves the right to cancel the tour or service in the event of an exceptional circumstance. The client(s) will be promptly informed and offered an alternative tour or service or full refund of all monies paid. 

Part 4. Tours and services 
(1) 'Client(s)' means all persons who enter into a contractual relationship with Marshall's Signature Travel and who will benefit from the tour or service provided by Marshall's Signature Travel. 'Participant(s)' means all persons participating in the agreed tour or service provided by Marshall's Signature Travel.'Guide' means the person who will provide the tour or service on behalf of Marshall's Signature Travel. 
(2) The participant(s) will abide by all reasonable direction given by the guide. 
(3) Any smoking or alcohol or illegal drug consumption will NOT be tolerated at any time in any vehicle owned by Marshall's Signature Travel. 
(4) The carrying of illegal drugs or weapons is forbidden in all vehicles owned by Marshall's Signature Travel. Where necessary, the police will be contacted. 
(5) The client(s) WILL notify Marshall's Signature Travel of any medical or other condition or requirement of any participant(s) which MAY affect participation prior to the commencement of the tour or service. Marshall's Signature Travel is NOT liable for any inconvenience or suffering as a result of failure to adhere to this term. 
(6) Marshall's Signature Travel reserves the right to terminate the tour or service if, in the reasonable opinion of the guide the participant(s) has or is likely to behave in a manner which is inappropriate or dangerous or if the participant(s) has or is likely to cause damage to property. It is the responsibility of the client(s) to pay for any damage which the participant(s) has caused. Marshall's Signature Travel will NOT be liable for any costs incurred by the participant(s) and will NOT pay any refund if the tour is terminated under this term. 
(7) It is the responsibility of the participant(s) to adequately prepare for the agreed tour or service. At the discretion of Marshall's Signature Travel certain guidance MAY be given with regard to weather conditions prior to the commencement of the tour or service. 
(8) It is the responsibility of the participant(s) to obtain current and adequate insurance which will cover personal injury, medical expenses, repatriation expenses, loss of or damage to luggage and contents of same, expenses associated with cancellation or curtailment of a tour or service and will cover any additional needs of the participant(s). All participants from overseas are required to obtain insurance which will cover accident and repatriation. 
(9) Marshall's Signature Travel will NOT be liable to refund any part of the tour or service price in the event of the participant(s) becoming ill and being unable to participate at any stage of the tour or service. 
(10) Marshall's Signature Travel will endeavour to provide the tour or service as planned but reserves the right to alter itineraries and to vary hotel accommodation. In the event of an alteration Marshall's Signature Travel will endeavour to offer an alternative of a similar standard. 

Part 5. Complaints
(1) The client(s) is advised to promptly inform Marshall's Signature Travel of any complaint which may arise; where possible, the participant(s) should inform the Guide. 
(2) The client(s) is advised to inform Marshall's Signature Travel of any complaint no later than 28 days of the tour or service end. 
(3)Marshall's Signature Travel will endeavour to resolve the complaint as diligently as possible and within a reasonable time. 

Part 6. Booking and Standard Terms and Conditions of Service 
(1) The client(s) must complete, sign and return the 'Booking Form' provided by Marshall's Signature Travel to Marshall's Signature Travel and must confirm acceptance of the 'Standard Terms and Conditions of Service' of Marshall's Signature Travel set out herein. 
(2) A subscribed booking form shall imply that the client(s) has read and accepted the 'Standard Terms and Conditions of Service' of Marshall's Signature Travel set out herein and that all participants have accepted the 'Standard Terms and Conditions of Service' of Marshall's Signature Travel set out herein. 
(3) The 'Standard Terms and Conditions of Service' of Marshall's Signature Travel set out herein shall not be held invalid by failure to complete the booking form prior to the provision of a tour or service. 
(4) The 'Standard Terms and Conditions of Service' of Marshall's Signature Travel set out herein shall be binding on all clients and participants. 

Part 7. Privacy and Data Protection
(1) This section applies to www.marshallsignaturetravel.com and governs data collection and usage. By using the Marshall’s Signature Travel website, you consent to the data practices described herein.
(2) Marshall's Signature Travel does not give, sell, trade, or rent your personal information to others. Marshall’s Signature Travel prides itself on protecting your privacy.
(3) Marshall’s Signature Travel collects personal information. This is used for the operation of the service; in order to maintain the quality of the service and to provide general statistics regarding use of our website and our services. We collect:
(a) Any information that you enter on our websites or online forms for products and services or that you volunteer in any other way. When entering information it is implied that you consent to Marshall's Signature Travel holding and using that information for provision of our services to you. Marshall's Signature Travel will keep this information for no longer than is required for the provision of our services to you. Data will subsequently be deleted;
(b) Certain information about your computer hardware and software. This includes your IP address, browser type, domain names, access times, and referring website addresses. Marshall's Signature Travel uses cookies to provide enhanced functionality and to analyse how visitors use the website, but it does not identify individual users. This data may be used to deliver customised content and advertising to customers whose behaviour indicates they are interested in a particular subject area.
(4) Marshall's Signature Travel may offer services in conjunction with or through ‘third parties’. If you provide your personal information in conjunction with a third party service, you will be advised at the point of collection who is collecting the information. Marshall's Signature Travel makes all reasonable efforts to ensure that data protection is complied with. It is your responsibility to satisfy yourself with third party data protection policies.
(5) Marshall's Signature Travel provides links to third party websites as a convenience to you. Marshall's Signature Travel advises that you take care when visiting third party websites. Third party websites have separate and independent data protection policies. Marshall's Signature Travel has no control of third party websites or their use of any personal information. Marshall's Signature Travel is not liable for the manner in which the third party website collect, use, disclose or otherwise deal with your personal information.
(6) Marshall’s Signature Travel secures your personal information from unauthorised access, use, or disclosure. Marshall's Signature Travel maintains reasonable administrative safeguards in an effort to protect against unauthorised access, use, modification, and disclosure. Marshall's Signature Travel strives to protect personal information. However, no data transmission over the Internet can be guaranteed; there are security and privacy limitations which are beyond our control.
(7) The Data Protection Act 1998 governs the collection, storage, use and disclosure of personal data, whether held electronically or in paper records. It applies to all persons who create, store, handle or view personal information that relates to any living individual who can be identified from that data. Under the Data Protection Act 1998 you have the right to:
(a) Make access requests to find out what information is held about you, the purposes for which it will be used, and to whom it has been disclosed;
(b) Prevent the processing of data which is likely to cause you substantial damage or substantial distress;
(c) Prevent processing for the purposes of direct marketing;
(d) Take action to require the rectification, blocking, erasure or destruction of inaccurate data which we hold about you.

Part 8. Liability and force majeure 
(1) Marshall's Signature Travel will take all reasonable measures to ensure that arrangements for the tour or service are made correctly and adequately.
(2) Marshall's Signature Travel is NOT liable for any disruption to the tour or service due to the act(s) or omission(s) of the client(s) or participant(s). 
(3) Marshall's Signature Travel is NOT liable for any damage, loss, expense or other sum(s) of any account including, but not limited to, loss of earnings which:
(a) Marshall's Signature Travel could not have reasonably foreseen the client(s) or participant(s) would endure or incur if Marshall's Signature Travel breached its contract with the client(s) or;
(b) has not resulted from a breach of the contract between the client(s) and Marshall's
Signature Travel or;
(c) has not resulted through the fault of Marshall's Signature Travel or its employees or other person under the responsibility of Marshall's Signature Travel.
(4) Marshall's Signature Travel undertakes to select goods and services which are reputable and of a high standard but any good or service provided by a third party(ies) in connection with the tour or service is subject to the terms and conditions of each individual good or service provider. 
(5) Marshall's Signature Travel is NOT liable for any disruption to the tour or service due to the act(s) or omission(s) of a third party(ies) which was not reasonably foreseeable. In particular, Marshall's Signature Travel is NOT liable for:
(a) the safety or roadworthiness of any equipment including, but not limited to, motorised and non-motorised vehicles which are the responsibility of a third party(ies) and to which the participant(s) may have dealings for use of the equipment during the tour or service; it is the responsibility of the participant(s) to ensure the safety of all equipment provided by a third party(ies);
(b) the safety and wellbeing of the participant(s) who undertakes self-led activities or activities which are provided by a third party(ies).
(6) Marshall's Signature Travel is NOT liable where the performance of its obligation is prevented or affected by force majeure; 'Force majeure' means any event which Marshall's Signature Travel could not foresee or avoid even through the exercise of due care; Such events may include loss, inconvenience or damage caused by war, threat of war, riot or civil strife; terrorist activity; industrial disputes; natural or nuclear disaster; fires; adverse weather conditions; temporary, technical, mechanical or electrical breakdown of transport or any facilities contained within agreed accommodation and all similar events beyond the reasonable control of Marshall's Signature Travel. 

Part 9. Law and Jurisdiction 
These Standard Terms and Conditions of Service set out herein and any contract to which they apply shall be governed wholly and exclusively in accordance with Scots law. The Courts of Scotland, including arbitrators, shall have exclusive jurisdiction to determine all matters, disputes and conflicts arising in connection with these Standard Terms and Conditions of Service set out herein and any contract to which they apply including the servable issues of jurisdiction and validity.
 
Last updated: 20 March 2013


Marshall's Signature Travel

Scotland Ltd.

© Marshall's Signature Travel Scotland Ltd., 2011.

Registered Office: 20 Back Lebanon, Cupar Fife - KY15 4JW

Tel:(+44) 07854 865 046

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