At Highland Yaks we aim to do everything we can to make sure that your experience with us is as safe and pleasurable as possible. To ensure that you know what your responsibilities and our responsibilities are when using our services, please read the following Terms and Conditions. If you have any questions about the Terms and Conditions please contact us before making a booking with us.
HIGHLAND YAKS – TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms and Conditions, this is what they will mean:
Event Outside Our Control: has the meaning given in Clause 9 below;
Order: your order to Us for Services (whether placed online, by telephone, in person or otherwise);
Order Confirmation: the written confirmation of your Order issued in accordance with Clause 2.3 below;
Services: the services of client(s) and/or equipment transportation in Our motor vehicle(s), as set out in the Order Confirmation;
Terms and Conditions: the terms and conditions set out in this document;
We/Our/Us: Highland Yaks, 185 Dalnabay, Aviemore, PH22 1TD;
Working Day: a day other than Christmas Day.
1.2 In these Terms and Conditions, words referred to in the plural will include the singular, and words referred to in the singular will
include the plural.
2. OUR CONTRACT WITH YOU
2.1 These Terms and Conditions are the terms and conditions on which We supply Services to you. By placing an Order you are acknowledging that you have read the Terms and Conditions and agree to them.
2.2 When you place an Order (whether that be online, by telephone, in person or otherwise), that does not mean that We have accepted your Order. Our acceptance will take place as described in Clause 2.3 below. If We are unable to supply you with the Services for which you have placed an Order, We will inform you of this and We will not process your Order and We will refund any payment that you have made in respect of your Order.
2.3 These Terms and Conditions will become binding on you and Us when We contact you to tell you that We accept your Order, at which point a contract will come into existence between you and Us. We will provide you with a written Order Confirmation. You must carefully check the details on the Order Confirmation and inform Us immediately if there is any discrepancy between that and your Order. We will not be liable for the consequences of any discrepancy if you fail to do so.
2.4 The contract for your Order will consist of:
2.4.1 the Order Confirmation; and
2.4.2 these Terms and Conditions.
2.5 We are not obliged to accept any Order.
3. CHANGES TO THESE TERMS AND CONDITIONS AND TO YOUR ORDER
3.1 We may revise these Terms and Conditions from time to time. The version of these Terms and Conditions in force at the time you place an Order will apply to the contract for that Order.
3.2 With the exception of changes to your Order which are expressly permitted by these Terms and Conditions, any changes which you wish to make to your Order after it has been accepted by Us will only be made if We in Our discretion agree to the changes, and additional charges may be payable by you. We will notify you what those additional charges will be and obtain your prior agreement before those additional charges are incurred.
4. PROVIDING SERVICES
4.1 We will endeavour to provide you with the Services in accordance with the dates and times detailed in the Order Confirmation (if any), but in the case of the Services of the client and/or equipment transportation in Our motor vehicle(s) – see Clauses 5. 8 and 5.9 below.
There may be delays in performance of the Services due to an Event Outside Our Control. See Clause 9 below for Our responsibilities when an Event Outside Our Control happens.
4.2 If you do not pay Us for the Services when payment is due as set out in Clause 7 below, We may:
4.2.1 cancel the contract for your Order; or
4.2.2 suspend the Services with immediate effect until you have paid Us the outstanding amounts.
5. YOUR RESPONSIBILITIES
5.1 You undertake to Us that all of the information you have provided, or will provide, to Us in connection with your Order and the Services is true and accurate.
5.2 You undertake to indemnify Us against any actions, proceedings, claims, demands, costs, expenses, interest, fines, or damages arising directly or indirectly from any breach of any of your obligations or undertakings under these Terms and Conditions.
5.3 We recommend that you obtain suitable insurance covering the period you be travelling with us, including for the risk of your having to cancel your trip, damage to or loss of your property, and personal injury.
5.4 Clauses 5.5 to 5.9 (inclusive) below will only apply if the Services include client transportation in Our motor vehicle(s).
5.5 You undertake to Us that you, and any passenger for whom you have ordered transportation, will not smoke in Our motor vehicle(s), will behave in a safe and responsible manner during any journey in Our motor vehicle(s); and comply with any instructions given by the driver of Our motor vehicle(s) in relation to health and safety during any journey in Our motor vehicle(s).
5.6 Our motor vehicle(s) is/are constructed and licensed to carry a specific number of passengers (8) and you accept that under no circumstances will We permit the number of passengers on any journey to exceed that number.
5.7 In the event of Our motor vehicle(s) being soiled or damaged by you and/or any passenger for whom you have ordered transportation (including but not limited to as a result of intoxication), you will be liable to Us for the cost of any cleaning and/or repair of Our motor vehicle(s) which We deem necessary (including without limitation a fee for any cleaning or repair works which are carried out by Us).
5.8 You accept that We do not guarantee Our motor vehicle(s) will perform any journey within a certain period of time and that We accept no liability for any form of any delay, detention or breakdown in relation to Our motor vehicle(s) unless arising directly from our deliberate action or our negligence.
5.9 You understand Our drivers have complete discretion as to the suitability of any road or location for Our motor vehicle(s) to enter or travel through and that We accept no liability, if any, that Our motor vehicle(s) is/are unable to complete a journey due to the unsuitability of a road or location; also that We reserve the right to sub-contract a vehicle from another taxi or private hire operator for your journey.
6. IF THERE IS A PROBLEM WITH THE SERVICES
6.1 In the event that you experience any problem with the Services, please contact Us and tell Us as soon as possible.
6.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
7. PRICE AND PAYMENT
7.1 The price of the Services will be confirmed by Us before you place an Order. That price excludes any additional charges which may become payable by you.
7.2 Our prices may change at any time, but price changes will not affect Orders that We have already accepted in accordance with Clause 2.3 above.
7.3 For client and/or equipment transportation in Our motor vehicle(s), on the date specified in the Order Confirmation.
The price will be non-refundable save in the circumstances detailed in Clauses 2.2, 11.1, 11.2.
7.4 We accept payment by cash, bank transfer (Account 00684287 Sort Code 83-18-53), or cheque made out to our business name “Adventure Transport” and will only be deemed to have been made by cheque once the payment concerned is received as cleared funds in Our bank account.
7.5 Additional charges may be payable by you if changes are made to your Order in accordance with Clause 3.2 above.
8. OUR LIABILITY TO YOU
8.1 Subject to Clauses 8.2 to 8.5 (inclusive) below, if We fail to comply with the contract for your Order, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by you and Us at the time we entered into the contract for your Order.
8.2 Subject to Clause 8.4 below, We will under no circumstances whatever be liable to you (whether in contract, delict (including negligence), breach of statutory duty, or otherwise) for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract for your Order.
8.3 Subject to Clause 8.4 below, Our total liability to you in respect of all losses arising under or in connection with the contract for your Order (whether in contract, delict (including negligence), breach of statutory duty, or otherwise) will in no circumstances exceed double the price payable by you in relation to your Order.
8.4 We do not exclude or limit in any way Our liability for:
8.4.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; or
8.4.2 fraud or fraudulent misrepresentation; or
8.4.3 any other matter for which it would be unlawful for Us to exclude or limit or attempt to exclude or limit Our liability.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the contract for your Order that is caused by an Event Outside Our Control.
9.2 An Event Outside Our Control means any act or event beyond Our reasonable control. This includes (without limitation) strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, roads or access impassable due to snow, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under the contract for your Order:
9.3.1 We will contact you as soon as reasonably possible to notify you; and
9.3.2 Our obligations will be suspended and the time for performance of Our obligations will be extended for the duration of the Event
Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.
9.4 We may cancel the contract for your Order if the Event Outside Our Control continues for longer than two weeks in accordance with Our cancellation rights in Clause 11.1 below. Your right to cancel the contract for your Order in the event of an Event Outside Our
Control is detailed in Clause 10.2 below.
10. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
10.1 You may cancel the contract for your Order with immediate effect by giving Us written notice if We breach the contract for your Order in any material (serious) way and We do not correct or fix the situation within a reasonable period of you asking Us to do so in writing. In the event of such cancellation, you will receive a refund of the price paid for any Services which you did not receive.
10.2 You may cancel the contract for your Order by giving Us written notice if due to an Event Outside Our Control the performance of Our obligations under the contract for your Order is suspended for longer than two weeks. In the event of such cancellation, you will receive a refund of the price paid for any Services which you did not receive.
10.3 Cancellation of the contract for your Order will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of cancellation, including (without limitation) the right to claim damages in respect of any breach of the contract for your Order which existed at or before the date of cancellation.
11. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 We may have to (and shall be entitled to) cancel the contract for your Order due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. If this happens:
11.1.1 We will promptly contact you to let you know;
11.1.2 if you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you; and
11.2 We may cancel the contract for your Order at any time with immediate effect by giving you written notice if:
11.2.1 you do not pay Us when payment is due as set out in Clause 7 above; or
11.2.2 you breach the contract for your Order in any other material (serious) way which either:
cannot be corrected or fixed; or is capable of being corrected or fixed but has not been corrected or fixed within the reasonable period of time stipulated by Us when We asked you to correct or fix the breach; or
11.2.3 acting reasonably We believe that you or any other person who is travelling in Our motor vehicle(s), is not in a condition fit for compliance with these Terms and Conditions; or
11.2.4 acting reasonably We believe that the safety of any person and/or the condition of any of Our equipment and/or Our motor vehicle(s) are endangered, and in the event of such cancellation, you will not be entitled to any refund of the price you have paid.
11.3 Cancellation of the contract for your Order will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of cancellation, including (without limitation) the right to claim damages in respect of any breach of the contract for your Order which existed at or before the date of cancellation.
12. INFORMATION ABOUT US AND HOW TO CONTACT US
12.1 We are a joint venture business established in Scotland. Our address is 185 Dalnabay, Aviemore, Scotland, PH22 1TD
12.2 If you have any questions or if you have any complaints, please contact Us by telephoning +44 7704 987325 or e-mailing firstname.lastname@example.org or by post at Highland Yaks, 185 Dalnabay, Aviemore, PH22 1TD.
12.3 If you wish to contact Us in writing, or if any Clause in these Terms and Conditions requires you to give Us notice in writing, you can send this to Us by hand, by pre-paid post, or by email to Highland Yaks, 185 Dalnabay, Aviemore, PH22 1TD or email@example.com. If We have to contact you or give you notice in writing, We will do so by hand, or by pre-paid post, or by email to the address you provide to Us with your Order. We may also contact you by telephone using any number you provide to Us with your Order.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION AND YOUR PHOTOGRAPHS
13.1 We will only use the personal information you provide to Us:
13.1.1 to provide the Services;
13.1.2 to process your payment for the Services;
13.1.3 to contact you by email for feedback on Our Services; and
13.1.4 as stipulated in Clause 13.2 below.
13.2 You agree that We may use any photographs that you provide to Us on any website operated by Us and in Our marketing materials for no charge. You warrant to Us that you own the copyright in any such photograph and obtained the consent of anyone featured in such photograph. If you request, We will include a credit to you as the copyright owner in any use by Us of any such photograph.
14. OTHER IMPORTANT TERMS
14.1 We may transfer Our rights and obligations under the contract for your Order to another organisation, and We will always notify you in writing if this happens.
14.2 You may only transfer your rights or your obligations under the contract for your Order to another person if We expressly agree in writing.
14.3 The contract for your Order is between you and Us. No other person will have any rights to enforce any of its terms.
14.4 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision will be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause 14.4 will not affect the validity and enforceability of the rest of these Terms and Conditions.
14.5 If We fail to insist that you perform any of your obligations under the contract for your Order, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
14.6 The contract for your Order is governed by Scottish law. You and We both agree to submit to the non-exclusive jurisdiction of the Scottish Courts.