You must read and agree to these before completing a booking. Remember that your holiday is a contract between you and McKinlay Kidd.
These Conditions ("Conditions") include important information and set out contractual terms and conditions which apply to bookings you make with McKinlay Kidd. 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.
In these Conditions:-
"McKinlay Kidd" means McKinlay Kidd Limited, a company incorporated in Scotland with registered number SC250017 and having its registered office at 7-11 Melville St, Edinburgh, EH3 7PE and "we", "us" and "our" shall refer to McKinlay Kidd;
"you" means the person engaging McKinlay Kidd to provide the Service;
"Service" means the holiday booking and advice service provided by McKinlay Kidd 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.
- Your chosen holiday will be reserved by McKinlay Kidd for you, pending receipt of your completed booking confirmation and required deposit of 10% of the total holiday cost, a minimum £100 per person, or otherwise as advised at time of booking.
- 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.
- 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.
- 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 a deposit of 10% of the holiday cost and no less than £100 per person (or, if we require a higher deposit due to special circumstances, the higher deposit required by us). You may make this deposit payment by bank transfer, cheque, debit card or credit card, 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.
- 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.
- 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.
- 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 any insurance premiums and 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.
- In compliance with the UK Package Travel, Package Holidays and Package Tours Regulations 1992 and the Civil Aviation (Air Travel Organiser’s Licensing) Regulations 1995 an insurance policy has been arranged with Travel & General Insurance Services Ltd (tagis), to protect customers’ prepayments in the unlikely event of our financial failure and paid in respect of:
- non-flight inclusive packages commencing and returning to the UK
- the ground handling aspects of packages where the customer is responsible for arranging travel to the destination
offered on this website (subject to the terms of the insurance policy), for:
- a refund of such prepayments if customers have not yet travelled, or
- making arrangements to enable the holiday to continue if customers have already travelled,
Customers’ prepayments are protected by a topp policy.
In the unlikely event of financial failure please contact the claims helpline on 0870 0137 965. A copy of the policy is available on request.
This policy is provided by Travel & General Insurance Services Limited (tagis) registered number 02527363 and underwritten by International Insurance Company of Hanover Limited (Inter Hannover), registered number 01453123. tagis and Inter Hannover are authorised and regulated by the Financial Services Authority.
- When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
For further information visit the ATOL website at www.atol.org.uk.
- All holidays and prices are in £pounds sterling.
- Sample prices quoted on our website or advertising material are for guidance only and are not binding.
- 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.
- In the event that you pay by credit card, you also agree to pay an additional credit card charge equal to 2% of the total cost of the holiday booked.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Nothing in these Conditions shall exclude liability for death or injury caused by our negligence or misrepresentation.
- In any case, our whole liability to you whether under contract or delict shall not exceed £2,000,000
- 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.
- 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.
- 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. McKinlay Kidd accepts no liability for either theft or damage to vehicles parked in service or accommodation provider or off-site car parks.
- 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.
- 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.
- 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.
- You will indemnify McKinlay Kidd for any liability, loss, damage, costs and expenses incurred by McKinlay Kidd as a result of your acts and omissions whilst on holiday, or as a result of your breach of these Conditions.
- Minimum number of persons.When we indicate that an excursion or activity (including, but not limited to walking,photography courses and whale watching) is offered only on the basis that a minimum number of persons will be going on it with you, or on the basis of weather conditions being suitable we must reserve the right to cancel the excursion or activity without paying any compensation to you should we not achieve the desired numbers or if weather conditions are not suitable. We will, however, make a full refund of the element of the price paid by you which relates to the excursion or activity.
- Classic car hire. In the event of unavailability of a chosen classic car due to accident, mechanical or other problems beyond our control, we will endeavour to offer you a suitable alternative. If this is not accepted, we will refund the cost of the hire car, but any accommodation, travel or other activities booked cannot be cancelled, and the cancellation terms and conditions in 7d will apply.
- 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 firstname.lastname@example.org Cancellations sent to any other parties shall not be effective. Verbal cancellations will not be accepted.
- 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 and payment by you of an alteration fee.
- The alteration fee is £30 per person, each time a booking is changed. In addition, any flight changes will be subject to a £40 fee per person per sector, as imposed on us by the airline. Any alteration made within 48 hours of the day of travel will be treated as a cancellation.
- Subject to condition 7(h), should you wish to cancel your holiday after your booking has been accepted by us, then we will impose the following charges which depends on how much notice is given before the commencement of the holiday itself.
- More than 56 days prior to commencement of the holiday: the deposit;
- From 56 to 28 days prior to commencement of the holiday: 30% of holiday
- From 28 to 14 days prior to commencement of the holiday: 60% of holiday cost;
- From 14 to 2 days prior to commencement of the holiday: 80% of holiday cost.
- If, however, the cancellation is received by us on or within 48 hours of the date on which the holiday is due to commence, no refund will be made.
- You agree in addition to the provisions in conditions 7(d) and 7(e) to indemnify us fully against any and all cancellation and/or alteration charges or fees incurred by us as a result of you cancelling your holiday.
- 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.
- 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 in conditions 7(d).
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 aeroplane 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.
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.
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.
We strongly recommend that you take out full insurance covering risks such as cancellation or delay. Travel & General Insurance have designed a range of policies specially for us, offering real value for money. For further details see their website or call 0845 345 3456 for further information.
Please view our privacy statement.
McKinlay Kidd hope that you will have a trouble free and enjoyable holiday but we recognise 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 McKinlay Kidd 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, McKinlay Kidd regret that we cannot accept any liability if you fail to notify the complaint or claim entirely in accordance with this clause.
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.
- 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.
- McKinlay Kidd 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.
- These Conditions represent the entire agreement between yourself and McKinlay Kidd and no alteration to these Conditions shall have effect unless with our express written consent.
- These Conditions, and all disputes between McKinlay Kidd and yourself will be governed by Scots law and will be subject to the jurisdiction of the Scottish Courts.