Terms & Conditions

Definitions

The Company:

River & Green Limited, a tour operator registered in Scotland at 15/3 Gladstone Terrace, Edinburgh EH9 1LS Scotland (Reg No. 350924, VAT No. 941699876)

The Client:

All persons, whether individually or a part of a group purchasing a holiday provided by the Company

The Lead Name:

The person making the holiday booking

The Holiday:

A Tailor-made Vacation, All-inclusive Package or Language Course

The Deposit:

25% of the Total Price

The Balance:

75% of the Total Price

Contractual Agreement

On receipt of payment of the deposit, the Company undertakes to make supplier reservations relevant to the holiday, on behalf of the Client. On receipt of payment of the balance, the Company agrees to deliver the holiday to the Client in accordance with the booking confirmation. The contractual agreement between the Company and the Client, as constituted by the terms and conditions detailed herein, comes into effect on the date at which the deposit has been cleared by the Company’s bank.

The lead name must be over 18 and have the legal capacity to make the transaction. They are financially responsible for payment of the total holiday price, including any cancellation or rearrangement fees that may be payable.

The lead name agrees to provide accurate and full information to the remainder of the Client party in relation to the booking, and by making the booking, confirms that all the other members of the party, including any that may be added at a later date, agree to be bound by these conditions.

The lead name undertakes to the Company that the details supplied when making a booking are correct. This includes the correct spelling of the full names, as displayed in the passport at the time of travel, for all members of the Client party. If there are any changes to the personal or contact details supplied to the Company by the lead name it is the lead name’s responsibility to inform the Company as soon as possible.

Payment

When the date of booking is more than sixty (60) days from the holiday start date the deposit is payable at the time of booking. The balance is payable in full no later than sixty (60) days before the holiday start date.

When the date of booking is less than sixty (60) days from the holiday start date the total price is payable in full on the date of booking.

If the balance is unpaid by the due date, the Company reserves the right to treat the reservation as cancelled and to retain the deposit paid. All payments will be made in respect of invoices raised by the Company. Payments must be made in GB Pounds Stirling, by bank transfer. Any and all bank charges associated with making payment will be borne entirely by the Client. The Company’s obligations under the terms of this agreement do not come into effect until funds have been cleared through the Company’s bank.

Included services

The services included in any holiday are as stipulated in the holiday proposal and reiterated in the booking confirmation.

Excluded services

The services excluded in any holiday are as stipulated in the holiday proposal and reiterated in the booking confirmation. The following items are always excluded from every holiday;

  • Flights to and from Edinburgh airport
  • Travel insurance (including cancelation, personal and property liability)
  • Tips (please note that it is customary to tip ghillies £10-£20/angler/day)
  • Apparel
  • Telephone calls
  • Shipping, packing or smoking of retained fish

Client Changes

In the event that the Client needs to change their travel arrangements after a deposit has been paid and for whatever reason, the Company will make every effort to accommodate those changes, subject to the following conditions;

  • All cancellation charges incurred by the Company on behalf of the Client, in respect of transport, accommodation or activities will be passed on, without discount or surcharge, to the Client. The Client will be contractually bound to pay said charges within 10 days of receipt of invoice from the Company.
  • In the event of comprehensive Client changes (typically arising from a change of the date of holiday commencement) the Company will recalculate the cost of the alternative holiday on the following basis and adjusted with respect to monies paid-up;

A = (B + C + D) – E

Where,
A = The FEE DUE
B = The price of the alternative holiday
C = The cost to the Company of any cancellation charges imposed by suppliers of the original holiday
D = A rearrangement fee of £50/ day of the duration of the original holiday
E = The total price of the original holiday

Example;

An original golfing holiday of 4 days duration required comprehensive rearrangement due to the Client changing the date of holiday commencement. The original holiday price was £2000. The hotel charged £150 and the golf course charged £75 for cancellations. The price of the rearranged, alternative holiday was £2400. At the time of rearrangement due to Client changes, the Client had paid the full amount of the original holiday..

The charge due from the Client was;
£2400 + (£150 + £75) + (4 x £50) – £2000 = £825

  • The Company will always endeavour to use the same suppliers when accommodating Client changed itineraries. Every effort will be made to maintain the quality standard of items to be changed, but the Company makes no guarantee that this will always be achievable.
  • In the event that the Client does not wish to accept alternative holiday arrangements offered in good faith by the Company as a result of Client changes, the holiday will be deemed to have been cancelled and the cancellation refund provisions detailed herein will apply.

Accommodation

Unless expressly stated to the contrary in the holiday proposal and reiterated in the booking confirmation, total prices are based on two Clients sharing a standard twin bedded or double bedded room. In most cases, single occupancy will incur an additional charge. The Company reserves the right to substitute accommodation of a similar or higher standard than that stated in the booking confirmation.

Cancellation & Refund

In the unlikely event of cancellation by the Company, the Client will be entitled to a full refund of all monies paid. In the event of cancellation by the Client, the following refund schedule will apply;

  • Within 14 days of receipt by the Company of a deposit payment  = 100% of Deposit
  • After 14 days of receipt by the Company of a deposit payment and before the balance due date = 50% of Deposit
  • After receipt by the Company of a balance payment = nil
  • During the course of a paid-up holiday = nil

Notice of cancellation may be made by the Client by email, telephone or letter. The date of cancellation will be the date upon which confirmation of notice has been issued by the Company. This will normally be the same date as the notice is received and will not be unreasonably withheld by the Company.

Any and all bank charges associated with making refunds will be borne entirely by the Company.

No refund is payable in the event of loss of fishing, golf, shooting or hunting due to adverse weather conditions or high water levels.

Consequential Loss

In the event of cancellation by either the Client or the Company, the Company shall not be liable for any consequential loss incurred by the Client.

Complaints

In the event of complaint, Clients undertake to inform a representative of the Company as soon as possible to allow the Company the opportunity to resolve the situation. You will be provided with the Company’s contact details before you travel. If the complaint remains outstanding, you must write to the Company as soon as possible upon your return (at least within 28 days of your return). The Company undertakes to seek to resolve the complaint to your full satisfaction.

River & Green follows the Code of Conduct set out by the Association of British Travel Agents (ABTA) and the Company agrees to be bound by arbitration through the Chartered Institute of Arbitrators.

Client Responsibility

All Clients are expected to behave in a fashion that will not detract from the comfort or enjoyment of other Clients, group members, suppliers or employees and agents of the Company. While participating in sporting activities, the Client undertakes to exercise appropriate etiquette.

In the event of a Client behaving in an offensive manner or in such a way as to endanger the health and safety of themselves or other Clients, group members, suppliers or employees and agents of the Company, the Company will issue one written warning to the Client. If the Client’s offensive or dangerous behaviour persists the Company reserves the right to expel the offending Client from the holiday without further notice.

The judgement of offensive or dangerous behaviour will be at the sole discretion of a director of the Company. In the event of expulsion, the Client will be deemed to have cancelled their participation in the holiday and in accordance with the terms governing cancellation, no refund will be made.

Health and safety

The sporting activities integral to River & Green holidays involve inherent risks arising from actions including, but not limited to; walking over rough ground, wading, casting, golfing and shooting. By booking a holiday, the Client accepts that they are aware of these risks and confirms that they are suitably equipped and of adequate health and physical ability to participate in the sporting activities.

Travel Insurance

The Client is required to self-certify that they have in place current and comprehensive travel insurance. Policies must cover cancellation, death, illness, injury, property damage and loss. The Company accepts no liability whatsoever in respect of a false declaration by the Client that insurance is in place. No bookings will be accepted in the absence of a positive self-certification. The Client indemnifies the Company with respect to any claim arising through action, fault or omission by any and all third parties, including but not limited to hotel, restaurant and transport operators and owners, golf clubs and estate owners.

Passport and Visas

The Client is required to hold a valid passport and where applicable a valid visa for entry into the United Kingdom and for travel within the United Kingdom for the entire period of the holiday. In the event of barred entry into the United Kingdom, the Client will be deemed to have cancelled their participation in the holiday and in accordance with the terms governing cancellation, no refund will be made.

Limitation of Liability

The Company will accept liability for the negligence of its staff or agents causing death or physical injury to persons or damage to personal property only to the extent it is obliged under Scots Law. In other circumstances the Company will be liable to the Client for the proper performance of the contract.

The Company will not be liable for any damage or loss if the failure to carry out the contract is;

  • Attributable to the client
  • Attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseen and unavoidable
  • Due to unforeseen and unusual circumstances beyond the Company’s control, the consequences of which could not have been avoided even if all due care had to be exercised
  • Due to political disputes, war, terrorist attacks, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure
  • Due to an event which the company, even with all due care could not foresee or forestall

Any accepted liability is limited to the price paid or, in the case of damaged property the liability is limited to the maximum amount equal to the amount paid by or on behalf of the owner.

The Company’s acceptance of liability is subject to assignment by the Client to the Company of the clients’ rights against any agent, supplier, and subcontractor of the Company which is in any way responsible for the unsatisfactory tour arrangements or the Clients’ death or personal injury.

Privacy

The Company will provide to third parties only that essential personal information which is required to discharge its obligations under the terms of this agreement. The Client’s information will not be divulged to any other person or organisation without their express consent.

Applicable Law

This agreement is governed by Scots Law and the exclusive jurisdiction of the Scottish Courts.