website terms and conditions
These terms govern your use of faodailtravel.com, referred to here as the Site. By accessing or using the Site you accept them. They are separate from the Booking Terms and Conditions, which govern any journey we arrange for you.
Who we are
The Site is operated by Faodail Travel Ltd, a company registered in Scotland under number SC803025, whose registered office is at 2 Springdale Road, Tranent, United Kingdom, EH32 9SP. References to we, us and our are to that company.
Acceptance and changes
We may amend these terms at any time by posting a revised version on the Site. The version in force is the one displayed when you access the Site. Continued use after a change constitutes acceptance.
Permitted use
The Site is provided for your personal use and to enquire about our services. You agree not to use the Site in any unlawful or fraudulent way or for any harmful purpose, not to attempt to gain unauthorised access to the Site, its server or any connected system, not to introduce viruses or other material that is malicious or technologically harmful, and not to scrape, harvest, frame or systematically extract content from the Site without our written consent.
Intellectual property
All content on the Site, including the Faodail name, logo, text, photography, itineraries, design and the look and feel, is owned by us or licensed to us and is protected by copyright, trade mark and other rights. You may view and print extracts for your own personal use. You may not reproduce, distribute or commercially exploit any part of the Site without our prior written permission.
No advice and accuracy of content
Site content is provided for general information. While we take care to keep it accurate and current, we give no warranty that it is complete, accurate, or up to date. Pricing indications, itinerary suggestions and descriptions are illustrative and do not form an offer capable of acceptance. A binding contract arises only as set out in Part 3.
Third-party links and content
The Site may link to third-party websites or feature third-party venues and providers. We do not control and are not responsible for their content, products, or practices. Links are provided for convenience and do not imply endorsement.
Availability of the Site
We do not guarantee that the Site will be available uninterrupted or error free. We may suspend, withdraw, or restrict all or part of the Site for business or operational reasons and will try to give reasonable notice of any planned suspension.
Our liability for use of the Site
Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded by law. Subject to that, we exclude all liability for loss or damage arising from your use of, or inability to use, the Site, and from reliance on any content on it. Where you are a consumer, these terms do not affect your statutory rights.
Governing law and jurisdiction
These terms, their subject matter and formation are governed by the law of Scotland, and the Scottish courts have non-exclusive jurisdiction, save that a consumer may bring proceedings in their country of domicile where the law so permits.
Booking terms and conditions
These terms govern the journeys we sell. Please read them carefully. When you book, you enter into a contract with us, as principal, for a package as defined by the Package Travel and Linked Travel Arrangements Regulations 2018.
Our role — we act as agent
We sell each journey as a package and act as the organiser of that package. Your contract is with us, and we are responsible to you for the proper performance of all the travel services included in your package, whether they are performed by us or by our suppliers. We arrange and pay the underlying suppliers (such as accommodation, ground transport, guides, dining and experiences) ourselves; you pay us a single inclusive price and do not contract separately with those suppliers.
Our packages are ground-based and do not include flights. You are responsible for arranging your own air travel to and from Scotland.
Financial protection
In line with our obligations under the Package Travel Regulations, all money you pay us is protected through an independent trust account operated by Protected Trust Services (PTS). Your payments are held in trust and are released to suppliers as your journey is arranged, so that if we were to cease trading before your journey, your prepayments are protected and refundable. [Insert PTS membership number and the wording PTS requires once membership is confirmed; PTS will provide a protection statement and certificate format to give to clients.]
Our service fee
For arranging your journey we charge a planning, design and management fee, which is separate from the amounts payable to Suppliers. Our fee will be set out in your written proposal and is [non-refundable once design work has commenced / refundable as stated in the proposal]. The fee is the consideration for our agency services and is earned when those services are performed.
Quotations and confirmation
Proposals and quotations are valid for 14 days and are subject to availability. Your booking is a request to us, and a binding contract arises only when we issue a written confirmation and you have paid the deposit then due. Before you book, we will give you the pre-contract information required by the Package Travel Regulations, including the standard information form at Annex A.
Payment
Unless your proposal states otherwise, a deposit of 25% is payable on confirmation, with the remaining balance due 60 days before travel. You pay us, and we pay the suppliers on your behalf from the protected trust account. Card payments may be made through our payment provider into that account. Late payment may, after notice, be treated as a cancellation by you under clause 8.
Changes and cancellation by you
You may cancel before departure on payment of a reasonable cancellation charge that reflects our unavoidable costs, which we will tell you before you commit. Because our packages are tailor-made and we commit to suppliers on your behalf, cancellation charges can be high and may approach the full price close to departure. In certain cases of unavoidable and extraordinary circumstances at your destination, the Regulations may entitle you to cancel without charge; we will apply that where it applies. We strongly recommend cancellation insurance (clause 11).
Changes and cancellation by Suppliers
Suppliers occasionally change or cancel arrangements. Where they do, we will pass on the available options and any refund the Supplier offers, and we will use reasonable efforts to assist you in finding alternatives. As agent, we are not liable for the Supplier’s change or cancellation, but we will not retain any Supplier refund due to you.
Insurance
Comprehensive travel insurance is a condition of booking. You must hold a policy covering at least cancellation, curtailment, medical expenses, repatriation, and your personal circumstances and activities. We strongly recommend cover appropriate to high-value travel. We are not insurance intermediaries and do not advise on policies.
Passports, visas, and health
You are responsible for holding valid travel documents, visas, and any required health or entry formalities. Requirements depend on nationality and can change. We can point you to official sources but the responsibility, and any cost or consequence of non-compliance, rests with you.
Your responsibilities and conduct
You are responsible for the accuracy of the information you give us, for the conduct of your party, and for complying with supplier rules. Suppliers may refuse or curtail service for unacceptable conduct, and in such cases we have no liability to you and you must meet any resulting costs.
Our liability
Because we act as agent, we are responsible for arranging your travel services with reasonable care and skill. We are not liable for the acts, omissions, defaults, or insolvency of any Supplier, nor for the Supplier services themselves, which are the Supplier’s responsibility under your contract with them.
Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot lawfully be excluded. Subject to that, our total liability to you arising from our agency services is limited to the amount of the service fee you have paid to us for the arrangement in question. We are not liable for indirect or consequential loss. Where you are a consumer, your statutory rights are unaffected.
Complaints
If a problem arises during travel, you must tell the Supplier at once so it can be addressed, and also notify us so we can assist. If the matter is not resolved, write to us at info@faodailtravel.com within 14 days of return and we will respond promptly.
Force majeure
Neither we nor any Supplier is liable for failure or delay caused by events beyond reasonable control, including war, civil unrest, terrorism, epidemic or pandemic, natural disaster, adverse weather, fire, industrial action, and government action or travel restrictions.
Governing law and jurisdiction
These Booking Terms are governed by the law of Scotland and subject to the non-exclusive jurisdiction of the Scottish courts, save that a consumer may bring proceedings in the courts of their country of domicile where the law so permits.
