1. General Information

For your convenience, we have listed below some general information about us:

• We,“the Supplier” are Jacobite Cruises Limited and our registered office address is at Farraline Park Bus Station, Margaret Street, Inverness, IV1 1LT;
• Registered in Scotland No 57901
• Our e-mail address is info@jacobite.co.uk
• Our VAT number is 268050852

Other definitions which apply in these Terms of Use are contained in our Conditions of Contract, to which you must also agree before making a booking with us.

2. Formation of Contract

2.1 Set out below is a useful summary of the steps which you, “the Client” must follow in order to conclude a legally binding contract with us:

Step 1: Provided that you agree unconditionally to these Terms of Use and our Conditions of Contract, you will be given the opportunity to complete our standard order form which contains information on price together with a description of the cruise/tour and charter services which are available, and an explanation of any promotional offers and methods of payment.

Step 2: On completing the order form you will be given the opportunity to submit an order to us by clicking on the “order” button which appears at the end of the form. On receipt, you will be sent an automatic electronic response notification that acknowledges receipt of your order Furthermore you will be sent a second email which will detail that your order has been processed andupon receipt of such notification and provided that you are able to access it, a legally binding contract will have been formed between us. We reserve the right not to process your order and accordingly, we will notify you as soon as is practical by electronic mail if this is the case.

If you do not wish to submit an order to us, you should click on the “escape” button and you will return to our home page.

2.2 Please note that while we guarantee to send to you a notification by e-mail of every valid order we receive from you, we cannot equally guarantee that the notification we send will be received by you, nor that, if it is received by you, it is legible and uncorrupted.

• These Terms of Use shall override any contrary terms or conditions published by us or appearing on this website in relation to any booking placed by you with us.
• The contract will be filed as a hard copy and stored on our system until the contract has been fulfilled.
• Please contact us directly at info@jacobite.co.uk or Telephone 00 44 (0)1463 233999 should you have any queries on the handling of your transaction

3. Terms of Use

3.1 There are some situations in which we cannot accept a booking, and in the booking form you will be asked to identify if any of these are applicable to you by completing all details to the best of your knowledge . You will ensure that your responses are not misleading or inaccurate, and accordingly you acknowledge that we are reliant upon you to complete the booking form accurately.

3.2 You agree not to post or transfer to our website (nor include in any message) any material which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. You agree to indemnify us, the Supplier, in respect of any liabilities, losses, expenses, or other costs whatsoever incurred as a result of a breach of your obligation under this condition 3.2 including, but not limited to, any claims made against us by any third party.

3.3 The Data Protection Act 1998 is designed to protect individuals about whom information is entered and stored on computer and other systems. Accordingly, it lays down strict standards of accuracy, relevance and care of such data including how it may be divulged. Any data about individuals which you enter onto our website directly or included in any message to us will be subject to the Data Protection Act 1998 and you are responsible for its accuracy and relevance and must have the authority to disclose it and for us to utilise it for the purposes of any transaction concluded for or by you through this website. If you are in any doubt about any data you should contact us with details of the problem before concluding the Contract.

3 .4 In consideration of agreeing to your use of this website, you acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, copyright) in this website belongs to us. Accordingly, any part of this website (or its source HTML code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing this website meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content.

3.5 You may only use the trademarks featured in our website for the purpose of displaying this website on your computer screen or printing out this website on your printer.

3.6 You may not link this website to any other website. Furthermore, we do not make any warranties, representations or undertakings about the content of any other website which may be referred to or accessed by hypertext link with this website, and we do not endorse or approve the content of such third party websites.

3.7 We will collate the information which you give to us in the order form to provide you with our on line ordering service. By giving us this information, you consent to our use of it in order to process your order.

3.8 Please be aware that to the extent permitted by law and except as expressly provided for in the Conditions of Contract, we do not accept liability in respect of this website, your use of it or our on-line ordering service.

3.9 Use of this website is subject to the laws of Scotland, and the exclusive jurisdiction of the Scottish Courts.

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JACOBITE CRUISES LIMITED

Conditions of Contract for Supply of Cruise/Tour or Charter Hire Services

1.	Definitions
1.1	In these Conditions of Contract (“Conditions”) the following terms shall have the following meanings:-
	“Charter Client”	means the person booking a charter hire and “charter hire” means a booking made by a Charter Client;
	“Client”	means any person, firm, company, public authority or any other body contracting the Services under the Contract and his/its successors, personal representatives, servants, agents or employees, and for the avoidance of doubt, “Client” can mean a Charter Client, Group Client or Individual Client, depending on the context, and “all Clients” means Charter Clients, Individual Clients and Group Clients;
	“the Contract”	means the Contract between the Parties evidenced by the issuing of a ticket, the Supplier’s acceptance of the Client’s submission of the online booking form; the Client’s acceptance of a Quotation issued by the Supplier; or the issuing of any other document clearly intended to have contractual effect;
	“cruise/tour”	means a cruise and/or tour booked by either an Individual Client or a Group Client, depending on the context;
	“Group Client”	means a Client who makes a booking for a party of more than twenty-five persons or such other number as the Supplier from time to time at its sole discretion may determine and “Group cruise/tour” means a cruise and/or tour booked by a Group Client;
	“Individual Client”	means a person who is issued with a ticket by the Supplier for the Services and who is neither a Group Client nor a Charter Client and “Individual cruise/tour” means a cruise and/or tour booked by an Individual Client;
	“the Parties”	means the Supplier and the Client;
	“Quotation”	means a quotation document provided by the Supplier to the Client, via the Supplier’s website or otherwise, detailing the terms on which the Supplier is prepared to carry out the Services;
	“Safety Rules”	means the safety rules produced by the Supplier relating to the performance of the Services;
	“the Services”	means the services of boat cruise and/or bus tour or vessel charter hire performed for the Client by the Supplier, as the context requires;
	“Supplier”	means Jacobite Cruises Limited a company incorporated in Scotland (registered number SC057901) and having its registered office at Farraline Park Bus Station, Margaret Street, Inverness, IV1 1LT.

CONDITIONS APPLICABLE TO ALL CLIENTS

2.	General
	2.1	The Supplier agrees to provide the Services under the Contract in accordance with these Conditions.
		2.1.1	All Quotations and the acceptance by the Supplier of any booking are on the understanding that the Client accepts these Conditions.  These Conditions shall form the basis of the Contract notwithstanding anything to the contrary in any other terms and conditions of or referred to by the Client and unless expressly varied in writing by an authorised representative of the Supplier.
		2.1.2	All Quotations are made without obligation on the part of the Supplier and the Supplier has the right at all times to vary the same.
		2.1.3	Without prejudice to the generality of Condition 2.3, all Quotations are based upon information given to the Supplier by the Client at the time of the Quotation.  Should such information prove inaccurate then the Supplier reserves the right to vary in writing the Quotation and/or the basis of acceptance of the booking as the case may be.
		2.1.4	All bookings accepted by the Supplier shall specify the commencement time and duration where applicable for the provision of the Services.
		2.1.5	The Services will be performed using reasonable care and skill. Reasonable endeavours will be made to commence and carry out the Services at the time(s) requested.
		2.1.6	The Supplier shall not be obliged to provide any services other than those specifically provided for in the Contract.  If additional services are required terms and conditions will require to be agreed in advance between the Client and the Supplier.
		2.1.7	The Client will ensure that the Client, any member of its party, and its invitees, employees, agents and contractors comply with the Safety Rules and any reasonable directions and orders which may be given from time to time by the Supplier.
		2.1.8	All passengers must behave in a manner that will not cause offence to fellow passengers or cause a safety hazard.  The skipper of the Supplier’s vessel or the driver of the Supplier’s vehicle has sole discretion to refuse passage to any person who is or who, in his/her opinion, may become disruptive, or to land or disembark any such person at the first opportunity and the Supplier will not be responsible for any additional costs incurred as a consequence, nor for returning such person to the point of embarkation.
		2.1.9	The Supplier reserves the right to amend or update these Conditions at any time prior to the Supplier’s acceptance of a confirmed booking.
		2.1.10	In the event of performance of the Services being delayed due to any fault on the part of the Client, any member of its party, its invitees, employees, agents or contractors the Client will be responsible for meeting all additional costs, losses and expenses incurred by the Supplier as a result thereof.
		2.1.11	The Supplier reserves the right to refuse any booking request.
		2.1.12	Clients shall not take any refreshment on board any of the Supplier’s vehicles or vessels without the prior consent of the Supplier.
		2.1.13	Clients shall be responsible for the behaviour of all passengers whom they have arranged shall travel with the Supplier and shall ensure that all members of their party are aware of the terms of these Conditions.
		2.1.14	Any refund of the price or part of the price paid which is due to be made to the Client by the Supplier on cancellation in terms of these Conditions shall be paid within 30 days from the date on which the Services would have been provided but for that cancellation.
3.	Complaints
	3.1	Any complaint or problem arising during a cruise/tour or charter hire should be raised with a crew member onboard so that where possible this may be satisfactorily addressed onboard.
	3.2	In the event of any complaint or problem arising before or after a cruise/tour or charter hire, the Client should contact the Supplier in writing at the address given in the definitions section above.
4.	Warranties & Liability
	4.1	All vessels sail and all vehicles travel subject to weather conditions. The Supplier can accept no responsibility in the event that a charter hire or cruise/tour has to be cancelled because of flooding or adverse weather conditions. Where possible, 24 hours notice will be given if flooding or adverse weather is likely to prevent the vessel from sailing or the vehicle from departing and in such circumstances the full price will be refunded if an alternative date within 30 days of the date of the cancelled charter hire or cruise/tour cannot be agreed.
	4.2	The Supplier reserves the right to change the vessel or vehicle for any charter hire or cruise/tour without prior notice to the Client.
	4.3	The Supplier shall in no circumstances be liable to the Client, any member of its party, its invitees, employees, agents or contractors for any indirect or consequential loss of any nature whatsoever.
	4.4	Notwithstanding anything contained in the Contract, the Supplier’s liability to the Client in respect of the Contract whether for breach of contract or delict (including negligence or breach of statutory duty) or otherwise shall be limited to the total amount payable by the Client for the Services (net of VAT and other duties and taxes).
5.	Alcohol/ Illegal Substances/Security
	5.1	The Supplier reserves the right for the skipper of its vessel or the driver of the vehicle to refuse access to any person if it is the opinion of the skipper or the driver (as the case may be) that such person is under the influence of alcohol, drugs or any illegal substances or may pose a threat to the health and safety of the skipper, the crew of the vessel, the driver or other passengers.
	5.2	The Client is not entitled to bring any alcohol, drugs or illegal substances onto the Supplier’s vessel or vehicle. In the event of any alcohol, drugs or illegal substances being brought onto the vessel or vehicle by the Client or any member of its party, its invitees, its employees, agents or contractors, the skipper or any crew member or the driver has the right to confiscate the alcohol, drugs or illegal substances. If it is found that Client’s own alcohol, drugs or illegal substances or alcohol, drugs or illegal substances belonging to any other such persons is being or has been consumed on board a Supplier’s vessel or vehicle, the skipper has the right to  land or disembark any person who has consumed alcohol on board the vessel or vehicle at the first opportunity and the Supplier shall not be responsible for any additional costs incurred nor for returning such person to the point of embarkation. In relation to a charter hire, if Client’s own alcohol, drugs or illegal substances or alcohol, drugs or illegal substances belonging to any member of the Client’s party, its invitees, employees, agents or contractors are consumed on board during a charter hire, the skipper has the additional right of termination of the charter hire.
	5.3	The Supplier may carry out security checks of the Client, members of their party and their respective baggage or other belongings.
6.	Force Majeure
	The Supplier shall not be liable to the Client for any refund of the price (unless expressly provided for in these Conditions) nor for any loss or damage suffered by the Client, any member of its party, its invitees, employees, agents or contractors directly or indirectly as a result of Supplier’s failure or delay in performing the Services where such failure or delay is caused by any occurrence or happening or series of occurrences or happenings beyond the reasonable control of Supplier including without prejudice to the generality of the foregoing, Act of God, explosion, flood, tempest, fire or accident; war, sabotage, civil disturbance or requisition;  acts or requirements of any kind of any governmental, parliamentary or local authority;  import or export regulations or embargoes;  strikes, lockouts, or other industrial actions or trade disputes;  difficulties in obtaining labour fuel, parts or machinery; and power failure or breakdown in machinery.
7.	Termination
	In the event that the Client shall default in making punctual payment for the Services or permit any other breach of the Contract, which if remediable is not remedied within a period of 14 days from the receipt of a notice from the Supplier, or if the Client shall make an offer to make any arrangement or composition with creditors or become apparently insolvent or be made bankrupt or if any petition for bankruptcy shall be presented and made against him or in the event that the Client is a limited company, that a resolution or petition to wind up such company (other than for the purposes of amalgamation or reconstruction) shall be passed or presented or if a receiver or administrator or liquidator of such company’s undertaking, property or assets or any part thereof shall be appointed, the Supplier (without prejudice to any claim or right that it may otherwise make or exercise against the Client) shall have the right to rescind the Contract by notice to the Client.
8.	Notice
	All notices shall be sent either by e-mail, facsimile or first class post to the email address, facsimile number or address of each party set out in the booking form or such other email address, facsimile number or address as may be notified by either party to the other from time to time.  Emails and facsimile notices will be deemed to be received immediately.  First class post notices will be deemed to be received 48 hours after posting.
9	Law
	These Conditions shall be interpreted under the Law of Scotland and the Parties  submit to the non-exclusive jurisdiction of the Scottish Courts.

ADDITIONAL CONDITIONS APPLICABLE ONLY TO INDIVIDUAL CLIENTS

10.	Bookings
	On an Individual Client booking for a cruise/tour, payment of the price must be made in full on confirmation of booking. For the avoidance of doubt reservations can be taken up to 7 days prior to the cruise/tour date but are not legally-binding until a booking is confirmed and payment is made.
11.	Alterations & Cancellations/Refund Policy
	11.1	Any alteration/cancellation of a booking must be received in writing by the Supplier. Any amendment to an online booking or to a booking in respect of which payment was made by credit card will result in a charge of a £3 administration fee.
	11.2	On cancellation of an Individual cruise/tour booking the Client shall be entitled to a refund of 80% of any price paid if notice of cancellation is received at least 30 days prior to the cruise/tour date. If notice of cancellation is received 30 days or less prior to the cruise/tour date, the Client shall not be entitled to a refund.

ADDITIONAL CONDITIONS APPLICABLE TO CHARTER CLIENTS

12.	General
	Subject to Condition 14, if any booking is cancelled (other than for default by the Supplier) or otherwise frustrated, the Supplier reserves the right to charge for all costs, losses and claims relating thereto incurred by or imposed upon the Supplier including but not limited to any operational costs up to the date/time of cancellation or frustration and for loss of earnings, profit and cancellation charges.
13.	Bookings
	13.1	The Supplier is willing to accept a provisional booking for charter hire for 7 days without obligation. A confirmed booking form and payment of a deposit of 50% of the price is required to confirm the booking failing which the Supplier reserves the right to allocate the vessel to another customer.
	13.2	Following receipt of a confirmed booking form and payment of a deposit as referred to in Condition 13.1 above the outstanding balance of the price must be received by the Supplier no later than 10 days prior to the charter hire date. The vessel will not sail unless full payment has been received by the Supplier.
	13.3	Once a booking is confirmed it cannot be transferred to any other party.
	13.4	A security bond may be required by the Supplier in connection with any charter hire booking. In this event, payment of such bond will be required 14 days prior to the charter hire date.
	13.5	The security bond will be returned to the Client no later than 7 days after the charter hire provided there is no damage to the vessel, its furnishings or equipment, no alcohol, drugs or other illegal substances are brought on board and no cleaning costs (other than its normal cleaning costs) are incurred by the Supplier.
	13.6	Without prejudice to Condition 5, if it is found that Client’s-own alcohol or alcohol belonging to a member of a Client’s party, or the invitee, employee, agent or contractor of a Client has been consumed on board the Supplier’s vessel or vehicle during a charter hire, a corkage charge will be levied by way of deduction from the Client’s security bond.
14	Alterations & Cancellations/ Refund Policy
	14.1	Any alteration/ cancellation of a booking must be made in writing to the Supplier.
	14.2	Alterations of charter hire bookings will only be accepted at the discretion of the Supplier up to 10 days prior to the charter hire date and will incur a £50 administration fee.
	14.3	On cancellations of charter hire bookings received by the Supplier:
		14.3.1	60 days prior to the charter hire date, the Client will be liable to pay to the Supplier a £50 administration charge and any price paid shall be refunded subject to deduction of that charge;
		14.3.2	less than 60 days but more than 30 days prior to the charter hire date, 50% of the price shall be payable by the Client if the vessel or vehicle cannot be re-let to another party for that specific hire period and the amount of any refund shall be reduced accordingly;
		14.3.3	less than 30 days but more than 7 days prior to the charter hire date, the full amount of the price shall be payable by the Client if the vessel cannot be re-let to another party for that specific hire period date; and
		14.3.4	less than 7 days prior to the charter hire date, the full amount of the price shall be payable by the Client if the vessel cannot be re-let to another party for that specific period. In addition the Client will be responsible for any costs reasonably incurred by the Supplier  in respect of the booking including (but not limited to) the costs of any food or refreshment or any on-board entertainment booked for the charter hire.
15.	Menus
	15.1	Clients who wish to supply their own catering for a charter hire must intimate this at the time of booking. All services must be taken on board and cleared away at the end of the charter hire.
	15.2	Where food or refreshments have been booked for a charter hire it must be ordered for all members of the Client’s party and the number of passengers attending must be confirmed in writing no later than 10 days prior to the charter hire date. The Supplier cannot normally reduce booked catering numbers or make refunds of catering charges without 10 days’ prior written notice.
16.	Onboard Entertainment
	Any entertainment, discos or bands may be contracted to play on board the Supplier’s vessels by prior arrangement only and must be confirmed at the time of booking.
17.	Prices and Payment
	17.1	Prices quoted by Supplier and prices included in bookings accepted by Supplier are exclusive of VAT and any other applicable duties or taxes. Unless otherwise agreed in writing payment will be due in the same currency as the price stated in the Contract.
	17.2	If payments due to the Supplier are not made timeously, the Supplier reserves the right to cancel or suspend the Services under the Contract and any other contract between the Parties at the date of such default without being liable for any loss whatsoever in respect thereof.
18.	Duration
	18.1	The vessel is booked for the agreed duration at the agreed price. If late passengers delay the departure of the charter hire the vessel will return to the quayside at the scheduled time regardless of actual charter hire duration.
	18.2	All charter hire vessels will return to the quayside 5 minutes before the charter hire is scheduled to end, at which time the bar will close. Upon arriving at the quayside passengers will be permitted 15 minutes to finish their drinks. If passengers do not disembark promptly at the end of that period, the Supplier reserves the right to invoice the Client for additional time incurred at the appropriate charter hire rate.

ADDITIONAL CONDITIONS APPLICABLE ONLY TO GROUP CLIENTS.

19.	Bookings
	19.1	On a Group Client booking for a cruise/tour, payment of the price must be made in full prior to departure of the vessel/vehicle, unless the Group Client holds an account with the Supplier, in which case the price for the Services will be added to the Client’s account at the time of confirmation of booking.
	19.2	For the avoidance of doubt, reservations can be taken up to 24 hours in advance but are not legally-binding until a booking is confirmed.
	19.3	Once a booking is confirmed it cannot be transferred to any other party.
20.	Alterations and Cancellations/Refund Policy
	20.1	Any alteration/cancellation of a Group Client booking must be made in writing to the Supplier.
	20.2	Alterations of Group cruise/tour bookings will only be accepted at the discretion of the Supplier up to 10 days prior to the Group cruise/tour date and will incur a £50 administration fee.
	20.3	On cancellations of Group cruise/tour bookings the Client shall be entitled to a refund of 80% of any price paid if notice of cancellation is received at least 30 days prior to the cruise/tour date. If notice of cancellation is received 30 days or less prior to the cruise/tour date, the Client shall not be entitled to a refund.
21.	Prices and Payment
	21.1	Prices quoted by Supplier and prices included in bookings accepted by Supplier are exclusive of VAT and any other applicable duties or taxes. Unless otherwise agreed in writing payment will be due in the same currency as the price stated in the contract.
	21.2	Payment for Services is due 14 days from the date of invoice in the case of an account-holding Group Client and prior to departure of the vessel/vehicle in the case of a non account-holding Group Client and the Client agrees to pay interest on any sums outstanding after the due date for payment at the rate of four per cent above the Bank of Scotland base rate. Invoices will be deemed to be accepted by the Client unless the Supplier is notified to the contrary within 14 days of the date of the invoice.
	21.3	In addition to the Supplier’s right to interest under Condition 21.2, if payments due to the Supplier are not made timeously, the Supplier reserves the right to cancel or suspend the Services under the Contract and any other contract between the Parties at the date of such default without being liable for any loss whatsoever in respect thereof.