trading charter

Our Trading Charter with you

Why should I read this Charter?

Because it is very important. Our Trading Charter forms a key part of our agreement with you and forms the basis of a legally binding contract between you, as the lead name making the booking, anyone else in your party and us.

When you make this booking, as the lead name you undertake that you have the authority to accept, and do accept, on behalf of your party the terms of these booking conditions. This contract is made subject to the terms of these booking conditions, which are governed by Scottish Law, and the nonexclusive jurisdiction of the Scottish Courts.

Section 1 - How and when do I make this contract with you?

We welcome you making contact with us in a number of ways. You can call personally, write to us, phone us or use a nominated travel agent. Whichever way you contact us, the contract is made when your booking is entered on to our reservation system and we issue a confirmation of booking. We will send you, or your agent, the confirmation of your booking within 7 working days. Please check this confirmation very carefully to ensure all the information is correct and tell us, or your agent, immediately of any errors.

Section 2 - How is my holiday money protected?

We subscribe to the Code of Conduct of the Bonded Coach Holidays Group ("BCHG") of the

Confederation of Passenger Transport UK.

BCHG requires a bond to be taken out to provide protection for your holiday money in the unlikely event that a Member cannot, for financial reasons, carry out their obligations to their passengers.

Section 3 - BCHG Consumer Guarantee

The Bonded Coach Holiday Group guarantees to bona fide customers that, in the event of failure of a bona fide Member, it will:

(1) wherever possible, arrange for a holiday or tour to be completed;

(2) where failure occurs after a holiday has begun, arrange for customers to be returned by an

appropriate means of transport to their UK area of departure;

(3) if the holiday or tour cannot be completed as planned, the reimbursement of payments made by the customer to the BCHG Member.

Section 4 - When do I need to pay for my holiday and how much?

At the time of booking you will need to pay a deposit for each person named on the booking. The balance must be paid before the date on your invoice. Where you use an agent they may require you to pay them earlier than this date and will advise you separately of their balance due date. If you book within our ‘balance due’ period, you will need to pay the total holiday cost at the time of your booking.

If you do not pay the outstanding balance for your holiday on, or before, the date when it is due, we may cancel your booking and you will be required to pay the cancellation charges detailed below. The date of cancellation will normally be the date you confirm in writing that you intend to cancel or 15 days after the balance due date, whichever comes first.

Deposit £25.00 per person for UK tours or £45.00 per person for continental tours.

Your balance is due 4 weeks prior to departure.

Where optional items are purchased as part of the tour package, these are payable on the ‘balance due’ date except where items, such as theatre tickets, have been specifically purchased for you. In this case, the cost will be payable at a separate date notified to you and will not normally be refundable unless we obtain a refund from the supplier we use.

Section 5 - If I use an agent who does my money belong to?

Your agent will hold your deposit on your behalf until we issue a confirmation of your booking. The agent then holds this money on our behalf. The agent holds any balance you pay on your behalf until the date the balance is due. The agent will then forward it to us.

Section 6 - Can you change the price of my holiday after you have issued the booking confirmation?

Yes we can, but only in very limited circumstances. The price of your holiday is subject to change for an increase or decrease in any of the following costs:

Transportation costs, including fuel (including fuel tax), ferry operator fares and tolls, embarkation or disembarkation fees at terminals.

Exchange rates applied to the particular holiday booked.

Dues and taxes (including the rate of VAT).

Even in this case, we will absorb an amount equivalent to 2% of the holiday price, which excludes any insurance premium and any amendment charges. Only amounts in excess of this 2% will be surcharged, but where a surcharge is payable there will be an administration charge of £1.00, together with a separate amount to cover your agent’s commission.

If this means paying more than an extra 10% on the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the revised invoice.

Alternatively, you may prefer to take a comparable alternative holiday if available, details of which will be provided with the revised invoice. We will not surcharge you after the date that your balance is due unless the change relates to any amount set by, or payable to, a Government of a country forming part of the holiday, and even then no surcharge will be imposed less than 30 days pre-departure.

Where there is a decrease in the above costs the price of your holiday will be reduced and a refund given. The prices, terms and dates will be those used for applying any increase.

In addition to sterling, we use the following currencies in calculating our holiday prices. Below are the equivalent exchange rates to £1.00 sterling from the Financial Times 11/10/07. Please note that some apparent changes may not affect the price of your holiday due to contractual protection, which we have in place.

Country Exchange rate: Euro 1.44 Czech Rep. Koruna 39.60

Norway NKR 11.15 Poland Zloty 5.20

Switzerland SFr 2.40

Section 7 - Can I change my holiday arrangements?

After we have issued our booking confirmation we will do our best to accommodate any changes you may want to make, but we cannot guarantee to do so. Any changes must be notified to us in writing and signed by the person who signed the booking form or lead name. If we are able to make the changes, an amendment fee of £10.00 will be payable plus any additional charge for the facilities requested. Any significant alteration after the ‘balance due’ date will be treated as a cancellation of the original booking and will be subject to the cancellation charges detailed below. A significant alteration would include a change of departure date, holiday or hotel, or reduced number of people travelling.

Section 8 - Can I transfer my booking to someone else?

You can transfer your booking to someone else provided you give us reasonable notice. This person must be able to satisfy all the conditions for the holiday and a change cannot normally be made later than seven days prior to departure. We will make an administration charge of £10.00 per booking for every transfer we make, plus any reasonable additional costs caused by the transfer. You will remain responsible for ensuring that the holiday is paid for by the ‘balance due’ date.

Section 9 - How can I cancel my holiday?

You, or any member of your party, may cancel at any time provided that the cancellation is made by the person who signed the booking form or lead name and is communicated to us in writing via the office at which you made your original booking. You will have to pay cancellation charges set out in the scale below to cover our estimated loss resulting from the cancellation. If you are insured against cancellation you may be able to recover the charges from your insurers. Your cancellation will take effect from the date when either the travel agent or we receive your written confirmation of your cancellation. You must also return any tickets or vouchers that you have received. A reduction in room occupancy may increase the charges for the remaining passengers by the application of supplements for low occupancy of rooms.

Scale of Cancellation Charges

Period before departure within which written cancellation of holiday price is received. Amount of cancellation charge as a percentage

More than 28 days Deposit

21 – 28 days 30% - or deposit, if greater

14 – 20 days 50%

7 – 13 days 70%

6 days or less 100%

Section 10 - What happens if you change my holiday?

The arrangements for your holiday will usually have been made many months in advance. Sometimes changes are unavoidable and we reserve the right to make them. Most of these changes are likely to be minor and we will do our best to keep you informed. We will tell you before your booking is confirmed if there have been any changes since the website was last updated.

If, after booking and before departure, we make a significant change to your holiday you will have the option of withdrawing from the holiday without penalty or alternatively you may transfer to another holiday without paying an administration fee. In either case we will pay you compensation according to the scale set out below.

A significant change would involve a change in departure date or departure point, location of resort or quality of hotel, (excluding single overnight hotels on touring holidays) or a change of mode when crossing the Channel.

If you withdraw from the holiday because we have made a significant change or if we have to cancel your holiday for any reason other than non-payment by you we will offer you the choice of:

A comparable replacement holiday if available; or

A replacement holiday of lower cost together with a refund of the price difference; or a full refund of the money you have paid.

When we have notified you of the changes and options available, you must tell us your decision as soon as possible and within any timescale we may need to set, bearing in mind the need to safeguard the holiday arrangements of other customers.

Scale of Compensation

We will pay you compensation for significant changes on the following scale:

Period before departure in which significant change is notified to you or your agent

Amount per person

More than 28 days Nil

21 to 28 days £10

14 to 20 days £15

7 to 13 days £20

0 to 6 days £25

Payment of compensation according to the scale set out above will not affect your statutory right to claim further compensation if, in all the circumstances, you remain dissatisfied.

Compensation will not be paid where the change is made as a result of events beyond our control, including war or threat of war, riot, civil strife, terrorist activity, industrial disputes, fire, quarantine, epidemic or health risks, natural or nuclear disasters, port and terminal closures and/or adverse weather conditions. You are entitled, if appropriate to be compensated by the Whytes Coach Tours for the non-performance of the contract except where:

A) The package is cancelled because the number of persons who agreed to take it is less than the minimum number required, and you were informed of the cancellation in writing within the period indicated in the description of the package.

B) The package is cancelled by reason of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised.

If, after departure, we need to make a change to a significant proportion of your holiday, we will do our best to make suitable alternative arrangements at no extra cost to you. If it proves impossible to make suitable alternative arrangements, or if you have reasonable grounds for refusing the alternative offered, we will arrange transport back to your point of departure or to an alternative location that we agree to.

Section 11 - What is the extent of your liability?

We accept responsibility if you or any member of your party is killed or injured as a result of an activity forming part of your holiday arrangements which you booked with us before your departure; or if any part of your holiday arrangements, booked with us in the UK, is not as described on our website or not of a reasonable standard; if the failure in your holiday arrangements or any death or personal injury is due to any fault on our part or that of our agents or suppliers whilst acting in the course of their employment. We do not accept responsibility if the failure, death or personal injury is not caused by any fault of ours or of our agents or suppliers, or is caused by you or someone not connected with your holiday arrangements; or if the failure, death or personal injury is due to unusual or unforeseen circumstances which, even with all due care, we, or our agents or suppliers, could not have anticipated or avoided. Where you, or any member of your party, participate in sports or any other activity that involves an element of risk whilst on holiday and this has been arranged completely independently of [Member’s name] it should be understood that participation is at the individual’s own risk and it is their own responsibility to obtain the relevant insurance.

For claims, which do not involve personal injury, illness or death, the most we will have to pay if we are liable to you is three times the price the person affected paid for their holiday (not including insurance premiums and amendment charges). We will only have to pay this maximum amount if everything has gone wrong and you have received no benefit from your holiday. Whytes Coach Tours do not accept any liability for any changes or delays to any form of transportation where this does not form any part of the holiday you have booked with us.

If you or any member of your party is killed, injured or becomes ill as a result of transport by ship, train or coach, any liability which we may have to pay compensation is limited in line with the Athens Convention (applies to transport by ship), the Berne Convention (applies to transport by rail) and the Geneva Convention (applies to transport by road). You can get copies of the relevant conventions from us if you ask. You should also note that these conventions may limit or remove the carrier's liability to you and the amount which the carrier has to pay you.

If we make any payment to you or any member of your party for death, personal injury or illness, you will be asked to assign to us, or our insurers the rights you may have to take action against the person or organisation responsible for causing the death, personal injury or illness.

Our suppliers (for such things as accommodation, or transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier.

Some of these conditions may limit or remove the relevant transport provider's or other supplier's liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier.

Section 12 - What do I need to do if I have to complain?

If you have a complaint during your holiday, you should tell the driver/representative or supplier at the earliest opportunity so that they can do their utmost to resolve the problem immediately. If they are unable to resolve the problem to your satisfaction, you should complete a Holiday Report Form, which is available from the driver/representative. You will be given a copy of this report, which you should keep. If, on your return from holiday, you remain dissatisfied, you should write within 28 days to the Tours & Excursion Manager. In your letter you will need to quote your booking reference number, holiday title, departure date and state you completed a Holiday Report Form at the time. If you do not tell us at the earliest opportunity about a problem, giving rise to your complaint, we cannot take steps to investigate and rectify it. In deciding how to respond to your complaint, we will take into account the date you first drew the problem to the attention of our driver/representative or supplier.

If I do not agree with your decision can I request arbitration?

Yes you can. If we cannot resolve your complaint amicably, you may request that the dispute is referred to an independent arbitration scheme established by the Confederation of Passenger Transport UK (CPT). Full details of this scheme will be provided on request or you can obtain a copy from CPT. This arbitration scheme provides a simple and inexpensive method of arbitration on documents alone, with restricted liability on the customer in respect of costs. This scheme does not apply to claims for an amount greater than £1500 per person. There is also a limit of £7500 per booking. Normally there is a time limit of 9 months from the date of return from your holiday within which to request arbitration, but in exceptional circumstances the scheme can be used beyond this date. This scheme does not apply to claims that arise mainly in respect of physical injury or illness or the consequences of any illness or injury.

Section 13 - Coach seating & specification

It is possible that on occasions operational reasons will require a coach with specifications different from those listed in the on the website to be used. This may include a change in seating configuration and we therefore reserve the right to alter a coach-seating plan and allocate seats other than those you have booked.

Requests for particular seats can be made on most holidays when booking but because allocations are made on a ‘first come, first served’ basis you are recommended to book early. When your booking is confirmed you will be offered the best seats that are available at that time. If you know someone who may want to book later but wishes to sit near you, please discuss this with the booking clerk at the time you make your booking. Specific seats will not be allocated on coaches, which operate on feeder services between joining points and main holiday departure points, or on coaches, which carry out transfers to and from seaports.

Section 14 - Health & Safety on holiday

In some foreign countries, standards of infrastructure, safety and hygiene may be lower than those to which we are accustomed in the UK. You should therefore exercise greater care for your own protection. Further information can be obtained from your GP or from your travel agent who can provide you with the leaflet "Health Advice for Travellers" published by the Department of Health.

Some people may be at risk from discomfort or deep vein thrombosis (DVT) if they remain immobile on a journey for a long period of time. If you are planning to undertake a bus or coach journey of more than 3 hours you should consult your doctor if you have ever had DVT or pulmonary embolism, a family history of clotting conditions, cancer or treatment for cancer, a stroke, heart or lung disease or if you have had major surgery in the past 3 months. We reserve the right to refuse any booking in the absence of a doctor's certificate confirming that you are fit to travel. During the journey we will provide comfort stops as frequently as possible. During these stops you are encouraged to get off the coach and walk around. Exercise reduces any discomfort, which may be caused by periods of immobility. During any journey you should drink alcohol only in moderation as it leads to dehydration.

Section 15 - Passenger behaviour

We want all our customers to have a happy and carefree holiday, but you must remember that you are responsible for your behaviour and the effect it may have on others. If you or any member of your party is abusive or disruptive or behaves in a way which, in our reasonable opinion, could cause damage or injury to others or affect their enjoyment of their holiday, or which could damage property, we have the right, after reasonable consideration, to terminate your contract with us. If this happens we will have no further obligations or liability to you. The coach driver/representative, ship's captain, or authorised official of other means of transport is entitled to refuse you boarding if, in their reasonable opinion, you are unacceptably under the influence of drink or drugs or you are being violent or disruptive. If you are refused boarding on the outward journey we will regard it as a cancellation by you and we will apply cancellation charges according to the scale in section 9. If the refusal is on the return journey we have the right to terminate the contract and will have no further obligations or liability to you.

Section 16 - ‘No smoking’ policy

We operate a strict ‘no smoking’ policy on all our coaches. We make frequent comfort stops.

Section 17 - Pets

We do not allow pets to be taken on our holidays. Registered Assistance Dogs will normally be accommodated on UK holidays but not on overseas holidays.

Section 18 - Pick up point, itineraries, travel documents and passport

You are responsible for ensuring that you are at the correct departure point, at the correct time, with the correct documents, and we cannot be held liable for any loss or expense suffered by you or your party because of an incorrect passport or late arrival at the departure point.

If you are a British citizen travelling outside the United Kingdom you must have a full UK passport valid for a minimum of six months after your scheduled date of return. Non-UK citizens must seek passport and visa advice from the consulates of the countries you plan to visit prior to making a booking for one of our holidays. The name on the passport must match the name on the ticket. If someone in your party changes name after the booking is made you must tell us immediately, so that we can issue the ticket in the new name.

When you have paid the balance, approximately 4 weeks prior to departure, we will send you or your booking agent all the necessary labels so that you receive them in good time for your holiday. Certain travel documents may have to be retained by us and your driver/courier will then issue them to you at the relevant time. If you lose a travel document after it has been issued to you we will require you to meet the direct cost charged by the carrier/supplier for the issue of a duplicate or replacement.

Whytes Coach Tours reserves the right to modify itineraries to conform with requests from the competent authorities in the United Kingdom and any other sovereign state through which the tour will operate.

Included excursions are detailed on the relevant brochure page and refunds will not be made for any excursion not taken. Optional excursions may be booked and paid for in resort but these will not form part of the package booked with us.

Admission fees to buildings, grounds etc. are not included in the price of the holiday unless otherwise stated on the relevant website page.

Section 19 - What happens if I am delayed?

Your travel insurance may cover you for some delays. In addition, where you are delayed for more than six hours in any one-day we will seek to minimise any discomfort and, where possible, arrange for refreshments and meals.

Section 20 - Do I need to take out travel insurance?

We strongly advise all our customers to take out travel insurance to cover medical and repatriation costs, personal injury, loss of baggage and cancellation charges. You do not need to take out our travel insurance, but you should have insurance, which is at least as good, or better than, the insurance we offer. If you do not have adequate insurance and require our assistance whilst on holiday, we reserve the right to reclaim from you any medical, repatriation or other expenses, which we may incur on your behalf, which would otherwise have been met by insurers.

If you do not advise us at the time of booking that you do not want to take out our insurance we will automatically add the premiums for our recommended insurance to your holiday price.

Section 21 - What assistance will you give me if things go wrong when it is not your fault?

If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity, which does not form part of your package travel arrangements or an excursion arranged through us in the UK, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you and any member of your party to £5000 per party.

Section 22 - Special needs

Unfortunately, many hotels overseas do not provide adequate facilities for guests with mobility problems or who suffer from other disabilities, but whether you are planning a holiday overseas or in the UK, please notify us before you book if you or any member of your party has special needs or suffers from any disability.

We are keen to plan arrangements for your holiday so that special needs and requests can be accommodated as far as possible. If you will need assistance or special facilities in the hotel, or may have difficulties in taking part in excursions or boarding and travelling on the coach or other means of transport, you must let us know in advance. Not all the holidays on this website may be suitable for you. We want you to enjoy your holiday and will try to help you select an appropriate trip. If you need advice or further information either you or your booking agent should contact the Tours & Excursion Manager.

Section 23 - Special requests

If you will require a special diet please tell us before booking, or as soon as you are medically advised, and send us a copy of the diet. We will notify the hotel or hotels on your holiday, but please note that some hotels may not have facilities to cope with special diets and we cannot be held liable for their failure to do so. Where we think this is likely to happen, we will tell you prior to your booking confirmation being issued so that you can exercise your right to cancel your holiday booking without charge. Any extra costs incurred must be paid to the hotel by you prior to departure from the hotel.

You should also detail any other requests - for example, low floor rooms, particular rooms or locations, on the special requests section of the booking form. We will pass your request to the relevant supplier but this does not necessarily mean that your request will be fulfilled. If a request can be fulfilled you may incur an extra charge, payable either to us or direct to the hotel. Please note that requests cannot be guaranteed unless we confirm on your booking confirmation that this is a guaranteed requirement.

Section 24 - Single Occupancy

Single occupancy of rooms when available may be subject to a supplementary charge and this will be shown on the appropriate website page.

Section 25 – Entertainment

Some of our hotels arrange alternative entertainment. Where this is part of the holiday, details are given on the respective website page. Where it is not specified it may still be available but is at the discretion of the hotel and is not guaranteed. It may be withdrawn if there is a lack of demand or for operational reasons.

Section 26 - Data Protection Act

In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we, and your travel agent, need to use the information you provide, such as name, address, any special needs/dietary requirements, etc.

We take full responsibility for ensuring that proper measures are in place to protect your information.

We must pass the information on to the relevant suppliers of your travel arrangements such as hotels, transport companies etc. The information may also be supplied to security or credit checking companies, public authorities such as customs/immigration, if required by them, or as required by law.

Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass information on to any person not responsible for part of your travel arrangements.

This applies to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. Please note that, where information is held by your travel agent, this is subject to your agent's own data protection policy.

Your data controller is Mr W Whyte. You are entitled to a copy of your information held by us. If you would like to see this, please contact us.

We retain your full contact details and other information in secure files and electronic storage facilities. We may use this information to contact you by mail, telephone or electronic means.

Section 27 - Publication date and details

This website was designed and developed by Covey McCormick for Whytes Coach Tours, Scotstown Road, Newmachar, ABERDEEN, AB21 7PP - December 2007.

Short breaks (looking for a quick getaway)

Download our brochures today

Pick up and drop off points