1. Terms and Conditions affecting visitors to the site
These are the terms and conditions which all users of the website www.welcometoscotland.com (“the Site”), by making bookings through the site, agree to.
Parties making bookings through the Site (“Users”) acknowledge that the content of all services listed in the Site is the sole responsibility of the providers of such services (“Providers”) and accordingly Welcome to Scotland (“WTS”) cannot and will not be held liable for any misrepresentation in such information and/or any resultant loss sustained by the User in such event.
All transactions made by the User are done so directly with the Provider and accordingly WTS cannot and will not be held liable in the event that a Provider, for whatever reason, fails to deliver the stated service(s) and in no event shall WTS be held liable for any loss the User sustains due to any such failure.
These terms and conditions (“the Terms”) set out the basis upon which we, Visitor Centres Limited (Company Number SC45749) (“Welcome to Scotland”), will provide the Services, as defined below, to you. By accepting these Terms, you are agreeing to be bound by them. These Terms exclude and take precedence over any terms which you may seek to introduce.
Welcome to Scotland operates a service through our web-site http://www.welcometoscotland.com (“the Site”). This web based service provides an extensive listing of vacation accommodation through-out Scotland and acts as a Scottish accommodation, activities, attractions, events, and eating out directory.
2.1 We will list your accommodation, activities, attractions, events, and eating out business on the Site using the information which you provide to us on completion of your online advert and maintain this listing until the agreement has been terminated. Our pricing structure for providing you with the Services can be found on the Site.
2.2 Those wishing to enquire about your accommodation shall complete the Accommodation Request form which is available on the Site and submit it to us. We shall refer the enquiry to you to confirm availability on the date (s) in question and for the number of persons specified, and shall advise the customer accordingly. If the customer wishes to make the reservation, s/he should confirm the details of the reservation by e-mail which you may then accept. At this point, the customer enters into a contract with you. As Welcome to Scotland simply acts as an agent in the transaction, it is not a party to the booking contract.
2.3 When the contract has been concluded, you should send out some form of written confirmation (by email or post) to the customer setting out the confirmed details of the reservation.
2.4 You shall provide us with appropriate details about your accommodation (which may include a picture and/or a link to streaming video) for posting on the Site. You warrant that this information is accurate and up to date (including, but not limited to, details of prices, availability, facilities, amenities, representations about the property or its location and all other relevant property information) and does not infringe the intellectual property rights of any third party. You agree to fully indemnify Welcome to Scotland against any and all losses, damages, claims and expenses (including legal fees) which we may incur as a result of you providing us with information which is inaccurate or misleading or which infringes the intellectual property rights of a third party. In the event that you breach this obligation, any accommodation, activities, attractions, events, and eating out business which you have featured on the Site will be removed immediately.
2.5 You agree to respond to any reservation enquiry promptly and in any event within 48 hours of us sending the request to you. You shall ensure that the availability information which you provide to us is accurate and up to date. You shall also provide details of any reservation terms and conditions which you may have (and upon which you may later seek to rely), including, in particular, payment arrangements, cancellations, changes to reservations and refunds. We advise guests that, as a matter of industry practice, they will be charged for their first nights’ stay if they cancel within 48 hours of the day on which they are due to arrive. If you have specific terms of cancellation, you should give the customer notice of them.
2.6 In the event that you cannot honour a guest’s reservation due to some error or oversight on your part (or by some party acting on your behalf) you agree to arrange alternative accommodation of an equal or better standard for the guest(s) in question and meet the additional cost (if any) for the accommodation in question. You shall also be responsible for arranging complimentary transport for the guest(s) to the alternative accommodation.
2.7 We shall endeavour to ensure that the Site is live and operational at all times. However we may from time to time have to take the Site off-line for repair, maintenance or development purposes. Also, the Site may go off-line because of circumstances beyond our reasonable control. In these circumstances, we shall not be liable to you or any third party for any interruption or delay in the operation of the Site, any inability to access the Site or any failure to provide the Services.
Duration and Termination
2.8 Unless otherwise agreed, this agreement will be for a minimum period of one year, after which we will keep your details on file and your advert will revert to a “free listing” containing only your business name, location, address and contact details. You can reinstate your advertisement at any time.
2.9 We may terminate the agreement with immediate effect at any time by giving you written notice to that effect and we reserve the right to remove your accommodation from the Site at our discretion.
2.10 Welcome to Scotland’s total liability to you in contract, delict or tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance (or non-performance) of this agreement shall be limited to and shall not exceed the yearly amount you pay to us for our Services as detailed on the Site.
2.11 We shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, interruption of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation which arise out of or in connection with this agreement.
2.12 Nothing in this agreement seeks to exclude or limit our liability for death or personal injury caused by our negligence.
2.13 The content of this Site (except where otherwise stated) is copyright © Welcome to Scotland. This agreement does not confer any express licence in your favour to use any part of the Site for your own commercial purposes, nor may any such licence be implied. Unless agreed otherwise in writing, you may only use the trade name “Welcome to Scotland” or any other trade name or mark used by us in connection with the Services and/or the Site to show that you are affiliated to us. Any other use is prohibited. You shall cease using any of our trade names immediately upon receiving written notice from us to that effect.
2.14 Where you provide material to us for inclusion on the Site, you grant us a non-exclusive, perpetual, royalty free licence to use the material for any purpose whatsoever.
2.15 Welcome to Scotland takes the privacy of visitors to the Site very seriously. When someone has booked your accommodation through the Site, we will provide you with that person’s details and those of the other members of their party. This data will be transferred to you in compliance with the Data Protection Act 1998 and, upon receipt, you will be a data controller in your own right in terms of the Act. Accordingly, you will have obligations under the Data Protection Act 1998.
2.16 If any provision of this Agreement is said by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected thereby.
2.17 This Agreement shall be governed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
If you have any questions regarding the Services please contact:
Vistor Centres Ltd, Welcome to Scotland, Landmark, Carrbridge, Inverness-shire, PH23 3AJ
All images and media on this website have been used in accordance of the owners of such images and media where the identity of those owners were known, following reasonable enquiries, by Welcome to Scotland. In the event that you think any image or media use on this website infringes any copyright please inform us immediately and will take all necessary steps to ensure that any such image or media is forthwith altered or removed as appropriate.