This page details the terms and conditions of sale and operations of services sold by Go-Where / A McKenna (hereinafter also referred to as “the company”, “our”, “we” or “us”), of The Old Staging House, Millbank Road, Clovenfords, Galashiels, TD1 3LZ, Scottish Borders, Scotland, UK. The term ‘client’ refers to the individual or organisation making the booking. Please take the time to read and understand these conditions prior to booking with us as they set out our respective rights and obligations. We also strongly recommend that you also read all the details set out in the web page relating to your trip prior to booking to ensure that you understand the itinerary and style of the trip you are undertaking.
These terms and conditions, together with any written information we brought to your attention before we confirmed your booking constitute the entire understanding and agreement between us and by completing a booking you are accepting these terms and conditions.
By submitting a booking form online, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
- He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services; and
- that you have made all others listed in the booking aware of these terms – regardless of how final payment is made – and that all clients accept and agree to be bound by these terms.
If you have any questions, please contact us.
Please note that dates, itineraries and prices are indicative only and you must contact us for the up to date price of the arrangements you are seeking to book.
3. ERRORS AND OMISSIONS
Although we have made a concerted attempt to verify the accuracy of statements made in our trip documentation, we cannot be held responsible for any error, omission or unintentional misrepresentation that may occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
4. BOOKINGS & PAYMENT
When you complete and return the booking form you agree to accept all these conditions and when we accept your booking we agree to carry out our obligations as defined to you in all materials sent to you from us. This agreement is made subject to, and must be interpreted and enforced by Scots Law.
To secure your booking a non refundable deposit of 50% of the total amount is required when the reservation is made, with the balance payable within 60 days of your booking commencement. Payment must be made in pounds sterling.
For bookings made less than 60 days before booking commencement, full payment is required at the time of booking.
We reserve the right to cancel your reservation if payment is not paid on time.
The booking is not accepted and no contract exists until the date shown on the confirmation email issued by us.
If the individual client making the booking is doing so for a group of two or more people they will automatically be allocated the status of ‘party leader’ and will be the primary contact and responsible person for all passengers and all information and matters concerning the reservation.
Prices quoted are based on shared accommodation, and may be subject to change without notice. A supplement may be charged for single room occupancy, as detailed in the tour information on our website. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion.
A detailed kit list will be sent to you upon receipt of your deposit/full payment, and meeting instructions and final trip arrangements will be sent to you two weeks prior to your trip start date.
The client is responsible for providing correct contact information including email and mobile phone number. Any failure in services resulting from us having incorrect contact information will be deemed to be the fault of the client and no compensation will be available. Booking forms must be sent back to us within seven days of any provisional booking.
Bookings will be confirmed electronically by email once deposit payment has been received.
Should this confirmation not be received, the client must contact us to raise the matter. This could be for various reasons including incorrect spelling of email addresses during the booking process.
Bookings requiring collection / drop-off at airports, train stations, bus terminals, ferry ports etc: it is the responsibility of the client to provide the correct pick-up and drop-off information (e.g. train / ferry / coach / flight arrival location, times and number, including the correct local flight times).
Any loss of service or extra charges incurred by the client as a result of any incorrect information being supplied to us will not be the responsibility of or compensated by the company.
6. AMENDMENTS AND CANCELLATIONS BY CLIENT
If you cancel your booking more than 60 days before the first day of your trip, you will receive a refund of monies paid, minus the non-refundable deposit (less non-recoverable costs including arrangement fees, administration costs, and Stripe debit / credit card fees from the original charge).
If you cancel your booking less than 60 days before the first day of your trip you will receive no refund on monies paid.
We strongly advise you to purchase trip cancellation and interruption insurance at the time of booking which will cover cancellation fees.
Bookings requiring collection / drop-off at airports, train stations, bus terminals, ferry ports etc: in the case of delays e.g. to flights, trains etc clients are asked to do their best to keep us informed of such delays by contacting +44 (0)7713151773. In such instances your booking is non refundable and non transferable, however, where possible we will always do our best to accommodate clients at the new time. In such instances it may be necessary to pay a surcharge for additional parking / waiting time.
For long delays, cancelled or diverted flights (likewise other forms of transport) clients will be required to rebook; tickets can be used as proof of purchase if clients wish to seek reimbursement through their travel provider or insurer.
7. AMENDMENTS AND CANCELLATIONS BY US
We will always try our best to avoid delays, cancelling or amending a trip, however, we reserve the right to change the itinerary advertised for any booking, at any time and for any reason, such as adverse weather conditions, forestry operations and other seasonal activities, e.g. deer culling, or, if the minimum number needed to operate a trip has not been met. In the latter case we will advise you no later than 28 days prior to departure. Please contact us before you book your travel to confirm that the trip has enough participants to run.
Where circumstances beyond our control force us to amend a trip, no deposits or payments will be refunded (please refer to Force Majeure).
In the event of circumstances that force us to cancel a trip you will be offered an alternative trip, or if this is unacceptable, receive a full refund of any deposit or payment you have made (less non-recoverable costs; Stripe debit / credit card fees from the original charge).
We are not liable for any additional expenses you incur through cancellation, amendments or unforeseen delays including, but not limited to, visas, vaccinations, travel insurance excess, or non refundable flights, train or bus tickets.
8. ACCEPTANCE OF RISK AND RESPONSIBILITIES AS A CLIENT
It is a fundamental booking condition that you accept certain activities such as mountain biking can be hazardous and may involve elements of risk or discomfort, and that you take personal responsibility for your own actions.
We take no responsibility for damage, death or injury caused to you or by you as a result of participation.
You must at all times participate within your own ability and always wear approved safety equipment.
You must confirm that you are fit to participate in your chosen activity and that you have informed us of any medical conditions affecting your participation in the activity. You must notify us of any specific medication and dietary requirements at time of booking.
If you have to drop out of a trip, although we will do our best to assist, you will be responsible for any travel arrangements or additional costs incurred.
For clients using our services to participate in outdoor activities e.g. cycling and mountain biking – it is the client’s responsibility to ensure the suitability of a route for their fitness, abilities and equipment.
For those participating in cycling and mountain biking – whether hired or belonging to you – it is your responsibility to arrive with and keep your bike in safe working order.
Helmets must be worn.
9. CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions.
We arrange accommodation and provide information to clients on accommodation available in various parts of Scotland.
Information provided to clients is for guidance only and if in any doubt, it is the client’s responsibility to assure themselves that the accommodation meets their particular requirements.
11. OTHER SERVICES
Upon request, we are happy to provide information to clients about a range of services and activities e.g. bike hire or various outdoor activities.
Where a client takes up the services of a third party, the terms and conditions of that company apply.
12. YOUR EQUIPMENT
Please note that we do not provide bikes or other cycling equipment directly as part of the tour, however, we do offer the option to hire bikes and other cycling equipment for the duration of the trip from third party companies. Please note that such hire does not form part of your arrangements with us and your contract for the hire is at all times with the third party hire company. In all circumstances, it is your responsibility to ensure you bring a suitable bike with you for participation in the tour, whether this is your own bike or one you have hired from a third party company. You accept that you are responsible for the condition and maintenance of the bike and any other such equipment you use on the tour.
Please note that whilst all reasonable efforts will be made by us to ensure the safekeeping of your bike, we cannot be held responsible for any loss or damage to your bike as a result of your participation in the tour or otherwise. We always recommend guest bikes are fully insured..
To make a booking you must be 18 years or over. Those under 18 years of age are not permitted to travel on their own, but may travel with a pre-booked parent or elected guardian. The conduct and behaviour of any client under the age of 18 is the responsibility of accompanying adults.
We have no upper age limit though we remind you that our trips can be physically demanding and a doctor’s declaration may be sought in some instances.
14. DISABILITIES AND MEDICAL CONDITIONS
We will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical condition or disability which may affect your participation in the arrangements, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. In certain circumstances, we may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
You must be adequately fit to cover the distances and undertake the program set out in your itinerary. If it is felt that any client is not sufficiently fit, healthy, properly equipped or able to complete the tour without affecting its safety, comfort or happy progress, the tour leader at any stage has the right to remove you from the tour.
Medical Treatment: It is a condition of your booking that in cases of emergency we have your authority to arrange any necessary medical or surgical treatments and to sign any required form of consent on your behalf.
15.1 VEHICLE CAPACITY
Our vehicles generally carry a maximum of eight passengers.
All customers are allocated space to carry two items of luggage (standard size bag or suitcase and one piece of hand luggage) plus one mountain bike.
Should a client present themselves for pickup with more than this allocation, without prior notification, then we reserve the right to charge an excess luggage fee to cover any additional costs or to refuse carriage of the extra luggage.
When we book other transport companies to carry out client’s journey, they are doing so as an agent only and the operating terms and conditions of the other transport company in question will apply.
We use vehicles in which all seats are fitted with seat belts. All passengers are required to wear seat belts in any vehicle(s) we operate.
It is the responsibility of parents or guardians of any passenger under the age of 16 to ensure that their seat belts are fastened properly and for the whole duration of any journey.
The consumption of alcohol is not permitted in any vehicle we operate.
We reserve the right to refuse transport services to any passenger who appears to be under the influence of alcohol or drugs or who is behaving in an abusive or threatening manner towards our staff or other passengers. This right is delegated to all members of our staff including drivers and representatives.
Smoking is not permitted in our vehicles.
Any passenger who soils a vehicle operated by our company shall be responsible for an immediate charge of £100 to cover cleaning costs.
Any damage caused to a vehicle, either internal or external, must be paid for, in full, by the client at the time of the incident. In cases where this charge cannot be paid or payment is refused all future reservations will be cancelled and no refund given to the clients. We reserve the right to terminate transport services immediately should this situation arise. If payment cannot, or will not, be made then we will be forced to take legal action against the customer(s) in question.
Clients must not leave litter or rubbish of any kind in the vehicle.
Although we will make every effort to ensure the safe carriage of your property, the property of the client is carried at their own risk and no responsibility for any loss or damage can be accepted by our company.
Please ensure that your luggage is adequately insured.
We will take all reasonable care when transporting bikes; however we are not responsible financially for any damage caused by a third party during our trip, as a result of off road cycling or during transit to the start point of the trip.
All luggage should be clearly labelled with the owner’s name.
17. SPECIAL REQUESTS
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.
19. CHANGE OF ITINERARY
While we endeavour to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.
After departure: We reserve the right to change an itinerary after departure as a result of weather, local circumstances or events outside of our control. In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. In this case, we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary.
20. AUTHORITY ON TOUR
Our group trips are run by a Go-Where guide. The decision of the guide is final on all matters likely to affect the safety or well-being of any person participating in the trip. If you fail to comply with a decision made by a guide, or interfere with the well-being of the group, the guide may order you to leave the trip immediately, with no right of refund. In such a circumstance, where a traveller is removed from the trip, we accept no responsibility for their transfer back to the tour end point or any costs incurred therein. Any transport arranged for the traveller in question will be at our discretion.
We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, and local regulations.
Clients are required to take out adequate insurance to cover themselves and their luggage for travel, and for all sports and activities they intend to take part in as well as for extra costs and charges incurred from delays, cancellations, rescheduling, repatriation or any other factors outside our control. WorldNomads offer policies specially designed for adventurous tours like ours. You can arrange your insurance cover directly with them by visiting worldnomads.com. We ask that you send us your policy details prior to trip departure.
22. CONSUMER PROTECTION
FINANCIAL FAILURE INSURANCE
A McKenna trading as Go-Where Scotland is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ‘The Package Travel, Package Tours Regulations 1992’ all passengers are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Go-Where Scotland. This insurance has been arranged by Towergate Chapman Stevens through Zurich Insurance PLC.
Claims: In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at firstname.lastname@example.org. Please ensure you retain the booking confirmation form as evidence of cover and value.
Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place.
23. LIABILITY AND COMPENSATION
Our responsibility does not commence until the appointed time at the designated meeting point.
If you fail to arrive there at the appointed time for whatever reason, we will not be responsible for any additional expenses incurred by you to meet up with the group.
We shall not be held liable for any damages caused by the total, or partial failure to carry out the contract if such failure is due to the theft of bicycles or injury as a result of cycling either on or off road and in particular injuries as a result of either inadequately maintained and serviced personal equipment or failure to wear the correct safety equipment most notably cycle helmets.
We will accept liability for our negligence causing direct physical injury to passengers only to the extent that it is obliged under Scottish law.
We cannot accept any liability in the event of delay and resulting costs incurred by the client due to circumstances out of their control. These circumstances can include, but are not limited to, the following examples:
- Road traffic accidents causing delays
- Deaths or accidents causing injury on the roads
- Vehicle breakdowns
- Unforeseen problems caused by other passengers
- Industrial action
- Civil unrest
- Any action of a third party that damages vehicles
- Severe weather conditions
- Actions of the police, customs officers or any other government officer that results in delay
- Force Majeure* (e.g.: war, natural disaster, pandemic, act of god etc)
*Except where otherwise expressly stated in these Terms & Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include but are not limited to, war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office or any other government agency to avoid or leave a particular country may constitute Force Majeure.
Where damage relates to damage caused by the provision of road, rail, river or sea transport, or hotel accommodation, any compensation payable will be limited by the Athens Convention 1974 (sea), the Berne Convention 1961 (rail), and the Paris Convention 1962 (hotel accommodation).
Any independent arrangements you make which are not part of the trip are entirely at your own risk.
We are covered by public liability insurance; by completing our booking form you acknowledge that we have taken all reasonable steps to safeguard its liability in this respect.
In the event that any term or condition contained in these Booking Terms and Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason than such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.
A McKenna T/A GO-WHERE, its owners, employees, affiliated entities, agents, representatives, officers, directors, associates, volunteers, successors and assigns (collectively, “the company”), which acts only as an intermediary for its suppliers, assumes no responsibility for and cannot be held liable for any negligent or wilful act or omission of any supplier, or of any other person or entity.
A supplier’s services are subject to the supplier’s own terms and conditions, as well as the local laws and regulations of the relevant country.
24. RELEASE OF LIABILITY WAIVER
By booking the Services provided by Go-Where Scotland / A McKenna (hereinafter also referred to as “the company”, “our”, “we” or “us”), of Old Staging House, Millbank Road, Clovenfords, Galashiels, TD1 3LZ, Scottish Borders, Scotland, UK, you or anyone else you are booking on behalf of ("you" or "your"), is deemed to have read, understood and agree to the terms of this notice and as such have provided all relevant information required.
In this notice "Services" includes all activities, events, services, or use of facilities provided, arranged, organized or conducted by the Company including all mountain biking activities including, but not limited to, guided tours, excursions, lessons, camps and group and private coaching and instruction.
You acknowledge that there are numerous risks and dangers involved in your use of the Services and that you are voluntary booking the Services and also acknowledge that there are other actions, omission, or conditions (including but not limited to weather conditions) out with the control of the Company that may occur during your use of the Services.
- Furthermore, you hereby agree to defend, indemnify and hold harmless the Company from and against any and all liabilities, judgments, claims, settlements, losses, damages, penalties, obligations and expenses, incurred or suffered by any person arising from, by reason of, or in connection with any loss, damage or injury to any person or property arising from, by reason of or in connection with, use of the Services by you or any of your party.
When using the Services you agree you:
- will follow all instructions, guidance and information provided by the Company, its guides/coaches, instructors or representatives in relation to the Services;
- will wear appropriate clothing and equipment during your use of the Services;
- must not be under the influence of drugs or alcohol or any medication which may affect your ability;
- are responsible for all equipment and property belonging to you and that any equipment you have chosen to use is in good condition prior to using the Services; and
- are responsible for the supervision and behaviour of all persons of all ages using the Services in your party.
MEDICAL / HEALTH
You warrant that you are in good health and have no medical conditions or disabilities that the Company requires to be made aware (including but not limited to the information requested on the booking form) that may restrict or impede your ability to participate in the Services, and that where relevant, you will provide all necessary medication or aids that may be required in the event of a known medical issue and you consent to receive appropriate medical treatment in the event of injury, accident, and/or illness during use of the Services.
If these terms are being agreed to by a parent or legal guardian on behalf of a child who is a below the age of 18, the parent or legal guardian acknowledges that he/she is agreeing to these terms on behalf of him/herself and on behalf of the child, and that the child is bound by all the terms of this notice.
This notice shall be binding to the fullest extent permitted by law. If any provision of these terms is found to be unenforceable, the remaining terms shall be enforceable.
You acknowledge that this notice is governed by the law of Scotland and that the Scottish courts have exclusive jurisdiction.
Any dispute between our company and a client or third party that is not resolved by an agreement acceptable to both parties shall be referred to an intermediary. If this is not successful then the matter shall be dealt with through the Scottish court system.
All information, including contact details, supplied to us by the client during the booking process will remain confidential and will not be shared with any companies or organisations. The only exception to this will be in cases where we arrange third party services e.g. a vehicle(s) from third party transport companies to assist in the delivery of booked services.
We reserve the right to update and/or alter these terms and conditions at any time.
It is your responsibility to be familiar with these terms and conditions.
Photographs and videos: any likeness or image of you secured or taken on any of our trips may be used by the company without charge in all media (whether now existing or in the future) for bona fide promotional materials of any kind, such as brochures, videos and the internet.