Terms & Conditions

Photography: David Win, DRW Photography. Gillian Renilson. Graham Stevenson. Haley Plotkin. Jamie Ross. John Duncan, VisitScotland. Kasia Hetman. Kay Gillespie, The Chaotic Scot. Kenny Lam, VisitScotland. Liam Power. Paul Tomkins, VisitScotland. Richard Nixon. Sally Stevens. Scottish Viewpoint. Shetland Amenity Trust. Skye Class. Stephen Bridger Photography. The Royal Edinburgh Tattoo. Heidi Ahvenainen. John Duncan, VisitScotland. The Lovat, Loch Ness. Highland Explorer Tours - Terms & Conditions

Once the Operators, as detailed in Clause 14 below, (hereinafter referred to as “the Operator”), confirm your booking, a contract is made between you and the Operator under the terms and conditions set out below. Your statutory rights are not affected. In a booking with more than one passenger the ‘lead passenger’ will be deemed to have accepted the terms and conditions on behalf of all passengers within the booking. The ‘lead passenger’ is the passenger who makes the booking on behalf of all passengers in a multi-passenger booking and is named in the ‘lead passenger’ field within the booking. Within these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added at a later date). 1. Booking/Acceptance 1.1 The Operator accepts a booking on the understanding that a deposit or full payment has been collected and held either by the Operator directly or by an authorised Travel Agent on the Operator’s behalf. Bookings made via the Operators’ own websites are considered as made with the Operator directly. 1.2 On confirmation of your booking, subject to availability and at the Operator’s discretion, the Operator will reserve your place(s) on your selected product(s) “tour(s)”. It is your (or on bookings involving more than one person, the lead passenger’s) responsibility, as the customer, to check the accuracy of your booking including your travel dates. A contract is only made between you and the Operator upon your booking being confirmed and accepted through written communication thereof to either you or your authorised Travel Agent (hereinafter referred to as “confirmation”). 1.3 On confirmation of your booking, a Booking Statement confirming ‘Full Payment’ and an e-ticket will be sent to either you or your Travel Agent for fully paid bookings. A Booking Statement indicating the amount paid and an e-ticket will be sent, for bookings where only a deposit or lesser amount has been paid. 1.4 In order to reserve your tour: 1.4a) Tours costing 200 GBP / 400 AUD / 360 CAD / 240 EUR / 500 NZD / 340 USD / 2,000 ZAR or less: full payment must be made at time of booking. 1.4b) Tours costing more than 200 GBP / 400 AUD / 360 CAD / 240 EUR / 500 NZD / 340 USD / 2,000 ZAR a non-refundable flexi-deposit of 50 GBP / 200 AUD / 100 CAD / 75 UR / 200 NZD / 100 USD / 1,000 ZAR per person per tour is required, but if the booking is made within 45 days of the nominated departure date the full amount payable must be made at the time of booking. This payment is in addition to any deposit required by your Travel Agent. The deposit is accepted as a first instalment of the total tour price by the Operator only once the booking has been confirmed in writing by the Operator or your travel agent. Please note that there is no deposit option for the Up Helly Aa Viking Fire Festival Tour or the Mull & Iona & Staffa Puffin Experience, Shetland Summer Solstice and Islay Festival of Music, Whisky & Culture Festival tours). Full Payment has to be made at the time of booking and normal cancellation fees apply (see 3.1). 1.4c) The outstanding balance of the tour price must be paid by no later than 45 days prior to the scheduled, nominated or confirmed tour departure date or the payment date specified in any promotion, which shall be by the due date stated on the confirmation issued to you. Whilst every endeavour will be made to remind you of the payment due dates, it is your responsibility to make this payment in full by the due date. If payment is not made to the Operator or to your authorised Travel Agent (for Agent bookings) by the due date, the Operator will assume that you have cancelled your tour and cancellation charges in accordance with clause 3 below will be levied by the Operator 1.4d) Booking Statements confirming ‘Full Payment’ will not be issued until full payment has been received by the Operator or authorised Travel Agent. 1.5 In the case of bookings made within 45 days of tour departure, the full cost of the tour will be payable immediately at time of booking 1.6 The Operator reserves the right to cancel the booking and apply cancellation charges should full payment not be received within the above specified periods. 1.7 If you wish to book to travel at student prices, you must have an ISIC, ITIC or ISE student ID card or a Student Flights ID Card, valid at time of and for the duration of your travels with the Operator. Photocopies or confirmations of purchase will not be accepted. 2. Travelling 2.1 The Operator’s e-tickets / Booking Statements confirming ‘Full Payment’ are not transferable. Your e-ticket / Booking Statement indicating that full payment has been made must be produced at any time at the Operator’s request. You will also be required to produce your valid passport, and the valid student ID card used when booking for travel at student prices, each time you travel. A valid passport is required as proof of identification for all tours. 2.2 Baggage is restricted to one reasonable sized suitcase or backpack and one small carry-on bag per passenger (maximum combined weight 15kg). Carry-on bags must not weigh more than 10kg. Baggage in excess of these limits may not be carried. 2.3 It is your responsibility to check-in with the Operator not less than 15 minutes prior to the specified departure time. The Operator will not be liable for any service that departs or returns later than its specified time, even if as a result you miss a connecting service. The Operator will use its best efforts to ensure that departure and return times are met. 3. Cancellations & Changes 3.1 Cancellation of your booking must be in writing to either the Operator (for direct or website bookings) or the authorised Agent through which your booking was made. If your booking was made through an authorised Agent, all amendments and cancellations must be made directly through the Agent and not with the Operator (the Agent may also levy cancellation charges in addition to those noted below - please check with the Agent at time of booking). When written notification has been received by the Operator, a fee will be levied to cover the costs incurred. The amount of the cancellation fee will be dependent on the number of days prior to the departure date of the tour (not including the day of departure or the day of notification). 3.2 Flexi-Deposit: If you need to cancel for whatever reason, where written confirmation is received by the Operator from you or your authorised Agent at least 45 days notice prior to your confirmed or nominated departure date, your deposit value will remain as a credit on your booking available to use against another trip. One deposit amount can be credited per trip. Deposits cannot be combined or applied to existing bookings. No refund of the deposit will be applicable. Where the new trip departure is within the 2022 operating season (defined as the period covering all scheduled departures), this must be confirmed in writing to the Operator minimum 45 days prior to the new departure date. 3.3 Cancellation of individual passengers from a multiple booking where a group discount applies (e.g. ‘Mates’ Rates’ discount) will mean that the discount applied at the time of booking will be forfeited, due to the qualifying criteria no longer being met. If the cancellation results in the qualifying criteria no longer being met, then the total price payable for the remaining passengers on the booking will be adjusted, and any forfeited discount will be reclaimed through deduction in calculating any refund due to the cancelling passengers. The following cancellation policies apply: The below cancellations fees are levied from periods of notice given prior to confirmed/nominate departure date as % of the total trip fare.

3.4 Product Cancellations Cancellations from 45 days

Full fee outside 45 days until full fee threshold threshold Highland Explorer Flexi-Deposit 45-22 full days prior 21 days or less Standard Trips (3.2) to departure -25% fee 100% fee Highland Explorer 50% fee 45-22 full days prior 21 days or less

Festivals, Events (3.5) to departure 50% fee 100% fee Highland Explorer No fee No fee 24 hrs prior to departure Day Tours or less - 100% fee * Upgrades and Add Ons do not qualify for a deposit payment. and attract 0% fee if cancelled with the connected product outside 45 days. Please see table above. * For trips that do not qualify for a deposit option when booked more than 45 days prior to the confirmed / nominated departure date, any cancellation outside 45 days will levy the same fee as per cancellations from 45 days until the full fee threshold. 3.5 Festivals & Special Events & Add On Products: (Special conditions apply to non-standard products). Festivals, Special Events including Highland Games tour, Edinburgh Military Tattoo tour, Up Helly Aa, 4 day Islay tour, 4 day Mull tour, 6 day Shetland tour & Add On Products: (Special conditions apply to non-standard products see table 3.4). 3.6 Private Group / Bespoke Tour – specific cancellation fees apply to each Tour, the Operator will inform you of these prior to payment. A non-refundable deposit will be required at time of booking to cover any accommodation, third party supplier, meal and attraction costs. Where bookings include entrance fees to attractions, accommodation, involve accommodation upgrades or specific accommodation requests any cancellation fees incurred by the Operator will be passed on to you in addition to the standard Private Group / Group Tours refund policy. 3.7 For requests including upgrades to private rooms or other special accommodation requirements, a non-refundable deposit may be taken when the upgrade is confirmed. 3.8 Any changes of departure date or tour within 45 days of departure but prior to the full fee threshold (as defined in clause 3) will incur an administration fee of 25 GBP / 45 AUD / 45 CAD / 45 NZD / 45 USD / 30 EUR / 400 ZAR per person per tour, subject to availability and charges in lieu of clauses 3.10 or 3.11 where the new departure date/tour must be immediately nominated. These changes may result in the loss of any special discounts applied to the originally booked Tours and are in addition to any fees that may be levied by your Travel Agent. 3.9 Tour changes to one of a lower value or seasonality will result in the loss of any special discounts applied to the originally booked tour and will be subject to an administration fee equivalent to the cancellation fee on the original Tour booked. 3.10 Tour changes to one of higher value or seasonality will require the difference in price to be paid. This may also result in the loss of any special discounts applied to the originally booked Tours. 3.11 If the reason for your cancellation is covered under your insurance policy, you may be able to make a claim under that policy. 3.12 No name changes are permitted. 3.13 The Company reserves the right to cancel tours where the minimum number of passengers is not reached. In such cases, the Company’s liability to the Customer is either the full return of monies paid for the tour or provision of a suitable alternative tour as agreed with the Customer. Highland Explorer Tours is not liable for any cancellation or change cost or penalties incurred on other travel arrangements, including air travel, that may be affected thereby. Highland Explorer Tours is not responsible for other travel arrangements that you or your party have made outside Highland Explorer Tours and which are affected by our cancellations. 3.14 Cancellation due to Force Majeure Events – If Highland Explorer Tours cancels a trip as a result of a Force Majeure Event, Highland Explorer Tours will provide an alternative comparable trip (if available). If an alternative is not available you will be offered a future travel credit or a refund. No compensation is payable in these circumstances. Where a trip is terminated mid-trip due to a Force Majeure event, if we provide you with any alternative services or assistance (such as hotels or travel) then you agree to pay for these costs. 4. Your Responsibilities 4.1 COVID-19 - An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. We ask that you please take personal responsibility for your wellbeing. This begins with packing any personal protective equipment and sanitisers you require. Please adopt physical distancing and hygiene practices throughout your pre-trip travel arrangements and follow all health instructions whether physical signage, or requests from our professional staff, once you are holidaying with us. To travel with Highland Explorer, you voluntarily assume all risks related to exposure to COVID-19. Full details of hygiene protocols can be found on our website. 4.2 The tour products offered are forms of transportation. For this reason the Operator’s representative cannot offer constant special attention or assistance should you have any physical disability requiring such attention. 4.3 Passengers must be aged 5 or over and be accompanied by a person 18 years or over. For tours of more than 1 day passengers must be aged 18 years or over on date of travel commencing. The Operator may, at its absolute discretion, and in exceptional circumstances, give confirmation of acceptance of a person outside this age restriction, provided that they are accompanied by a responsible person of 18 years or over. There is no upper age restriction. 4.4 Passengers with specific physical or medical requirements. We will try to accommodate any passenger on tour but due to the nature of the product, we are required to consider specific physical or medical requirements on a case by case basis. We also ask that all passengers familiarise themselves with our Accessibility Statement. We will do our best to accommodate any passenger who may have specific assistance requirements provided they are accompanied by a companion capable of providing such necessary assistance and do not require special assistance from the Operator’s personnel. Any medical or physical condition requiring third party attention or treatment must be advised in writing to our Reservations Team when the booking is made. We ask that any special requests or requirements concerning travel arrangements or accommodation also be made at time of booking to ensure we can provide the best service possible. If submitting such notification, it is your responsibility to ensure it is acknowledged with your booking confirmation. The Operator cannot guarantee travel in the absence of such an acknowledgement. We will pass on any reasonable requests to the relevant suppliers but cannot guarantee that your requests will be met. The fact that a special request has been noted on your confirmation invoice or on any other acknowledgement is not confirmation that the request will be met. Failure to meet any special requests will not be a breach of contract on our part unless the request has been specifically acknowledged and confirmed as guaranteed by our Operations Team. The Operator reserves the right to refuse to carry anyone if it is felt that the individual cannot cope with the requirements of the tour and who may require services and facilities that the Operator cannot guarantee will be available. The nature of the tours means that not every type of disability can be accommodated despite reasonable endeavors of the operator. Most tours involve getting on and off coaches, trains, boats or ferries, sitting for long periods on coaches without toilet facilities, walking and other physical activities which may involve steps and stairs at sightseeing stops, visitor attractions and accommodation units. Coaches are not adapted to carry wheelchairs and do not have ramps, lift or low floor access. Collapsible wheelchairs can generally be carried in the luggage hold but you must check in advance with our Reservations Team to ensure that this is the case for your tour. The Operator cannot carry any motorised wheelchairs under any circumstances. You agree not to hold the Operator responsible for any decision made by them or by any service provider to refuse to carry you, provide any facilities or accommodation to you, or to provide any service to you in the absence of written acknowledgement and acceptance of your special request or of your specific assistance needs from our Reservations Team. Please note that 100% cancellation charges would apply in these circumstances. 4.5 It is your responsibility to have a valid passport and all necessary visas, permits and certificates on your person for your selected itinerary, to have all necessary vaccinations and to comply with applicable laws. Schengen Visas – it is your responsibility to have your passport stamped on entry to the European Union. The Operator will not allow you to travel if you do not have a valid visa for your destination. The Operator will not allow you to travel without a valid passport. 4.6 You agree to comply with the authority of the Operator’s representative and the laws and regulations of the countries visited, including customs and foreign exchange restrictions. If you do not do so, you may, at the discretion of the Operator’s representative, be asked to leave the tour. No refunds will be issued in such circumstances. 4.7 We at Highland Explorer Tours (The Travel Corporation) take the data privacy of our travellers and guests very seriously and are committed to abiding by the associated governing laws. Please be notified that from time to time our Travel Directors may organise group photo opportunities as part of trip experiences. Such photos may be shared to our company social media channels such as Facebook, Instagram, Twitter or LinkedIn. We will not share the image with anyone for any use other than for Company promotion. Please remove yourself from the group photos organised by the Director if you choose not to participate. 4.8 You agree that the Operator may use any text written in comments books, recorded in customer surveys or input to online forums, in brochures, websites and/or advertising and publicity material without obtaining any further consent or payment in respect of comments. 4.9 There may be times when the Operator’s personnel and/or representatives have to make a decision in the interests of safety. It is a condition of booking that you comply with the authority and decisions of the appointed representative of the Operator. If you do not comply with the said representative or are not compatible with the general enjoyment and well-being of members of the tour, the Operator reserves the right to refuse to allow you to continue the tour. In such a case the Operator will not be liable for any refund, compensation or any additional costs incurred by you. The Operator cannot accept liability for the behaviour of others on your tour nor if any facilities are curtailed as a result of their actions. 4.10 The Operators do not tolerate any form of abuse, verbal or otherwise, of its personnel. Any person abusing or threatening the Operator’s personnel or associated representatives will automatically forfeit their right to onward travel. 4.11 You are responsible for looking after your personal belongings whilst travelling. The Operator cannot be held responsible for any personal belongings left behind or damaged on any tour irrespective of the circumstances. 4.12 It is the responsibility of the individual passenger and authorised Travel Agent on the passenger’s behalf, to check the accuracy of dates booked upon receipt of their Booking Statement confirming ‘Full Payment’. 4.13 If you paid a Student price on booking, you will be required to prove this entitlement at check-in for each departure by exhibiting a valid ISIC, ISE or ITIC student card or Student Flights ID Card. Should you not be able to do this, you will be charged the difference between the full tour price and the student discounted price in addition to an administration fee of 25 GBP / 45 AUD / 45 CAD / 45 NZD / 45 USD / 30 EUR / 400 ZAR. 4.14 The Operator has a zero tolerance policy on possession of illegal drugs or substances. Any passenger deemed to have breached this condition by the Operator will automatically forfeit their right to onward travel and any associated refund. 4.15 By booking a trip that includes Multi-share accommodation, you acknowledge that the Operator and / or its representatives is unable to confirm if the room allocation is single gender. 4.16 SAFETY Where the guest occupies a motorcoach seat fitted with a safety belt, neither Highland Explorer Tours or the Operator nor its agents or co-operating organisations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances. 5. Local Tours and Excursions 5.1 You may have the opportunity to purchase local tours or excursions from the Guides/On-Board Guides / Check-in Staff. These local tours and excursions are run by local Operators and you will be subject to their terms and conditions. 5.2 Local tours and excursions purchased via Guides / On-Board Guides / Check in Staff are non-refundable. It is your responsibility to meet the tour at the designated departure point and time. Travel on local tours and excursions will only be permitted on presentation of the official Guides / On-Board Guides / Check in Staff issued voucher to the named local Operator. 5.3 Local tour and Excursion vouchers that are lost or stolen cannot be replaced. 5.4 Please note that prices printed in brochures are correct at the time of print and maybe subject to change. 6. Insurance 6.1 There is no travel insurance cover included in the price of any ticket, tour, trip or product represented on the website. 6.2 TRAVEL INSURANCE – Travel insurance is required for all passengers covering all applicable dates of travel with Highland Explorer. This insurance must cover; trip interruption, personal injury, medical expenses, evacuation and repatriation cover including during pandemic events. The choice of insurer is yours. We recommend you purchase your insurance at or soon after booking your trip. Highland Explorer Tours will not be held liable for any costs incurred by the passenger resulting from their failure to obtain adequate travel insurance. 7. Changes by the Operator 7.1 Prices in brochure and website are based on costs and exchange rates at September, 2021. Should these costs change it may be necessary to make a surcharge on the price of your tour. Should the total tour price increase by more than 10% you will have the right to cancel within 7 days of notification without penalty. 7.2 No surcharge in respect of costs or currency fluctuations will be made once payment of the deposit for your tour has been received. This guarantee excludes fuel surcharges and does not apply to any taxes, charges or levies imposed by any Government or their Agencies. In exchange for these guarantees, no refund will be made if costs are reduced. The surcharge will only be made where the increase in cost will affect the price of the tour by more than 2%. 7.3 The Operator reserves the right to vary, modify or cancel any itinerary, either part or wholly. If this is necessary, they will substitute alternative arrangements of comparable value, or at the Operator’s discretion provide a full or partial refund. 7.4 If access to any country or area is prohibited for reasons of force majeure (i.e. circumstances such as political unrest, war or threat of war, riots, civil strife, closure of airports or ports, industrial disputes, terrorist activity, natural and nuclear disasters, fire, epidemic or health risk, Acts of God, adverse weather conditions or other similar events beyond the Operator’s control) the Operator reserves the right to amend or alter the product, or fully or partially withdraw the programme. If the Operator cannot offer suitable substitute services, you will be entitled to a refund (less reasonable expenses incurred by the Operator in respect of your booking). The amount of the refund will be calculated pro-rata based on used portion of the tour. 7.5 The Operator reserves the right to alter or substitute the type of vehicle mentioned in the brochure or websites. 8. Weather Conditions Under no circumstances can the Operators be held responsible for any delay, deviation or cancellation due to weather conditions, nor can any tour be cancelled or amended by you at any time on the basis of weather conditions. 9. No Smoking Policy The Operators operate a No Smoking Policy on all their vehicles and properties and this includes e-cigarettes. 10. Complaint Procedures and Data Protection 10.1 If you have a complaint in respect of any Operator, you should inform the Operator’s Representative at the time. Any complaint that cannot be resolved by the Operator’s Representative should be submitted in writing within 28 days of the incident to The Customer Services Manager, Highland Explorer, 60 High Street, The Royal Mile, Edinburgh, United Kingdom so that your complaint can be passed to and then investigated by the Operator. The Operators will not consider complaints after the 28 day period from the end date of your tour. 10.2 The contract and all matters arising in respect hereof shall be subject to English Law unless the Operator agrees otherwise in writing. 10.3 If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, that provision shall be deemed to be re-written to give effect to the same purpose within the permitted limits of the law. The validity and enforceability of the other provisions shall not be affected. 10.4 If you are unsuccessful in any legal action instituted against the Operator, you agree to pay all of the Operator’s costs associated to any such legal action, including but not limited to attorney / client costs. 10.5 DATA PROTECTION – To process your trip booking, Highland Explorer Tours will need to use personal information for you and guests in your booking. Personal information may include each guest’s name, address, phone number, email address, passport and sensitive information such as health, medical, dietary, mobility, religious or other special requirements. This personal information may be passed on to other suppliers of your travel arrangements in addition to public authorities (such as customs and immigration), security and credit checking organisations, and otherwise as required by law. Highland Explorer Tours will process your personal data in accordance with the General Data Protection Regulations (GDPR). You can find out more about Highland Explorer Tours Privacy Policy and the safeguards available at highlandexplorertours.com/essential-info/ privacy-security-policy. We may also use the personal information you provide us to review and improve the trips and services that we offer, and to contact you (by mail, email and/or telephone) about other trips and services offered by Highland Explorer Tours that you may be interested in. If you don’t want to receive this information, or if you want a copy of the personal information we hold about you, write to us at Highland Explorer Tours (see address below). Highland Explorer Tours may charge a fee for supplying you with this information as permitted by law. 11. Contracting Parties 11.1 The booking conditions detailed here in contain the entire contract between you and the Operator. No representation, term, warranty or condition can be expressed or implied by reference to any other writing, advertisement or conversation. This contract may only be varied by a duly authorised officer or Director of the Operator in writing. 11.2 Your contract is with the Operator. At any time, and at the Operator’s complete discretion, the Operator may nominate to you in writing any other company or person to have the benefit of some or all of those provisions of this contract, which the Operator may then specify, as if you had agreed the provisions concerned directly with that company or person in the first place as well as agreeing them with the Operator. The Operator may at its complete discretion assign all or any rights and liabilities arising under or by virtue of this or any other contract with you. 11.3 All bookings with other Operators and service providers are subject to their terms and conditions and limitations of liability. Please note that some of these limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. Whilst the Operator cannot accept any responsibility for any loss as a result of such actions or as a result of any act or omission of any such third parties, the Operator will give reasonable assistance in helping to resolve any reasonable dispute. 11.4 Many accommodation arrangements referred to in this brochure are provided independently and directly by third party providers (unless stated otherwise). Any such contracts undertaken are made directly between you and the third party accommodation provider. They are subject to the terms and conditions, and limitations of liability, imposed by the individual accommodation provider. All such arrangements are made independently of the Operator, regardless of any help and assistance, which the Operator may provide in securing such arrangements. 11.5 Please note that no airline or carrier depicted or recommended in this brochure by virtue of their endorsement of this brochure represents themselves either as contracting with any legal relationship with any such purchaser. 11.6 Every effort is made to ensure brochure accuracy at the time of going to print, however the Operator cannot be held responsible for printing and typographical errors, or errors arising from unforeseen circumstances. 12. Validity The programmes, products and tours advertised on the website and brochure are valid from the operating season pertaining to each Operator as specified in the brochure and the Operator’s website, unless stated to the contrary. These Terms and Conditions supersede all previous Terms and Conditions issued and are valid for all reservations made on or after 31st January 2022, until replaced. 13. Minimum Numbers 13.1 The Company reserves the right to cancel tours where the minimum number of passengers is not reached. In such cases, the Company’s liability to the Customer is either the full return of monies paid for the tour or provision of a suitable alternative tour as agreed with the Customer. Highland Explorer Tours is not liable for any cancellation or change cost or penalties incurred on other travel arrangements, including air travel, that may be affected thereby. Highland Explorer Tours is not responsible for other travel arrangements that you or your party have made outside Highland Explorer Tours and which are affected by our cancellations. 14. Operating Companies 14.1 Highland Explorer Tours are operated by Radical Travel Group Limited, Registered in Scotland No. 136334. A selection of local Operators provide additional services across tours advertised in this brochure. For a full set of details and their respective terms and conditions please refer to highlandexplorertours.com. For your statutory rights please refer to www.legislation.gov.uk 31