Why is it important you read these closely?
- You have an obligation to understand them and they are not a long read.
- They help you understand your rights with regards to cancellations, expectations and behaviours.
- They help keep the tour safe and secure.
- They help all our guests have an enjoyable tour, free from anxiety, stress, threat and danger.
TERMS AND CONDITIONS OF MINIBUS AND DRIVER HIRE
These Terms and Conditions are the standard terms which apply:
A. to the hire of minibus and driver by Us (Hebridean Services Limited a Private Limited Company registered in Scotland under number SC733066, whose registered address is 5 South Charlotte Street, Edinburgh, EH2 4AN and whose main trading address is 7 Brue, Isle of Lewis, HS2 0QW).
B. where You are hiring a minibus and driver as a “Consumer” as defined in Clause 1 of these Terms and Conditions.
1. Definitions and Interpretations
- In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” | means any business, trade, craft, or profession carried on by You or any other person/organisation; |
“Calendar Day” | means any day of the year; |
“Consumer” | means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires a minibus and driver for his/her personal requirements as detailed to Us in your Contract with Us; |
“Contract” | means the legally binding agreement for the hire of the minibus and driver by You from Us, as explained in Clause 3; |
“Deposit” | means the sum payable at the time of Your Order that is required to secure your Order, as explained in Clause 7.1; |
“minibus and driver” | means the vehicle and driver supplied by Us and hired by You subject to these Terms and Conditions; |
“Hire Period” | means the total period not exceeding 5 days in total for which You will hire the minibus and driver; |
“Price” | means the total VAT inclusive sum payable by You for the hire of the minibus and driver (not including the Security Deposit); |
“Order” | means Your order in writing for the minibus and driver signed by You in the form set out in Schedule [1][2] with a copy of these Terms and Conditions given to You with that order or available via our website at https://hebrideanservices.com; |
“Order Confirmation” | means Our acceptance and confirmation in writing of Your Order as described in Clause 3; |
“Regulations” | means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; |
“Security Deposit” | means the sum payable under sub-Clause 7.5 (being Our best estimate of replacement cost, and which, for the avoidance of doubt, does not form part of the total Price) to cover damage of the minibus and driver; |
“We/Us/Our” | means Hebridean Services Limited a Private Limited Company registered in Scotland under number SC733066, whose registered address is 5 South Charlotte Street, Edinburgh, EH2 4AN and whose main trading address is 7 Brue, Isle of Lewis, HS2 0QW; and |
“You” | means you, the hirer of the minibus and driver. |
- “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, social messaging application, or other means.
- Each reference to the singular number shall include the plural and vice versa where appropriate.
2. Information About Us
- Hebridean Services Limited a Private Limited Company registered in Scotland under number SC733066, whose registered address is 5 South Charlotte Street, Edinburgh, EH2 4AN and whose main trading address is 7 Brue, Isle of Lewis, HS2 0QW.
- We are not VAT registered.
- We are an affiliate of the Chartered Institute of Logistics and Transport and the Federation of Small Business and a Platinum Member of Visit Outer Hebrides
3. The Contract
- These Terms and Conditions, the Order and the Order Confirmation govern the hire of minibus and driver from Us and will form the basis of the Contract between Us and You. Before You complete and submit an Order to Us, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
- Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitute a contractual offer capable of acceptance. Your completed Order constitutes a contractual offer comprising the content of the Order and these Terms and Conditions. We may, at our discretion, accept or decline that offer.
- A Contract (i.e. a legally binding agreement) between Us and You will be created upon (and only upon) Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment of the Deposit but no legally binding agreement will be created before or otherwise. Order Confirmations will be provided in writing or by email once the quote has been accepted by You.
4. The Product - Minibus & Driver Hire
- We use all reasonable endeavours to ensure that minibus and driver are regularly maintained, cleaned, repaired and safety checked and/or replaced as necessary.
- We will advise You on any pertinent details relating to your hire in the agreement document. These details do not override these Terms and Conditions.
5. Your Order and Rules of Hire
- When making Your Order, You will be required to supply the following information:
- Your name, email address and telephone number;
- The times and dates that the hire is required from;
- The pick-up and drop-off destinations and any intervening places involved in your itinerary;
- Any requirements for ferry travel, overnight stays or other requirements.
- The need to accommodate luggage and pets or Guide Dogs.
- The following rules apply to Your hire and use of minibus and driver:
- We do not permit food or drink on the minibus including personal items or take-away items.
- We do not permit smoking, e-cigarettes, vaping;
- We do not permit consuming of alcohol, consuming of non-prescription drugs, and/or the transportation of anyone under the influence of alcohol or drugs on arrival either at the start of the tour or during.
- You will be denied board if you are belligerent or in a state of intoxication of any time and you will be liable for your own transportation from that time, no matter the location you are attempting to board.
- There are additional charges, in addition to Your Order, that relate to extra time over the agreed schedule and extra distance over the agreed schedule.
6. Hire Period
- The Hire Period shall be chosen and specified in Your Order and confirmed in Our Order Confirmation.
- Unless it is expressly stated otherwise, the Hire Period begins at the time stated on your agreement and ends at the time stated on your agreement.
- Unless We expressly agree otherwise (and confirm that agreement in writing), no Hire Period may exceed 5 days.
- You may not extend the Hire Period.
7. Fees and Payments
- When placing Your Order, You will be required to pay a non-refundable Deposit of 20% of the total Price (as part of the total Price) to secure your Order if there are more than 30 days until the Hire Period begins. If there are less than 30 days You will be required to pay the full, non-refundable, balance due.
- The Price for the minibus hire and driver will be that shown in Our agreement, usually presented in a quote and/or invoice, prior to Your Order.
- We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.
- The balance of the total Price must be paid 30 days prior to the start of the Hire Period. If there are less than 30 days until the Hire Period then the full balance must be paid.
8. Cancellation
- You may cancel Your Order at any time before the start of the Hire Period subject to the following:
- For Orders cancelled more than 30 days before the start of the Hire Period, Your Deposit will not be refunded.
- For Orders cancelled at or less than 30 days will receive no refund of any monies.
- We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.
9. Service Provision
- The Hire Period begins on the date stated in the Order Confirmation or agreement. This is the time from which the minibus hire and driver service will commence.
- The Hire Period ends on the date stated in the Order Confirmation or agreement. Late returns as a result of delays on Your part will incur an excess charge, as detailed in your quote, after the official return time noted on the Order Confirmation. We are unable to issue any refunds of any kind for early returns.
10. Loss & Damage
- You are responsible for, and will be required to indemnify Us for, any loss or damage or defect other than due to normal wear and tear which may occur during the minibus and driver hire during the Hire Period.
- If the cost of repairing the damage or defect or replacing the minibus is, in Our opinion, required, You will be required to pay any excess sum.
- You will not be responsible under this Clause 10 or otherwise for any pre-existing damage to or defect or fault in the minibus and driver hire that has already been identified at the time of collection.
- Full details of all charges due under this Clause 10 are available on request.
11. Our Liability
- We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or other terms of the Contract or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.
- In any event, Our total liability under these Terms and Conditions shall be limited to an amount equal to the value of the Contract between Us and You, the “value” being for this purpose the total Price and any further fees payable for any extension to the Hire Period payable by You.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on Your legal rights and on the remedies You may be entitled to if something goes wrong, please contact Your local Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
- We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), pandemic, epidemic or other natural disaster, or any other similar or dissimilar event that is beyond Our reasonable control.
- If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
- We will inform You as soon as is reasonably possible;
- We will cancel the Contract and inform You of the cancellation in writing;
- If the Contract is cancelled under this Clause 12 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.
- If the Contract is cancelled under this Clause 12 during the Hire Period, a calculation of pro rata sums based on a simple “hours used” will be applied. Unused hours will be refunded except any 3rd party transaction charges applied in the process of making the refund. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.
13. Communication and Contact Details
If You wish to contact Us with questions or complaints, You may contact Us by telephone at 0345 548 0408, by email at admin@hebrideanservices.com, or by pre-paid post at Hebridean Services Limited, 5 South Charlotte Street, Edinburgh, EH2 4AN.
14. Complaints and Feedback
- We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
- If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the minibus and driver hire, please contact Us in one of the following ways:
- by telephone at 0345 548 0408, by email at admin@hebrideanservices.com, or by pre-paid post at Hebridean Services Limited, 5 South Charlotte Street, Edinburgh, EH2 4AN.
15. Regulation
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make the Contract except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You in the Order that We give You and/or in one or more other documents. All of that information will, as required by the Regulations, be part of the terms of Our Contract with You as a Consumer.
16. Information
As required by the Regulations:
- all of the information described in Clause 15; and
- any other information which We give to You about hiring minibus and driver hire which You take into account when deciding to hire minibus and driver hire or when making any other decision about doing so;
will be part of the terms of the Contract (i.e., Our contract with You) as a Consumer.
17. How We Use Your Personal Information (Data Protection)
We will only use Your personal information as set out in Our Privacy Policy at 17.https://hebrideanservices.com/privacy.
18. Other Important Terms
- We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
- You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
- The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
- If any of the provisions of these Terms and Conditions are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
- No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
19. Governing Law and Jurisdiction
- These Terms and Conditions, the Contract, and the relationship between You and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of Scotland.
- As a consumer, You will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 20.1 above takes away or reduces Your rights as a consumer to rely on those provisions.
- Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions, the Contract, or the relationship between You and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by Your residency.


