TERMS & CONDITIONS
The following terms and conditions shall apply to each and every Booking made between the Operator and the Client unless specifically varied in writing by the Operator.
Definitions In these Terms & Conditions
“the Client” means the company or individual named and liable on the booking form for the Trip
“the Operator” means the owner and staff responsible for the commercial operation of the barge Peccadillo on the Scottish Lowland Canals, trading as “Peccadillo”
“the Passengers” means any individuals, including the Client if the Client is aboard, who will board the vessel, whether moving or moored, at any time during the event. All Passengers are to be named on the Passenger List for any particular Trip, who comprise the Group
“the Group ” means the group of people who will be Passengers for any part of or all of the journey of a particular Trip
“the Trip” means the journey covered by a single Booking, whether this takes place on one day or over a number of days
“the Add-ons” are additional events or goods not included in the basic tariff levied per Trip or per Passenger
“the Crew” means the individuals in charge of Peccadillo barge for the duration of any Trip
“the Booking” is the legal agreement made up by receipt of a booking form (with deposit) signed by the Client and a delivery of a reciprocal confirmation letter from the Operator
“the Terms & Conditions” mean the conditions set out in this form
“the Price” means the total price for the Booking, including all Add-ons
All prices quoted will include VAT wherever it applies.
A Booking is a legally binding contract and is made under Scots Law. The Booking is considered to be in place once the Booking, with deposit, has been submitted and acknowledged by the Operator with a confirmation letter. Any offer by the Operator to hold a reservation is not legally binding until a Booking is in place. The contract includes these conditions, which the Client accepts by submitting a booking form.
Booking Form & Deposit
No less than 20% of the total Price shall by payable (by cheque made payable to “Peccadillo”) to the Operator by way of a non-returnable deposit on submission of the signed booking form by the Client. If the Client is a company the form should clearly indicate the employee responsible for organising the Trip and this individual should sign the form. If this employee is not a Passenger on the Trip, special arrangement must be made with the Operator to ensure that Passengers have been made aware of the Terms & Conditions in this form. In the event of a Booking being placed within 30 days of a Trip the total Price of the Trip will be payable at time of booking.
The Operator will send a confirmation letter with all details of the Booking which will now be in place.
Balance of Payment
The full payment for a Trip must be received by the Operator no less than 30 days prior to the Trip. Amendments to the Trip, Passenger numbers or Add-ons as requested by the Client will be payable within fourteen days of invoicing or Thirty days after the Event whichever shall be later. Interest will be chargeable at Two per cent (2%) per month on all sums unpaid at the due date of payment.
Cancellation by Client
The Client may cancel the Trip on giving written notice (by recorded delivery) of cancellation to the Operator subject to a cancellation fee as follows:
Period of Notice
90 days or more
30 – 60 days
50% of total Price
less than 8 days
100% of total Price
The Operator shall not be obliged to make any reduction in the Price if the number of Passengers on the Trip is less than specified in the Booking. It may however at its entire discretion offer a reduction in accordance with any direct savings resulting to the Operator less an appropriate administrative fee.
Amendment to the Event
The Client may amend the Booking, with respect to route, Add-ons or Passenger numbers up 30 days prior to the event. If Client wishes to change date of Trip then cancellation conditions apply unless, at the entire discretion of the Operator, a suitable alternative can be arranged. Visitors to the barge will be levied at full charge for entire duration of trip if prior arrangement is not made and noted on booking form.
Cancellation by the Operator
The Operator reserves the right to cancel the Trip, without any liability, in the event of weather conditions, canal maintenance, vessel inoperability or any other factors that make it impossible or unsafe to undertake the journey referred to in the Booking. In this event the Client may choose to reschedule or alter the Trip and Cost (for example, visit the barge and travel to the Stables by taxi) or claim a full refund of all moneys paid in respect of the Trip. The Operator may also cancel the Trip if any payments are not made by their due dates, in which instance cancellation levies apply. If any invoice payable by the Client remains outstanding for more than thirty days following the date of invoice the Operator cannot guarantee acceptance of the next booking by the Client.
Management & Safety
A full safety talk will be given prior to departure of any Trip and Waterways code leaflets are available on board. Buoyancy aids are available for any Passengers who request them although, according to the guidelines of the Maritime Coastguard Agency, these are not mandatory on Category A waters.
In the event of any Passenger/s behaving in a manner which might cause danger to themselves, any other individual/s, the vessel, or contravening the Waterways Code in any way, the Trip will be halted at the nearest safe disembarkation point until the situation can be resolved. The Operator reserves the right to request any Passenger to leave the vessel if, in the opinion of any member of the Crew, the Passenger is responsible for any such disruption. The Client will be liable for any costs incurred in removal of Passenger/s. If the situation cannot be resolved the Trip will be terminated and the full cost of the Trip would remain chargeable.
In any of the above circumstances the Operator will be under no liability to the Client or the Passenger/s in respect to any refund of the Price or compensation for any costs or damages which may be incurred by the Client or Passengers.
The Client agrees on its own behalf and on behalf of each and every Passenger in its Group: – that the opinions of the Operator is final in regard to matters of safety – to comply with any request or order made by any member of the Crew in the interests of safety, however expressed – to comply with any reasonable instruction given by the Operator for any other reason.
Before participating in certain Add-on events, participant Passengers may be required at the discretion of the Operator to sign a disclaimer.
Passengers with Special Needs (including minors)
Please note that at time of publication there is no wheelchair access to Peccadillo barge; contact details of operators that do offer this facility are available on request.
While the Operator will endeavour to accommodate the safety, access and other requirements of all passengers it is the responsibility of the Client to:
- notify the Operator, at booking stage, of any special needs for Passengers that might arise on any given Trip
- carry out a risk assessment for all possible eventualities pertaining to Passengers with special needs
- ensure that there are an appropriate number of carers included in the Group to attend to special needs during the Trip
- alert the Crew immediately if any issues arise during the Trip relating to these special needs.
The Operator’s Liability
The Operator shall be required to take all reasonable care in providing the services and having regard to Health and Safety Legislation. The Operator shall have no liability to the Client or the Passengers for any loss or damage of any nature howsoever arising other than purchases covered by the Operator’s insurance or arising from any negligent act or omission of the Operator.
The Operator shall not be liable for any matters arising from any cause beyond the Operator’s reasonable control or not due to the Operator’s negligence or wilful default including (without limitation) death or personal injury of Passengers, loss or damage to property, non-fulfilment or interruption of the Trip or delays.
Peccadillo Terms & Conditions apply to all bookings.