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The following information constitutes our privacy notice.

In this Schedule, “we”, “our”, or “us” refers to Proscot Golf Tours Ltd and “you”, “your” refers to the lead-named person on the booking details all persons on whose behalf a booking is made.

We are company number SC415466 registered in Scotland.

Our registered office is c/o Harper Macleod LLP; The Ca’d’oro, 45 Gordon Street, Glasgow G1 3PE

You can contact us by e-mail about privacy at [email protected]

1. This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us.

2. We take seriously the protection of your privacy and confidentiality. We understand that you are entitled to know that your personal data will not be used for any purpose unintended by you, and will not accidentally fall into the hands of a third party.

3. We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.

4. Except as set out below, we do not use, share or disclose to a third party, any information collected under this contract or otherwise.

In this Schedule, the following words shall have the following meanings:

“Act” means the Data Protection Act 2018.

“Data Protection Legislation” means all or any of:

(a) the GDPR,
(b) the applied GDPR,
(c) the Act,
(d) regulations made under the Act
(e) regulations made under section 2(2) of the European Communities Act 1972 which relate to the GDPR or the Law Enforcement Directive.

“the GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).

“the applied GDPR” means the GDPR as applied by Chapter 3 of Part 2 of the Act.

“Law Enforcement Directive” means Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.

“data controller”, “data processor”, “data subjects”, “personal data”, “process”, “processed” and “processing” shall have the meanings respectively, as defined in the Act. Note that “process” and “processing” are defined to include simple events like receiving data into our system, or storing it. Processing is not limited to “doing something with it”.

In this agreement, “personal data”, is limited to data which comes into our hands in some way connected to the terms and conditions of your booking.

2.1. The obligations described in this Schedule are in addition to our obligations under the Data Protection Legislation.

2.2. Under the Act, we are obliged to inform you what personal data we hold about you, or may hold at some future date. We must tell you how we propose to use that data and give you other information.

We shall process this basic personal data:

3.1. your name, age, personal address, private email address.

3.2. telephone number

3.3. all other information you gave to us.

3.4. all data which comes to the attention of any of our representatives or other staff whom you may contact for any reason.

3.5. financial information processed through the banking system.

3.6. information supplied to us by a third party.

3.7. information relevant to the performance of your contract.

3.8. technical information relating to electronic communication, which is personal information only when associated with the name or identity of the data subject.

The Data Protection Legislation requires us to determine under which of six defined grounds we process different categories of your personal information, and to notify you of the basis for each category. We mention three categories below. The others are not relevant to your contract.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

Information we process because we have a contractual obligation with you

When a contract is formed between you and us, in order to carry out our obligations under that contract we must process personal information.

We use your information in order to provide you with our services under that contract.

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

Information we process with your consent

Only when you have given us explicit permission to do so, do we process your personal information under the basis of consent.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by telling us. However, if you do so, you may not be able to use our services further.
Information we process because we have a legal obligation

Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

Booking and pre-booking enquiries

We use your personal information to arrange, process and confirm your booking and to answer any pre-booking enquiry you may have. While making your golf tour arrangements we will need to disclose personal data to the suppliers of the services which are part of your booking.

Communicating with you

When you contact us, whether by telephone or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you at a later time.

Dealing with complaints

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

We may compile statistics from information relating to complaints to assess the level of service we provide, but not in a way that could identify you or any other person.

Access to your personal information

At any time you may review or update personally identifiable information that we hold about you.

To obtain a copy of the information we hold about you, please contact us [email protected]

After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

Removal of information

If you wish us to remove personally identifiable information from our record, you should contact us at [email protected]
If you do so we have no alternative than to treat your request as notice to terminate this contract. If that happens, termination will accord with the provisions in this contract.

All provisions in this contract relating to termination, express and implied, will follow.

Verification of your identity

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
Links to other websites.

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting other sites as these sites are not governed by this privacy statement. You should look at the privacy statement applicable to each website you visit.

Security

We ensure that your information is completely secure and to prevent unauthorised access or disclosure, we have physical, electronic and managerial procedures in place to safeguard and secure any information we collect.

How we use cookies

We may track the patterns of behaviour of visitors to our site using a “cookie” which is stored on your browser. The information collected can be used to identify you. You can modify your browser settings to turn cookies ‘off’. A cookie is a small file placed on your computer’s hard drive, cookies helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual and can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences from previous searches. We use traffic log cookies to identify which pages on our website are being used, to help us analyse and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

7.1. Physical goods of yours, which we necessarily hold as part of our contractual relationship are not personal data and are not affected by the Act.

7.2. Upon termination of our agreement with you, we and any contractual data processor will:

7.2.1. delete all your personal data from our electronic records by some method which prevents future re-activation of that data.

7.3. We shall not destroy or delete all your data and retain such personal data for six years, for these reasons:

7.3.1. for accounting and taxation purposes;

7.3.2. to provide evidence if required in connection with a legal claim;

7.3.3. for any other reason where the law provides a six years limitation period;

7.4. If any event occurs which requires us lawfully to continue to retain data beyond that period, then we may do so.

We are Proscot Golf Tours Ltd, a company registered in Scotland, number SC415466.
Our Registered Office address is c/o William Duncan & Co, Ellersley House, 30 Miller Rd, Ayr KA7 2AY.
These terms and conditions are your contract with us for provision of any Golf Tour you book with us.
In this document, “you” and “your” refers to the lead-named person or named travel company on the confirmation invoice (who must be at least 18 years old at the time of booking) and all persons on whose behalf you make a booking.

These are the agreed terms

“Golf Tour” means the pre-arranged Golf Tour package which incorporates at least two elements when offered for sale or sold at an inclusive price including accommodation; transport; and green fees in a Golf Tour package detailed in the Itinerary.

“Price” the total price payable per person for the Itinerary detailed in the offer and confirmed in the invoice.

“Golf Tour Services” means our service in providing a Golf Tour.

“Service Provider” means any other party other than Us, who will provide services for the Itinerary including, but not limited to accommodation, transport and golf;

“Itinerary” the personalised golf tour package based on your requirements.

“Regulations” means The Package Travel and Linked Travel Arrangement regulations 2018.

2.1. Proscot Golf Tour Services vary. Whatever service you choose, the terms of this contract will apply unless we indicate otherwise.

2.2. The contract between us comes into existence when we send our confirmation invoice to you. You will have undertaken to pay for your booking and we will have undertaken to provide you with the Golf Tour we describe in our offer and subsequently in our invoice and Itinerary.

2.3. If we are unable to accept your booking, we will of course return your payment to you immediately.

2.4. When you make a booking with us, you have the benefit of our full compliance with the Regulations. Parliament has made provision for these regulations to continue in force notwithstanding our departure from the European Union.

2.5. Our confirmation invoice will be sent to you by email. The invoice details the payment terms for the deposit and subsequent payments.

Your Itinerary will contain details of the following:

3.1.1 Your Golf Tour destination/s with details of dates and relevant periods of stay.

3.1.2 The location of accommodation; its tourist category and its main features. All quotations are made based on rooms with private bath/shower at the hotels requested. Once your Reservation is made, and any accommodation in the Itinerary shown as subject to availability before the Reservation is made has been confirmed, no changes will be made without consultation and agreement with Us. Upgraded rooms may be available for a supplementary charge in most hotels (subject to
availability).

3.1.3 Details of any meals.

3.1.4 Details of any sightseeing, excursions or other services which are included in the Price.

3.1.5 Our contact details and the details of any Service Provider.

3.1.6 The Price of the Golf Tour package per person.

3.1.7 Details of any special requirements which You have expressed to Us and which have been accepted by Us and the relevant Service Provider.

4.1. If you make a booking on behalf of others, you guarantee that you have the authority of each of those other people to enter into the contract and that you and they have agreed to be jointly and severally liable to us. You now accept personal liability for the acceptance and compliance of each of those people, with these contract terms.

4.2. It is your responsibility to ensure that all of the details on your travel documents are correct and notify us of any discrepancy or misunderstanding immediately. We shall also look only to you for making payments as they become due, ensuring the accuracy of the personal details and other information supplied by other members of your party and for whatever liaison communication is necessary between you and each other party to keep them fully informed.

4.3. As lead member of your party or as the Travel Agent booking on behalf of Clients, we will deal only with you in our correspondence.

5.1. Travel from the meeting point to your return to the departure point (which is likely to be the same place); or supply of a Rental car for the duration of the golf tour

5.2. Accommodation

5.3. Services of one or more Proscot Golf Tours Ltd representatives

5.4. Green fees

5.5. Travel to and from the golf courses throughout the golf tour or supply of a rental car

6.1. return flights to the golf tour destinations;

6.2. all other costs incurred before you board transport at the meeting point and after you return to the departure point;

6.3. travel insurance or any other insurance personal to you;

6.4. passport and visa costs;

6.5. vaccinations and medication, before, during and after the golf tour;

6.6. food and drink over and above what we include in the golf tour;

6.7. gratuities you choose to give;

7.1. When you make your booking, we shall ask you for a deposit of 40% of the total cost. Deposits are non-refundable, except as mentioned below, but in some cases may be transferable to another Proscot Golf Tour. The balance of the price must be paid at least eight weeks before your Golf Tour commencement date. If the balance is not paid on time, we shall cancel your travel arrangements and retain your deposit.

7.2. Any booking made less than eight weeks prior to the arrival date must be accompanied by full payment at the time of making the booking.

7.3. We shall not change the price of your Golf Tour once we have accepted your booking.

Proscot Golf Tours Ltd accepts payments by Visa or Mastercard however we don’t store or receive credit card details. Payment is handled by Stripe our payment processor through a secure link.

8.1 Payment of the Deposit can be made either by Visa, MasterCard, or direct into our bank account (bank account details are on the Invoice). Payment will be made in Pounds Sterling.

8.2 The final balance of the Price may be paid direct into our bank account (bank account details are on the Invoice) or by Visa, Mastercard.

The following terms and conditions apply to golfers playing The St Andrews Old Course.

9.1 All golfers must check in with the official starter of the relevant course thirty minutes before the allocated tee-off time. Failure to appear at the precise tee-off time shall render the client’s right null and void.

9.2 In order to play on the Old Course, clients require to submit a valid handicap certificate to The Starter in line with St Andrews Links Trust policy and must adhere to St Andrews Links Trust’s pace of play policy.

9.3 Golfers’ names must be applied to Old Course tee times and notified not less than 14 days prior to play. On the day of play the golfers’ names must match those previously notified, otherwise golfers will be refused permission to play.

9.4 As an Authorised Provider, it is our responsibility to advise golfers that their names will be published following the daily ballot and these details will be available to view online and in-person at St Andrews Links.

9.5 The tee times in any programmes sold are subject to the terms, conditions and limitations of liability imposed by St Andrews Links Trust and other relevant clubs or their agents and these respective terms are hereby incorporated into our terms with you. You acknowledge that you have no contract other than with Authorised Provider in connection with the programmes sold.

Any special requests relating to your travel arrangements must be sent to us at the time of booking by email. While we try to meet your reasonable requests, we do not guarantee that they will be fulfilled.

We will always do our best to help you with any change to your booking. However, we give no guarantee that we shall succeed. If you require any change, you must tell us by email. A change will be subject to the cost we incur in making the change for you.

11.1 We will not refund or compensate you if changes made to your booking, or re-booking, leave you paying for parts of the golf tour service which you do not use.

If you would like to transfer your booking from one person to another, the following terms apply:

12.1. The transferee must satisfy any special conditions or qualifications applicable to the golf tour.

12.2. You must inform us about your intention to transfer your booking to the transferee at least fifteen days before the Golf Tour commencement date by email.

12.3. You and the transferee will accept that you and he/she will be jointly and severally liable for full payment of any outstanding sums due in respect of the booking as well as fees, charges or other costs arising from the transfer.

13.1 If an individual(s) cancel from part of a group booking reducing the numbers of persons from the original booking, the per person shared costs will increase, increasing the price in the original quotation for remaining participants.

13.2. If you or a member of your party needs to cancel your booking, you must tell us by email. Cancellation fees will be charged to you to cover non-refundable charges incurred by us in making your Reservations, including admin costs.

90 days or more prior to Golf Tour commencement date: Deposit in Full

Between 89 and 31 days prior to Golf Tour commencement date: 80% of the total price of the Golf Tour

Between 31 days and 0 days prior to Golf Tour commencement date:100% of the total price of the Golf Tour

13.3. In any circumstances giving rise to cancellation, we will consider allowing you to transfer the money you have paid, to some other Proscot Golf Tour you choose. But whether we do so is at our discretion, for which we do not have to give a reason.

13.4 Travel Insurance

We strongly recommend you arrange Travel Insurance in your country of residence. Travelex offers comprehensive world-wide cover: www.travelexinsurance.com.

There are other companies offering good cover which can also be found on the Internet. It is common practice for insurance providers to only accept applications within a few days of making a reservation and paying the deposit for a Golf Tour package It is therefore recommended that insurance should be taken early in the booking process.

Because we make travel arrangements far in advance, we sometimes have to change an arrangement and very occasionally even cancel a golf tour. A change may be as a result of us no longer wishing to use a service provider whose standards fall below our standards. If that happens the following terms apply:

14.1. We will always inform you as soon as possible about any change. If that happens you may:

14.1.1 accept the change; or

14.1.2 accept our offer of alternative arrangements of a comparable standard; or

14.1.3 cancel your booking, whereupon we will give you a full refund of all money paid.

14.2. We will not compensate you for minor changes out with our control.

14.3. Provided your final payment has been made we will cancel your travel arrangement only in circumstances where we have no choice but to do so.

15.1 You must carry a current Handicap Certificate either in electronic or paper format unless waivered by prior arrangement with us. Golf can be denied on failure to produce this to the starter at many golf courses. We will take no responsibility for inaccurate information leading to refusal to play. Your Itinerary will detail the Handicap limit applicable to You for play during your Golf Tour based on the course with the lowest Handicap requirement.

In the unlikely event you have a complaint or dissatisfied with any aspect of your golf tour please bring this to our attention.

John Scott +44 7738 426410 [email protected]

Nicola Scott +44 7771 568579 [email protected]

If you have a problem during your golf tour it is most important that you immediately inform Proscot Golf Tours Ltd. If you complain only after you have returned home, we shall not be able to investigate the problem in a fair manner.
If you feel our representative has not resolved your problem please email us within 14 days of your return giving us full details of your golf tour and concise details of the complaint and any subsequent history.

17.1. Proscot Golf Tours Ltd 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 and Linked Travel Arrangements Regulations 2018” all passengers booking with Proscot Golf Tours Ltd are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your invoice. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Proscot Golf Tours Ltd. This insurance has been arranged by Towergate Travel through Zurich where your golf tour has been booked up to the 31^st July 2021 and with Evolution Insurance Company Limited from the 1^st August 2021 to date.

Claims

In the unlikely event of Insolvency, you must Inform Towergate Travel immediately on +44 (0) 1932 334140 or by email at [email protected]

Please ensure you retain the Invoice 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. If you have booked flights as part of your travel, you should ensure that the company with which you booked the flights has the appropriate CAA/ATOL bonds in place.

17.2. We do not provide insurance for day trips or bookings for accommodation only.

We want you to enjoy a perfect holiday with Proscot Golf Tours Ltd. We shall do our very best to make this experience special for you. Nonetheless, we must make clear the limitations in law.

18.1 If we fail to provide the golf tour set out on our offer, invoice and tour itinerary and to which these terms apply, we will pay you appropriate compensation. We are not liable if any failure is due to:

18.1.1 your own carelessness or negligence in any aspect of your behaviour whilst on your golf tour;
18.1.2 medical emergencies;

18.1.3 laws, culture and standards of service and behaviour;

18.1.4 changes we reasonably make to an itinerary or to accommodation or any other aspect of the management of your booking;

18.2.5 some third party unconnected with the provision of travel arrangements where we could not reasonably have foreseen or avoided those circumstances;

18.2.6 any other unusual and unforeseeable circumstances beyond our control;

18.2.7 a specific event or series of events which we or our contractors or providers could not reasonably have foreseen or prevented;

18.3. We and you are subject to international conventions, when they apply. This may limit the amount of a claim you may make, against us or anyone else.

18.4. The services and features included in your golf tour are those specified in our offer; invoice and golf tour itinerary. If you choose to buy other goods or services during your golf tour, those are not part of our service, even if our representative helps you to buy or arrange them. Accordingly, we are not liable to you for any happening in connection with that service or goods.

18.5 Proscot Golf Tours Ltd accepts responsibility for the standard of the Golf Tour we provide and for all its component parts. We undertake to maintain standards in a manner commensurate to the cost of the golf tour. We accept responsibility for the acts and omissions of our employees.

These assurances are subject to the following qualifications:

18.5.1 That in the event of death, bodily injury or illness, our liability is limited to paying damages for any loss caused by the negligence of our employees or agents, and any liability imposed on us by the Package Travel, Package Holidays and Package Tours Regulations 1992.

18.5.2 When you travel with a coach carrier their Conditions of carriage apply, some of which limit or exclude liability.

18.5.3 We are unable to accept responsibility for loss or expense caused by abnormal events during your holiday which are outside our control. By this we mean such circumstance as (but not limited to) adverse weather conditions, traffic congestion strikes, civil commotion, road traffic diversions, war or threat of war, industrial disputes, terrorist activity and disaster.

18.5.4 Except in the case of physical injury, our liability for damage resulting from the non-performance or improper performance of the services supplied under or pursuant to this contract shall be limited to the total price you have paid us.

18.5.5 We accept responsibility for the details of the reservation of your hire car and only this. We use [Arnold Clark]. For details of all other responsibilities and liabilities related to the [Arnold Clark] car hire please refer to [Arnold Clark] terms & conditions https://www.arnoldclarkrental.com/terms-of-hire

Delayed Flights for Rental Car: Delayed flights will be met after the branch closes until 10.30pm by prior arrangement. It is imperative that you contact the rental branch before the branch closes, to advise of any delays in order that they can confirm arrangements for the collection of the vehicle. There will be an additional ‘out of hours’ charge of £100.00 to meet a delayed flight after the rental office closes, up to 1030pm. Any delays after this time will not be met and arrangements will be made to collect the vehicle the following morning.

It is extremely important that you obtain and carefully check travel and immigration documents. You alone are responsible for obtaining required travel documents for your party. We do not accept responsibility for any delay or problem which may occur in this connection. If we have local representation at the time of any such problem, we will assist you as far as reasonably possible to resolve it. However, for the benefit of other people on that golf tour, it will not be possible to delay or change travel arrangements or events which will affect others in the tour group.

20.1 We will not, together with Our Service Providers, be liable for injury, damage, loss, accident, delay, irregularity, changes or inconvenience caused by, but not limited to, the following: any force majeure health risks, reasons of war, threat of war, riots, civil strife, terrorist activity, or expense to personal property due to act or default of any hotel, carrier or any other company or person providing or rendering of the Itinerary.

20.2 We will not, together with the Service Providers, accept responsibility for any sickness, pilferage, labour disputes, machinery breakdown, government restraints, weather condition, defect in any vehicle or transportation or for any misadventure or casualty or any other causes beyond Our control.

21.1 The current rate of 20% is included in all Golf Tour packages but is subject to change, if necessitated by Government Ruling without prior notification.

Your golf tour itinerary will provide details about your chosen golf tour, but the following are contractual matters:

22.1. Most Proscot Golf Tours require reasonable physical fitness and appropriate golf wear.

22.2. To satisfy the majority of our clients, we apply “no smoking” that are applied by law in the UK and Ireland.

22.3. If we provide medical help to you, whether or not you specifically ask for it, we will provide receipts for all costs (for your insurer) and you now agree to repay us that cost on your return from the golf tour

22.4. If at any time, it is our opinion (given by any of our staff or representative) that you are acting in a way which may cause accident, injury, discomfort or extreme displeasure to any other member, we may exclude you from the programme for the remainder of the golf tour. You will understand that this extreme action will not be taken lightly but may be necessary to protect the health, safety or enjoyment of other travellers.

22.5. You agree to be liable for any damages caused by you to the hotel/self-catering property which results in a claim being made against Proscot Golf Tours Ltd.

Many of the services we provide, including options which may occur from time to time during your golf tour, are provided by third parties and not directly by us. Each has their own terms and conditions. Whilst the law provides that we are liable to you, for any failure connected with such a provider, our obligations do not cover every contractual term.
Accordingly, instances may arise where you have no redress, for example, in the purchase of locally produced goods. If our representative warns you of a possible problem, for example related to food, and you choose not to take that advice, then we are not liable for any problem which may arise.

24.1. Proscot Golf Tours Ltd takes your privacy seriously and will only use your personal data in accordance with the Data Protection Act 2018 as fully described in Schedule 1 to this agreement.

24.2. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

24.3. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

24.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver nor indicate any intention to reduce that or any other right in the future.

24.5. The parties agree that electronic communications satisfy any legal requirement that such communications be in writing.

24.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

24.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of the directors, officers, employees, subcontractors, agents and affiliated companies of a party, may be enforced under that Act.

24.8. Any communication to be served on either of the parties by the other shall be delivered sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

24.9. The validity, construction and performance of this agreement shall be governed by the laws of Scotland and the parties agree that any dispute arising from it shall be litigated only in that country.