PART A - Website Terms of Use
1. Acceptance of these terms and changes to them
Each time you access or use this website you agree to be bound by these Website Terms of Use, together with any additional rules or guidelines that apply to a particular service or feature, and our Privacy Policy, each of which is incorporated by reference.
We may update these terms from time to time to reflect changes in our services, the law, or best practice. The version published on this website at the time you use it is the version that applies. We will show the effective date at the top of this document. We recommend you review the terms periodically.
2. Definitions
“Content” means any information or material of any kind (including text, images, graphics, video, audio, software or code) that is made available on or submitted to the website.
“Services” means the professional and product advice, and the travel and golf-tour arrangements, that we make available through the website.
“Website” means www.kinfern.com and any associated pages and sub-domains operated by us.
“You” / “your” means the person accessing the website or making a booking.
3. Eligibility, registration and account security
To make a booking you must be at least 18 years old and able to enter into a legally binding contract. Some areas of the website may be used by visitors without registration.
If you create an account, you agree to provide accurate, current and complete information and to keep it up to date. You are responsible for keeping your password confidential and for all activity that takes place under your account, whether or not authorised by you. Please notify us promptly if you become aware of any unauthorised use of your account.
4. Acceptable use
You agree that you will not use the website, or submit any Content, in a way that:
(a) is unlawful, defamatory, threatening, abusive, harassing, obscene or otherwise objectionable, or that infringes the rights of any other person;
(b) impersonates any person or misrepresents your connection with any person or organisation;/p>
(c)collects or harvests data about other users;
(d) involves spam, chain letters, pyramid schemes or unauthorised advertising or commercial activity without our prior written consent; or
(e) introduces any virus, malware or other harmful code, or attempts to interfere with, disrupt or gain unauthorised access to the website or its systems.
You are solely responsible for any Content you submit. We are not responsible for Content submitted by users, and you acknowledge that you may encounter Content that you find objectionable.
5. Content you submit
If you submit Content to the website (for example a review, photograph or comment), you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt, publish, translate and distribute that Content in connection with the website and our business, in any media. You confirm that you own or are entitled to grant this licence and that the Content does not infringe the rights of any third party.
We may, but are not obliged to, review, remove or block access to any Content at our discretion.
6. Intellectual property
All intellectual property rights in the website and its Content (including text, design, graphics, logos and software), and in the goods and services we provide, belong to us or our licensors. You may view and print pages for your own personal, non-commercial use. You may not otherwise copy, reproduce, distribute or commercially exploit any part of the website without our prior written consent.
7. Third-party links and services
The website may contain links to, or make available goods and services of, third parties. Those goods and services are governed by the third party’s own terms. We are not responsible for the content of third-party websites or for your dealings with third parties, except as set out in Part B in relation to the travel services that form part of a package we organise.
8. Availability of the website
The website is provided on an “as available” basis. We may modify, suspend or withdraw all or part of the website at any time without notice. We do not warrant that the website will be uninterrupted, error-free or free from viruses, and we are not liable for any loss arising from matters of this kind, except where the law does not allow us to exclude such liability.
Information and advice provided on the website is general in nature. While we take care to keep it accurate and up to date, you should not rely on it as professional advice for your specific circumstances.
9. Accuracy of website content and errors
We take care to describe our services, facilities and prices accurately, but the website may occasionally contain errors and is provided for general guidance. Photographs, descriptions and facilities are illustrative, and suppliers may change or withdraw facilities (for example a hotel pool, restaurant or golf-course feature) without notice. Where an obvious error in a price or description is identified before your contract is formed, we are not obliged to honour it; we will tell you and you may choose to proceed at the corrected price or cancel.
10. Our liability
Nothing in these terms limits or excludes our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, and for any other liability that cannot be excluded or limited under the law of Scotland or applicable consumer-protection law.
Subject to that, we are not liable for indirect or consequential loss, or for loss of profit, goodwill or data, arising from your use of (or inability to use) the website. Your statutory rights as a consumer are not affected by these terms.
11. Data protection, privacy and cookies
We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Our Privacy Policy explains what data we collect, how we use it, the legal bases we rely on, how long we keep it and your rights.
Our website uses cookies. Our Cookie Policy explains which cookies we use and how you can manage your preferences. The Privacy Policy and Cookie Policy form part of these terms.
12. Indemnity
You agree to be responsible for any reasonable losses, costs and claims we suffer that arise from your breach of these terms, your misuse of the website, or any Content you submit, except to the extent caused by us.
13. Governing law and jurisdiction
These Website Terms of Use are governed by the law of Scotland. Any dispute relating to the website will be subject to the non-exclusive jurisdiction of the Scottish courts. If you are a consumer resident elsewhere in the UK, you may also bring proceedings in the courts of the part of the UK in which you live.
14. Reporting copyright infringement
If you believe Content on the website infringes your intellectual property rights, please contact us with details so that we can investigate:
By email: hello@kinfern.com
By post:
15. General
(a) If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
(b) Our failure to enforce any right under these terms is not a waiver of that right.
(c) We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights under them.
(d) These terms, together with your booking confirmation and our Privacy Policy, form the entire agreement between us about their subject matter and replace any earlier discussions or representations - except that nothing limits our liability for fraud or fraudulent misrepresentation.
(e) Except where these terms expressly provide otherwise, a person who is not a party to your contract has no right under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any of its terms.
PART B - Booking Conditions
These Booking Conditions apply to every holiday, golf tour and travel arrangement you book with us. Together with your booking confirmation, they form the contract between you and us. Please read them carefully - they set out our respective rights and obligations, including in relation to payment, changes, cancellation and our responsibility for your arrangements.
16. Our role and your contract
We act as a golf tour operator and organiser of package arrangements. We select and combine services from independent suppliers (such as hotels, golf courses, transport providers and guides) to create your arrangement.
Where the arrangement you buy from us is a “package”, you benefit from the protections given to package travellers under the Package Travel and Linked Travel Arrangements Regulations 2018. Those rights are summarised in the standard information we provide before you book and are reflected in these conditions. (These Regulations replaced the Package Travel, Package Tours Regulations 1992 referred to in our earlier terms.)
A contract is formed when we issue a written booking confirmation after receiving your deposit (or full payment, where applicable). The lead traveller making the booking does so on behalf of everyone named on it and confirms they have authority to accept these conditions for all of them.
17. Financial protection
We provide protection for the money you pay us, and for your repatriation where relevant, in the unlikely event of insolvency, you must inform Towergate Chapman Stevens immediately on +44 (0) 1932 334140 or by email at tcs@towergate.co.uk.
Please ensure you retain the booking confirmation form as evidence of cover and value.
Flights and ATOL. Where your package includes flights for which we are responsible, that element is protected by an ATOL held by us or our supplier, and you will receive an ATOL Certificate. Where your arrangement does not include flights, no ATOL applies. Please check your booking confirmation and ask us if you are unsure what protection applies to your trip.
Please retain your booking confirmation and any protection certificate as evidence of cover. In the unlikely event of our insolvency, follow the contact instructions shown on your protection certificate.
18. Prices and payment
Unless your booking confirmation states otherwise, payment is due as follows:
| When | Amount Due |
| At time of booking | 30% deposit of the total price |
| No later than 60 days before departure | The remaining balance (70%) |
| Bookings made within 60 days of departure | Full payment at time of booking |
Payment terms may differ for certain packages; any difference will be confirmed to you before you book. A receipt is issued for each payment. If you do not pay by the due date, we may treat your booking as cancelled by you and apply the cancellation charges in clause 24.
No card surcharges:
We do not add any surcharge for paying by consumer debit or credit card.
Pricing errors:
While we take care to ensure prices are correct, errors occasionally occur. If we discover an error in the price of your arrangements before your booking is confirmed, we will tell you and you may choose to proceed at the correct price or cancel and receive a full refund of anything you have paid.
Price changes after booking:
The price confirmed at the time of booking is the price you pay, except that we may pass on changes that are permitted under the Package Travel Regulations - for example, changes in the cost of fuel or other power, taxes or fees, or exchange rates - and only up to 20 days before departure. If any such increase exceeds 8% of the total price, you may accept it, accept a substitute package if offered, or cancel and receive a full refund. Where costs fall, you are entitled to a corresponding price reduction.
19. Passports, visas, health and entry requirements
It is your responsibility to ensure that you hold a valid passport and any visas required for your trip, and to meet any health requirements. Requirements depend on your nationality and destination and can change. Allow plenty of time - obtaining or renewing documents can take several weeks or, for some nationalities, up to three months. Please also check that your passport meets the validity rules for each country on your itinerary.
Changing entry requirements:
New systems apply to travel between the UK and the EU/Schengen area, including the EU Entry/Exit System (EES) and the forthcoming ETIAS travel authorisation, and requirements continue to evolve. You are responsible for checking and meeting the current rules for every country on your itinerary, both when you book and close to departure. We recommend you consult official sources, including the UK Foreign, Commonwealth & Development Office travel advice at www.gov.uk/foreign-travel-advice and the relevant embassy or consulate.
UK and EU travellers should carry valid health-cover documentation (such as a UK Global Health Insurance Card / European Health Insurance Card, where applicable). Care provided by the NHS in Britain is normally covered in full. Travellers who are minors may require additional authorisation to travel; please check the rules for your destination in advance.
20. Travel insurance
Adequate travel insurance is a condition of travelling with us. You must hold a policy that covers, as a minimum, cancellation and curtailment, medical and repatriation expenses, and the golf and any other activities you plan to undertake. We may ask you to confirm your insurer’s name and your policy number. We are not responsible for any loss you suffer that suitable insurance would have covered, so please make sure your cover is in place from the time you book.
21. Golf arrangements: tee times, handicaps and course rules
Tee times:
Golf tee times are arranged with each course and are not guaranteed until confirmed by us in writing. Some prestige courses (for example the Old Course at St Andrews) allocate tee times by ballot or release them only a limited time in advance, so a specific date or time cannot be promised. Where a requested tee time is unavailable, we will offer the closest practicable alternative.
Handicaps and certificates:
Certain courses require players to hold a recognised handicap and to provide a handicap certificate. It is your responsibility to hold any required handicap and to carry evidence of it. A course may refuse play to anyone who cannot meet its requirements, and no refund will be due in that case.
Dress codes and etiquette:
Each club sets its own dress code and rules of etiquette, which you must observe. Clubs may refuse access to players who do not comply.
Buggies and equipment:
Golf buggies and other equipment are subject to availability and to each course’s rules; some courses restrict buggy use or require a medical certificate. Buggy hire is not guaranteed unless confirmed.
22. Accommodation, room types and special requests
Room types and occupancy are as shown on your booking confirmation. Single occupancy may be subject to a single supplement. Specific requests - such as a particular room type, adjoining rooms, a sea view, or dietary requirements - are passed to the supplier but cannot be guaranteed unless we have confirmed them to you in writing.
Medical conditions, disability and accessibility:
If you have any medical condition, disability or mobility requirement that may affect your arrangements, please tell us before you book so that we can advise whether the arrangement is suitable and make reasonable efforts to assist. We will do our best to meet reasonable requirements but cannot guarantee them unless confirmed in writing.
23. Transferring your booking
If you are prevented from travelling, you may transfer your booking to another person who satisfies all the conditions that apply to it, provided you give us reasonable notice in writing - and in any event not less than 7 days before departure. You and the person you transfer to are jointly responsible for paying any outstanding balance and the reasonable costs we incur in making the transfer, which we will tell you in advance. Please note that some elements, such as flight tickets, may be non-transferable or may be treated by the supplier as a cancellation and re-booking.
24. Changes and cancellation by you
Changes you ask for:
If you wish to change a confirmed booking, we will try to help. A modification fee of £20 per person applies to cover our administration costs, in addition to any charges imposed by suppliers as a result of the change. Some changes may be treated as a cancellation and re-booking.
If you cancel:
If you cancel a confirmed booking you must tell us in writing as soon as possible. The earlier you tell us, the lower the charge is likely to be. Our standard cancellation charges, which reflect a reasonable estimate of the costs we incur, are:
| When we receive your written cancellation | Charge (% of total cost) |
| More than 60 days before arrival at destination | 30% |
| 60–30 days before arrival | 60% |
| 29–15 days before arrival | 80% |
| Fewer than 15 days before arrival | 100% |
Cancellation charges may differ for certain packages; any difference will be confirmed before you book. Failure to check in, or delays caused by a transport provider, does not exempt you from these charges - which is why we recommend travel and cancellation insurance.
Your right to cancel in exceptional circumstances:
If unavoidable and extraordinary circumstances at or near your destination significantly affect the performance of your package, or your transport to it, you have the right to cancel before departure without paying a cancellation charge and to receive a full refund of the payments you have made for the package, in line with the Package Travel Regulations. This refund does not include separately purchased travel insurance.
Group bookings:
For group bookings, the price depends on the number of people travelling. If some members of the group cancel, the price per remaining person may be recalculated, and the members who cancel are subject to the charges above.
25. Changes and cancellation by us
We plan arrangements many months in advance and occasionally need to make changes. Most are minor. If we have to make a significant change to a main characteristic of your package, or cannot provide it as confirmed, we will tell you as soon as possible and you will be able to: accept the change; accept a substitute package of equivalent or higher standard if we can offer one (or a lower-standard one with a price reduction); or cancel and receive a full refund. Where the Package Travel Regulations entitle you to compensation, we will pay it, except where the change or cancellation is caused by unavoidable and extraordinary circumstances.
Minimum numbers:
Some tours require a minimum number of participants to operate. If that minimum is not reached, we may cancel the tour and will tell you no later than: 20 days before departure for trips lasting more than 6 days; 7 days before departure for trips lasting between 2 and 6 days; and 48 hours before departure for trips lasting fewer than 2 days. In that case you will receive a full refund, but no additional compensation is payable.
26. Our responsibility for your booking
We are responsible for making sure each part of your package is provided as described and to a reasonable standard. If any part is not, please tell us and we will put it right where we can. We accept responsibility, in line with the Package Travel Regulations, for the proper performance of the package, subject to the limits and exclusions allowed by law.
Limits on our responsibility:
We are not responsible for any failure that is attributable to you, to a third party unconnected with the package and which we could not foresee or avoid, or to unavoidable and extraordinary circumstances. Where international conventions (for example those covering air, sea or rail travel) limit the compensation a carrier must pay, our liability is limited in the same way.
Limit on the amount of our liability:
Except for claims involving death or personal injury, or loss caused by our intentional act or our negligence, our liability to you in connection with any booking is limited to three times the total price paid for that booking.
Non-excludable liability:
Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded or limited. Your statutory rights as a consumer are not affected.
In the case of illness or accident during your trip, we will do our best to assist and to arrange appropriate medical care. The cost of medical treatment is your responsibility (and is why travel insurance is essential).
27. Our duty to provide assistance
If you find yourself in difficulty during your trip, we will provide appropriate assistance without undue delay. This includes giving you information on health services, local authorities and consular assistance, and helping you to make alternative arrangements or communications. Where the difficulty has been caused intentionally or through your own fault, we may charge a reasonable fee for this assistance, not exceeding the costs we actually incur.
28. Matters outside our control
“Unavoidable and extraordinary circumstances” means events beyond our reasonable control, the consequences of which could not have been avoided even if all reasonable measures had been taken - for example war or threat of war, civil unrest, terrorist activity, serious security risks, significant risks to human health such as an epidemic, natural disasters, fire, flood, adverse weather, industrial action, or the acts of any government or public authority. Where such circumstances prevent us from providing a service, the consequences are dealt with under clauses 24–26 and the Package Travel Regulations rather than by a payment of compensation.
Admission prices for some third-party attractions (such as museums, monuments and golf courses) may change during the year; where this affects your arrangement we will tell you.
29. Your conduct, curtailment and damage
You are responsible for behaving in a way that does not cause distress, danger or damage to others or to property. Suppliers such as hotels, airlines and golf clubs may refuse to carry or accommodate anyone who behaves unacceptably, and we may end your arrangements in such cases without refund or liability.
Damage and loss:
You are responsible for any damage or loss you cause to accommodation, transport, golf facilities or other property, and must meet the cost directly. We may pass on to you any charge a supplier makes to us as a result.
Cutting your trip short.
If you choose to curtail your trip, or are unable to continue it, we cannot refund the cost of any unused services. Where the curtailment is due to an insured event, you should claim under your travel insurance.
31. Photography and marketing
From time to time we, or our representatives, may take photographs or video during tours for promotional use. If you would prefer not to appear in such material, please let us know and we will respect your wishes. Where you send us photographs, video or reviews, you grant us permission to use them in our marketing, and you confirm that you have the consent of anyone featured in them.
32. Complaints and dispute resolution
If you have a problem during your trip, please tell the relevant supplier (for example the hotel) and our representative or contact straight away, so that we have the chance to put things right while you are away. If your complaint cannot be resolved locally, please write to us within 28 days of returning home, quoting your booking reference, and we will investigate and respond. Raising a concern promptly helps us resolve it quickly and fairly.
Complaints contact: phone +44 (0)1334 850 030 or email to hello@kinfern.com
33. Law and jurisdiction
Kinfern Holdings Limited is registered and based in Scotland. These Booking Conditions and your contract are governed by the law of Scotland, and disputes are subject to the jurisdiction of the Scottish courts. If you are a consumer living elsewhere in the UK, you may also bring proceedings in the courts of the part of the UK in which you live. The purchase of one or more of our holidays involves full agreement to these conditions.
34. Contact Details
Kinfern Holdings Limited
Kinfern, Kincaple, St Andrews, KY16 9SH, Scotland, UK
Tel: +44 (0)1334 850 030
Email: hello@kinfern.com