Golf to Go Breaks Limited standard terms and conditions for the provision of services
In this document the following words shall have the following meanings:
"Agreement" means these Terms and Conditions together with the terms of any applicable Specification Document;
"Customer" means the organisation or person or lead name for a group who purchases services from the Provider;
"Specification Document" means a statement of work, quotation or other similar document written by the Provider describing the services to be provided by the Provider;
"Provider" means Golf to Go Breaks Limited (Company Number 09213272) of 8 Stoneleigh Court, Newton Aycliffe, County Durham, DL5 4TL, trading as golftogobreaks.co.uk.
These Terms and Conditions shall apply to all contracts for the supply of services by the Provider to the Customer. These Services shall generally consist of the arrangement and provision of golfing breaks and unless stated to the contrary in the Specification Document, shall exclude the cost of flights, the cost of transport from the Customer’s home to their chosen airport and the provision of travel insurance for the Customer.
Before the commencement of the services the Provider shall submit to the Customer a Specification Document which shall specify the services to be supplied and the price payable. The Customer shall notify the Provider immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.
Transport from the destination airport to the destination accommodation is included within the price but collection from the airport may need to be arranged to accommodate several inbound flights and some waiting may occur as a result. If the Customer’s party includes individuals travelling on multiple flights and the Customer is concerned at the amount of waiting time involved, the Provider may arrange additional collections but this will involve additional cost. The Specification Document will then be amended to reflect the arrangements required by the Customer and the applicable cost of the additional transport.
The selected golf course is not under the control of the Provider and the Customer must abide by the rules of the course in question and the Provider accepts no liability in respect of the consequences of the Customer’s failure to do so.
With the exception of matters of safety, services arranged by the Provider are in accordance with the local laws, regulations and standards of the country in which they are provided.
The Provider shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.
PRICE AND PAYMENT
The price for the supply of services are as set out in the Specification Document. The Customer shall pay the Provider prior to the commencement of the services.
If the booking is made more than six weeks in advance of the commencement of the provision of the services detailed in the Specification Document, then the Customer shall pay a deposit of 25% of the total cost or any sum detailed in the Specification Document, whichever is greater. The Provider may require a further pre-payment if necessary to secure any element of the services detailed in the Specification Document.
The final balance of payment shall be made six weeks prior to the commencement of the provision of the services detailed in the Specification Document, or if the service is booked within six weeks of commencement the full payment detailed in the Specification Document will be made at the time of booking.
SPECIFICATION OF THE SERVICES
All services shall be required only to conform to the specification in the Specification Document. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Provider and no representation written or oral, correspondence or statement shall form part of the contract.
Any price detailed on the Company’s web site or the Company’s brochure is subject to change and correction. The price to be paid by the Customer is that detailed in the Specification Document.
The details of the accommodation provided is all as detailed in the Specification Document. Any extra item ordered by the Customer whilst at the accommodation is additional and shall be paid locally by the Customer.
Any special requests and medical problems requiring further assistance shall be identified by the Customer at the time of making their booking. Unless specifically identified in the Specification Document, the Provider’s obligations in conforming to special requests are based upon their reasonable endeavours and no guarantee is given as to the Provider’s ability to conform to any such request.
TIMING OF THE SERVICES
Dates and times specified by the Provider are an estimate only. Time shall not be of the essence for the purpose of the contract and the Provider shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the provision of the services.
To enable the Provider to perform its obligations under this Agreement the Customer shall:
co-operate with the Provider;
provide the Provider with any information reasonably required by the Provider;
comply with such other requirements as may be set out in the Specification Document or otherwise agreed between the parties, including being at specified locations reasonably at the times notified by the Provider or as stated in the Specification Document;
ensure that they have adequate travel insurance, documentation and flight tickets.
The Customer shall be liable to compensate the Provider for any expenses incurred by the Provider as a result of the Customer’s failure to comply with Clause 6.1.
The Customer shall warrant to the Supplier that they are over the age of 18 and are legally capable of entering into a binding contract.
Without prejudice to any other rights to which the Provider may be entitled, in the event that the Customer unlawfully terminates or cancels the services agreed to in the Specification Document, the Customer shall be required to pay to the Provider as agreed damages and not as a penalty the full amount of any third party costs to which the Provider has committed and in respect of cancellations on less than five working days’ written notice the full amount of the services contracted for as set out in the Specification Document, and the Customer agrees this is a genuine pre-estimate of the Provider’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 6.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this clause.
In the event that the Customer or any third party, not being a sub-contractor of the Provider, shall omit or commit anything which prevents or delays the Provider from undertaking or complying with any of its obligations under this Agreement, then the Provider shall notify the Customer as soon as possible and:
the Provider shall have no liability in respect of any delay to the completion of any service;
if applicable, the timetable for the provision of services will be modified accordingly;
the Provider shall notify the Customer at the same time if it intends to make any claim for additional costs;
for the purpose of this Clause 6, a golf course shall not be deemed a sub-contractor of the Provider.
ALTERATIONS TO THE SPECIFICATION DOCUMENT
The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of services and/or services to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed services and/or services and price and any other terms agreed between the parties.
The Customer may at any time request alterations to the Specification Document by notice to the Provider. On receipt of the request for alterations the Provider shall, advise the Customer by notice of the effect of such alterations, if any, on the price and any other terms already agreed between the parties. Alterations may include but shall not be limited to, the hire of clubs, upgrading the trolley to an electric version, changes to tee times, additional rounds and the addition of further persons to a group booking.
Where the Provider gives notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, advise the Provider by notice whether or not it wishes the alterations to proceed.
Where the Provider gives notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms that it wishes the alterations to proceed on those terms, the Specification Document shall be deemed amended to reflect such alterations and thereafter the Provider shall perform this Agreement upon the basis of such amended terms.
Any alterations requested by the Customer in accordance with Clause 7.2 are strictly subject to availability and the Provider is under no obligation to accommodate and alteration.
The Provider warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by the Provider.
The accommodation provided by the Provider shall be selected with reasonable skill and care and shall conform to the specification detailed in the Specification Document. The Provider does not accept any liability for the accommodation conforming to a subjective opinion of the Customer as to what is acceptable.
With the exception of issues of safety, items provided
The Customer shall indemnify the Provider against all claims, costs and expenses which the Provider may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement
LIMITATION OF LIABILITY
Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Provider to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to the Provider for the services to which the claim relates.
In no event shall the Provider be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Provider had been made aware of the possibility of the Customer incurring such a loss.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 calendar days of being given written notice from the other party to do so;
the other party commits a material breach of this Agreement which cannot be remedied under any circumstances;
the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
the other party ceases to carry on its business or substantially the whole of its business; or
the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
In the event that the Customer decides to cancel the services detailed in the Specification Documents in part or in full, then the Provider may charge the Customer a cancellation fee and the costs of any expenditure made by the Provider.
The deposit paid by the Customer in accordance with Clause 3.2 may only cover the costs incurred by the Provider and the cancellation fee and the Customer may not be entitled to a refund.
If cancellation is made within six weeks of the scheduled commencement, then the costs incurred by the Provider and the cancellation fee may result in the Customer not being entitled to a refund.
Any losses experienced by the Customer as a result of a justifiable cancellation should be covered by the Customer’s travel insurance (not covered within the provisions of the Agreement) and the Customer should attempt to recover any losses through this route.
Where a booking is to be made for more than one person, the group shall select a lead name who is responsible for the group booking. The Agreement shall exist between the lead name and the Provider.
The lead name is responsible for making all payments and for informing the Provider of any amendments or cancellations.
If the Customer has any complaints with respect of the service provided by the Provider, these should in the first instance be addressed to the Provider verbally as soon as possible. The Provider will then endeavour to resolve the complaint locally. If the Customer is not satisfied with the outcome, a formal complaint shall be submitted in writing and be clearly titled “Complaint”; this shall clearly detail the reasons for the complaint.
The Customer shall allow the Provider a minimum 14 days from delivery to respond to a written complaint raised in accordance with Clause 14.1.
If the Customer does not accept the response to a complaint as detailed in Clause 14.2, then they shall notify the Provider in writing within 14 days of the date of the response.
The Provider shall be allowed a further 7 days from receipt to respond to the notice of non acceptance detailed in Clause 14.3.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
The Provider and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Provider may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Provider of its obligations under this Agreement or any applicable Specification Document.
The Customer shall not be entitled to assign its rights under this Agreement without the prior written consent of the Provider.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.