Booking Conditions
1. YOUR CONTRACT WITH GOLFBREAKS.COM
When you book a golf break with Golfbreaks.com, your contract is with Golfbreaks Limited, company number 03571913, with its registered office address at 2 Windsor Dials, Arthur Road, Windsor, Berkshire, SL4 1RS, trading as Golfbreaks.com (“we” or “us”). We are a member of ABTA, no W8130. Your contract is subject to the following terms and conditions. Please read them carefully as you will be bound by them.
We accept bookings for two types of break
a) The first type of break is a "Resort booking", where you book accommodation with golf and the golf element is part of the hotel’s facilities, for example, the hotel has its own golf course ("hotel" in these conditions includes hotels, self-catering accommodation and all other accommodation you may book with us). A Resort booking comprises a single component accommodation-only service that is organised by us as principal and does not constitute a package holiday under The Package Travel, Package Holidays and Package Tours Regulations 1992. Accordingly, we are not required to provide you with financial protection in the event of our insolvency. See clause 18 for further details.
b) The second type of break is a "Tour booking", where you book a pre-arranged combination of any of accommodation, golf or certain types of transport, for example, ferry, hovercraft, Eurotunnel, car hire, coach and rail, with us but the hotel only provides the accommodation element and other suppliers provide the golf and/or transport element. We sell Tour bookings at an inclusive price as part of a package and so your booking is regulated by The Package Travel, Package Holidays and Package Tours Regulations 1992. You are protected in the event of our insolvency by our ABTA bond. See clause 18 for further details.
You can make bookings for car hire with Auto Europe and transfers with HolidayTaxis.com using links to the websites of these providers in the Travel Extras section of our website. Please see our Terms of Use which apply in relation to any of the third party websites listed. Any bookings you make with Auto Europe, HolidayTaxis.com or any other third party provider in the Travel Extras section of our website do not form part of your booking with us and are governed by the terms and conditions of those third party providers. We do not have any liability whatsoever in relation to those services.
2. ACCURACY
Although all reasonable efforts have been made to ensure the accuracy of the information (including prices) in our brochures, on our website (www.golfbreaks.com), in our email newsletters and quotes, and in our promotional material and printed media, regrettably changes and errors occasionally occur. We will therefore confirm the details of your chosen break (including the price) at the time of booking.
3. PRICE AND PAYMENT
We reserve the right to increase the price of any golf break advertised on our website or in our brochure at any time before you book. We will advise you of the current price of the golf break that you wish to book before your contract is confirmed. Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings.
A non-refundable deposit of £35 per person must be paid at the time of booking. We reserve the right to ask for an additional deposit amount for certain bookings where we need to pre-pay to the supplier an additional sum to secure your booking. The balance of the price of your break must be paid no later than one calendar month for UK breaks and 6 weeks for overseas breaks, before the date your contracted break is due to commence (the “Balance Due Date”). In some cases bookings may require full payment more than six weeks in advance of your golf break, however this will be clearly advised to you at the time of booking. Bookings made less than one calendar month for UK breaks, and less than 6 weeks for overseas breaks, before the date the contracted break is due to commence, must be paid in full at the time of booking. If the deposit balance or final balance is not paid by the Balance Due Date, we reserve the right to cancel your booking and retain your deposit paid.
The cost of your accommodation does not include any services that you may use whilst at the accommodation additional to any golf facilities already included in the price of your break. You must pay the hotel directly for such additional services.
Once your booking is confirmed, the price of your break is fixed and will not be subject to any surcharges.
4. METHODS OF PAYMENT
We accept the following credit/debit cards: Visa, MasterCard, American Express, Switch, Delta and Connect. All payments made by credit card carry a 1.5% handling charge, except for American Express which carries a 2.5% handling charge. There is no handling charge for payments paid by debit card. Cheques made payable to Golfbreaks.com are also accepted so long as we receive them no later than 2 weeks before your travel date. Please clearly write the booking number on the back of the cheque.
Members may make payments for bookings online on our secure payment site. All online payments made by credit card carry a 1% handling charge, except for American Express which carries a 2% handling charge. There is no handling charge for payments made by debit card. The MasterCard SecureCode verification system enhances your existing card account against unauthorized use provided you have registered and created your own private password with your card issuer. You will be prompted to give your password each time you make a payment.
5. BOOKING AND CONFIRMATION OF BOOKING
Bookings must be made by telephoning our Sales office on 0800 279 7988 (you can request a call back via our website) or emailing us at sales@golfbreaks.com. You must be 18 years or over to make a booking and all bookings are subject to availability. Once you have confirmed your booking by telephone or email and paid the required deposit per person, we will then email you (or send by post, if requested) your booking confirmation, which will show the balance to be paid, and the date by which it is due. A contract will exist as soon as we issue the booking confirmation. Please check the booking confirmation carefully as soon as you receive it paying special attention to the room type and tee times. Please contact us within 72 hours of receiving the confirmation invoice if any information appearing on the confirmation or any other document appears to be incorrect or incomplete, as it may not be possible to make changes later.
Group Bookings:
Where your booking is for more than one person, the lead name will be responsible for the entire booking. As lead name you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these Booking Conditions. The lead name will be responsible for making all payments due to us in accordance with our contract. The lead name is also responsible for keeping all members of his/her party informed as to the booking details and informing us in writing of any amendments to or cancellations of the booking.
6. CANCELLATIONS/AMENDMENTS BY YOU
If, once the confirmation invoice has been issued, you wish to change the numbers of persons in your group booking, transfer your break to another person, or cancel your break, the person who originally booked the break (the lead name) must notify us in writing by email, post or fax.
Because we incur costs in cancelling confirmed bookings, particularly if cancellations occur close to the departure date, you will be charged a cancellation fee. If you cancel your break or the number in your group booking reduces before the Balance Due Date, we will retain the deposit paid by (or due from if still outstanding) each person cancelling as a cancellation fee. If you cancel on or after the Balance Due Date we may charge you a cancellation fee which is up to an amount equal to the balance of the price of your break depending on the cancellation costs we incur to the suppliers with whom we have arranged your golf break and how close your cancellation is to your departure date. If you have already paid your balance at the time of cancellation, we will be entitled to retain the cancellation amount from the balance paid, and will refund to you the difference (if any). Please contact sales@golfbreaks.com or your allocated customer service agent at Golfbreaks prior to confirming your break in order to find out your hotel or golf course’s specific cancellation policy. Note that if the reason for your cancellation is covered under the terms of your personal travel insurance policy (see section 12), you may be able to reclaim these charges.
All amendments are subject to availability and whilst we will do our utmost to make your requested changes, it may not always be possible to fulfill your request. We will normally agree to a transfer of your booking to another person if you are prevented from travelling by reason of an unavoidable event (such as illness, death of a close relative or jury service), provided that we receive 14 days’ notice prior to the departure date and that the person to whom you wish to transfer satisfies all the conditions of the break. We may require satisfactory evidence before agreeing to the transfer. In the event of any other amendments, you may be asked to pay an administration charge reflecting the costs we incur in making the amendment. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. In particular, if numbers change so that there is an odd number remaining in the party, single room supplements will apply. If you wish to transfer your UK golf break to a European venue or vice versa, an amendment fee of £20 per person will apply.
7. CANCELLATIONS/AMENDMENTS BY US
Occasionally, we have to make changes to, and correct errors in, our brochures and on our website and other details both before and after bookings have been confirmed, as well as cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However we will not cancel your Tour booking after the Balance Due Date, except for reasons of force majeure (as defined in clause 16 below) or failure by you to pay the final balance by the Balance Due Date.
Most changes are minor and we will advise you of them at the earliest possible date. Occasionally, we have to make a "significant change" and we will tell you of any such change as soon as reasonably possible if there is time before departure. If we make a significant change or cancel your break, we will offer you the choice of the following options:-
(i) accepting the changed arrangements; or
(ii) purchasing an alternative break from us. In the case of a Tour booking, if available, we will offer you an alternative break of equivalent or higher standard for which you will not be asked to pay any more than the price of the original break. In the case of a Resort booking, you can choose any alternative break we are able to offer you, but you will pay the increase in cost if the replacement is advertised at a higher price than your original break. In both cases, if the alternative break is in fact cheaper than the original one, we will refund the price difference; or
(iii) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
In addition, if we have to make a significant change to or cancel your Tour booking, we will pay you compensation, if appropriate. However, compensation will not be payable and no liability beyond offering the above-mentioned choices is accepted where we are forced to make a change or cancel as a result of force majeure(as defined in clause 16 below) or if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time). No compensation will be payable in any circumstances if we change or cancel a Resort booking and any amendment or cancellation fees you incur in terms of other agreements you have made with other providers under separate contracts are not claimable from us.
8. COMPLAINTS DURING YOUR BREAK
If you have a complaint or experience any problems during your break please inform the hotel or supplier concerned as soon as possible whilst in resort. If the matter cannot be resolved locally with the supplier at the time, you must notify our Customer Services Department at our main office address in writing, giving your booking reference and all other relevant information within 28 days of completion of your break. This will assist us to quickly identify your concerns and speed up our response to you. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
9. OUR LIABILITY TO YOU
(1) In relation to Tour bookings, we promise to make sure that the booking arrangements we have agreed to make perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted booking arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted booking arrangements and, in the case of your contracted booking arrangements not being provided as promised or proving to be deficient, that this has affected your enjoyment of your break. Please note it is your responsibility to show that reasonable skill and care has not been used and that your enjoyment of the break has been affected if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) In relation to Resort bookings, we have a duty to select the accommodation providers with reasonable skill and care, but have no liability to you for the actual provision of the accommodation, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or others.
(3) In relation to both Resort bookings and Tour bookings, we will not be liable for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party;
- or the act(s) and/or omission(s) of a third party not connected with the provision of your booking and which were unforeseeable or unavoidable;
- unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if due care had been exercised; or
- an event of 'force majeure' (as defined in clause 16 below).
(4) We do not accept responsibility or liability for any services which do not form part of our contract with you. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised on our website or in any of our brochures as being included in the price of your break and we have not agreed to arrange them.
(5) The promises we make to you about the services we have agreed to provide or arrange as part of our contract and the laws and regulations of the country in which your claim or complaint occurred will be used as the basis for deciding whether the services in question were properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the UK laws and regulations that would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable client to refuse to take the break in question.
(6)Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your booking. In addition, where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited in accordance with:
(a) the contractual terms of carriage of the companies that provide the transportation for your break (and such terms are incorporated into this contract); and
(b) any applicable international convention, for example, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limits the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage.
Copies of the contractual terms of the suppliers of your break and the applicable international conventions are available from us on request.
(7) We do not accept any liability for any damage, loss, cost, expense or other sum(s) of any description (a) which, on the basis of the information given to us by you concerning your booking prior to our confirming it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we do not accept liability for any business losses, including loss of profit.
(8) You must provide us and our insurers with all the assistance that we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint (see clause 8 above). If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
10. ARBITRATION
We are a member of ABTA, with registration number W8130. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract and which cannot be amicably settled. Further information on the Code and the arbitration scheme can be found on ABTA’s website at www.abta.com. The scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and statement of claim must be received by IDRS within 9 months of the date of return from the break. Outside this time limit arbitration under the Scheme may still be available if we agree, although the ABTA Code does not require such agreement. For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details on request from www.abta.com.
11. PROMPT ASSISTANCE IN RESORT
If the contract we have with you for your Tour booking is not performed or is improperly performed as a result of failures attributed to a third party unconnected with the provision of services, or as a result of failures due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event in which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
12. INSURANCE
We consider adequate travel insurance to be essential. Details of a comprehensive insurance policy with Essential Travel Limited that provides additional golf cover can be accessed via a link on our website. Essential Travel insurance policies are underwritten by AXA Travel Insurance. Both Essential Travel Limited and AXA Insurance UK plc are authorised and regulated by the Financial Services Authority. Golfbreaks.com is exempt from authorisation by virtue of being an Introducer Appointed Representative (IAR) of Essential Travel Limited.
If you decide not to purchase this insurance, or it is unavailable, you must ensure that any alternative policy you purchase covers as a minimum the cost of cancellation by you, or, if you have taken a non-UK break the cost of assistance including repatriation, in the event of an accident or illness. Please note that not all insurance policies intended for travel overseas are adequate to cover you for the UK breaks we feature. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check insurance policies. Please read your policy details carefully and take them with you on your break.
13. SPECIAL REQUESTS AND MEDICAL PROBLEMS
If you have any special requests; you must advise us at the time of booking. Although we will endeavor to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
If you or any member of your party has any medical problem or disability that may affect your break, please tell us before you confirm your booking. In any event, you must give us full details in writing at the time of booking. If the supplier in question reasonably feels unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline your reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
14. PASSPORTS VISAS AND HEALTH REQUIREMENTS
British Citizens must have a full British Passport in order to travel to France, Belgium, Italy, America, Turkey, Morocco, Tunisia, Dubai, South Africa, Egypt, Spain and Portugal. For travel to the Republic of Ireland, British Citizens will require some form of photographic official ID such as a passport or driving licence. Most ferry companies and airlines flying from the UK to the Republic of Ireland will require you to have your passport and we strongly recommend that you take your passport with you. A full British passport presently takes approximately 6 weeks to obtain. If you or any member of your party is 16 or over and haven't yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. All costs incurred in obtaining such documentation must be paid by you. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation.
The Foreign and Commonwealth Office provides up to date information to help you make an informed decision about travelling abroad. Visit www.fco.gov.uk for further information.
Health requirements for travelling abroad change, and you should check the up-to-date position in good time before departure by visiting the travel advice section on the Department of Health’s website or by checking the recommended practice with your GP, practice nurse or travel health clinic. We can advise you on any compulsory health requirements if you are travelling abroad for your break
15. DELAYS
In the event of delays to your transportation, the provision of refreshments is governed by the individual operator's policy. We do not book flights and cannot accept liability for any delay due to arrangements you make for air travel or any other transportation not booked with us.
16. FORCE MAJEURE
In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include, without limitation, war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemics and pandemics and all similar events outside our control.
17. DATA PROTECTION
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as name, address, and any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. You are entitled to a copy of your information held by us. If you would like to see this please contact Customer Services at Golfbreaks.com, 2 Windsor Dials, Arthur Road, Windsor, SL4 1RS. We may make a small charge for providing this to you.
We may wish to contact you by post or telephone or both with news, information and offers on our golf breaks and other similar products and services offered by our company, other selected third parties, and for market research purposes. If you prefer not to be contacted for any of these purposes, please contact Customer Services at Golfbreaks.com, 2 Windsor Dials, Arthur Road, Windsor, SL4 1RS.
If you have consented to receive marketing communications from us (including our email newsletter) or from selected third parties by email, we or the relevant third party may contact you by email for this purpose. You may unsubscribe at any stage to future emails. Please see our Privacy Policy for further details.
18. FINANCIAL PROTECTION
Monies that you pay to us for Tour bookings are secured by our ABTA bond in the event of our insolvency. This means that if, in the unlikely event of our insolvency, your Tour booking can’t be provided, you will receive your money back, or if your break has started, arrangements will be made for you to be able to continue as planned. Resort bookings do not have this financial protection and so you may wish to take out your own insurance to cover the event of our insolvency.
19. GOVERNING LAW AND JURISDICTION
This contract and any dispute, claim or other matter of any description which arises out of or in connection with this contract is governed by and shall be construed in accordance with English law. The Courts of England and Wales shall have jurisdiction to decide any dispute or claim that arises out of or in connection with this contract, except that you may elect to choose resolution by arbitration under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question – see clause 10). If you are a resident of Scotland or Northern Ireland, you may choose the law and jurisdiction of in Scotland or Northern Ireland instead.
January 19th 2010
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