Terms & Conditions
Golfbreaks is ABTA bonded
Golfbreaks.com is a member of ABTA (The Travel Association), the UK's premier trade association for tour operators and travel agents. Our membership of ABTA acts as an assurance to our customers of the high standards that we offer ensuring you can book with confidence. All the package holidays we sell are covered by a scheme protecting your money in the event of our insolvency. Other services such as hotels or flights on their own may not be protected and you should ask us what protection is available. As a member of ABTA we are subject to the ABTA Code of Conduct. Please visit www.abta.com for further details.
Golfbreaks is ATOL bonded
All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions below for further information or for more information about financial protection and the ATOL certificate you can visit www.caa.co.uk
The website Golfbreaks.com is owned and operated by Golfbreaks Limited (“Golfbreaks” "we" or "us"), which is registered with company number 03571913 and has its registered office at Minton Place, Victoria Street, Windsor, SL4 1EG. We are a member of ABTA (membership numbers W8130 / P7106) and have an Air Travel Organiser's Licence (“ATOL”) (Licence number 10374).
The booking conditions which apply to your booking will vary depending on the type of golf break you decide to book. We accept bookings for two types of break.
(a) The first type of break is a "UK Hotel Booking", where you book hotel accommodation with golf in the UK and the golf element is part of the hotel’s facilities, for example the hotel has its own golf course ("hotel" in these booking conditions includes hotels, self-catering accommodation and any other accommodation you may book with us). In arranging these bookings, we will act as an agent for the hotel and arrange for you to enter into a contract with the hotel. Sections A and B of these booking conditions will apply to your booking.
(b) The second type of break is a "Package Booking", which will include all bookings you make with us other than UK Hotel Bookings. These types of bookings are package holidays and so the provisions (and the financial protection requirements) of the Package Travel and Linked Travel Arrangements Regulations 2018 (the “Regulations”) will apply and we will accept responsibility for your booking as Package Organiser. It is our duty as the Package Organiser to ensure that you have been provided with all details set out here before the booking is made. If you have not been given sufficient information please let us know immediately. In arranging Package Bookings, we will act as a principal and so your contract will be with us. Sections A and C of these booking conditions will apply to your booking.
You should also be provided with all the following information as set out here which will be provided in the package contract you enter into with us. If you have not been given sufficient information please let us know immediately. More information on key rights under the Package Travel and Linked Arrangements Regulations 2018 can be found here.
Please read the following booking conditions carefully as you will be bound by them. We recommend that you print off a copy and keep them with your booking confirmation.
Section A: Applicable to all bookings
1. 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.
2. Price and Payment We reserve the right to alter the price of any golf break, not limited to any pricing error, and we will advise you of the current price of the golf break before any booking. Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings.
A non-refundable deposit of £35 per person for UK breaks, £50 per person for European breaks and £75 per person for all other international breaks must be paid at the time of booking. We reserve the right to ask for an additional amount for certain bookings where we need to pre-pay to the supplier an additional sum to secure your booking, in particular where your booking includes a flight. The balance of the price of your break must be paid no later than 6 weeks for UK breaks, and 8 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 8 weeks in advance of your golf break, in particular, bookings which include flights, however this will be advised to you at the time of booking. All bookings made via our online booking facility require payment in full at the time of booking. Bookings made less than 6 weeks for UK breaks, and less than 8 weeks for overseas breaks, before the date the break is due to commence must be paid in full at the time of booking. If the deposit, balance or final balance (as applicable) is not paid by the Balance Due Date, we, or where we are acting as agent, the hotel reserves 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 or purchase whilst at the accommodation other than those specifically included in the price of your break as set out in your booking confirmation. You must pay the hotel directly for such additional services. These may include spa treatments, purchases from pro shops and any meals and drinks not stated to be included in the price of your break.
3. Payment methods Payments can be made online through our secure customer portal using both debit and credit cards (including MasterCard, Visa and American Express), or over the telephone through our sales and customer service teams. We also accept bank transfers and cheques, made payable to Golfbreaks Limited, as long as we receive them within our normal payment terms stated in section 2. Please clearly use your booking number as a reference for bank transfers or on the back of a cheque.
There are no surcharges for using personal debit or credit cards, however there is a 2% charge for the use of commercial business cards.
We take all reasonable care to ensure our website is secure but, unless we have been negligent, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing our website.
By entering your payment details, you confirm that the credit or debit card that is being used is yours or that you have been specifically authorised by the owner of the credit or debit card to use it. All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, we will not be able to process your booking.
4. Booking and Confirmation of Booking You can make a booking for a golf break by either telephoning our Sales office on 01753 752900, sending us an enquiry about a break using our “Enquire Now” button or, for some of our breaks, using our online booking facility which enables you to book and pay online. You must be 18 years or over to make a booking and all bookings are subject to availability.
If you send us an enquiry about a break using our Enquire Now service, we will acknowledge receipt of your enquiry as soon as possible and then telephone or email you with availability and any other details you require. If you want to go ahead and book your break, we will take payment over the telephone.
For bookings made and paid for online, we will send you an acknowledgement of receipt of your booking request together with a booking reference by email.
After we have taken payment, we will then email you (or send by post, if requested) a booking confirmation, which will set out full details of your booking and show any remaining balance to be paid and the date by which it is due (note that full payment is usually taken at the time of booking for online bookings). For Package Bookings, whether by telephone, by email or online, a contract between you and us will only exist when we issue the booking confirmation. For UK Hotel Bookings whether by telephone, by e-mail or online, a contract between you and the hotel will only exist when 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 booking confirmation 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 in accordance with the contract; keeping all members of his/her party informed as to the booking details; informing us in writing of any amendments to or cancellations of the booking; and receiving any refunds due for and on behalf of the group and distributing the same among the group. Golfbreaks is not responsible for paying individual refunds to group members.
If the lead name booking wishes to transfer the booking to another lead name in the group, lead name must notify us by email to [email protected] of their wish to transfer to the new lead name, together with a confirmation from the new lead name of their willingness to take over the group booking and the responsibilities of lead name as set out in this clause. We shall not be obliged to transfer a group booking to a new lead name if the foregoing clause is not complied with.
5. If you have a Complaint If you have a complaint or experience any problems during your break, please inform the hotel or supplier concerned as soon as possible who will endeavour to put things right. If the matter cannot be resolved locally, please contact Golfbreaks by emailing [email protected] or phone 01753 752900 allowing Golfbreaks to assist on your behalf. If you fail to follow this procedure, they (and 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. Alternatively, please write to our Customer Services Department at Minton Place, Victoria Street, Windsor, SL4 1EG or [email protected], giving your booking reference and all other relevant information within 28 days of returning home. Please also see clause 6 below on ABTA.
6. ABTA We are a member of ABTA, with membership numbers W8130 / P7106. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes arising out of this contract which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on ABTA’s website at www.abta.com.
7. Insurance We consider adequate travel insurance to be essential. Details of a comprehensive insurance policy with Staysure, that provides additional golf cover, can be accessed via the link on our website. Staysure Travel Insurance is administered by Howserv Limited which is registered in England and Wales under company number 03882026 and is authorised and regulated by the Financial Conduct Authority FRN 599282. Staysure is a trading name of TICORP Limited and Staysure Travel Insurance is arranged by TICORP Limited which is registered in Gibraltar company number 111526. TICORP Limited is licensed and regulated by the Gibraltar Financial Services Commission number FSC1238B and trades into the UK on a freedom of services basis, FCA FRN 663617. Gofbreaks is exempt from authorisation by virtue of being an Introducer Appointed Representative (IAR) of Staysure.
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 full costs that could be incurred in the event of you suffering an accident or illness, including repatriation. You should also ensure that the insurance covers you in the event that you cannot go on your trip because you have COVID-19, you have told to self-isolate or you failed a test at the departure or arrival airport., as this will be your responsibility not Golfbreaks. 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. We do not accept any liability for any possible loss that you suffer as a result of your failure to take out an adequate insurance policy.
8. Special Requests, Buggy Hire and Medical Issues
Special Requests If you have any special requests, you must advise us at the time of booking. Although we will endeavour 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.
Buggy Hire Availability of buggies is at the discretion of the golf venue. Where you request a buggy, we may, as a courtesy, request this from the venue, but do not guarantee availability. Unless specified as being included with the round of golf, golf buggies are not included in the price of your golf break and do not form part of your UK Hotel Booking or Package Booking with Golfbreaks. Buggies must be paid for at the golf venue. The full cost of the buggy is payable whether or not there is full occupancy of the buggy, or at the discretion of the golf venue. Use of buggies is dependent on the course conditions and weather and may be restricted due to any reason in the golf venue’s absolute discretion. Availability of partial refunds or green fee vouchers are entirely at the venue’s discretion where buggies cannot be used. Golfbreaks is not responsible for any restriction on/inability to use buggies which a golf venue may impose.
Medical Issues If you or any member of your party has any medical issue or disability that may require assistance, please tell us before you book or, if diagnosed after you confirm your booking, as soon as possible after you become aware. 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 booking or, if full details are not given at the time of booking, cancel when we become aware of these details. Where a buggy is required for medical reasons, this is at the discretion of the golf venue and we will ask you to provide any information required by the venue and this may include medical certification requirements.
9. Delays In the event of delays to your transportation, the provision of assistance and refreshments is governed by the individual operator's policy or in the case of flight delays, by UK passenger rights laws.
We cannot accept liability for any delays due to arrangements you make for air travel, or any other transportation not booked with us. Where you have booked your flights through us as part of your booking, any compensation that may be due from us shall be offset by any payment that you receive from the airline or other third party (see Section 21(5) below for further details).
10. Unavoidable and Extraordinary Circumstances In these booking conditions, "Unavoidable and Extraordinary Circumstances" means a situation beyond the control of the party seeking to rely on such a situation the consequences of which could not have been avoided even if all reasonable measures had been taken. 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 (including the COVID-19 pandemic current at the date of the publication of these Booking Conditions), airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights).
10A. COVID-19 health and safety measures You acknowledge and agree that the airlines, hotels, golf venues and other suppliers of your booking will need to comply with national and/or local guidance and requirements relating to Covid-19 and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff and guests, social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. All measures will be taken with the purpose of securing your safety and those around you. We will not be responsible or have any liability for the imposition of such health and safety measures.
11. Data Protection When you make a booking for a golf break, we will need to use your personal data such as name and address to make the travel arrangements for your break and otherwise as necessary to ensure that your booking contract is performed. We may be required to pass your personal data on to relevant third-party suppliers of your travel arrangements such as hotels, airlines, transport providers, ground agents and destination management companies and golf venues so that they can fulfil their part of your travel arrangements.
We may also need to provide your personal data to security or credit checking companies, credit and debit card companies in order to take payment for your booking and to regulatory or public authorities such as customs or immigration if required by them, or as required by law.
Transfers of your data to our travel suppliers within Europe are permitted under the UK General Data Protection Regulations. Where we need to transfer your data to a third party supplier or service provider based in a country located outside of Europe, in order to fulfil your booking, or for the purposes of the third party providing us with a service, we will ensure that either the country to which the data is to be transferred has an adequate level of protection for data (as determined by the UK Government) or we may use specific contracts approved by the UK Government which give personal data the same protection that it has in the UK. Please contact us if you would like further information on the specific mechanism used by us when transferring your personal data out of the UK.
Health and mobility information that you provide to us will only be used with your explicit consent and for the purpose of ensuring that we can provide you with a safe holiday that is appropriate taking into account any special needs that you have disclosed to us.
12. 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 under the ABTA Scheme (if the Scheme is available for the claim in question) – see Section 6. If you are a resident of Scotland or Northern Ireland, you may choose the law and jurisdiction of Scotland or Northern Ireland instead.
Section B – Applicable only to UK Hotel Bookings
13. Your Contract with the hotel When you make a UK Hotel Booking, we will act as an agent in the booking of your hotel accommodation. Your contract will be with the hotel provider/owner (referred to from now on as the hotel) and their booking conditions will apply, copies of which are available from us. We advise you to obtain and read those. As an agent, we accept no responsibility for the provision of the accommodation by the hotel (including its facilities and services) with whom you have a contract. All hotel accommodation that we provide or that is sold through us is not an offer by us to sell any accommodation, but an invitation to you to make an offer to the hotel. We are authorised to accept that offer on behalf of the hotel or to reject it.
14. Amendment or cancellation by you If once the booking confirmation has been issued, you wish to change your booking in any way or cancel your booking, the person who originally booked the break (the lead name) must notify us in writing by email or post. 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 fulfil your request. The hotel may charge the cancellation or amendment charge shown in their booking conditions (which may be as much as 100% of the cost of the booking). Please contact [email protected] 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 amendment and cancellation policy.
In addition, we may incur losses and costs in amending or cancelling confirmed bookings, particularly if such amendments or cancellations occur close to the departure date, and in these circumstances, you will be charged an amendment or cancellation fee reflecting the losses and costs we incur. If you cancel your break or the number in your group booking reduces before the departure date, we have the right to retain the deposit paid by (or due from if still outstanding) each person cancelling as a cancellation fee. If you wish to transfer your UK Hotel Booking to a European venue or vice versa, an amendment fee of £20 per person will apply.
Note that if the reason for your cancellation is covered under the terms of your personal travel insurance policy (see Section 7), you may be able to reclaim these charges.
15. Amendment or cancellation by the hotel In the event of an amendment or cancellation by the hotel, we will inform you as soon as reasonably possible. If the hotel offers alternative accommodation or a refund, you will need to let us know your choice within the time frame stipulated by the hotel. If you fail to do so the hotel is entitled to assume you wish to receive a full refund.
16. Our liability to you Your contract is with the hotel and its booking conditions apply. As agent, we have a duty to using reasonable skill and care in selecting the hotels and in making the booking in accordance with your instructions. We accept no responsibility for the provision of the accommodation (including all facilities and services) by the hotel nor in respect of any information about the hotel that we pass on to you in good faith, except in cases where it is proved that we have breached that duty and damage has been caused to you. If we are found liable to you on any basis, we limit our liability to you to three times the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). This limit does not apply to cases involving death or injury.
16A. If your travel arrangements cannot be provided or are cancelled by the hotel due to Unavoidable and Extraordinary Circumstances, we shall not be liable to pay any refund or other compensation, costs, expenses or any other sums, including the cost of securing alternative accommodation. However, as your agent, we will refund to you any cancellation monies that we receive on your behalf from the hotel.
Section C – Applicable only to Package Bookings
17. Your Contract with us When you make a Package Booking with us, your contract will be with us. Your package contract includes all the travel arrangements that we make for you including your hotel stay, pre-arranged golf rounds, transport and transfers and any other travel services that are stated on your booking confirmation (see Section 4 “Booking and Booking Confirmation”).
Please note that there is a link on our website to www.skyscanner.net, an independent website which displays information about flight deals available on the internet for the destination you require. Skyscanner allows you to connect to third party air travel providers including airlines to book flights. If you book a flight this way your contract will be with the third-party travel provider and not with Golfbreaks. Accordingly, your flight will not be protected by Golfbreaks’ ATOL, but may come under the third party’s ATOL – please check the third party’s terms and conditions carefully. Please note that flights purchased directly from an airline will not have ATOL protection.
18. Price After your booking is confirmed, we may vary the price of your break directly as a consequence of variations in: (i) the cost of carriage of passengers resulting from the cost of fuel or other power sources, (ii) the level of taxes (including VAT) or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and (iii) the exchange rates applied to your break. No price variation will be made less than 20 days before the start of your break.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If the price variation means that you have to pay an increase of more than 8% of the price of your package, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value) or cancelling and receiving a full refund of all monies paid.
If you do not respond to our notification of price change, we shall be entitled to terminate your contract and provide you with a full refund. You may be entitled to additional compensation pursuant to clause 21 if you do not accept a substitute holiday and cancel the contract.
Should the cost of your holiday go down due to the cost variations mentioned above that occur prior to the start of the package, then you have a right to a price reduction corresponding to any decrease in such costs. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
19. Cancellations/Amendments by You If once the booking confirmation has been issued, you wish to change your booking in any way (for instance to 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 or post.
We may incur losses and costs in cancelling confirmed bookings, particularly if cancellations occur close to the departure date, and in these circumstances, you will be charged a cancellation fee reflecting the losses and costs we incur. If you cancel your break or the number in your group booking reduces before the Balance Due Date, we have the right to 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 our suppliers, how close your cancellation is to your departure date and our ability to resell cancelled bookings. 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 [email protected] 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 7), 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 fulfil your request. We will try to facilitate a transfer of your booking to another person provided that we receive 7 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. For all amendments and transfers, you will require you to pay any additional fees, charges or other costs arising from such amendment or transfer. 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 Package Booking to a European venue or vice versa, an amendment fee of £20 per person will apply.
You may cancel your break due to Unavoidable and Extraordinary Circumstances occurring at the place of destination or its immediate vicinity and which significantly affect (a) the performance of the package or (b) the carriage of passengers to the destination, without liability for cancellation charges. Cancellations under this clause will only be considered close to departure and this provision does not cover you if you have a disinclination to travel due to concerns such as COVID-19 in the destination or if the UK Traffic Light System status of the destination changes after you book (see clause 22 for further information about the UK Traffic Light System).
20. Cancellations/Amendments by Us Occasionally, we have to make changes to, and correct errors in, our brochures and on our website 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 booking after the Balance Due Date, except due to Unavoidable and Extraordinary Circumstances (as defined in Section 10) 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 we make a significant change to your break or cancel your break, we will offer you the choice of the following options:-
- accepting the changed arrangements (with a price reduction if appropriate); or
- purchasing an alternative break from us, if available. (We will try to 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. If we can only offer you an alternative which is cheaper than the original one, we will refund the price difference); or
- Cancelling (or accepting our cancellation) in which case you will receive a full refund of all monies you have paid to us.
In addition, if we have to make a significant change to or cancel your booking, we will pay you additional compensation, if appropriate. However, additional compensation will not be payable where we are forced to make a significant change or cancel as a result of Unavoidable and Extraordinary Circumstances (as defined in Section 10) including in the case of a significant change arising due to circumstances due to the COVID-19 pandemic; 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); or if we state in the contract that a minimum number of persons is required in order to operate the break and we do not reach that minimum number within the period specified.
Where we are forced to cancel or make a significant change or cancel your trip due to Unavoidable and Extraordinary Circumstances and you elect to have a refund, it may not always be possible to pay this to you within the time limit required by the Regulations where a high volume of bookings are affected, such as due to the COVID-19 pandemic, however, wherever possible we will pay refunds to you without undue delay.
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.
If any air arrangements included in your booking with us are altered due to Unavoidable and Extraordinary Circumstances (as defined in Section 10), we reserve the right (where possible) to re-book you and any other members of your group on a suitable alternative flight or air carrier. We cannot guarantee that the routing or type of aircraft utilised will be the same as originally booked.
Golf clubs and golf courses may either close the golf course or operate temporary tees and greens at their sole discretion as a result of adverse weather conditions. Please see the Inclement Weather policy on our website which is incorporated into these Booking Conditions and forms part of your contract.
21. Our Liability to You (1) We promise to make sure that the travel services comprising your package that 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. You must also notify us without undue delay of any lack of conformity that you perceive during the performance of your package travel contract. 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) We will not be liable to pay compensation for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description if we prove that the lack of conformity claimed is:
- attributable to you (or any member(s) of your party);
- attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or
- due to Unavoidable and Extraordinary Circumstances.
However, in these circumstances, we will still provide you with prompt assistance if you are in difficulty (see sub-paragraph (8) below).
(3) 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. This also includes services that you have purchased or booked with a third-party provider through the Travel Extras section of our website.
(4) 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 customer to refuse to take the break in question.
(5) 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 air, 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 Montreal Convention in respect of travel by air, 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 limit the amount of compensation you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
Copies of the contractual terms of the suppliers of your break and the applicable international conventions are available from us on request.
Under UK passenger regulations, in the event of denied boarding, cancellation or delay to your flight after you have checked in, you may be entitled to compensation from your airline. If you are unhappy with your airline’s response, you may complain to the Air Transport User’s Council (telephone 0207 240 6061). Any entitlement to compensation from Golfbreaks shall be offset by any payment made to you by your airline or third party.
(6) We do not accept any liability for any damage, loss, cost, expense or other sum(s) of any description which (a) 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 and (b) 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.
(7) 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 Section 5 “Complaints” 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 co-operate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
(8) Where you are in difficulty during your break, we will give you prompt assistance without undue delay, even if caused by Unavoidable and Extraordinary Circumstances, in particular by, providing appropriate information on health services, local authorities and consular assistance; and assisting you to make distance communications and helping you to find alternative travel arrangements.
(9) You may be entitled to the cost of necessary accommodation pursuant to and in accordance with the limits set out in the Regulations where we are unable to ensure your return because of Unavoidable and Extraordinary Circumstances. Any entitlement to receive any such payment from Golfbreaks shall be offset by any payment made to you by your airline or third party.
(10) Covid-19: Limitation of liability Our sole liability in the case of cancellation
Without limiting the application of any of the previous provisions of this clause 21, we shall have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment) in the following circumstances:
(a) if you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time.
If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
- Postponing your break to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed the golf venue and other suppliers);
- If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to the requirements of clause 19;
- Cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.
If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.
(b) You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.
22. Passports, Visas, Health, COVID-19 and entry restrictions We offer guidance on our website on passport and visa requirements for British citizens, including approximate periods for obtaining visas - click here to find out more. It is your responsibility to ensure that you have the correct travel documentation for your destination and we do not accept any liability if you are refused transportation by any carrier or entry into any country due to your failure to carry correct documentation.
For most of our destinations, including (since 1st January 2021) within Europe, if you have a British passport, you will need to have at least six months left on your passport and your passport must have been issued within the last 10 years. If you renewed your current passport before the previous one expired and extra months were added beyond its standard 10 year expiry date, be aware that any extra months on your passport over 10 years may not count towards the six months needed. 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 strongly recommend you check the Foreign, Commonwealth & Development Office website, particularly in light of the current COVID-19 pandemic, to help you make an informed decision about travelling abroad. Visit www.gov.uk/foreign-travel-advice for further information, as well as the FCDO general travel advice at https://www.gov.uk/guidance/travel-advice-novel-coronavirus which provides additional information on travel restrictions and entry requirements in addition to safety and security advice. Please also consult our web page with the latest on coronavirus and how it may affect your break: https://www.golfbreaks.com/en-gb/about/coronavirus-latest-information.
Entry requirements may include, but are not limited to, evidence of COVID-19 vaccination, negative COVID PCR or equivalent test taken within a short time before departure, personal health declarations, and declarations giving reasons for travel. Travel advice is subject to rapid change. Countries may change entry requirements and close their borders at very short notice.
If destination entry requirements change after you have booked but before your departure date, please contact us to discuss your options. If the destination country for your trip will not allow entry on your departure date, we will be prevented from providing you with your holiday and you will have a right to cancel your trip and claim a refund or we may be able to re-book your trip to an alternative date depending on availability. However, no other compensation will be due to you as the imposition of entry restrictions will be a reason outside of our control and so comprise an Unavoidable and Extraordinary Circumstance. You may also be entitled to a refund if you are required to quarantine on arrival in destination if this causes a significant change to your holiday, provided that this is a new requirement that arises after you book.
You are also entitled to cancel your trip and claim a refund if after you book with us, the FCDO advises against travel or against all but essential travel to the destination country for your trip and this is current at your departure date, but you are not obliged to do so. You are not entitled to any other compensation. Please contact us so that we might have the opportunity to rearrange your booking in this event. Please note that you have no right to cancel due to being reluctant to travel; only a change in the FCDO advice as previously indicated will give you such right.
Please note that the current UK Traffic Light System (TLS) which classifies countries as red, amber or green dictates whether or not travellers will have to quarantine when they return home from travelling there and the COVID testing regime that is required to be undertaken upon return. See https://www.gov.uk/guidance/red-amber-and-green-list-rules-for-entering-england. However, changes to your destination classification under the TLS do not affect the delivery of the trip itself. Accordingly we are not responsible and you are not entitled to a refund or any other compensation from us if you wish to cancel your trip due to the classification status of the destination country of your trip under the TLS or a change in that status. We may be able to cancel or rebook your trip at your option, but our usual cancellation/amendment fees will apply.
If changes to the classification of your destination country change while you are away on your trip and you wish to return home earlier than planned, we will provide any appropriate assistance that you need, however all associated travel costs are your responsibility. We are only responsible to return you to the UK earlier than planned if the FCDO advises British nationals to return to the UK.
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 https://travelhealthpro.org.uk/ or by checking 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.
Please ensure that you take out comprehensive travel insurance with sufficient healthcare cover, including cover for existing medical conditions and any activities you plan to do. See clause 7 on Insurance.
If you are travelling to Europe and have a European Health Insurance Card it will be valid up to its expiry date. If you apply for a card now, you'll get a new UK Global Health Insurance Card (GHIC) instead of an EHIC.
Many hotels and golf venues around the world are operating under new COVID protocols to keep their staff and guests safe, which may include social distancing, wearing of masks, reduced availability of facilities and other restrictions which you will be required to comply with as a guest of the hotel or venue. We will advise you of the main COVID protocols that apply to the hotel and golf venues included in your Package before you book. By making your booking, you accept and agree to comply with all such COVID protocols and your compliance with such protocols during your visit and the impact they may have on your trip will not constitute a change to your trip and we shall have no responsibility or liability for the imposition of local protocols. If you cannot travel because you have COVID-19, or have been told to self-isolate, or you fail a test at the departure airport or arrival airport, Golfbreaks is not liable for this and you should speak to your travel insurer in this regard.
23. Your Financial Protection Flight packages: All the flight packages on our website are financially protected by the ATOL scheme. When you buy an ATOL protected flight inclusive package from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on your ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the suppliers are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid to you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you claimed under the ATOL scheme.
For further information please visit the ATOL website at www.atol.org.uk.
Other packages: Monies that you pay to us for golf packages that do not include flights are financially protected in the event of our insolvency by a bond with ABTA - The Travel Association 30 Park Street London SE1 9EQ www.abta.com. This means that if, in the unlikely event of our insolvency, your package can’t be provided, you will receive a refund of any money that you have paid to us in advance of your booking, or if your break has started, arrangements will be made for you to be repatriated.
Copyright © 2021 Golfbreaks Ltd
Published July 2021