Terms & Conditions
GolfingGetaways.com is a part of the Travel and Entertainment Group, a limited company with its registered address at Rose Villa, 42 Glebe Street, Loughborough, Leicestershire. LE11 1JR.
- Use of the GolfingGetaways.com website is based on the terms and conditions contained below. If you do not agree to these Terms and Conditions we politely request that you stop using the website immediately. By using the GolfingGetaways.com website you are indicating your acceptance to be bound by these Terms and Conditions listed below. These Terms and Conditions are a legal agreement between you and us and can only be amended with our consent. The Terms and Conditions should be read in conjunction with the details provided within this website about how the website operates and the golf holidays which are available.
- GolfingGetaways.com and the Travel & Entertainment Group reserve the right to change these Terms and Conditions from time to time without prior notice by changing them on the Site.
- At GolfingGetaways.com we are committed to using all reasonable endeavours to ensure that information listed within the website and provided in the form of a written quotation is accurate. However, except to the extent that our Booking Conditions apply, we make no representation or warranty that such information is accurate and up to date or complete and we accept no liability for any loss or damage caused by inaccurate information to the fullest extent permitted by law.
- If you find any inaccurate information on our website please let us know immediately and if we agree we will ensure that it is corrected as soon as possible.
- Website Security
- At GolfingGetaways.com we are committed to providing you with excellent service levels by making our website available 24/7. However we cannot guarantee that our website will operate continuously or without interruptions or be free from errors. Users must not attempt to interfere with the proper working of our website and, in particular, must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, our website, router or any other internet-connected device.
- All users are responsible for ensuring that their computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- YOUR CONTRACT WITH GolfingGetaways.com
- When you book a golf holiday with GolfingGetaways.com, your contract is with Luxury Sports Tours Limited, company number 4893372, with its registered office address at 2 Windsor House, St Andrews Road, Henley-on-Thames, Oxfordshire, RG9 1PZ trading as GolfingGetaways.com (“we” or “us”). We are a member of ATOL, number 10275.
- 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 golf holiday:
- The first type of golf holiday is a “Resort booking”. This type of booking is a holiday that is based at a Golf Resort Hotel and where golf is a service and/or facility that is offered as a part of the accommodation providers’ facilities. A ‘Resort Booking’ comprises a single component of ‘accommodation-only’ which is organised by us as principal and as a result does not constitute a package holiday under ‘The Package Travel, Package Holidays and Package Tours Regulations 1992’. As a result we are not required to provide you with financial protection in the event of our insolvency. See clause 17 for further details.
- The second type of golf holiday is a ‘Tour booking’. This type of booking will include accommodation, golf or certain methods of transportation including flights, ferry crossings, Eurotunnel, and car hire, where the hotel only provides the accommodation element of the package 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’. All the flight- inclusive Tour bookings on this website are financially protected by the ATOL scheme.
- ACCURACY OF INFORMATION
Although all reasonable efforts have been made to ensure the accuracy of the information (including prices) in our promotional material, on our website GolfingGetaways.com, in our email newsletters and quotes, and in our promotional material and printed media, regrettably changes and errors will occasionally occur. We will therefore confirm the details of your chosen golf holiday package (including the price) at the time of booking.
- PRICING AND PAYMENT
- We reserve the right to alter the price of any golf holiday, not limited to any pricing error, and we will advise you of the current price of the golf holiday before any booking. Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings.
- After your booking is confirmed, we may vary the price of your holiday solely to allow for variations in: (i) transportation costs including the cost of fuel, (ii) dues, taxes (including VAT) or charges for services such as embarkation and disembarkation fees at ports and airports; and (iii) the exchange rate applied to your golf holiday. No price variation will be made less than 30 days before the start of your golf holiday and we will absorb part of any increase equivalent to 2% of the original cost of your golf holiday.
- Deposit Payments
- 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, in particular where your booking includes a flight. The balance of the price of your golf holiday must be paid no later than 6 weeks in advance of your golf holiday, before the date your contracted golf holiday 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 holiday, in particular, bookings which include flights, however this will be advised to you at the time of booking. If the deposit, balance or final balance (as applicable) 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 or purchase whilst at the accommodation other than those specifically included in the price of your holiday 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 included in the price of your golf holiday.
We accept the following credit/debit cards: Visa, MasterCard, American Express, Switch, Delta and Connect. There is no charge for the use of debit cards, however there is a 1.5% charge for all credit cards, except for American Express which carries a 2.5% charge. Cheques made payable to Luxury Golf Holidays 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.
- BOOKING CONFIRMATION
- You can make a booking for a golf holiday by either telephoning our Sales office on 01782 792981, or by sending us an enquiry about a holiday using our “Enquire Now” button on each of the hotel pages within the website. 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 golf holiday 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 golf holiday, we will take payment over the telephone.
- After we have taken payment, we will then email you (or send by post, if requested) your 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 For any type of booking, whether by telephone or by email a contract between you and us 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 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.
- CANCELLATIONS/AMENDMENTS BY YOU
- If, once the booking confirmation has been issued, you wish to change the numbers of persons in your group booking, transfer your holiday to another person, or cancel your holiday, the person who originally booked the holiday (the lead name) must notify us in writing by email, post or fax.
- We may incur 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. If you cancel your holiday 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 holiday depending on the cancellation costs we incur to our suppliers 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 enquiries@GolfingGetaways.com or your allocated customer service agent at GolfingGetaways.com prior to confirming your golf holiday 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 clause 11), 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 golf holiday. 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.
- 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 Tour booking after the Balance Due Date, except for reasons of force majeure (as defined in clause 14 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 holiday, we will offer you the choice of the following options:
- accepting the changed arrangements; or
- purchasing an alternative golf holiday from us. (In the case of a Tour booking, if available, we will offer you an alternative golf holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. In the case of a Resort booking, you can choose any alternative golf holiday 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 holiday. In both cases, if the alternative golf holiday is in fact cheaper than the original one, we will refund the price difference); or
- 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 14 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.
- If any air arrangements that form part of your booking with us are altered due to force majeure (as defined in clause 14 below), 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.
- COMPLAINTS DURING YOUR GOLF HOLIDAY
If you have a complaint or experience any problems during your golf holiday please inform the hotel or supplier concerned as soon as possible. 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 holiday. 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.
If a complaint can’t be amicably settled, the client can use ABTA’s approved Alternative Dispute Resolution (ADR) scheme, available through www.abta.com.
- OUR LIABILITY TO YOU
- 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 holiday. Please note it is your responsibility to show that reasonable skill and care has not been used and that your enjoyment of the golf holiday 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).
- 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 our 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.
- 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 14 below).
However, in these circumstances we will still provide you with prompt assistance if you are in difficulty.
- 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 golf holiday and we have not agreed to arrange them.
- 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 golf holiday in question.
- 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:
- the contractual terms of carriage of the companies that provide the transportation for your golf holiday (and such terms are incorporated into this contract); and
- any applicable international convention.
Copies of the contractual terms of the suppliers of your golf holiday and the applicable international conventions are available from us on request. Under European 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 GolfingGetaways.com shall be offset by any payment made to you by your airline or third party.
- 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.
- 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 co-operate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
We consider adequate travel insurance to be essential. If you decide not to purchase golf travel 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 golf holiday the full costs that could be incurred in the event of you suffering an accident or illness, including repatriation. 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 golf holiday. 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.
- SPECIAL REQUESTS AND MEDICAL PROBLEMS
- 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.
- If you or any member of your party has any medical problem or disability that may require assistance, please tell us before you book or if diagnose 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.
- PASSPORTS, VISAS AND HEALTH
- 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.
- 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.
- The Foreign and Commonwealth Office provides up to date information to help you make an informed decision about travelling abroad. Visitfco.gov.ukfor 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 golf holiday.
- In the event of delays to your transportation, the provision of refreshments is governed by the individual operator’s policy or in the case of flight delays, by European regulations.
- 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 Tour 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 clause 9(f) above for further details).
- FORCE MAJEURE
In these booking conditions, “force majeure” means any event which we or the supplier could not, even with all due care, foresee or forestall. 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 or our suppliers’ control.
- 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 personal 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 and we will comply with the Data Protection Act 1998. In order to effect your booking we must pass the information on to the relevant suppliers of your travel arrangements such as hotels, airlines and transport companies. The information may also be provided to security or credit checking companies, credit and debit card companies, regulatory or public authorities such as customs or immigration if required by them, or as required by law. This may involve sending your personal information between different countries, including countries outside the European Economic Area (EEA) where controls on data protection may not be as strong as the legal requirements in this country. This may also apply to any sensitive information that you give to us such as details of any disabilities or dietary/religious requirements. If we cannot pass your personal information on to the relevant suppliers, whether in the EEA or not, we cannot properly effect your booking. By providing us with your personal information, you consent to our use of that data as specified.
16. YOUR FINANCIAL PROTECTION
We provide full financial protection for our package holidays.
- For flight-based holidays this is through our Air Travel Organiser’s Licence number 10275. When you buy an ATOL protected flight or flight inclusive holiday 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 will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t 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 by 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 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 have claimed under the ATOL scheme.
- When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by an insurance policy with Touchstone Underwriting.
- 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.
- These bookings conditions should be read in conjunction with our Detailed Golf Information.