Booking Conditions
Our Trading Name
Golfbreaks.com is a trading name of Golfbreaks Ltd, of 2 Windsor Dials, Arthur Road, Windsor, SL4 1RS
Terms & Conditions
We accept bookings for two types of break as set out below:
1) The first type of break "Resort bookings" is where you book accommodation with golfing and both elements are provided by the hotel where you are staying (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). For these bookings we act only as an agent in respect of all bookings we take and/or make on your behalf. We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase ("arrangements") or for the acts or omissions of the hotel or other person(s) or party(ies) connected with any arrangements. For all arrangements, your contract will be with the hotel.
The terms and conditions of the hotel will apply to your booking. These terms and conditions may limit and/or exclude the hotel's liability to you. Copies of these conditions are available on request from us.
2) The second type of break "Tour bookings" is where you book accommodation and golfing or transport (for example car hire, coach hire, ferry, hovercraft or Eurotunnel through us) but the hotel only provides the accommodation element and another supplier provides the golfing or transport element. For all breaks of this type, your contract for that booking will be with us. We will accept responsibility for it in accordance with these Booking Conditions as an 'organiser' under the Package Travel, Package Holidays and Package Tours Regulations 1992.
The following conditions apply to all bookings apart from conditions 9,10, 14 and 15 which apply to Tour Bookings only.
1. ACCURACY
Although all reasonable efforts have been made to ensure the accuracy of the information (including prices), on our website (www.golfbreaks.com), in our email newsletters and quotes, in our promotional material and printed media, regrettably changes and errors occasionally occur. You must therefore check the details of your chosen break (including the price) at the time of booking.
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. Any price changes will be clearly advised to you at the time of booking. Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings.
2. PAYMENT
A 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 an additional sum to secure your booking.
The balance 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. 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 before this date must be paid in full at the time of booking. If the balance is not paid by the due date, we reserve the right to cancel your booking and retain your deposit.
3. 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, however there is no handling charge for payments paid by debit card. Cheques are also accepted made payable to Golfbreaks.com. Please clearly write the booking number on the back of the cheque.
4. CONFIRMATION OF BOOKING
To confirm a booking, the lead name must be aged 18 years or over. Once you have confirmed your booking by telephone or email and paid the appropriate deposit per person, we will then email you (or post, if requested) your booking confirmation, which will show the balance to be paid, and the date by which it is due. At this point your binding contract will come into existence. Please check the confirmation carefully as soon as you receive it paying special attention to the room type on your booking confirmation. Contact us immediately if any information, which appears on the confirmation, or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We do not accept liability for errors notified to us after 72 hours of the date of booking the break.
Group Bookings:
Where your booking is for more than one person, the named person responsible for booking your golf break will be treated as the lead name for your booking. 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 the booking.
5. CANCELLATIONS/AMENDMENTS BY YOU
You may change numbers or cancel your break at any time provided that the person who originally booked the break gives notification to us in writing. All amendments are subject to availability and we may not always be able to fulfil your request. In the event of a reduction in numbers or cancellation, prior to the final balance being paid, we will retain the deposit paid by (or due from if still outstanding) each person cancelling as a cancellation fee. Cancellations made after final balances have been paid will result in forfeiture by the person(s) cancelling of all monies paid or due at that time. In the event of any other amendments, you must pay in addition all costs incurred by us in making the amendment together with any costs or charges incurred or imposed by any of the hotel or suppliers concerned. In particular, if numbers change so that there is an odd number remaining in the party, single room supplements will apply
6. CANCELLATIONS/AMENDMENTS BY US
Resort Bookings only:
If for any reason a hotel changes your accommodation or tee-times, we cannot accept any liability for the changes to your booking, or responsibility for any expenses or costs you may incur as a result of any changes. As part of our service we will do everything possible to arrange an alternative with the hotel, on a goodwill basis and in our capacity as an agent.
Tour Bookings only:
Occasionally, we have to make changes to and correct errors in our brochure and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Most changes are minor. Occasionally, we have to make a "significant change". If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-
(i) (for significant changes) accepting the changed arrangements or
(ii) purchasing an alternative break from us, of a similar standard to that originally booked if available. We will offer you at least one 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 this break is in fact cheaper than the original one, we will refund the price difference.
(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.
Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel we will pay you compensation if appropriate subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above options will not be available 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).
7. 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. All verbal complaints must be put in writing. If the matter cannot be rectified at the time, you must notify us in writing within two weeks of completion of your break. If you fail to follow this procedure, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.
8. OUR LIABILITY TO YOU
Resort Bookings only:
We cannot accept any liability for the arrangements you have booked. Any assistance provided in resolving a complaint in relation to any Resort booking is provided on a goodwill basis and in our capacity as agent.
If you have any complaints concerning any services we provide (as opposed to any service provided by any third party such as a hotel for whom we are not responsible), you must inform us straight away in writing and in any event within 28 days of the end of any arrangements booked through us. We regret we cannot accept any liability if we are not so notified. Our maximum liability to you if we are found to have been at fault in relation to any service we provide is limited to the commission we have earned or are due to earn in relation to the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
Tour Bookings only:
(1) 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. Please note it is your responsibility to show that reasonable skill and care has not been used 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) We will not be responsible 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 or
'force majeure' as defined in clause 15 below
(3) Please note, we cannot accept responsibility for any services which do not form part of our contract. 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 in our brochure and we have not agreed to arrange them.
(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 had been 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 laws and regulations of the UK which 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.
(5) 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. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Athens convention for international travel by sea). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
(6) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) 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 cannot accept liability for any business losses.
(7) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint. 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.
9. ARBITRATION
Tour Bookings only:
In the unlikely event of a disputes arising out of, or in connection with any Tour booking you have made with us which cannot be amicably settled you may wish to refer to arbitration if you so wish under a special scheme arranged by the Association of British Travel Agents and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website (www.abta.com). This 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 the Chartered Institute of Arbitrators 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. NB. In most cases it will not be possible for disputes arising out of or in connection with Resort bookings to be referred to arbitration under the scheme mentioned above.
10. PERSONAL INJURY (NOT CONNECTED WITH YOUR ARRANGEMENTS WITH US)
Tour Bookings only:
If you or any member of your party suffers illness, injury or death, through misadventure, as a result of an activity which does not form part of your contracted booking arrangements, we will provide you with all reasonable assistance. This assistance may include our making a contribution towards your initial legal costs in taking action against the person(s) responsible providing you request this within 90 days of the incident in question. All assistance (financial or otherwise) is subject to our reasonable discretion and a maximum total cost to ourselves of £5,000 per booking form. If you are entitled to have any costs and expenses arising from such an incident met by or from any insurance policy or if you obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you.
11. INSURANCE
We consider adequate travel insurance to be essential. Details of the insurance policy we offer can be found on our website www.golfbreaks.com. 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.
12. 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 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 feel 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.
13. PASSPORTS VISAS AND HEALTH REQUIREMENTS
British Citizens must have a full British Passport in order to travel to France, Belgium, Italy, Spain and Portugal. For travel to the Republic of Ireland British Citizens will require some form of official ID. 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 from October 2006 will ask you to attend an interview in order to do this. Requirements may change and you must check the up to date position in good time before departure by visiting the travel advice section on the Department of Health's website.
All costs incurred in obtaining such documentation must be paid by you. 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. 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 have a website packed with essential travel advice, tips and up to date country specific information to help you enjoy a safe trip overseas. Visit
http://www.fco.gov.uk/travel
14. DELAYS
We regret we are not in a position to offer you any assistance in the event of travel delays at your outward or homeward point of departure for ferry, hovercraft or Eurotunnel bookings. In the event of delay, the provision of refreshments is dependent on the individual operator's policy. We do not book flights and cannot accept liability for any delay due to personal arrangements made for travel.
15. FORCE MAJEURE
Tour Bookings only:
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 20(1) below) as a result of "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 war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
16. GOVERNING LAW AND JURISDICTION
Tour Bookings only:
We both agree that English Law (and no other) will apply to your contract with us and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the ABTA Arbitration Scheme (if the Scheme is available for the claim in question - see clause 9) or by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).