These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a booking, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online booking service provided on these pages and through the website are owned, operated and provided by EuroGolf. and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
“EuroGolf”, “us”, “we” or “our” means James Ivory, an Autonomo under the laws of Spain, and having its registered address at Avenida San Jaime, 21 Benissa Spain.
“Platform” means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by EuroGolf.
“Service” means the online booking service (including the facilitation of payments) of various products and services as from time to time made available by Suppliers on the Platform.
“Supplier” means the golf and any other related product or service as from time to time available for booking on the Platform.
Through the Platform, we provide an online platform through which Suppliers can advertise their golf club, products and service for bookings, and through which visitors of the Platform can make such bookings (i.e. the booking service). By making a booking through EuroGolf, you enter into a direct (legally binding) contractual relationship with the Supplier with which you make a booking or purchase a product or service (as applicable). From the point at which you make your booking, we act solely as an intermediary between you and the Supplier, transmitting the details of your booking to the relevant Supplier(s) and sending you a confirmation email for and on behalf of the Supplier.
When rendering our Service, the information that we disclose is based on the information provided to us by Suppliers. They are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier (or its facilities, venue, products or services) made available.
Our service is free of charge because, unlike many other parties, we will not charge you for our Service or add any additional (booking) fees to the rate.
Suppliers pay a commission (being a small percentage of the product price (e.g. tee time price)) to EuroGolf after the end user has consummated the service or product of the Supplier or after the player has played at (and paid) the golf club.
Our Suppliers offer the opportunity for bookings to be paid (wholly, at the club or partly and as required under the payment policy of the golf club) to the Supplier during the booking process by means of secure online payment. EuroGolf facilitates (through third party payment processor) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Supplier (EuroGolf never acts nor operates as the merchant of record). Payment is safely processed through Stripe from your credit/debit card to the bank account of the golf club through our third-party payment processor. Any payment facilitated by us for and on behalf of and transferred to the Supplier will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
You will not hold EuroGolf liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Supplier and not (re)claim any amount for any valid or authorized charge by the Supplier (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you, because of unauthorized transactions resulting from a booking made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (firstname.lastname@example.org). This indemnification only applies to credit card booking made using EuroGolf’s secure server and the unauthorized use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.
By making a booking with a Supplier, you accept and agree to the relevant cancellation and no-show policy of that Supplier, and to any additional (delivery) terms and conditions of the Supplier that may apply to your visit, including for services rendered and/or products offered by the golf club. The general cancellation and no-show policy of each Supplier is made available on our Platform on the Golf Clubs information page, during the booking procedure and in the confirmation email or ticket (if applicable). Please note that certain rates or special offers are not eligible for cancellation or change. Cancellation and pre-payment policies may vary according to the golf club. Please carefully read the fine print (below the available tee times at the bottom of each Product field on our Platform) and important information in your booking confirmation for additional policies as may be applied by the Supplier.
If you wish to review, adjust or cancel your booking, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the golf clubs’ cancellation, (pre)payment and no-show policy or not be entitled to any re-payment of any (pre)paid amount. We recommend that you read the booking conditions (the cancellation, (pre)payment and no-show policy of the golf club) carefully prior to making your booking and remember to make further payments on time as may be required for the relevant booking.
If you have a late or delayed arrival, make sure to (timely/promptly) communicate this with the Supplier so they know. Our customer service department can help you if needed with informing the Supplier. EuroGolf does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Supplier.
Whenever a booking is paid directly on our platform and then cancelled, we will keep the credit card fee decided by the card issuer of the user as a cancellation fee. It’s a percentage and the amount varies. You can find this information on your order confirmation.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your booking as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether or not the Supplier has charged you for your tee times, product or service, or if we are facilitating the payment of the (tee time) price, you agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (tee time) price to the relevant tax authorities. EuroGolf is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (tee time) price to the relevant tax authorities. EuroGolf does not act as the merchant of record for any product or service made available on the Platform.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Spanish law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the courts in Denia, Spain.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.