Golf in the Sun – Terms and Conditions – Golf Trips
Conditions & General Information
The conditions incorporated below form the basis of the agreement between you (the consumer) and Golf in the Sun (the agent). When you contact the company to book your trip, you appoint Golf in the Sun to act as your agent to obtain services on your behalf.
Online Offers
Online packages are intended solely as a guide cost for the selected tour. Unless otherwise agreed, all packages are priced on a per person basis based on double occupancy with pre-approved accommodations. Alternative accommodations may incur an additional cost and the availability of tee times at selected golf courses is not guaranteed until tee times are confirmed to you. All packages are subject to availability.
Payment Terms
Payment is to be by wire transfer only.
A non- refundable agreed deposit amount is due for all bookings. This applies to all bookings and it will only be on receipt of the full applicable deposit that the booking is secured.
The balance must be paid in full at the agreed date before the scheduled day of departure.
Payment of the deposit is considered acceptance of these terms and conditions.
If the balance is not paid by that date Golf in the Sun may cancel the trip after communicating with the consumer. It will be subject to the cancellation terms below.
All prices quoted are subject to revision thereafter due to changes in availability or currency fluctuations. Unless confirmed otherwise, once booked and a deposit is paid, the price of your trip is fixed in Euros (base currency). Price changes may also apply upon receipt of rates from suppliers, if there is an increase in VAT or taxes by government on services provided or if your travel group size declines rendering higher costs per traveller. If any changes to agreed travel see paragraph 5.
Cancellation Policy
In order to minimise any loss you may incur due to the need to cancel your trip, we strongly advise you to obtain travel insurance.
Notification of cancellation must be provided in writing or via email to Golf in the Sun from the person who submitted the booking form.
Golf in the Sun provides a high level of service to our consumers and with this we incur overheads and pay deposits to secure facilities well in advance of our trips. For the most part, these deposits are non-refundable, subject to the following:-
(i) a non-refundable administrative fee is charged, such as €200 (or equivalent) per booking;
(ii) the total cancellation of the trip will be penalized with a 50% of the deposit, if the cancellation is received between 140 and 105 days before the arrival date;
(iii) the total cancellation of the trip will be penalized with a 70% of the total amount paid, if the cancellation is received between 105 and 70 days before the arrival date;
(iv) the total cancellation of the trip will be penalized with a 100% of the total amount paid, if the cancellation is received 60 days before the arrival date.
It must be further understood, that in the event that any of the above cancellation requirements are made, Golf in the Sun will make every endeavour to replace the cancellation received during the time prior to the arrival date, and should this be possible, 100% of the amounts paid by the persons cancelling the trip shall be fully refunded.
Under all circumstances, in the event of cancellation, Golf in the Sun will require a medical certificate to the effect that such person is unable to travel.
Changes to Travel
Where the consumer wants to change the trip after it has been booked by Golf in the Sun, Golf in the Sun will try to facilitate the change wherever possible.
Where the change cannot be made or involves cancellation of accommodation, green fees or transportation previously confirmed and reserved, Golf in the Sun reserves the right to treat the change as a cancellation and apply the cancellation terms. Substitution is allowed subject to provisions. The consumer must provide over 90 days’ notice in writing in advance of departure and comply with any other requirements. A consumer who transfers the trip is jointly and severally liable with the transferees for the payment of any balance. Green fees are generally non-refundable and non-transferrable.
Travel Insurance
In order to minimise any loss, you may incur due to needing to cancel your trip we strongly advise you to obtain travel insurance. It helps to minimise the costs of unforeseen events that impact your travel.
Due to the costs that can be incurred because of medical expenses, luggage loss, delays in travel etc. we recommend you obtain adequate travel insurance to cover these expenses. Depending on the country you are travelling to/from Health insurance costs vary and it is highly recommended that you consult an insurance expert and ensure you have adequate coverage. Golf in the Sun accepts no liability in the event of a consumer failing to have adequate coverage of their own and is not liable for loss, damage, or theft of luggage or personal belongings, or for personal injury, accident or illness. All cars on public roads must be insured, if you are bringing your own vehicle check that your insurance will cover you in your destination.
Compliance
The standard cost letter forms the basis for compliance with the requirements of the package Holiday and Travel Trade Act 1995.
Personal Requests – by the Consumer
Personal requests mean, for example, a request for ground floor accommodation, sea or golf course view etc. Such requests must be communicated in writing at the time of the booking. Golf in the Sun will use reasonable endeavours to fulfil the request. No liability shall attach to Golf in the Sun for the inability to comply with a special request which has not been confirmed by Golf in the Sun in writing or which is outside the control of Golf in the Sun to procure.
Disabled Persons – Consumers
Golf in the Sun will be pleased to help, in whatever way we can, if someone in your group has any special needs, which may be relevant, and which you are obliged to tell us at the time of booking. Golf in the Sun reserves the right to decline to provide a trip where in our opinion Golf in the Sun does not have the resources to meet the requirements of the disabled person.
Liability – Golf in the Sun to the Consumer
Golf in the Sun shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where such failure or improper performance is due neither to:
The fault of Golf in the Sun or the retailer acting on our behalf or suppliers of services because the failures occurring in the performance of the contract are attributable to the Consumer. The failures are attributable to a third party unconnected with the provision of services contracted for or are unforeseen/unavoidable.
The failures are due to unusual and unforeseeable circumstances beyond the control of the organiser/retailer/supplier of services or are due to an event including force majeure which Golf in the Sun/retailer/suppliers of services could not with all due care foresee or forestall. Provision is made to compensate the Consumer, for example, for damage other than death, personal injury, damage caused by defamation, damage caused by the willful misconduct/gross negligence of Golf in the Sun. The compensation is limited to a maximum amount equal to double the inclusive price of the holiday for an adult and for a minor to an amount equal to the inclusive price of the holiday package. If the person claiming the compensation is a person other than the Consumer, such person shall be deemed bound by these Terms and Conditions on the basis that the Consumer was the authorised agent of such person when availing of a service provided by Golf in the Sun as provided for in these Terms and Conditions.
Alterations by Golf in the Sun
If, as a result of force majeure, (that is, any event which Golf in the Sun or any supplier of services could not, with all due care foresee or avoid, such as closure of course due to bereavement, bad weather or course condition, war or threat of war, civil strife, industrial dispute, pandemic, natural or nuclear disaster, fire, adverse weather conditions and other similar events outside our control or that of our suppliers) Golf in the Sun is forced to alter, amend, curtail, change or cancel the holiday the Consumer cannot maintain a claim for compensation.
Complaints
Golf in the Sun’s policy is to react in a positive and courteous manner and to endeavour to resolve to your satisfaction any complaints you may have. We welcome all feedback, positive or otherwise, as we use this information to improve our service to you and all our customers. In the unlikely event that you have any reason to complain about your holiday, please notify our representative and the supplier of the service in question so that we can resolve the problem quickly. If you have a complaint after your holiday it must be notified in writing to Golf in the Sun within 14 days of the end of your holiday. No liability will be accepted by Golf in the Sun or its suppliers if written notice is not received within 14 days.
Arbitration
Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto, in relation to anything or matter hereunder or arising out of or in connection with this contract, shall be referred to arbitration under the Arbitration Rules of the Spanish Arbitration Society, in Spain
Disclaimer
Golf in the Sun or any of its agents or employees, shall not be held liable for; and by accepting these terms the customer waives any claim against all such parties for; (a) any loss of or damage to property or injury to any person caused by reason of any defect, negligence, or other wrongful act or omission of, or any failure of performance of any kind by; any other transportation company; vendor or supplier; (b) any inconvenience, loss of enjoyment, mental distress or other similar matter; (c) any delayed departure, missed connections, substitutions of accommodations, terminations of service, or change in fares or rates; and (d) any cancellation or double booking of reservations or tickets beyond the control of Golf in the Sun.
Golf in the Sun does not accept responsibility for losses or additional expenses due to delays or changes, quarantine, sickness, strikes, war, weather, epidemics / pandemics, acts of God or other causes. Such losses or expenses will have to be borne by the customer. Cancellation insurance is highly recommended.
Severability
Each of these Terms and Conditions is separate and severable and enforceable accordingly, and if at any time any provision is adjudged by any court or forum of competent jurisdiction to be void or unenforceable, the validity, legality and enforceability of the remaining Terms and Conditions shall not be in any way affected or impaired as a result.
Applicable Law
These Terms and Conditions shall be governed by the laws of Spain.
Power of Attorney
You, the client of Golf in the Sun, hereby appoint the owner, manager and employees of Golf in the Sun to be your attorneys-in-fact for the purpose of signing all documents necessary to purchase hotel, green fees and any other services requested by you and supplied, and to charge these purchases to the wire transfer payment on your booking form. You agree to pay for all such purchases and will not hold Golf in the Sun responsible for any of its actions pursuant to this power of attorney. You agree to be bound to the terms set forth by all vendors engaged to provide services.
Documentation
Check all travel documents are furnished e.g. passports are up to date and any Visa is issued if applicable. You can check with your embassy for visa requirements.
Golf Handicaps
Many golf clubs require visitors to show handicap certificates (also known as handicap certs). It is recommended that you travel with a handicap card. Golf in the Sun accepts no liability if you are requested to present this and are denied golf if you are unable to present it. Certain clubs place a maximum handicap restriction on visitors, if your handicap is greater than 24 (men) or 36 (ladies) please notify us in order that we can discuss which clubs may have relevant restrictions. Golf in the Sun can accept no responsibility for the playing conditions of any golf courses, including changes caused by course maintenance or weather conditions.
Caddies
As a free service to Golf in the Sun consumers, we will request caddies for those who wish to avail of the service, however they cannot be guaranteed. We will forward the request to the club, as they are independent contractors and not employees of either Golf in the Sun or the club, availability is not guaranteed. Caddy fees listed are based on current rates available and are subject to change at the club’s discretion. All clubs reserve the right to require a caddy to keep the pace of play. If a caddie is secured for you, the caddie master or another club official will inform you of the caddie charge and tipping policy. It is standard to pay cash in the local currency on the day of play. If caddies are not cancelled 48 hours prior to play then please note a caddy cancellation fee may be payable which is equal to the rate charged per round.
Promotional Material
As far as it is known all information is accurate at the time of publication and changes are not possible after publication. If we become aware of a material fact that would affect your travel, we will inform you as soon as possible.
