Conditions of Drumgolf Tours, trading as Drumgolf Tours Ltd ( a company registered in Scotland with company number SC237359 and having its registered office at Drumcarron, Strathkinness Low Road, St Andrews, Fife, KY16 9TU)
1. The Contract is constituted by these Conditions and the proposal to which these Conditions are attached (“the Proposal”).
2. The person with whom Drumgolf Tours contracts, as set out in the Proposal (“the Customer”) is responsible for ensuring that all members of the golfing party are aware of, and adhere to, these Conditions.
3. The services to be arranged by Drumgolf Tours are set out in the Proposal (“the Services”) as is the price for the Services (“the Price”).
4. These Conditions apply to and form part of the Contract between Drumgolf Tours and the Customer and they supersede any previously issued conditions of purchase or supply. No terms or conditions endorsed on, delivered with, or contained in the Customer’s purchase conditions, order, confirmation of order or other document shall form part of the Contract except to the extent that Drumgolf Tours otherwise agrees in writing (and writing includes email).
5. The Contract is concluded by the Customer making any payment to Drumgolf Tours in relation to the Proposal.
6. The Price is inclusive of VAT.
7. If the Proposal is issued more than 12 weeks prior to the arrival date, a non-refundable deposit must be paid immediately upon acceptance of the Proposal by the Customer, together with any other non-refundable amounts stated in the Proposal. The sum of this deposit will depend on the content of the tour. The balance of the Price of the trip shall be paid by the Customer between 90 and 14 days prior to the arrival date. The precise deadline will be determined by the content of the tour and be made clear to the customer at the booking stage.
8. If the Proposal is accepted within 12 weeks of the arrival date, the Customer shall make payment of the total Price immediately upon issue of the Proposal to the customer.
9. The Proposal is valid for 14 days from issue or for such other period of time as Drumgolf Tours indicates when issuing the Proposal.
10. The Price is not guaranteed until Drumgolf Tours has received payment in full. If amendments are required to the Price prior to Drumgolf Tours receiving payment in full, Drumgolf Tours will discuss these with the Customer.
11. The Price excludes gratuities, fuel, food and beverages other than expressly listed in the Proposal, caddy fees, any hotel services of a personal nature and all other goods and services not expressly listed in the Proposal.
12. Payment shall be made in pounds sterling by bank transfer (account details to be provided by Drumgolf Tours on request).
13. The Price is based upon the Customer’s stated requirements and the specified number of people in the golfing party. Where the Customer’s stated requirements change or the number of people in the golfing party changes, Drumgolf Tours reserves the right to make amendments to the Services and the Customer shall be liable for any increase in the Price as a result of these amendments. For the avoidance of doubt, if the number of people within the golfing party reduces after the Proposal is issued, the Price in respect of Services provided to the remaining members of the golfing party may increase.
14. If the Customer wishes to request amendments to the Services after the deposit has been paid and prior to arrival, an administration fee of £10 per person, per amendment shall be immediately payable, up to a maximum of £150 as the case may be, together with any increase in the Price as a result of such amendment request.
15. Drumgolf Tours reserves the right to make amendments to the Services at any time prior to arrival and at any time during the tour. Drumgolf Tours will use best endeavours to discuss any amendments with the Customer.
16. Drumgolf Tours reserves the right to substitute services equivalent to the Services listed in the Proposal and except where Services are listed in the Proposal as being incapable of substitution, the arrangement of equivalent substitute services shall not afford the Customer the right to cancel the Contract and/ or receive a refund of any instalments of the Price which the Customer has paid to Drumgolf Tours.
17. If the Customer wishes to cancel all or some of the Services, the Customer must email firstname.lastname@example.org and request acknowledgement of receipt of said cancellation.
18. In all cases of cancellation by the Customer, the deposit to secure the tour is non-refundable
19. If cancellation takes place within the period when the full balance has been paid, the Customer shall not be entitled to a refund of any part of the Price.
20. The Customer accepts that the cancellation charges set out above are a genuine pre-estimate of the losses which Drumgolf Tours would incur in the event of cancellation by the Customer.
21. For the avoidance of doubt, while on tour there shall be no refunds for any part of the Services which are not used by the Customer and members of the golfing party, such as missed meals, golf or sightseeing activities.
22. The Customer and all members of the golfing party should take out trip cancellation insurance.
23. Drumgolf Tours reserves the right to cancel all or some of the Services. If Drumgolf Tours cancels all or some of the Services, any payment made in respect of those Services shall be returned to the Customer except where cancellation of Services is due to the unacceptable conduct of a member or members of the golfing party.
24. To the fullest extent permitted by law, Drumgolf Tours excludes all liability to the Customer and all members of the golfing party.
25. In particular, Drumgolf Tours does not provide the Services which it arranges on behalf of the Customer and Drumgolf Tours excludes all liability in respect of the provision of the Services by third parties.
26. Where Drumgolf Tours arranges caddy services for members of the golfing party, these are not guaranteed.
27. Force majeure means an event or sequence of events beyond either party’s reasonable control preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, epidemic, pandemic, earthquake or other natural disaster but excluding the Customer’s inability to pay or circumstances resulting in the Customer’s inability to pay. Drumgolf Tours shall not be liable for any delay in or failure of performance caused by Force Majeure. For the avoidance of doubt, Force Majeure shall not affect the Customer’s liability to make payment to Drumgolf Tours and shall not entitle the Customer to a refund of any payment made to Drumgolf Tours.
28. There are maximum and minimum driving ages. If members of the golfing party will be under 25 or over 70 years old at the time of travel, the Customer is required to make Drumgolf Tours aware immediately on issue of the Proposal to the Customer so that Drumgolf Tours can make the necessary checks. Failure to do so may result in members of the golfing party being unable to collect the rental vehicle.
29. On trips with a chauffeur (van or coach) all transfers are based on all members of the golfing party travelling together. If members of the golfing party have varied arrival and departure arrangements, then additional transfers may be required and are not included in the Price unless expressly included in the Proposal. Similarly, when an airport “Meet & Greet” service is included then it is based on the whole group arriving at the same time & place.
30. All members of the golfing party must hold a valid passport and appropriate insurance in respect of health, and travel.
31. Immediately on issue of the Proposal to the Customer, the Customer must check all the details are correct and inform Drumgolf Tours of any inaccuracies; specific arrival times; and any special requirements (dietary or otherwise) of any members of the golfing party.
32. All members of the golfing party must wear appropriate attire on golf courses and must bring handicap verification with them on the trip.
33. No variation of the Contract shall be binding unless expressly agreed in writing by Drumgolf Tours.
34. If any provision of the Contract (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of the Contract shall not be affected.
35. The Customer may not assign or subcontract any right or obligation under the Contract without the prior written consent of Drumgolf Tours.
36. The Contract shall be governed by, and construed in accordance with, Scots law and the parties irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract.
37. Receipt of payment of the deposit by the lead name Customer or individual deposit payments from each member of the group will confirm acceptance of the terms and conditions outlined above.
Drumgolf Tours, Drumcarron, Strathkinness Low Road, St Andrews, Fife, KY16 9TU)