Unsere Allgemeinen Geschäftsbedingungen
- THE CONTRACT
All bookings must be made via Mallorca Golf Holidays. For all confirmed arrangements other than those set out below, you will have
a contract with Mallorca Golf Holidays which will come into existence as described in this clause. If you book one type of service only (e.g. hotel only) you will have a contract with the service provider(s) concerned for whom we act only as agents. For such bookings, liability for the proper performance of the contracted services rests solely with the service provider(s).
These Booking Conditions form the basis of all contracts (including those where we act only as agent). Where we act only as agent, the relevant service provider’s terms and conditions will also apply. Where there are any differences between these Booking Conditions and the service provider’s terms and conditions, the service provider’s terms and conditions will apply in respect of the difference(s).
A binding contract between us will come into existence when we despatch our confirmation invoice or, in the case of telephone bookings where payment is authorised at the time by approved credit or charge card or late bookings made within 8 weeks of departure, when we verbally confirm your arrangements. Any information or conditions given over the phone also form part of the contract. Your contract with Mallorca Golf Holidays is subject to the law and exclusive jurisdiction of the courts of Palma de Mallorca, Spain. You are also subject to the conditions of carriage of any carriers used, which may limit or exclude the carrier’s liability to you. Copies of the relevant conditions are available on request.
We guarantee to hold telephone bookings made without an approved credit or charge card for 4 working days to allow time for your payment to arrive in the post. You will then be sent a confirmation invoice, which you must check along with all other documentation carefully as soon as you receive it and advise us straight away if anything appears incorrect. We regret we cannot accept any liability if we are not notified of any inaccuracy in the confirmation invoice or any other document within 10 days of us sending it out.
If you or any of your party is disabled or has any medical condition which may affect their holiday arrangements, full details of the disability/medical condition must be made known to Mallorca Golf Holidays before booking. In the event of such details not being made known then Mallorca Golf Holidays further reserves the right to cancel the booking at any stage and cancellation charges will be made as shown in section 4 of these conditions.
Payment for any of the arrangements offered on our website can be made by any credit or bank debit card showing the Visa or Master Card symbols. Credit and debit card payments incur a 1.95% charge. Payment can also be made by direct transfer to our bank, details of which will be included on our confirmation invoice. Bank transfer payments can only be accepted for advance bookings of 10 days minimum.
A deposit of 10% per booking together must be paid at the time of booking where the arrival date is 8 weeks or more ahead. If a deposit has been paid, it forms part of the total payment for the holiday, and will only be refunded under the circumstances described in these booking conditions. The balance is due not less than 8 weeks before the start of your holiday as indicated on your confirmation invoice. No reminders for payment will be sent.
Mallorca Golf Holidays reserves the right to cancel any booking for which payment of the balance is overdue and cancellation charges will be made as shown in section 4. For all other bookings made within 8 weeks of arrival full payment is required at time of booking.
Changes by you
(a) Once a booking is accepted by Mallorca Golf Holidays, any changes to that booking must be made by the lead client in writing via email and where we can accommodate them, will incur the following charges per booking.
i) For bookings more than 14 days before arrival €20 per change
ii) Booking changes within 14 days will be treated as a cancellation and the cancellation charges as shown in paragraph 4 will apply (subject to (b) below). Any new arrangements will be treated as an entirely new booking.
(b) This clause relates to the booking of “packages”. If you or a member of your party is prevented from travelling that person may transfer their place to someone else suggested by you up to 14 days before departure subject to the following conditions:
(i) the reason for such a transfer is serious illness, death or serious illness of a close family relative, redundancy or unavoidable work commitments, jury service or similar circumstances;
(ii) you provide documentary proof such as a Doctor’s Certificate of the reason for your wish to transfer and
(iii) you, or the transferee, pays any balance due before the transfer is finalised and
(iv) the transferee meets any conditions which may apply to the holiday and agrees to these booking conditions and
(v) you request the transfer in writing via email and provide full details of the transferee, proof, payment of a fee and relevant documentation. There is a fee made up of an amendment fee of €15 per person together with all additional charges of whatever sort imposed by the suppliers who provide the component parts of your holiday arrangements.
Changes by us
This clause does not apply to any bookings where we act solely as agents.
If we are unable to confirm the booking requested, a refund of any monies paid to us will be sent to you. As arrangements are often made many months in advance, Mallorca Golf Holidays will at all times try to satisfy your requirements. We do however reserve the right at our absolute discretion to make alterations to and correct errors on our website and holiday details both before and after your booking has been confirmed. If we do have to make any significant change to accommodation before arrival, to one which is more inconvenient to you, a change of main resort, a change of accommodation to that of a lower standard, the withdrawal of the swimming pool at your booked accommodation for an extended period. – (all other changes are treated as ‘minor changes’) you will then have the choice of the following (if there is time to offer you this before arrival:
(a) accepting the changed arrangements as notified to you
(b) purchasing another holiday from us, of at least the same standard if available (and paying or receiving a refund in respect of any price difference)
No compensation will be payable and no liability beyond offering the above mentioned options can be accepted where the change is made 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 which include but are not limited to those amounting to force majeure. Please note, no compensation is payable for minor changes, or for any effect on any other arrangements, including a change of golf course or cancellation of a golf competition/tournament by the organisers of that event and for who we act as agents.
In all cases our liability is limited to offering you the above-mentioned choices.
By Mallorca Golf Holidays.
This clause does not apply to any bookings where we act solely as agents.
We reserve the right in any circumstances to cancel your holiday and we reserve the right to do so at our discretion. However, we will only cancel after the date the final balance becomes due where either you fail to make payment in full and on time or where we are forced to do so as a result of circumstances outside our control. Where your holiday is cancelled (other than due to your default of payment) we will offer you the choice of purchasing an alternative holiday, of at least the same standard if available (and paying or receiving a refund in respect of any price difference) or receiving a full refund of all monies paid to us. In addition, where we cancel after the date the final balance falls due, we will pay you compensation as set out under the heading Amendments – Changes by us except where we are forced to 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.
In all cases, our liability in respect of changes and cancellations is limited to offering the above-mentioned choices and (where applicable) the compensation set out herein. We regret we cannot accept any responsibility for any expenses, costs or losses incurred by you as a result of any change or cancellation. No compensation is payable where we cancel or make a change eight weeks or more before departure.
By the client
If you decide to cancel your holiday the lead client must do this in writing via email. The time of cancellation is taken as the date written notice is received by Mallorca Golf Holidays. As we incur costs from the time we confirm your booking, and may be unable to re-sell your arrangements, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling. Amounts in Euros are per booking. Any reference to days means the number of days before departure within which written notice of cancellation is received by us.
56 days or more – Deposit only
42 to 55 days – 30%
29 to 41 days – 60%
15 to 28 days – 90%
0 to 14 days – 100%
For All Bookings
If you cancel a booking after your payment confirmation has been issued, you must repay us the full amount of all costs we have incurred on your behalf. This may include the full cost of golf, accommodation & transfers.
Please ensure that you are in receipt of written confirmation from Mallorca Golf Holidays of your cancellation. You should be covered by holiday insurance and you may be able to recover these cancellation fees from your insurance company. Before refunds can be processed we will require unused documentation to be returned to Mallorca Golf Holidays. Mallorca Golf Holidays cannot be held responsible for lost or stolen vouchers.Our Liability to you
Please note, sub clause (i) and (ii) below do not apply to any single service type bookings where we act solely as agent for the supplier concerned.
We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligation is prevented or affected by 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, riots, civil strife, Government action, technical problems to transport, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
(i) The accommodation, transport and other services we arrange on your behalf belong to and are managed by independent suppliers. However, subject to these Booking Conditions, we accept responsibility should you or any member of your party suffer death, personal injury, illness, loss or damage as a result of any failure to perform or improper performance of any part of the contract with you by any of our employees, agents, suppliers or sub-contractors (providing they were at the time carrying out work authorised by us) except in the following situations. We will not be liable where any failure to perform or improper performance of the whole or any part of our contract was due to;
a) the act(s) and/or omission(s) of the person(s) affected or
b) those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
c) an event which either ourselves or the supplier of the service(s) in question could not have foreseen or avoided even with all due care.
(ii) Please note, we cannot accept any liability for any damage, loss, 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 accepting 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 cannot accept liability for any business losses.
(iii) In all cases, we limit the maximum amount we may have to pay you and/or any member of your party for any claims or parts of claims which involve road carriers and/or hotel keepers and the services they provide as if we were carriers/hotel keepers within the applicable international conventions. You must give credit for all payments received from any carrier or other supplier.
- IF YOU HAVE A COMPLAINT
a) We do our best to make your holiday a success. However, in the event that you should wish to complain about any aspect of your holiday, you must immediately notify the owner/management of the hotel, golf course, apartment, or property or other supplier of the service, who will do everything possible to put things right. It is therefore a condition that you communicate any problem to the supplier of the services in question. If this fails to bring about a satisfactory solution and as a result affects the enjoyment of your holiday, you must report the matter to Mallorca Golf Holidays by phone, fax or Email within 48 hours.
b) If your complaint cannot be resolved on the spot and you wish to take up the matter after your holiday, you should write via email to us within 7 days of your return from holiday, quoting your original booking reference and all relevant information. The matter will then be investigated on your behalf. It is a condition of this contract that this simple complaints procedure is followed.
We regret we cannot accept responsibility for any complaint or claim not notified to us strictly in accordance with this procedure, as we have been deprived of the opportunity to investigate and rectify the problem. An acknowledgement will be sent within 7 days of your letter and a full response if possible within 28 days. In the unlikely event of our not being able to respond fully within 28 days, an explanation of the progress will be sent with a final reply within 56 days of the receipt of your original correspondence.
- OUR PRICE POLICY
Once all the prices of your chosen holiday have been confirmed they will add up to the total cost of your holiday. Thereafter, subject only to the correction of errors, we will only increase the price in the following circumstances (price increases after booking will be passed on by way of a surcharge).
a) A surcharge will be payable if transportation costs and/or dues, taxes or fees payable for hotel accommodation are increased beyond our control. The same applies for golf green fees and other provided services.
b)Our costs increase as a result of any adverse changes in any of the exchange rates which have been used to calculate the cost of your holiday.We reserve the right to increase or decrease the prices of unsold holidays/travel arrangements at any time. The price of your chosen holiday/travel arrangement will be confirmed at the time of booking. We also reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error. Packaged prices are based on the following exchange rates; £1 = 1.15 Euro.In the unlikely event that we need to surcharge you, we will absorb an amount equivalent to 2% of the holiday price.Only amounts in excess of 2% will be surcharged, but where a surcharge is payable there will be an administration charge of €1 per person. If this means paying more than 10% on the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid to us except for amendment charges. This must be done within 14 days of the date printed on your surcharge invoice. Surcharges will not be levied within 30 days of your departure.
- GENERAL INFORMATION
Star Ratings – Reflect local ratings not UK ratings.Late Bookings – Should we be unable to confirm your booking immediately, we will request extra transportation or accommodation accordingly. However, we require full payment in advance prior to making such requests, as you will be bound by our full terms and conditions should the request(s) be successful. If we are unsuccessful in confirming your holiday, we will refund you in full immediately.
Foreign Office Travel Advice
The Foreign & Commonwealth Travel Advice Unit may publish information about your destination on the internet www.fco.gov.uk. Alternatively, the FCO can be contacted on 0207 238 4503.Hotels with Restaurants
Some hotels close their restaurants during the week/low season or for maintenance without prior notice.Passports & Visas
To visit Mallorca a 10-year British passport is required for travel. It is recommended that your passport is valid for at least 6 months beyond your planned return date. If you are not a British citizen, you should contact your Embassy for information and advice on the passport and visa requirements to visit Mallorca ( Spain ).It is your responsibility to ensure you have a valid passport and visa for your holiday. We also cannot accept liability or consider refunds for clients who cannot travel because of incomplete or incorrect documentation.Car Hire & airport transfers
We have only used reputable car rental companies who will ask you to agree and sign their standard contract on arrival. We act merely as an agent for them. We have endeavoured to outline what is and is not included in the price but all car rental companies have their own terms and conditions and you are advised to study them prior to taking delivery of the car. Fuel is not included in the holiday cost. Cars will be covered under local insurance and the equipment contained therein will be as per local specification. You must be aware the insurance cover may be deemed invalid if the driver is found to be under the influence of drugs or alcohol. Prior to giving you the keys, the car rental company will require your credit card details as surety against failure to return the vehicle undamaged and with the equivalent amount of fuel as when you collected it (unless specified otherwise).Transfers between the airport, hotel and golf course will be by coach, minibus or taxi and clients. Under certain circumstances clients may be prepared to share with other clients.Golf
Golf is defined as 1 round of 18 holes per day commencing no earlier than the day after arrival unless otherwise stated. If you have chosen golf as part of your package, Green Fee vouchers will be issued for golf booked by us and will be sent to you via email, or we will arrange for them to be collected by you at your hotel, or at the first golf course to be played. These vouchers must be presented at the golf course no later than 15 minutes prior to tee off time. Unused vouchers will not be refunded unless golf course officials close the course. We will always seek clarification from them before issuing any refunds. We will try to secure tee times as close as possible to those requested by you but reserve the right to book other times if the preferred time is unavailable. Course officials reserve the right to pair two ball parties together. Where course maintenance takes place we will endeavour to advise you prior to departure and where possible, offer an alternative course of similar standard. However, Mallorca Golf Holidays cannot be held responsible if such maintenance occurs for which we have no record of prior notification from the course owners nor can we be held responsible for the playing condition of the course. Equipment hire (buggies, trolleys, clubs etc) is not included in the price unless stated otherwise. Local golf taxes and/or federation fees (if applicable) must be paid by you locally. Most courses require a valid handicap certificate and it is your responsibility to present one if so required by a course official. Also, Mallorca Golf Holidays cannot be held responsible if players arrive late and/or miss their designated tee time. It is the player’s responsibility to plan the journey time to the course. Soft spikes are compulsory at all courses. Mallorca Golf Holidays cannot be held responsible if players are turned away by course officials due to inadequate or inappropriate golf attire.
Amendments to golf itineraries may be changed by Mallorca Golf Holidays resulting from course unavailability due to inclement weather, the late staging of tournaments or decisions taken by local course owners that we could not reasonably have foreseen at the time of booking. Mallorca Golf Holidays will endeavour to advise such changes at least 2 weeks prior to departure or as soon as we have been informed and where possible, alternatives of equal status will be offered.
- DATA PROTECTION POLICY
Mallorca Golf Holidays will always endeavour to ensure that your personal data is secure, accurate and up to date. This information includes contact, registration and payment details and essential information to ensure your holiday is managed efficiently. You have a right to ask us at any time not to contact you by way of direct marketing. If you no longer wish to receive information about Mallorca Golf Holidays products, please write via email to email@example.com
Mallorca Golf Holidays does not sell or rent your personal data to third parties.
If you have contacted us as a result of a third party promotional activity, your details may be passed onto the company/organisation who are jointly responsible for the promotion – unless you inform us that you do not wish this to occur.
- TRAVEL INSURANCE
Travel Insurance is essential as it provides protection against financial loss resulting from your trip being cancelled or delayed, theft of valuables, medical expenses and even legal or personal liability expenses you may incur whilst on your holiday. We strongly recommend that you and all members of your party are adequately insured before travel. Indeed, it is a condition of booking that you must have insurance cover and can provide details if requested.