GOLFNOW BOOKING TERMS AND CONDITIONS
Effective date August 1, 2018
THE FOLLOWING TERMS AND CONDITIONS (T&CS) GOVERN THE SALE OF TEE TIMES & HOT DEALS™ PURCHASED VIA THE WEBSITE AND/OR VIA THE MOBILE APP, TOGETHER WITH ANY APPLICABLE TERMS AND CONDITIONS STIPULATED BY THE GOLF COURSE, WHICH MAY BE STIPULATED ON THE WEBSITE OR MOBILE APP OR ON THE GOLF COURSE’S WEBSITE.
BY BOOKING A TEE TIME OR HOT DEALS™ YOU WARRANT THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE T&CS.
1.1 GolfNow provides a way for You (‘You’, ‘Golfers’) to book tee times (‘Tee Times’) and Hot Deals™ (‘Hot Deals™’) at hundreds of individual golf courses (‘Goclf Course’) displayed on www.golfnow.ie and/or www.golfnow.co.uk website (‘Website(s)’) and/or the GolfNow mobile app (‘Mobile App’).
1.2 The legal contract for a Tee Time/Hot Deal™ is between You and the Golf Course, and GolfNow acts on behalf of and as an agent for the Golf Course in question.
1.3 Where the Golf Course’s terms and conditions are not featured on the Website or the Mobile App, You should check the website of the Golf Course in question for any applicable terms that You need to be aware of, such as dress code, minimum handicaps or similar rules.
HOW TO BOOK A TEE TIME / HOT DEAL™
2.1 Once you have selected the Tee Time/Hot Deal™ you wish to book from the your chosen Golf Course and provided the other required information, you will be given the opportunity to submit your booking, register a free GolfNow account or check out as a guest.
2.2 Once you have provided your payment details you should click “Make Your Reservation” in order to complete your booking.
2.3 You must ensure all details of the booking are correct before making your booking. No responsibility will be accepted if you make the wrong booking.
2.4 On receipt of your booking, we will send it to the relevant Golf Course and will notify you by email that your booking has been received and is being processed. Please note that any confirmation page that you may see on the Website/Mobile App and any confirmation e-mail that you may receive each confirm that you have a booking with a Golf Course but does not necessarily mean that your booking will be fulfilled by the Golf Course. We encourage all our Golf Courses to accept all bookings and to communicate any rejection promptly. For example Golf Course are required to keep their tee sheet up to date and inform us of any Tee Times that cannot be sold through the Website/Mobile App.
2.5 We (and/or the Golf Course) will notify you (generally by email or by a telephone number that you provide to us) as soon as reasonably practicable if a Golf Course rejects your booking and/or we are notified that your Tee Time should not have been sold (ie. the Golf Course notified us that they have a competition on the day you have booked after you made your booking).
3.1 You (including the golfers included within your booking) are responsible to:
· Ensure your booking information is correct at the time of booking.
· Act (and ensure that any other person you have booked on behalf of) at all times in accordance with the Golf Course Rules (including dress codes).
· Turn up for tee time in good time (if you are running late please contact the Golf Course as soon as possible. Please note, tee times are subject to availability, there is no guarantee that the Golf Course will be able to accommodate a new tee time if you miss your booked time).
· If requested by Golf Course; provide the confirmation email and proof of payment of your booking.
· Communicate any special requirements in advance to the Golf Course.
· Should check the condition of the Golf Course on the day in advance of your tee time and ensure the Golf Course is open.
3.2 You accept that:
· The Golf Course has discretion to refuse entry to any golfer that does not adhere to their Golf Course Rules or dress code.
· The tee time you book is an estimate only. Neither we nor the Golf Course guarantee that you will tee off at the time you have booked and will not be responsible for any delay. We recommend that you attend the Golf Course in good time before your tee time.
· Unless a four ball is purchased, you may be partnered with other Golfers that have booked the same tee time as you.
· Owing to local conditions, some and/or all of the holes at the Golf Course may be closed and or have temporary greens, or have trolley/cart bans or similar restrictions in order to protect the grounds of the Golf Course. In addition, there may be slow play or other situations which may affect your experience at the Golf Course.
· Where you have any complaints, these should be directed to the Golf Course in question first. Where you are not satisfied with their response or remedy, you should contact us.
· The contract is between you and the golf course, we have no control over the actions or omissions of the Golf Course.
CANCELLATIONS AND AVAILABILITY
4.1 Once you have submitted your booking, unless otherwise stated, you will not be entitled to change or cancel your Tee Time/Hot Deal™, nor will you be entitled to a refund (for example the Golf Course may require more than 24 hours’ notice in order to cancel your booking, where you fil to do so incurs administration costs and makes it significantly difficult for the Golf Course to be able to resell your specific Tee Time. Some Golf Courses however may allow you to cancel at any time before the Tee Time).
4.2 (Except in relation to Hot Deals™) If you wish to change or cancel your booking, you may use the self-service portal on our Website/Mobile App or contact our Customer Care team and they will attempt to contact the Golf Course in order to communicate your requests. However, there is no guarantee that we will be able to reach the Golf Course or that the Golf Course will agree to your requests.
4.3 Please note the individual Golf Course is responsible for updating their tee sheet. Where they fail to do so, we may advertise available Tee Times and Hot Deals™ on the Website/Mobile App. Where it is subsequently realised that such Tee Times/Hot Deals™ were not available for sale (for example the Golf Course has not informed us that they have a competition on that day), our liability to you is limited, at our discretion to a refund of the cost of the booking or issue credit to be used at the same Golf Course and priced tee time but on an alternative day (such time and day to be agreed by you).
4.4 Where any payment you make is not authorised, your booking will not be processed or communicated to the relevant Golf Course.
4.5 We reserve the right to cancel your booking, vary the time of your scheduled booking, substitute it for an alternative tee time (on the same day and within a reasonable time period either side of such tee time) if this becomes necessary because of circumstances beyond our control. If this happens we will, at our discretion, refund the cost of the booking or issue credit voucher to the same value of the tee time booked. If we issue you with a credit voucher, this will expire after 90 days.
4.6 The cancellation rights contained in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to the sale of Tee Times/Hot Deals™ via the Website/Mobile App.
PRICE AND PAYMENT
5.1 Prices will be as quoted on the Website/Mobile App. These prices include any applicable VAT (these will be added to the total amount due where applicable) but are exclusive of Convenience Fees (these are added at the checkout). A Convenience Fee, is a booking fee applied to each golfer within a booking. The Convenience Fee helps us run our platform, add features and offer services like customer support.
5.2 The Website/Mobile App contains a large number of Tee Times and it is possible that some of the Tee Times may include incorrect prices. If the correct price for a Tee Time is higher than the price stated on the Website/Mobile App, we will normally contact you before the relevant Tee Time is booked. In such an event, neither we nor the relevant Golf Course is under any obligation to ensure that the Tee Time is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing. Our liability to you is limited to a full refund of the price you have actually paid and/or credit to be used to book another Tee Time up to the same value paid.
5.3 Transactions processed by GolfNow will appear on the cardholder's bank or card statement as GOLFNOW.
5.4 Where you have made a payment for your Tee Time/Hot Deal™ online, you should not be required to make any additional payments at the Golf Course (except for any additional items you require on the day such as buggy or club hire). If you are required to make a payment by the Golf Course upon your arrival, you should not make a payment and contact us immediately for confirmation of payment.
6.1 Payments for Tee Times must be made in advance by an accepted credit or debit card through the Website/Mobile App (some credit or debit cards may not be accepted by such as American Express).
7.1 We sometimes team up with our Golf Course partners and/or provide such Golf Course partners with other services in exchange for being able to offer exclusive tee times at prices set by us at our discretion, these are known as Hot Deals™.
7.2 We receive the full payment for the Hot Deals™ without commission to the Golf Course. The contract to play golf still remains between you and the Golf Course in question.
7.3 Payments for Hot Deals™ must be made by an accepted credit or debit card through the Website/Mobile App (some credit or debit cards may not be accepted by such as American Express).
DISCOUNT VOUCHERS, PROMO CODES & OFFERS
8.1 The following general terms and conditions will apply to all discount vouchers, promo codes & offers (“Promo”) issued by us from time to time for use on the Website/Mobile App (“Promo Terms”)
8.2 The Promo Terms will be supplemented and/or modified by, additional terms and conditions (the "Specific Promo Terms") as specified on the voucher, promo code or at the time the voucher/promo code is issued. For completeness, if there is any conflict between the Promo Terms and the Specific Promo Terms, the Specific Promo Terms will take precedent.
Course promos (non-Hot Deals) are excluded from following terms.
8.3 To use a Promo code you must:
· have a GolfNow account and be signed in; and
· enter the Promo code as provided (case sensitive).
8.4 The Promo code:
· will only be valid for one time use against one individual Hot Deal™ as advertised from time to time;
· must be used by the deadline specified and/or at the time the Promo code is issued and will expire if not used by this date;
· can only be used by the person given the voucher/promo code and not by any other person;
· cannot be combined with any other offers, promotions, coupons, or discounts; and
· may be withdrawn or modified at any time without notice.
8.5 The Promo code is non-transferable and has no cash value. Where the Promo code is for a fixed amount that is (i) less than the Hot Deal™, you will be responsible to pay the shortfall in order for the booking to be processed; (ii) more than the Hot Deal™ price, then unless otherwise agreed, the remaining balance will be forfeited.
8.6 Please note the Hot Deals™ offered by GolfNow are limited so there is no guarantee that a Promo code can be used against desired Hot Deals™. Hot Deals™ tee times are only available at some participating Golf Courses and are subject to change at any time.
8.7 When you use a Voucher you warrant to us that you are the duly authorised recipient of the Voucher and that you are using it in accordance with these T&Cs, lawfully, legally and in good faith. If we believe in our sole discretion that a Voucher is being used in breach of these T&Cs, unlawfully, illegally or in bad faith, we may reject or cancel the Voucher.
9.1 We take our responsibilities and obligations in respect of data protection extremely seriously. Please see our to find out more information about how we collect and use your personal data through the Website/Mobile App.
9.2 We provide the Golf Course with your booking details. They will only use your data to fulfil your booking. For example, they may contact you via your email address or telephone number to confirm your booking or to provide you with specific information you may need to know (ie. the course is closed due to bad weather). They will not contact you for any other reason unless permitted by law or you if have provided them with your details and given any applicable consents once you arrive at the Golf Course.
9.3 Through the Website/Mobile App, we will seek your consent to send you marketing communications by email. You can unsubscribe from receiving these marketing communications at any time by using the links within each email, updating your account preferences or by contacting our Customer Service team.
9.10 Please visit our for additional information on your rights to data access, deletion, objection and portability, as well as applicable retention periods.
10.1 Unless expressly stated to the contrary to the fullest extent permitted by law we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the Website/Mobile App and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
10.2 Our total liability to you in respect of all other losses arising under or in connection booking your Tee Time or Hot Deal™ via our Website/Mobile App, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your booking or £/€100, whichever is greater.
10.3 Nothing in these T&Cs excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
11.1 We reserve the right, at any time and in our sole discretion, to add to or amend these T&Cs.
11.2 If any of these T&Cs are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these T&Cs will not be interpreted as a waiver of your or our rights or remedies.
11.4 You may not transfer any of your rights or obligations under these T&Cs without our prior written consent. We may transfer any of our rights or obligations under these T&Cs without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
11.5 The headings in these T&Cs are included for convenience only and shall not affect their interpretation. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall, be deemed to be followed by the words “without limitation”, shall be construed as illustrative, and shall not limit the sense of the words, description, definition, phrase or term preceding such terms.
11.6 We will contact you by email or provide you with information by posting notices on the Website/Mobile App. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
11.7 The T&Cs and any Tee Times/Hot Deals™ booked through the Website/Mobile App is governed by and construed in accordance with the laws of England & Wales.
12.1 We are committed to delivery an excellent customer service. Where you are not happy with your service we want to ensure we will do all we can to rectify that. To ensure that we provide consistency and to delivery our high standards we have a dedicated complaints procedure. Which can be found here Complaints Policy.
13.1 GolfNow, is trading name of GolfNow LLC of 7580 Golf Channel Drive, Orlando, Florida 32819. We are an international company and part of the Golf family including The Golf Channel and NBCUniversal.
13.2 We can be contacted by emailing [email protected]
Last Modified: 8/13/2019 11:48:35 AM +00:00