TERMS AND CONDITIONS OF USE AND RESERVATION
Online reservation of green fees through the www.golfsinalsace.com Website
(TCR)
ARTICLE 1: DEFINITIONS
TCR: Terms and Conditions for Reservation and Use of the Website
Customer: any individual or authorised corporate body who reserves a round of golf through the Website
Partner Network: Golfs in Alsace / www.golfsinalsace.com
Paid Service: service for real time reservation of a round on a golf course available on the Website
The Services: all the services available on the Website once you have created a User account
Website: the www.golfsinalsace.com website, run by Golfs in Alsace.
User: any individual who creates a user account on the Website
ARTICLE 2: PRESENTATION OF THE SERVICE
2.1 IDENTIFICATION OF THE SERVICE PROVDER AND CONTACT
The www.golfsinalsace.com online green fee reservation system is co-edited by Golfs in Alsace. The Director of publication is Mr. Laurent Trescartes.
and
Digital Golf Solutions, a limited liability company with a capital of €50,000, acting under law and responsibility for the brand Legreenfee.com, specialising in online reservations, whose head office is situated at 8, rue Hans List, 78290 Croissy sur Seine, France, registered on the trade and companies register of Versailles under number 534 820 956 00025, and whose intra-EU VAT number is FR42534820956.
The Director of publication of the Legreenfee.com Website is Mr. Christophe Caporal.
The customer services department can be reached from 9h00 to 18h00 on this number: 33 (0)185 76 12 21
The customer services email address is: [email protected]
The email address for reporting problems is: [email protected]
2.2 PRESENTATION OF THE SERVICE
The Website presents Tee off offers on the Golfs in Alsace, produced in white-label solution by the company Digital Golf Solutions, enabling internet users to reserve rounds of golf in real time on their chosen golf course.
The Paid Service presents offers for tee offs available to reservation in real time, according to the following criteria: region, name of Partner Network, date and time of reservation, number of holes, number of players, if relevant the promotional offer materialised by the “good choice” logo, number of places available.
The Paid Service requires that you create a user account, which requires the acceptation of these terms and conditions of use and reservation.
The Website also publishes special offers.
ARTICLE 3: CREATING AN ACOCUNT AND ESTABLISHING THE CONTRACT
3.1. INFORMATION REQUIRED
The User declares that they have full capacity and/or have parental authorisation for minors, or for a corporate body, to have the required authority, to create a user account, and/or subscribe to the Paid Service. The Customer is in possession of a bank account linked to a bank card.
The User creates an account by completing the online form which includes the following mandatory fields: Last name, first name, email address and password.
The User agrees to provide accurate, complete and current information. They accept that their email address and password are essential elements for using the Paid Service and that if their email address is incorrect or incomplete they risk not being able to access the course for which they have reserved, without being entitled to any compensation. As such, they agree to inform the Golfs in Alsace of any change to their email address.
The Customer also chooses the Partner Golf Course, the date and time on of tee off, according to the characteristics available in the Paid Service. In this respect, the available Services on the Website mention:
- the essential characteristics of the course, by clicking on the course description (place, date, time, type of course, number of players),
- the price in Euros, including VAT, the rate of reduction if relevant,
- the payment method,
The course offers and associated prices remain valid for as long as they are visible on line on the Website and for as long as courses and times are available. The Price varies according to seasons, days of the week, week-ends, bank holidays, and time of day. Inherently, the real time Reservation service varies the offers in real time as well as the corresponding prices if necessary, in particular according to the time remaining before the tee off date or occupancy rates.
3.2. ACCEPTATION OF THE TCR AND CONTRACT
Validation of the account creation form requires acceptation of these TCR.
Creation of the account results from the validation of the button “Create my account” after having completed the registration form, which indicates “by validating this registration form, I accept the terms and conditions of use and reservation”. The TCR are accessible in full through a simple click.
The User acknowledges having read the TCR attentively and expressly accepts their content.
It is recommended that Customers print the TCR or save them to their computer so as to have the possibility of referring to them at a later date.
The applicable TCR are those available on line on www.golfsinalsace.com/reservation/tcr at the date of subscription to the Service, and may be modified at a later date.
Reservation of a Paid Service is undertaken by (i) creation of a User account (ii) validation of the order recap form (iii) validation of payment information by Mangopay. Also applicable to the contract (iv) the rules and regulations of the Partner Network available on the course’s Website.
A mail confirming the order is sent rapidly by email to the address provided by the Customer.
The real time course reservation Service is available on line on the Website and no other communication system. No reservations can be made by telephone, post, electronic mail or fax.
3.3. PAYMENT
The Customer agrees to complete the fields relating to the payment method with their accurate and current personal bank details. The Payment service requires that the Customer be in possession of a Mastercard or Visa bank card.
The data is coded and sent directly to the Mangopay payment authority, without transiting by www.golfsinalsace.com. Mangopay processes the payment and debits the Customer’s account.
If the payment is refused for any reason, the course reservation will be cancelled immediately.
An invoice will be emitted by the Partner Golf course on the Website at the time of performance of the service.
3.4 RIGHT TO RESCISSION
The right to rescission is not applicable to the Service, according to article L 121-20-4 of the French code of consumption which states: “the clauses of articles L. 121-20 and L. 121-20-1 do not apply to contracts covering leisure services which must be provided on a specific date or pre-determined frequency”.
3.5. AGREEMENT ON PROOF
The parties agree and expressly accept that information kept by Digital Golf Solutions, and by the Partner Network (Golfs in Alsace) in their computer system for orders, payment, invoicing, performance of the course, or for the circulation of contents uploaded by the Customer prevail between both parties, unless proven otherwise by a bailiff.
4. PERFORMANCE OF THE CONTRACT
4.1. PERFORMANCE BY THE PARTNER GOLF COURSE
The reservation Contract provided by Golfs in Alsace, is contracted for Golfs in Alsace, using the course chosen by the Customer. Golfs in Alsace, is therefore sole responsible on the course for ensuring that all runs smoothly for the Customer, and for any reimbursement. www.golfsinalsace.com cannot reimburse any reservations.
In case of maintenance operations on the course, Golfs in Alsace and Digitam Golf Solutions cannot be held responsible for any discomfort or modification to the course incurred by the Customer. Le Golf National’s Rules and regulations may contain specific arrangements in this respect, which the Customer can request to apply towards the Golfs in Alsace exclusively.
4.2. RULES AND REGULATIONS
The Customer commits to respecting Golfs in Alsace’s internal rules and regulations, which the latter agrees to make available to the public visibly on their Website. The rules particularly cover the dress code and the deadline for presentation before tee off, which is generally 10 minutes ahead of time.
4.3. CANCELLATION WITHOUT REIMBURSEMENT
Any cancellation must be carried out directly with Golfs in Alsace, without possibility of reimbursement.
4.4. ABSENCE OR LATE ARRIVAL
In case of absence of the Customer on the course at the reserved time, the amounts paid for the reservation remain in the possession of Golfs in Alsace and Digital Golf Solutions. Any round non used, interrupted or shortened by the Customer will not result in any compensation.
In case of late arrival, Golfs in Alsace may, without any obligation, propose a new tee off time to the Customer. Golfs in Alsace and Digital Golf Solutions cannot be held responsible if Golfs in Alsace cannot make such a proposal.
4.5. BAD WEATHER
The Customer expressly acknowledges that an exhaustive list of weather conditions may give rise to compensation according to the Golfs in Alsace internal rules and regulations.
5. RESPONSIBILITY
Golfs in Alsace and Digital Golf Solutions agree to implement any techniques required for the availability of the Service and accessibility to the Website. Maintenance operations could however be undertaken on the Website making it unavailable to users, without Golfs in Alsace and Digital Golf Solutions being held liable. Other events may arise to disrupt the availability of the Website, such as network breakdown, failure of materials or software, for which Golfs in Alsace and Digital Golf Solutions cannot be held responsible.
Golfs in Alsace and Digital Golf Solutions take great care of the information available on the Website and/or concurring with the Service, in particular in the framework of the partnership implemented with Golfs in Alsace which provides and uploads information and characteristics relating to the round. However, photos, texts, graphs and information copied and illustrating the Service are non-contractual. Consequently, Golfs in Alsace and Digital Golf Solutions www.golfsinalsace.com cannot be held liable for errors, changes or omission concerning these elements.
Performance of the Paid Service occurs directly between Golfs in Alsace and the Customer, Golfs in Alsace and Digital Golf Solutions are only involved at the reservation and payment stage acting for Golfs in Alsace. Golfs in Alsace acts in their own name and under their own responsibility in their relations with their Customers during the round. The Customer acknowledges that Golfs in Alsace and Digital Golf Solutions cannot be held responsible for the quality of the service provided on the Website, or for any damages or deterioration which may occur. Likewise, any damage to persons or belongings on the Website of Golfs in Alsace occurs under the full responsibility of Golfs in Alsace. In the agreements contracted between www.golfsinalsace.com, the latter agrees to take out insurance with adequate coverage for their scope of activity.
The liability of Golfs in Alsace and Digital Golf Solutions in respect of their real time golf round reservation activity does not cover indirect damage, in particular in case of any loss of business, transport or accommodation costs, or replacement activity.
More generally, Golfs in Alsace and Digital Golf Solutions may only be held liable through proven misconduct, within a maximum period of six (6) months from the date of the reserved round.
If Golfs in Alsace and Digital Golf Solutions are proven liable towards the Customer, this liability cannot exceed the sums actually spent by the latter in respect of the Paid Service contract for the round for which the liability recognised.
6 – PERSONAL DATA
Digital Golf Solutions, responsible for handling data, has declared their handling of data required for the Service to the CNIL (French National Commission for Data Protection and liberties). All data is handled in compliance with European and French regulations, as to their accuracy, their security and the compliance of their handling with the purpose for which they were collected.
The User is authorised to access, correct or delete this data, and can do so directly through their User account, or through the [email protected] email address.
Personal information relating to course reservations is also sent to the Golfs in Alsace for the performance of the contract, while information relating to payment transits exclusively through Mangopay and its service providers. The Customer may also exercise their right to access, modify and delete information by contacting the Golf National directly.
Digital Golf Solutions and Golfs in Alsace will notably use their Users’ email addresses when sending their newsletters, unless the refusal to receive the newsletter has been selected on the online order form. The User may also, at any time, use the link at the bottom of the page of the newsletter to unsubscribe.
By accepting these TCR, the User accepts the use of cookies on the Website for service optimisation, statistical and marketing purposes.
Digital Golf Solutions uses these cookies, which record information relating to the User’s browsing, and stores information that the User has input during their visit (in particular the User’s region).
The User expressly agrees that their browser information be collected in the framework of behavioural advertising campaigns based on interests demonstrated during their visit to the Website or other sites.
The User can set their browser to accept or reject all cookies, or to warn them when a cookie is installed.
For Mozilla firefox:
Menu “tool” then “Options” /’icon “private life”/menu “cookie” then select the appropriate option
For Microsoft Internet Explorer:
Menu “Tools” / “Internet Options” / ‘tab “Privacy” / select the preferred level
For Opéra 6.0 and beyond:
Menu “File”>“Preferences” / Private life
The Customer also acknowledges the presence of web bugs on certain pages and on the newsletter, whose statistical information may be sent to Golfs in Alsace.
ARTICLE 7: INTELLECTUAL PROPERTY
Digital Golf Solutions holds all rights or authorisations for the Service (in particular on software, data bases) and more generally on all elements composing the Website (domain name, ergonomics, texts, brands, graphics, logos, photographs), which are protected by French and International regulations relating to intellectual property law.
Any other use than that intended as part of the Service, in particular reproduction, modification, adaptation, distribution, copying, transmission, publication, translation or representation of this information or these elements, or substantial quantitative or qualitative extraction from data bases is forbidden without prior authorisation.
The User also agrees that the contents of advertisements, promotional offers that are presented via the Service or by third party advertisers are protected by copyright, brand law or any other law under current legislation.
ARTICLE 8: GENERAL TERMS AND CONDITIONS
8.1. Partial non-validity: If any one of the clauses in these TCR were to be declared invalid or unfounded in light of a current legal or regulatory clause, and/or a court ruling, it will be considered as null and void and all other clauses retain their validity and reach.
8.2. Force majeure: Digital Golf Solutions and Golfs in Alsace shall not be considered in breach of contract in case of force majeure. Force majeure is defined as any unforeseeable and uncontrollable event beyond the control of the parties, in particular strikes, demonstrations or riots.
8.3. Termination of contract: at any time, Digital Golf Solutions can relinquish the rights and obligations resulting from these TCR.
8.4. Applicable law: the TCR and contract are subject to French law.
These Terms and Conditions were written in French. The French text shall prevail in the event of any dispute.