TERMS AND CONDITIONS OF USE AND RESERVATION
Site Internet Legreenfee.com
ARTICLE 1: DEFINITIONS
Partner Golf course: Entity running a Golf course, and allowing Customers to reserve via the Website
Website: the www.legreenfee.com website, run by the company Albatros France Golf Solutions.
ARTICLE 2: PRESENTATION OF THE LEGREENFEE.COM WEBSITE AND THE SERVICE
2.1 IDENTIFICATION OF THE SERVICE PROVIDER AND CONTACT
The www.legreenfee.com website is edited by Digital Golf Solutions, a limited liability company with a capital of €50,000, 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 is Mr. Christophe Caporal.
The customer services department can be reached from 9h00 to 18h00 on this telephone number: 33 (0)1 85 76 12 21
The customer service email address is: [email protected]
The email address for reporting problems is: [email protected]
The Website is hosted by the company Albatros Datenservice Gmbh, situated in Karlsruhe, Germany.
2.2 PRESENTATION OF THE SERVICE
The Website presents a guide of French golf courses, and offers rounds on various Partner Golf courses with which Albatros has a partnership, enabling internet users to reserve a round on their chosen golf course in real time.
The Paid Service presents offers for tee offs available to reservation in real time, according to the following criteria: region, name of Partner Golf course, 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 Services enable Users to leave comments about the golf course after their round, to register their favourite courses in their user account, and to visualise their latest round reservations. The Services and the Paying Service require the creation of a user account involving 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 Partner Golf Course 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.
Mygreenfee complies with NBCU's terms and conditions, which can be viewed here:
The applicable TCR are those available on line on www.legreenfee.com/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 Golf course 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.
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 Albatros France Golf Solutions. 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.
A VAT included note or invoice is issued by the seller which can be:
* the Golf Partner, in this case the invoice is issued to the customers at the time of the performance of the service within the Golf,
* Digital Golf Solutions, in which case the invoice is issued to customers at the time of the online booking.
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 Albatros, and by the Partner Golf course 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 Albatros France Golf Solutions, is contracted for the Partner Golf course, using the course chosen by the Customer. The Partner Golf course, is therefore sole responsible on the course for ensuring that all runs smoothly for the Customer, and for any reimbursement. Albatros France Golf Solutions cannot reimburse any reservations.
In case of maintenance operations on the course, Albatros France Golf Solutions cannot be held responsible for any discomfort or modification to the course incurred by the Customer. The Partner Golf course’s Rules and regulations may contain specific arrangements in this respect, which the Customer can request to apply towards the Partner Golf course exclusively.
4.2. RULES AND REGULATIONS
The Customer commits to respecting Partner Golf course’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. 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 Partners Golfs courses and Albatros. Any round non used, interrupted or shortened by the Customer will not result in any compensation.
In case of late arrival, the Partner Golf course may, without any obligation, propose a new tee off time to the Customer. Albatros France Golf Solutions cannot be held responsible if Le the Partner Golf course cannot make such a proposal.
4.4. CANCELLATION - EXCHANGE CONDITIONS
Possibility of exchange: if the Customer anticipates that he will be unable to play at the date and time initially reserved, the Partner Golf Course will allow the exchange of the greenfee reservation under the following conditions:
. The exchange request must be notified to the Golf Partner by e-mail at least 24 hours before the start time of the initially reserved greenfee, confirmed by acknowledgement of receipt of acceptance of the exchange by the Golf Partner. A Failure to respect the 24-hour notice period as confirmed by the acknowledgement of receipt from the Golf Partenaire, the reservation is lost and no refund will be made.
. The player has twelve months from the date of the greenfee initially reserved to identify another greenfee available at the same Golf Partner.
. If the price of the new reservation is higher, the Customer undertakes to pay the difference at the reception of the Partner Golf Course. If the price of the new reservation is lower, there is no refund of the difference.
The Customer is solely responsible for finding an alternative greenfee, without this creating an obligation for the Operator to provide the Customer with another greenfee according to the Customer's availability.
Any cancellation without any desired exchange must be made directly with the Golf Partner, and does not entitle the Customer to a refund by Albatros France Golf Solutions.
4.5. BAD WEATHER
The Customer expressly acknowledges that an exhaustive list of weather conditions may give rise to compensation according to the Partner Golf course’s internal rules and regulations.
5 CUSTOMER COMMENTS POSTED ON THE WEBSITE
In order to leave a comment about a round of golf, the User must first have (i) created a User account, (ii) reserved a round of golf online using the Legreenfee.com site and (iii) have played the said round. The comment will become visible once its author has validated the content, Albatros France Golf Solutions will not check the comment in advance. The comment will remain visible on the Website for a minimum of 7 (seven) days.
If a Customer deletes their account, any comments they have posted on the site will remain visible for their normal life span. The Customer can request the removal of any contents relating to them by contacting Albatros France Golf Solutions at the following email address: [email protected].
5.2. RESPONSIBILTY FOR WEBSITE CONTENTS
The Customer is sole responsible for the remarks they make in this space, they must attempt to maintain a level of objectivity and moderation in their comments. The Customer shall not post contents which are disparaging, slanderous, insulting or more generally contrary to the applicable regulations or harmful to the rights of third parties. They shall also not post any contents unrelated to the Golf course selected, or any form of advertising, in this section. If they do so, they may be forbidden from posting any comments to the Website, and/or may have their account deleted. The Customer expressly takes responsibility for any sentence pronounced against Albatros France Golf Solutions for contents which the Customer has posted commits to compensating Albatros France Golf Solutions in consequence.
Albatros, in their role of host, shall not be held responsible for comments posted by the Users relating to the round and/or to Partner Golf courses, if they are proven to be disparaging, slanderous, or simply critical or negative, and more generally if they are contrary to regulations or harmful to the rights of a third party. In case of illegality of contents notified to Albatros, Albatros is legally obliged to remove the contents promptly. Albatros also keeps any elements relating to the identification of the authors of the said contents, to enable the legal authorities to carry out any procedures required.
5.3. INTELLECTUAL PROPERTY
The User recognises and accepts that the different elements that they post on the Website will also be accessible through all methods of electronic communication on mobile phone, tablet computer and any other digital tool which may become available on the market. They expressly accept that the said elements may be translated into English, Spanish and German, or into any other language in which the Website may be translated, whether they are copied, published and communicated on the English, Spanish and German language versions of the Website, and on any other language version, as well as on the partner sites of LEGREENFEE.COM.
The User expressly grants, for the duration of the presence of their comment on the Website, the free of charge and non exclusive rights to reproduce and adapt, translate and communicate to the public for circulation on the Internet, their comments and their name for the needs, promotion and distribution of the Service. In the framework of promoting the Website, the User acknowledges and accepts that their comments may be reproduced, represented and circulated on all types of advertising, on both Internet site and printed advertising tools. The User can put an end to this transfer of rights by notifying Albatros. This transfer of rights applies to all places and to all countries and for the duration of protection of intellectual property rights according to French law.
Albatros 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 Albatros 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 Albatros cannot be held responsible.
Albatros 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 Partners Golfs courses 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, Albatros cannot be held liable for errors, changes or omission concerning these elements.
Albatros is not liable for hyperlinks accessible through the Website if they are found to be contrary to current regulations. Albatros cannot control the changes in websites to which these links lead. Albatros will rapidly remove any links reported to them, which lead to contents which are either illegal or harmful to the rights of third parties.
Performance of the Paid Service occurs directly between Partner Golf course and the Customer, Albatros is only involved at the reservation and payment stage acting for the Partner Golf course. The Partner Golf course acts in their own name and under their own responsibility in their relations with their Customers during the round. The Customer acknowledges that Albatros 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 the Partner Golf course occurs under the full responsibility of the Partner Golf course. In the agreements contracted between Albatros and Partners Golfs courses, the latter agrees to take out insurance with adequate coverage for their scope of activity.
The liability of Albatros 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, Albatros may only be held liable through proven misconduct, within a maximum period of six (6) months from the date of the reserved round.
If Albatros is 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.
7 – PERSONAL DATA
ARTICLE 8: INTELLECTUAL PROPERTY
Albatros 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 9: 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: Albatros and the Partner Golf course 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, Albatros 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.