Term And Conditions
SGH Golf Inc.
Term and Conditions
These Terms and Conditions are between you and Scottish Golf Holidays, Inc., its Affiliates and subsidiaries, (together, “SGH Golf” or “Operator”), and is made effective on the earlier of either: your use of this website (“Site”); the date of electronic acceptance; or receipt of a signed check or Credit Card authorization by the Operator acknowledges acceptance of our terms and conditions. These Terms and Conditions sets forth the terms and conditions that apply to Your use of this Site and the products or services purchases or accessed through this Site. The terms “You”, “Your”, or “Customer” refer to any individual or entity who accepts these Terms and Conditions. Please review the following Terms and Conditions, including an Arbitration Agreement, which govern your use of the Site and Services. If you are entering into these Terms and Conditions on behalf of a group of travelers, you represent and warrant that you have the legal authority to bind such group to the terms and conditions contained herein. You represent and warrant that as the lead participant or agent you assume the responsibility of sharing these Terms and Conditions with each participant on the trip and ensuring their acceptance to these terms. SGH Golf is not responsible for any participants misunderstanding of these Terms and Conditions due to the failure of the lead participant.
- The Services included in your purchase are set forth in the itinerary provided to You by the Operator or are included in any order You place through the Site. Operator may, in its sole discretion, utilize third parties in providing the Services to You. Upon completion of all payments, and approximately two weeks prior to departure each passenger will receive by mail any necessary documents and certificates. Please note that hotel rooms cannot be guaranteed to be available upon arrival, often rooms will not be available until after 3:00pm. The Operator is not liable for loss, damage or theft of luggage or personal belongings, for personal injury, accident or illness on any vehicle or at any place throughout the tour.
Car Rental Information: Drivers must have a valid driver’s license and be over 25 year of age. Car rental rates do not include gas and personal accident insurance or road fund recovery charge. On delivery of Your car You will be asked to leave a cash deposit or major credit card to cover the gas. The vouchers are not refundable and car rental company or Operator are not obligated to make partial refunds on unused services or apply any portion of the vouchers to charges for gas insurance or damages. All cars and mini vans are stick shift unless otherwise indicated. Please advise name of any car driver over 70 years. In Ireland, the maximum driving age is 75 years
Documentation Required: For U.S. or Canadian citizens, a valid and current passport is required for travel. Citizens of other countries should check with the appropriate Embassy for any additional requirements.
Luggage: In general, single suitcases may not exceed 62 linear inches and golf bags count as one piece. Please refer to the policy of the relevant airline or other travel service for specifics concerning limitations on luggage during your travel. Baggage lost or damaged while property is in the custody of an airline, shipline, train, bus, or transfer company are not the responsibility of the Operator. Baggage insurance is strongly recommended and is available for purchase from the Operator.
Unused Tour Services: Tour services included in this package and not used are non-refundable . No refunds will be made for any unused hotel accommodation and unused tee times, meals not taken, nor any other services not used due to flight delays, schedule changes or for any other reason.
Name Changes: In the event you wish to change the name of one of the golfers previously confirmed on a trip, the following per person charges shall apply; more than 90 days before departure – a charge of $50 plus any applicable non-refundable deposits paid to golf clubs which prohibit transfer of deposits; 60-21 days before departure a charge of $300 plus any applicable non-refundable payments made to golf clubs which prohibit transfer of same; less than 21 days before departure a charge of $400 plus any applicable non-refundable payments made to golf clubs that prohibit transfer of the same.
Departure Schedules: The departure schedule published in the program or quoted upon request are accurate at the time of printing or quoting and no changes in dates time or equipment are anticipated. However, in the unlikely event that it should become necessary to alter any of the above, the tour Operator cannot accept responsibility for delays or missed connections etc. arising from these changes. Everything possible will be done to notify passengers of accurate flight details.
- Fees and Payments. You agree to pay all amounts due for Services as set forth in the itinerary provided to You by the Operator or that are included in any order You place through the Site. All amounts (including deposits for Services purchased through an itinerary) are non-refundable regardless of Your actual use of the Services, unless otherwise noted. No refunds will be made for unused hotel accommodation, unused tee times, meals not taken, nor any other services not used due to flight delays, schedule changes, or for any other reason.
For Services purchased through an itinerary. A deposit of 40% of the total price per person must be received by the Operator within 14 days of confirmation of Your itinerary. Personal or company check, bank draft, wire transfer, or Amex, VISA, Mastercard and Discover/NOVUS are accepted. All reservations for which the deposit is not received within 14 days are automatically canceled. The balance of the total cost is payable 120 to 90 days prior to departure where applicable. All prices are quoted in U.S. dollars and the Operator reserves the right to alter prices should the exchange rate fluctuate. Reservation prices cannot be guaranteed if all payments are not received by the Operator by the due dates.
The following are not included in Your fees for the Services: caddies, alcoholic drinks (unless stated otherwise), laundry, telephone, and items of a personal nature, meals not specified, and the Collision Waiver, Personal Assistance Accident Insurance, Gas and any other item not listed in the itinerary.
- You must submit any cancellation request in writing via email to the Operator. Upon receipt of a cancellation from You, the Operator will cease to provide any further Services to you and all outstanding fees will become immediately due and payable as of the date of your cancellation. Cancellation does not entitle You to a refund of Your fees. In fact, in the event of your cancellation of any confirmed Services, the following cancellation charges will apply:
If cancellation occurs MORE THAN 90 DAYS prior to departure – a cancellation charge of 40% of the total package price will be assessed and due to Operator, in additional to any deposits paid by the Operator to suppliers as part of confirming your Services.
If cancellation occurs between 89-0 DAYS prior to departure – a cancellation charge equal to 100% of the total package price will be assessed and due to Operator.
Absolutely no refunds will be made for any unused portions of a travel package, regardless the reason.
Change/Cancellation Fee: In addition to the cancellation charges set forth above, a $100 per person administration fee will be charged for any change/cancellation of the reservation that is requested after the itinerary is confirmed and processed.
- Travel Insurance:Travel insurance providing accident, baggage and cancellation protection is strongly recommended. Details and applications for low cost insurance will be provided to You with confirmation of reservations, or upon request.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. To the extent not prohibited by law, you specifically acknowledge and agree that your use of the Site and the Services will be at your own risk and that this site and the Services are provided “as is,” “as available” and “with all faults.” Each party expressly disclaims all warranties of any kind, past or present, statutory or otherwise, in law or from a course of dealing or usage of trade, to the fullest extent permitted by law, including but not limited to, implied warranties of title or merchantability, fitness for a particular purpose, non-infringement, or security. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY the operator, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES, AND You SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THese TERMS AND CONDItiOns OR yOUR USE OF THE SERVICES.
- Confidential Information. “Confidential Information” is non-public information that includes, but is not limited to, the these Terms and Conditions and any itinerary; information concerning the Operator’s (the “Disclosing Party”) pricing terms, operations, methods of doing business, know how, trade secrets, technical specifications and data, testing and bench-marking procedures and results, customers, personnel, financial information and other confidential or proprietary information belonging to or provided by or on behalf of the Disclosing Party, or information the party receiving such information (the “Receiving Party”) should reasonably know is confidential to the Disclosing Party.
The term “Confidential Information” as used in this section does not include information that (i) was or becomes generally available to the public other than as a result of a disclosure by the Receiving Party or its directors, officers, employees, agents, contractors or advisors (“Representatives”); (ii) was or becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party or its Representatives, provided such source is not bound by a confidentiality obligation with the Disclosing Party; or (iii) was within the Receiving Party’s possession prior to it being furnished to the Receiving Party by or on behalf of the Disclosing Party, provided the source of such information was not bound by a confidentiality obligation owed to the Disclosing Party with respect thereto. Each party agrees that it will not use, modify, copy, or disclose to any third party Confidential Information, except in furtherance of the relationship between the parties or as required by law. The Receiving Party may disclose the Disclosing Party’s Confidential Information to the Receiving Party’s Representatives solely as necessary to meet their obligations under these Terms and Conditions. The Receiving Party will also ensure that all Representatives are aware of the confidential and/or proprietary nature of the Confidential Information and have themselves an obligation of confidentiality providing no less restrictive and substantially the same protections as are provided under these Terms and Conditions. The Receiving Party will take measures to protect Confidential Information at least as stringent as those measures that it takes to protect the confidentiality and security of its own confidential information of a similar nature, but in no event will the Receiving Party use less than reasonable care.
- You agree to indemnify, defend and hold harmless The Operator and its officers, directors, employees, agents, and third party service providers from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, and damages imposed upon or incurred by The Operator directly or indirectly arising from (i) Your use of and access to this Site or the Services; (ii) your violation of any provision of these Terms and Conditions or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms and Conditions or Your use of this Site or the Services.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL THE OPERATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE; (II) THE SERVICES; (III) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (IV) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (V) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES TO THIS SITE, EVEN IF ADVISED OF THE POSsibiLITY OF SUCH DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORy OF LIAbiLITY. IN ADDITION, WITHOUT LIMITNG THE FOREGOING AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE OPERATOR’S TOTAL AGGREGATE LIABILITY EXCEED $250.00 U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
- Jurisdiction and Venue: These Terms and Conditions shall be construed in accordance with and governed by the internal laws of the State of Arizona, without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction. All disputes and controversies arising out of or in connection with these Terms and Conditions will be resolved exclusively as set forth in Section 15. However, if for any reason Section 15 does not apply then all disputes and controversies arising out of or in connection with these Terms and Conditions will be resolved exclusively in the state and federal courts located in Maricopa County in the State of Arizona. Each party agrees to submit to the jurisdiction of such courts and agrees that venue will lie exclusively with such courts.
- Force Majeure. Neither party is responsible for any failure to perform its obligations under these Terms and Conditions if such party is actually prevented from or delayed in performing (the “Prevented Party”) those obligations by an event of force majeure. In any such instance, the Prevented Party must notify the other party giving full particulars of the event of force majeure and the reasons that such event prevents or delays that party from performing its obligations. The Prevented Party must then use commercially reasonable efforts to mitigate the effect of the event of force majeure upon its performance of its obligations. Upon the completion or mitigation of the event of force majeure, the Prevented Party must recommence its performance as soon as reasonably practicable. As used herein, “an event of force majeure” means an event or circumstance that is beyond the control of either party, occurs without the fault or negligence of the Prevented Party, and, through the exercise of reasonable diligence, the Prevented Party was unable to prevent such event or circumstance, including, but not limited to: (i) riot, war (whether or not declared), rebellion, revolution, acts of terrorism, acts of piracy, military insurrection, usurpation of governmental power, or other armed conflict; (ii) contamination by radiation, nuclear fuel or waste, or other materials that create significant risk to human life; (iii) earthquake, flood, fire, tsunami, tornado or other physical natural disaster, but excluding general weather conditions, regardless of severity; (iv) strikes or industrial disputes at a national level; (v) destruction or extensive damage of company headquarters; (vi) actions by a government body, including travel restrictions; or (vii) an officially designated epidemic or pandemic.
- Relationship of the Parties. Nothing in these Terms and Conditions is intended to, nor shall it be construed to, create any agency, partnership, or joint venture relationship between the parties.
- Whenever possible, each provision or portion of any provision of these Terms and Conditions will be interpreted in a manner as to be effective and valid under applicable law. If any provision or portion of any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable in any respect under any applicable law in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or portion of any provision in such jurisdiction. In such instance, these Terms and Conditions, as appropriate, will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provision or portion of any provision had never been contained in such document.
- Entire Agreement and Titles. These Terms and Conditions constitute the entire agreement between You and the Operator with respect to the subject matter hereof and no party shall be liable or bound to any other party in any manner by any warranties, representations, covenants or otherwise, except as specifically set forth in these Terms and Conditions. The titles and subtitles used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting any of the provisions contained herein.
- The provisions regarding preservation and ownership of intellectual property rights, confidential information, limitations of liability, indemnification, fees and other charges, taxes, payments, liability, and governing law will survive any termination of these Terms and Conditions.
- Dispute Resolution and Arbitration Agreement. PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE ARBITRATION AGREEMENT.
Dispute Resolution. The terms of this Section shall apply to any and all controversies, claims, actions or disputes arising out of or related to the Services, or the breach, enforcement, interpretation, or validity of these Terms and Conditions or any part of it (“Dispute”) between You and the Operator. The party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances, including all relevant documentation, of the Dispute and allowing the receiving party 60 days in which to respond or settle the Dispute.
first send to the other party a notice of the continuing Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to the Operator must be addressed to Golf Travel, LLC, Attn: Legal Department, Re: Dispute Notice, 13156 E. Lupine Ave, Scottsdale, AZ 85259. The Dispute Notice to you will be sent by certified mail to the most recent address we have on file for You.
Both You and the Operator acknowledge and agree that this dispute resolution procedure is a conditions precedent which much be satisfied prior to initiating any arbitration or filing any claim against the other party.
Waiver of Class Actions, Class Arbitrations and Representative Claims. All Disputes and arbitrations shall proceed on an individual basis. You and the Operator agree that each party may bring Disputes against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations and in so doing You and the Operator hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidation arbitration of any kind. If a court decides that applicable law prohibits enforcement of any of this Section’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Arbitration Agreement. To the extent that any Dispute cannot be resolved through the informal dispute resolution procedure described herein, a Dispute will be resolved through binding individual arbitration. Additionally, You and The Operator further agree that these Terms memorialize a transaction in interstate commerce; that the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and that this Section shall survive termination of these Terms.
ARBITRATION MEANS THAT YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO ANY DISPUTE. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in these Terms and Conditions, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability set forth in Section 8 of these Terms and Conditions.
You may begin an arbitration proceeding by sending a letter requesting arbitration to the Operator, Attn: Legal Department, Re: Arbitration, 13156 E. Lupine Ave, Scottsdale, AZ 85259. You agree that the arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.
The Operator will reimburse those fees for claims totaling less than $10,000, at your request. Any request for payment of fees by the Operator must be submitted by mail to the AAA along with your demand for arbitration. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, the Operator will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. If (a) you willfully fail to comply with the Dispute Notice requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse the Operator for all fees associated with the arbitration paid by the Operator on your behalf that you otherwise would be obligated to pay under the Rules.
You may choose to have the arbitration conducted by telephone, based on written submissions. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business), or in Maricopa County, Arizona, at your option.
In lieu of arbitration, either you or the Operator may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Claims or Disputes Must be Filed within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Dispute Notice first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
Severability. If any provision in this Section is held to be invalid, illegal or unenforceable in any respect under any applicable law in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or portion of any other provision in such jurisdiction and the remainder of these Terms and Conditions remain in full force and effect. The foregoing does not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms and Conditions.
30-Day Opt-out Period. You can choose not to be bound by this Arbitration Agreement by providing the Operator written notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms and Conditions for the first time. You must mail the Opt-Out Notice to Golf Travel, LLC, Attn: Legal Department, Re: Opt-Out Notice 13156 E. Lupine Ave, Scottsdale, AZ 85259.
The Opt-Out Notice must include your (a) first name, (b) last name (c) address, (d) phone number, and (e) email address(es). You must sign the Opt-Out Notice for it to be effective and it should state the following: “I wish to opt out of the arbitration provision contained in the Operator’s Terms and Conditions.” This procedure is the ONLY way to opt out of the Arbitration Agreement. In the event that you opt-out consistent with the procedure set forth above, all other terms contained herein shall continue to apply, including those related to Dispute Resolution, the applicable governing law and the court(s) in which legal disputes may be brought.
Amendments to this Section. Notwithstanding any provisions to the contrary, you and the Operator agree that if the Operator makes any future amendments to this Arbitration Agreement (other than a change to the Operator’s address), the Operator will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms and Conditions, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.