"UKSG" shall refer to UK Society Golf Limited.
"Golfers" means a collection of individuals who have come together to form a golfing society
"The Golf Course" refers to the person, firm, company or other body with whom or with which UKSG Contracts subject to these conditions
"Contract" refers to the Contract made or to be made between UKSG and the Golf Course subject to these conditions
"Services" means the introduction by UKSG of Golfers who wish to play on the golfing greens provided by the Golf Course.
"T Fees" means the published standard green fees payable for the use of the greens operated by the Golf Course.
UKSG will seek to introduce to the Golf Course through UKSG's website Golfers who wish to use the Golf Courses' greens
- CONDITIONS OF SERVICE APPLY
(a) UKSG's Conditions of Service shall apply to and govern any Contract between UKSG and the Golf Course to the exclusion of any condition contained on or in any order form letter, receipt acknowledgement, or other document emanating from the Golf Course and no variation of these Terms and Conditions shall be effective unless expressly agreed by both parties in writing.
(b) UKSG's agents are not authorised to make any representations concerning the Services unless confirmed by UKSG in writing. In entering into the Contract the Golf Course acknowledges that it does not rely on any such representations which are not so confirmed.
- DESCRIPTION
(a) The Golf Course shall offer a minimum 10% commission in respect of any of the Services.
(b) UKSG shall provide the Services on an agency basis by introducing Golfers to the Golf Course.
(c) The Golf Course shall indemnify UKSG against any claim arising in connection with the provision of the Services other than claims arising through UKSG'S negligence
(d) It shall be the responsibility of the Golf Course to immediately give UKSG information required to proceed with UKSG services and to ensure that the Golf Course's facilities and arrangements are sufficient and suitable for the purpose or purposes intended.
(e) UKSG reserves the right to make without notice to the Golf Course any improvement or alterations to the UKSG Services which it thinks reasonable or desirable and such improvements or alterations shall not affect the validity of the Contract.
- PRICE & PAYMENT
(a) Any quotation or estimate provided by UKSG to golfers whether written or oral, shall be deemed to be an invitation to treat and not an offer. The Golf Course will confirm or reject any request within seven days. Such confirmation, whether written or oral shall constitute an offer by The Golf Course and no acceptance shall be binding upon UKSG and no contract shall come into existence unless and until UKSG shall have accepted The Golf Course's offer in writing by dispatching an acknowledgment of order to The Golf Course.
(b) The price payable will be exclusive of VAT (unless expressly stated otherwise)
(c) UKSG shall forward all received deposits to the course each following Friday by cheque. Once the society has played the booked event UKSG will invoice the course based on the final numbers at the event. The course will then pay commissions due within 14 days.
(d) The balance of fees payable under a contract will be collected by The Golf Course from The golfers.
- ALTERNATIVE ARRANGEMENTS
(a) In the event that the Golf Course cancels or postpones the Services, for any reason, then it shall be the duty of the Golf Course (at their own expense) to provide acceptable, alternative arrangements for the Golfers of the Service as per the Courses' cancellation policy published on the individual UKSG Home Page. In The event that none of the dates The Golf Course is able to offer, in accordance with its cancellation policy, the contract shall be null and void.
(b) In the event of the Golfers' chosen date being unavailable (for whatever reason) then it shall be the duty of the Golf Course (at their own expense) to provide alternative arrangements for the Golfers in accordance with it's Terms and Conditions. In The event that none of the dates The Golf Course is able to offer, in accordance with it's cancellation policy, The contract shall be null and void
(c) In The event a visit under a contract is rearranged in accordance with clause 4(a) or 4(b) no additional commission shall be due to UKSG.
(d) In The event a contract becomes null and void in accordance with with clause 4(a) or 4(b) UKSG will either refund The Golfers deposit or hold it in credit against a future booking. Under no circumstances will The Golf Course accept responsibility to the golfer for any lost deposit.
- LIMITATION OF LIABILITY
(a) Except where UKSG's liability is for death or personal injury as a result of negligence in no event shall UKSG be liable for the following loss or damage howsoever caused and even if foreseeable or in the contemplation of the parties:
- (i) economic loss (which shall include loss of profits, business revenue, goodwill and collateral damage);
- Administrative and overhead costs;
- Damages in respect of special indirect or consequential loss or damage;
- Any claim made against UKSG by any other party, accept where attributable to UKSG's negligence.
(b) Save where UKSG is liable for death or personal injury, UKSG's entire liability shall in any event be limited to the value of the Deposit paid in respect of the specific T fees applicable to the delivery of that individual Service in question.
- CONSEQUENTIAL LOSS
Without prejudice to the generality of the foregoing provisions UKSG shall not in any event be liable to the Golf Course in Contract or tort or otherwise for any indirect or consequential loss or damage whenever or howsoever arising
- UKSG'S RIGHT OF RESCISSION & CONTRACT LENGTH
Any Contract UKSG has with the Golf Course shall be operational upon an order by order basis. Nothing in these terms and conditions shall imply any continuous relationship between UKSG and the Golf Course.
UKSG shall have the option (without prejudice to any of its other rights against the Golf Course) by notice in writing to the Golf Course to rescind any Contract between UKSG and the Golf Course in the following events: -
(a) Should any sum owing by the Golf Course to UKSG be overdue whether under the same or any other Contract, or
(b) Should the Golf Course be in breach of any term of the same or any other Contract with UKSG.
(c) The Golf Course shall not during The period of The agreement and for 12 months thereafter seek to directly or indirectly entice any employee or subcontractor of UKSG to leave or decline to work for UKSG.
- FORBEARANCE
No forbearance or indulgence by UKSG shown or granted to a Golf Course whether in respect of these terms and conditions or otherwise, shall in any way affect or prejudice the rights of either party against the other or be taken as a waiver of any of these standard conditions.
- FORCE MAJEURE
Neither party shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside it's control
- SEVERENCE
UKSG and the Golf Course agree that if any term of this Contract shall be adjudged by a Court of competent jurisdiction to be void or unenforceable but would be valid and enforceable if some part or parts thereof were deemed deleted or if it were deemed varied or modified in some way then such provision shall apply with such modification or variation as shall be necessary to make it valid and effective.
- HEADINGS
The numbers and headings in these conditions are for ease of reference only and do not form part of them for the purpose of constructions.
- ASSIGNMENT
(a) UKSG shall be entitled to assign sub-Contract or sub-let this Contract or any part thereof. Provided such assignment preserves The Golf Course's rights.
(b) The Golf Course shall not be entitled to assign this Contract
- PROMOTIONAL MATERIAL
No drawings, descriptive matter, issued by UKSG, nor the descriptions and illustrations contained in UKSG's publicity material or other professional material or details on the Website will form part of the Contract nor be regarded as a warranty or re Services relating to the Services.
- LAW
These terms and conditions are governed by and are to be construed in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.
- THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 is expressly excluded from this Contract.
