Terms and conditions of sale

Preamble

This website is run by GOTAL DELPIERRE COMPANY SA de CV. The electronic address of the service provider is info@golf-destination.com.

The website is hosted by the company OVH in France.

These general terms and conditions of sale apply to all orders placed with GOTAL DELPIERRE COMPANY SA de CV for all the services offered on the website www.golf-destination.com by non-trading natural persons. Consequently, any individual who places an order for a service on the GOTAL DELPIERRE COMPANY SA de CV website thereby accepts these general terms and conditions of sale entirely and in full. The client acknowledges having read these terms and conditions of sale prior to placing this order.
GOTAL DELPIERRE COMPANY SA de CV reserves the right to modify these general terms and conditions of sale at any time. Nevertheless, the general terms and conditions of sale applicable to the order placed by a client on the website www.golf-destination.com are those accepted by the client at the time the order is placed.

Article 1. Completeness

These general terms and conditions set out the full extent of the obligations of the parties. In this sense, the client is deemed to accept without reservation all the provisions laid down in these general terms and conditions of sale. GOTAL DELPIERRE COMPANY SA de CV undertakes, for its part, to abide by its role as an intermediary in the context of these terms and conditions. To this extent, the general terms and conditions apply to the exclusion of any other document, clause or indication to the contrary, subject however to the provisions of the rules and procedures and the specific general terms and conditions of different partners (golf clubs, hotels, transportation and tours) from which these terms and conditions do not derogate.

Article 2. Purpose

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the on-line sale of services offered by GOTAL DELPIERRE COMPANY SA de CV to the client, from the placing of the order to delivery, and including the payment and use of the services provided by GOTAL DELPIERRE COMPANY SA de CV.

Article 3. Definitions

Client(s): Refers to the non-trading individual who places an order for services via the website www.golf-destination.com.

THE COMPANY: Refers to GOTAL DELPIERRE COMPANY SA de CV.

Partner golf clubs: Refers to the entities running a golf course.

Partner hotels: Refers to the entities running an accommodation within a hotel.

Partner transportation and tours: Refers to the entity providing a service of transportation and tours.

Partners: Refers to all our partners (Partner golf clubs, Partner hotels, Partner transportation and tours)

Services: Refers to the services relating to the accomodations, transportation, tours and the practice of golf which are offered via the website www.golf-destination.com and grant constant access to the products and services of the partner golf clubs (such as on-line teeing-off bookings) and the sale of accommodations, transportation, tours or equipment services.

Website: Refers to the website www.golf-destination.com, created and run by GOTAL DELPIERRE COMPANY SA de CV. The website presents a guide to the golf courses of Puerto Vallarta (Mexico), and supplies offers of golf courses, accommodations, tours and transportation from different partners with which GOTAL DELPIERRE COMPANY SA de CV has concluded a partnership agreement enabling the client to benefit from certain preferential services. The website also contains advertisements and highlights special offers.

Article 4. Scope of Our Service

Through the website, THE COMPANY provides an online platform through which golf courses, transportation, tours and different types of temporary accommodations are promoted. By making a reservation through www.golf-destination.com, you enter into a direct (legally binding) contractual relationship with the partners. Therefore, we act solely as an intermediary between you and the providers, transmitting the details of your reservation to the relevant provider and sending you a confirmation email for and on behalf of the provider.

Article 5. Estimate and order

Estimate

The client requests an estimate for the offer of services using the form available on www.golf-destination.com. THE COMPANY then undertakes to provide its price quotation as quickly as possible via its e-mail address info@golf-destination.com.If the estimate is accepted, an order is placed.

Capacity to contract

All clients declare that:

– they are capable;

– they have not been placed under a temporary administrator or guardian appointed by the courts;

– they have not, in general terms, been obliged to relinquish the administration of their property;

– they have not to date been declared bankrupt;

– they have not submitted a request for debt mediation and have no intention of doing so;

– their identity complies which that which is stated on the order form.

THE COMPANY reserves the right to refuse any order from a client with whom there may exist a dispute, or with whom a dispute may come to light when an order is processed, in particular a dispute concerning payment.

Acceptance of the terms and conditions by the client

These terms and conditions may be read directly on the website www.golf-destination.com. They can also be sent to the client by e-mail simply upon request.

Ticking the box “I accept the general terms and conditions of sale” before making the secure payment constitutes irrevocable acceptance by the client.The client thereby acknowledges having read and understood these terms and conditions and accepts them.

Placing an order

Individual clients may place an order only with and via the website www.golf-destination.com, by internet, round the clock, seven days a week.

All bookings are subject to availability. Before a booking is taken, full details of your proposed trip will be advised to you. Once you have confirmed to us that you are happy with the proposal, we will send you a PayPal bill.

All orders constitute acceptance of the prices and description of the services offered, as well as acceptance of terms and conditions.

Confirmation of the order

In any case, the full payment and the final validation of the order by the client will constitute proof of the order. This validation constitutes the signature and acceptance of all the transactions effected on the website www.golf-destination.com. Once we get the payment, we will send you an email showing your personal booking confirmation number as well as all the details required for your stay, provided that the electronic address given on the registration form does not contain any errors.

The client must check that the information he provides for THE COMPANY is complete and correct. THE COMPANY may not be held liable for any data entry errors. THE COMPANY may not be held liable either in respect of partner hotels, golf clubs, transportation and tours,  or in respect of the client for any damaging consequences for the client of a wrongful declaration, the impossibility for the client of justifying his status in respect of partner hotels and golf clubs or for data entry errors. In this context, all costs incurred will be and will remain borne by the client.

Proof of the order

Computerised registers, kept in the computing systems of THE COMPANY in reasonable security conditions, will be considered proof of communications, orders and payments occurring between the parties.

Order forms and invoices are filed on a reliable and lasting medium which can be produced to provide proof.

Article 6. Information about the services

Characteristics of the services

THE COMPANY endeavours to illustrate accurately and realistically the services that are offered to you via the website. It is, however, stated that these photographs and illustrations associated with the descriptions of the services remain illustrative and are not enforceable upon THE COMPANY. The information, characteristics, photographs and graphics presented on the website are given for information purposes only and are mostly provided by the partners. In particular, the difference in perception of the shapes and colours between the photographs or graphics displayed and the products may not incur the liability of THE COMPANY. THE COMPANY will do its utmost to ensure that the photographic representation of the services and golf courses on the website www.golf-destination.com are as faithful as possible.

THE COMPANY will not incur any liability for any indirect damage suffered further to these general terms and conditions, including in particular operating losses, loss of profit, loss of opportunity, damage or costs which may arise further to an erroneous perception by the client of the services.

Availability of the services

THE COMPANY undertakes to honour the orders received only within the limits of the stocks available at its partners. Should the service or services not be available, THE COMPANY undertakes to inform the client of this as quickly as possible. THE COMPANY reserves the right to modify the characteristics of the service in particular on the basis of the constraints imposed by its partners. Certain services may exceptionally be withdrawn, cancelled or amended owing, in particular, to climatic events or cases of force majeure. This also applies when the minimum number of participants required for the activity is not attained or conversely, if there are no further places and/or products available. These cancellations may not incur the liability of THE COMPANY or give rise to any compensation whatsoever.

Should THE COMPANY be unable to obtain a service ordered from its partners, it will notify the client of this by e-mail. The client may then request the reimbursement of the sums paid and THE COMPANY will do its best efforts to recover and refund the balance as soon as THE COMPANY gets the money back from its providers, or the exchange of the service that is not available for another service, or the cancellation of the order. No cancellation fee will be applied for orders thus cancelled. No compensation for cancellation (apart from the reimbursement in full of the order) may be requested, such non-availability being the result of circumstances beyond the control of THE COMPANY.
THE COMPANY may not be held liable for the non-fulfilment of the contract concluded in the event of the non-availability of the service, force majeure, severe bad weather, total or partial disruption or strike and means of transport and/or communications, floods, fire.

Article 7. Prices

The final prices are given in US DOLLARS, including VAT at the rate in force on the day the order is placed. They include the provision of the services described in the order, to the exclusion of additional services for which a charge is made which may be offered by the partners (meals, refreshments) and transport costs (if not selected or included in the initial order). Payment for all additional services or services not expressly listed in the description of the order will be made directly to the partners or service provider concerned.
As the rates applied by the partners change constantly, the prices given on the website are liable to be modified at any time. Then, THE COMPANY reserves the right to increase these rates in the event of a fluctuation in exchange rates, fuel costs, taxes and other fees in effect. THE COMPANY also reserves the right to dicrease its rates in case of special promotions.

Article 8. Payment

The client shall pay for the orders on line via the secure payment platform PayPal. To pay for the service, the client needs a national bank card, Visa, MasterCard, American Express, Discover or a PayPal account. Payment can be made in different currencies, such as EUR or MXN$, at a rate that THE COMPANY would have chosen.

The data provided are encoded and forwarded directly to the PayPal payment establishment, without going through THE COMPANY. PayPal processes the payment and debits the client’s account.

Should the payment be refused for any reason whatsoever, the booking will be cancelled immediately.

THE COMPANY  reserves the right to refuse to make a delivery or honour an order placed by a client who may not have settled a previous order in full or in part or with whom there may be an unresolved payment dispute.

The order form which the client draws up on line or the confirmation of the order sent to the client via e-mail by THE COMPANY  is not an invoice. If requested by the client, an invoice can be sent.

THE COMPANY keeps an electronic copy of each PayPal invoice.

Specific payment conditions of the hotel partners

We recommend that you refer to each hotel payment conditions (on our website and on the hotels’ website) to check when the full payment has to be processed to be accepted. In any cases, a full payment is required at time of booking otherwise THE COMPANY reserves the right to cancel the booking without notice and apply the cancellation fee, without recourse by the customer.

Article 9. Amendment and Cancellation

No cancellation is registered by contacting the partners directly (by telephone or by e-mail); only cancellations effected via info@golf-destination.com are valid.

By making a reservation of an accommodation/tee times/transportation/tours, you accept and agree to the relevant cancellation policy of each partners, and to any additional (delivery) terms and conditions of the partner that may apply to your stay, including for services rendered and/or products offered by a partner (the delivery terms and conditions of a partner can be obtained with the relevant partner). THE COMPANY is not responsible for expenses incurred by the client in preparing for a cancelled trip (e.g., nonrefundable advance purchase air tickets, visa fees, inoculations, equipment, etc.) or for any additional arrangements should the client has embarked prior to the scheduled departure date.

9.1 Amendment and Cancellation by you

Any cancellation or amendment request must be sent to us in writing at info@golf-destination.com. No cancellation is registered by contacting the different partners directly (by telephone or by e-mail);

Amendment

If after our booking confirmation has been issued, you wish to change your travel arrangements in any way, we will do our best to assist you in amending your arrangements after booking, but cannot guarantee that this will be possible. Any request for changes must be in writing from the person who made the booking. You will be asked to pay administration charge and any further costs we incur in making those alterations.

We reserve the right to treat any amendment notified to us less than 9 weeks prior to the date of departure as a cancellation and in such circumstances, will require you to pay to us the cancellation charges.

In addition to amendment and cancellation charges that we apply, you will be responsible for any increased charges arising from changes to accommodation arrangements and/or room occupancy levels that you wish to make.

Cancellation

General

You (the person who did the reservation-same name and surname) may cancel your travel arrangements at any time. The cancellation will take effect from the date that we receive written notification of cancellation from you. We will accept notification of cancellation by email, on the understanding that you agree and accept that where you are shown as the sender of the email, we will be entitled to assume that such email has been sent by you. Booking cancellations may incur cancellation charges depending on how much notice you give us prior to the departure date (see each hotels (terms and conditions). Cancellation charges are likely to increase the closer to departure date that the cancellation is made and may well be up to 100% of the total price of your booking. There will be a cancellation fee of 10% of the total amount, to which you have to add our partners’ cancellation fees.

In all cases, where cancellation results in us making a refund payment to you, GOTAL DELPIERRE COMPANY SA de CV will do its utmost to reimburse the client within a period of 30 days.

Hotel

We recommend that you read the cancellation of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

Golf

Should the order be cancelled for a reason other than a case of force majeure, no reimbursement of the service ordered will be invoiced.

Transportation and tours

Cancellation made:

  • 72h or more before the scheduled departure will be refunded completely
  • 71-48 hours before the scheduled departure will be charged 50% of total amount
  • 47-24hours before the scheduled departure will be charged 75% of total amount
  • 23-0hours before the scheduled departure will be charged 100%

9.2. Cancellation by us

In order to inform the clients of any modifications of the booking, THE COMPANY will take note of the e-mail address and the telephone number of the client. Clients who do not provide a telephone number run the risk that it may not be possible to contact them to inform them of any modifications to the characteristics made by the partners.

In any case, THE COMPANY may not be held liable for any modification and/or a cancellation imposed by its partners, which shall remain solely liable for this. Therefore, the client should refer to each of our partners’ policy.

Article 10. Force majeure and bad weather

Force majeure is understood to mean

All compelling events or circumstances external to the parties, unforeseeable, inevitable, beyond the control of the parties and which may not be prevented by the latter, despite all reasonably possible efforts, shall be considered unforeseen circumstances or cases of force majeure.

This is the case in particular in the event of war, threat of war, riot, civil disturbance or strife, terrorist activity (actual or threatened), industrial disputes, technical or maintenance problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, earthquake, drought, adverse weather conditions, levels of water in rivers, acts of god, closure of airports, changes of schedules or operational decisions of transport providers.

THE COMPANY would, then, refer to each of its partners’ policy and will not be liable or responsible for the collection, withholding resulting from force majeur costs. In addition, THE COMPANY does not guarantee recovery of any or all of the advance payments made, and our use of best efforts to recover these payments will not include the institution of any legal proceedings in foreign jurisdictions.

Article 11. Liabilities.

  • THE COMPANY enters into a best-effort undertaking with regard to the services proposed. To this end, THE COMPANY endeavours to ensure that its website is permanently available. However, for reasons of maintenance from the web host OVH France, security or due to an incident on the telecommunication networks, access may be temporarily suspended or interrupted.

A warning of this interruption will be posted on the website home page or given by any other means. Such an interruption, suspension or temporary closure of the website may not under any circumstances incur the liability of THE COMPANY and does not give the right to any compensation.

The operating security of the telecommunication networks cannot be guaranteed by THE COMPANY, which may not be held liable as regards the transmission of information or consequences resulting from a lack of security or reliability of a connection terminal used by the client. THE COMPANY may not be held liable for all the consequences which may result from a transmission or handling error on the part of the client.

  • The client acknowledges and accepts that THE COMPANY may not be held liable for any loss or damage which may arise when fulfilling the order on the site of the partners (golf courses, hotels, transportation and tours), as the service is provided directly between the partners and the client, beyond the control of THE COMPANY.

The partners act in their name and bear sole responsibility for its relations with its staff and its clients and, in general, the client having placed an order in application of these general terms and conditions. In any case, THE COMPANY remains a professional entity independent of the partner golf clubs/hotels/transportation&tours, assuming only the risks of its own operation and liability for its commitments.

The partners are therefore solely liable for the safety of property and people within their premises. Should an event occur that affects the person or property of the client (theft, fire, maintenance, etc.) on the premises of the partners, THE COMPANY may not be held liable, as the partners are independent traders who retain their civil and criminal liability.

These general terms and conditions do not derogate from the provisions of the rules and procedures and the general terms and conditions of the partners, which apply, as the client acknowledges, to the provision of the services subscribed to on the site of the partners.

  • Specific liabilities regarding golf clubs

THE COMPANY may not, in particular and under any circumstances, be held liable for the playing conditions on the sites of the partner golf clubs (courses under repair, bad weather, etc).

The booking contract proposed by THE COMPANY is concluded on behalf of the partner golf club running the course chosen by the client. The partner golf club therefore bears sole liability for the conditions in which the course is provided for the client and his possible reimbursement. THE COMPANY will not be able to reimburse the booking in any way.

Should the course be undergoing maintenance, THE COMPANY will not be liable for any inconvenience or modification of the course which the Client may encounter. The general terms and conditions of the partner golf club may include specific provisions in this respect, the application of which the client may claim solely from the partner golf club.

  • Specific liabilities regarding hotels

The booking contract proposed by THE COMPANY is concluded on behalf of the partner hotel chosen by the client. The partner hotel therefore bears sole liability for the conditions in which the hotel is provided for the client and his possible reimbursement. THE COMPANY will not be able to reimburse the booking in any way.

Should the hotel be undergoing maintenance, THE COMPANY will not be liable for any inconvenience which the client may encounter. The general terms and conditions of the partner hotel include specific provisions in this respect, the application of which the client may claim solely from the partner hotel.

  • Specific liabilities regarding transportation & tours

The booking contract proposed by THE COMPANY is concluded on behalf of the partner transportation & tours chosen by the client. The transportation & tours therefore bears sole liability for the conditions in which the transportation/tours is provided for the client and his possible reimbursement. THE COMPANY will not be able to reimburse the booking in any way.

THE COMPANY will not be liable for any inconvenience which the client may encounter. The general terms and conditions of the partner transportation & tours include specific provisions in this respect, the application of which the client may claim solely from the partner transportation & tours.

  • Hypertext links may refer to websites other than this website. THE COMPANY refuses all liability should the content of these websites contravene the legal and statutory provisions in force.
  • Under no circumstances may the liability of THE COMPANY be incurred for direct or indirect damage and in particular any commercial, moral and financial harm, including any loss of profit, the cause, origin or foundation of which may be the use of the services provided by THE COMPANY, incurred by the client or the partners when accessing or using the services, failure to comply with the general terms and conditions and the terms and conditions of use of the website or its content and any infringement of the rights of third parties.

The liability of THE COMPANY, whatever the cause or form of the action, may not be higher than the

total amount of the services paid by the client.

11.1. No-show and late arrival (and early departure for hotel partners)

General

In the event of a no-show (booking not cancelled within the periods indicated on the website) and late arrival (client not present at the time of the service was suposed to start), we no reimbursement of the service ordered will be refund, according to each providers’ policies.

Hotel

We recommend that you refer to each hotel payment conditions (on our website and on the hotels’ website) to check when the full payment has to be processed to be accepted. In any cases, No shows will be charged 100% of the total amount.

Golf

Should the client arrive late, THE COMPANY may not, under any circumstances, be held liable should it prove impossible for the partner golf club to provide the service ordered. In any cases, No shows will be charged 100% of the total amount.

Transportation and tours

No shows will be charged 100% of the total amount.

11.2. Partner hotels and rules & procedures

All special requests such as location of rooms, bedding, etc. must be made at time of the reservation. THE COMPANY will send your preferences to the hotel but will not guarantee that they will be confirmed. THE COMPANY cannot be held responsible if certain requests or services are not properly provided or met.

The client shall comply at all times with the rules and procedures in force at the partner hotel at which he has placed his order and to which he goes.

11.3. Partner golf clubs and rules & procedures

The client shall comply at all times with the rules and procedures in force at the partner golf club at which he has placed his order and to which he goes (including in particular licence, dress code, arrival time before teeing off, that is, according to customary practices, 30 minutes beforehand).

THE COMPANY cannot be held responsible if certain requests or services are not properly provided or met.

11.4 Partner transportation and tours rules & procedures

The client shall comply at all times with the rules and procedures in force at the partner hotel at which he has placed his order and to which he goes.

THE COMPANY cannot be held responsible if certain requests or services are not properly provided or met.

Article 12. Insurance

We recommend that all participants obtain a short-term traveler’s insurance policy covering baggage, accident/life and trip cancellation. Trip cancellation insurance reimburses you for nonrefundable air and land costs should you have to cancel the trip due to personal or family illness.
It also covers the cost of emergency evacuation from remote areas. It is your responsibility to ensure yourself.

Article 13. Nominative data

The client has at all times the right to access, modify, correct and delete data concerning him via the electronic address info@golf-destination.com.

Personal information relating to bookings is also transmitted to the partners concerned for the fulfilment of the contract. Information relating to payment is transmitted exclusively by PayPal. The client will also exercise his right to of access, modification and deletion with the partners, by contacting the latter directly.

THE COMPANY will in particular use the electronic address of its users to send out its newsletter, unless the box refusing the newsletter is ticked on the on-line order form.

The user may also use the link at the bottom of the newsletter page intended for the purpose of unsubscribing at any time.

Article 14. Intellectual property

All the elements that constitute the website (in particular the domain names, its general structure, the website tree structure, the texts, the registered trademarks, graphics, graphic charter, iconography, logos, sounds, photos, animations and databases, as well as the website itself) are, with the exception of the elements from our partners, the property of THE COMPANY or are covered by a legal authorisation for use.

The website is consequently protected by national and international legislation on intellectual property law, including in particular that concerning trademark law and copyright law. Consequently, any reproduction or representation or retransmission or use or distribution or copying or denaturation or transmission or adaptation or decompiling or translation, in whole or in part, on any medium, whether electronic or not, present or future, is forbidden without the written, express and prior authorisation of THE COMPANY.

Similarly, no right or licence may be granted as regards any of the website elements without the prior, written authorisation of THE COMPANY or of third parties who hold the rights to these elements.

The infringement of the rights devolved upon THE COMPANY is likely to constitute an act of forgery, a private wrong, an attack on the right to the image and on the rights of individuals, engaging the civil and criminal liability of any offender. This applies in particular as regards images or photographs of individuals or places contained on the website, which are the propriety of THE COMPANY and/or are used by THE COMPANY with the consent of the holders of the rights.

Similarly, the information databases are protected by law, such that any extraction or attempted extraction which may be substantial in quantitative or qualitative terms, whether total or partial, is likely to give rise to civil and criminal liability on the part of any offender.

Article 15. Integrality of the terms and conditions

A change in the legislation or regulations or a decision by the courts rendering one or more of the clauses of these general terms and conditions of sale null and void shall not affect the validity of these general terms and conditions of sale. Such a change or finding may not under any circumstances permit the client not to observe these general terms and conditions of sale.

Should one of the terms and condition not have been expressly mentioned, it would be considered to be governed by the customary practices in force in the distance selling sector for companies having their registered offices in Mexico.

Relations between THE COMPANY and the client are governed exclusively by these terms and conditions, to the exclusion of any other terms and conditions contained on the website of the different partners.

Article 16. Duration and application

These terms and conditions apply throughout the period covered by the services offered on line by THE COMPANY. They may be modified at any time. The applicable terms and conditions are those in force on the date on which the order is registered.

Article 17. Territoriality and applicable law

Any disputes relating to the existence, interpretation, fulfilment or breach of the contract concluded between THE COMPANY and the client, even if there are multiple defendants will, in the absence of an out-of-court settlement, fall within the exclusive jurisdiction of the courts Jalisco.