General Terms and Conditions of Sale

The services offered by the website www.golfservanes.com are provided by the company Golf Resorts Provence Sainte Baume S.A.R.L., a limited liability company with a share capital of 300,000 euros, located at Golf de la Sainte Baume, 2664 route de Brignoles, La Mouchouane, 83860 Nans-Les-Pins, France, registered with the Draguignan Trade and Companies Register under number 420 214 256.

1. Definitions

Customer(s): Refers to the person(s) wishing to sign up for and buy products via the website www.golfservanes.com. All customers acknowledge having read and accepted these terms and conditions of sale before placing an order, having the capacity to enter into a contract with golfservanes.com, being of age and not being under guardianship or partial guardianship.

Golf Club: Refers to Golf de Servanes

Services: Refers to the purchase of products or services related to the practice of golf available on the website www.golfservanes.com, which allows you continuous access to booking tee-off times and buying green fees online for the golf clubs under operation.

Website: Refers to the website www.golfservanes.com, created and operated by the company Golf Resorts Provence Sainte Baume S.A.R.L.

2. Purpose of the Terms and Conditions

The purpose of these Terms and Conditions, which are part of the specific booking conditions for Services described on the Website and form an indivisible whole with them, is to define the obligations of Golf Resorts Provence Sainte Baume and the Customer and the conditions for the provision of Services by Golf Resorts Provence Sainte Baume to Customers.

3. Services

Golf Resorts Provence Sainte Baume endeavours to illustrate the Services offered through the Website accurately and realistically. However, it is stipulated that the photos and illustrations related to the descriptions of Services are for illustrative purposes only and are not binding on Golf Resorts Provence Sainte Baume.

Access to the Services on the Website may exceptionally be closed, cancelled or amended, notably due to weather events or force majeure. Golf Resorts Provence Sainte Baume cannot be held liable for these cancellations and no compensation will be offered.

4. Acceptance of the Terms and Conditions

All Customers acknowledge having read and accepted these Terms and Conditions prior to ordering any Services. By confirming their booking, they are accepting these Terms and Conditions without reservation.

The Terms and Conditions apply to the exclusion of all other documents, clauses and indications to the contrary, subject to the provisions of internal regulations and the Golf Club’s own terms and conditions, which these Terms and Conditions do not contravene.

The applicable Terms and Conditions are those in force on the Website on the date of your order. You can save them or print them out if you wish. You can also get a copy by sending a written request to Golf Resorts Provence Sainte Baume’s head office.

Having particular regard to the extensions and improvements that may be made to the Service, Golf Resorts Provence Sainte Baume reserves the right to adapt, revise or change the scope of Services offered hereunder at any time. In this respect, the Terms and Conditions can be changed or revised at any time. These changes will be applicable to Services subscribed to after this change.

5. Green fee orders

Bookings and purchases made by the Customer are processed by an online booking and purchasing system available on the Website. These Terms and Conditions must be accepted before the order is placed.

The Customer confirms the truthfulness and accuracy of the information provided when placing the order, which is required for processing purposes. For the purposes of placing their order, Customers must confirm the truthfulness, completeness and compliance of the information provided to www.golfservanes.com. Www.golfservanes.com cannot be held liable, vis-à-vis the Golf Club or the Customer, for the potentially damaging consequences to the Customer of a false declaration, the Customer’s inability to demonstrate their status to the Golf Club or any data entry errors. In this situation, all costs incurred will be and will remain the Customer’s responsibility.

This information is needed by Golf Resorts Provence Sainte Baume to process your request. It is recorded in our customer file and the right to access and correct it may be exercised by simple request under the conditions defined in the present document, as per paragraph 11.

Acceptance of an order by www.golfservanes.com takes the form of an order confirmation sent to the email address provided by the Customer or, failing this, when payment is made online by credit card. Your credit or debit card is immediately charged.

In the event that Golf Resorts Provence Sainte Baume is forced to change or cancel a confirmed order due to an external event, Golf Resorts Provence Sainte Baume will inform the Customer by email, sent to the email address provided in the order. The amount paid will be refunded to the Customer in full.

Any Service interrupted, cut short or not redeemed by the Customer will not be eligible for a refund from Golf Resorts Provence Sainte Baume.

5.1. Cancelling a booking

Any green fee cancellation must be advised by the Customer by replying to the confirmation email. Cancellations cannot be made by contacting the Golf Club directly (either by phone or email). The only valid way to cancel is via the confirmation email.

Customers can cancel their green fee until tee-off time. After this time, the booking will be charged in full.

The booking is effectively cancelled when the Customer receives an email from www.golfservanes.com confirming the cancellation. The amount paid by the Customer for the order will then be refunded minus a 10% administration fee. If the Customer has booked more than one green fee at the same price, they will receive one green fee refund per booking every 24 hours.

5.2. No-show by the Customer/golfer

In the event of a no-show (booking not cancelled in the time frame specified on the Website and the Customer does not turn up on time for the booking), the amount paid for the order will be definitively acquired by Golf Resorts Provence Sainte Baume.

5.3. Late arrival of the Customer/golfer

The Customer must arrive at the Golf Club in sufficient time so as not to hinder its smooth running. In this respect, it is usual for the Customer to arrive 30 minutes before their reserved tee-off time.

If the Customer is going to be late, they should notify the Golf Club as soon as possible. The Golf Club will then make a concerted effort, with no obligation on its part, to find the Customer a new tee-off time. Golf Resorts Provence Sainte Baume can in no way be held liable for the Golf Club’s inability to make such an offer to the Customer.

6. Golf Club conditions of entry

The Customer must at all times comply with the internal regulations of the Golf Club they are in (including handicap, dress code and arriving in advance of tee-off time).

Golf Resorts Provence Sainte Baume can in no way be held liable for the playing conditions at the Golf Club (repairs to greens, bad weather, winter greens, etc.).

If these events result in a total or partial refund in accordance with the internal regulations in force at the Golf Club, the Customer can ask www.opengolfclub.com (at the following email address: webmaster@opengolfclub.com) for their order to be refunded in full or in part, subject to a written confirmation from the Golf Club of the refund conditions in force under their internal regulations.

7. Prices and offer validity period

Prices are shown in euros, including VAT at the rate in force on the day the order is placed. They include provision of the Services described in the order, excluding any additional paid services that might be offered by the Golf Club (meals, drinks, driving range, etc.) and transport costs.

Our prices are valid for as long as they remain online on the Website and may vary in real time. Golf Resorts Provence Sainte Baume reserves the right to change its prices at any time without notice.

The order confirmation email will show the price including VAT.

8. Payment method

Customers can pay for their order by credit or debit card (Visa, Eurocard or Mastercard) online on the Website via the MangoPay secure payment platform.

Golf Resorts Provence Sainte Baume reserves the right to refuse to honour an order from a Customer who has not settled a previous order in full or in part, or with whom a payment dispute is being resolved.

9. Force majeure

Force majeure refers to any unforeseeable, insurmountable event external to both parties that prevents either the Customer, www.golfservanes.com or the Golf Club from ensuring all or part of the obligations assumed. This includes but is not limited to strikes, uprisings, riots, bans issued by government or public authorities, bad weather and damage to the golf course by a third party. It is expressly agreed that force majeure releases both parties from fulfilling their reciprocal obligations and that each party will bear the resulting costs.

10. Right of withdrawal

The right of withdrawal is not applicable to the Service under Article L 121-20-4 of the French Consumer Code, which states: “the provisions of Articles L. 121-20 and L. 121-20-1 are not applicable to contracts whose purpose is the provision of leisure services that must be provided on a set date or at set intervals”.

11. The right to access and amend data

Pursuant to French law 78-17 of 6 January 1978 governing data processing, records and privacy, you can access your personal information held by Golf Resorts Provence Sainte Baume at any time and ask for it to be amended or deleted. To do this, simply email your request to webmaster@opengolfclub.com or write to us with your surname, first name, address and customer reference at the following address: Golf Resorts Provence Sainte Baume, Golf de la Sainte Baume, 2664 route de Brignoles, La Mouchouane, 83860 Nans-Les-Pins, France. For security reasons, you may be asked for a copy of your identity document at this point.

The information provided when you placed your order is needed by Golf Resorts Provence Sainte Baume to process your request. The only recipients of this information are www.golfservanes.com and the Golf Club involved with your order. By accepting these Terms and Conditions, you are accepting that we will transmit this information as part of your booking request.

It is recorded in our customer file and the right to access and correct it may be exercised under the conditions outlined above. You may receive promotional offers from our company for similar products and services to those you ordered.

Golf Resorts Provence Sainte Baume advises Customers that this information will be used by its internal departments and/or its branches to improve and personalise our communications, mainly through the sending of newsletters and special offers (great deals, golf news, competitions, etc.).

In addition, Golf Resorts Provence Sainte Baume reminds Customers that if they change their mind and no longer wish to receive these emails, they can unsubscribe directly at any time via the last email they received.

12. Liability

12.1 Golf Resorts Provence Sainte Baume assumes the obligation to implement the resources needed to provide the Services offered. To this end, Golf Resorts Provence Sainte Baume endeavours to make its Website permanently available. However, maintenance, security or other incidents on the telecommunication networks may lead to access being temporarily suspended or interrupted.

The security of telecommunication networks cannot be guaranteed by Golf Resorts Provence Sainte Baume, who cannot be held liable for the transmission of information, the consequences of a security failure or the reliability of the connection terminal used by the Customer. Golf Resorts Provence Sainte Baume cannot be held liable for any consequences resulting from a transmission error or data entry error by the Customer.

12.2 The Services offered on the Website comply with the French laws in force and standards applicable in France. The photographs, text, graphics, information and characteristics reproduced to illustrate the Services are not legally binding.

12.3 Golf Resorts Provence Sainte Baume can in no way be held liable for any indirect damage and in particular any business loss, moral injury or financial loss, including any loss of profits caused by, originating from or based on the use of Golf Resorts Provence Sainte Baume’s Services, arising in connection with access to or use of these Services by the Customer, failure to abide by the Terms and Conditions or Website conditions of use or its content, or any infringement of third-party rights.

Golf Resorts Provence Sainte Baume’s liability, whatever the cause or form of action, cannot be higher than the total amount of the Service paid for by the Customer.

13. Conditions of access to the Website www.golfservanes.com

All components of the Website (including domain names, overall structure, tree structure, text, trademarks, graphics, graphic charts, icons, logos, sounds, photos, animations, databases and the Website itself) are the property of Golf Resorts Provence Sainte Baume and their use requires legal permission.

The Website is therefore protected by national and international legislation pertaining to intellectual property rights, in particular those relating to trademark law and copyright. Consequently, any reproduction, representation, redistribution, use, distribution, copying, misrepresentation, transmission, adaptation, decompilation or translation, in whole or in part, on any electronic or other medium, now or in the future, is strictly forbidden without the prior express written consent of Golf Resorts Provence Sainte Baume.

Also, no rights or licences to any element of the Website will be assigned without the prior express written consent of Golf Resorts Provence Sainte Baume or the third party who holds the rights to these elements.

Breach of these rights attributed to Golf Resorts Provence Sainte Baume may constitute an act of counterfeiting, civil fault or infringement of image or individual rights, resulting in the offender being held civilly and criminally liable. This is particularly the case for images and photographs of people and places appearing on the Website, the property of Golf Resorts Provence Sainte Baume and/or used by Golf Resorts Provence Sainte Baume with the consent of the rights holder.

Likewise, the information databases are protected by the law, so that any extraction or attempted extraction of substantial quantitative or qualitative information, in whole or in part, may result in the offender being held civilly and criminally liable.

14. General provisions

If one or more clauses in the Terms and Conditions are considered to be invalid or declared as such pursuant to a law or regulation, or following a final court decision, the other clauses in the Terms and Conditions will remain in force to their full extent.

Records stored in Golf Resorts Provence Sainte Baume’s IT system constitute proof of any operations carried out by the Customer and are admissible as evidence of orders placed and information provided.

15. Governing law and disputes

These Terms and Conditions are subject to French law. Any dispute arising from these Terms and Conditions will come under the exclusive jurisdiction of the French courts.

GENERAL TERMS AND CONDITIONS OF SALE

Golf Resorts Provence Sainte Baume S.A.R.L with a share capital of €300,000 – Draguignan Trade and Companies Register 420 214 256 – intracommunity VAT number FR 31420214256

Head office: Golf de la Sainte Baume, 2664 route de Brignoles, La Mouchouane, 83860 Nans-Les-Pins, France

www.golfservanes.com

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