Terms and Conditions of Sale

THESE TERMS & CONDITIONS (the “Terms”), in conjunction with your Trip Program & Booking website link provided by Agent (the “Trip Program & Booking”), will govern the relationship between Best Golf Trips (the “Agent”) and you (the “customer”), and anyone for whom you are paying or permit to be on the premises of any of the travel services booked through the Agent (“others on the Booking”).

The Travel Services Booked

Agent books the travel services on behalf of customer and others on the Booking and all obligations and liabilities with respect to the travel services are those of customer and others on the Booking.  The travel services booked for customer and others on the Booking will be set out on the Trip Program & Booking.

 

Obligations and Recommendations of the Agent

Agent will source travel services based on the information provided by customer for use by customer and others on the Booking.

Agent books travel services on behalf of customer and others on the Booking and customer and others on the Booking accept the terms and conditions of each travel supplier.  A link to each travel supplier’s website, on which further details can be found, is provided on the Trip Program & Booking.

Agent strongly recommends that customer and others on the Booking, purchase travel insurance, including trip cancelation, trip interruption, baggage and medical coverage.

 

Obligations & Acknowledgements of the Customer

Customer confirms being at least 18 years old and legally capable of requesting Agent make a booking for the travel services for customer and others on the Booking.

Customer and others on the Booking must review and verify all details set out on the Booking, all itineraries and invoices upon receipt from Agent and must immediately advise Agent of any errors or omissions.

Customer shall provide a copy of these Terms and any changes to these Terms to others on the Booking before asking Agent to make a booking for any travel services.

Customer acknowledges that customer and others on the Booking have received and reviewed the Trip Program & Booking.

Customer and others on the Booking acknowledges that Agent books travel services on behalf of customer and others on the Booking and customer and others on the Booking accept the terms and conditions of each travel supplier.  A link to each travel supplier’s website, on which further details can be found, is provided on the Trip Program & Booking.

Customer acknowledges that Agent has recommended that customer buy travel insurance and customer confirms that customer has advised others on the Booking of that recommendation to buy travel insurance.  Customer acknowledges that some countries will refuse entry if customer or others on the Booking do not have proof of travel insurance including medical coverage.

Customer and others on the Booking, are responsible for ensuring that they have all necessary travel documentation, including a passport (valid until 6 months after the expected return date), visas, parental consents to travel with minors required by any destination to which they are travelling or through which they will transit and pardons with respect to any criminal conviction.

Customer and others on the Booking, acknowledges that even with possession of the required documentation and information s/he may be refused entry into a country at either the point of departure or arrival.

Customer and others on the Booking acknowledges that the destination(s) to which they are travelling may have living standards and practices and standards and conditions with respect to the provision of utilities, services and accommodation, that may differ from what they are used to at home.

Customer and others on the Booking shall be responsible for complying with all customs, rules and procedures of the travel supplier and failure to comply with all such travel supplier customs, rules and procedures may result in customer or others on the Booking being removed from the premises, refused future use of the travel services, and having future components of their trip cancelled. In this case, no refunds will be issued.

If, as a result of Customer and others on the Booking failing to comply with travel supplier customs, rules and procedures, the travel supplier has to compensate its other guests, the total amount of compensation will be charged to the customer and others on the Booking by the travel supplier, or by The Agent.

Customer and others on the Booking acknowledge that they are travelling as a travel group. If customer and others on the Booking within a travel group are failing to comply with all customs and procedures of the travel supplier, and are subsequently removed from the premises, refused future use of the travel services, and have future components of their trip cancelled, this removal from the premises and refusal of travel services may be extended to to the entire travel group at the sole discretion of the travel supplier and Agent. In this case no refunds will be issued.

Customer shall be responsible for notifying Agent of any special requirements regarding the travel arrangements, including the type of seating/accommodation required and dietary requirements of customer and others on the Booking, at the time of making the Booking.  Agent will make travel suppliers aware of such requests and customer shall be responsible for any additional costs for such requests, however Agent shall not be responsible for any failure by the travel suppliers to provide such services.

If customer and others on the booking cause damage to a travel supplier (vacation home, accommodation, golf, transportation, dining, and others), the credit card(s) of the customer and others on the booking will be processed the amount deemed appropriate by the Agent and the travel supplier, to repair the damages. This amount will be processed by the Agent directly. If the Agent is unable to process the required amount on the credit card(s) of the customer and others on the booking, a claim will be made in the courts of Ontario.

If customer and others on the booking leave a travel supplier (vacation home, accommodation, golf, transportation, dining, and others) with an excessive cleaning bill as a result of the customer and others on the booking use of their travel services, the credit card(s) of the customer and others on the booking will be processed the amount deemed appropriate by the Agent and the travel supplier. This amount will be processed by the Agent directly. If the Agent is unable to process the required amount on the credit card(s) of the customer and others on the booking, a claim will be made in the courts of Ontario.

Customer and others on the Booking shall behave in a civilized manner and shall be good neighbours/guests respecting the rights of the surrounding neighbours/guests. Customer and others on the Booking shall not create noise or disturbances likely to disturb or annoy the surrounding neighbours/guests. Creating a disturbance of the above nature may be ground for removal from the premises, refused future use of the travel services, having future components of their trip cancelled, amongst other remediation consequences. This removal from the premises and refusal of travel services may be extended to the entire travel group at the sole discretion of the travel supplier and Agent. In this case no refunds will be issued.

Customer and others on the Booking expressly acknowledge and agree that the Trip Program and Booking are for transient occupancy of any accommodations/services provided in the Trip Program & Booking and that theCustomer and others on the Booking do not intend to make any property in the Trip Program & Booking a residence or household, nor will any property in the Trip Program & Booking be used for commercial purposes.

Customer and others on the Booking agree that firearms, fireworks, and other hazardous materials shall not be present on and shall not be used in or around any of the services/properties in the Trip Program & Booking.

Customer and others on the Booking are responsible and liable for their own acts and omissions for anything related to the Trip Program & Booking. For example, the Customer and others on the Booking are responsible for a) leaving an accommodation (and any related personal property) in the condition that it was when they arrived; b) paying all reasonable amounts for damage claims as determined by the travel supplier and the Agent; c) paying all reasonable amounts for excessive cleaning claims as determined by the travel supplier and the Agent d) acting with integrity, treating others with respect, and complying with applicable laws at all times.

Agent shall not be liable for any damage or loss suffered by customer or others on the Booking, including the inability to use any of the travel services, as a result of failing to comply with any of the obligations in this section.

 

Price of Travel Services

Prices quoted by Agent for travel services are based on information provided to it by travel suppliers, include all applicable taxes.  Prices quoted by Agent do not include any departure tax charged by a country/state/province included on the Booking.

 

Payment for Travel Services

Customer is responsible for payment of all travel services booked for customer and others on the Booking.

Customer and the others on the Booking, represents to Agent that customer has the authority to use any credit card the details of which customer provides to Agent without presenting the actual card to Agent.  Customer authorizes Agent to use any credit card the details of which customer provides to Agent to pay for travel services for customer and/or others on the Booking and to make those payments to Agent or a travel service supplier as directed by the Agent.  Customer and others on the Booking agrees not to make a claim for chargeback on any credit card the details of which customer provides to Agent.

 

Payment Schedule, Cancellation Policy and Booking Transfers

Each booking has its own payment schedule and cancellation policy, as detailed on the Trip Program & Booking, all of which is considered a part of these Terms and are binding on customer and others on the booking.

A Booking is not transferable unless authorized by Agent.

Customer must make any change or cancel a booking for customer or others on the Booking, with Agent and not with a travel supplier.

All refunds are subject to a 3% transaction fee.

 

Privacy

Agent shall comply with the provisions of the Personal Information Protection and Electronic Documents Act and any other applicable privacy laws in its handling of private information.  In particular it will:

1. Protect personal information held by it.
2. Identify the purpose of its collection and how it will be used.
3. Use the information collected only for the stated purpose.
4. Ensure that the information is accurate, complete and up to date.
5. Protect the information against loss or theft.
6. Report the theft of any information and notify the individual of all breaches where a “real risk of significant harm” to the individual is possible.

 

Change or Cancellation by Travel Services Supplier

The travel services are typically sold well in advance of travel dates and in very rare instances, they are modified or not available.  Most often changes to the travel services will be minor, however a travel supplier may make a more significant change, for example a change of time of departure or return by more than 24 hours; change of the standard of the accommodation; change of route requiring other identification or documentation when there is insufficient time to meet these requirements before departure; or an error in price.  In these circumstances the rights of customer and others on the Booking, shall be governed by the terms and conditions of the travel supplier and these Terms.

 

Indemnification by Customer

Customer and others on the Booking acknowledge that many activities carry inherent risks and agree to assume the entire risk arising out of use and access to any travel services provided for in the Trip Program & Booking, including any other interactions that may be had with other neighbours/guests/individuals whether in person or online.

Customer undertakes and agrees to defend and indemnify Agent and hold Agent harmless, at customer’s sole expense, from and against all claims, demands, suits, losses, costs, damages, and expenses that Agent may sustain or incur by reason of:

(a) any breach of these Terms by customer or others on the Booking;

(b) anything stated by customer to others on the Booking that is contrary to any of these Terms or the terms and conditions of any travel supplier;

(c) a claim, demand or suit, etc. made by any of the suppliers of travel services for damages caused by customer or any one or more of the others on the Booking;

(d) a claim, demand, suit, etc. made by one or more of the others on the Booking;

(e) any and all claims of any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from use of any of the travel services, regardless of the nature of the accident, injury, or loss. Customer expressly recognize that any insurance policies held by the Agent or the Agent’s suppliers does not cover the personal property of the Customer or others on the Booking; and

(f) a claim by a credit card company or other third party dealt with by Agent in relation to the booking of travel services for customer or others on the Booking, including any charge back request by others on the Booking or credit card issuer.

 

Sale of Golf Trips Prior to Confirmation of Trip / Prior to Finalization of Trip Details

Best Golf Trips (the Agent) offers golf trips for sale, some of which may be sold before final confirmation of the trip, or before securing/finalizing the trip arrangements. By purchasing such a trip, the customer acknowledges and agrees that:

(a) No Guarantee of Confirmation: The trip is subject to confirmation, and Best Golf Trips does not guarantee that the trip will be confirmed or proceed as originally proposed.

(b) Possible Modifications: In the event that the trip is confirmed, it may differ from the initial proposal in terms of dates, locations, accommodations, costs, or other details.

(c) The customer agrees to indemnify, defend, and hold harmless Best Golf Trips, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with:

(i) Non-Confirmation of Trip: The trip not being confirmed or proceeding as originally proposed.

(ii) Modifications to Trip: Any changes to the trip’s details, including but not limited to dates, locations, accommodations, costs, or activities.

(iii) Customer’s Actions: Any acts or omissions by the customer that may cause harm or liability to Best Golf Trips or third parties during the trip.

This indemnification obligation shall survive the termination or completion of the trip and shall remain in full force and effect.

 

Acknowledgment of Risk and Responsibility

The customer acknowledges that:

(a) Inherent Risks: Participation in golf trips involves inherent risks, including but not limited to travel disruptions, health risks, and other unforeseen events.

(b) Responsibility for Personal Well-being: The customer is responsible for their own well-being and agrees to take all necessary precautions during the trip.

 

Limitation of Liability

To the fullest extent permitted by law, Best Golf Trip’s liability for any claim arising out of or in connection with the trip shall be limited to the amount paid by the customer for the trip. In no event shall Best Golf Trips be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits or business opportunities.

 

Changes to these Terms

Agent may make changes to these Terms from time to time and all changes shall be binding on customer and others on the Booking from the date on which the change is brought to customer’s attention.

 

Agent Responsibility

Agent arranges travel services with independent third parties, such as transfer companies, baggage handlers, golf courses and other independent suppliers to provide customer and others on the Booking, with the travel services purchased. Agent exercises care in selecting these independent suppliers and pays particular attention to their reputation and reliability. However, Agent does not control these independent suppliers and cannot be held responsible for their performance or lack thereof.

Agent is not responsible for any injury, loss or damage whether mental, emotional or physical howsoever sustained, resulting or arising from any error, omission or negligence of any company or person, agent, employee or sub-contractor supplying any of these travel services.

Agent is not responsible for consequential damages or special damages suffered by customer or others on the Booking, even in circumstances in which Agent is aware of the reason customer or others on the Booking are using the travel services, including circumstances in which customer or others on the Booking arrive at a destination later than expected and/or are unable to use any travel services on the Trip Program & Booking, whether the travel service is included in the price of the Trip Program & Booking or not.

Neither customer nor others on the Booking shall have any claim against Agent by reason of customer or others on the Booking failing to purchase travel insurance or because customer failed to advise others on the Booking to purchase travel insurance.

Neither customer nor others on the Booking shall have any claim against Agent by reason of customer or others on the Booking being removed from any premises or being prevented from any future use of a travel service due to a failure by customer or others on the Booking to comply with all customs, rules and procedures of a travel supplier.

 

Limitation of Agent Liability

Agent’s liability for any loss, damage or injury, whether to property, physical or mental, arising from its own acts, omissions or negligence, is limited to the amount paid directly to Agent by customer or any one of others on the Booking, in relation to which any claim by customer or any one of others on the Booking, is made.

 

Force Majeure

In no event shall Agent be liable for any failure to perform Agent’s obligations or delay in performing Agent’s obligations where such failure or delay is due to events beyond Agent’s control which prevents the performance of Agent’s obligations, including  without limitation, nuclear or environmental catastrophes; natural disasters and extreme weather conditions; war, invasion, or similar hostilities; rebellion, revolution, insurrection; riots or civil unrest; strikes, lockouts and labour action; acts or threats of terrorism; epidemic, pandemic, or spread of disease; Acts of State or governmental restrictions; and loss or prolonged interruption of necessary utilities, communications or computer services.

Where a force majeure event has occurred, performance of Agent’s obligations shall be suspended for the duration of the force majeure event, and Agent shall perform Agent’s obligations only when it is possible to do so.

Customer acknowledges that Agent, on behalf of customer and others on the Booking, will forward funds to independent third party travel suppliers, and that once forwarded, these funds may not be recovered and/or refunded.

Customer acknowledges that Agent, on behalf of customer and others on the Booking, may be required to forward funds to independent third party travel suppliers prior to trip date.  Once forwarded, these funds may not be recovered and/or refunded.

In any event, the liability of Agent arising out of force majeure event shall not exceed amounts paid directly by the customer or any one of the others on the Booking, to Agent, and Agent shall not be liable for any consequential or indirect damages or legal costs incurred by any party.

 

General Provisions

NOTICE: Notice may be provided either in writing, to the last address provided by the customer/Agent, delivered by hand, or by email or other electronic method, in which case it will be effective only when it acknowledged by the other party.

PARTIAL VALIDITY: If any provisions of these Terms are held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner.

MODIFICATION: These Terms may be modified by Agent at any time.

LAW GOVERNING TERMS: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario.

FORUM FOR DISPUTES: Customer and Agent agree that the courts of Ontario shall have exclusive jurisdiction over the resolution of any dispute, controversy or claim arising out of or in relation to these Terms.

COMPLETE UNDERSTANDING: These Terms in conjunction with your Trip Program & Booking represent the complete understanding of the customer/Agent with respect to the booking of travel arrangements and specifically exclude any representation made that is not included in these Terms or Trip Program & Booking.

WAIVER: No waiver of any provision(s) of these Terms shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.

If you have any questions regarding your booking, please contact Best Golf Trips directly.

1-866-469-1809
info@bestgolftrips.ca