Terms & Conditions
Golfing to You Terms & Conditions of Hire Agreement
BACKGROUND:
These Terms and Conditions are the standard terms which apply:
A) To the hire of Golf equipment by Golfing to You, a sole trader whose main trading address is 1 Boghall Farm Steadings Bathgate, EH48 1LQ
B) where You are hiring Golf equipment as a “Consumer” as defined in Clause 1 of these Terms and Conditions.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
| “Golf equipment insurance” | means a fee paid by You which covers any accidental damage to Golf equipment that would otherwise incur charges, as explained in Clause 8; |
| “Business” | means any business, trade, craft, or profession carried on by You or any other person/organisation; |
| “Business Day” | means, any day other than a Saturday, Sunday or bank holiday; |
| “Calendar Day” | means any day of the year; |
| “Consumer” | means a “Consumer” as defined by the Consumer Rights Act 2015, that is to say an individual who hires Golf Equipment for his/her personal use and for purposes wholly or mainly outside the purposes of any Business; |
| “Contract” | means the contract for the hire of the Golf equipment by You from Us, as explained in Clause 3; |
| “Deposit” | means the sum payable at the time of Your Order that is required to secure your Order; |
| “Golf equipment” | means Golf clubs set and any accessories provided as per the order, supplied by Us and hired by You subject to these Terms and Conditions; |
| “Hire Period” | means the period for which You will hire the Golf equipment; |
| “Month” | means a calendar month; |
| “Price” | means the total price payable for the hire of the Golf equipment |
| “Order” | means Your order for the Golf equipment; |
| “Order Confirmation” | means Our acceptance and confirmation of Your Order as described in Clause 3; |
| “We/Us/Our” | means Golfing to You a sole trader, whose registered address is 1 Boghall Farm Steadings Bathgate, EH48 1LQ |
| “You” | means you, the hirer of the Golf equipment. |
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
1.2 Each reference the singular number shall include the plural and vice versa where appropriate.
2. Information About Us
2.1 Golfing to You, a sole trader whose main trading address is 1 Boghall Farm Steadings Bathgate, EH48 1LQ
3. The Contract
3.1 These Terms and Conditions govern the hire of Golf equipment from Us and will form the basis of the Contract between Us and You. Before completing Your Order, please ensure that You have read these Terms and Conditions carefully. If You are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation, and Your payment of the Order. Order Confirmations will be provided in writing once date, time and location has been agreed payment has been accepted. We will send confirmation by e-mail, text message, fax or other means.
4. Golf equipment Details
4.1 We use all reasonable endeavours to ensure that Golf equipment is regularly cleaned and checked for any faults. We will replace as necessary.
4.2 We will provide you with Golf equipment specified on your order form to our best ability and where items are unavailable we will provide Golf equipment with similar specification
5. Your Order and Rules of Hire
5.1 When making Your Order, You will be required to supply the following information:
5.1.1 Full Name;
5.1.2 Email;
5.1.3 Phone;
5.1.4 Mobile Phone;
5.1.5 Home Address;
5.1.6 City;
5.1.7 Country;
5.1.8 County;
5.1.9 Postal code;
5.1.10 Name of Hotel or Accommodation;
5.1.11 Delivery Address;
5.1.12 Delivery Postcode;
5.1.13 Delivery Time;
5.1.14 Collection Time
6. Hire Period
6.1 The Hire Period shall be chosen in Your Order and confirmed in Our Order Confirmation.
6.2 Unless it is expressly stated otherwise, the Hire Period begins at time of delivery by Us to You on the first day of the Hire period as stated in the order confirmation and ends when We collect the equipment from You on the final day of the Hire Period as stated in the order confirmation.
6.3 Unless We expressly agree otherwise (and confirm that agreement in writing), no Hire Period may exceed 2.
6.4 You may extend the Hire Period by contacting Us via telephone or email and only if the clubs are available for this period. Extended Hire Periods shall be charged at 100% of our normal extra day rate (subject to availability).
7. Fees and Payment
7.1 When placing Your Order, You will be required to pay 25% deposit OR full amount of the total Price to secure your Order.
7.1.1 If Deposit paid, Remainder must be paid up to 10 days before the start of the Hire Period.
7.2 The Price for the Golf equipment will be that shown in Our price list current at the time of Your Order.
7.3 All equipment hired with Golfing to You will be transacted with a valid credit/debit card through our secure payment gateway.
7.3.1 You agree for Golfing to You to charge your credit card for any amounts due as per your online booking for the entire hire period and by accepting this agreement you authorise Golfing to You to make this charge.
7.3.2 In addition, by accepting this agreement you authorise Golfing to You to charge your credit card for any lost, broken, stolen and non-returned equipment payable under these terms and conditions.
7.4 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. Orders placed during such a period will be accepted at the special price even if We do not accept the Order until after the period has expired.
8. Cancellation
8.1 You may cancel Your Order at any time before the start of the Hire Period by emailing [email protected], subject to the following:
8.1.1 For Orders cancelled more than 12 weeks before the start of the HirePeriod, you will be credited to a full refund.
8.1.2 For Orders cancelled less than 12 weeks before the start of the Hire Period, We will charge £10 per set and refund you the balance of the total order.
8.2 We may, at Our sole discretion, reduce or waive any of the charges detailed above if Your cancellation is due to exceptional circumstances.
8.2.1 For Orders cancelled less than 28 days before the start of the Hire Period, we will charge you 25% of your total order cost and refund you 75% of your total order cost
8.2.2 For Orders cancelled less than 10 days before the start of the Hire Period, we will charge you 40% of your total order cost and refund you 60% of your total order cost
8.2.3 For Orders cancelled less than 7 days before the start of the Hire Period, we will charge you 50% of your total order cost and refund you 50% of your total order cost
8.3 For orders cancelled due to COVID-19 a full refund will be given for reasons such as:
8.3.1 Travel ban in place between country of departure and Scotland
8.3.2 Flight Cancelled due to COVID-19
8.3.3 Visitors are required to quarantine upon entry to Scotland
9. Collection, Hire and Return
9.1 The Hire Period begins on the date stated in the Order Confirmation. This is the time from which We deliver the Golf equipment to you and you sign our collection document.
9.2 If You book more than one set of clubs the other golfers will need to produce their passport upon collection.
9.3 You should check the Golf equipment at the time of collection. If there are any items missing or if there is any visible damage to the Golf equipment, You should inform Us immediately. We will use all reasonable endeavours to replace missing items or damaged Golf equipment. By signing our collection document you confirm that a) the equipment is in a good technical, safe and clean condition and b) the equipment meets their requirements as stated in the order form.
9.4 We are required by law to provide consumers with goods that are of satisfactory quality, fit for purpose, and in accordance with descriptions, samples, models and other pre-contract information provided by Us. We are also required set up the goods correctly and, for the purposes of this Clause 10, Our failure to do so will render the goods ‘damaged’ and/or ‘faulty’. If You discover any damage (pre-existing) or fault with the Golf equipment during the Hire Period, please inform Us as soon as is reasonably possible. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the Golf equipment. If We are unable to replace or repair the Golf equipment, or if You would prefer to reject the damaged or faulty Golf equipment, whether before or after a repair or replacement (if the replaced or repaired Golf equipment is still damaged or faulty), We will offer you a refund equal to the remaining, unused part of the Hire Period. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless you specifically request a different method.
9.5 The Hire Period ends when Golf equipment is collected at the time and date stated in the Order Confirmation. Any Golf equipment returned late will incur an excess charge of £30 per Golf equipment, per day (with the first day taking effect one day after the date stated in the Order Confirmation.) Golf equipment may be returned early where it must be arranged for Us for collection, however We are unable to issue any refunds of any kind for early returns that do not fall under sub-Clause 9.3.
10. Golf Equipment Insurance
10.1 Failure to return the clubs at the end of the hire period or when requested to do so by Golfing to You will result in our charging your credit card the full amount of the manufacturers recommended retail price for the equipment, in addition to any charges for the hire period.
10.2 Insurance is available per set at a rate of £7.50 per booking and when purchased will limit your liability for broken clubs as long as both the head and shaft are returned. If not then the club will be deemed as lost or stolen.
10.3 Golf Equipment Insurance Covers the following:
10.3.1 Any accidental damage to Golf equipment while they are in Your possession;
10.3.2 Any accidental damage to the Golf equipment which is likely to occur during proper use of Golf equipment.
10.4 The Golf Equipment Insurance does not cover the following:
10.4.1 Malicious or deliberate damage or that which, in Our opinion, has been caused by carelessness or improper use;
10.5 If You do not purchase the Golf Equipment Insurance, You will be responsible for any and all of the types of damage and/or loss shown above in sub-Clause 10.3 in addition to that shown in sub-Clause 10.4.
10.6 Where insurance has purchased, charges in respect to lost or stolen equipment, will be reduced and where not purchased charges will be as follows:
| Club | Broken
(With Insurance) |
Broken
(Without Insurance) |
Lost/ Stolen Club
(With Insurance) |
Lost/ Stolen Club
(Without Insurance) |
| Driver | £0 | £320 | £360 | £450 |
| Wood | £0 | £190 | £180 | £270 |
| Hybrid | £0 | £170 | £160 | £230 |
| Iron | £0 | £75 | £85 | £110 |
| Wedge | £0 | £80 | £75 | £110 |
| Putter | £0 | £72 | £70 | £100 |
| Head Cover | £0 | £15 | £10 | £20 |
11. Loss and Damage
11.1 You are responsible for, and will be required to indemnify Us for, any loss or damage which may occur to Golf equipment that falls outside of the terms of the Golf Equipment Insurance described in Clause 10.
11.2 You will not be responsible for any pre-existing damage to Golf equipment that has already been identified under sub-Clause 9.2 at the time of collection, or for any damage or faults that are discovered under sub-Clause 9.3
12. Our Liability
12.1 We will be responsible for any foreseeable loss or damage that You may suffer only as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable only if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when the Contract is formed. We will not be responsible for any loss or damage that is not foreseeable.
12.2 In any event, Our total liability under these Terms and Conditions shall be limited to the value of the Contract between Us and You, that is, the total Price payable by You.
12.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
12.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability with respect to Your legal rights as a consumer. For more information on your legal rights and on the remedies you may be entitled to if something goes wrong, please contact Us or contact your local Citizens Advice Bureau or Trading Standards Office.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
13.2.1 We will inform You as soon as is reasonably possible;
13.2.2 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
13.2.3 If the event outside of Our control continues for more than 4 weeks We will cancel the Contract and inform You of the cancellation in writing;
13.2.4 If an event outside of Our control continues for more than 2 week and You wish to cancel the Contract, You may do so by informing us in writing;
13.2.5 If the Contract is cancelled under this Clause 13 before the Hire Period begins, any and all sums You have paid to Us will be refunded in full. Other provisions in these Terms and Conditions regarding the retention of sums paid shall not apply.
14. Communication and Contact Details
14.1 If You wish to contact Us with questions or complaints, You may contact Us in person by telephone at +44 (0) 131 610 4653 by email at [email protected] , or by pre-paid post at Golfing to You, 1 Boghall Far, Steadings Bathgate, EH48 1LQ.
15. Complaints and Feedback
15.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint.
15.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available by emailing [email protected].
15.3 If You wish to complain about any aspect of Your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Golf equipment, please contact Us in one of the following ways:
15.3.1 In writing, addressed to Jack Probka, Golfing to You, 1 Boghall Farm Steadings, Bathgate, EH48 1LQ;
15.3.2 By email, addressed to Jack Probka, [email protected] ;
15.3.3 By contacting Us by telephone on +44 (0)131 610 4654
16. How We Use Your Personal Information (Data Protection)
16.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR.
16.2 We use third party Stripe to process card payments. Stripe will only use contact details to send receipts. All credit card data is sent directly to Stripe and no payment data is held on our server. Your contact details will not be shared with anyone. If you want to remove your contact details or learn about how Stripe processes personal data, please visit https://stripe.com/en-GB/legal
16.3 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available at www.golfingtoyou.com/privacypolicy
17. Security
17.1 When you place an order on our website, you are connected to our secure server. The secure server software (SSL) encrypts all information you input.
17.2 We do not hold any bank/credit card information this is sent directly to Stripe as in clause 16 above.
18. Other Important Terms
18.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
18.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
18.3 The Contract is between You and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
18.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
18.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
19. Governing Law and Jurisdiction
19.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of Scotland and the Scottish Courts shall have jurisdiction in any disputes between the parties
19.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
19.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.