CONTRACTING CONDITIONS

1. - SCOPE OF CONTRACT

These General Contracting Conditions apply to the contracting of all the services offered by the owner of this website, VICTOR RIBERA DURALL, which can be found at: www.golfexcellent.com, to all those interested in the acquisition of these services.

The use of all the services on this website implies the observance of the General Contracting Conditions in the version published by VICTOR RIBERA DURALL, at the time the order is placed, which, with the legally established advance notice, will be available to customers on the website.

Users are recommended to read the General Conditions carefully before proceeding to place an order. It will be understood that if the user chooses the option indicated on the button ìYes, I acceptî, which appears at the end of these General Contracting Conditions, he will be considered to have understood and fully accepted them, once he has definitively selected the service to be purchased and has chosen the means of payment.

On the other hand, if the user does not accept these General Contracting Conditions, he will have to choose the option indicated on the button identified as ìI do not acceptî, at the end of these conditions. With this action the operation will be concluded and will not involve the assumption of any kind of obligation by the user.

2. - PURPOSE

2. 1. - The purpose of this contract is the offer by VICTOR RIBERA DURALL of all the services shown on each of the pages of this website, as established in the following stipulations of contracting of services.

3. - TYPE OF SERVICES

3. 1- The services offered by VICTOR RIBERA DURALL consist of the provision of activities in the terms announced on its website www.golfexcellent.com.

3. 2. - For the provision of the services offered, VICTOR RIBERA DURALL has the human and material resources necessary in accordance with the regulations in force regulating the activity.

4. - COMING INTO EFFECT

4. 1. - These general contracting conditions will come into effect when the user accesses the website and gives his consent to contracting the service in question. At this moment the user accepts and agrees completely to all the general conditions provided in this text.

4. 2. - In accordance with Article 2 of Royal Decree 1906/1999 concerning General Contracting Conditions, VICTOR RIBERA DURALL guarantees that it has made public these General Contracting Conditions for a period of more than three days to all possible users, at a date before they may have contracted any goods or service, complying therefore with the period of advance information established in the aforementioned regulation.

5. - PRICE AND METHOD OF PAYMENT

5. 1. - The price of each of the goods or services is set out clearly on the page where it is shown, indicating if VAT is included in the price or has to be added.

5. 2. - The user who wishes to acquire any of the services offered by VICTOR RIBERA DURALL will have to pay the corresponding price by way of an electronic payment using the payment gateway accessed from this website.

6. - CONFIRMATION OF THE CONTRACT AND OTHER DOCUMENTATION

6. 1. - Once VICTOR RIBERA DURALL verifies that the payment has been correctly made, it will send the user email confirmation within 24 hours.

7. - RIGHT OF CANCELLATION

7. 1. - Once the user has received the confirmation of his order, he may cancel the order placed at any time, as long as VICTOR RIBERA DURALL receives notification of it, at the address indicated on the main page of www.golfexcellent.com, within three days from the date the provision of the service ordered begins.

In the event of cancellation of the service contracted up to 72 hours before the start of the activity, the client will be refunded the entire amount, except 10% as administration costs.

Should the client cancel the service between 72 and 24 hours beforehand, 50% of the total fee will be refunded.

If the booking is cancelled with less than 24 hours notice prior to the day of the service, this will be charged in full.

Adverse weather conditions are not, under any circumstances, a reason for a claim or a refund of the services contracted.

7. 2. - Once notification of cancellation is received, VICTOR RIBERA DURALL will proceed to refund in a maximum period of thirty days the sums received from the user except 10% as administration costs.

8. - OBLIGATIONS OF VICTOR RIBERA DURALL

8. 1. - VICTOR RIBERA DURALL undertakes to comply with the following obligations in the relationship it establishes with the purchasing user:

To place at the user's disposal on the website the necessary information relative to the services that VICTOR RIBERA DURALL is offering in the terms legally provided for.
To send the purchaser a receipt that shows that VICTOR RIBERA DURALL has received the request or order placed by him.
To send the purchaser proof of the transaction made with VICTOR RIBERA DURALL. This proof will be sent to him, at the latest, together with the provision of services that the purchaser has requested.
To use all the attention and professionalism considered reasonable for the provision of the services offered.
The provision of services that may have been contracted will come into effect on the specific date stated in the offer that the user accepted.

9. - OBLIGATIONS OF THE PURCHASING USER

9. 1. - The purchaser undertakes to comply with the following obligations in the relationship he establishes with VICTOR RIBERA DURALL:

To fill in the request forms and their fields according to the instructions that VICTOR RIBERA DURALL states to this effect.
To pay the fee for the service he desires according to the instructions of VICTOR RIBERA DURALL and in accordance with what has been stipulated in this contract.
To make sure that the offer of the service he wished to contract is a currently valid and up-to-date offer, and not an old version kept in the ìcacheî memory of his terminal, whereby he is recommended to activate the ìupdateî icon of his navigator before proceeding to make any transaction.
To have a Licence and Handicap (Handicap Card) or, failing that, a supporting document of the customer's usual club, except in the EXCELLENT, PLATINUM and PROFESSIONAL services on weekdays.
The rules of etiquette must be observed at all times.
To reserve any of the options it will be essential to bill of the full service charge.

10. - RESPONSIBILITIES

10. 1. - The purchasing user will be responsible for all the data and statements he includes on the forms that he sends to VICTOR RIBERA DURALL, as well as the content of any other communication he sends it by any other medium.

10. 2. - The mere sending of the request form for a specific contract and the corresponding payment for it does not imply VICTOR RIBERA DURALLís automatic acceptance of this order, but it will be understood to have accepted it when VICTOR RIBERA DURALL sends the purchaser proof of receipt of his request, informing him that it is proceeding to process the aforementioned order.

11. - DATA PROTECTION

11. 1. - The user is informed of the existence of an automatic file with the data included on the different forms of this web, indicating when the data that is asked for is necessary for the provision and management of the services offered and when it is optional. If the fields that are marked mandatory are not filled in, VICTOR RIBERA DURALL will be unable to provide the services it offers and will inform the user of this.

11. 2. - The automatic data file is the responsibility of VICTOR RIBERA DURALL, whose present address is C/Casellas n∫ 1, La Garrriga (Barcelona), C.P 08530. The data will be processed with the aim of managing the contractual relationship with the user, and sending commercial information related to the services of VICTOR RIBERA DURALL.

11. 3. - The sending of the forms will imply the express consent of the user for the granting of his personal details contained in the said automatic file to VICTOR RIBERA DURALL and to anybody who needs it for carrying out the actions or services envisaged in this contract and the planned tasks of information and marketing.

11. 4. - The person responsible for the file undertakes to keep the data contained in the automatic file secret in accordance with the legislation applicable to this effect.

11. 5. - Furthermore the user is informed of his right of access, rectification, cancellation and, if necessary, opposition, in accordance with what is established in Organic Law 15/1999 of 13 December regarding Personal Data Protection and other regulations applicable to this effect, which he will be able to exercise by writing to the address of the person responsible for the aforementioned file.

12. - EXPIRY AND TERMINATION

12. 1. - This contract will expire when both parts fulfil the obligations to which they commit themselves in the contract or when it is terminated by either of them if any of the causes foreseen for its termination arise.

12. 2. - This contract can be terminated by either of the parts if the other part seriously breaches any of the obligations established in it. In this case, proceedings will be initiated, if possible, in accordance with the procedure regulated in the stipulation referring to the rejection, without affecting the possible claim for damages, including loss of earnings, which may correspond for such a breach.

13. - NOTIFICATIONS AND NOTICE

13. 1. - Any notification or notice by either of the parts will have to be sent by any means that allows reasonable belief that this information has arrived safely, if possible by email.

13. 2. - The notifications that the user or purchaser sends to VICTOR RIBERA DURALL can be sent to the following email address: vr@golfexcellent.com

14. - RELATIONSHIP WITH OTHER CONTRACTS

14. 1. - The relationship between the user or purchaser and VICTOR RIBERA DURALL is governed by these General Conditions, regardless of the validity of the websiteís legal warning, whose clauses will be applied additionally, and concerning that which does not contradict these General Conditions.

14. 2. - Without affecting what has been stated above, for the purchase of a specific good or service, any other specific General Conditions for this good or service may be enclosed and submitted to the approval of the user. In this case, the said specific General Conditions will be applied specially to the relationship between the user and VICTOR RIBERA DURALL, and only in a supplementary manner. The General Conditions will be applied concerning that which does not contradict them.

15. - INVALIDITY AND PARTIAL NULLITY

If any of the stipulations of this contract were considered null or inapplicable (in whole or in part) by any Court, Tribunal or competent administrative body, this nullity or inapplicability would not affect the other stipulations in the contract, which will keep all their validity.

16. – TEE TIMES

Golf Excellent will confirm tee times; nevertheless, some clubs reserve the right to change them. If for any reason it were necessary to change them, Golf Excellent will offer alternatives to them.

Golf Excellent regularly checks the state of the courses with which it works, and will try to advise the client on their current state. The real conditions of the courses can vary due to differing weather factors, seed sowing, factors related to maintenance work on the course, etc, without Golf Excellent being held responsible for these variations.

17. - APPLICABLE LAW

This contact will be interpreted and will be governed in accordance with current Spanish law.

18. - COMPETENT JURISDICTION

The parts, with express relinquishment of any jurisdiction that may correspond, submit any interpretation or dispute arising from this contract to the Courts and Tribunals of Vic and its higher courts.