General Terms and Conditions of Contract
We recommend that you read the following general golf tour and contract conditions carefully. These General Terms and Conditions of Contract apply to all contractual relationships between you as the client and YouGolfTours Sàrl (hereinafter referred to as YouGolfTours), unless explicitly agreed otherwise on an individual basis.
I. Contract: the contract / booking confirmation between you and YouGolfTours comes into effect through your written, telephonic or personal acceptance of the offer. At this point the rights and obligations according to these General Terms and Conditions and the contractual agreements become effective for you and YouGolfTours. If you enroll other tour participants, you shall be responsible for their contractual obligations (in particular the payment of the total price of your golf tour) as for your own obligations. The contractual agreements and general terms and conditions apply to all tour participants. Thus, the subject matter of the contract is that YouGolfTours arranges golf holidays for you and undertakes to organize the travel services you have chosen.
II. Exclusion of liability: any service as well as associated individual services included in the golf trip, the contract and travel conditions of the service provider apply exclusively. For the issued flight tickets only the contract conditions of the responsible airlines are valid. YouGolfTours is not a contracting party in these cases, and you cannot refer to these General Terms and Conditions of Contract.
III. The price of your golf trip is based exclusively on the details communicated in writing by YouGolfTours in the invoice / booking confirmation. Published prices that appear on the website, advertisements, e-mails or in printed brochures, these are general non-binding recommended prices. Unless otherwise stated, prices are per person, in Swiss francs and inclusive of VAT. Prices are cash prices. The prices valid at the time of booking are applicable. Prices for trips over several price periods will be calculated on a pro rata basis at the respective seasonal prices. The administration fee of CHF 155.00 per invoice, subsequent additional fees for reservations, bookings and administrative costs remain reserved. In the event of subsequent increases in the actual costs incurred, YouGolfTours reserves the right to adjust the price of your golf tour accordingly after conclusion of the contract. This applies in particular in the event of an increase in transport costs, newly introduced or increased taxes, changes in exchange rates, invoice and publication errors. Price increases can be claimed at the latest 21 working days before the planned start of the trip. If the price increase amounts to more than 10% of the total price of your golf trip, the client is entitled to withdraw from the contract free of charge within 5 working days after notification of the price increase. In this case, the client is free to take a substitute trip if possible. If the substitute journey is of inferior value to the contractually agreed journey, the client may demand compensation for the reduced value. Further claims for damages are excluded. Refund of paid flight tickets is not possible, for exceptions these are individually communicated in writing by YouGolfTours. The individually valid payment conditions issued by YouGolfTours are included in the offer, invoice or/and booking confirmation. In case of late payment the client will be in default without reminder. YouGolfTours is entitled to withdraw from the contract without setting a deadline and to refuse the travel service. In this case the cancellation fees are owed. The travel documents will only be sent to the clients after full payment of the total price of your golf trip.
IV. The client has no claim to changes in the content of the contract after it has been concluded. YouGolfTours will, however, endeavor to comply with requests. If YouGolfTours makes a rebooking at the request of the client, a rebooking fee of CHF 150.00 per person, maximum CHF 250.00 per order, will be charged in addition to any additional costs. Depending on the fare, airlines have strict conditions regarding changes or rebooking’s. Any fare and taxi differences will be charged to you in addition to the additional costs and rebooking fees. The request for rebooking must be made in writing. The rebooking becomes binding as soon as it has been confirmed in writing by YouGolfTours. Changes by YouGolfTours and reservation of right to change. YouGolfTours reserves the right, also in your interest, to change service offers at any time (reservation of right to change). In particular, YouGolfTours is entitled to unilaterally change the published service offers (hotel, airline, itinerary, prices) in its own catalogues, on the internet, etc. at any time. If unforeseeable or unavoidable circumstances or force majeure (e.g. epidemics/pandemics and related official measures, war or natural disasters) affect the scheduled execution of the tour, YouGolfTours is entitled to change individual services in the area of accommodation, transfers, golf and related services. This also applies to overbooking problems. In the event of a significant change to an essential point of the contract, the client is entitled to withdraw from the contract free of charge within 5 working days of notification of the change. The client is not entitled to the aforementioned claims if he or a tour participant under his responsibility makes compliance with the contract unreasonable for YouGolfTours due to inappropriate behaviour. Inappropriate behaviour is also deemed to have occurred if the client's state of health obviously does not meet the requirements stated in the service description or which are assumed in good faith. Furthermore, YouGolfTours reserves the right to subsequently increase prices.
V. The client may withdraw from the trip at any time before the start of the trip. The declaration of cancellation must be made in writing. The cancellation becomes binding as soon as it has been confirmed in writing by YouGolfTours. The date of receipt of the cancellation notice by YouGolfTours is decisive for the determination of the following cancellation fees. The client has to pay YouGolfTours - depending on the time of the cancellation - a lump sum cancellation fee as well as a handling fee. The amount of the charges will be determined according to the relevant cancellation conditions of the tour in question. If the trip is cancelled by the clients or YouGolfTours and no cancellation charges are printed on the confirmation/invoice, we will charge the following costs in addition to the processing and service fees:
VI. Cancellation, processing and service charges:
After receipt of the booking confirmation: 30 % of the total price of your golf trip.
30 - 15 days prior to departure: 50 % of the total price of your golf holiday
14 - 8 days prior to departure: 80 % of the total price of your golf holiday
7 - 0 days before departure / no-show: 100 % of the total price of your golf trip
VII. Exceptions: Within your golf trip, booked services such as tee times, flight, hotels, etc.. may incur different cancellation charges of up to 100% from the conclusion of the contract. These conditions will be communicated to the client with the invoice and a confirmation. The client is liable for a flat-rate cancellation fee and handling charges if, at the time of booking or travel, the required health (including vaccination, Covid19 PCR test) and police formalities of the destination country are generally known, but the client fails to comply with these for personal reasons and therefore withdraws from the trip. This also applies if there is a mandatory quarantine obligation in Switzerland at the time of booking or travel for persons who have not been vaccinated and have not recovered (also in the case of Covid19) after returning from certain destinations, the client does not comply with the health formalities for personal reasons and therefore withdraws from the trip. If the Federal Department of Foreign Affairs as well as the Federal Office of Public Health expressly advise against a trip to the planned travel region at the time of booking, but the client books the trip despite being informed by YouGolfTours and withdraws before the start of the trip, a flat cancellation fee and handling charges are payable. In this case any guarantee by YouGolfTours is excluded. The client acknowledges that in this case the conclusion of the travel contract lies within his sole sphere of risk. In the case of flights, hotel services, green fees etc., the conditions of the respective service provider shall apply. The client's attention shall be drawn to these conditions upon conclusion of the contract. If the FDFA and/or the FOPH expressly advise against a trip to the planned travel region, the client shall only pay the handling fees, any insurance premiums and visa expenses as well as the expenses verifiably incurred by YouGolfTours. If a substitute person suggested by the client declares his willingness to enter into the contract with all rights and obligations in place of the client and to commence the tour under the agreed conditions, only the handling fee and any additional costs (e.g. new flight ticket) are owed in addition to the total price of your golf tour. The replacement person must fulfil all travel requirements and the change must be accepted by the service providers. The client is jointly and severally liable with the substitute for payment of the price and any additional costs.
VIII. Cancellation during the trip: if the client withdraws from the contract in whole or in part during the trip, there is no right to a refund of the total price of your golf trip. In urgent cases, the local contact person and, in their absence, YouGolfTours will assist the client as far as possible in organizing an early return.
IX. Handling fees: in the event of cancellation by the client or YouGolfTours, a handling fee of CHF 110.00 per person, up to a maximum of CHF 220.00 per order, will be charged. These costs are incurred irrespective of the time of cancellation but are waived in the case of cancellation of services with cancellation charges of 100%. Cancellation costs for flight services are 100% of the total price of your golf trip.
X. Cancellation of the golf tour by YouGolfTours: in case of a substantial error in the conclusion of the contract, especially in case of calculation and/or publication errors of the tour price, YouGolfTours is entitled to cancel the contract. The client is entitled to a refund of payments made.
XI. Groups: if the minimum number of participants foreseen for a golf tour is not reached, YouGolfTours is entitled to withdraw from the contract at the latest 21 working days before the scheduled start of the tour. The client is entitled to a refund of payments made. Alternatively, clients are free to take a substitute trip if possible. If the substitute trip is of inferior value to the contractually agreed golf trip, the client may demand compensation for the reduced value. Further claims for damages are excluded.
XII. Force majeure: If unforeseeable or unavoidable circumstances (e.g. natural disasters, strikes, war, pandemics and related official measures) prevent the scheduled execution of the golf tour, YouGolfTours is entitled to cancel or terminate the contract. If the contract is cancelled before the start of the tour, the client will be refunded the full amount of the tour price, whereby the expenses verifiably incurred by YouGolfTours will be deducted from the refund amount. Compensation for damages is excluded. Alternatively, the client is free to take a substitute trip if possible. If the substitute tour is of inferior value to the contractually agreed golf tour, the client may demand compensation for the reduced value. In the event of cancellation after the start of the trip, claims for damages by the Principal, in particular compensation for additional costs (e.g. hotel or flight ticket costs), shall be excluded.
XIII. Duty to co-operate: the client has to check the documents sent to him (e.g. invoice or booking confirmation) for correctness and completeness, especially for conformity with the booking, and to inform YouGolfTours immediately in case of discrepancies. The client is responsible for compliance with entry requirements (for example validity of passport, obtaining visas, necessary vaccinations). The client is responsible for compliance with the check-in times (e.g. airport) and luggage regulations specified by the service providers. If the client does not depart or departs too late (no-show), the total price of your golf trip will not be refunded. The obligation to carry is not applicable. If the client misses the return flight, he/she must book another return flight at his/her own expense. This also applies in particular in the event of flight schedule changes. In the event of pregnancy, the client must inform himself in advance about the transport conditions and to comply with them. Furthermore, the client is obliged to inform YouGolfTours in writing about the pregnancy. In view of the requirements of the planned golf tour, the client must assess his state of health himself and, if necessary, refrain from taking part in the golf tour. YouGolfTours shall not be liable if the client fails to comply with his obligations to cooperate. Claims for compensation on the part of the client due to deficiencies are not valid.
XIV. Immediate obligation to complain: in case of complaints during the golf tour, the client must immediately inform the service provider as well as the local representative of YouGolfTours or, in their absence, YouGolfTours. YouGolfTours will endeavor to find suitable solutions. If no suitable solution can be found on site, the client shall obtain written confirmation from the service provider or the local representative (facts, list of deficiencies). However, the service provider and the local representation are not authorized to acknowledge claims of the client.
XV. Extent of liability: YouGolfTours as the organizer is liable to the client for the correct fulfilment of the contract, especially for the selection and control of the service providers as well as for the competent and professional execution of the contract.
XVI. Claims for compensation by the client: The client must submit his complaint in writing to YouGolfTours within 30 days after the end of the tour, together with the confirmation in accordance with the above. In the absence of notification and/or confirmation in accordance with the above, the client shall not be entitled to any claims for compensation.
XVII. Exclusion of liability: for the organisation of the golf trip, unless the client's insurance covers the damage. Liability for all damages other than personal injury is limited to the total price for each contract. YouGolfTours is not liable if the non-fulfilment or non-contractual fulfilment of the travel contract is due to: Unforeseeable or unavoidable failures of third parties (for example, delays by transport companies, strikes, disruptions in the performance of merely arranged third-party services, golf courses closed at short notice - usually as a result of tournament operations, force majeure or weather conditions), Unforeseeable or unavoidable circumstances or. force majeure (e.g. war, natural disasters, withdrawal of landing rights, official orders, lack of driving permits, epidemics and pandemics and associated official measures), omissions on the part of the client (e.g. failure to comply with entry requirements, failure to transport due to pregnancy, criminal sanctions, denial of golfing entitlement due to lack of handicap regulations). The limitations of compensation for damages due to non-fulfilment or non-performance of the contract as stipulated in international agreements remain reserved. If the client takes part in a substitute tour organised by YouGolfTours, the liability of YouGolfTours shall be limited to any reduction in value of the substitute tour compared to the golf tour owed under the contract. Assignment of claims for damages If YouGolfTours compensates the client for damages caused by a service provider, the client's claims for damages against the service provider are assigned to YouGolfTours.
XVIII. Data protection: the processing, use and collection of data upon conclusion of the contract, in addition to the contact details of the client, the following information is generally stored or processed: Trip participants, trip dates, destinations, airline, hotel, price, payment information, and other specific information regarding any membership of cooperation partners of YouGolfTours, date of birth, nationality, language, preferences and other information provided by the client to YouGolfTours. By making a booking, the client confirms the accuracy of the data provided. In case of special circumstances (e.g. accident during the golf trip) as well as in case of complaints, further information may be obtained and stored. The client's data is subject to Swiss data protection law and will be processed for the purpose of business transactions or the provision of services. They may also be used by YouGolfTours for the provision of a market-driven offer as well as for analysis, marketing and consulting purposes. YouGolfTours reserves the right to send offers and information of personal interest to the client. If the client does not wish to receive information, he can contact YouGolfTours directly. If the data processing relates to a contractual service or product of YouGolfTours, it is deemed to be accepted by the client when he/she receives the contractual service or product. The consent of the client also refers to related data processing for marketing purposes as long as the client does not revoke his consent. The client shall ensure the consent of third parties or fellow travellers (e.g. partner, friend, etc.) if they are also affected by the data processing. The Client hereby consents to the processing and use of the Client's data. If necessary, the client's data will be passed on to third parties or companies that are economically connected to YouGolfTours for the provision of the service as well as for the processing of an order. YouGolfTours adheres to the data protection regulations and also obliges third parties to maintain confidentiality and appropriate data protection if they have access to client data which allows conclusions to be drawn about the identity of the client. The client hereby consents to the disclosure and processing of the data.
XIX. Transfer and air tickets: Upon request of the authorities of certain countries, it may be necessary to transmit specific data about the travel golf trip e to and from these country(ies) to these authorities for security and entry reasons. The client authorizes YouGolfTours or the respective airline to transmit personal data about the client as a passenger to these authorities for these purposes, insofar as this information is available. This includes, for example, name, date of birth, full residential address, telephone numbers, information about other travellers, date of booking/ticket issue and intended date of travel, all types of payment information, travel status and itinerary, frequent flyer number, baggage information, any PNR changes in the past. The Client acknowledges that this data may be transferred to countries where data protection does not correspond to the level of protection provided by Swiss data protection legislation.
XX. Contractual language: Due to the fact that our website is issued in four language versions, the German version is authoritative.
XXI. Invalidity of a provision: Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions.
XXII. Travel insurance: YouGolfTours recommends that you take out travel and or cancellation insurance when booking.
XXIII. Terms of Contract: YouGolfTours may unilaterally amend the General Terms and Conditions of Contract at any time. The current General Terms and Conditions are published electronically.
XXIV. Applicable Law and Place of Jurisdiction: Swiss law is exclusively applicable in the contractual relationship between the clients and YouGolfTours. Subject to mandatory legal provisions, Sion/Wallis is the place of jurisdiction.
YouGolfTours Sàrl, 3 January 2021