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General Terms & Conditions
1. These General Terms and Conditions are an integral part of each and any contract entered into with greenfee.com. greenfee.com provides its services exclusively on the basis of these General Terms and Conditions, with any declarations to the contrary made by the other party to the contract, possibly referring to its own General Terms and Conditions, not being deemed relevant and thus not becoming part of the contract, even if greenfee.com does not explicitly object to these declarations.

2. greenfee.com is an Internet platform, enabling
a) Golf clubs and providers of golf products and services, such as manufacturers of golf equipment, merchants, travel agencies, hotels, to present and offer their range of services on the Internet;
b) Golfers to find current information, book green fees and prepare and conclude contracts with the parties offering their services.

3. greenfee.com is not the operator of the golf courses presented on the website and has no influence on the individual clubs' services. greenfee.com also has no influence on any other offers presented on this website. Contracts are concluded directly between the golfer and the golf club or the other suppliers. greenfee.com does not act as an agent or broker and, thus, is not liable for range or type of the services in the contract concluded, but provides only a presentation and information platform. greenfee.com thus is not liable for nature, extent and quality of the performance of the contract concluded between golfers and the golf clubs or the other suppliers, nor does it guarantee for a party's credit rating. Thus, greenfee.com is not liable fort he performance of any services on offer. Content and scope of the mutual obligations and their performance has to be agreed upon directly between the golfer and the golf club or the other suppliers without the involvement of greenfee.com. In particular, greenfee.com has no influence on whether a course booked with a golf club can actually be played, the tee times can be kept to, etc. greenfee.com also has no influence on the contractual provisions of the golf clubs or other suppliers, their rules and organisation.

4. The information on this website has been provided to greenfee.com by our contractual partners. greenfee.com thus is not liable for it being accurate, up-to-date, complete or correct regarding its content. greenfee.com naturally reserves the right to update, alter or remove from the web the content on this website, at its own discretion. This is also valid for links referring to other websites. greenfee.com naturally cannot check whether the content provided by third parties, in particular pictures or verbal descriptions, infringe upon personal rights, especially copyright, and thus cannot be held liable. greenfee.com's own content is copyright protected. Using this content in any way is only permissible fort he purposes explicitly stated. Any other use infringes upon copyright regulations and is thus explicitly forbidden.

5. Users of this website explicitly agree to their data being processed and electronically transferred. greenfee.com is not liable for the receiving party's handling and use of the data. greenfee.com is entitled to use and process the data for its own purposes.

6. The contractual partner explicitly undertakes to provide greenfee.com only with legal content to be published on the website. In particular, only such content must be provided, of which the contractual partner is the copyright holder. If personal rights of third parties are infringed upon, the contractual partner undertakes to indemnify greenfee.com for any and all expenses. greenfee.com is entitled to remove content without any prior notice, if third parties file a claim. greenfee.com is not obliged to verify the validity of such claims. In this case, greenfee.com will immediately notify the golf club, so that it can contest these claims instead of greenfee.com. The golf club undertakes to reimburse greenfee.com for any expenses incurred in this context.

7. greenfee.com's contractual partner declares to be entitled to make an offer or conclude this contract or, in the case of collective authority to sign, to have been explicitly authorised to conclude this contract by the other organ or organs, so that, through this authorisation, this contract comes into existence with his individual declaration.

8. The signatory explicitly declares that the customer has the financial soundness necessary to fulfil the contract within the specified time and that appropriate financial measures have been taken to fulfil the contractual obligations of the customer in due time.

9. The prices contractually agreed upon are based exclusively on the written confirmation by greenfee.com, with handling fees, transport costs, etc. being excluded and charged separately. All prices quoted by greenfee.com are net and so do not include any taxes.

10. Contracts that have not been fully performed in the calendar year they have been concluded, will be indexed based on the "Verbraucherpreisindex 1996" (VPI 1996, Austrian consumer price index) or the index replacing it, with the index figure of the month in which the contract was concluded to be used as the base value. Prices are raised or decreased by the same ratio the Verbraucherpreisindex rises or falls in relation to the base value.

11. All payments are due within 14 days of receipt of the invoice without any discounts.

12. In case of default, the customer undertakes to pay interest on arrears of 10% above the benchmark interest rate on the due date. greenfee.com is entitled to file further claims for damages and to charge a reminder fee of € 12,- for each reminder, with claiming higher collection charges being deemed agreed upon. Greenfee.com is entitled, but not obliged, to stop providing services and to refuse access if there's a delay in payment.

13. greenfee.com undertakes to perform the contract with the diligence of a prudent businessman. Liability for slight negligence is excluded by mutual agreement. Any defects have to be notified in writing by the customer immediately, or the claim is forfeited. The parties to the contract mutually agree that defects have to be asserted only within a period of six months or the right can no longer be exerted, irrespective on the legal grounds the customer bases his claim on. After this period, the claim has become extinct and no more objections can be made in this matter.

14. The performance of the contract on greenfee.com's part is to be checked exclusively on the basis of this contract, with all other declarations by any party whatsoever not to be considered.

15. greenfee.com has to remedy any defects through improvement. The customer can only claim cancellation or price reduction, if greenfee.com either rejects improvement without due reason or the third attempt at improvement has failed.

16. The customer has to notify greenfee.com immediately in writing, or his claim is forfeit, if he is confronted with warranty claims by third parties in connection with this contract.

17. greenfee.com is only liable for any damage up to the amount of the net consideration contractually agreed upon.

18. All copyright in connection with the performance of the contract remain with greenfee.com, unless explicitly agreed otherwise in the contract in writing. Thus, the contractual partner is in principle not entitled to use the services provided by greenfee.com for any other purposes than those explicitly agreed in the contract or to a different extent regarding place, time or object. If a customer breaches this provision, he has to pay greenfee.com an appropriate usage fee, based on the consideration agreed upon in this contract. In addition, the customer has to pay greenfee.com a penalty fee in the amount of twice the contractual value that cannot be reduced by the decision of a court. Greenfee.com explicitly reserves the right to assert any further damage.

19. greenfee.com is entitled to transfer the rights and obligations arising from this contract to a third party entering into the contract in greenfee.com's place.

20. The customer is not entitled to offset any claims he might have against greenfee.com with claims arising from this contract.

21. Die Parties to the contract mutually agree that the mutually accepted obligations have been fully represented in this contract, so that on conclusion of this contract any differing declarations, commitments or other statements became invalid and are not applicable.

22. greenfee.com transfers data in standardised data formats to the customer. The customer has to make sure he has the necessary (particularly technical) resources. The customer cannot assert any claims arising from breach of warranty against greenfee.com in this matter.

23. The customer acknowledges that greenfee.com provides its services only as long as they are legally permissible. If the legal situation changes, the customer is not entitled to pay a lower consideration if certain parts of the performance have become impossible due to the new legal situation. If the change in the legal situation results in higher expenses, the customer undertakes to reimburse greenfee.com for the additional expenses in a reasonable manner.

24. greenfee.com is entitled to store electronically and process the data it received in connection with this contract and its performance. greenfee.com is also allowed to use the services of other group enterprises and transfer data for this purpose.

25. The customer declares that he will only provide greenfee.com with data subject to the Data Protection Act that are used for the contractually agreed purpose, if these data do not conflict with the rightful interest of third parties. greenfee.com is not obliged to check whether it is admissible to use the data. The customer shall indemnify greenfee.com for any claims asserted by third parties.

26. Legal transactions with greenfee.com are subject exclusively to Austrian substantive law.. Any references to other legal systems are not applicable. The parties to the contract agree upon the competent court in the matter for Wien Innere Stadt (Vienna's first district) to be the only relevant court for all disputes arising from this contract or its breach, cancellation or . invalidity. greenfee.com is entitled to file claims also at the customer's general court or in another jurisdiction. If the customer is located in a country that has not ratified the Lugano Agreement (BGBl 1996/448) or the Brussels Agreement (EuGVÜ) (BGBl III 1998/209 as valid from time to time) and a decision relating to this contract cannot be enforced under this agreement, greenfee.com can also file a claim at a court of arbitration at its own discretion. For this case, the following arbitration clause is agreed upon between the parties to the contract "Disputes arising from this contract, its breach, cancellation or invalidity will be decided finally following the Schieds- und Schlichtungsordnung des Internationalen Schiedsgerichts der Wirtschaftskammer Österreich in Vienna (Wiener Regeln) (Arbitration Rules of the International Court of Arbitration of the Austrian Chamber of Commerce in Vienna; Viennese Rules) by three arbitrators appointed in accordance with these rules. The language of court is German. Art 595 Abs. 1 Z. 7 of the Austrian Zivilprozessordnung (ZPO) in accordance with Art 598 Abs. 2 ZPO is not to be applied."

27. Changes and amendments to this contract, as well as any legally relevant declarations arising from this contact, have to be made in writing. This requirement can only be changed in writing.

28. The customer undertakes to notify greenfee.com of any changes in his address immediately and in writing. Legally relevant declarations in connection with this contract have to be sent to the contractual partner at the address having been made known from time to time. Therefore service has also been effected, if the other party to the contract has moved without having made known its current address. The time limits in connection with this contract are observed if the necessary declaration was passed on to the post office or another delivery service on the final day of the period in question, if this is on record.

29. This contract is a complete representation of the agreement made between the parties to the contract. By signing this contract, the parties to the contract confirm not to have made any further agreements. Any agreements, commitments or other statements made in connection with the subject matter of the contract before the conclusion of this contract hereby cease to be effective.

30. The parties to the contract are fully aware of the mutual obligations and their value. The parties to the contract waive the right to dispute or raise any objections in or out of court against this contract on any legal grounds whatsoever.

31. If individual provisions of this contract are or become invalid, the remainder of the contract remains effective. Invalid or void provisions are to be interpreted in such a way as to, achieve as much as possible their intended legal or economic effect. If this is not possible, the parties to the contract undertake to replace invalid provisions with such valid provisions that are identical or closest to the intended legal or economic effect.
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