TERMS AND CONDITIONS
Breakaway Golf, LLC (dba Breakaway Golf Trips)
56 Pine Street Providence RI 02903
Telephone 1-352-527-7123
Email: info (at) breakawaygolftrips.com
Web: https://breakawaygolftrips.com
(Effective October 11, 2018)
Conditions & General Information: These Terms and Conditions form the basis of any contract between you and Breakaway Golf, LLC (“Breakaway Golf or the “Company”). When you contact the Company to book your tour, you appoint them to act as your agent to obtain the requested services for you. When they have done so, and you have confirmed the booking and paid the deposit, they will accept responsibility for providing your vacation from that point onwards.
Online Packages: Online packages are intended solely to provide an estimate for the cost for the various tour items offered by the Company and chosen by you. Tours are calculated on a per person basis assuming double occupancy. Online packages are quoted based on pre-approved accommodations in each category and are subject to availability.
Deposit & Final Payment: The Company accepts payment by MasterCard, Visa or American Express credit or debit card, bank transfer and bank check from certain countries. Schedules of deposit and final payment vary by program and are as detailed in the reservation’s material of the applicable program. Deposits can range from 35% to 50% or higher at the time of booking, depending on the accommodation and golf course requirements and the length of time between booking and the departure date. Final payment will be due 90 days before the departure date.
Cancellation and Refunds: Because of agreements with hotels and golf courses deposits and subsequent payments, including final payment are 100% non-refundable. However, the Company may attempt to request refunds and if refunds are obtained by the Company these refunds will be passed to the client without any service charge. With the above in mind, the Company strongly recommends that clients purchase Travel Insurance. The Company may offer to connect customers to Insurance Partners at various times throughout the booking. Notification of cancellation must be forwarded in writing via email and regular mail or fax to Breakaway Golf, LLC, from the person who submitted the booking form.
Force Majeure. Breakaway Golf does not accept responsibility for losses or additional expenses due as a result of force majeure, (that is, any event which Breakaway Golf or any supplier of services could not, with all due care foresee or avoid, such as closure of course due to bereavement, bad weather or course condition, war or threat of war, civil strife, industrial dispute, natural or nuclear disaster, fire, adverse weather conditions and other similar events outside our control or that of our suppliers) if Breakaway Golf is forced to alter, amend, curtail, change or cancel the any trip the customer cannot maintain a claim for compensation against the Company.
If the Company has offered a trip and specifies that a minimum number of bookings is required, Breakaway Golf’s obligation to provide that program shall be contingent on receiving and maintaining that minimum number of bookings. Further, if the minimum number of bookings is not received up to four weeks prior to the departure date, Breakaway Golf can amend or cancel or adjust the relevant program. In the event of having to alter accommodation, golf course or carrier, the Company will provide a level of service comparable or better at no additional expense alteration/change etc. of the trip results in a change of more than forty eight hours change of the departure date or a change in the resort or type of accommodation offered or some other change which fundamentally alters the holiday, Breakaway Golf shall if practical, offer an alternative comparable holiday.
Breakaway Golf reserve the right to cancel a tour if circumstances so require. In the event of such, the Company will make a full refund to travelers of all payments received in respect of the tour. Such a refund of payments will be the full extent of the Company’s obligation and liability to travelers.
Car Rental: On independent tours with a rental car, all drivers must be over 25 years of age, and under 74.
Documentation: For US citizens, a current passport is required for travel to overseas destinations. A Visa may also be required for certain countries. Check the requirements in good time before departure. Citizens of other countries should check with the appropriate Embassy.
Changes: In addition to any cost for changes to accommodations, golf, or other activities an administrative fee of $50.00 per change per person will be charged for changes requested by client or travel agent after deposit has been received and confirmation issued. If you wish to change an aspect of your booking, Breakaway Golf will, where practicable, facilitate the requested change. A request for alteration must be in writing by email or fax sent from the person who submitted the booking form.
Unused Trips: In no case will refunds be made for fully or partially unused booked itineraries. You or the purchaser of the trip must accept the offer of an alternative trip within seven days or be subject to refunds as per cancellation conditions. The Consumer should be aware that some suppliers, i.e. carriers, hotels and golf clubs impose cancellation fees/restrictions, etc., which are outside the control of, and for which Breakaway Golf will not be held liable.
Golf Handicaps: Certain golf clubs require visitors to show handicap cards. While not particularly common the Company suggests that you travel with a handicap card, and it accepts no responsibility if you do not and are subsequently denied access to the golf facilities at any course for such failure. A maximum handicap restriction may be placed on visitors by other some courses. If your handicap is greater than 24 (men) or 36 (ladies) please notify us. This will enable us to discuss which clubs may have relevant restrictions. The Company can accept no responsibility for the playing conditions of any golf courses, including course maintenance, weather conditions or any other such condition.
Responsibility: Breakaway Golf, as the tour operator, and its selling agents act only as agents in securing and booking the hotel accommodations and other land tour services provided by others as independent contractors. The Company, its selling agents or the specified carriers assume and accept no liability for injury, loss, damage, accident. delay, changes or inconvenience caused by: any force majeure – health risks – reason of war or threat of war – riots – civil strife – terrorist activity – industrial disputes – acts, omission, neglect, delay or default of any person engaged in providing any tour services including transportation and accommodation – technical problems to transport – closure or congestion of airports or ports – building work – extended hotel closure – cancellations or changes of schedules by airlines – interruption or failure of public utilities outside the control of the hotel and similar events beyond our control, including storms, tempests, hurricanes, or similar events and circumstances.
Breakaway Golf is not liable for loss, damage or theft of luggage or personal belongings, for personal injury, accident or illness on any vehicle or at any place throughout the tour.
If any tour service or its reasonable equivalent is not provided due to events beyond the reasonable control of Breakaway Golf, the Company will make an appropriate refund of that portion of the tour price covering the undelivered tour service, but it is understood that Breakaway Golf shall have no other or further responsibility or liability either for the accuracy of any representation or the non-provision of any tour services.
Transport by aircraft, rail, ship or coach will depend on the conditions of carriage of the relevant carrier. These conditions of carriage may limit or exclude the carrier’s liability to you under international law. The responsibility and liability of the specified air carriers respecting their performance of air transportation services are limited by and subject to the conditions of contract in the passenger ticket.
Disabled Persons: Consumers
Breakaway Golf will be pleased to help provide assistance as possible, if you or someone in your group has any special needs, which may be relevant. You must inform Breakaway Golf at the time of booking the trip. However, the Company does not represent that. the resources to meet the requirements of the disabled person.
Specific Requests: To the extent the party booking the trip has specific, for example, a request for ground floor accommodation or a sea view, etc. must be communicated in writing at the time of booking. the Company will make to supply and accommodate such requests. However, the Company shall not be liable if it is unable to comply with a special request which has not been confirmed by the Company in writing or which is outside the control of Breakaway Golf to accommodate such specific requests.
Complaints: Breakaway Golf seeks to provide the highest level of service to its customers and to endeavor to resolve to your satisfaction any complaints you may have related to your booking. We welcome feedback and will endeavor this information to improve our services to you and all our customers. Please notify our representative and the supplier of the service in question so that we can resolve any problem quickly. If you have a complaint after your trip it must be notified in writing to Breakaway Golf within 30 days of the end of your trip and no liability will be accepted by Breakaway Golf or its suppliers if written notice is not received within 30 days.
Arbitration: Any dispute or difference of any kind whatsoever which arises or occurs between any of the parties hereto, in relation to anything or matter hereunder or arising out of or in connection with this contract, shall be referred to arbitration under the Arbitration Rules of American Arbitrator Association.
Final Itinerary: As far as is known all information in the promotional and other materials of the Company is accurate at the time of publication. Changes cannot be made after publication date, and the Company accepts no responsibility for any omissions or errors. Should the Company become aware of errors which could materially affect your travel package, it will take all reasonable steps to inform you in a timely manner.
Caddies: As a free service to clients, Breakaway Golf will request caddies for those who wish them, however they cannot be guaranteed. The golf clubs will make every effort to secure caddies but they are neither employed by the golf clubs nor by Breakaway Golf. Please consult with your executive at Breakaway Golf regarding the likelihood of accessing a caddie on your selected courses. In general, the demand for caddies at most courses exceeds the availability. If a caddie is secured for you, the caddie master or another club official will inform you of the caddie charge and tipping policy.
Use of Website: The Consumer agrees and warrants that you are at least eighteen years of age and are legally entitled to use this web site and to enter into this agreement with all the terms and conditions herein, to be financially and otherwise responsible for all use of this web site (including adult and minor members of your family who use this web site in your name or account), that you will not make speculative, false or fraudulent reservations and that you shall only make reservations for yourself or for another person for whom you are legally entitled to act.
Severability: Each of these Terms and Conditions is separate and severable and enforceable accordingly, and if at any time any provision is adjudged by any court or forum of competent jurisdiction to be void or unenforceable, the validity, legality and enforceability of the remaining Terms and Conditions shall not be in any way affected or impaired as a result.
Applicable Law: This Agreement shall be governed by the substantive laws of the State of Rhode Island and the parties irrevocably agree that any judicial proceedings relating to this agreement will be filed in a court of competent jurisdiction within Providence County, of said State of Rhode Island, United States of America.