The terms and conditions listed below apply to the hire of equipment between you as "the Hirer" as hereinafter defined and us "BSG" as hereinafter defined. These terms and conditions do not affect your statutory rights as a consumer.
a. BSG means Blue Sky Golf Rental.
b. "the Hirer" means the hirer as detailed on the booking submission form.
Where more than one person is specified as the hirer then each and every person is jointly and severally responsible for performance of the contract as referred to in condition 2 hereof.
c. "Booking submission form" means the form completed by the Hirer and which refers to these terms and conditions which are deemed to be incorporated therein.
d. "hire" means the provision of equipment by BSG to the Hirer for the agreed period of time, and at the agreed cost, and subject to these terms and conditions.
e. "equipment" means the equipment let out to the Hirer by BSG as detailed on the booking submission form and subject to these terms and conditions.
2. Contract between BSG and the Hirer
a. The Hirer must submit a booking submission form to BSG in respect of the equipment that the Hirer wishes to hire, fully completed with all the details requested by BSG.
b. The Hirer must be aged 18 years or over. Those using equipment must be 16 years or over.
c. BSG must receive a deposit or the full amount owed for the hire before the Hirer's order can be accepted. Once full payment has been received by BSG we will confirm that your booking has been accepted by sending an email to you at the address you provide in the booking submission form.
d. Our acceptance of your booking brings into existence a legally binding contract between BSG and the Hirer.
e. It is the Hirer's responsibility to ensure that all the information given on the booking submission form is complete and accurate. In the event that the details given are incomplete, misleading or incorrect, the Hirer will be responsible for all costs associated in remedial action required.
f. In the event that the Hirer is a consumer as defined in The Consumer Protection (Distance Selling) Regulations 2000 or any re-enactment thereof then the Hirer has the right to cancel the contract between BSG and the Hirer within a period of seven working days, starting on the day after the Hirer submits the booking submission form. Written notice of cancellation must be given by the Hirer to BSG by post or email and once received, BSG will return any payment made by the Hirer to BSG within 30 days of the date of the notice of cancellation. The right to cancel shall not apply where the Hirer has already accepted delivery of the equipment or where the period of hire has commenced.
3. Hire Period
a. The hire period shall commence on the date of the delivery of equipment to the Hirer and will terminate on the date of collection of the equipment by BSG, and this constitutes "the hire period". The date of delivery and the date of collection shall be counted as whole hire days. If delivery of the equipment is made after 8pm then the date of delivery shall be deemed to be the next day. The minimum hire period is one day and the maximum hire period is ninety days.
4. Hire charges
a. The hire charge shall be payable in advance at the time the Hirer receives the confirmation of availability from BSG by email or website response. The hire charge is as set out on our website.
b. In some circumstances delivery charges apply to the delivery and collection of the equipment to the Hirer by BSG and these delivery charges are set out in our website. Delivery charges shall be payable in advance at the time the hirer receives the confirmation of availability from BSG.
c. If the Hirer does not make the equipment available for collection on the date agreed on the booking form, the Hirer will be responsible for a further hire charge until the equipment is collected by BSG. In the event that the Hirer does not return the equipment to BSG before the end of the agreed hire period then BSG shall be entitled to charge the hirer the full amount or a proportion of the hire charge applicable to the agreed hire period as BSG deems appropriate.
d. The hire charge is inclusive of any VAT/IVA that may be chargeable.
e. The hire charge will be applicable to Saturdays, Sundays and Public Holidays.
5. Delivery and collection of the equipment
a. BSG will deliver the equipment specified by the Hirer on the booking submission form to the Hirer only to the address given to BSG by the Hirer on this form, and on the date and within the time slot specified by the Hirer on the booking submission form for delivery. The Hirer must produce proof of identity, a valid passport and valid credit card at the time of delivery, failing which BSG will have the right to refuse delivery of the equipment. An impression is taken of your credit card but will only be used in the event of subsequent loss or damage to the equipment to place a charge upto your liability limit (see section 7. 'Care of the equipment').
b. The Hirer will make available all the equipment for collection by BSG at the address, date and time specified by the Hirer on the booking submission form as these are the collection details approved by BSG in their acceptance of the Hirer's order.
6. The Hirer's responsibilities
a. It is the Hirer's responsibility to ensure that the equipment ordered for hire is suitable for the Hirer's requirements. It will be the Hirer's responsibility at the time of delivery of the equipment to ensure that it corresponds to the equipment ordered, and is in suitable condition. The Hirer will be asked at delivery to sign a delivery receipt confirming (a) delivery of the equipment and (b) that the equipment is in a suitable condition.
b. If at delivery any of the equipment is found to be faulty or does not correspond with the equipment ordered, this shall be notified to BSG at the time of delivery. Failure to make notification shall mean that BSG shall have no liability to the Hirer. On receipt of such notification BSG will use all reasonable endeavours to provide suitable replacement equipment.
7. Care of equipment
a. The Hirer will be responsible for the care and security of the equipment during the hire period. The equipment will be under the control of the Hirer at all times from delivery to collection and the Hirer shall ensure that the equipment is used safely and without risk to health, and is not used for any purpose for which it is not designed. The equipment shall not be used by any person under the age of sixteen years.
b. The Hirer shall be responsible for and shall indemnify BSG against all loss or damage caused by or to the equipment from whatever cause.
c. The Hirer is not permitted to take the equipment to a location outside of Spain or Portugal.
d. The Hirer agrees to pay all costs incurred by BSG in remedying any damage or cleaning of the equipment and hire charges will continue until such rectification is complete.
e. In the event of equipment failure we will use all reasonable endeavors to repair or replace the equipment with the same or similar specification within one working day and at no charge to you.
f. Should the equipment failure prove to be due to the misuse, negligence or fault of the Hirer or its servants, agents or associates then BSG reserves the right to pass on the repair costs to the Hirer. Under no circumstances shall the Hirer attempt any repairs to the equipment themselves.
g. Insurance is available to limit the liability for loss or damage to equipment whilst in the Hirer's possession, with the following limitations to liability (prices in Euros) :
|No Insurance||Insured||No Insurance||Insured|
*to qualify as a broken club the head and broken shaft must be returned. If this is not the case it will be treated as a lost/stolen
8. Ownership of equipmenta. The equipment is and shall remain the sole property of BSG and the Hirer shall not sell, pledge, hire or otherwise deal with or part with possession of the equipment or any part thereof.
9. Events beyond the control of BSG
a. BSG shall have no liability to the Hirer for any failure to deliver the equipment or goods ordered by the Hirer or any delay in doing so or for any damage or defect to equipment or goods that is caused by any event or circumstance beyond the reasonable control of BSG, including, but without limitation to, strikes, lock outs and other industrial disputes, breakdown of systems or network access, flood, fire explosion or accident.
a. BSG may terminate the contract with the Hirer if the Hirer is in breach of contract and/or of these terms and conditions.
b. BSG may terminate this contract if there is insufficient equipment and/or goods to fulfil the Hirer's order.
c. BSG may terminate this contract due to an unforseen operational reason.
d. If BSG does terminate the contract with the hirer then BSG will notify the hirer by email or letter and will refund the hirer eiher the complete hire charge or the applicable proportion thereof. BSG will not be obliged to offer any additional compensation for disappointment suffered.
12. Additional services to the Hirer
a. As an additional service to the Hirer, BSG has from time to time goods available for purchase as detailed on the website and an order for same if required should be made via the website along with the details of the hire.
b. All orders are subject to BSG's approval and product availability and BSG reserves the right to change prices on their website without prior notification. All goods advertised on BSG's website are an invitation to the Hirer to make an offer to purchase the goods from BSG and consequently acceptance of offers to purchase goods only takes place when BSG accepts the order, as referred to in Condition 2 hereof. Any goods purchased by the Hirer will be delivered along with the equipment at the start of the hire period. Payment for said goods is to be made by the Hirer in advance, along with the hire charge as detailed in Condition 4 hereof.
13. Right to Cancel goods
a. The Hirer may cancel its contract with BSG insofar as it relates to the purchase of goods referred to in Condition 12 hereof in accordance with statutory rights within the United Kingdom. This statutory right of cancellation starts on the date the Hirer submits the booking submission form and expires at the end of seven working days from the day after the Hirer receives the ordered goods.
b. To cancel the contract for the purchase of goods notification must be given in writing to BSG Cancellations of more than 28 days from date of delivery will result in a charge of 10% of the value of the booking. Cancellations of more than 14 days from date of delivery will result in a charge of 50% of the value of the booking. No refund will apply to bookings cancelled less than 14 days from date of delivery. .
c. If the Hirer has received the goods before the Hirer cancels the contract for the purchase of the goods then the Hirer must send the goods back to BSG's address at the Hirer's own cost and risk within twenty one days of the date of cancellation.
d. Once the Hirer has notified BSG that the Hirer is cancelling his contract then any sum paid for the goods will be refunded to the Hirer as soon as possible and in any event within 30 days of the Hirer's cancellation PROVIDED THAT the goods in question are returned by the Hirer and received by BSG in the condition they were delivered to the Hirer. If the Hirer does not return the goods delivered to BSG or does not pay the costs of delivery, BSG shall be entitled to deduct the direct costs of receiving the goods from the amount to be re-credited to the Hirer.
14. General Terms
a. Should any of these terms and conditions be held to be unenforceable or invalid (including any provision in which BSG excludes it liability to the Hirer), the validity of the remaining terms and conditions will remain unaffected and shall be in full force and effect. No waiver of any right or breach by us under these terms and conditions shall be effective unless in writing and signed by one of BSG's partners.
b. Save as precluded by law, BSG will not be liable to the Hirer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problems the Hirer notifies to BSG and BSG shall have no liability to pay any money to the Hirer by way of compensation other than to refund to the Hirer the amount paid for the Hire Charge. 2. Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights the Hirer might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit BSG's liability to the Hirer for any death or personal injury resulting from BSG's negligence.
15. Governing Law & Jurisdiction
a. The construction, validity and performance of these terms and conditions in any dispute arising from them shall be governed by the laws of Spain and the courts shall have jurisdiction in any disputes between the parties hereto.
16. Entire Agreement