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GENERAL TERMS AND CONDITIONS OF THE GOLF LOUNGE E. V. (REGISTERED ASSOCIATION)

ANNUAL MEMBERSHIP AND “FAIRWAY PACKAGE“

The Golf Lounge e. V. (registered association) with the address Am Billwerder Neuer Deich 40, 20539 Hamburg, offers a diversity of services all around golf. The subject of these terms of use are the regulations regarding the annual membership and the “Fairway Package“.

 

I. ANNUAL MEMBERSHIP AND “FAIRWAY PACKAGE“

 

1. Membership fee (including handicap guide and membership card of the German Gold Association).

The Golf Lounge e. V. receives a membership fee for managing its members by the respectively applying price list. In the case of a change of contract conditions, the user is informed by the Golf Lounge e. V. in written form to the provided address.

The changes are active one month after the notification. If the changes are to the disadvantage of the user, he or she can terminate the contract in writing, within one month after being informed about it, except for the cases described below. If the user does not terminate his or her contract in time, the changes are authorized. In its notification, the Golf Lounge e. V. will inform the user about this course of action.

Deviating from the points mentioned above, the Golf Lounge e. V. can adjust the prices in case of changing the contribution rules because of rent and lease increases, accordingly to the extent of the increase of the general cost of living — without special right of termination of the user.

 

2. Due date and payment

The fee for the period of use is due according to the contract.

The user authorizes the Golf Lounge e. V. for ongoing contracts to collect the due payments by charging his account in the following year.

For unsuccessful debit, for example, by not covering the account, the user bears the fees in the amount of 5,00 euros. If the respective fee is not paid, the Golf Lounge e.V. has an extraordinary right of termination.

 

3. Additional services “Fairway Package“

The Golf Lounge Fairway Package allows the card holder to play on the golf courses of associate clubs that are partners of the Golf Lounge Fairway Package if the card holder shows his or her DGV membership pass that allows him to play 18 rounds of golf and 9 holes. On all participating premises, you may play several times.

 

4. Validity of the “Fairway Package“

The Golf Lounge Fairway Package is valid on all participating golf courses that you find on our website www.golflounge.de and in the accompanying flyer. The number of participating golf courses can vary throughout the year.

The Golf Lounge Fairway Package is valid throughout the year in principle. By all means necessary, is the course of action described in point “10. Registration“. The Golf Lounge Fairway Package is only valid in combination with a Golf Lounge DGV membership and its particular term. Rounds that were not played expire by the end of the validity term and cannot be taken on into the next term, in the case of an ongoing contract.

 

5. General course rules “Fairway Package“

The general rules of golf, as well as the particular course rules of a club (public on-site via notice board), are binding for every user.

 

6. Current value “Fairway Package“

The up-to-date playable rounds of the contract can be viewed on the internet page www.player.golf-lounge.de filling in the DGV card number and the last name of a user.

 

7. Misuse of “Fairway Package“

Every abuse of the Golf Lounge Fairway Package, especially being used by a non-authorized person, leads to an immediate collection without replacement and the termination of the contract.

 

8. Transferability “Fairway Package“

The rights in the contract are not transferable.

 

9. Handling of the “Fairway Package“

If you want to use your Fairway Package, your have to declare the green fee round at the secretary’s office of the Golf Lounge before starting the game.

 

10. Registration “Fairway Package“

It is necessary to preregister on the phone before starting a game at a respective club by naming the Golf Lounge Fairway Package. At participating golf clubs that offer online-tee-off-reservations, you have to make an inquiry over the phone. Without registration, we cannot guarantee that you can play on the golf course at your desired time.

 

11. Terminating the “Fairway Package“

The contract of use for the “Fairway Package“ is prolonged for a year, if you do not terminate in writing four weeks before a membership year is over. Send your cancellation to club@golflounge.de (or to the mailing address), and it will take effect with a confirmation that we send to the contact e-mail address we find in the contract.

II. Final clauses

These terms of use are subject to German law only. Court of jurisdiction is Hamburg. Should individual clauses of this agreement be totally or partly ineffective or will they be, this will not affect the effectiveness of the remaining clauses. The mutual contract remains in principle, where the invalid clause should be replaced by a clause that is closest to the intent of the ineffective clause.

GENERAL TERMS OF USE

FOR THE RIGHT TO USE THE DRIVING RANGE AT THE GOLF LOUNGE HAMBURG BETRIEBS GMBH

The Golf Lounge Hamburg Betriebs GmbH, named Golf Lounge in the following — with registered office at Am Billwerder Neuer Deich 40, 20539 Hamburg — is the operator of the driving range at the Elbbrücken, Hamburg and grants entitled users following these terms of use the right to use the driving range, named “facility“ in the following, as an event area and for further different kinds of offerings.

 

I.

The Subject to these terms of use are all offers and services of the Golf Lounge in the relation of operating the facility. Using the facility or any other service of the Golf Lounge, the customer accepts every point of these terms of use without reservations.

The usage of the facility by the entitled person is made at their own risk.

 

II.

Entitled to make use of the facility is every person who has a valid playing permit, got a Golf Lounge ball card or entered the Golf Lounge as a guest of contract partners. The Golf Lounge will take care of the facility as much as possible but is not reliable when it comes to the usability of the facility. The Golf Lounge is entitled to close the facility temporarily or change the opening hours when repairs are in order for example. That does not cause a special right of termination for contract partners. The right of use can only be transferred to third persons with the permission of the Golf Lounge. Children who play in the training areas must be supervised at any time by their parents or other adults. Parents are liable for their children.

 

III.

You have the right to use the facility by purchasing a Golf Lounge ball card. The contract of use is concluded by the user acknowledging these general terms of uses. In so far as the holder of a Golf Lounge ball card brings a guest to the facility he has to introduce this guest to the rules and the correct use of the facility.

With the purchase of a Golf Lounge ball card, the customer receives game credits that are recorded electronically and will be debited after every usage of the facility. If the customer decides not to use the services of the Golf Lounge any longer after purchasing the ball card, paying out the remaining game credits in cash is impossible. If you do not use up your credits that are still saved on your Golf Lounge ball card, it lapses without replacement after 12 months after the last use of the card.

 

IV. LIABILITY

The Golf Lounge is not liable for any items that were brought to the Golf Lounge and were lost or damaged there. The Golf Lounge is not liable for any damage to property and bodily harm incurred by the customer due to improper use of equipment or areas of the driving range and those that are caused by third parties. Liability for all types of damage, other than personal injury, is also excluded for slight negligence. The same applies to vicarious agents employed by the Golf Lounge.

 

V. DATA PRIVACY/COPYRIGHT

The personal data collected within the framework of the contractual agreement of the Golf Lounge with the Contracting Party will be treated confidentially and are subject to the provisions of the data protection act. With the conclusion of the contract, the customer expressly agrees that the personal data are automatically collected, processed and stored.

 

VI. BALL CARD 150, RESP. BALL CARD 400

 

1. Usage fee

The Golf Lounge receives a monthly fee according to the applicable price list and run time for the granting of usage rights. The user undertakes to pay the applicable monthly fee when due (direct debit). In the case of a change in the contractual terms and conditions, a message will be sent to the user, namely to the address that is known to the Golf Lounge. If the changes are to the disadvantage of the user, he or she can terminate the contract in writing, within one month after being informed about it, except for the cases described below. If the user does not terminate his or her contract in time, the changes are authorized. In its notification, the Golf Lounge e. V. will inform the user about this course of action.

By way of derogation from the above arrangements, the golf Lounge can adapt prices

a.) if there are changes in the statutory VAT rate and

b.) if the internal costs for running the golf course change because of rent and lease increases to the extent of the increase in the general cost of living — without special right of termination of the user.

 

2. Due date and payment

The fee for the period of use is due according to the contract.

The user authorizes the Golf Lounge e. V. for ongoing contracts to collect the due payments by charging his account in the following year.

For unsuccessful debit, for example, by not covering the account, the user bears the fees of 5,00 euros. If the respective fee is not paid, the Golf Lounge e.V. has an extraordinary right of termination.

 

3. Rest period

A contract of use is concluded for a duration of 3 or 6 months and therefore can only be suspended because of special circumstances like disease or professional leave of absence for a maximum of three months. Those special circumstances have to be declared in writing, and a copy shall be sent to the Golf Lounge. The rest period will be set in full calendar months, beginning on the first day of a month and ends on the 30th of a month. As a processing fee, the user has to pay 15 euros per rest period. A rest period can only be requested before a special circumstance falls into place.

 

4. Termination

The contract extends automatically for a month if it is not terminated in writing by one of the contracting parties. The cancellation period is four weeks to the end of the month after the expiry of the minimum term. The notice goes to club@golflounge.de (or to the mailing address) and shall become effective upon a Golf Lounge acknowledgment of receipt via e-mail to the e-mail address specified in the contract.

 

5. Other provisions

"Ball ticket 150": this tariff includes a ball volume of 150 balls a day. The ball volume is not transferable to third parties and is not cumulative on other days.

"Partner ball ticket 150": this tariff is valid only for the duration of the ball card agreement of the partner. It includes a ball volume of 150 balls a day for a discounted monthly fee according to the applicable price list. The ball volume is not transferable to third parties and is not cumulative on other days.

"Ball ticket 400": this tariff includes a ball volume of 400 balls per day. The ball volume is not only transferable to third parties and is not cumulative on other days.

Status of terms and conditions: 01.11.2013

"Partner ball ticket 400": this tariff is valid only for the duration of the ball cards agreement of the partner. It includes a ball volume of 400 balls per day for a discounted monthly fee according to the applicable price list. The volume of the ball is not transferable to third parties and is not cumulative on other days.

 

VII. Final clauses

These terms of use are subject to German law only. Court of jurisdiction is Hamburg. Should individual clauses of this agreement be totally or partly ineffective or will they be, this will not affect the effectiveness of the remaining clauses. The mutual contract remains in principle, where the invalid clause should be replaced by a clause that is closest to the intent of the ineffective clause.



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