General terms and conditions of Golf Lounge Resort GmbH & Co. KG (hereinafter referred to as "company") for the use of the golf course at Vorlandring 16, 22113 Hamburg
I. ANNUAL MEMBERSHIP AND “FAIRWAY PACKAGE“
1. User Agreement
a. The company, with its registered office at Vorlandring 16, 22113 Hamburg, operates a golf course in Hamburg-Moorfleet with all its ancillary facilities.
b. The company grants users the personal right to use the golf course and the other facilities and ancillary facilities dedicated to golf operations, such as the restaurant (hereinafter referred to as “facility”), in accordance with these General Terms and Conditions.
c. The subject of these general terms and conditions are all offers and services of the company in connection with the operation and use of the facility. The following general terms and conditions apply exclusively to the use of the system or a related service of the company.
d. The users accept the company’s house, field and game rules for the facility in the currently valid version. The use of the system by the authorized person is at their own risk and their own risk of following the safety instructions on the system.
2. Right of Use, Friends Card
a. In principle, everyone is entitled to use the system. The facility’s restaurant is open to the public. The use of the golf course including the ancillary facilities such as the driving range and the tee boxes is only permitted after prior registration. The Company may temporarily close the facility or change opening hours. The contractual partner does not have an extraordinary right of termination from this.
b. With the purchase of a Friends Card, users receive a comprehensive right of use with different game options and benefits (e.g. reduced green fees). The details of the Friends Card, e.g. the annual fee and other details, are agreed in the applicable price list.
c. It is also possible to set up an account into which the user can deposit or transfer credit. The maximum amount for the account balance is EUR 1000.00. Any deposit made by the User to his account will be matched by the Company with a [10 ]% surcharge. All of the company’s claims (e.g. green fees, purchases in the pro shop, consumption in restaurants, etc.) can be offset against any account balance at the user’s request. A payment or transfer of the account balance is not possible. The Company may confiscate any balances on the accounts of users who have not used their account for more than 3 years.
d. The details of the use and design of the right to use the Friends Card, as well as the respective user fees to be paid, are agreed in the respective individual user contract or with the users. Individual options can also be viewed on the company’s website. The contract of use is concluded with the inclusion and acceptance of these General Terms and Conditions.
e. Children (i.e. up to the age of twelve) may only stay on the facility under the supervision of their legal guardians or other supervisors. The legal guardians are liable for accidents involving the children. If the user brings a guest to the facility, he must inform the guest of the customary use of the facility.
3. Maturity and Payment
a. The Friends Card fee for the current year is due immediately or for full calendar years on January 15 of the respective year.
b. Other usage fees are due immediately at the time the system is used, unless otherwise contractually agreed.
c. The respective user will enable the company to collect the usage fee to be paid to the company from his account by direct debit, credit card or paypal when it is due. In the event of an unsuccessful direct debit, for example due to insufficient funds in the account, the respective user bears the resulting fees of EUR 10 per attempt.
d. If the respective usage fee is not paid, the company is entitled to refuse the user to use the system.
a. The company assumes no liability for items taken into the facility and lost or damaged. The company accepts no liability whatsoever for damage to property or personal injury caused to the customer by improper use of equipment or systems or for such damage caused to him by third parties. In addition, liability for all types of damage, with the exception of personal injury, is excluded in the event of slight negligence. The same applies to the vicarious agents used by the company.
a. Unless otherwise stated in the contract of use, the contract of use is initially concluded for one year and is extended by one year at a time, unless it is terminated at least in text form by one of the two contracting parties with a notice period of one month to the end of the contract period. The time of receipt of the declaration of termination is decisive for the timeliness of the termination.
b. The right of the company and the respective user to terminate the contract without notice for good cause remains unaffected.
a. Contracts between the company and the customer are generally only concluded with the express acceptance by the company. The scope of the contractual obligation to perform results exclusively from the company’s service description and/or the information in the contract confirmation. Subsidiary agreements that change the scope of the contractual services require express confirmation.
b. The offer prices are only valid for an undivided order and all prices are gross including VAT.
c. Unless otherwise agreed, third parties are commissioned in the name and for the account of the company. In this case, the company is not obliged to issue an invoice for the services provided by third parties on its behalf or to submit invoices to the person commissioned by it.
i.e. Services not quoted in the offer that are carried out at the request of the customer or additional expenses that are caused by incorrect information provided by the customer, by transport delays through no fault of their own or by untimely or professional advance services by third parties, insofar as they are not vicarious agents of the company, shall be charged to the customer additionally invoiced according to the current remuneration rates of the company.
e. The company is entitled to invoice each individual service immediately after it has been rendered. Unless otherwise agreed, invoice amounts are due for payment immediately with the invoice status. In addition, the company is entitled to demand 80% of the agreed remuneration when the order is placed to cover its expenses. The final invoice will be made after the event. Deductions of any kind are excluded. Down payments do not accrue interest. In the event of a delay in payment, the company is entitled, without prejudice to further claims, to demand damages for delay in the amount of the usual minimum debit interest and commissions of the major banks (but at least 8% above the base interest rate). In the event of a delay in payment, including advance payments, the company is entitled, after setting a deadline, to withdraw from the contract in addition to the damage caused by the delay and to demand damages for non-performance.
f. The customer is entitled to withdraw from this contract up to 7 days before the agreed start of the service. In the event of withdrawal, the customer must make the following payments to the company:
If you withdraw up to 42 days before the start of the service: 20%
In the event of withdrawal up to 30 days before the start of the service: 40%
In the event of cancellation up to 15 days before the start of the service: 60%
If you withdraw up to 7 days before the start of the service: 80%
The start of events and travel, and generally the day on which the company is obliged to provide the contractually owed service is deemed to be the start of the service. The withdrawal must always be made in writing. The deadline for calculating the deadline is the receipt of the declaration of withdrawal by the company.
Cancellation payments do not apply to services provided by the Company in connection with the sale or rental of goods. For such contracts, a flat rate of 40% of the agreed price is to be paid by the customer in the event of withdrawal from the contract. The cancellation payments have been determined taking into account the expenses usually saved. Both contracting parties are free to prove greater or lesser damage.
If the event is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both the company and the customer can terminate the contract. If the contract is terminated, the company can demand appropriate compensation for the services already rendered or for the services still to be rendered to end the event.
For each case of cancellation by the company, the liability of the company towards the customer is limited to an amount equal to 10% of the agreed price.
G. The liability of the company towards customers for damages due to pre-contractual or contractual claims is limited to a total of three times the agreed price, provided that the damage was not caused intentionally or through gross negligence on the part of the company.
Otherwise, liability for slight negligence is excluded to the extent permitted by law. It is agreed between the company and the customer that they use the company’s services at their own risk. Insofar as the company offers and renders its services to third parties on behalf of a customer or through the agency of a customer or an agency, the customer releases the company from all third-party liability claims insofar as these exceed the aforementioned liability limits. The customer undertakes to agree identical liability limitations and exclusions with the participants in favor of the company.
The company assumes no liability for any materials, equipment and places provided by the customer or third parties for the implementation of events. In this respect, the customer exempts the company from any liability claims that are raised by customers or participants against the company.
H. The company is not liable for disruptions in performance and damage in connection with services that are only mediated as external services and/or that are expressly marked as external services in the advertisement.
If one of the customers becomes unable to provide the service owed to him in a brokerage transaction, the company must be released from all claims by the other customer. This also applies to claims arising from breaches of contract or other claims for damages.
Insofar as the company acts as a broker and agency for services, artistic performances and the like, the respective customer is prohibited from using the contacts established by the company to conclude direct transactions. In the event of a breach of this obligation, the company is to be placed in the same position as if the unauthorized direct transaction had been brokered by the company. In this case, the company is entitled to payment of its usual commission.
i. By registering, the customer assures that the participants are of legal age or are accompanied by a legal guardian. The company has the right to withdraw from the contract for the duration of events that require the customer to be particularly physically or otherwise, insofar as execution of the contract is impossible for these reasons and the withdrawal is also in the best interests of the customer or the participating third parties. The company is also entitled to exclude individual participants from the event if this appears necessary for reasons relating to the customer.
If a service is not provided or is not provided in accordance with the contract, the customer must immediately request remedial action. The customer can only refuse replacement services from the company if this is not reasonable for an important reason that the company can reasonably be expected to accept, in particular if the overall design of the booked event is adversely affected by accepting the replacement service.
In the event of any disruptions to performance, the customer is obliged to cooperate within the framework of the statutory provisions in order to avoid or minimize any damage. The customer is obliged to do everything that is reasonable for him in the event of any disruptions to performance in order to help remedy the disruption and to keep any damage that may arise to a minimum.
If the customer requests a reduction in the contract price he owes due to alleged poor performance of the contract by the company, he is obliged to inform the company immediately, stating the reasons. In the event of a complaint, claims against the company can only be asserted within one month after the contractually agreed end of the event.
7. Miscellaneous Provisions
a. The company is entitled to adjust the prices in the event of changes in the statutory sales tax rate and changes in the internal costs for the operation of the system due to increases in rent and lease payments to the extent of the increase in the general cost of living.
b. In the event of a change in the terms of the contract, users will be notified in writing (by post or email). The changes will take effect three (3) months after notification. If the terms of the contract are changed to the detriment of the user, the user can object to the change in writing within two (2) months after notification of the change. If the user does not object within the deadline, the change is deemed to have been approved. The Company will inform the user of this consequence when notifying the user of the change.
c. The law of the Federal Republic of Germany. The place of performance and place of jurisdiction is, as far as permissible, the registered office of the company.
i.e. The personal data of the contractual partners recorded by the company within the framework of the contractual agreement are treated confidentially and are subject to the provisions of the Data Protection Act. By concluding the contract, the customer expressly consents to the automated collection, processing and storage of personal data.
e. Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, or should there be a gap in these General Terms and Conditions, this shall not affect the validity of the remaining provisions. In principle, the mutual contract remains in effect, whereby instead of the invalid or unenforceable provision, the valid or enforceable provision that comes closest to the purpose of the invalid or unenforceable provision is deemed to be agreed. In the event of a gap, the provision that corresponds to what would have been agreed according to the purpose of these General Terms and Conditions, if the contracting parties had considered the matter from the outset, shall apply.
(Stated on October 01, 2022)