Terms & Conditions

1

Interpretation

1.1

‘INITIAL BRIEF’ means the letter to which these Conditions are appended, issued to the Client before BlackEagle Golf commences work.

‘DRAFT ITINERARY’ means the Itinerary proposed by BlackEagle Golf and awaiting approval from the Client.

‘ITINERARY’ means the Itinerary proposed by BlackEagle Golf and approved by the Client.

‘CLIENT’ means the person(s) named on the Initial Brief for whom BlackEagle Golf has agreed to provide the Specified Service in accordance with these Conditions.

‘CONTRACT’ means the contract for the provision of the Specified Service comprised of the Initial Brief and these Conditions and (if accepted) the Itinerary. Those who don’t agree terms and conditions may not make a reservation.

‘SPECIFIED SERVICE’ means the service to be provided by BlackEagle Golf for the Client and referred to in the Initial Brief and/or the Itinerary.

‘BLACKEAGLE GOLF’ means BlackEagle Golf Ltd (registered number SC484404)

2

These Conditions to Apply

2.1

The Specified Service shall be provided in accordance with the Initial Brief and any subsequent Itinerary.

3

Supply of the Specified Service

3.1

The Client shall on receipt of the Initial Brief pay to BlackEagle Golf a deposit specified in the Initial Brief. BlackEagle Golf shall not start providing the Specified Service until receipt of the deposit. By paying the deposit to BlackEagle Golf the Client shall be deemed to have accepted the terms of the Initial Brief and these Conditions.

3.2

On receipt of the deposit BlackEagle Golf shall, in accordance with the terms of the Initial Brief (and any variations requested by the Client) prepare a Draft Itinerary which shall be submitted to the Client. In preparing the Draft Itinerary, BlackEagle Golf will incur costs, which shall be charged to the Client and deducted from the deposit in accordance with the terms of the Initial Brief.

3.3

On receipt of the Itinerary the Client shall inform BlackEagle Golf whether he wishes to proceed, in accordance with the Itinerary, or whether he wishes to terminate. If the Client does not wish to proceed then BlackEagle Golf shall issue an invoice to the Client in respect of the work done in preparing the Draft Itinerary as set out in clause 3.2. If the amount specified in such invoice is less than the sum of the deposit BlackEagle Golf shall forthwith remit the balance of the deposit to the Client. If the amount specified in such invoice is greater than the sum of the deposit then the Client shall pay the balance due to BlackEagle Golf within 14 days from the date of invoice.

3.4

If the Client wishes to proceed in accordance with the Itinerary, the Client shall notify such acceptance to BlackEagle Golf within 30 days and pay the full cost of the Itinerary as specified therein.

3.5

In placing bookings BlackEagle Golf shall at all times be acting as agent for the Client and not as principal. By agreeing the Itinerary, the Client authorises BlackEagle Golf to make bookings and reservations on his behalf, and to enter into contractual obligations.

3.6

Given the nature of the bookings the Client accepts that some may not be terminable without incurring some cost, and the Client agrees and authorises BlackEagle Golf to incur such costs on its behalf.

4

Charges

4.1

All charges quoted to the Client for the provision of the Specified Service are inclusive of any Value Added Tax, at the applicable rate from time to time.

4.2

All payments made pursuant to this agreement shall be made by electronic transfer to BlackEagle Golf’s Account

5

Warranties and Liability

5.1

BlackEagle Golf warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the Initial Brief and the Itinerary.

5.1.1

The descriptions, information and opinions given in the Itinerary of any of the Specified Services are given in good faith based on experience and information available at the time of printing.

5.2

The Itinerary sets out a number of services which will be provided by third parties. BlackEagle Golf will use its best endeavours to ensure that any third parties provide the Specified Services with reasonable care.

5.3

BlackEagle Golf shall not be liable for any loss or damage caused to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of BlackEagle Golf’s obligations in relation to the Specified Service, if the delay or failure was due to circumstances outside the reasonable control of BlackEagle Golf.

5.4

BlackEagle Golf shall not be liable for death or personal injury to the Client and any reasonably foreseeable loss, costs or damages incurred by the Client if caused by the act or omission of BlackEagle Golf and for any other reasonably foreseeable loss damage or cost incurred by the Client as a result of breach by BlackEagle Golf of any conditions of this Contract. BlackEagle Golf shall not be liable to the Client for any other losses costs or damages however they may have been incurred. For the purposes of this cause “Client” shall include any member of the party of the Client up to the maximum number referred to in the Itinerary.

6

Termination, Payment and Final Balance

6.1

The Client may terminate the contract at any time if BlackEagle Golf is in breach of these Conditions. On such termination BlackEagle Golf shall reimburse to the Client the total sum paid by the Client to BlackEagle Golf pursuant to these conditions.

6.2

The Client may terminate the Contract at any time before acceptance of the Itinerary, but on such termination the Client shall pay BlackEagle Golf’s fees in accordance with Clause 3 above.

6.3

The fees payable by the Client in the event of a termination shall be determined by reference to the Schedule set out below:

No. of days prior to the date of commencement

% of BlackEagle Golf’s fees payable

More than 57
56 – 31
Within 30
100% of deposit
75%
100%

6.4

Final balance payment is due no later than 8 weeks/57 days prior to the start of your BlackEagle Golf vacation. If the payment is not received by that date, BlackEagle Golf reserve the right to cancel the clients booking. Deposits will not be refunded. BlackEagle Golf will send a reminder email before all payment dates occur.

7

General

7.1

These Conditions (together with the terms, if any, set out in the Initial Brief) constitute the agreement between the parties and are the basis on which BlackEagle Golf provides the Specified Services.

7.2

Scottish law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the Scottish courts.

7.3

For the purposes of these Conditions “circumstances outside the reasonable control of the parties” shall mean unusual and unforeseen circumstances the consequences of which the affected party could not avoid, including (but not limited to) war, threat of war, riot, civil strife, terrorist activity (actual or threatened) industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions and level of water in rivers.