Site use Conditions

As of article 11 of Spanish law 34/2002, “Servicios de la Sociedad de la Información y del Comercio Electrónico”, we inform that the holder of golfinspain.com, portugolf.com and golfalia (hereby referred to as "ESE") is the company: El Sur Existe s.l. with fiscal number ES-B29722113, addressed in Avda. Clemente Díaz Edf. 3 Coronas, 29640 Fuengirola, Málaga, Spain

The user accepts the full adhesion expressly and without reservations to all and each one of the General Conditions published by ESE at the moment that the user accesses to the reservations area of the site, specially when including his personal data, and including the limitation of responsibility of the company or any supplier of tourist services hired by ESE. Therefore, the user should read the General Conditions in each one of the occasions he proceeds to hire products in the website, since these might have suffered modifications from the last time that consented.

The user declares that he is over 18 years of age and he has the legal capability to acquire the offered services through ESE. Bookings and payment imply acceptance of the General Conditions in accordance with current legislation (21/1995 law of viajes combinados and to the specific conditions agreed with the users by any travel wholesaler that organizes the combined trip. The present conditions will be subject to the Spanish legislation.

 

Intelectual Property

The whole content of the Web (including text, images, marks designs, software, etc.) is property of ESE and its suppliers and they are protected by national and international laws. It is not allowed their reproduction, use or distribution in any way without prior written permission of its owners. The client will use the website unique and exclusively for private use.

If any third party operated services are listed among the tools below, these may be used to track Users’ browsing habits – in addition to the information specified herein and without the Owner’s knowledge. Please refer to the privacy policy of the listed services for detailed information.

Web Site Information

The information contained in this site is offered for the convenience of the users; however it can contain mistakes, misprints or errors. Therefore ESE doesn't guarantee the accuracy or reliability of the information contained.

Booking Conditions

ESE is a registered trademark of the Spanish company El Sur Existe S.L.  and will act on its own name or representing any of the companies with active contracts we represent.

Since 2000 we have been a registered travel agent (C.I.AN 29774-2) with all the legal guarantees that the Spanish Law of Combined Trips (Ley de Viajes Combinados) provides to clients, including a guaranteed liability coverage insurance for you of up to €100,000. Spanish regulations are based on the Directive (EU) 2015/2302 of the European Parliament on package travel when applicable.

Accuracy of Data

We take great care to ensure that all information and pricing published on our website is correct. If errors are discovered after we confirm your booking we will make every effort to advise you before you depart but we cannot accept any liability for incorrect information published by mistake.

Prices

ESE reserves the right to alter any of the items within the programme. Alterations will never be of a lower category or value to the one contracted by the clients but we reserve the right to increase the advertised price of any golf holiday offered on our website at any time before your booking is confirmed. The price of the golf holiday or round of golf that you wish to book will be displayed at the confirmation of payment page. Any subsequent reduction in prices due to special offers will not necessarily apply to confirmed bookings.

Confirmed and fully paid booking prices will not change unless costs change caused by suppliers, exchange rate fluctuations, VAT or any tax changes that the supplier considers applicable to the client. Subject to consideration of each case we will absorb a maximum of a 4% surcharge. If you decide to cancel the holiday due to this situation, the cancellation fees will be only those requested by the suppliers within your booking. No additional service fee will be charged from our side.

Deposits and payments

Please remember your booking is not firm or guaranteed until you pay a deposit and we return a confirmation of services via email. On our booking quote you will be indicated an amount and limit date to confirm the reservation. The percentage or totality of the booking may vary according to each budget depending on the conditions of each provider, which will be indicated in the initial budget. This might also vary for group (+12 pax) bookings where special conditions might apply.

The remaining of the cost of your holiday will have to be paid out on the date specified in your order or earlier if the booking conditions of any of the services on your booking require so. If this requirement is not fulfilled, booking might be subject to cancellation and all previous deposits might not be refunded. As soon as full payment is made we will send your travel vouchers by email. 

Payment options are exclusively bank transfers, VISA or MASTERCARD. All bank transfers and some type of credit card expenses will be at the clients’ cost.

Golf

Buggies are subject to availability in each of the courses and their cost is not included in the packages unless otherwise stated.

We cannot make or confirm golf reservations on behalf of clients without knowing their handicaps. All players must be in possession of their handicap certificate in the event that a course official may request them.

It is the responsibility of players to arrive punctually for their tee-time. Latecomers may not be allowed to play by course officials.

We encourage courses not to do so, but the Spanish Golf Federation’s insurance is sometimes not included in rates and has to be paid directly to the caddy master (aprox. 2€).

Golf courses have different cancellation conditions to those of other travel companies, thus the user assumes whatever specific cancellation conditions each course determines. Refund of green fees will only be made when the golf course notifies us in writing of this.

Changes and cancellation policy

In case you have to change any of the pre-confirmed services, number of persons in your group or transfer it will have to be the person who originally booked the golf holiday (the lead name) who must notify us immediately by writing (email).

ESE will be obliged to deal and claim any applicable refunds in the client’s name. The clients will receive full amount returned after deducting the expenses applicable from each of the booking conditions of each supplier of the package plus our administrative fee for booking handling, although we will always do our best and use our influence to reduce this to an absolute minimum. ESE will not be responsible to you for any loss,damage or loss of profit, direct or indirect, for any suppliers (golf course, hotel, transfer, car hire company, etc) failure to honor a booking previously confirmed to us.

Our cancellation handling fees will be as follows:

Changes

Supplier costs as per their booking conditions and additionally:

• No charge for the first change of hotel, golf, day, number of pax, etc to a pre confirmed booking of a minimum total value of 300€ and/or if the total amount of booking is not reduced.
• 1€ per pax per service change for subsequent changes of similar type.

Cancellations

Supplier costs as per their booking conditions and additionally:

• 3€ per pax for each cancelled service or up to a maximum of a 15% fee for travel packages and 10% for green fee bookings
• Green Fee charges will again be returned subject to each golf course specific conditions. Any “NO SHOWS” will be charged the full price of the green fees.

As a reference only, expect 30 days prior to arrival to avoid cancellation charges but please note certain rates might be non-refundable and have charges from the day of booking. Likewise, cancellations within 2 weeks to arrival may already be charged by the provider, but as already detailed, each hotel and golf course determines their own particular conditions. 

When applicable your trip might be covered by the Directive (EU) 2015/2302 of the European Parliament on package travel when accommodation and an additional service is included.

Insurance

We DO NOT as a rule, include any travel insurance with your booking unless it is specified as such but or requested by you.

We consider adequate travel insurance to be essential. If you decide not to purchase an insurance, or it is unavailable, you must ensure that any alternative policy you purchase covers as a minimum the cost of cancellation by you or the full costs that could be incurred in the event of you suffering an accident or illness, including repatriation.

Delays

In the event of delays to your transportation, the provision of assistance and refreshments is governed by the individual operator's policy or in the case of flight delays, by European regulations. We cannot accept liability for any delays due to arrangements you make for air travel or any other transportation not booked with us. Where you have booked your flights through us as part of your booking, any compensation that may be due from us shall be offset by any payment that you receive from the airline or other third party.

Unavoidable and Extraordinary Circumstances

In these booking conditions, "unavoidable and extraordinary circumstances" means a situation beyond the control of the party seeking to rely on such a situation the consequences of which could not have been avoided even if all reasonable measures had been taken. Such events may include, without limitation: war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemics and pandemics, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights) and the inability of airline(s) to operate flights. Special cancellation and refund policies might apply under this circumstances.

Governing law and jurisdiction

This contract and any dispute, claim or other matter of any description which arise out of or in connection with this contract is governed by and shall be contrued in accordance with the laws of Spain and specially the law "21/1995" of "viajes combinados". ESE acts as a legally registered "minorista" travel agency. The Courts of Fuengirola, Malaga shall have jurisdiction to decide any dispute or claim that arise out of or in connection with this contract.