Terms and Conditions of services

The following terms and conditions shall constitute the Rental Agreement (the “Agreement”) under which Golf Club Hire Company®, ltd & Spanish Golf Club Rental™  (“GCHC” or “we” SGCR) shall rent equipment (“Rental Equipment”) to you (“you” or “Renter”).

Please note that when you make your reservation, GCHC-SGCR will charge your credit card for the amount due for the entire “Rental Period” (as defined below).  By acknowledging this Agreement, you also authorize GCHC - SGCR to charge Renter’s credit card for any late, lost, stolen, broken, non-returned fees, and for all other amounts payable under the terms and conditions of this Agreement.  Please see Section III below for further details.

As a condition precedent to entering into this Agreement, you must be over the age of 18 and must be renting the Rental Equipment only for use within Spain .

I. RESERVATIONS

1. Lead Time:

For the best chance of obtaining the Rental Equipment you wish to rent, we ask that you make your reservation with the following advance notice (“Lead Time”).  Reservations for individuals should be made at least three days prior to the date you need the equipment.  Reservations for Groups, which is defined as 6 or more sets on a reservation or 6 or more individuals establishing reservations under the same event or promotion code, should be made at least two weeks in advance.  “Lead Time” is calculated as follows:  If a reservation is placed before 12:00 p.m. (noon) GMT Time, then the day that the reservation is made will be deemed the date of the reservation.  Reservations made after 12:00 p.m. ( noon ) GMT Time will be deemed to have been made on the next calendar day.

2. Subject to Availability:

We will make all reasonable efforts to provide you with the Rental Equipment you desire. However, please note that due to unknown factors such as Rental Equipment not being returned on time, insufficient Lead Time, lost or stolen equipment, etc., all of our Rental Equipment is subject to availability.  If the Rental Equipment you desire is unavailable, we may ask you to make alternative selections.

3. Reservation Cancellations:

You may cancel this Agreement at any time prior to the “First Rental Day” (as defined below) by notifying GCHC-SGCR in writing (including by E-mail) of your desire to cancel.  Reservations cancelled less than 48 hours before the First Rental Day will be charged one-day’s rental for the type of set ordered (standard or mixed).

4. Unused Reservations:

a. Reservations for Rental Equipment that is scheduled to be picked up at a facility designated by GCHC-SGCR will be kept for 12 hours and then cancelled if the Rental Equipment is not picked up.  A one-day charge will be applied to your credit card.

b. Reservations for Rental Equipment that is delivered to a hotel and not picked up from the front desk within twenty-four (24) hours of delivery will be cancelled, and the Rental Equipment will be returned to GCHC-SGCR.  A one-day rental, plus any applicable delivery charges, will be charged to your credit card.

c. If the person you designate to accept delivery is not at the scheduled delivery location within 15 minutes of the scheduled time for delivery, then the reservation will be cancelled and your credit card shall be charged for one day’s rental, plus any applicable delivery charges.

5. Changing Reservations and Extension of Rental Period:

We will do our best to accommodate any changes that you may wish to make to your reservation, including any extensions that you may wish to make to the “Rental Period” (defined below).  Please note, however, that any such changes are subject to availability, particularly when requested within 3 or less days of your First Rental Day. 

II. PICK UP AND DELIVERY

1. Pick-up of Clubs and Accessories:

Rental Equipment may be picked-up by one of two ways:

a. You may pick-up the equipment at a facility designated by GCHC-SGCR; or as agreed per booking instructions

b.  You may arrange for GCHC-SGCR to deliver the equipment to you Free of Charge excluding delivery location change with less than 12 hours notice. Please note the following:

(1)  If you arrange for delivery to a hotel with a front desk, then delivery may be accepted and signed for on your behalf by the hotel/motel’s front desk.  Please note that you will remain responsible for the equipment if you arrange for this type of delivery, even though it is left with the hotel front desk. 

(2)  If you arrange for delivery to a location other than a hotel with a front desk (e.g., a house, condominium, apartment complex, golf course, or other location), either you or a responsible adult that you designate to GCHC-SGCR in advance, must be personally present to accept and sign for delivery.  If neither you nor the person you designate to accept delivery is at the designated location within 15 minutes of the scheduled delivery time, then the reservation will be cancelled and your credit card will be charged for one day’s rental, plus any applicable delivery charges.

2. Return of Clubs and Accessories:

The Rental Equipment may be returned to GCHC-SGCR by one of two ways:

a. You may return the equipment to a facility designated by GCHC-SGCR; or

b. You may arrange for pick-up of the Rental Equipment by GCHC-SGCR at your designated location. Unless your designated location is a hotel with a front desk, you or a responsible adult that you designate must be present while a GCHC-SGCR representative checks in the equipment as an authorized return.  You do not have to be present if your designated pick-up location is a hotel/motel with a front desk. 

3. Repossession of Rental Equipment:

GCHC-SGCR reserves the right to demand the return of the Rental Equipment or to repossess the Rental Equipment at any time and for any reason.  This is particularly the case if the Rental Equipment is being used in a manner that violates the law, violates the terms of this Agreement, or if the Rental Equipment appears to be abandoned.  Renter waives, to the extent permitted by law, any and all rights to prior notice and/or hearing prior to the repossession of the Rental Equipment by GCHC-SGCR, or by GCHC-SGCR employees, agents, affiliates or assigns. In the event of repossession, GCHC-SGCR reserves the right to charge your credit card for the full Rental Period or for any period thereof.

III.  PAYMENT

1. Prices:

All rental prices shall be as listed on the website, and are subject to change without notice until you book your reservation.  All purchase prices are also subject to change without notice until you make your purchase. 

GCHC-SGCR will charge your credit card for the amount due for the entire Rental Period when you make your reservation.  Cancelled or changed reservations shall be subject to refunds or charges on your credit card pursuant to the terms of this Rental Agreement. 

2. Credit Card Payments Only:

All rentals and purchases that you make through GCHC-SGCR will be transacted by means of a valid credit card at the time of making a reservation and/or purchase.  Renter hereby authorizes GCHC-SGCR to charge Renter’s credit card for any amounts due plus any late, lost, stolen, broken, non-returned fees, and for all other amounts payable under the terms and conditions of this Agreement.

Calculation of Rental Period:

The Rental Period begins on the first day you rent the Equipment (the “First Rental Day”) and ends on the day you return the Rental Equipment to us (the “Last Rental Day”).  The “Rental Period” includes the First Rental Day, the Last Rental Day, and all days in between.  If you receive the equipment after 12:00 p.m. ( noon ), you will not be billed for that day as a rental day.  Likewise, customers returning the equipment before 12:00 p.m. ( noon ) will not be billed for that day as a rental day.  The exception to this is when clubs are delivered or picked-up to/from a golf course, in which case, the entire day is a rental (billing) day.

4. Possible Additional Charges to Your Credit Card:

In addition to charges for the Rental Period, we may charge your credit card with following additional charges, under the following circumstances:

a. Failure to Return the Equipment:  You are obligated to return the equipment to us on the Last Rental Day or upon our demand if we demand the return of the equipment sooner.  Your failure to return the equipment to us for any reason, including if the equipment was lost or stolen may result in our charging your credit card the full amount of the manufacturer’s suggested retail price for the equipment, in addition to any charges for the Rental Period.  We also reserve the right to file a police report against you or any other party, and you hereby waive all claims against GCHC-SGCR for any consequences resulting from GCHC-SGCR making such report. 

b. Damage to the Equipment: You are obligated to return the Rental Equipment to us in the same condition, normal wear and tear from proper use excepted, as we rented it to you.  If you fail to do so, we may charge your credit card in a sum sufficient to fully restore the equipment to its condition at the start of the Rental Period.  The amount we charge for these repairs shall be in our sole discretion.  Such charges shall not, however, exceed the manufacturer’s suggested retail price for the damaged equipment.

IV. RENTER’S REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION


1. Representations and Warranties:  You hereby represent and warrant to us as follows:

a. You are at least 18 years old and possess the legal authority to enter into this agreement.

b. You will be financially responsible for all of your rentals and purchases from GCHC-SGCR, as well as for the use of your name and credit card by members of your household.

c. All information supplied by you or members of your household to GCHC-SGCR will be true and accurate. 

d. You and any others for whom you may be renting or purchasing equipment from GCHC-SGCR are in sound medical condition.

e. You or others for whom you may be renting or purchasing equipment from GCHC-SGCR understand that unique risks are involved in the game of golf and in using the equipment and you hereby assume such risks. 

f.  You and others for whom you may be renting or purchasing the equipment possesses the skill, knowledge, and experience to use the Rental Equipment in a safe and proficient manner that does not cause harm to yourself or others, or damage to the Rental Equipment (ordinary wear and tear excepted).

g. You will not transport or use the Rental Equipment outside the COSTA DEL SOL Spain.

h. You will comply with all laws, ordinances, and governmental rules and regulations, if any, relating to the use of the Rental Equipment.

i.  You will report to GCRC-SGCR immediately any material damage to or loss of the Rental Equipment.

2. Indemnification:  You hereby indemnify and hold harmless GCHC-SGCR and its officers, managers, board of directors, members, employees, agents, affiliates and assigns for any loss, liability, damages and expenses that such entities may incur arising out of your use of the Rental Equipment, or any breach of any representation, warranty, covenant, agreement or obligation made by you under this Agreement

V.  DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY

GCHC-SGCR is neither the manufacturer of nor a manufacturer’s agent for the Rental Equipment.  It is providing the Rental Equipment to you only in accordance with the terms and conditions of this Agreement.  Please read carefully the limitations below:

1. Warranty Disclaimer:  THE EQUIPMENT IS BEING RENTED AND/OR SOLD TO YOU ON AN “AS IS” “WITH ALL FAULTS” BASIS.  YOU BEAR THE ENTIRE RISK AS TO THE QUALITY OR PERFORMANCE OF THE EQUIPMENT.  SHOULD THE EQUIPMENT PROVED DEFECTIVE FOLLOWING ITS RENTAL OR PURCAHSE, YOU, AND NOT GCHC-SGCR, ASSUMES THE ENITRE RISK.  GCHC-SGCR HAS NOT MADE, DOES NOT MAKE, AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE RENTAL EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ITS DESIGN, PERFORMANCE, CONDITION, MERCHANTABILITY, OR FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE. 

2. Limitation of liability: RENTER HEREBY RELEASES, WAIVES, DISCHARGES, COVENANTS NOT TO SUE AND AGREES TO HOLD GCHC-SGCR AND ITS OFFICERS, MANAGERS, BOARD OF MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES AND ASSIGNS (EACH, A “RELEASED PARTY”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, LEGAL PROCEEDINGS (CIVIL OR CRIMINAL), FINES OR OTHER DAMAGES ARISING OUT OF RENTER’S RENTAL OR USE OF THE RENTAL EQUIPMENT.  SUCH RELEASE SHALL INCLUDE, BUT NOT BE LIMITED TO ANY INJURY, DAMAGE OR LOSS TO RENTER’S PERSON OR PROPERTY WHICH MAY BE (A) CAUSED BY ANY ACT, OR FAILURE TO ACT, BY ANY RELEASED PARTY, INCLUDING, BUT NOT LIMITED TO, BY WAY OF ANY SUCH PARTY S NEGLIGENCE (WHETHER PASSIVE, ACTIVE, SIMPLE, WILLFUL OR OTHERWISE), OR (B) SUSTAINED BY RENTER BEFORE, DURING, OR AFTER THE RENTAL PERIOD.  GCHC-SGCR WILL NOT BE LIABLE TO RENTER FOR ANY DAMAGES, INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES, OF ANY KIND CAUSED DIRECTLY OR INDIRECTLY BY, OR ARISING FROM THE RENTAL EQUIPMENT, ITS USE, OPERATION OR FAILURE TO OPERATE, MAINTENANCE OR FAILURE TO BE MAINTAINED, OR BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE OF THE RENTAL EQUIPMENT. RENTER HEREBY ACKNOWLEDGES THAT THE GOLF EQUIPMENT AND ACCESSORY MANUFACTURERS AND OTHER SUPPLIERS PROVIDING INFORMATION, GOODS, OR OTHER SERVICES FOR GCHC-SGCR ARE INDEPENDENT FROM GCHC-SGCR AND NOT AGENTS OR EMPLOYEES OF GCHC-SGCR OR ITS AFFILIATES.  GCHC-SGCR AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.

VI. NO ASSIGNMENT

Renter will not sell, assign, sublease or transfer any of Renter’s interest in this Agreement or the Rental Equipment.  Any such attempted sale, assignment, sublease or transfer is void and of no effect, and GCHC-SGCR shall have the right to immediately repossess the Rental Equipment and assess any applicable charges as specified in this Agreement.  GCHC-SGCR may sell, transfer or assign its interest in this Agreement or the Rental Equipment without the consent of Renter.

VII.  FORCE MAJEURE


GCHC-SGCR shall not be deemed to be in default of this Agreement if its performance is delayed or prevented by acts of God, public enemy, war, civil disorder, fire, flood, explosion, riot, labour disputes work stoppage or strike, any act or order of any governmental authority, or any other cause beyond the control of GCHC-SGCR.  

VIII. GOVERNING LAW/ MANDATORY ARBITRATION/ EXCLUSIVEVENUE

This Agreement shall be interpreted and governed pursuant to the laws of Ireland and without regard to conflict of laws provisions.  Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved under the Irish Court Jurisdiction in accordance with its rules, and judgment on the award rendered by the Court (s) may be entered in any court having jurisdiction thereof. The parties hereby irrevocably and unconditionally submit to the exclusive venue of the Irish Courts in the City of Dublin Ireland , and the parties hereby waive any argument challenging such venue.  Renter hereby agrees to pay all legal fees and expenses incurred by GCHC-SGCR in connection with the enforcement of the terms and conditions of this Agreement. 

IX. MISCELLANEOUS

Section headings are inserted in this Agreement for convenience of reference and will not affect the meaning or interpretation of this Agreement.  Any provision of this Agreement, which is unenforceable in whole or in part in any jurisdiction, will, as to such jurisdiction, be ineffective only to the extent of such unenforceability without invalidating any remaining provision of this Agreement.  Any change in this Agreement must be in writing and must be signed by the parties hereto.  Renter does not acquire any ownership or other interest in the Rental Equipment except as specifically set forth herein.  This Agreement constitutes the entire agreement between the parties.