1. Legal notice - identification of the publisher :
This reservation service is offered by the company GOLFY CLUB RESEAU, SAS with a capital of 229.588 euros, registered in the RCS of MONTPELLIER under the number B 415 008 150, having its registered office at Domaine de Massane, 34670 BAILLARGUES (France), editor of the website www.golfy.frhereafter " GOLFY ".
GOLFY can be contacted at the following coordinates:
- By mail at the address: GOLFY CLUB RESEAU, Domaine de Massane, 34670 Baillargues,
- By email: email@example.com,
- By telephone: 04 89 51 12 57 from Monday to Friday from 9am to 1pm and from 2pm to 5pm, and on Saturday from 9am to 1pm (price of a local call from France, from a fixed line, excluding any operator surcharge).
Intracommunity VAT number FR 71 415 008 150
The publication director is Mr Alain JEANJEAN.
The host is SCOP.AS PHOENIX - 80 Rue François Guiavarch 29470 Plougastel-Daoulas - firstname.lastname@example.org
2. Scope of application - présentation of services :
The present general booking conditions (hereinafter the "GBC"), written in French, define the conditions applicable to any online booking of stays, understood as overnight accommodation possibly associated with services (catering, spa, green-fees, etc...), hereinafter the "Stays", offered by GOLFY's partner estates and hotels, hereinafter the "Partners", via the Internet site accessible at www.golfy.fr
It is specified that, within the framework of this service, GOLFY simply plays the role of a booking platform for the Stays on behalf of the Partners. In this respect, GOLFY acts as a simple intermediary, responsible for facilitating the booking of Stays. GOLFY only intervenes to display the offers, the availabilities and the rates of the Partners and to allow to make the link between the persons wishing to book Stays and the Partners.
Nevertheless, GOLFY is not in charge of the collection of the Stays, which is carried out directly by the Partners via a dedicated platform, nor of the conclusion, nor of the execution of the contract of reservation of Stays. The collection of the costs of the Stays as well as the conclusion and execution of the contract for the booking of the Stays are therefore the direct and exclusive responsibility of the Partners concerned.
It is specified that GOLFY does not charge the Clients, as this term is defined below, any commission for the provision of these services which it offers free of charge.
3. Acceptance and modification of the « GBC » :
Any individual or legal entity wishing to make a reservation for a holiday via the website www.golfy.fr will hereinafter be referred to as the "Client".
The Customer declares that he/she has the capacity to enter into a contract and to make a valid commitment under these GBC s.
Any booking of a holiday on the website www.golfy.fr implies the prior, complete and unreserved acceptance by the Customer of these GBC s.
The RGC are systematically brought to the attention of each Client before the validation of their reservation. The Client therefore declares that he/she has read and accepted the General Terms and Conditions by ticking the box provided for this purpose at the time of booking.
Acceptance of the GBC s also implies acceptance by the Client of the Partner's conditions of sale and services.
These RGC can be modified at any time at the initiative of GOLFY. The applicable version is the one in force at the date of the reservation. The Client is therefore strongly advised to consult the current version of the General Terms and Conditions before making any reservation.
If one or more stipulations of the present GBC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations retain all their force and scope.
4. Offers of Stays:
GOLFY allows Clients, via the website www.golfy.fr, to book Stays online with a Partner estate or hotel.
In this context, GOLFY acts as an intermediary on behalf of the Partner and is solely responsible for managing the booking of the Stays. The booking contract for the Stays is concluded directly between the Client and the Partner.
The Partners are independent establishments that have signed a partnership agreement with GOLFY. They can be only domains and hotels partners of GOLFY, either that they are members of the GOLFY network or that they are not members of it but that they concluded a contract of dedicated partnership with GOLFY.
The list of Partners is accessible on the website www.golfy.fr, via the following link: https://www.golfy.fr/golfs-et-hotels/. It can be modified at any time during the year.
In this respect, it is specified that not all Partners necessarily offer this service.
The Client may also consult the offers for Stays available for booking on the website www.golfy.fr. These offers are drafted and proposed by the Partners who are the only ones likely to determine their content and presentation and who are also the only ones able to package them (for example with packages combining accommodation and green fees).
Each offer specifies the essential characteristics of the Stay: the identity of the Partner, the name and address of the Partner's establishment, the dates available for booking, the type of accommodation offered as well as any associated services (green fee, breakfast, half-board, etc.), whether they are optional or included, the price of the Stay(s), indicated in euros including all taxes, as well as the applicable discount, if any. If the offer includes green fees, the following are also specified: the name and address of the golf course concerned, the different courses offered, the dates and times of reservation available, the number of places (players) offered, the price of the green fee(s), indicated in euros including all taxes, as well as the applicable discount, if any.
Discounts may indeed be applied to GOLFY e-Card holders, in accordance with the advantages usually conferred by the said GOLFY card.
The offers and prices of the Stays may be modified at any time at the initiative of the Partners who issue them. The offers and prices applicable are those in force on the date of the reservation. The total amount due by the Client is communicated to the latter before the final validation of the reservation, after deduction of any applicable discounts, particularly those linked to the use of the GOLFY card.
Each Partner also has its own terms and conditions of sale and services which it makes available to Clients either in its dedicated space on the www.golfy.fr website, or via a link inserted near each of its offers on the www.golfy.fr website.
Each Partner has its own internal regulations detailing the rules and conditions of access applicable to its establishment, available from the said Partner. The Client undertakes to read them before making any reservation or purchasing a Stay.
The Client, who alone is able to determine whether the Partner's establishment corresponds to his needs or to the needs of the persons for whom he wishes to book, can thus book with full knowledge of the facts.
The positioning and display criteria of the Partners' offers are conditional on the location and/or name information indicated in the search zone. By default and in the absence of a search, a random display is made of the offers.
Each Partner also has a dedicated page on the www.golfy.fr website and the icon offering online booking will be accessible on this page for Partners offering this service.
5. Reservation of Stays:
5.1 Creation of a customer account:
Online reservations for Stays are made according to the procedure described below.
Prior to any booking of Stays, and unless he/she is already the holder of a GOLFY e-card, in which case he/she will already be identifiable (*), the Customer must create a Customer account by filling in an account creation form including the following information: surname, first name (if he/she is a natural person), name of the organisation (if he/she is a legal entity), e-mail address, telephone number, postal address.
(*) It is indeed specified that the Customer does not need to create a customer account if he/she is already a GOLFY card holder. The Customer will be able to connect thanks to GOLFY identifiers (his e-mail address or his GOLFY card number) and his password.
The Customer will then have an identifier (his e-mail address) and a password allowing him to access his Customer account, contained in the secured part of the website www.golfy.fr.
The Customer's identifier and password are strictly personal and confidential. Their storage and use are the sole responsibility of the Customer.
In the event of loss of the identifier or the password, the Client undertakes to inform GOLFY without delay. Otherwise, any reservation on the website www.golfy.fr made by means of this identifier and this password will be presumed to have been made by the Client.
The information provided by the Client must be sincere, complete and detailed. GOLFY reserves the possibility of refusing or cancelling any reservation coming from a Client who would not have completely or exactly filled in the elements of his identity.
5.2 Steps of the reservation:
Once the account has been created, to make a reservation, the Client must follow the following procedure.
It is specified that a Client may make a reservation for him/herself directly or on behalf of other persons (especially when the Client is a legal entity).
- The Client chooses the Partner, the Partner's establishment, the holiday offer and any optional extras desired, the dates of the holiday, the number of people who are to benefit from the holiday, their age group, indicating whether they are golfers or not, and then clicks on "Book".
For each reservation, the Customer is also invited to enter the references of the GOLFY e-card that he/she is likely to hold in order to benefit, where applicable, from any reductions that may apply to the Stays or other advantages linked to the use of the GOLFY e-card.
If the holiday offer includes one or more green fees, the Customer is also invited to enter the surname, first name and e-mail address of the players as well as the Golfy card number and the licence number of the players (optional).
- At any time, the Customer can obtain a summary of his reservation, modify it and go back over the different stages by clicking on the "Previous/Modify reservation" button.
- If satisfied with the booking, the Client then clicks on the "Place order" button.
A summary appears indicating: the Partner, the Partner's establishment selected, the Stay offer and any associated options, the arrival and departure dates, the number of people concerned, their age range, whether they are golfers or not, if applicable a summary of the green fees booked, as well as the total cost of the booking.
The Client must then click on "Order and pay" to validate the reservation, it being specified that, in order to continue and click on the "Order and pay" button, the Client must first tick the box accepting these terms and conditions, which also implies acceptance of the Partner's terms and conditions of sale and services.
The final validation of the reservation requires payment.
- Once the final validation of the reservation has been made, the Client is redirected to a payment platform.
The Client can then proceed to the payment of the deposit under the conditions provided in the following article.
The Client has the possibility, until the final validation of the reservation, to return to it, modify it, cancel it or complete it.
A deposit of 30% of the total amount of the booking must be paid at the time of booking, by credit card (CB, Visa, MasterCard) via a secure online payment interface. The Client is therefore expressly warned that, in the absence of effective payment of this deposit, the reservation cannot be taken into account. In particular, if the payment of the deposit were to be revoked for any reason whatsoever, the reservation made would be immediately cancelled and the planned Stay not carried out.
It is specified that this payment goes through a dedicated payment platform (STRIPE) which is directly administered by the Partners, GOLFY not being involved in the payment process. The Customer is invited to refer to the general conditions of use of this payment platform to have more information on its mode of operation.
5.4 Confirmation of the booking:
Once the reservation has been validated and the deposit paid, the Client will automatically receive from GOLFY, at the address given at the time of the reservation, a confirmation e-mail, in French, summarising the reservation and in particular the total price of the Stay reserved, the Partner concerned, the establishment of the Partner concerned, the offer of the Stay booked and any associated options the dates of the Stay, the number of people, their age group, an indication of whether they are golfers or not as well as, if applicable, a summary of the green fees booked.
The Customer shall also receive a copy of these RMAs by e-mail in pdf format. The Customer acknowledges that the data recorded during the booking process constitutes proof of the transaction.
Proof of the bank transaction is sent directly by the payment platform to the Client. The invoice will be issued and given to the Client by the Partner, directly on site, when the Stay is carried out.
6. Cancellation - Modification of reservations:
6.1.1. Cancellation at the request of the Client:
The Client may cancel a reservation for Stays up to 48 hours before the scheduled arrival time. In this case, €5 per Stay will be retained for expenses.
No cancellation is possible less than 48 hours before the scheduled departure time. The Client will not be entitled to a refund of the deposit, regardless of whether or not the beneficiaries have actually taken advantage of the Stays booked.
Cancellation of the booking of a Stay automatically entails the cancellation of all associated services and in particular any green fees that may have been attached to it.
6.1.2. Cancellation at the initiative of the Partner:
In the event of cancellation of one or more Stays by the Partner, the Customer will be notified directly by the Partner. The Partner will then offer the Customer a credit note or a refund, as the Customer chooses.
6.1.3. Refund procedures:
The refund is made by the Partner.
The refund is made by transfer to the bank account provided by the Client at the time of booking or by cheque.
Only the deposit actually paid will be refunded, to the exclusion of any other compensation. No expenses of any kind whatsoever will be refunded or compensated.
6.2. Possible modification of the reservation at the request of the Client before the start of the Stay with the Partner:
If the Client wishes to modify his/her reservation, he/she must contact the Partner directly. The Partner may, without obligation, propose modified booking conditions. Additional costs may be applied by the Partner, which must be paid by the Customer directly to the Partner.
6.3. No right of withdrawal:
As these are tourist stays, the reservations for Stays relate to non-residential accommodation activities that must be provided on a specific date or during a specific period. Consequently, it is recalled that the legal right of withdrawal is not applicable, in accordance with the provisions of article L.221-28, 12° of the Consumer Code.
7. Access to the course (in the event that the Stay offer selected by the Client includes one or more green fees):
Each green-fee reservation is only valid for the date and time selected at the time of reservation and indicated on the e-mail summarising the reservation.
Each green fee reservation is personal to a player and cannot be assigned, transferred or given in any way whatsoever to anyone else.
Each player for whom the Customer has booked a green fee must go to the reception of the golf course where the green fee has been booked with his confirmation e-mail in order to collect his green fee before the start of play.
The Client is informed - and undertakes to inform each player - that, in accordance with customary practice, they should arrive at the golf course at least 15 minutes before the tee time selected at the time of booking and indicated on the confirmation e-mail. Failure to do so may result in the player's entry being refused by the golf course, without this entitling the player to a refund of the green fee or to any financial compensation.
8. Obligations of GOLFY - Liability:
8.1 Responsibility of GOLFY:
GOLFY undertakes to provide its best efforts to make the website www.golfy.fr and the Stays reservation service available 24 hours a day and 7 days a week, independently of maintenance operations.
However, due to the very nature of the Internet, GOLFY cannot guarantee that the Site will function 24 hours a day and 7 days a week. Consequently, GOLFY cannot be held responsible for any inconvenience or damage linked to the use of the Internet network, a break in service, an external intrusion or the presence of computer viruses.
It is moreover expressly agreed that, given the nature of its intervention, the obligations supported by GOLFY are obligations of means.
In a general way, the responsibility for GOLFY could thus be committed only in the event of fault or proven negligence. In all the cases, the responsibility for GOLFY is limited to the only direct and foreseeable prejudices, with the exclusion of all indirect prejudices.
Consequently, GOLFY will not be able to incur in any circumstance of responsibility in conformance with the losses or indirect or unforeseeable damage of the Customer or the thirds, which includes in particular any moral prejudice, missed gain, loss, inaccuracy or corruption of files or data, commercial loss, loss of turnover or profit, loss of clientele, loss of a chance, cost of the obtaining of a product, a service or technology of substitution, in relation or resulting from the non-execution or from the faulty execution of the services
8.2 Responsibility of the Partners:
The service offered by GOLFY is limited to managing the booking of Stays. Consequently, its responsibility cannot in any way be engaged within the framework of the relations likely to be established between the Clients or the players, on the one hand, and the Partners, on the other hand.
The Client is reminded that the offers of Stays put on line on the site www.golfy.fr are proposed and written by the Partners themselves. GOLFY does not intervene in the formulation or the presentation of the offers but simply takes care of their distribution. Consequently, GOLFY cannot bear any responsibility whatsoever in this respect, being simply a host in the sense of article 6 of the law for confidence in the digital economy n°2004-575, known as LCEN, of 21 June 2004. In particular, GOLFY cannot guarantee the accuracy, integrity, quality, topicality or content of these holiday offers.
The Customer is also reminded that the Partner is exclusively responsible for the conditions of execution of the contract for the booking of Stays and the running of the Stay booked online. Consequently, GOLFY may not, under any circumstances, be held liable in this respect. In particular, the Client recognises that GOLFY bears no responsibility for the quality of the service provided by the Partner and that GOLFY cannot be held responsible for any inconvenience, damage or risk linked to this service and its use.
8.3 Force majeure :
The obligations of GOLFY will be suspended by right and without formality, and its responsibility released, in the event of the occurrence of events beyond its control such as for example the following events: work stoppage, strike or social conflict, decision of the authorities, power failure, fire, flood, earthquake, storm, riots, wars, epidemics, force majeure or fortuitous events retained by the jurisprudence of the French courts and tribunals, any circumstance beyond the control of GOLFY and preventing the execution of its obligations under normal conditions.
9. Intellectual property:
The website www.golfy.fr as well as all the texts, images, sounds, videos and, in a general way, all the elements which are contained therein are the exclusive property of GOLFY, of its associated companies or of third parties, in particular the Partners. Any reproduction, representation or use, total or partial, is strictly forbidden.
10. Processing of the Client's personal data:
Within the framework of its reservation or of the creation of its Customer account and, in a general way, of its exchanges with GOLFY, data with personal character of the Customer are collected and treated by GOLFY in its capacity of person in charge of treatment (such as for example the name, first name, e-mail address). The information collected concerns the Client as a natural person as well as the legal representatives, agents, employees and representatives of the Client as a legal entity as well as the persons for whom the Client is likely to reserve a Stay (hereafter the "Natural Persons").
In this context, GOLFY undertakes to comply with the applicable regulations on the processing of personal data and respect for privacy, and in particular with European Regulation n°2016/679 known as the "General Data Protection Regulation" or "GDPR" and the Data Protection Act rectified in particular by Law n°2018-493, known as "LIL 3", of 20 June 2018 and its implementing decree, as well as the rewriting order n°2018-1225 of 12 December 2018.
The GBCs are concluded for an indefinite period of time and apply for the entire duration of the use of the Stays booking services by the Client.
12.1 Disputes relating to booking contracts:
Disputes relating to booking contracts are settled directly between the Customer and the Partner concerned.
12.2 Disputes relating to these RMAs:
These RMAs are expressly subject to French law. Any dispute that may arise between GOLFY and the Client will be subject to the exclusive jurisdiction of the French courts.
In addition, it is specified that :
- With regard to professional Customers with the status of traders, any dispute, whatever it may be, linked to the present contract and in particular its validity, interpretation, execution and termination, will fall under the exclusive jurisdiction of the Commercial Court of Montpellier, except for specific imperative jurisdiction rules.
- With regard to individual Customers, in accordance with the provisions of article L.612-1 of the Consumer Code, the Customer having the status of consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a possible dispute which would oppose him to GOLFY. The Customer will be able to access the names, contact details and websites of the mediators listed on the website www.mediation-conso.fr.
In addition, the Customer is informed that the European Commission has set up a platform for the Online Settlement of Disputes, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr.