Evolution Golf Dubai

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Terms & Conditions (Website)

Please read the following carefully.

Changes to the Web Site

The User acknowledges and accepts that evolutiongolfdubai.com may from time to time alter any aspect of the Web Site, or any of the services or products provided through the Web Site, as it thinks fit and without notice to the User. Further, evolutiongolfdubai.com may alter the Terms and Conditions at any time without notice. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.

User Conduct

The User warrants that in its use of the Web Site it shall:-

use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Web Site by any third party;
not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person;
without prejudice to the generality of paragraph (b) above, not upload, post, transmit or distribute any material or information in which the User does not own the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially or ethnically or otherwise objectionable; and
not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Web Site or of other Users' computer systems. visitscotland.com shall be entitled to remove any material or restrict or terminate your access to the Web Site in the even that any of the above warranties are breached.

Disclaimer

The contents of the Web Site (the 'Contents') are provided to the User by way of general background information only. The User should not rely on the accuracy of any part of the Contents. All prices mentioned were supplied by the operators themselves and to the best of our knowledge are correct. evolutiongolfdubai.com reserves the right to amend prices from time to time.

The User accepts and acknowledges that evolutiongolfdubai.com, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damage, loss, costs or expenses arising directly or indirectly from the User's downloading of any of the Contents from the Web Site, or its reliance on or use of any of the Contents for any purpose.

Without prejudice to the foregoing generality, evolutiongolfdubai.com hereby excludes, insofar as permitted by law, all warranties and representations, express or implied, in respect of any of the Contents, including but not limited to any information, names, images, pictures, logos and icons forming part of them, including but not limited to warranties of satisfactory quality, fitness for a particular purpose, non-infringement of third party rights or any law, compatibility, security and accuracy.

Hypertext Links

The Web Site and its Contents may incorporate links to the web sites and services of third parties. Such links are provided for the User's convenience only, and their provision does not constitute an authorisation by evolutiongolfdubai.com to the User to access such third party web sites, nor an endorsement of the content of such third party web sites by evolutiongolfdubai.com. The User acknowledges and accepts that evolutiongolfdubai.com is not, and shall not be held responsible for any damages, loss, costs or expenses arising from the use of such third party web sites, or products or services available through such third party web sites.

Copyright

Except where expressly indicated otherwise, copyright in all of the Contents of the Web Site belongs to evolutiongolfdubai.com or its third party licensors.

Notwithstanding the foregoing, evolutiongolfdubai.com hereby authorises you as a User to:-

view and display the Contents;
download the Contents and store them in your computer (for example in the browser's cache) for a period not exceeding thirty days, provided that the User also downloads this copyright notice; and
print out the Contents, provided that the User also prints an acknowledgement in the form set out below and attaches it to any printed copy of any of the Contents.

Form of acknowledgement required where the Contents (or any of them) are reproduced :
Â© 2008 evolutiongolfdubai.com Reproduced with permission.

Trade Marks

The names and logos identifying the Web Site and evolutiongolfdubai.com and its products and services are either (a) proprietary marks of evolutiongolfdubai.com or (b) marks which evolutiongolfdubai.com is licensed to use, and nothing in these Terms and Conditions shall confer on the User any licence of any such mark or of any other intellectual property right of evolutiongolfdubai.com (subject always to the above provisions relating to copyright).

Termination

evolutiongolfdubai.com reserves the right to terminate forthwith, or to refuse to permit, the use of the Web Site by any User, at any time and at evolutiongolfdubai.com absolute discretion.

General

These Terms and Conditions shall be deemed to include any other policies contained on the Web Site from time to time, including but not limited to rules relating to the data protection policy of evolutiongolfdubai.com, as set out in the 'Privacy Policy'. These Terms and Conditions, the Privacy Policy and any other specific terms of use appearing anywhere on the Web Site constitute the entire agreement of the parties in relation the use of this site, and the Terms and Conditions supersede any other agreements between the parties in this matter.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and Conditions and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

The rights of evolutiongolfdubai.com and the User under these Terms and Conditions may be exercised as often as necessary. They are cumulative and not exclusive of either party's rights under the general law, and may be waived only in writing. Delay in exercising or non-exercise of any right is not a waiver of that right.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. Any disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Scotland.

Non-Acceptance of the Terms and Conditions

If you do not accept these terms and conditions in full, you do not have permission to access the Contents of the Web Site and therefore should cease using the Web Site immediately.

Terms & Conditions (Packages)

Please read the following carefully.

General Notice

Many hotels and golf clubs in the Middle East insist upon deposit payments being made for advance reservations. Therefore in turn Evolution Golf Dubai requires a non refundable deposit payment per person prior to any bookings being made on behalf of the client.

Responsibility

Evolution Golf Dubai cannot accept any responsibility for losses or additional expenses due to changes made because of war or threat of war, riots, terrorism, civil disturbances, natural and nuclear disasters, fire, epidemics or health risks, technical problems with transport as well as flight delays/cancellations due to weather or mechanical reasons, government action, closed or congested airports, and similar events beyond our control.

Reservations and Payments

A Â£600 or 35% of total costs per person deposit is required for each land only package reserved. Balance of payment is to be made 70 days prior to departure, All prices on the website are in dollars (can be converted into local currencies) and payment transactions must be made in this currency. Short-notice bookings (within 30 days of departure) are subject to a fee of $100 for special delivery of travel documents.

Cancellation Policy

Cancellations made up to 70 days or more prior to departure - penalty equals deposit paid. Cancellations made between 70 - 0 days is non refundable. Evolution Golf Dubai recommends all its clients purchase travel insurance.

These Terms and Conditions apply to the Reservation (defined below). In order to make a Reservation, We expect You (defined below) to read through these Terms and Conditions carefully. If You do not agree to these Terms and Conditions, You may not make a Reservation.

1. Definitions

In these Terms and Conditions, the following words shall have the meaning set opposite:-

"Conditions"	means these Terms and Conditions;
"Deposit"	means $600 ($1 = 3.67 AED) or 35% (whichever is the greater) of the Price per person. Deposits for Dubai World Championship or Dubai Desert Classics (or any other major event in the region) is $875 ($1 = 3.67 AED) 40%; (whichever is the greater) of the Price per person;
"Itinerary"	means a personalised schedule produced by Us for You, containing a Package based on Your requirements;
"Package"	means the pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and which service covers a period of more than 24 hours or includes overnight accommodation:- (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the Package;
"Personal Information"	means information provided by You on creating an Itinerary or making a Reservation to include Your name, address, contact details and payment details;
"Price"	means the total price paid per person for the Itinerary;
"Reservation"	means the securing of the Itinerary, when the Deposit has been paid within 5 days of receiving your finalised Itinerary;
"Service Provider"	means any other party other than Us, who will provide services for the Itinerary including, but not limited to accommodation, transport and golf passes;
"Start Date"	means the date upon which the Itinerary commences;
"We/Us/Our"	means Evolution Entertainment and Events Ltd trading as Evolution Golf Dubai, a company registered under the Companies Acts (Registered Number: SC289750) having its registered address at 41 Owendale Avenue, Bellshill, North Lanarkshire, Scotland, ML4 1QZ
"You/Your"	means the person(s) making the reservation.

2. Your Itinerary

2.1

Your Itinerary will contain details of the following:-

2.1.1

Your travel destination and/or destinations together with details of dates and relevant periods of stay.

2.1.2

The location of accommodation; its tourist category or degree of comfort; its main features and the accommodation's compliance with the rules of the United Arab Emirates, if appropriate. Please note that if the accommodation is in any other member state of the Middle East, the Itinerary will state that the accommodation will comply with the compliance rules of that particular member state. All quotations are made based on rooms with private bath/shower at the hotels requested.

Once Your Reservation is made, and any accommodation in the Itinerary shown as subject to availability before the Reservation is made has been confirmed, no changes will be made without consultation and agreement with Us. Upgraded rooms are available for a supplementary charge in most hotels (subject to availability).

2.1.3

Details of any meals included.

2.1.4

Minimum number of persons required for the Itinerary to take place.

2.1.5

Details of any visits, excursions or other services which are included in the Price.

2.1.6

Our contact details and the details of any Service Provider.

2.1.7

The Price together with the payment schedule.

2.1.8

Details of any special requirements which You have expressed to Us and which have been accepted by Us and the relevant Service Provider.

2.1.9

Visa and Passport Information which apply to nationals of the European Community, including information about the length of time it is likely to take to obtain the appropriate passports and visas. We shall also endeavour to include any Visa and Passport information for nationals outwith the European Community.

2.1.10

Relevant Health Information.

3. Payment and Amendment

3.1

Full payment of the Itinerary is due at least 60 days before the Start Date of the tour. For Major events, the Price is due at least 120 days before the Start Date of the tour.

3.2

An administration fee of $60 will be charged for any amendments made by You to the Itinerary after the Reservation is made. All amendments are subject to availability and may incur extra charges.

3.3

Golf course fees and prepayments, along with certain other deposits are non-refundable at any time.

4. Price

4.1

We will endeavour to keep the Price as detailed on Your Itinerary at the time of Reservation, however the Price is subject to change (whether increase or decrease) due to variations in the following:-

transport costs, including fuel costs;
dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; and/or
applicable exchange rates.

4.2

Price increases will be made only up to 30 days before the Start Date of the tour.

4.3

No Price increase will be made in respect of variations which result in an increase less than 2% of the Price.

5. Cancellations

5.1

By You:-

5.1.1

Notification of cancellation must be forwarded in writing to Us as soon as possible at the email address - enquiries@evolutiongolfdubai.com. Cancellation fees will be charged to You to cover non-refundable charges incurred by Us in making Your Reservation, including administrative costs.

5.1.2

Cancellation fees are as follows:-

Golf Tour	Open Championship
70 days or more prior to start date Full Deposit	120 days or more prior to start date Full Deposit
70-0 days prior to Start Date Full Price	120-0 days prior to Start Date Full Price

5.2

By Us:-

5.2.1

Subject to Clause 6 below, the Deposit shall be refunded by Us, and any cancellation fees hereunder shall be reduced (i) in full, in the event of cancellation as a result of Our material breach of these Conditions, or (ii) in part (after the deduction of Our expenses) solely to the extent that the event is resold by Us, in the event of cancellation for any other reason.

5.2.2

Prior to the Start Date of the tour, if We cancel the Itinerary, we will endeavour where possible to:-

provide an alternative Itinerary of equivalent or superior quality; or
provide an alternative Itinerary of lower quality and pay You the difference between Your Itinerary and the substitute Itinerary. Failing which, You will be entitled to a full refund.

5.2.3

Where We fail to provide the Itinerary, You are entitled to cancel and be refunded any Price paid except: (i) where the number of persons who agree to attend the Itinerary is less than the minimum number required and where You are informed of the cancellation, in writing at least 60 days prior to the Start Date of the tour; (ii) where the Itinerary is cancelled by reason of Force Majeure.

5.3

Where it becomes apparent after the Start Date of the tour that a significant proportion of the Itinerary contracted for is not or cannot be provided, We will make suitable alternative arrangements, at no extra cost to You, for the continuation of the Itinerary and will, where appropriate, compensate You for the difference between the Itinerary to be supplied under the Reservation and those supplied. In the event that it is impossible to make such arrangements or if You do not accept the alternative arrangements for good reasons, We will, where appropriate, provide You with equivalent transport back to the place where the itinerary began or to another place to which You have agreed and will, where appropriate, compensate You.

6. Extraordinary Circumstances Leading To The Delay Of Travel

6.1

If it is impossible to travel to the U.A.E i.e. air travel has been suspended; or, if there is a code red type warning in the U.A.E i.e. a credible and imminent threat of a terrorist attack on Dubai 5 days or less prior to the Start Date of the tour, the following terms will apply:-

6.1.1

We will re-schedule the Itinerary subject to availability for a later date that year;

6.1.2

We will re-schedule the Itinerary into the following year with an additional charge of 15%.

Note: Reservations moved from Low to High season will be subject to the appropriate rate changes. This cost will be added to the original Price and invoiced to You at the point of change.

7. Transfer Of Bookings

7.1

Where You are prevented from proceeding with the Package, You may transfer the Package to another person ("transferee") who satisfies all the conditions applicable to the Package, subject to You providing reasonable notice to Us prior to the commencement of the Package. Please note that You and the transferee shall be jointly and severally liable to Us for payment of the balance Price and for any additional costs arising from such transfer.

8. Package Documents

8.1

Approximately 3 weeks prior to the Start Date of the tour You will receive Your personalised information pack containing all relevant documentation. This will include details about the transport provided (including times and places of immediate stops and transport connections if relevant); and accommodation e.g Sea view room the Burj Al Arab. The information pack will also include the name, address and telephone number of Our representative in the area of Your stay.

9. Unused Tour Services

9.1

Partly used or unused services included in the Itinerary, are non-refundable except as stated otherwise. No refunds will be made for any hotel accommodation, meals, golf, entry tickets, nor any other service not used due to flight delays, schedule changes or for any other reason, other than those stated in these Conditions.

10. Change Of Essential Terms

10.1

Where We must alter significantly an essential term of the Conditions, We will inform You of this change as soon as possible to allow You to take an appropriate decision; to include withdrawing from the Conditions without penalty or allowing Us to amend the Conditions. Any amendment by Us will specify the changes made and how these have impacted on the Price. You must inform Us of your decision in this matter within 5 working days.

12. Golf Handicap Certificate

12.1

If You are participating in golf You must carry a current Handicap Certificate and a general Letter of Introduction from Your home club, unless wavered by prior arrangement with Us. Golf Play can be denied on failure to produce this to the starter at many Emirati golf courses. Your Itinerary will detail the Handicap limit applicable to You for play during Your tour (based on the course with the lowest Handicap requirement).

13. Car Rental Information (if included)

13.1

Conditions for DUBAI

models used:

Group A - MANUAL - Fiat Punto, Ford Fiesta, Opel Corsa, Peugeot 106, Renault Clio, Holden Barina, Toyota Echo, Toyata Yaris, Mitsubishi Lancer Capacity: x4 Pax + x2 Small Luggage

Group B - AUTOMATIC - Fiat Punto, Ford Fiesta, Opel Corsa, Peugeot 106, Renault Clio, Holden Barina, Toyota Echo, Toyata Yaris, Mitsubishi Lancer Capacity: x4 Pax + x2 Small Luggage

Group C- AUTOMATIC - Citroen Xantia, Ford Mondeo, Nissan Primera, Opel Vectra, Renault Laguna, Holden Vectra, Honda Civic 1.8, Toyota Corolla 1.8 Capacity: x5 Pax + x2 Big Luggage + Small Luggage

Group D - AUTOMATIC - Opel Omega, Peugeot 605, Rover 620, Audi A6, BMW 5 Series, Toyota Camry, Honda Accord Capacity: x5 Pax + x1 Big Luggage + Small Luggage

NOTES: The car models listed are the cars commonly used, but we cannot guarantee the make or model of the hire car and the list are provided for guidance only.

The terms of Business and Insurance Cover are all subject only to the law of the UAE. What's Included? All prices are fully inclusive of unlimited mileage, third party insurance, collision damage waiver, theft waiver, airport surcharges, bail bonds (where needed) and all local taxes unless otherwise stated.

13.2

DAMAGE EXCESS WAIVER - (Optional)

Yet another way of ensuring for just USD 4.00 per day, damage excess refund offers you reimbursement for any excess paid as a result of accidental damages whilst renting your car. Damage excess waiver must be purchased at the time of booking.

Terms and Conditions are:
On all bookings you will be required to leave a deposits to the value of any CDW excess you may be required to pay if the vehicle is damaged during the period of hire.

If the vehicle is damaged, the deposit will be retained and treated as payment of the excess. If, however, you have purchased the Damage Excess Waiver product, your liability to pay the excess will be waived and you may reclaim it. Subject to the terms and conditions. Your liability to pay for damage to the vehicle will therefore be limited to the cost of the daily rate you pay for CDW and Damage Excess Waiver.

Damage Excess Waiver (and CDW) do not apply in relation to damage to windows/windscreens, wheels and tyres, the underside and the roof, the interior of the car, towing charges or where the vehicle is drive off-road or on un-tarmacked roads, without due care and attention, negligently or where the driver is under the influence of alcohol or other drugs. Your liability to pay the cost of the damage will therefore not be waived in these circumstances and you may be liable for the full cost.

In the event that keys are lost or damaged, you will be liable for the reasonable costs of obtaining a replacement, and further costs if directly related to the theft of the car.

13.3

INSURANCE EXCLUSIONS AND EXCESS:

You may be charged an excess for damage or theft of the vehicle. The insurance policy does not cover damage to tyres, windows, the roof, the underside, the interior of the car, towing charges or damage caused wilfully or through negligence. You may therefore liable for the cost of this damage. Insurance cover is not provided for the contents of the car in the event of theft.

In the event that keys lost or damaged you will be liable for the cost of obtaining a replacement. However, a police report must be obtained at the time of accident or in the case of damage. If a police report is not received by the car rental company all charges incurred will be the responsibility of the client even if CDW has been taken. No replacement vehicle will be supplied and rental charges will continue until a police report is received along with any other relevant documents. In addition for security reasons, we need to view client's passports.

13.4

DRIVERS AGE

Drivers under 25 or 65 years old please inform the reservations at the time of booking. Some age restrictions may apply in certain destinations, and in some cases there is young drivers charge payable locally.

13.5

DRIVING LICENCE

All drivers must possess their national driving licence held for at least one year (or in some cases an international driving licence). No refunds will be given for rentals rejected due to non-production of a driving licence or non-disclosed endorsements.

13.6

SPECIAL REQUESTS

Child seats: must be requested at the time of booking. For older children, it is recommended that you take your own booster seats.

14. Travel Insurance

14.1

We strongly recommend any persons wishing to travel, to arrange Travel Insurance independently. To assist you we would ask that you contact the following for further information: www.mytripinsurance.com.
Another company that offers comprehensive world-wide cover is: www.alltripinsurance.com. A number of other companies offering good cover can also be found on the Internet.

15. Liability

15.1

We are liable to You for the proper performance of the obligations contained in the Itinerary. We are not liable for any negligence or fault of any supplier or service providers.

15.2

We are liable to You for any damage caused to You by the failure to perform or improper performance of any of Our obligations under the Itinerary or Conditions except where failure or improper performance is attributable to (a) You; (b) a third party connected/unconnected with the Itinerary, which are unforeseeable or unavoidable; or (c) unusual and unforeseeable circumstances being beyond Our control, the consequence of which could not have been avoided, foreseen or forestalled, even if all due care had been exercised.

15.3

In the event You feel that any of the Package is not being supplied in accordance with the Itinerary or Conditions You must, at Your earliest opportunity, communicate this failure in writing to Us at the above address.

16. Force Majeure

16.1

We will not, together with Our Service Providers, be liable for injury, damage, loss, accident, delay, irregularity, changes or inconvenience caused by, but not limited to, the following: any force majeure health risks, reasons of war, threat of war, riots, civil strife, terrorist activity, or expense to personal property due to act or default of any hotel, carrier or any other company or person providing or rendering of the Itinerary.

16.2

We will not, together with the Service Providers, accept responsibility for any sickness, pilferage, labour disputes, machinery breakdown, government restraints, weather condition, defect in any vehicle or transportation or for any misadventure or casualty or any other causes beyond Our control.

17. Hotel-Government Taxation

17.1

The current rate of 20% is included in all Packages but is subject to change, if necessitated by Government Ruling without prior notification.

18. Method Of Payment

18.1

Payment of the Deposit can be made direct into Our bank account (account details available on request). Eurocheques are not accepted. Payment will be made in Pounds Sterling.

19. Data Protection

19.1

You shall consent and shall procure the party's on whose behalf You are making the Reservation, consent to his/her details being used for the purpose of the Itinerary as may be required under the Data Protection Act 1988 (as the same may be amended or re-enacted from time to time). We may use the main address or email address of You in relation to the Itinerary and the organisation of the Itinerary.

19.2

We undertake that We will not disclose any Personal Information belonging to You without Your prior written consent. We will hold all information about You securely, in accordance with our internal security policy and with U.A.E law. We will hold information about Your transactions with us for administrative and legal reasons, and will not disclose such information to any third party except as expressly set out hereunder or as required by U.A.E law, or for the purposes of U.A.E statutory audit.

19.3

We will hold Personal Information about You, including your name, address, phone number, email address, details of Packages You have bought, transaction information (the numbers, amounts and times of payment you have made to us), and billing address details.

19.4

We confirm that any Personal Information which You provide to us shall be used to organise and arrange the Itinerary in accordance with your instructions.

19.5

You shall allow us to obtain information about You from third parties from time to time including but not limited to your debit or credit card number or credit reports to authenticate Your identity, to validate Your debit or credit card, to obtain debit or credit card authorisation and to authorise transactions. This information will not be made available to third parties for credit assessment purposes.

20. Assignation

These Conditions shall be binding upon the parties and shall not be capable of novation, assignation or other transfer by You without the prior written consent of Us, which consent should not be unreasonably conditioned, withheld or delayed; provided that in all cases of assignation the assignee effectively undertakes to perform all the obligations of the assignor as though the assignee had been an original party hereto.

21. Governing Law

20.1

If any of the above conditions are deemed unenforceable by a court of law, the rest of the conditions shall remain enforceable.

20.2

These Conditions shall be governed by and construed in accordance with the law of the United Arab Emirates. Each party irrevocably agree to submit to the exclusive jurisdiction of the Emirati courts over any claim or matter arising under or in connection with these Conditions or the legal relationship established by these Conditions.