The following Booking Conditions together with our General Information form the basis of your contract with Matchplay Tours Limited t/as Matchplay Tours.  Please read them carefully as they set out our respective rights and obligations. 

In these Booking Conditions, "you" and "your" means all persons named on the booking (including anyone who is added or substituted at a later date).  "We", "us" and "our" means Matchplay Tours Limited. 

1.  Making your booking

To make a booking, you must complete our booking form.  This must be signed by the first named person on the booking ("the party leader").  The party leader must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By signing the booking form, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. The party leader is responsible for making all payments due to us.  The party leader must be at least 18 when the booking is made.

The completed signed booking form must then be sent to us together with the payments referred to in clause 2 below. 

Once we have received your booking form and all appropriate payments, we will, subject to availability, confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader.  Please check this invoice carefully as soon as you receive it.  Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.  We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within fourteen days of our sending it out.

If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to sales@matchplaytours.com

2.Payment

In order to confirm your chosen holiday, a minimum deposit of £250 per person (or full payment if booking within eight weeks of departure) must be paid at the time of booking.  A further deposit of 30% is required 12 weeks prior to departure. We must receive the balance of the holiday cost not less than 8 weeks prior to departure. This date will be shown on the confirmation invoice. Reminders are not sent.  If we do not receive all payments due (including any surcharge where applicable) in full and on time, we reserve the right to treat your booking as cancelled by you.  In this case the cancellation charges set out in clause 6 below will be payable.

All travellers must be insured - Please see clause 7 on the subject of insurance.

3. Your contract

A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader.  This contract and all matters arising out of it are governed by English law.  We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with by the Courts of England and Wales only. 

4. The cost of your holiday

The prices shown on our website are guide prices only. Any prices quoted to you (as applicable) by a consultant were calculated on the date stated on the quotation on the basis of then known costs and exchange rates as shown in the Financial Times Guide to World Currencies on that particular day.

We reserve the right to increase or decrease the prices of unsold holidays at any time. The price of your chosen holiday will be confirmed at the time of booking. 

Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances.  Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if transportation costs increase or decrease or our costs increase or decrease as a result of any adverse or favourable changes in the exchange rates which have been used to calculate the cost of your holiday. 

Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges), will we levy a surcharge.  If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to choose one of options (a), (b) and (c) as set out in clause 8 below. 

You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 8 below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.  We promise not to levy a surcharge within 30 days of the start of your holiday. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

We reserve the right to correct errors in both advertised and confirmed prices.  We will do so as soon as we become aware of the error.

Please note, changes and errors occasionally occur.  You must check the price of your chosen holiday at the time of booking.

5. Changes by you

Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible.  Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests.  Where we can, an amendment fee of £25 sterling per person/per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.

6. Cancellation by you

Should you or any member of your party need to cancel your chosen holiday once it has been confirmed, the party leader must immediately advise us in writing.  Your notice of cancellation will only be effective when it is received in writing by us at our offices.  As we incur costs from the time we confirm your booking, the following cancellation charges will be payable.  Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges.  Insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling. 

Period before departure within which written notification of cancellation is received and cancellation charges incurred per person cancelling

56 days or more                                                                                                   Deposit only

55 - 43 days                                                                                                         30% total holiday price

42 - 29 days                                                                                                         50% total holiday price

28 - 15 days                                                                                                         75% total holiday price

Less than 14 days                                                                                               100% total holiday price

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy.  Claims must be made directly to the insurance company concerned.

Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.

If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure.  Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £25 sterling must be paid before the transfer can be affected. 

7.  Insurance

We consider adequate travel insurance to be essential against cancellation charges, unexpected curtailment of your holiday, medical expenses arising overseas, loss or damage to luggage and personal liability claims against you. We will ask for you to provide details of your policy (insurer and policy number) on our booking form. Should you elect not to effect suitable travel insurance cover despite this advice, then you undertake on behalf of yourself and all members of your party to indemnify both ourselves and our overseas agents and representatives (where applicable) for any costs we or they may incur which would otherwise have been met had such insurance been taken out.

Please read your policy details carefully and take them with you on holiday.  It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. 

8. Changes and cancellation by us

We start planning the holidays we offer many months in advance.  Occasionally, we have to make changes to and correct errors in website and other details both before and after bookings have been confirmed and cancel confirmed bookings.  Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking 8 weeks or less before departure where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of "force majeure" as defined in clause 9 below.  We will not cancel after this date for any other reason.

Most changes are minor. Occasionally, we have to make a "significant change". "Significant changes" include the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of overall length of time you are away of twelve or more hours, the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period and, in the case of tours, a significant change of itinerary missing out one or more major destination substantially or altogether. Please note: inability to play on your chosen course due to bad weather or unplanned course reparations is an accepted risk when playing golf and will not constitute a significant change by us.  We will do our best to provide alternative arrangements for you should this situation occur but shall be under no obligation to do so.  All additional expenses involved in providing such alternative arrangements must be paid for by you.

If we have to make a significant change or cancel, we will tell you as soon as possible.  If there is time to do so before departure, we will offer you the choice of the following options:-

(a) (for significant changes) accepting the changed arrangements or

(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or

(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.

Please note, the above options are not available where any change made is a minor one. 

If we have to make a significant change or cancel 8 weeks or less before departure, we will pay you the compensation set out below subject to the following exceptions.  Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care and attention or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached - in this case we will notify you by the deadline specified in the details of the holiday in question. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time). 

Period before departure a significant change or cancellation is notified to you and Compensation per person (excluding infants)

56 days or more                                                                                                   Nil

55 - 43 days                                                                                                         £10

42 - 29 days                                                                                                         £20        

28 - 15 days                                                                                                         £30        

Less than 15 days                                                                                               £50

In all cases, our liability for significant changes and cancellations is limited to offering you the above-mentioned options and, where applicable, compensation payments.  We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. No compensation is payable for minor changes or where we make a significant change or cancel more than 8 weeks before departure. 

Very rarely, we may be forced by "force majeure" (see clause 9) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

9.  Force Majeure

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 10(1) below) as a result of "force majeure".  In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

10.  Our Liability to you

Please note: sub clauses (1) - (6) of this clause 10 apply only to bookings made with us from within the European Union.  If you are booking from outside the European Union then only clauses (7) of this clause 10 will apply to your booking (and not sub clauses (1) -(6)).

(1)           We promise to make sure that all parts of the holiday we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care.  We will accept responsibility if any death, personal injury, failure or deficiency of your holiday arrangements is caused by any failure by ourselves or our employees (providing they were at the time acting within the course of their employment) or our agents or suppliers (as applicable) to use reasonable skill and care in performing or providing the service in question.  Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. 

We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -         

(a) the fault of the person(s) affected or any member(s) of their party or

(b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or

(c)           an event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause 9)

(d)           the fault of anyone who is not carrying out work for us (generally or in particular) at the time.              

In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.

Please note, we cannot accept responsibility for any services, which do not form part of our contract.  This includes, for example, any additional services or facilities, which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them and any excursion you purchase in resort.

(2) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided.  If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided.  This will be the case even if the services did not comply with the laws and regulations of your home country which would have applied had those services been provided there.   The exception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable holidaymaker to refuse to take the holiday in question.

(3) We limit the maximum amount we may have to pay you for any and all claims or parts of claims, which do not involve personal injury, illness or death.  Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total.  This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. 

Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £100 per person affected as you are assumed to have taken out adequate insurance at the time of booking.  Please also see clause 10(4) below. 

(4) Where any claim or part of a claim concerns or is based on any travel arrangements forming part of our contract with you (including the process of getting on and off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited.  The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens convention for international travel by sea). Please note:  Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money that you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

(5) This clause 10 is intended to set out our obligations to you as a tour operator/organiser in the light of the Package Travel, Package Holidays and Package Tours Regulations 1992. Please note, we regret we cannot make any payment to you or any member of your party if the person concerned is not entitled to one from us under these Regulations. 

(6) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights  which are transferred.

Subclause (7) below applies only to bookings made from outside the European Union.

(7) We limit our liability to you to the full extent permitted by the law or laws applicable to your booking.  We also reserve the right to rely on all and any defences available under that law or those laws to the full extent permitted by that law or laws (as applicable). In any event if we are found liable to you on any basis, whether contractual or otherwise, our liability and/or obligations to you will be no greater or different to the liability and obligations we would have under clause 10 (1) - (6) were they to be applicable to your booking from the outset.

11.  Complaints and problems

In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our representative and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible.  Until we know about a problem or complaint, we cannot begin to resolve it.  Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of the end of your contracted arrangements with us giving your booking reference and full details of your complaint. Only the party leader should write to us. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.  

12. Behaviour

When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party.  Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier.  If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party's full legal costs) as a result of your actions.

We expect all clients to have consideration for other people.  If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned.  In this situation, the person(s) concerned will be required to leave the accommodation or other service.  We will have no further responsibility toward such person(s) including any return travel arrangements.  No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

13. Conditions of suppliers.

Many of the services which make up your holiday are provided by independent suppliers.  Those suppliers provide these services in accordance with their own terms and conditions.  Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 10 (4)).  Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.

14.  Special requests and medical problems

If you have any special request, you must advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part.  Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. 

We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request.  All such bookings will be treated as "standard" bookings subject to the above provisions on special requests. 

If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking.  In any event, you must give us full details in writing at the time of booking.  If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details. 

15.  Excursions, activities and brochure information

The information contained in our brochure is correct to the best of our knowledge at the time of the brochure going to print. Our brochure descriptions may refer to activities which are available in the area you are visiting. We have no involvement in any such activities which are neither run, supervised nor controlled in any way by us. They are provided by local operators who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/centres and/or assist you in booking such activities in any way. Accordingly, we cannot accept any liability in relation to such activities and the acceptance of liability contained in clause 10 of our booking conditions will not apply to them. We cannot guarantee accuracy at all times of information given in relation to such activities or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control.

16.  Passports, visas and health requirements

The passport, visa and health requirements applicable at the time of printing to British citizens for the holidays we offer are shown elsewhere in this brochure.  A full British passport presently takes approximately 8 weeks to obtain.  Requirements may change and you must check the up to date position in good time before departure.  Information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices.  For European holidays you should obtain a completed and issued form E111 (details in leaflet T6 referred to above) prior to departure. 

It is the party leader's responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure.  All costs incurred in obtaining such documentation must be paid by you.  We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. 

If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country/countries to or through which you are intending to travel.   If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

17.  Financial security 

[Insert details of the financial security arrangements you have in place to refund clients' money and repatriate in the event of your insolvency.]  These arrangements mean your money will be refunded in the unlikely event of our being unable to provide your holiday due to our insolvency.  As we offer ground arrangements only, your travel arrangements to and from the starting point of your holiday with us are your own responsibility. 

18. Prices and Website Accuracy

Please note, the information and prices shown on this website may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the website and prices at the time of printing, regrettably errors do occasionally occur.  You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. 

This website is our sole responsibility. It is not issued on behalf of and does not commit any independent organisation/carriers whose services are featured in it. 

29.  Safety standards

Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of your home country.  As a general rule, these requirements and standards will not be the same as in your home country and may sometimes be lower.

30. Playing Conditions

Although the standard of golf courses is inspected on a regular basis, their actual playing condition may vary from time to time and we cannot be held responsible for the condition of the course during your break. 

The copyright in this document belongs to MB Law, Solicitors of King Charles House, King Charles Croft, Leeds LS1 6LA, telephone number 0113-242-4444.   Ref:  CGI/BAS.  All copies of these conditions must include the words Ó MB Law Solicitors