Terms and conditions
East Sands Golf Co. – Terms and Conditions
The terms and conditions herein will serve as the sole contract between you (the “Traveler”) and Bamboozle Dunes Golf Club Inc., doing business as East Sands Golf Co. (“ESGC”). When you secure the services of ESGC by paying your deposit, you do so with the implicit understanding that ESGC is your sole representative with respect to the services contemplated herein, and ESGC will thereby act as an agent between you and various suppliers/vendors and attempt to secure your travel arrangements. A completed registration form and initial payment are required before any reservations are made on your behalf. ESGC is not responsible for any Traveler’s unawareness of our Terms and Conditions and will require all Travelers to acknowledge and accept them (including our refund policy) upon registration and payment. These terms and conditions (the “Agreement”) describe what you are legally entitled to expect from us when you book your trip through us, in addition to the legal obligations you accept as a customer, that affects your legal rights. The terms “we”, “us”, “our”, and “ESGC” refer to East Sands Golf Co. together with its directors, officers, representatives, affiliates, contractors, agents, successors, and assigns. The terms “you”, “traveler”, “participant”, “customer”, and “client” refers to the customer visiting our website, and/or booking a reservation through us together with their heirs, executors, agents, successors, and assigns.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BOOKING AND ATTENDING A TRIP WITH US INVOLVES CERTAIN RISKS AND HAZARDS SET FORTH HEREIN INCLUDING, BUT NOT LIMITED TO:
Risks associated with the condition and maintenance of the properties and equipment used.
Risks related to the use of facilities and equipment, including the failure of ESGC to protect you from such risks.
Potential health and safety risks due to travel, environmental factors, and weather events.
Risks arising from interactions with representatives of EGC, suppliers, other participants, and third-party guests on the trip.
You acknowledge and agree that we may change these terms and conditions from time to time without notice and at our sole discretion and that those changes become effective immediately. You agree to be bound by the terms and conditions that are in effect at the time of your travel and as may be amended throughout your travel. You expressly acknowledge and agree that it is your responsibility to be familiar with these terms and conditions and to check back from time to time for any changes.
You represent and warrant that (a) you are of sufficient age and of legal capacity to use our services and website and can create binding legal obligations in connection with your use, (b) you are authorized to act on behalf of those you represent (if applicable), c) you, as a group member accept these terms and will confirm so upon registration and payment, and (d) the information supplied by you is true and correct in all respects. You are responsible for informing such other persons you represent of all terms and conditions applicable to their travel arrangements as if they were bound by the obligations imposed on you pursuant to this contract. You understand that you are financially responsible for any use of our services or website by you and those for whom you make bookings including any liabilities, whether known or unknown, associated with such use.
Price
The total trip price is a fixed price, as stated in the presented proposal/itinerary and is stated in Canadian dollars. ESGC converts all prices from foreign currencies to Canadian dollars at its discretion and cannot be held liable for fluctuations in exchange rates from time to time. Because our supplier contracts prohibit such, the ESGC package prices cannot be itemized.
All airline arrangements are solely between the traveler and the airline(s) and entirely separate from the ESGC ground tour arrangements; ESGC shall have no obligations in respect of air travel arrangements nor any liability incurred in relation to air travel. Air travel is not included in the price of the trip and cancellation, interruption, or modification charges or damages associated with air travel will be governed by the terms and conditions of the airline. Trip participants should NOT purchase air travel tickets to or from the destination until notified by ESGC that the trip has reached the minimum number of participants necessary for the trip to occur. If participants purchase air travel before confirmation is received and the trip is then canceled or changed either by the guest or by ESGC, ESGC will not be responsible for the expense of the ticket and any associated liabilities. ESGC is not responsible for any costs, fees, restrictions or charges whatsoever for airline tickets, arrangements, delays, cancellations, etc. If any extra ground transfers (or modifications thereto) are required outside of those included on the trip summary, they are the sole responsibility of the traveler and not ESGC.
Payments
Payment schedule
A 50% deposit is due upon booking the trip.
The remaining 50% is due 90 days before the trip begins.
ESGC accepts payment by bank transfer (ACH), checks, and online payments by credit card (Visa or MasterCard only). You will be required to accept our Terms and Conditions including our refund policy before making each payment. The trip price does not change whether payment is made by check, ACH, or credit card. A completed registration form and the payment of a deposit for each traveler is required prior to ESGC confirming registration and such amount is stated in the trip summary. By registering and paying the deposit, the traveler thereby agrees to be bound by and accepts all terms and conditions contained therein. A final payment is due from all group members per the above payment schedule. In order for our suppliers to confirm your reservation, we are obligated to make payments to them well in advance of your trip. If we do not receive any payment in full and on time, we reserve the right to treat your booking as canceled by you and you shall forfeit all or any portion of the deposit you have provided (if any). We reserve the right to refuse a booking without giving any reason and shall in that event only return any deposit received.
Cancellation (by traveler) fee schedule
Cancellation must be in writing.
50% of the trip price if cancellation occurs up until 121 days prior to departure
75% of the trip price if cancellation occurs between 120 days and 62 days prior to departure
100% of the trip price if cancellation occurs within 61 days of departure
ESGC strongly recommends travel insurance to protect you in event of your cancellation solely in respect of airfare. Notification of cancellation must be received by ESGC in writing and is considered effective on the date it is actually received by ESGC. No refunds will be issued for any unused portions of your trip package, and ESGC will not issue refunds for missed tee times, accommodations, etc. due to disrupted air travel or other delays beyond our control.
Transferability of payments
All your payments are transferable to anyone you may find to replace you on the trip less $200
All your payments can be refunded less $200 should the trip be full and have a waitlist with someone from the waitlist willing to take your place
Cancellation by ESGC
ESGC reserves the right to cancel the trip if a minimum number of travelers have not registered by the deadline noted in the trip details. Only if ESGC cancels the trip will all payments be refundable (net of any costs incurred by ESGC in connection with organization of the trip, including down payments, reservations costs, and other expenses reasonably incurred by ESGC, plus applicable taxes).
Changes
ESGC reserves the right to make changes to its published itineraries due to reasons beyond our control at its sole discretion. In such cases, we will make commercially reasonable efforts to arrange the substitution of comparable services. As an example, changes may include the following: change of accommodation to another of the same standard, any change in the itinerary due to holiday, facility closure or weather, and any minor itinerary change where we make a reasonable substitute. ESGC will not be responsible for delays prior to the departure of the trip, during the trip or at any time and will not be responsible for any additional cost or loss which may be caused as a result of these delays. If a course is officially closed, either before you begin play or after play has begun, refunds are entirely at the discretion of the course management and ESGC shall have no responsibility to secure or issue any refunds. It is understood that nature is a factor in these trips and cannot be guaranteed.
Force majeure
We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury (whether physical or mental), death, inconvenience or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authorities, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, border closures, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control.
What’s included
The trip summary as presented when you booked the trip details what is included in your trip at the package price shown.
What’s not included
Any items and matters not expressed referred to in your itinerary (as may be amended by ESGC at its reasonable discretion) are not included in the trip price. This includes, but is not limited to, items such as airfare, checked and/or excess baggage; passport and visa fees; trip protection and/or insurances of all kinds (unless specifically included); caddies; carts (unless specifically included); pull carts; rental vehicle fuel; rental vehicle optional insurance (which often reduces the deductible and provides extended coverage); laundry; phone calls; minibar; beverages and meals not detailed as included in your trip summary; sightseeing excursions or entrance fees unless specifically included; and and/all items of a personal nature. Additional taxes and surcharges may be collected by foreign governmental and non-governmental entities. The price does not cover costs and expenses, including your return home, if you leave the trip whether of your own volition, our decision based on behavior that disrupts the trip, due to illness, action by any government or other reason. This list is illustrative and not a complete list of every item that is not included.
Travel protection plan
A Travel Protection Plan (travel insurance) coverage for accident, baggage, golf equipment and trip cancellation protection is highly recommended. TravelSafe / GolfSafe coverages can include Cancel For Any Reason (CFAR), Trip Cancellation payments protection, Travel Delay expenses, Emergency Medical Expenses or Evacuation/Repatriation, Supplier Default, Baggage / Golf Equipment loss or damage, etc.
You may purchase any travel protection insurance on your own with a supplier of your choice. ESGC is not qualified or authorized to answer technical questions or recommendations about the benefits, exclusions, and conditions of various travel insurance plans and makes no representations or warranties in regard to travel protection insurance. ESGC cannot evaluate the adequacy of any insurance coverage. If you have any questions about your travel protection, you must call your respective travel insurance company, agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance upon entry. ESGC cannot be held responsible for denied entry if a traveler is unable to provide sufficient details to authorities of insurance or is denied entry for any reason. It is advisable to always carry proof of your personal health insurance policy and/or your travel insurance policy with you at all times.
Declining travel protection coverage could result in the loss of your travel investment and/or require additional money to correct a situation. You acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, ESGC will not be liable for any of your losses, whatever the cause.
Pre-existing medical conditions/disabilities
Many destinations may not be suitable for travelers who use a wheelchair or have a lack of mobility. However, if asked before booking, ESGC can create an itinerary for you that takes into consideration your level of mobility.
It is essential that you advise ESGC before booking if you do have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process), so that we can assist you in considering the suitability of the arrangements and/or in making the booking. Full details must be confirmed in writing at the time of booking and when/if any change in your condition or disability occurs. ESGC will make all reasonable efforts to accommodate requests but cannot be responsible if disability accommodations are not available. Any accommodations provided will be at the sole expense of the guest requiring the accommodation. Please note that many accommodations outside of the USA may not be in compliance with or similar to the Americans with Disabilities Act and may not have adequate wheelchair accessibility.
The tour guides and tour leaders, if applicable, are unable to offer additional assistance to passengers with limited mobility and all such assistance will need to be provided by the passenger’s traveling companions. Participants with disabilities must notify ESGC in writing no later than the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. ESGC may request that you provide a letter from your doctor confirming your fitness to travel.
International travel documentation
By offering reservations for travel in particular international destinations, ESGC does not represent or warrant that travel to such areas is advisable or without risk. It is your responsibility to be aware of travel warnings and advisories as announced by your respective country’s authority. Should you choose to travel to a country that has been issued a travel warning or advisory, ESGC will not be liable for damages or losses that result from travel to such destinations.
Canadian and U.S. citizens, including minors, traveling outside Canada and the United States are required to carry a passport valid for 6 months after the return date, along with applicable visas. It is your responsibility to obtain proper documentation to travel, including but not limited to a passport, and any required visas, reciprocity fees, affidavits, immunizations, etc.
All other citizens, those traveling on non-Canadian or U.S. passports, or those arriving to or departing from a non-North American destination, should inquire with any applicable embassies or immigration authorities about entry/exit requirements for countries they are visiting, departing from, or returning to.
Such items as documentation, vaccines, insurance, or anything else that might be required are the responsibility of the Traveler. ESGC bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
In some countries you may be subject to and responsible for entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
Health
Recommended inoculations for travel may change and you should consult your doctor for current requirements or suggestions before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
The Traveler authorizes ESGC to seek medical treatment on their behalf in case of emergency and agrees to be responsible for all medical expenses incurred and to indemnify and hold harmless EGSC for any such expenses.
Liability
ESGC acts only as an agent between the Traveler and the owners or contractors providing transportation, accommodation, golf, and other services. All tickets and vouchers are subject to any and all terms and conditions under which transportation, accommodation, golf, and other services are offered or provided, and constitute the sole contract between the trip member and applicable supplier. By accepting the vouchers, and tickets, or utilizing the services, all customers agree that neither ESGC, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied. Therefore, ESGC, hold themselves free of responsibility for any damage(s) due to any cause including, without limitation, the negligence or gross negligence of ESGC, breach of contract, vicarious liability for any person’s act or omission, or breach of any statutory or other duty of care by ESGC. ESGC shall not be liable at any time, in any way, for loss, injury or damage arising from an act of nature, any force majeure, acts of government or de facto authority, government-imposed prohibitions, war, threat of war, civil unrest, any kind of hostilities, terrorist activities, industrial disputes, strikes, theft, robbery, sickness, heath risks, pandemic, accident, quarantine, immigration or customs regulations, hijacking, closure or congestion of airports or ports, breakdown, delay, cancellation, error, omission, inclement weather, storms, tempests, hurricanes, volcanic eruptions, delay or default of any person engaged in providing any tour services including transportation and accommodation and golf, construction or traffic, hotel closures, changes or cancellations of schedules by airlines, or any other cause beyond its control. ESGC shall not be liable for any injury, damage, or loss resulting from the neglect or fault of any company or person engaged in conveying passengers, or of any hotel proprietor or other person supplying services. Furthermore, ESGC reserves the right, without notice, to make any changes or cancellations, in part or in whole, as circumstances dictate (e.g., a fire damages a hotel so an alternative is necessary). Changes will be to be made to similar establishments of equal cost when possible on a commercially reasonable basis. ESGC is not liable for loss, damage, or theft of luggage or personal belongings, for personal injury, accident, or illness on any vehicle or at any place throughout the trip.
Additional risks
Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motorcoach, aircraft, and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation, sporting injuries or accidents, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are risks involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with ESGC to participate in such trips and activities you agree you will not make a claim against ESGC, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the trip. You expressly release and indemnify ESGC, its related companies and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a trip due to any cause including, without limitation, the negligence or gross negligence of ESGC, breach of contract, vicarious liability for any person’s act or omission, or breach of any statutory or other duty of care by ESGC. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs, legal representatives and assigns.
Where the guest occupies a motorcoach or other vehicle seat fitted with a safety belt, neither ESGC nor nor applicable suppliers, nor its agents or co-operating organizations or service providers will be liable for any injury, illness or death or for any loss or damages or claims whatsoever arising from any accident or incident, if the safety belt is not being worn at the time of such an accident or incident. This exclusion and limitation of liability shall not be used to imply that the Operator or its agents or affiliated entities are liable in other circumstances.
Your conduct
Each participant is expected to act responsibly and adhere to all rules, regulations, and behavior guidelines established by ESGC and our local suppliers as well as those of any properties or facilities used. ESGC and all local suppliers reserve the right to remove you from any trip, golf course, hotel, guesthouse, establishment or means of transportation if you endanger yourself or others or disrupt the general well-being of the facility or trip itself. In any such case, there will be no refund.
When you book with PGESGC you accept responsibility for any damage or loss caused by you and agree to take reasonable care of any properties visited, equipment, or facilities used. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid directly at the time to the applicable third-party claimant. You indemnify and hold harmless ESGC for the full amount of any claim (also including legal costs) made against us. ESGC is not responsible for any costs incurred concerning a guest removed from a trip, golf course, hotel, guesthouse, or means of transportation. Guests agree not to hold ESGC liable for any actions taken under these terms and conditions and to assume all risks associated with your trip. Baggage and personal effects are at all times the sole responsibility of the participant and ESGC cannot be held liable for any lost, damaged, or stolen items.
Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, representations, and warranties or understandings, whether written or oral, relating to the subject matter hereof.
Severability
If any provision (or portion thereof) of these terms and conditions shall be held unenforceable, such provision (or applicable portion thereof) shall be struck and the remainder shall remain enforceable.
Jurisdiction and venue
Should any claim or legal action be initiated to enforce any terms and conditions of this agreement or any legal action is initiated in any way, directly or indirectly, related to this agreement, the jurisdiction and venue for such claim or legal action shall be in Vancouver, British Columbia, Canada. These Booking Conditions and any agreement to which they apply are governed in all respects by the laws of the province of British Columbia and the federal laws of Canada applicable therein without regard to conflicts of law principles. All claims must be submitted in writing and received by ESGC no later than sixty (60) days after the completion of the ESGC organized trip. Claims not submitted and received within this time shall not be valid, subject to applicable law.
Accuracy
ESGC expends every effort to maintain accurate promotional materials, including our website(s). ESGC is not responsible for changes that may have occurred since publication of any materials and accepts no responsibility for any errors or omissions. These Terms and Conditions supersede any and all prior Terms and Conditions published by ESGC and any other representations and warranties (whether written or oral) made by ESGC, including, but not limited to, those which may have appeared in any brochure, website, or other publication.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND CONDITIONS AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND REPRESENTATIVES), INCLUDING THE RIGHT TO HOLD ESGC LIABLE AND/OR SUE ESGC, AND I FOREVER INDEMNIFY, RELEASE AND DISCHARGE ESGC FROM ALL LIABILITIES UNDER SUCH RIGHTS.
This contract between the traveler(s) and ESGC is considered to be consummated upon the payment of the first deposit by the traveler to ESGC. The traveler agrees to be bound by ESGC’s terms and conditions contained herein.