1. These Terms & Conditions (T&C) are to be considered integral part of all agreements signed with Lanegate Golf Media S.L.. Lanegate Golf Media S.L. provides its services exclusively based on these terms and conditions, so that declarations in contrary by a contractual partner, eventually even under allegation of his own terms and conditions, will be considered as not stated and therefore they will not be considered as integral part of the contract, even if Lanegate Golf Media S.L. does not explicitly contradict these declarations.
2. Lanegate Golf Media S.L. operates the Internet platform www.hotelsonthegreen.com, which allows a) golf clubs and providers of golf products and services, as golf articles manufacturers, merchants, travel agencies, hotels etc., to present and market their product range via Internet; b) allows golfers to update them selfs about the present offers, to book green fees and and to initiate and conclude contracts with the vendors.
3. Lanegate Golf Media S.L. is not the operator of the golf courts and hotels presented on this web site and does not have any control over the offer of the individual golf clubs and hotels. Lanegate Golf Media S.L. has furthermore no control over any of the other presented offers. Contracts are established directly between the golfer and golf club, respectively hotel or other vendors. Lanegate Golf Media S.L. is not acting as a broker and is not liable for the performance or quality of the contracts as it only acts as a presentation and information platform. Lanegate Golf Media S.L. is not liable for the fulfillment of the offered business activities nor for the creditworthiness of any party. Content and outline of the mutual obligations and their fulfillment is to be cleared directly between player and golf club, respectively hotel or other vendors under exclusion of Lanegate Golf Media S.L.. Lanegate Golf Media S.L. has specifically no control over the fact that the booked tee time will be respected, the court will be playable, etc. and has no control over the wording of the contractual agreements and clauses of the golf clubs and hotels, their rules and organization and other vendors.
4. The information on this web site was made available to Lanegate Golf Media S.L. by its contractual partners. Lanegate Golf Media S.L. is not liable for the correctness, actuality, integrity or the presented content. Lanegate Golf Media S.L. does evidently reserve the right to update, modify, or remove the information presented at any time whenever it deems this appropriate. This also applies to links that refer users to other web sites. Lanegate Golf Media S.L. evidently can not verify that the information presented by third parties, specifically illustrations or photos or wording, infringe personal rights, specifically copyrights and can not be held liable for this. Contents owned by Lanegate Golf Media S.L. are protected by copyright. The use or appropriation of these contents is only permitted for the specifically allowed purposes. Any other use or appropriation is a copyright infringement and therefore formally prohibited.
5. Users of this web page expressly give their full consent that the data supplied will be processed and be electronically transmitted. Lanegate Golf Media S.L. does not assume any responsibility for the way the data is processed or retransmitted by the receiver. Lanegate Golf Media S.L. is entitled to process and use this data for its own purposes.
6. The contractual partners commit them selfs formally to only send approved contents for publication on Lanegate Golf Media's S.L. web site. Specifically only such content is to be sent for which the contractual partner owns the full copyrights. Should any copyrights infringements be claimed, the contractual partner assumes the obligation to hold Lanegate Golf Media S.L. harmless and cover all related expenses. Lanegate Golf Media S.L. has the right to withdraw contents from the net if third parties make any related claims. Lanegate Golf Media S.L. Lanegate Golf Media's S.L. has no obligation to verify said claims. In this case Lanegate Golf Media S.L. will inform the golf club or hotel at once, so that it can oppose said claims in Lanegate Golf Media's S.L. place. The golf club respectively hotel herewith assumes the obligation to compensate Lanegate Golf Media S.L. for all related expenses.
7. The contractual partner of Lanegate Golf Media S.L. declares to be authorized to offer respectively to conclude this agreement, respectively, in the case of a joint signatory power, to be duly authorized by the corresponding organs to conclude specifically this agreement, and as a consequence, the agreement becomes effective based on his declaration.
8. The contractual prices are exclusively binding based on the written confirmation issued by Lanegate Golf Media S.L.
9. All payments become due within 14 days after reception of the invoice, without any deductions.
10. The customer obligates himself to pay moratory interests of 10 %-points above the basic interest rate applicable on the due date. Lanegate Golf Media S.L. has the right to claim further damages for each reminder in the amount of € 22,-, whereby the claim of higher collection expenses is considered explicitly agreed. Lanegate Golf Media S.L. has the right, but is not obligated to, in the case of delayed payment, to cancel any further service and to block access.
11. Lanegate Golf Media S.L. is committed to provide all its services with the due diligence of a scrupulous merchant. Its liability in cases of slight negligence is excluded by agreement. Any claims for any deficiencies are to be brought forward by the customer in writing immediately. Failure to do so will irremediably cause loss of entitlement to damages. The parties agree that deficiencies are to be brought forward within a maximum time frame of 6 months, independently of which legal ground they are based on. After expiration of this deadline the claim will be considered null and void, and therefore no affirmative defenses are to be accepted.
12. The completion of this agreement by Lanegate Golf Media S.L. is to be measured on the exclusive basis of this agreement, and any other declarations, by whomever, are not to be considered.
13. Lanegate Golf Media S.L. has to remedy any shortcomings through betterment. The customer can only request exchange or price reduction if Lanegate Golf Media S.L. refuses betterment in writing unsubstantiatedly or after the third betterment attempt fails.
14. The customer is required to inform Lanegate Golf Media S.L. in writing at once, by forfeiting any rights by lack of doing so, of any warranty claims he is confronted with by any third party that are related to this agreement.
15. Lanegate Golf Media S.L. is liable for any damages up to the limit of its contractually agreed net proceeds.
16. All copyrights in relation with the fulfillment of the contractual services remain with Lanegate Golf Media S.L. as far as there is no other written provision to the contrary in the agreement. As a consequence the contractual partner has not acquired any rights to use or commercialize the services provided by Lanegate Golf Media S.L. for any other than strictly the contractually agreed use or in connection with any other objectively, regionally or timely usage not contractually agreed. Should the customer violate this provisions, he will have to compensate Lanegate Golf Media S.L. in a adequate amount for this use that will be based on the amount agreed for the contractual services. Furthermore the customer will be liable for a penalty, which is not subject to judicial review, equal to twice the amount of the contract. The right to claim damages above this amount remains explicitly reserved.
17. Lanegate Golf Media S.L. has the right to transfer the rights and obligations originated in this agreement to a third party, which will step in place of Lanegate Golf Media S.L. in this agreement.
18. The client is not entitled to compensate possible claims against Lanegate Golf Media S.L. with claims originated in this agreement.
19. The contractual parties mutually agree that the reciprocally assumed obligations resulting from it are duly and fully described. In consequence, with the signature of this agreement, all other declarations, covenants or other statements in discordance with it are herewith no longer valid nor applicable.
20. Lanegate Golf Media S.L. sends data to its customers in standardized formats. The customer has to ensure that he has access to the required (specifically technical) resources. The customer can not derive any claim on this basis for breach of obligation by Lanegate Golf Media S.L..
21. The customer acknowledges the fact that Lanegate Golf Media S.L. can only provide its services within the limits of the legal framework. In case there is a change in the legal situation that prevents Lanegate Golf Media S.L. from providing part of its services, the customer has no right to request a partial reimbursement. Should said change provoke a cost increase, the customer obliges to fairly compensate Lanegate Golf Media S.L. for the additional cost incurred.
22. Lanegate Golf Media S.L. has the right to store and process electronically data in connection with this agreement and its fulfillment. Lanegate Golf Media S.L. can process data in cooperation with other companies within its group and can transmit it accordingly.
23. The client declares that he will only transmit data required for the fulfillment of this agreement which is subject to the Data Protection Act if this data does not contrary the legitimate interests of any third party. Lanegate Golf Media S.L. that is Lanegate Golf Media S.L. is not bound to verify the admissibility of the usage of this data. The customer will hold Lanegate Golf Media S.L. harmless against any eventual claims from third parties related to this.
24. Legal transactions with Lanegate Golf Media S.L. are subject exclusively to material law of Spain. Reference to the provisions of other legislations if any, are not applicable. The contractual parties agree to the exclusive jurisdiction of the regular courts of justice in Palma de Mallorca - Spain as the materially competent court for all disputes arising from the application of this agreement, or related to its violation, annulment or voidness. Lanegate Golf Media S.L. is entitled to present claims at the regular courts of the customer or other jurisdiction.
25. Modifications and complements to this agreement, as well as any legally relevant declaration to it require the written form. This requirement can only be overridden in written form.
26. The contractual parties are fully aware of their mutual obligations and their respective value. The contractual parties abdicate to challenge this contract, be it in court or through other legal entities, be it out whatever legal cause.
27. Should any one of the provisions in this agreement be or become null, the remaining part of the agreement will keep its validity. Null or void provisions are to be interpreted in such a way that the economic and legal purpose is met as much as possible. Subsidiarily the contractual parties undertake to replace null or void provisions with such provisions which meet the intended legal and economic purpose or come as close as possible to it.
2. Lanegate Golf Media S.L. operates the Internet platform www.hotelsonthegreen.com, which allows a) golf clubs and providers of golf products and services, as golf articles manufacturers, merchants, travel agencies, hotels etc., to present and market their product range via Internet; b) allows golfers to update them selfs about the present offers, to book green fees and and to initiate and conclude contracts with the vendors.
3. Lanegate Golf Media S.L. is not the operator of the golf courts and hotels presented on this web site and does not have any control over the offer of the individual golf clubs and hotels. Lanegate Golf Media S.L. has furthermore no control over any of the other presented offers. Contracts are established directly between the golfer and golf club, respectively hotel or other vendors. Lanegate Golf Media S.L. is not acting as a broker and is not liable for the performance or quality of the contracts as it only acts as a presentation and information platform. Lanegate Golf Media S.L. is not liable for the fulfillment of the offered business activities nor for the creditworthiness of any party. Content and outline of the mutual obligations and their fulfillment is to be cleared directly between player and golf club, respectively hotel or other vendors under exclusion of Lanegate Golf Media S.L.. Lanegate Golf Media S.L. has specifically no control over the fact that the booked tee time will be respected, the court will be playable, etc. and has no control over the wording of the contractual agreements and clauses of the golf clubs and hotels, their rules and organization and other vendors.
4. The information on this web site was made available to Lanegate Golf Media S.L. by its contractual partners. Lanegate Golf Media S.L. is not liable for the correctness, actuality, integrity or the presented content. Lanegate Golf Media S.L. does evidently reserve the right to update, modify, or remove the information presented at any time whenever it deems this appropriate. This also applies to links that refer users to other web sites. Lanegate Golf Media S.L. evidently can not verify that the information presented by third parties, specifically illustrations or photos or wording, infringe personal rights, specifically copyrights and can not be held liable for this. Contents owned by Lanegate Golf Media S.L. are protected by copyright. The use or appropriation of these contents is only permitted for the specifically allowed purposes. Any other use or appropriation is a copyright infringement and therefore formally prohibited.
5. Users of this web page expressly give their full consent that the data supplied will be processed and be electronically transmitted. Lanegate Golf Media S.L. does not assume any responsibility for the way the data is processed or retransmitted by the receiver. Lanegate Golf Media S.L. is entitled to process and use this data for its own purposes.
6. The contractual partners commit them selfs formally to only send approved contents for publication on Lanegate Golf Media's S.L. web site. Specifically only such content is to be sent for which the contractual partner owns the full copyrights. Should any copyrights infringements be claimed, the contractual partner assumes the obligation to hold Lanegate Golf Media S.L. harmless and cover all related expenses. Lanegate Golf Media S.L. has the right to withdraw contents from the net if third parties make any related claims. Lanegate Golf Media S.L. Lanegate Golf Media's S.L. has no obligation to verify said claims. In this case Lanegate Golf Media S.L. will inform the golf club or hotel at once, so that it can oppose said claims in Lanegate Golf Media's S.L. place. The golf club respectively hotel herewith assumes the obligation to compensate Lanegate Golf Media S.L. for all related expenses.
7. The contractual partner of Lanegate Golf Media S.L. declares to be authorized to offer respectively to conclude this agreement, respectively, in the case of a joint signatory power, to be duly authorized by the corresponding organs to conclude specifically this agreement, and as a consequence, the agreement becomes effective based on his declaration.
8. The contractual prices are exclusively binding based on the written confirmation issued by Lanegate Golf Media S.L.
9. All payments become due within 14 days after reception of the invoice, without any deductions.
10. The customer obligates himself to pay moratory interests of 10 %-points above the basic interest rate applicable on the due date. Lanegate Golf Media S.L. has the right to claim further damages for each reminder in the amount of € 22,-, whereby the claim of higher collection expenses is considered explicitly agreed. Lanegate Golf Media S.L. has the right, but is not obligated to, in the case of delayed payment, to cancel any further service and to block access.
11. Lanegate Golf Media S.L. is committed to provide all its services with the due diligence of a scrupulous merchant. Its liability in cases of slight negligence is excluded by agreement. Any claims for any deficiencies are to be brought forward by the customer in writing immediately. Failure to do so will irremediably cause loss of entitlement to damages. The parties agree that deficiencies are to be brought forward within a maximum time frame of 6 months, independently of which legal ground they are based on. After expiration of this deadline the claim will be considered null and void, and therefore no affirmative defenses are to be accepted.
12. The completion of this agreement by Lanegate Golf Media S.L. is to be measured on the exclusive basis of this agreement, and any other declarations, by whomever, are not to be considered.
13. Lanegate Golf Media S.L. has to remedy any shortcomings through betterment. The customer can only request exchange or price reduction if Lanegate Golf Media S.L. refuses betterment in writing unsubstantiatedly or after the third betterment attempt fails.
14. The customer is required to inform Lanegate Golf Media S.L. in writing at once, by forfeiting any rights by lack of doing so, of any warranty claims he is confronted with by any third party that are related to this agreement.
15. Lanegate Golf Media S.L. is liable for any damages up to the limit of its contractually agreed net proceeds.
16. All copyrights in relation with the fulfillment of the contractual services remain with Lanegate Golf Media S.L. as far as there is no other written provision to the contrary in the agreement. As a consequence the contractual partner has not acquired any rights to use or commercialize the services provided by Lanegate Golf Media S.L. for any other than strictly the contractually agreed use or in connection with any other objectively, regionally or timely usage not contractually agreed. Should the customer violate this provisions, he will have to compensate Lanegate Golf Media S.L. in a adequate amount for this use that will be based on the amount agreed for the contractual services. Furthermore the customer will be liable for a penalty, which is not subject to judicial review, equal to twice the amount of the contract. The right to claim damages above this amount remains explicitly reserved.
17. Lanegate Golf Media S.L. has the right to transfer the rights and obligations originated in this agreement to a third party, which will step in place of Lanegate Golf Media S.L. in this agreement.
18. The client is not entitled to compensate possible claims against Lanegate Golf Media S.L. with claims originated in this agreement.
19. The contractual parties mutually agree that the reciprocally assumed obligations resulting from it are duly and fully described. In consequence, with the signature of this agreement, all other declarations, covenants or other statements in discordance with it are herewith no longer valid nor applicable.
20. Lanegate Golf Media S.L. sends data to its customers in standardized formats. The customer has to ensure that he has access to the required (specifically technical) resources. The customer can not derive any claim on this basis for breach of obligation by Lanegate Golf Media S.L..
21. The customer acknowledges the fact that Lanegate Golf Media S.L. can only provide its services within the limits of the legal framework. In case there is a change in the legal situation that prevents Lanegate Golf Media S.L. from providing part of its services, the customer has no right to request a partial reimbursement. Should said change provoke a cost increase, the customer obliges to fairly compensate Lanegate Golf Media S.L. for the additional cost incurred.
22. Lanegate Golf Media S.L. has the right to store and process electronically data in connection with this agreement and its fulfillment. Lanegate Golf Media S.L. can process data in cooperation with other companies within its group and can transmit it accordingly.
23. The client declares that he will only transmit data required for the fulfillment of this agreement which is subject to the Data Protection Act if this data does not contrary the legitimate interests of any third party. Lanegate Golf Media S.L. that is Lanegate Golf Media S.L. is not bound to verify the admissibility of the usage of this data. The customer will hold Lanegate Golf Media S.L. harmless against any eventual claims from third parties related to this.
24. Legal transactions with Lanegate Golf Media S.L. are subject exclusively to material law of Spain. Reference to the provisions of other legislations if any, are not applicable. The contractual parties agree to the exclusive jurisdiction of the regular courts of justice in Palma de Mallorca - Spain as the materially competent court for all disputes arising from the application of this agreement, or related to its violation, annulment or voidness. Lanegate Golf Media S.L. is entitled to present claims at the regular courts of the customer or other jurisdiction.
25. Modifications and complements to this agreement, as well as any legally relevant declaration to it require the written form. This requirement can only be overridden in written form.
26. The contractual parties are fully aware of their mutual obligations and their respective value. The contractual parties abdicate to challenge this contract, be it in court or through other legal entities, be it out whatever legal cause.
27. Should any one of the provisions in this agreement be or become null, the remaining part of the agreement will keep its validity. Null or void provisions are to be interpreted in such a way that the economic and legal purpose is met as much as possible. Subsidiarily the contractual parties undertake to replace null or void provisions with such provisions which meet the intended legal and economic purpose or come as close as possible to it.
