Your attention is drawn to the exclusion and limitation of Bauer Consumer Media's liability in conditions 22 - 26
Interpretation
1. In these conditions:
"2-FORE!-1 Golf Vouchers means the vouchers which Bauer are or 2-FORE!-1 Tuition Vouchers" to supply to You in accordance with these conditions and "Vouchers" means either or both of them as the context requires;
"Bauer" means Bauer Consumer Media (company number 435820) having its registered office at 40 Bernard Street, London, WC1N 1LW.
"Factfile" means the 2-FORE!-1 Golf factfile for the year 1 April 2007 to 31 March 2008;
"Order" means an order placed by You for Vouchers at the Website (as defined below), by sending payment to FREEPOST, 2-FORE!-1, or by calling or 08701 241 000;
"Promotion" means the 2-FORE!-1 Golf and the 2-FORE!-1 Tuition promotions as the context requires;
"Website" means the Website at www.todaysgolfer.co.uk; and
"You" means the golfer who purchases 2-FORE!-1 Golf Vouchers or 2-FORE!-1 Tuition Vouchers and who's order for such Vouchers is accepted by Bauer subject to these conditions.
2. These conditions shall be deemed incorporated in any Order for Vouchers placed by You.
3. These conditions represent the entire agreement between You and Bauer and may only be varied, amended or modified by an Bauer authorised representative, and in the event of any conflict arising between these conditions and any attempt by You to alter these conditions, these conditions shall prevail.
4. These conditions override and replace any other of Bauer's conditions relating to the 2-FORE!-1 Promotion.
5. The main terms of these conditions are printed also on the reverse side of the Vouchers.
Price For Vouchers
6. The price for the Vouchers shall be £2.50 per 2-FORE!-1 Golf Voucher and £2 per 2-FORE!-1 Tuition Voucher which must be paid by You at the time of Order.
2-FORE!-1 Golf
7. Each Voucher entitles two golfers to play together for the price of one. Both golfers must tee-off together for one round of golf based on the published standard adult visitor green fee at the courses participating in the Promotion (the "Participating Course"). 2-FORE!-1 may be applied to the day ticket rate as well as or instead of the 18-hole rate, if specified by any course when booking. To obtain the 2-FORE!-1 rate one voucher must be handed over with the balance of the 2-FORE!-1 green fee ( the "2-FORE!-1 Green Fee") at the Participating Course(s) for two people to play together. Two vouchers must be exchanged for four people to play together, etc.
8. All requests to play at the permitted 2-FORE!-1 times at each Participating Course are subject to tee availability at those times.
9. Any single 2-FORE!-1 booking must comprise of no more than four or eight players (as specified by each Participating Course at the time of booking). Vouchers are strictly for casual play only and cannot be used by You as a substitute or part payment for any society/corporate booking for formal competition play where prizes are presented. Separate bookings on any one day by groups of players who are deemed to be part of the same party and which in total exceeds the maximum number of players as allowed by each Participating Course, may not claim the 2-FORE!-1 rate without the express agreement of the Participating Course at the time of booking.
10. The number of times You or Your guest is allowed to play at each Participating Course in any 12 months period may be limited by the Participating Course. Please check this at time of booking. Voucher usage is strictly monitored at the Participating Courses when the number of visits is restricted. If You attempt to play more than the allowed number of times You will not be allowed 2-FORE!-1 terms.
11. Vouchers can only be used at the High Season and/or Low Season days specified by each of the Participating Courses in the Factfile and the Website and at the specific tee times specified by the Participating Course at time of booking. NB. Some high/low season dates vary from those set by 2-FORE!-1. Vouchers cannot be used at any Participating Courses not in the current Factfile or on the Website.
12. Vouchers are valid for exchange at all Participating Courses listed in the Factfile or on the Website which is current at the time You wish to use the Vouchers.
13. Vouchers are only valid for use once all Vouchers ordered by in respect of a booking for 2-FORE!-1 Golf have been delivered to You by Bauer (its servant or agents) and only if You have telephoned the Participating Course in advance, first declared that You wish to use a Voucher and then booked a tee time.
14. At some of the Participating Courses only Voucher holders with official club handicaps will be allowed to play. In these cases You will be asked to present a current handicap certificate when paying the 2-FORE!-1 Green Fee. If You do not have a certificate You will not be allowed to play. It is Your responsibility to check with the Participating Course whether a handicap certificate is required.
15. You must dress properly for golf. You will be refused access to Participating Courses and club-houses if dressed in jeans, T-shirts, trainers or similar. Some Participating Courses have strict dress codes in the club-house. You should check when You telephone to book.
16. You may bring a junior guest but it is at the discretion of each Participating Course whether they allow the junior green fee rate to be applied instead of the 2-FORE!-1 Green Fee. You should check when You telephone to book.
2-FORE!-1 Tuition
17. One 2-FORE!-1 Tuition Voucher entitles You to two lessons for the price of one. To obtain the 2-FORE!-1 rate one Voucher must be handed over with the balance of the 2-FORE!-1 Tuition Fee being the cost of the first lesson at the participating PGA professional's normal advertised single lesson rate (the "2-FORE!-1 Tuition Fee"). The second lesson is then taken free of charge at a mutually agreeable time. Alternatively, You and another golfer may take one lesson together at the single person rate.
18. You qualify for 2-FORE!-1 Tuition only if You have not previously had lessons with the Participating Professional.
19. You may take advantage of 2-FORE!-1 Tuition once only with any Participating Professional in a 12-month period.
20. Vouchers are only valid for use once all Vouchers ordered by You in respect of a booking for 2-FORE!-1 Tuition have been delivered to You by Bauer (its servants or agents) and only if You have telephoned the Participating Professional in advance, first declared that You wish to use a Voucher and then booked a lesson.
The Factfile
21. The details of the Participating Courses and, the Participating Professionals published in the Factfile and on the Website are based upon information supplied by the Participating Courses and the Participating Professionals and may be subject to change without notice. Whilst every care has been taken to ensure the accuracy of such detail at the time of publication of the Factfile and the Website. You must telephone the Participating Course prior to booking travel or other arrangements to check that all published information is correct. Some Participating Courses and Participating Professionals may have amended or added specific 2-FORE!-1 Golf and 2-FORE!-1 Tuition terms, in which case these become part of the offer and must be checked at the time of booking.
Exclusion and Limitation of Bauer's Liability
22. Vouchers cannot be used in conjunction with any other short term incentive, green fee discount, promotion or otherwise which the Participating Courses or the Participating Professionals may from time to time advertise. It is up to You to check whether the Participating Course is offering a more favourable rate than available through the Promotion and Bauer accepts no liability for You having paid the 2-FORE!-1 Green Fee or the 2-FORE!-1 Tuition Fee instead of You having taken advantage of a more favourable short term incentive, green fee discount, promotion or otherwise.
23. Where You have complied and are able to show compliance by You with all of Your obligations under these conditions but a Voucher has not been honoured by a Participating Course or a Participating Professional Bauer's total liability to You in respect of the Promotion shall be limited to the total of the price paid for the Voucher(s), and if paid by You, the value of the 2-FORE!-1 Green Fee or the 2-FORE!-1 Tuition Fee in respect of the Voucher which has not been honoured.
24. The limit in condition 23 applies to loss or damage caused to You in tort in contract or otherwise, including loss or damage caused by Bauer's negligence but not in the case of death or personal injury or fraudulent misrepresentation.
25. Bauer shall have no liability to You by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law or under any express term of these conditions for any costs of travel, accommodation, loss of expectation, other financial or like loss or any indirect, special or consequential losses.
26. Every effort will be made to fulfil Orders for Vouchers quickly. Nevertheless, You should allow 10 days for delivery, Bauer accepts no liability for the late delivery of Vouchers.
General
27. Only authentic Vouchers supplied by Bauer, sequentially numbered and specifically embossed, will be accepted by the Participating Courses and the Participating Professionals.
28. Vouchers will be rendered invalid if they are re-sold, purchased from persons other than Bauer or Bauer's authorised servants or agents, exchanged for cash or credit considerations, or are altered or defaced.
29. In order to use Vouchers You must be aged 18 or over.
30. No refunds, exchanges or replacements can be made for Vouchers not used after their final validity date.
31. Bauer are always willing to investigate any complaints relating to the Promotion as it helps to ensure that high standards are upheld.
32. If any provision of these conditions is held by any competent authority to be invalid or unenforceable, in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
33. These conditions shall be governed by the Laws of England and You and Bauer both agree to submit to the non exclusive jurisdiction of the Courts of England.
Bauer Consumer Media. Company number: 435820 (England).
Registered Office: 40 Bernard Street, London, WC1N 1LW
