Terms & Conditions of the Annual Subscription
These terms and conditions form the basis of the contract through which Euro Golf Services Limited (hereinafter referred to as “The Company”) will deliver services to the individual members of Elmgreen Golf Club on behalf of the Club in lieu of annual subscriptions paid.
By paying an annual subscription and/or activating your account though our online member portal, you are deemed to have read, understood and agreed to all the terms and conditions forthwith. Members will be notified of any changes to the terms and conditions of membership in line with the provisions of this agreement. The Company will endeavour to agree any changes with the Committees of Elmgreen Golf Club in advance of executing any changes.
1. Membership Services / Benefits
All membership categories are set out in Schedule 1.
Access to the golf course by members in governed by the Golf Access Agreement and the Company collects the annual subscriptions for membership and on behalf of the Club, pays the appropriate GUI / ILGU affiliation fees and insurance (where applicable) on behalf of members.
Services / Benefits vary according to the membership category, as set out in Club information and in the Club Constitution.
The Company reserves the right to change the services / benefits it provides to the different membership categories of Elmgreen Golf Club at any time with 60 days prior written notice.
Any external providers of a service / benefit included within your membership package will have absolute discretion in relation to the provision of services
Services / benefits supplied by an external provider will be subject to the provider’s own terms and conditions, and we do not accept any liability for loss or damage suffered as a result of a fault, error or omission in the provision of these services.
We reserve the right to change our external providers without prior notice and our decision on services / benefits provided is final.
2. The Individual Contract
By completing an application form and paying an annual subscription, you are entering a legally binding agreement. You have deemed to have read, understood and agreed to all the terms and conditions attached.
At the point of renewal, your renewal payment is confirmation of the continued acceptance of the terms and conditions of this agreement. You may not transfer any of your rights and obligations under these terms and conditions to another person without prior written consent of the Company.
Existing members shall be deemed to have been automatically renewed unless thirty (30) days written notice of your intention not to renew is provided to the Company. Failure to provide such notice will deem the membership to have automatically renewed on the Renewal Date. Existing members must provide 30 days’ notice of their intention to change their membership package.
The Company must notify the Member of any changes to the terms and conditions and of this agreement at least sixty (60) days in advance of the renewal date. If no such changes are communicated in advance of the renewal date, the terms of this Agreement shall continue to apply until the next anniversary of your membership.
Leave of absence
You may apply to the Company’s management team for a leave of absence in the event that you are suffering from long term sickness or injury (certified as longer than three (3) months). Applications will be dealt with on a case by case basis and the decision to grant a leave of absence is at the discretion of the Company management team and appropriate Committee of Elmgreen Golf Club. Applications for a leave of absence must be made to the Director of Golf in writing or via email.
3. Cooling off period
You have a fourteen (14) day cooling off period from the date of confirmation of your new membership in which to cancel your subscription without penalty. You must notify us of your wish to cancel in writing by contacting the Golf Operations team at info@Elmgreengolfclub.ie
The cancellation right above only applies to new membership applications only and does not apply to the renewals of existing memberships.
Any monies owed on account must be settled and neither party should suffer any form of material loss in the event of a cancelation of membership. For the avoidance of doubt, if Unlimited membership is paid up front and subsequently cancelled within the cooling off period, the members shall be obliged to pay a pro rata amount for the period during which they were members.
Individual members of Elmgreen Golf Club agree to abide by the Golf Club’s Constitution, Rules & any Code of Conduct. All members sign up to these on joining, and reaffirm their commitment on an annual basis. Failure to adhere to the Constitution, Rules or any Code of Conduct may result in either the Men’s or Ladies Committees implementing disciplinary procedures and/or the termination of your membership.
5. Right to refuse applications or upgrade/downgrade applications
We reserve the right not to fulfil, or to cancel, your application if we are unable to obtain payment authorisation from the issuer of your credit/debit card or payment by other means.
If your individual application is accepted, but we subsequently discover that any or all of the information provided by you was misleading or false, we reserve the right to terminate this agreement with immediate effect, without the right of appeal.
6. Individual obligations
In your dealings with The Company, the following applies;
- you will discharge monthly, any and all charges to your club account
- you will advise the Company if you are aware of any circumstances which would prevent these terms and conditions from being and forming legally binding obligations upon you;
- you will ensure that all the information which you submit to the Company is complete, reliable, accurate, free from errors, and not misleading in any way, and will not infringe any third party rights
- you will not do, or omit to do, anything that might reasonably be expected to put us in breach of any Applicable Laws
- you will provide us promptly on request with all information that we may reasonably require from time to time about your access to or usage of the facilities.
7. Cancellations of your Membership
If you do not wish to renew your membership you must inform us of your intention not to renew a minimum of thirty (30) days prior to your renewal date which is usually the anniversary of your joining date. This notice should be provided directly to the Company management team in writing by letter or email to info@Elmgreengolfclub.ie .
8. Price information
By agreeing to these terms and conditions, you agree that you will pay all fees set out in Schedule 1 which remain subject to change in subsequent years. Some fees relate to the Company and some fees relate to membership of the Golf Club and Governing Body.
Unlimited members may make a one-off payment for your annual subscription (new or renewal) by cash, cheque, credit or debit card, or choose to charge your credit or debit card over multiple monthly instalments. Whichever option you choose, the Company will continue to implement on each renewal date unless notice of your intention to change your payment method is received at least thirty (30) days in advance of your renewal date.
We reserve the right to increase or decrease the price of annual subscriptions from time-to-time and will consult and engage with the Club Committees on any proposed changes. If we discover an error in the price of your membership subscription, we will inform you as soon as possible.
9. Credit/debit card payment
If you are not using your own credit/debit to pay for the annual subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By completing an application form you are confirming that you have obtained the express prior permission of the credit/debit card holder.
Members must maintain valid credit/debit card details on your Online Membership portal which are to be used for charging the annual subscription or club account charges. Members will be liable for any fees incurred by the Company as a result of a failure to update any changes to your card details.
If agreed payment instalments are not met by a member’s credit or debit card provider, the Company reserves the right to charge all outstanding amounts in one transaction, suspend a membership until payments are brought up to date or change the terms of any agreement with individual members.
10. Viruses, hacking and other offences
You shall not (a) knowingly introduce any viruses into the Golf Club’s / Company’s Site or (b) attack (or instigate or facilitate the attack of) the Golf Club’s / Company’s Site or Systems via a denial-of-service attack or a distributed denial-of-service attack, or (c) use the Golf Club’s / Company’s Site, Systems or Social Media platforms for any purpose which is unlawful, abusive, libellous, obscene or threatening.
A breach of this clause may constitute a criminal offence. We may report any such breach (whether actual or suspected) to the relevant authorities and you agree to co-operate with those authorities.
We will not be liable for any losses caused by any form of attack or viruses that may infect your computer equipment, computer programmes, data or other proprietary material due to use of the Company’s Site or Systems.
The Site may contain links to other websites, which in turn may contain material that has been produced by third parties not affiliated with us. We have no control over those other websites and accept no responsibility or liability for information or content provided on such websites.
Nothing in these terms and conditions shall exclude or limit any person’s liability for death or personal injury caused by its negligence, or any person’s liability for fraud.
Subject to the above, neither we nor any of our agents or our directors, officers or employees will be liable for any indirect or consequential losses incurred or suffered by you, whether or not those losses are foreseeable.
The Company shall ensure that for the duration of this agreement it shall keep in place all necessary insurances which it requires in connection with its provision of the Services.
The Company will offer members the options of retaining personal insurance. Neither the Company, any of our agents or our directors, officers or employees will be liable for any losses incurred or suffered by you for failure to retain that personal insurance, other members to retain the insurance or any dealings you may have with the insurance provider.
These terms and conditions do not and shall not affect your statutory rights as a consumer.
13. Data protection and confidential information
By paying or renewing your annual subscription, you agree that the Company is the owner of the data you provide and that the Company may communicate with you from time to time. The ability to opt out or unsubscribe will be provided in all communications.
You acknowledge and agree that we may monitor your use of the facilities and your access to the Company’s Site and your account.
You shall treat as confidential and shall not (other than where permitted or compelled to do so by any Applicable Law) use or disclose to any person any Confidential Information nor permit its disclosure. For the purposes of these terms and conditions, Confidential Information means all information (in whatever form) which is not publicly known and which is disclosed to, or otherwise learnt by, you in connection with the Company.
Individual members may be invited to events organised by us or our partners.
If you have paid us to attend such an event, and wish to cancel, you must inform us 3 days or more before the event to get a refund of the relevant fees paid. Cancellations after that date will not be refunded, although substitute attendees can be made at any time by contacting us at info@Elmgreengolfclub.ie
Without affecting any other rights and remedies which we may have and without liability to you for any losses which may result, the Company may terminate these terms and conditions immediately and without notice if:
- you materially breach any of these terms and conditions
- you fail to renew your membership
- you fail to discharge amounts owed by you on time in accordance with the terms and conditions
- we are required by any applicable law to terminate these terms and conditions; or
For the avoidance of doubt, this clause applies only to each individual’s dealings with the Company and does not affect the terms and conditions of the Club’s Constitution or Golf Access Agreement.
On any termination of these terms and conditions your right to use the facilities as a member shall cease and we may terminate your access to and use of the Systems and invalidate any relevant access details.
Termination for whatever reason of these terms and conditions shall not affect:
- any rights, liabilities or obligations which accrued before such termination;
- any right to payment of fees; and
- any of these terms and conditions that are intended to continue to have effect after such termination.
We may change these terms and conditions at any time upon giving you 60 days prior notice via email. The most recent edition of these terms and conditions will be binding upon you but will not diminish any of the rights which exist within the Golf Access Agreement.
17. Entire Agreement
These terms and conditions override any existing terms or conditions published in relation to your annual subscription with the company.
18. Governing Law and jurisdiction
These terms and conditions are governed by the laws of the Republic of Ireland. You hereby irrevocably submit to the exclusive jurisdiction of the Irish courts notwithstanding the jurisdiction where you are based.
If any court or competent authority decides that any of the provisions of these terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by the law.
19. Duty of Care
The Company represents to fully comply with all applicable local fire and safety regulations; The Company pursues regular controls of its technical installations and customer protection to ensure the highest safety and hygiene standards. The Company undertakes to provide reasonable advance notification to members of any refurbishment or renovation taking place to the facilities or property which may impact on the golfing experience.
20. Force Majeure
In the event of a circumstance of “Force Majeure” which is defined as any circumstance beyond the control of either party including but not limited to any Act of God, Fire, Flood, adverse weather conditions, disease, explosion, act of terrorism, blockade, industrial or trade dispute, Government action or inaction, either party (i.e. The Company and/or the member) shall be relieved from the performance of its obligations under this agreement if and to the extent that performance of such obligations is delayed, hindered or prevented by such circumstances constituting Force Majeure. The party claiming relief shall nevertheless use its reasonable endeavours to perform its obligations as soon as practicable.
If either party becomes aware that any circumstances constituting Force Majeure have arisen or may arise, it shall immediately notify the other party by telephone/email.
21. Personal Insurance Scheme
Personal insurance is currently arranged by the Company through the Golfsure Personal Scheme which is underwritten by XL Catlin. The Company simply arranges the scheme and is not liable for any damages, claims or costs which may arise from claims related to this scheme.
The scheme operates from April 1st – March 31st each year. Irrespective of whatever date you enter the scheme, your policy will be due for renewal on the next anniversary of the scheme; April 1st. No pro rata payment options are available.
The Company shall hold harmless and shall indemnify the Member in respect of any direct loss or damage, including third party claims, penalties, levies, fines, expense, legal fees and liability incurred by the member where such is caused by The Company’s wrong performance of its duties under this agreement. The Company will not be required to so indemnify the Member if such liability, claim, cost, expense or damage results from negligence, wilful misconduct or bad faith on the part of the member.
The member shall hold harmless and shall indemnify The Company in respect of any direct loss or damage, including third party claims, penalties, levies, fines, expense, legal fees and liability incurred by The Company where such is caused by the Members wrong performance of its duties under this agreement. The member will not be required to so indemnify The Company if such liability, claim, cost, expense or damage results from gross negligence, wilful misconduct or bad faith on the part of The Company.
Schedule 1 – 2018 Membership Subscriptions
|Membership Category||Single Up||Payment||Payment||Comp||Comp||€50 Rest.|
|Front Payment||Over 6 Months||Over 10 Months||€50 Range Credit||€30 Range Credit||Vch|
|7 Day Unlimited||€850||€880||€897|
|7 Day Pay & Play||€450||€466||€475|
|5 Day Unlimited||€550||€569||€580|
|5 Day Pay & Play||€350||€362||€369|
|GUI/ILGU Levy (Compulsory if Elmgeren is home club)||€24/€28||€24/€28||€24/€28|
|Insurance Levy (optional)||€27||€27||€27|
|F&B Levy (Compulsory but not applicable to Intermediate or Student)||€25||€25||€25|
|All Levies must be paid upfront on first instalment|