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Terms & Conditions of Sale

Please read our terms and conditions

Green fees and tee-off times We aim to offer a helpful service to travellers who prefer to plan and book their holidays online. By working directly with hoteliers and golf courses and by keeping our operating costs low we will offer our readers a range of value-for-money holidays to suit all budgets.

We hope to build up a client base of satisfied customers, who will consider booking another holiday with us and are happy to recommend our services to others.

1 Definitions

1.1 "Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier;

1.2 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

1.3 "Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;

1.4 "Services" means the services that the Buyer agrees to buy from the Supplier;

1.5 "Supplier" means ClickAway.Ltd of Crimond, 96 Appleby Lane, Broughton, Brigg, North Lincolnshire, DN20 0AY, UK

1.6 "Service Provider" means for example, a hotelier, golf resort or any other business that the Supplier has purchase with the purpose of selling to the Buyer

1.7 "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

1.8 "Website" means that www.click2mojacar.co.uk and www.click2spain.co.uk

2 Conditions

2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.

2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5.

2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.

3 Ordering

3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process will be clearly described next to each 'Payment Form' displayed on the Website.

4 Price and Payment

4.1 The price of the Services shall be that stipulated on the Website. The price is inclusive of VAT.

4.2 Services are prices in Euros and converted into Sterling at the current exchange rate. We will amend the exchange rate frequently to reflect the current exchange rate as displayed at the Travelex web site

4.3 The total purchase price, including VAT, if any, will be displayed on the 'Payment Form' associated to the Services. The purchase price is transferred to RBS WorldPay's secure payment system by the Buyer clicking the 'Make Payment' button.

4.4 All credit card payment transactions are done through the secure payment services of RBS WorldPay. The RBS WorldPay payment system gives the Buyer the option to cancel prior to confirming the order.

4.5 After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer

4.6 Payment of the price plus VAT, if applicable, must be made in accordance with the arrangements set out in the 'Booking Procedure' applicable to the service being provided. Payment must be made without deduction or set-off.

4.7 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.

5 DEPOSIT, PAYMENT & PERFORMANCE

5.1 The Supplier shall begin to perform the Services after confirming to the Buyer that the Services are available and the Buyer has agreed in writing (email) they wish to go ahead and purchase the Services. At this point the Contract is made.

5.2 A deposit is not required for booking tee-off times and purchasing green fees. The Supplier (ClickAway Ltd) and the Buyer will 'Agree a payment date' when the Services need to be paid for IN FULL which will normally be within 40 days prior to the first booking

5.3 If the payment is not recieved on or before the 'Agreed date', ClickAway will contact the Buyer to remind the Buyer that payment is required

5.4 On receiving payment IN FULL ClickAway will issue the Buyer a voucher to present to the golf course/s

5.5 If payment is not received within the agreed timescales ClickAway will cancel the Services

5.6 Services are priced in Euros (€) and conversed into Sterling () The price of the Services will therefore rise and fall as the exchange rate changes

5.7 It is ClickAway's policy, where possible, to return payments IN FULL if the Buyer has to cancel (see 9.1).

5.8 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

6 RIGHTS OF SUPPLIER

6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

6.2 The Supplier reserves the right to withdraw the Services from the Website at any time.

6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.

7 AGE OF CONSENT

7.1 Where the Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.

7.2 If the Supplier discovers that the Buyer is not legally entitled to order certain Services, the Supplier shall be entitled to cancel the order immediately, without notice.

8 REFUND POLICY FOR SERVICES PURCHASE ONLINE VIA RBS WORLDPAY

8.1 The Buyer has the right to cancel a Service during a cooling off period of 7 days and will receive a full refund. The Buyer may cancel at any time before seven working days has passed from the day after the Contract was made. Cancelations must be notified to ClickAway within 7 days by email payments@click2mojacar.co.uk and by phone ++44 (0)1652 656814

9 REFUND POLICY FOR CANCALLATION AFTER THE COOLING OFF PERIOD

9.1 If the Buyer wishes to cancel after this cooling off period has ended the Supplier will refund the Buyers in FULL provided notification of the cancellations has been received and enough time remains for the Services, provided by the Service Provider, can be cancelled without ClickAway incurring any costs or penalties.

10 LIMITATION OF LIABILITY

10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

10.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

11 WAIVER

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.

12 FORCE MAJEURE

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.

13 SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated

14 CHANGES TO TERMS AND CONDITIONS

14.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

14.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions

15 GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

16 POLICY FOR REFUND IF THE COURSE IS NOT SUITABLE TO PLAY DUE TO THE WEATHER

If the course is not suitable to play at the arranged time due to weather conditions, the Service Provider will arrange a new tee-off time later in the day. If the course supervisor states that the whole day is out of play the Buyer will be issued with a credit note by the Service Provider to play another day at the Buyer's convenience. If an alternative time is not possible before the Buyer returns home, ClickAway Ltd. will refund the Buyer the value of the lost Services (Green Fee/s) on receiving the credit note from the Buyer.

RBS WorldPay

Additional information

RBS WorldPay payment system

Please note that Worldpay never divulges your credit card information to anyone, including this website (ClickAway), so you can rest assured that your billing details are safe.

The RBS WorldPay payment system uses a combination of both established and innovative techniques to ensure the security and integrity of all sensitive data. Furthermore, RBS WorldPay’s public web servers are certified by ‘Thawte’, a Public Certificate Authority, ensuring that you, the customer, can have confidence that nobody can impersonate World Pay to obtain confidential information.

Transaction Encryption

The transfer of customer details from www.click2mojacar.co.uk. to RBS WorldPay are encapsulated using encrypted and digitally-signed protocol. This uses a combination of standard methods such as PGP, RSA and MD5 to ensure that the information passed is secure and tamper-proof via SSL.

Security for Our Customers

Any communication between our customers and RBS WorldPay is also encrypted to the maximum strength supported by the shopper's browser. Our customers are also protected from fraudulent use of their card in a "card not present" environment, by your card issuer. Your card issuer provides the right for you to dispute a transaction if the goods/services do not arrive or if the card was used fraudulently.

Data Storage

Data storage on RBS WorldPay system, and the communication between RBS WorldPay and the worldwide banking networks, is regularly audited by the banking authorities to ensure a secure transaction environment. RBS WorldPay also ensures that it stays up-to-date with the latest versions of any third-party code they use, and continually review its own proprietary code.