Article 1 General information
- 1.1 These terms and conditions apply to any agreement relating to Membership of Bernardus Golf between Bernardus and its Corporate Members, Business Members, Day Members and Private Members.
- 1.2 If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the other provisions in these general terms and conditions remain fully applicable. If a situation arises between the parties which is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
- 1.3 If Bernardus does not always demand or has not always demanded strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that Bernardus would in any way lose the right to demand strict compliance with the provisions of these terms and conditions in other cases.
- 1.4 Bernardus reserves the right to unilaterally amend these general terms and conditions at any time.
Article 2 Definitions
The capitalized terms used in these general terms and conditions shall have the meanings defined below:
- Bernardus: The operator of Bernardus Golf, Cromvoirts Landgoed Exploitatie B.V., also trading under the name of 'Bernardus Golf', a limited liability company, registered with the Chamber of Commerce under number 66500389, having its registered office in 's-Hertogenbosch and its principal place of business in (5266 AW) Cromvoirt (Municipality of Vught) at Deutersestraat 37.
- Bernardus Golf: The 18 holes, with the club house, driving range and other facilities located in Cromvoirt (municipality of Vught) at Deutersestraat.
- Business Member: A party who has entered into a Business Membership Agreement with Bernardus on behalf of a company or other commercial party.
- Corporate Member: A company or other commercial party that has entered into a Corporate Membership Agreement with Bernardus.
- Day Member: A natural person who has entered into an Agreement with Bernardus for one day.
- Day Membership: The Fee that a Member pays for using the facilities of Bernardus for one day.
- Membership: The membership of Bernardus Golf which gives the right to use certain facilities, which right is agreed in a separate agreement between a Member and Bernardus.
- Member: A Corporate Member, a Business Member, a Private Member or a Day Member.
- Private Member: A natural person who has entered into a Private Membership Agreement with Bernardus.
- Fee: The annual or one-off fee that a Member pays to Bernardus for the Membership.
Article 3 Duration and termination of Membership
- 3.1 Membership shall commence immediately upon signing of the Agreement by the Member and Bernardus, or – if the Agreement enters into force on a future date – the relevant future date.
- 3.2 The Membership automatically ends on the last day of the period for which an Agreement has been entered into between the Member and Bernardus.
- 3.3 Contrary to articles 3.1 and 3.2, the Membership of a Day Member commences on the day for which the Day Membership is paid and ends at 11:59 pm on the same day.
- 3.4 An Agreement cannot be terminated prematurely by a Member. Bernardus can only terminate the Membership prematurely if a Member does not comply with the applicable internal regulations or important instructions given by Bernardus staff.
- 3.5 Membership is personal and non-transferable.
Article 4 Fee and invoicing
- 4.1 Members are charged a Fee for their Membership.
- 4.2 Members will receive an invoice which they will pay in advance by bank. Invoices sent by regular post or e-mail must be paid within 14 days. Invoices issued must be paid immediately.
- 4.3 When a Member uses additional services of Bernardus Golf, or purchases products that are not part of the Membership (e.g. food and drink), the Member will owe an additional fee for this. Depending on the type of product or service, it will have to be paid immediately or afterwards by invoice.
- 4.4 If an invoice is not paid in time, the Member shall be in default by operation of law. The Member shall then owe an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest shall be owed. The interest on the amount due shall be charged from the moment that the Member is in default until the moment of payment of the full amount due. Any extrajudicial costs will also be charged in full to the Member.
- 4.5 Notwithstanding the above, Bernardus is entitled to suspend or terminate the Membership in the event of non-payment or late payment of the Membership. This does not in any way exempt the Member from his/her payment obligation.
- 4.6 Payments are first deducted from any costs, then from any interest and finally from the principal sum.
Article 5 Cancellation and no-show
- 5.1 In case of cancellation of all golf reservations, the following shall apply, up to 48 hours in advance free of charge. In case of cancellation 24 hours or less before the said time, the customer is obliged to pay 50% of the reservation value. In the event of a no-show, the customer shall in all cases be obliged to pay the total reservation value.
Article 6 Data of Members and privacy
- 6.1 All personal, company and transaction data provided by the Member are recorded in the internal Bernardus database. The Member hereby declares that he/she agrees to this. The data are used for the Membership.
These data are also used to keep you informed about interesting Bernardus products and services. In order for the information sent to you to be tailored to your interests as much as possible, we may analyse data and combine them with other data files.
- 6.2 The Member will inform Bernardus as soon as possible of any change in his/her data so that it can be updated in the database. This can be done in writing to Deutersestraat 39D, 5266 AW, Cromvoirt or by e-mail to firstname.lastname@example.org.
Article 7 Right to play, internal regulations and complaints
- 7.1 In exercising the right to play, the Member must comply with the regulations laid down by the Netherlands Golf Federation (NGF) with regard to the practice of golf and with the rules laid down in the playing regulations of the participating golf course.
- 7.2 Before using your reserved start time, please report to us and be in possession of a valid identification document. You must follow the rules that apply on the golf course. Bernardus is entitled to take measures and sanctions in case of serious infringement of the course rules. The player must comply with the common rules of golf and the rules that apply on the course.
- 7.3 The Member is obliged to follow instructions from Bernardus staff.
- 7.4 Bernardus Golf is open 7 days a week, except the following:
- 7.4.1 Once a week, Bernardus Golf is only open from 10:00 am due to regular maintenance of the course.
- 7.4.2 Bernardus Golf is completely closed a few days a year due to major maintenance of the course.
- 7.4.3 In case of frost or force majeure, the course is closed.
- 7.5 The Member can report any complaints via email@example.com.
Article 8 Liability
- 8.1 Entering Bernardus Golf and making use of the facilities is entirely at the Member's own risk. Bernardus is not liable for any damage, loss or injury during the stay, unless there is intent or gross negligence on the part of (employees of) Bernardus.
- 8.2 Bernardus is not liable for any damage or loss of any kind whatsoever arising from the fact that it has relied on incorrect and/or incomplete information provided by or on behalf of the Member.
- 8.3 If Bernardus is held liable, this liability shall in all cases be limited to the amount covered by Bernardus' liability insurance.
- 8.4 Bernardus shall only be liable for direct damage or loss and shall never be liable for indirect damage or loss, including consequential damage or loss, loss of profit, lost savings and loss due to business stagnation.
- 8.5 Damage caused by you must be reported at Bernardus Golf at all times.
- 8.6 We will charge for damage caused by you through reckless behavior or vandalism.
Article 9 Governing law and disputes
This Agreement is governed by Dutch law. Any disputes between the Parties related to this Agreement or its execution will be settled by the competent judge of the District Court of Oost-Brabant.