Terms and Conditions
- Rental Agreement
- This Rental Agreement ("Agreement") is between Golf Club Hire Costa Brava, hereinafter referred to as "GCHCB", and the person(s) identified on the booking form, hereinafter referred to as "the Hirer".
- When more than one person is identified as the hirer, then every person so identified is jointly and severally liable for the performance of the contract as per 2 below.
- The ‘booking form’ is the document completed by the hirer(s) which refers to these terms and conditions which are deemed to be incorporated therein.
- ‘Hire’ means the provision of equipment by GCHCB to the hirer(s) for the agreed period at the agreed cost and subject to these terms and conditions
- The ‘equipment’ means the equipment rented out to the hirer(s) by GCHCB as detailed on the booking form and which is subject to these terms and conditions
- The date of delivery and the date of collection will be counted as whole hire days
- These terms and conditions do not affect your statutory rights as a consumer.
2. The Contract
- Eligibility: The Hirer must be 18 years or older. Equipment users must be at least 16 years old.
- Booking: A contract is legally binding once GCHCB receives a completed booking form and payment in full and sends a confirmation email to the hirer at the address you provided on the booking form.
- Accuracy: The Hirer is responsible for ensuring all delivery/collection details and equipment specifications are correct. Any costs arising from incorrect information provided by the Hirer will be charged to the Hirer.
- Cancellation: written notice of cancellation must be given to GCHCB by email and any refund due will be processed within 10 working days of the date the notice of cancellation. The right to cancel will not apply where the hirer(s) has already accepted delivery of the equipment or the period of hire has commenced. GCHCB reserves the right to cancel a booking due to insufficient stock or operational emergencies, in which case a full refund will be provided.
3. Hire period and charges
- Hire Period starts on the date the equipment is delivered to the Hirer(s) and ends on the date the equipment is collected from the Hirer(s). The date of delivery and the date of collection are each counted as hire days. Minimum hire period is one day. Maximum hire period is 14 days.
- Delivery charges are set out on our website. Where applicable, they must be paid in advance at the same time the club hire is being paid for.
- Late Returns: If equipment is not available for collection at the agreed time/date, the Hirer will be charged a daily rate until the equipment is recovered.
- Rates: Prices include all applicable Spanish taxes (VAT/IVA). Rates apply to weekends and public holidays.
4. Delivery and security
- Identification: Upon delivery, the Hirer must produce a valid Passport and a valid Credit Card.
- Security Guarantee: A digital imprint or record of the credit card will be taken. GCHCB reserves the right to charge this card for any loss, theft, or damage as defined in Section 7.
5. Hirer Responsibilities
- Inspection: The Hirer must inspect equipment at the time of delivery. Signing the delivery receipt confirms the Hirer(s) has received the equipment and the equipment is in good, playable condition and is suitable for the hirer’s requirements.
- Reporting: Any faults must be reported immediately at the time of delivery. GCHCB is not liable for faults reported after the Hirer has accepted and signed for the equipment.
6. Care of equipment and liability
- Responsibility: The Hirer(s) are responsible for the care and security of the equipment for the duration of the hire period.
- Safe Usage: The equipment must be used only for its intended purpose on recognized golf courses or golf ranges and must not be used for any purpose or in any place than it is designed for.
- Geographic Limit: Equipment must not leave mainland Spain.
- Damage/Loss: The Hirer indemnifies GCHCB against all loss or damage caused by or to the equipment from whatever cause during the hire period. Standard wear and tear (minor scuffs) are acceptable. The Hirer(s) agree to pay all costs incurred by GCHCB in remedying any damage to the equipment and hire charges will continue until such remedies are completed.
- Equipment Failure: in the event of equipment failure, GCHCB will make all reasonable efforts to repair or replace the equipment with the same or similar specification within one working day at no cost to the hirer(s). If the equipment failure is due to the abuse, misuse, negligence or fault of the hirer(s), GCHCB will pass on the cost of the repair to the Hirer(s).
The Hirer must not attempt to repair equipment.
- Theft: In the case of theft, the Hirer is responsible for the full replacement cost of all the equipment stolen unless a specific insurance waiver was purchased
- Insurance: Damage Waiver Insurance can be purchased at €10 per set per rental period. This insurance will limit the liability of the Hirer for loss or damage to equipment while it is under the control and responsibility of the Hirer during the hire period.
If you have purchased the Damage Waiver insurance, your liability for damage charges is reduced to zero, subject to the following conditions:
- Zero-Damage Liability: To waive the damage charge, the club head must be returned undamaged. Damage to the shaft is fully covered, provided it occurs "near the club head" through normal use.
- Lost or Stolen Classification: The equipment will be officially classified as lost or stolen if:
- The club head is not returned.
- The returned club is deemed completely unrepairable.
- Automatic Charges: In instances where equipment is classified as lost or stolen, the standard replacement fee will be automatically charged to your payment card on file.
- Assessment: All club head and shaft damage will be evaluated on a case-by-case basis.
7. Liability limits (replacement costs)
If the Hirer has not purchased insurance, a list of the charges that will apply for lost/stolen or broken items is as follows:
| Driver | Woods | Hybrids | Irons | Wedges | Putter | |
| Taylormade | €599 | €329 | €259 | €149 | €129 | €299 |
| Ping | €629 | €389 | €299 | €199 | €199 | €249 |
| Srixon | €599 | €299 | €249 | €189 | €149 | N/A |
| Callaway | €499 | €299 | €229 | €179 | €169 | N/A |
| Cobra | €499 | €259 | €199 | €159 | €159 | €149 |
| Titleist | €699 | €399 | €329 | €199 | €169 | €299 |
| Mizuno | €599 | €329 | €259 | €189 | €179 | €299 |
| Odyssey | N/A | N/A | N/A | N/A | N/A | €299 |
| Cobra Fly XL | €229 | €169 | €129 | €99 | €50 | €50 |
| Wilson X31 | €199 | €129 | €109 | €89 | €50 | €50 |
| Headcover €50 | ||||||
| Golf Bag €150 | ||||||
| Towel €20 |
8. Ownership
The equipment remains the property of and is owned at all times by GCHCB.
9. Force Majeur:
(a) Definition and Conditions.
"Force Majeure" is an event beyond a party's control, unforeseeable at contract formation, and unavoidable in its effects, preventing performance.
(b) Presumed Force Majeure Events.
Includes, but is not limited to: natural disasters, war, terrorism, and labor disputes. Crucially, it specifically covers EU/UN sanctions, trade embargoes, and major, non-negligent cybersecurity/infrastructure failures.
(c) Notification and Relief.
The affected party must give prompt written notice to be relieved from performance and liability.
(d) Duty to Mitigate.
The affected party must take all reasonable steps to minimize the event's impact.
(e) Termination.
If the event persists beyond a set period (e.g., 60-90 days), either party may terminate the agreement, typically without further liability. [1]
9. Governing Law
This Agreement is governed by the laws of Spain. Any disputes shall be settled within the jurisdiction of the Spanish courts.
10. Entire Agreement
These Terms and Conditions, together with our current website prices, booking form, delivery sheet, and Privacy Policy, constitute the entire agreement between the Hirer and GCHCB regarding the hire of equipment and the supply of goods.
Save for statements that have been expressly incorporated into the written contract or which constitute essential elements of the offer under applicable law, no verbal statements made by any representative of GCHCB shall be deemed a variation of these Terms or a binding representation regarding the equipment or goods. GCHCB’s liability for information provided to the consumer shall be governed by the applicable provisions of the General Law for the Defence of Consumers and Users. Nothing in this clause shall limit or exclude any liability for fraud, fraudulent misrepresentation, or any other liability that cannot be legally excluded under Spanish law.