General Terms and Conditions for golfpal

golfpal is a booking and intermediary platform operated by Appitized GmbH, Wilhelmstr. 74, 38100 Braunschweig, registered in the commercial register of the local court of Braunschweig under HRB 209764, Managing Director Pawel Artur Sas (hereinafter “Appitized”).

These General Terms and Conditions (“Terms”) apply to the use of golfpal via golfpal.app as well as via the mobile applications for iOS and Android offered by Appitized (together “golfpal”).

golfpal brings together users, in particular golfers (“Users”), and operators of golf facilities, indoor golf facilities, golf clubs, coaches and other providers of golf and leisure offerings (“Venues”).

For Venues, these Terms apply in addition to the individual contract concluded between Appitized and the respective Venue. Individual agreements take precedence over these Terms.

With golfpal, Appitized provides the technical platform for searching, displaying, reserving, booking, managing and paying for the services of the Venues.

Appitized is generally not the provider of the services bookable through golfpal. The contract for a booking is concluded exclusively between the User and the respective Venue.

In this respect, Appitized acts solely as an intermediary and technical platform operator and does not become a party to the contract for the service offered by the Venue.

The respective Venue determines in particular the type, scope, price, availability, times, capacities, bays, tee times, coaching services, tournaments, additional services, cancellation conditions and other conditions of its offerings.

The Venue is responsible for the accuracy, completeness and up-to-dateness of this information. This also applies where Appitized enters information into golfpal on behalf of the Venue or on the basis of information provided by the Venue.

Appitized gives no warranty that a Venue's information is complete, error-free or up to date at all times.

In addition, the terms and conditions, cancellation conditions and other rules of the respective Venue that are incorporated at the time of booking apply to every booking.

These may include in particular house rules, safety regulations, rules of use, participation requirements, instructions on operating golf simulators as well as information in booking confirmations or Venue-related tutorials within golfpal.

Venues are obliged to provide the conditions applicable to their bookings and to keep them up to date.

In the event of conflicts, the Venue's conditions relate in particular to the specific service booked, whereas these Terms govern the relationship with Appitized and the use of the golfpal platform.

Via golfpal, the User selects the desired service of the Venue including any additional services and is shown the essential booking information and the total price before completing the booking.

By completing the booking process, the User submits a binding booking offer to the respective Venue.

The contract between the User and the Venue is concluded upon successful payment. golfpal subsequently sends an electronic booking confirmation.

Where a booking is initially only a reservation and a payment deadline applies, the contract is concluded only upon successful payment within the stated period. If payment is not made in time, the reservation may expire automatically.

Bookings that a Venue itself creates outside golfpal's regular booking and payment process and invoices outside golfpal are not bookings brokered by Appitized.

A golfpal user account is generally required for online bookings. During the booking process, a user account may be created automatically on the basis of the email address provided. Sign-in may take place in particular via a one-time code sent by email.

Users must provide accurate and up-to-date information and must protect access to their email account and to their golfpal account against unauthorised access.

Specific age, participation or usage requirements for a particular service may be set by the respective Venue.

The prices applicable to a booking and any additional fees are shown to the User before the booking is completed.

Under its agreement with Appitized, a Venue may be entitled to pass on booking or service fees to the User in whole or in part. Any such fee is shown as part of the total price before the booking is completed.

Passing on such a fee does not create a separate contract between the User and Appitized regarding the booked Venue service.

Payments are processed via a payment service provider integrated by Appitized, in particular Stripe or Stripe Connect. Payment for the booking is made to the respective Venue.

Appitized may technically retain the remuneration agreed with the Venue as part of the payment process or have it paid out by the payment service provider.

Appitized is not the provider of the booked Venue service and is generally not obliged to issue an invoice for it to the User. Any invoices for the booked service are issued by the Venue or on its behalf.

The conditions of the respective Venue incorporated at the time of booking apply to cancellations, rebookings, credits, refunds, late arrivals and no-shows.

Whether and in what form a refund, credit or rebooking is granted is determined by those conditions and by statutory provisions.

Where a refund is made, it may technically be processed via the payment service provider used for the booking. The Venue is generally responsible for the decision on the refund and its economic consequences.

If a booking has to be cancelled by the Venue, in particular due to a facility failure, illness, closure or comparable circumstances, the Venue is responsible for handling the booking and for any refund owed.

In particular, Appitized is not liable for travel costs, replacement bookings, lost leisure time or other consequential costs arising from a service cancelled by the Venue or not properly provided.

For bookings of leisure services that are scheduled for a specific date or period, there is regularly no statutory right of withdrawal under the applicable statutory provisions.

Irrespective of this, Venues may offer their own cancellation or rebooking options. The conditions displayed for the respective booking are decisive.

In connection with the use of golfpal and with specific bookings, Appitized may send necessary messages by email. These include in particular sign-in codes, booking confirmations, payment information, changes, reminders and cancellations.

Where the User has enabled push notifications, corresponding information may additionally be delivered as a push notification.

Venues are obliged to provide their offerings properly and to keep all information relevant to bookings — in particular prices, availability, opening hours, cancellation conditions and other rules — accurate and up to date.

The Venue is solely responsible for the legal admissibility of its offerings, content and terms and conditions as well as for fulfilling statutory information, tax, invoicing and consumer protection obligations relating to its services.

The Venue is furthermore responsible for reversals, chargebacks, refunds and other payment disputes insofar as these concern the service offered or provided by the Venue and were not caused by Appitized.

Venues may provide Appitized with texts, names, trademarks, logos, images, videos and other content for display within golfpal.

The Venue warrants that it holds the rights required for this and that no third-party rights are infringed by the use of the content.

For the duration of the cooperation, the Venue grants Appitized the non-exclusive, territorially unrestricted rights of use required to provide, promote and technically display the Venue via golfpal. This includes in particular display on the website, in the apps, in booking confirmations and in marketing activities directly relating to golfpal.

Appitized may remove content that is manifestly unlawful, misleading or technically problematic, or refuse to publish it.

Appitized endeavours to keep golfpal available to the greatest possible extent. However, uninterrupted or error-free availability is not owed.

Appitized may maintain, update and further develop golfpal and may change, add to or discontinue functions, provided that this does not unreasonably impair the essential purpose of the contract.

In particular, temporary restrictions may arise due to maintenance work or disruptions affecting payment service providers, app stores, internet services or other systems not controlled by Appitized.

Appitized may temporarily restrict or suspend user accounts, Venue access or individual content where there is objective cause to do so.

This applies in particular in cases of fraud or suspected fraud, abusive bookings, attempted manipulation, payment fraud, significant or repeated breaches of these Terms, security risks or unlawful content.

In the case of Venues, Appitized observes the statutory information and statement-of-reasons requirements. Immediate restriction or suspension remains possible in particular where this is necessary for legal reasons, to avert fraud or security risks, or to protect Users, Appitized or third parties.

The presentation and ranking of Venues or offerings within golfpal may be influenced in particular by the search criteria and filters selected by the User, geographical proximity, availability, relevance to the search query as well as the completeness and technical usability of the Venue data.

Criteria expressly selected by the User and relevance to the respective search are generally given greater weight than other criteria.

Where commercial agreements materially influence prominent placement, this is indicated accordingly.

Venues receive access to the data required to manage and carry out their bookings. This may include in particular name, contact information, booking data, booked services, payment status and further information provided by the User in connection with the booking.

Appitized receives and processes the data required for the operation, billing, security, support and further development of golfpal in accordance with the privacy policy.

Upon termination of the cooperation, the Venue's access to the platform and to the data provided there generally ends. Statutory retention obligations and individually agreed export or handover arrangements remain unaffected.

For the use of golfpal and the brokerage of bookings, the Venue pays the remuneration individually agreed with Appitized.

The specific amount and calculation of the remuneration follow from the respective contract between Appitized and the Venue.

Unless individually agreed otherwise, a remuneration claim of Appitized that has already arisen remains in place even in the event of a subsequent cancellation, refund or chargeback.

Appitized assumes no responsibility for the performance, quality, safety or availability of the services offered by Venues.

In particular, Appitized is not liable for the condition or safety of a facility, failure or malfunction of simulators or other technology, overbookings, closures, course closures, weather conditions, coaching services, the running of tournaments or any other acts or omissions of a Venue.

Appitized is liable without limitation in cases of intent and gross negligence as well as for damage arising from injury to life, body or health and in other cases of mandatory statutory liability.

In the case of slightly negligent breach of a material contractual obligation, Appitized's liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. Otherwise, liability for slight negligence is excluded.

The term, remuneration and ordinary termination of the cooperation between Appitized and a Venue are governed by the individually concluded contract.

The right of both parties to terminate for cause remains unaffected.

Where required by law, Appitized will announce and give reasons for a complete termination of a Venue's platform access, observing the prescribed notice period.

Statutorily permitted exceptions, in particular in cases of repeated breaches, legal obligations, fraud or significant security risks, remain unaffected.

Appitized may change these Terms with effect for future bookings and platform use where there is objective cause to do so, in particular due to changes in the law, new functions or technical further development of golfpal.

Changes are generally communicated to Venues on a durable medium at least 15 days before they take effect. Where a change requires technical or economic adjustments on the part of the Venue, a longer period may be necessary.

No advance notice period applies where a change is required without undue delay due to mandatory statutory requirements or in order to avert an unforeseen and imminent danger, in particular from fraud, malware, data protection or cybersecurity risks.

Information about the processing of personal data by Appitized can be found in the golfpal privacy policy.

Where a Venue receives a User's personal data in order to carry out a booking, the Venue is generally itself responsible for its further processing of that data within the framework of the statutory provisions.

These Terms also apply to the use of the golfpal apps for iOS and Android. In addition, the terms of use of the respective app store operator may apply.

Where licence terms of the respective app store operator apply to a mobile application, these remain unaffected by the present platform terms.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

Vis-à-vis consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the state of their habitual residence.

If the contracting party is a merchant, a legal entity under public law or a special fund under public law, Braunschweig is the exclusive place of jurisdiction for all disputes arising from the contractual relationship with Appitized.

Should individual provisions of these Terms be or become invalid, the remaining provisions remain unaffected.

The statutory provisions take the place of the invalid provision.