Terms and Conditions

General terms and conditions for the right of use of the golf course Golf Club Spring Ltd
(for private individuals)
As of March 2018

Die Golfclub Frühling GmbH (FN 225466v) – hereinafter referred to as the „GmbH“ – with its registered office in 2434 Götzendorf an der Leitha, am Golfplatz, grants the authorised person the right to use the Götzendorf golf and leisure facility – hereinafter referred to as the „facility“ – in accordance with this agreement.

I. Annex

The entitled party has the right to use the golf course in accordance with the provisions of this agreement. This entitlement is personal and may only be transferred with the express written consent of the limited liability company.

II. Commencement of Eligibility

The entitlement becomes effective upon acceptance of the application for acquiring golf playing rights and payment of the one-off joining and processing fee as well as the annual fee. The annual due date for the annual fee is set as 5 January of the respective year.

III. Scope of entitlement

The authorised person has the right to use or have family members use the facility in Götzendorf and other recreational facilities in accordance with the respective valid regulations.

Furthermore, the beneficiary has the right to apply for membership in the non-profit club Golfclub Frühling or Golfclub Götzendorf, whereby the right of membership only exists for the duration of the golf playing entitlement. The club's statutes are posted at the club premises.

The authorised person is not entitled to a minimum period of use of the facility. Restrictions on the usability of the facility – for whatever reason, whether within the authorised person's sphere or Golfclub Frühling GmbH's sphere – can in no way establish any claims by the authorised person.

This applies especially to any temporary unavailability of the golf course due to natural events, the undertaking of necessary repairs and maintenance work, and the staging of private events.

The operating period of the golf course will be determined by Golfclub Frühling GmbH according to the weather conditions.

IV. Duration of the agreement

The authorisation agreement is concluded for an indefinite period. It can be terminated in writing by either party to the agreement with 3 months' notice, at the end of each calendar year, no earlier than 30 June of the respective year. The GmbH will only exercise this right of termination if the continued membership of the terminated party is undesirable and detrimental to the golf operations (misconduct, dangerous play, troublemakers, etc.).

The Golfclub Frühling GmbH is, however, entitled to terminate this authorisation agreement with immediate effect if

• the authorised party has failed to meet a payment obligation assumed under this agreement, despite receiving a reminder and being granted a grace period of two weeks;

 

• the authorised person has committed a serious breach of the golf course rules or the house rules and, in doing so, has endangered the safety of other authorised users, guests or staff;

 

• the entitled party, despite a warning, is found guilty of repeated violations of the golf course rules or house rules, even if these have not endangered the safety of other persons;

 

• the authorised person has engaged in conduct on the premises of Golfclub Frühling GmbH that is punishable under criminal or administrative law, and their culpability is not merely minor.

The rights granted under this rights agreement shall in any event expire upon the death of the rights holder, as they are of a personal nature. No refund of contributions or other payments will be made.

V. Beneficiary obligations

The entitled person is obliged to pay the annual fee in advance upon its prescription. The annual fee is set in advance by Golfclub Frühling GmbH for the following calendar year and corresponds to the total cost of the maintenance and ongoing renewal (improvement) of the facility. The annual fee is also fully due for payment in the event of early termination of the entitlement agreement, for whatever reason.

The authorised person is further obliged to compensate for all damages caused by them – irrespective of their degree of fault. If the perpetrator is not even slightly negligent in the occurrence of the damage, they are exempt from liability. The obligation to compensate for damages falls on the perpetrator irrespective of the circumstance as to whether these damages occurred to the property or equipment of Golfclub Frühling GmbH or to the assets of third parties, provided that the damage occurred within the sphere of the premises.

The authorised person is obliged to comply with the golf course regulations, the general rules of golf and the house rules.

The authorised person is further obliged to carry the Golfclub Frühling membership card and, upon request, present it to employees of Golfclub Frühling GmbH for control purposes.

VI. Liability of Golfclub Frühling GmbH

Use of the golf course by the authorised person is at their own risk.

Golfclub Frühling GmbH endeavours to maintain the course in a high standard of condition; however, it accepts no liability for the usability or safety of the course. Any liability on the part of Golfclub Frühling GmbH arising out of or in connection with this licence agreement is therefore excluded – to the extent permitted by law.

If Golfclub Frühling GmbH’s liability cannot be excluded by law, it shall in any event be limited to the amount covered by its liability insurance. Golfclub Frühling GmbH shall in no circumstances be liable for lost or stolen items.

VII. Miscellaneous

Austrian law shall apply exclusively to the legal relationship between the authorised party and Golfclub Frühling GmbH, as well as all circumstances arising from this contractual relationship. The court with local and subject matter jurisdiction in Vienna, Innere Stadt, shall have exclusive jurisdiction for disputes arising from this contract.

The beneficiary may not set off their claims against any counter-claims by Golfclub Frühling GmbH.

Amendments or additions to the general terms and conditions require writing to be legally effective.

The addresses most recently notified in writing shall be deemed to be the addresses for service for all mutual notifications between the contracting parties. Any changes to the addresses for service must be notified in writing.

The authorised person expressly agrees that personal or company data from this contract may be recorded, processed and stored by Golfclub Frühling GmbH with the aid of automation. This agreement particularly concerns the data protection regulations of 25 May 2018.

The authorised person confirms that they have read and understood the golf course rules and the house rules, and that they will ensure that they and their guests comply with the rules set out therein.

The member may „suspend“ their membership by 31 October of each year for the following year and, in this case, is only required to pay 50% of the annual fee. In this case, eligibility to play for the following year is only granted if the full annual fee is paid. A reason must be given for the „suspension“.

The GmbH recommends that authorised persons take out personal liability insurance, as this is the only way to ensure that negligence leading to accidents during gaming operations is covered. The GmbH can arrange insurance for authorised persons on request.

General terms and conditions for booking via the Nexxchange booking system

You can find the terms and conditions for the Nexchange booking system here.