Terms & Conditions

Fairways Escape is a joint venture between B2B Marketing360 and Gen worldwide enterprises, inc. d.b.a. Gen Travel Solutions (hereinafter “Fairways Escape” , “we” , “us”, and “our”) and is the expert in incentive groups for golf travelers. We are committed to creating the perfect golf package for you, our customer, (hereinafter, “you”, “traveler”). 

1. Acceptance of the Terms

Please carefully read the following terms of use and all other rules and guidelines that we may communicate to you from time to time, as well as the terms of our suppliers (collectively, the “Terms”), as these Terms create a binding legal contract between you and Fairways Escape. We also ask that you address any questions you may have with us prior to booking. Please be aware that these terms and conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. By making a booking or availing yourself of our services in any manner, you agree that you have read, understood, and agree to be bound by and comply with the Terms. If at any time you do not agree to these Terms you must not make any bookings with us.

If you are making a booking as a group, the leader of the group is responsible for sharing these Terms with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms with all travelers in their group.

These Terms, our Privacy Policy (located here: https://www.fairwaysescape.com/en-us/about/privacy-policy/) and any other terms and policies incorporated herein by reference constitute the entire agreement between you and Fairways Escape pertaining to the subject matter hereof and supersede all prior other agreements, understandings, negotiations, and discussions whether oral or written. No waiver of any of the provisions of these Terms shall constitute a waiver of any other provision hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided. Fairways Escape contracts with suppliers and you will be subject to supplier terms and conditions as a result. Fairways Escape is happy to send a copy of these supplier terms to you upon request.

You represent and warrant that you are of sufficient age (21 years or over) to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you, or members of your group is true and correct.

2. Accuracy

Fairways Escape attempts to provide accurate descriptions of the products and services on the Site. Fairways Escape does not warrant, however, that the descriptions are accurate, complete, reliable, current, or error-free. We will therefore confirm the details of your chosen vacation (including the price) at the time of booking.

3. Price and Payment

We reserve the right to alter the price of any golf vacation, not limited to any pricing error, and we will advise you of the current price of the golf vacation before any booking. Any subsequent reduction in prices due to special offers advertised will not apply to confirmed bookings. We advertise a ‘from’ and ‘to’ pricing structure across parts of our website to indicate the range in pricing across different times of the year. The ‘to’ price is based on the same room type as the advertised ‘from’ price. There will be occasional dates where pricing is over and above the ‘to’ price for a venue and the only available rate is the rack rate. Our sales team will make you aware at the time of inquiring that this may not be the best time to take your golf vacation.

After your booking is confirmed, we may vary the price of your vacation solely to allow for variations in: (i) transportation costs including the cost of fuel, (ii) dues, taxes (including local taxes) or charges for services such as embarkation and disembarkation fees at ports and airports; and (iii) the exchange rate applied to your vacation. No price variation will be made less than 30 days before the start of your vacation, and we will absorb part of any increase equivalent to 2% of the original cost of your vacation.

A deposit of 20% per person must be paid at the time of booking. The balance of the price of your vacation must be paid no later than 30 or 60 days (depending on destination and group size) before the date your contracted vacation is due to commence (the “Balance Due Date”). Bookings made less than 30 or 60 days (depending on destination and group size) before the date the vacation is due to commence, must be paid in full at the time of booking. If the deposit, balance, or final balance (as applicable) is not paid by the Balance Due Date, we reserve the right to cancel your booking and retain your deposit paid.

We reserve the right to ask for an additional deposit amount for certain bookings where we need to pre-pay to the supplier an additional sum to secure your booking, and may require the full balance earlier than 60 days dependent on the supplier and / or your group size.

The cost of your accommodation does not include any services that you may use or purchase while at the accommodation other than those specifically included in the price of your vacation as set out in your booking confirmation. You must pay the hotel directly for such additional services. These may include spa treatments, purchases from pro shops and any meals and drinks not included in the price of your vacation.

While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide to us a click authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.

In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Fairways Escape retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:

• Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
• Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
• Chargebacks resulting from force majeure or other circumstances that are beyond the control of Fairways Escape or the Supplier.
• Chargebacks resulting because you do not agree with the cancellation policy.

4. Cancellations / Amendments By You

If, once the booking confirmation has been issued, you wish to change the numbers of persons in your group booking, transfer your vacation to another person, or cancel your vacation, the person who originally booked the vacation (the lead name) must notify us in writing by email, mail, or fax.

Fairways Escape incurs costs with the suppliers of your trip well in advance of your departure date. All suppliers have their own cancellation policies, which apply to your booking. Because of this, we may incur costs in cancelling confirmed bookings, particularly if cancellations occur close to the departure date, and in these circumstances, you will be charged a cancellation fee. If you cancel your vacation or the number in your group booking reduces before the Balance Due Date, we have the right to retain the deposit paid by (or due from if still outstanding) each person cancelling as a cancellation fee. If you cancel on or after the Balance Due Date, we may charge you a cancellation fee which is up to an amount equal to the balance of the price of your vacation depending on the cancellation costs we incur to our suppliers and how close your cancellation is to your departure date. If you have already paid your balance at the time of cancellation, we will be entitled to retain the cancellation amount from the balance paid, and will refund to you the difference (if any). Please contact [email protected] prior to confirming your vacation in order to find out your hotel or golf course’s specific cancellation policy. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.

As Fairways Escape prices are based on contract rates, there will not be any refund for any unused portion of a travel booking. If you cancel while your trip is in progress, there is no refund for the unused portion.

All amendments are subject to our sole discretion and may be subject to an additional fee which may increase the closer to the departure date that changes are made. In particular, if numbers change so that there is an odd number remaining in the party, single room supplements will apply.

In these Terms, ‘Force Majeure’ or ‘Unavoidable & Extraordinary Circumstances’ means an event which we could not reasonably foresee and is beyond the control of Fairways Escape. Such events may include, without limitation, war or threat of war, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemics, and pandemics (such as COVID-19) and all similar events outside our control or where government restrictions are put in place. In the event of ‘Force Majeure’ or ‘Unavoidable & Extraordinary Circumstances’ causing a booking to be cancelled we offer refunds in the form of a ‘Future Travel Credit’ (FTC). This credit will be applied to the affected customer’s account and will expire 12 months from the issue date of the credit, meaning the new booking needs to be made within 12 months from the issue date of the credit, with travel any time. Standard terms and cancellation policies will apply to the new bookings that a ‘Future Travel Credit’ is applied to. Cancellations under this clause will only be considered close to departure and this provision does not cover you if you have a disinclination to travel or fear of travel. The ‘Future Travel Credit’ will be to the value of all monies Fairways Escape is able to retrieve from suppliers, and may not be 100% of your trip’s overall value, we strongly advise you have adequate personal travel insurance in place to cover such circumstances.

5. Cancellations / Amendments By Us

Occasionally, we have to make changes to, and correct errors in, our brochures and on our website both before and after bookings have been confirmed, as well as cancel confirmed bookings. While we always endeavor to avoid changes and cancellations, we must reserve the right to do so.

In addition, if we have to make a significant change to or cancel your booking, we may pay you compensation, if appropriate. However, compensation will not be payable and no liability beyond offering the above-mentioned choices is accepted where we are forced to make a change or cancel as a result of ‘Force Majeure’ or ‘Unavoidable & Extraordinary Circumstances’ (as defined in Section 4 above) or if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time).

In the event of ‘Force Majeure’ or ‘Unavoidable & Extraordinary Circumstances’ (as defined in Section 4 above) causing a booking to be cancelled we offer refunds in the form of a ‘Future Travel Credit’ (FTC). This credit will be applied to the affected customer’s account and will expire 12 months from the issue date of the credit, meaning the new booking needs to be made within 12 months from the issue date of the credit, with travel any time. Standard terms and cancellation policies will apply to the new bookings that a ‘Future Travel Credit’ is applied to. The ‘Future Travel Credit’ will be to the value of all monies Fairways Escape is able to retrieve from suppliers, and may not be 100% of your trip’s overall value, we strongly advise you have adequate personal travel insurance in place to cover such circumstances (see Section 7).

If any air arrangements that form part of your booking with us are altered due to ‘Force Majeure’ or ‘Unavoidable & Extraordinary Circumstances’ (as defined in Section 4 above), we reserve the right (where possible) to re-book you and any other members of your group on a suitable alternative flight or air carrier. We cannot guarantee that the routing or type of aircraft utilized will be the same as originally booked. Airline tickets are governed by the air carriers’ terms, and we are not responsible for any air carrier’s decision regarding refund.

Golf clubs and golf courses may either close the golf course or operate temporary tees and greens at their sole discretion as a result of adverse weather conditions. Please see the Inclement Weather policyon our website which is incorporated into these Terms.

6. Release

Fairways Escape, and its employees, shareholders, agents, and representatives use Third Party Providers to arrange tours, transportation, golfing, lodging, and all other services related to this tour. Fairways Escape is an independent contractor and is not an employee, agent, or representative of any of these Third Party Providers. Fairways Escape does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, golf course, hotel or restaurants, or any other entity that supplies services related to your tour. All Third Party Providers are independent contractors and are not agents or employees or representatives of Fairways Escape. Third Party Providers are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you interaction with or visit to any Third Party Provider or from any product or service of any Third Party Provider. You hereby release the Fairways Escape from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against Fairways Escape pertaining to the subject matter of this Section 6.

7. Assumption of Risk

Traveler is aware that travel, such as traveler is undertaking on the trip may involve inherent risks, including risks associated with sport. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, accidents on golf courses, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including other travelers, Fairways Escape and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness; known or unknown medical conditions, physical exertion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.

Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness, and death. Traveler hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of Fairways Escape and agrees to and shall hold harmless and fully release Fairways Escape its owners, members, agents, and assigns (together Fairways Escape) from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Fairways Escape and traveler hereby covenant not to sue Fairways Escape for any such claims or join any lawsuit or action that is suing Fairways Escape. This agreement also binds your heirs, legal representatives, and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.

8. Limitations; Basis of the Bargain

APPLICABLE LAW MAY NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FAIRWAYS ESCAPE, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FAIRWAYS ESCAPE, FAIRWAYS ESCAPE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT FAIRWAYS ESCAPE WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

9. Complaints During Your Vacation

If you have a complaint or experience any problems during your vacation, please inform the hotel or supplier concerned as soon as possible. If the matter cannot be resolved locally with the supplier at the time, you must notify our Customer Services Department at our main office address in writing, giving your booking reference and all other relevant information within 28 days of completion of your vacation. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint while you were in resort, and this may affect your rights under this contract.

10. Indemnification

Each traveler is expected to act responsibly and adhere to all behavior guidelines established by Fairways Escape and our local suppliers. Our local suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt others. In any such case, there will be no refund.

Traveler agrees to and shall indemnify and hold harmless Fairways Escape and each of our officers, directors, employees and agents (collectively “Fairways Escape”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by Fairways Escape (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) traveler’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by traveler while participating in the trip.

The lead name on each booking with Fairways Escape is responsible for the actions of their group whilst on the vacation, and may be liable for any costs incurred for the negligence or misconduct of their group.

11. Special Requests and Medical Problems

If you have any special requests, you must advise us at the time of booking. Although we will endeavor to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.

If you or any member of your party has any medical problem or disability that may require assistance, it is your responsibility to tell us before you book or if diagnosed after you confirm your booking as soon as possible after you become aware. If the supplier in question reasonably feels unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline your booking or, if full details are not given at the time of booking, cancel when we become aware of these details.

Our Suppliers are, unfortunately, unable to offer additional assistance to travelers with limited mobility and all such assistance will need to be provided by whoever the traveler is traveling with. Travelers with disabilities must notify Fairways Escape at the time of booking of status and of the identity of their non-discounted, paid travel companion who will be responsible for providing all necessary assistance. We may request that you provide a letter from your doctor confirming your fitness to travel.

12. Passports and Visas and Destinations

It is your responsibility to ensure that you have the correct travel documentation for your destination, and we do not accept any liability if you are refused transportation by any carrier or entry into any country due to your failure to carry correct documentation. Fairways Escape strongly recommends that you consider that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.

Travel to certain destinations may involve greater risk than others. Fairways Escape urges Travelers to remain informed daily as to current news, as well as to review travel prohibitions, warnings, announcements, and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are following all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. Should you choose to travel to a country that has been issued a travel warning or advisory, Fairways Escape will not be liable for damages or losses that result from travel to such destinations.

13. Delays

In the event of delays to your transportation, the provision of refreshments is governed by the individual operator’s policy.

We cannot accept liability for any delays due to arrangements you make for air travel, or any other transportation not booked with us. Where you have booked your flights through us as part of your vacation, any compensation that may be due from us shall be offset by any payment that you receive from the airline or other third party.

14. Changes to these Terms

Fairways Escape reserves the right, in our sole discretion, to change these terms and conditions at any time. Updated versions of the terms and conditions with material changes will be provided to you and are effective immediately upon receipt to you via email. Your continued use of our services including continuing to use or maintain your booking after any changes to the terms and conditions constitutes your consent to the changes.

15. Governing Law/Jurisdiction/Class Action Waiver/Notice

This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida  exclusive of conflict or choice of law rules. Any claims shall be brought in a court of competent jurisdiction located in Florida. You agree that you will only bring claims against Fairways Escape in your individual capacity and not as a plaintiff or class member in and purported class action or representative proceeding. Fairways Escape shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages. You understand and agree that no claims will be considered and that you will not bring suit against Fairways Escape unless you have first provided a typewritten notice of claim to Fairways Escape within 30 days after the vacation or cancellation of the trip.