Terms and Conditions

The terms and conditions listed below apply to the hire of equipment between you as “the Hirer” as hereinafter defined and us “MGG” as hereinafter defined. These terms and conditions do not affect your statutory rights as a consumer.

We ask you to read our Online Booking Terms and Conditions as well as our Cancellation Policy as you will be asked to confirm that you have read and understood these before your booking can be confirmed.

a. MGG means Morocco Golf Guru.

b. “the Hirer” means the hirer as detailed on the booking submission form.

Where more than one person is specified as the hirer then each and every person is jointly and severally responsible for performance of the contract as referred to in condition 2 hereof.

c. “Booking submission form” means the form completed by the Hirer and which refers to these terms and conditions which are deemed to be incorporated therein.

d. “hire” means the provision of equipment by MGG to the Hirer for the agreed period of time, and at the agreed cost, and subject to these terms and conditions.

e. “equipment” means the equipment let out to the Hirer by MGG as detailed on the booking submission form and subject to these terms and conditions.

 

a. The Hirer must submit a booking submission form to MGG in respect of the equipment that the Hirer wishes to hire, fully completed with all the details requested by MGG.

b. The Hirer must be aged 18 years or over. Those using equipment must be 16 years or over.

c. MGG must receive a deposit or the full amount owed for the hire before the Hirer’s order can be accepted. Once full payment has been received by MGG we will confirm that your booking has been accepted by sending an email to you at the address you provide in the booking submission form.

d. Our acceptance of your booking brings into existence a legally binding contract between MGG and the Hirer.

e. It is the Hirer’s responsibility to ensure that all the information given on the booking submission form is complete and accurate. In the event that the details given are incomplete, misleading or incorrect, the Hirer will be responsible for all costs associated in remedial action required.

f. In the event that the Hirer is a consumer as defined in The Consumer Protection (Distance Selling) Regulations 2000 or any re-enactment thereof then the Hirer has the right to cancel the contract between MGG and the Hirer within a period of seven working days, starting on the day after the Hirer submits the booking submission form. Written notice of cancellation must be given by the Hirer to MGG by post or email and once received, MGG will return any payment made by the Hirer to MGG within 30 days of the date of the notice of cancellation. The right to cancel shall not apply where the Hirer has already accepted delivery of the equipment or where the period of hire has commenced.

 

a. The hire period shall commence on the date of the delivery of equipment to the Hirer and will terminate on the date of collection of the equipment by MGG, and this constitutes “the hire period”. MGG can accept bookings made up to 12 months in advance. The date of delivery and the date of collection shall be counted as whole hire days. The minimum hire period is 1 day and the maximum hire period is sixty days.

 

3.1 – Subject to Availability:

MGG will make all reasonable efforts to provide you with the Equipment you order. However, please note that due to unknown factors such as Equipment not being returned on time, insufficient lead time, lost, broken or stolen Equipment, etc., all of our Equipment is subject to availability. If the Equipment you desire is unavailable, we will endeavour to replace it with Equipment of the same standard that is apt to fulfil the same purpose.

 

a. The hire charge shall be payable in advance at the time the Hirer receives the confirmation of availability from MGG by email or website response. The hire charge is as set out on our website.

b. In some circumstances delivery charges apply to the delivery and collection of the equipment to the Hirer by MGG and these delivery charges are set out in our website. Delivery charges shall be payable in advance at the time the hirer receives the confirmation of availability from MGG.

c. If the Hirer does not make the equipment available for collection on the date agreed on the booking form, the Hirer will be responsible for a further hire charge until the equipment is collected by MGG. In the event that the Hirer does not return the equipment to MGG before the end of the agreed hire period then MGG shall be entitled to charge the hirer the full amount or a proportion of the hire charge applicable to the agreed hire period as MGG deems appropriate.

d. The hire charge is inclusive of any VAT that may be chargeable.

5.1 – All hires and purchases that you make through MGG will be transacted by means of a valid payment card at the time of making a reservation. Hirers hereby authorize MGG to charge their payment card immediately and without prior notice for any amounts due plus any late, lost, stolen, broken, non-returned equipment, and for all other amounts payable under these terms and conditions.

5.2 – For any single set booking a €10 charge will apply. 

MGG will charge your payment card for the amount due for the entire Hire Period when you make your online booking and by accepting these Terms and Conditions you hereby authorize this charge. In addition, you also authorize MGG to charge your payment card for any late, lost, stolen, broken, non-returned equipment in accordance with Clause 6.2 and for all other amounts payable under these Terms and Conditions.

Payment can be made using the following methods:

“Mastercard” debit or credit card, and “Visa” debit or credit. Payment using any of these cards is accepted in accordance with the limits authorised by your card issuer.

a. MGG will deliver the equipment specified by the Hirer on the booking submission form to the Hirer only to the address given to MGG by the Hirer on this form, and on the date and within the time slot specified by the Hirer on the booking submission form for delivery. The Hirer must produce proof of identity, a valid passport and valid credit card at the time of delivery, failing which MGG will have the right to refuse delivery of the equipment. An impression is taken of your credit card but will only be used in the event of subsequent loss or damage to the equipment to place a charge up to your liability limit

b. The Hirer will make available all the equipment for collection by MGG at the address, date and time specified by the Hirer on the booking submission form as these are the collection details approved by MGG in their acceptance of the Hirer’s order.

 

a. It is the Hirer’s responsibility to ensure that the equipment ordered for hire is suitable for the Hirer’s requirements. It will be the Hirer’s responsibility at the time of delivery of the equipment to ensure that it corresponds to the equipment ordered and is in suitable condition. The Hirer will be asked at delivery to sign a delivery receipt confirming (a) delivery of the equipment and (b) that the equipment is in a suitable condition.

b. If at delivery any of the equipment is found to be faulty or does not correspond with the equipment ordered, this shall be notified to MGG at the time of delivery. Failure to make notification shall mean that MGG shall have no liability to the Hirer. On receipt of such notification MGG will use all reasonable endeavours to provide suitable replacement equipment.

 

a. The Hirer will be responsible for the care and security of the equipment during the hire period. The equipment will be under the control of the Hirer at all times from delivery to collection and the Hirer shall ensure that the equipment is used safely and without risk to health and is not used for any purpose for which it is not designed. The equipment shall not be used by any person under the age of sixteen years.

b. The Hirer shall be responsible for and shall indemnify MGG against all loss or damage caused by or to the equipment from whatever cause.

c. The Hirer is not permitted to take the equipment to a location outside of Morocco.

d. The Hirer agrees to pay all costs incurred by MGG in remedying any damage or cleaning of the equipment and hire charges will continue until such rectification is complete.

e. In the event of equipment failure we will use all reasonable endeavours to repair or replace the equipment with the same or similar specification within one working day and at no charge to you.

f. Should the equipment failure prove to be due to the misuse, negligence or fault of the Hirer or its servants, agents or associates then MGG reserves the right to pass on the repair costs to the Hirer. Under no circumstances shall the Hirer attempt any repairs to the equipment themselves.

g. Insurance is available to limit the liability for loss or damage to equipment whilst in the Hirer’s possession, with the following limitations to liability (prices in Euros) :

i.Damages & Theft: up to the limit of the Equipment’s replacement cost.

ii.Failure to Return the Equipment: failure to return the Equipment for any reason on the Last Hire Day or when requested to do so by MGG will result in our charging your payment card the full amount of the manufacturer’s replacement cost for the Equipment, in addition to any charges for the Hire Period.

Failure to return the Equipment for any reason on the Last Hire Day or when requested to do so by MGG will result in our charging your payment card the full amount of the replacement cost. As MGG will only provide original manufacturer produced clubs, the replacement cost will be based on the manufacturer’s suggested retail price for the Equipment, in addition to any charges for the Hire Period.

Where Insurance Protection has been purchased, the charge with respect to damage shall be reduced to zero providing the head of the club is returned undamaged (shaft damage only). Where the head of the club is not returned said equipment will be deemed as lost/stolen. If any damaged club returned is unrepairable, this will also be deemed as lost/stolen and the appropriate amount will be automatically charged to the payment card. Any club head damage will be assessed on a case by case basis.

Abuse/Neglect/Misuse of Equipment will be deemed as lost/stolen

Where the Insurance damage/loss waiver has been purchased, the charge in respect to lost/stolen equipment shall be reduced to the excess for that club(s). A full tariff of excesses is listed below.

 

Brand Type Stolen/Lost Broken*

No InsuranceInsuredNo InsuranceInsured

Wilson Driver 199 99 99 0

Wood9949490

Iron4525250

Putter3520200

Mizuno Driver 399 149 149 0

Wood24979790

Iron11050500

Putter15050500

Callaway Driver 399 149 149 0

Wood24979790

Iron11050500

Putter15050500

 

 

 *To qualify as a broken club the head and broken shaft must be returned. If this is not the case it will be treated as a lost/stolen

Should there be a requirement to recover abandoned items from your hire set from your accommodation or Golf Course after you have departed, there will be a fee of €25 plus €1 per km for the recovery of each set or item.

Should an item be lost and subsequently found at your hotel or golf course, the same charges shall apply.

 

The equipment is and shall remain the sole property of MGG and the Hirer shall not sell, pledge, hire or otherwise deal with or part with possession of the equipment or any part thereof.

 

14.1 – Nothing in these Terms and Conditions will affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of MGG. You expressly acknowledge and agree that MGG, its officers, directors, employees or representatives will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profits, goodwill, use, data or other intangible losses (even if MGG has been advised of the possibility of such damages), resulting from the online booking.

14.2 – Neither party shall be liable for failure in its performance hereunder caused by any case of Force Majeure. Force Majeure shall be considered as any irresistible or unforeseeable event, independent of the party suffering of the case of Force Majeure, which prevents this party from fulfilling its obligations.

14.3 – You do not acquire any ownership or other interest in the Equipment.

a. MGG shall have no liability to the Hirer for any failure to deliver the equipment or goods ordered by the Hirer or any delay in doing so or for any damage or defect to equipment or goods that is caused by any event or circumstance beyond the reasonable control of MGG, including, but without limitation to, strikes, lock outs and other industrial disputes, breakdown of systems or network access, flood, fire explosion or accident.

 

16.1 – Duties of MGG

i. Provide the Equipment on the First Hire Day, subject to clause 3.4

ii. Ensure that the Equipment is fit for purpose

16.2 – Your duties

i. Pay the price referred to in Clause 6

ii. Not to use the Equipment imprudently

iii. Allow MGG to examine the Equipment at any time.

iv. Allow any urgent repairs to the Equipment

v. Inform MGG immediately if there is any fault or defect

vi. Return the Equipment in its initial condition on the Last Hire Day

16.3 – Repossession of Equipment: MGG reserves the right to request the return of the Equipment or to repossess the Equipment if you do not comply with your duties as above, or if the Equipment appears to be abandoned. In the event of repossession, MGG reserves the right to charge your payment card for the full Hire Period or for any period thereof.

 

a. MGG may terminate the contract with the Hirer if the Hirer is in breach of contract and/or of these terms and conditions.

b. MGG may terminate this contract if there is insufficient equipment and/or goods to fulfil the Hirer’s order.

c. MGG may terminate this contract due to an unforeseen operational reason.

d. If MGG does terminate the contract with the hirer then MGG will notify the hirer by email or letter and will refund the hirer either the complete hire charge or the applicable proportion thereof. MGG will not be obliged to offer any additional compensation for disappointment suffered.

 

When you place an order on our website, you are connected to our secure server. The secure server software (SSL) encrypts all information you input.

Furthermore, all information is collected lawfully and in accordance with the Moroccan Data Protection Act.

 

When you place an order we collect your name, e-mail address, mailing address, phone number and payment card information. Client’s payment card details are held by a third party in a vault system operated by Realex Payments. This information will act as security against your booking. MGG have self-certified compliance with the PCI council standards.

MGG does not keep a record of your credit card number. We will record which products you book and which products you purchase. We also monitor customer traffic patterns and site use which enables us to improve the service we provide.

This information is used to process orders and to provide a more personal shopping experience.

The payment card used to make a booking will act as security for the clubs booked.

We may require you to produce your credit card on pick up of clubs if necessary.

We do not hold or store any customer’s financial details.

If you have any question regarding our privacy policy please contact our Customer Service team at info@moroccogolfguru.com

 

a. As an additional service to the Hirer, MGG has from time to time goods available for purchase as detailed on the website and an order for same if required should be made via the website along with the details of the hire.

b. All orders are subject to MGG’s approval and product availability and MGG reserves the right to change prices on their website without prior notification. All goods advertised on MGG’s website are an invitation to the Hirer to make an offer to purchase the goods from MGG and consequently acceptance of offers to purchase goods only takes place when MGG accepts the order, as referred to in Condition 2 hereof. Any goods purchased by the Hirer will be delivered along with the equipment at the start of the hire period. Payment for said goods is to be made by the Hirer in advance, along with the hire charge as detailed in Condition 4 hereof.

 

We know that travel can be stressful and things can change. To give you more flexibility we are pleased to offer you the following cancelation policy.

21.1 – If you give us more than 5 days notice we can cancel your booking in full and issue you with a voucher for the full value. The voucher can be used at any of our locations for up to 5 years.

Alternatively you can receive a cash refund on the following basis:

21.2- You may cancel this agreement at any time by notifying MGG by email of your intention to cancel. Club hire can only be cancelled by email. Phone cancellations cannot be accepted. In the case of cancellations, the following is our cancellation policy:

A minimum charge of €10 per set will apply to all cancellations. Cancellation of less than 28 days from date of pick up will result in a charge of 25% of the value of the booking. For cancellations of less than 14 days’ notice, a charge of 50% of the value of the booking will apply. For bookings cancelled less than 5 days but more than 48 hours from date of pick up, a charge of 70% of the value of the booking will apply.

No refund will apply to bookings cancelled less than 48 hours from date of pick up. Our online cancellation policy supersedes all other written Hire Agreements that may be signed at our locations.

 

21.3- Unused Booking: Equipment that is scheduled to be picked up will be kept for 12 hours and then cancelled. If the golf hire equipment is not picked up, no refund will apply and no amendment will apply to any unused booking.

21.4-Changing bookings and Extension of Hire Period. We will do our best to accommodate any changes that you may wish to make to your booking, including any extension that you may wish to make to the hire period. Please note, however, that any such changes are subject to availability particularly when requested within 72 hours or less of your first hire day.

21.5 Vouchers issued cannot be exchanged for cash.

 

a. Should any of these terms and conditions be held to be unenforceable or invalid (including any provision in which MGG excludes it liability to the Hirer), the validity of the remaining terms and conditions will remain unaffected and shall be in full force and effect. No waiver of any right or breach by us under these terms and conditions shall be effective unless in writing and signed by one of MGG’s partners.

b. Save as precluded by law, MGG will not be liable to the Hirer for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problems the Hirer notifies to MGG and MGG shall have no liability to pay any money to the Hirer by way of compensation other than to refund to the Hirer the amount paid for the Hire Charge. 2. Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights the Hirer might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit MGG’s liability to the Hirer for any death or personal injury resulting from MGG’s negligence.

 

a. The construction, validity and performance of these terms and conditions in any dispute arising from them shall be governed by the laws of the country in which your booking is made for and the courts shall have jurisdiction in any disputes between the parties hereto.

 

a. These terms and conditions, together with our current website prices, booking submission form, delivery details, contact details and privacy policy, set out the whole of the agreement relating to the hire of the equipment and to the supply of goods to the Hirer by MGG. Nothing said by any sales person on MGG’s behalf should be understood as a variation of these terms and conditions or as an authorised representation about the equipment or the nature or quality of any goods ordered for sale by MGG. Save for fraud or fraudulent misrepresentation, MGG shall have no liability for any such representation being untrue or misleading.

 

Morocco Golf Guru Limited

Registered office:

407 Lotissement M’Hamid 3, M’Hamid Marche, Magasin No 3, Marrakech, Morocco