TERMS AND CONDITIONS OF BOOKING AND PAYMENT:
1. THE CONTRACT
a) The Agreement is made between Ryder Cup Europe Official Hospitality 2014 Limited (“RCOH2014″) and the Client on the terms and conditions set out in this document;
b) Bookings cannot be confirmed by RCOH2014 until the specified booking process has been completed and the first deposit payment has been received from the Client. Only upon receipt of a confirmation from RCOH2014 shall there be a binding contract;
c) Package(s) is/are subject to availability;
d) RCOH2014 reserves the right to sell Packages for a maximum of fifty (50) persons per day to any one Client, its subsidiaries, associates and/or holding companies.
The definitions in this clause 2 apply to these Terms and Conditions (unless the context requires otherwise):
“Agreement” means the arrangement between RCOH2014 and the Client for the booking and fulfilment of selected Package(s) as set forth in writing in the booking process and subject to these Terms and Conditions.
“Apportioned Value” means the proportion of the Package price apportioned by RCOH2014 to a particular day of a multi day package.
“Client” means the person or company who will be the end user of the Package (who is subject to these terms and conditions) and to whom the invoice will be sent;
“Event” means The 2014 Ryder Cup to be held at Gleneagles, Scotland in September 2014;
“Event Week” includes the official practice days and official match days of the Event;
“Introducer” means any Introducer approved by RCOH2014 who introduces end users of Packages to RCOH2014;
“Package” means the package for the Event as detailed in the Package outline and as notified to the Client during the specified booking process;
“RCOH2014” means Ryder Cup Europe Official Hospitality 2014 Limited, the official hospitality company for 2014 Ryder Cup, a wholly owned subsidiary of Ryder Cup Europe LLP;
“RCE” means Ryder Cup Europe LLP and its successors and assigns;
“Selling Price” means price as fixed by RCOH2014; and
“Venue” means Gleneagles, Perthshire, Scotland.
3. PRICES AND PAYMENT TERMS
a) A non-returnable deposit of 50% of the total Package price (plus VAT) shall be paid by the Client to RCOH2014 within 28 days of booking or due date (if different) as detailed on the invoice sent to the Client;
b) The balance of the invoice is to be paid by the Client to RCOH2014 on the date below or, if different, the due date detailed on the invoice sent to the Client;
50% of the total Package price (plus VAT) on or before 1st April 2014;
c) Deposit payments made in accordance with this Agreement are non-refundable;
d) For all bookings completed using the specified booking process and received after 1st March 2014, 100% of the Package price plus VAT must be paid to RCOH2014 within 28 working days from the date of booking. Until cleared funds are received by RCOH2014 bookings cannot be accepted and processed;
e) For bookings received online via www.rydercuphospitality.com or http://rydercup.seetickets.com and where payment is to be made by credit or debit card, 100% of the total Package price (plus VAT) will be charged to the card at the time of booking;
f) For any requests received for upgrades and/or additional extras to the original booking, payment shall be made to RCOH2014 within 28 days of request by RCOH2014 or by the due date (if different) as detailed on invoice. For any requests received after 1st September 2014 for upgrades and/or extras to the original booking, full payment to RCOH2014 must accompany such request and be made by electronic bank transfer or bankers draft only. Until cleared funds are received requests cannot be accepted by RCOH2014;
g) In the event that the time limits in this clause 3 are not adhered to, RCOH2014, at its sole discretion, reserves the right to cancel and reallocate all bookings without prior reference or levy interest on any outstanding amount at 4% above the base rate of Royal Bank of Scotland as in place from time to time. In such cases, the Client will be deemed to have cancelled and the provisions of clause 4 shall apply. The Client will be advised of this course of action in writing;
h) All Package prices quoted are exclusive of VAT which shall be payable to RCH2014 at the rate(s) applicable under English and Welsh law and prevailing at the date of the invoice. The Client must pay to RCH2014 any charges, duties or taxes levied by the Government or other competent authority in full on demand;
i) All payments to RCH2014 will be made in the currency of the RCOH2014 invoice without any deduction, set-off or withholding for any reason.
4. CANCELLATIONS AND AMENDMENTS BY CLIENT
Cancellation and alterations of bookings will be accepted at the sole discretion of RCOH2014. In the event of the Client wishing to alter or cancel the booking any such alteration or cancellation must be agreed to, and then confirmed in writing to RCOH2014. On receipt of such cancellation or alteration instruction and acceptance by RCOH2014, the following terms and scale of cancellation and alteration charges will be applied:
a) Cancellation by the Client will only be valid if made in writing and will be effective from the date the notice is received in the office of RCOH2014 (namely RCOH2014, Wentworth Drive, Virginia Water, Surrey GU25 4LX);
b) If the Client cancels a booking on or before 1st March 2014 it will pay to RCOH2014 50% of the Package price (plus VAT) (giving credit for any deposits already paid);
c) If the Client cancels a booking on or after 2nd March 2014 it shall remain liable to pay to RCOH2014 100% of the Package price (plus VAT);
d) The sums stipulated in this clause represent liquidated damages to compensate RCOH2014 for all losses incurred as a result of such cancellation and the parties acknowledge that they comprise reasonable pre-estimates of actual loss. Insofar as not already received, payments are due to RCOH2014 within 14 days of cancellation
5. CANCELLATION OR CURTAILMENT BY RCOH2014
a) Other than as stated in clause 5 (b) RCOH2014 shall not be liable for any loss, damage or expense caused by cancellation, curtailment or change of schedule of the Event because of government action, strike, civil commotion, national disaster or other force majeure or cause beyond the reasonable control of RCOH2014;
b) RCOH2014 shall only refund the purchase price of the Package(s) (or, if a multi day Package has been bought, the Apportioned Value) where play is cancelled or postponed without any play before the gates to the Event have been opened;
c) In the event that play is cancelled or postponed after the gates to the Event have opened but before play has begun RCOH2014 will refund 50% of the Package(s) (or, if a multi day Package has been bought, the Apportioned Value);
d) In the event that the Event is cancelled or curtailed, except to the limited extent set out in these terms and conditions, RCOH2014 shall not be liable in any way. The Client acknowledges that it has been advised to obtain its own insurance to cover its losses in the case of events not covered by clause 5(b) (such as accommodation and travel). It is strongly recommended that Clients take out their own insurance cover. If the Event is extended to the Monday, the Sunday ticket will gain entry to the Event but in this case no hospitality or catering will be provided;
e) All claims under this clause 5 must be received by RCOH2014 no later than 1st November 2014.
a) RCOH2014 shall have no liability for any Client or any of its guests (other than liability for death or personal injury arising from the negligence of the RCOH2014) for any loss or damage of any nature arising from any breach of any express or implied warranty, term or condition of the Agreement or any negligence, breach of statutory or other duty on the part of RCOH2014 or in any other way arising out of or in connection with the performance or purported performance of or failure to perform the Agreement, except in accordance with these Terms and Conditions of Booking and Payment;
b) In any event, RCOH2014 shall not be liable for:
(i) any loss of profits, goodwill, or any consequential loss or damage; or
(ii) any loss or damage in excess of the package price as invoiced to and paid by the Client;
c) No liability is accepted by RCOH2014 for any acts or omissions on the part of any of its suppliers, subcontractors or agents, except to the extent where RCOH2014 has direct control over such supplier, subcontractor or agent, and whose own conditions of trading shall be deemed to be accepted by the Client unless the Client notifies RCOH2014 in writing of any special arrangements with regard thereto;
d) The Client shall indemnify (on an after tax basis) RCOH2014 from and against all claims, costs demands, fines and expenses including legal fees which arise as a result of actions or omissions of the Client or any of its parties including, without limitation, in respect of any damage to the Venue caused by the Client or its guests;
e) Any complaints must be registered both on the day and in writing to RCOH2014 by 1st November 2014. RCOH2014 shall not be liable for any complaints received after that period;
f) RCOH2014 has no responsibility for any property or personal effects at the Event. It is the responsibility of the Client to confirm with RCOH2014 that any property that may be delivered prior to the Event has been received safely by RCOH2014.
7. THE ADVERTISED PACKAGES
a) Whereas every reasonable effort will be made to ensure the service is provided as advertised, RCOH2014 reserve the right to change the Package (including but not limited to, timings, dates and prices) and arrangements, as long as in the opinion of RCOH2014, it does not materially change the substance of the Package;
b) In the event that any material change to any Package becomes necessary, for any reason other than the cancellation or postponement of the Event through no fault of the RCE or RCOH2014 (which shall be dealt with by clause 6 above), RCOH2014 will offer the Client the option of an alternative Package of comparable standard and offering comparable facilities, or (notwithstanding clauses 4 and 6 above) a prompt and full refund of all and any payment(s) made by the Client in circumstances where there is no alternative Package available or where such alternative Package is unacceptable for reasonable causes.
c) The Client must, in order to cancel the booking, give written notice to this effect to be received by RCOH2014 within 48 hours of notification of the change. The Client accepts that repayment shall be in full and final settlement of all claims in respect of the cancelled booking and RCOH2014 shall have no further liability.
8. TICKET CONDITIONS
a) The Client agrees to abide by all rules and conditions imposed by RCE, the Event, and the Venue including, without limitation, any and all conditions of sale applicable to tickets for the Event as well as other rules relating to attendance of the Event. The tickets in the Packages sold are subject to RCE Ticketing Terms and Conditions subject to which tickets are issued;
b) RCE/RCOH2014 reserves the right to request details of each guest attending the Event. Required details may include any or all of Name, Address, Date of birth, current photograph, contact details (mobile telephone number and/or valid email address);
c) Guests may be refused entry to the venue if they do not hold a valid photo ID document;
d) The Client is expressly and unconditionally forbidden to resell, or allow for resale by any of its own staff or clients any badges, admission tickets, car parking passes or any other elements of the Package purchased without RCE’s express written consent;
e) The Package may not be resold as a whole or in part as part of another hospitality package or as part of a travel package or similar offering without the written consent of RCE (which it may withhold or refuse in its absolute discretion);
f) Packages and tickets therein shall not be used as competition prizes, trade incentives or for other commercial purposes, nor may they be used in raffles, tombolas, lotteries or draws whether for commercial or charitable purposes without the prior written authority of RCE (which may withhold such authority at its sole discretion);
g) Packages and tickets therein shall not be resold or transferred save as set out herein and shall not be purchased or obtained from or through any commercial agent or company or otherwise than directly from RCOH2014. If more than one Package or ticket is issued to a Client those Packages or tickets may be used only by those persons intending to accompany that Client to and at the Event. The provision of such Packages and/or tickets by a Client to such persons without payment shall not contravene these conditions. Any Packages or tickets obtained in breach of these conditions shall be void and all rights conferred or evidenced by such tickets shall be nullified. Any person seeking to use a ticket in breach of these conditions in order to gain or provide entry to or remain at an Event will be liable to be refused admission to or be ejected from the venue and may be liable to legal action;
h) The tickets supplied as part of the Packages shall at all times remain the property of RCE;
i) All Clients and their guests will be subject to the ground regulations of the Venue as a condition of admission. For example, Clients and guests may be prohibited from taking in or using at the Venue any type of camera, video camera or similar recording device, mobile phone, pushchairs, prams, step ladders or animals;
j) No identification banners, balloons or other advertising or promotional gifts/items whatsoever may be displayed by or on behalf of the Client anywhere at the Venue or hospitality area(s) during the Event Week without RCOH2014’s prior written approval. Clients will be permitted to supply items for their guests to wear or carry at the Venue during the Event Week only with RCOH2014’s prior written consent. Items which are very small in size and are intended for identification purposes only will be permitted, subject to samples of such items being submitted for written approval from RCOH2014 in advance. All prior consents from RCOH2014 which the Client may wish to seek given the above rules should be sought through RCOH2014 by submitting proposals in writing with samples. Please allow not less than three weeks for approval/disapproval to be confirmed by RCOH2014.
a) The Client shall be responsible for ensuring the good and orderly behaviour of all of its guests and invitees whilst at the Venue and in the environs during the Event Week. If any person within the Client’s party behaves in a loud, disorderly, unruly or abusive manner, then the Client, immediately after being asked to do so by a representative of RCOH2014, shall procure that its guest(s) shall leave the Venue. RCOH2014 reserves the right to exclude or eject any person from the Event if, in its opinion, their behaviour is likely to cause distress, damage or annoyance to other people or property. RCOH2014 shall not compensate any person in any way in respect of such removal or requirement to leave the Venue;
b) At a minimum, smart casual attire is required in the facilities (as per Package outline) provided by RCOH2014 at any time. RCOH2014 reserve the right to refuse admission to any person wearing inappropriate items of clothing and/or footwear or to require any such person to leave the Venue. RCOH2014 shall not compensate any person in any way in respect of such refusal or requirement to leave the Venue.
10. USE OF MARKS
No Client may use any trademarks of RCE or any associated group companies, the Event or the Venue or claim any association with The 2014 Ryder Cup or the hospitality services without RCOH2014’s prior written consent.
11. ENTIRE AGREEMENT
This Agreement sets out the entire agreement between RCOH2014 and the Client. It supersedes any prior proposal, assurance, agreement, understanding or arrangement, whether oral or written, between RCOH2014 and the Client, in relation to bookings that they apply to. All other guarantees, warranties, representations or conditions whether expressed or implied howsoever are excluded and hereby negated.
12. WAIVER AND SEVERABILITY
Should any part of this Agreement for any reason prove ineffective or unenforceable the validity of the remaining terms and conditions shall not be affected and shall be enforceable. No delay or omission on the part of RCOH2014 in exercising any right, power or remedy provided by law shall impair such right, power or remedy, or operate as a waiver thereof.
No alterations to the Agreement made between the Client and RCOH2014 for the booking, sale and use of any Package(s), may be made except with the express written consent of RCOH2014.
RCOH2014 shall be entitled to assign or sub-contract any of its rights, benefits and interests in or under the Agreement to any third Parties. The Client shall not assign, transfer or charge the benefits of the Package(s) without the express written consent of RCOH2014.
The headings in this Agreement are inserted only for convenience and shall not affect their construction.
The Agreement and any disputes under it shall be governed and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the English courts and the Client shall irrevocably submit to the exclusive jurisdiction of the courts of England & Wales.
17. CLIENT AS AN AGENT
RCOH2014 will not contract with an agent and this contract must be with the end user only. All correspondence with regard to the Event will be sent directly to the Client unless otherwise directed by the Client. If the Client wishes to nominate the Introducer to manage their hospitality then RCOH2014 must be notified in writing at the time of booking. RCOH2014 accept no responsibility for the actions, statement or omissions of the Introducer.