THE CONTRACT – BOOKING
- The Agreement is made between the French Branch of Ryder Cup 2018 Commercial Limited (TVA number FR 55 824 814 941) of Multiburo Trocadero, 14 avenue d’Eylau, 75016, Paris with worldwide (excluding USA) Professional Indemnity insurance of £5 million (underwritten by Nexus) (“RC18CL”) and the Client on the terms and conditions set out herein.
- A Booking shall be made and a binding contract will be formed on the terms set out in this Agreement upon submission by the Client and receipt by RC18CL of a completed Booking Form as follows:
The Client has the right to commence a Booking by making an enquiry via phone or by email to RC18CL's Customer Service, the details of which are set out in clause 19 hereof.
Within a maximum of four (4) business days from receipt of his/her request, RC18CL will send that Client by email a quote in the form of the Booking Form, which shall incorporate the Package Price (the “Quote”). Such Booking Form will also incorporate these Hospitality Terms and Conditions, and links to the Ticket Terms and Conditions and the Ground Regulations.
The validity period of a Quote is 48 hours from the time of its transmission by email. After this period, RC18CL reserves its right to update the content of the Package and the Package Price.
The Quote will be issued free of any charges or fees.
Having had the opportunity to review these Hospitality Terms and Conditions, the Ticket Terms and Conditions and the Ground Regulations, the Client must confirm the Booking by way of completing, signing and returning the Booking Form in accordance with the directions set out on the Booking Form.
For any Booking Form received after 31 July 2018, 100% of the Package Price (all taxes included) must be paid toRC18CL on the date of Booking to constitute a valid Booking.
The Booking only becomes effective and the Agreement is only concluded when the Booking is confirmed by RC18CL's Customer Service by way of an email sent to the Client acknowledging receipt and acceptance of the submitted Booking Form incorporating the Hospitality Terms and Conditions, the Ticket Terms and Conditions and the Ground Regulations.
Any reservation, additional request, comment and/or restriction or other change made by the Client on the Quote and/or on the Booking Form prior to submission will be null and void and will invalidate the Booking Form.
However, RC18CL shall be entitled to assess such change and may send to the Client a new Quote by way of a new Booking Form, which shall also be subject to the provisions of this clause 1(b)(i).
In the event that RC18CL does not issue any such new Quote, the Client shall be entitled to choose between accepting the initial Quote or refusing it. For the avoidance of doubt, this clause, which provides for changes being made to the Booking Form prior to it being returned to RC18CL, does not affect clause 3(g) below and the process whereby a Client wishes to amend a Booking subsequent to the Agreement having been formed.
The archiving of emails for Booking confirmation and conclusion of the Agreement sent to the Client is made by RC18CL on reliable and durable backup media. They may be requested by the Client by writing to RC18CL’s Customer Service the details of which are set out in clause 19.
ii. Online (rydercup.com)
The Client may also make a Booking on www.rydercup.com (the "Official 2018 Ryder Cup Website").
The Booking process is as follows:
- selection of the Package and quantities;
- selection of payment method (bank transfer, credit card, debit card over the phone or online);
- validation of the content of the cart by clicking on the button "order with obligation to pay;
- confirmation of the Booking by clicking on the button "confirm my Booking";
- acceptance of these Hospitality Terms and Conditions, the Ticket Terms and Conditions and the Ground Regulations;
validation of the payment and email acknowledging receipt of the Booking and receipt of payment.
- Before clicking on the button "confirm my Booking” and during the booking process the Client can see the detail of his/her order as well as its total price and return to the previous pages in order to correct possible mistakes or modify the Booking.
- For any Booking Form received after 31 July 2018, 100% of the Package Price (all taxes included) must be paid toRC18CL on the date of Booking to constitute a valid Booking.
- The Booking only becomes effective and the Agreement is only concluded when the Booking is confirmed by RC18CL's Customer Service by way of an email sent to the Client acknowledging receipt and acceptance of the submitted Booking Form incorporating the Hospitality Terms and Conditions, the Ticket Terms and Conditions and the Ground Regulations.
- The archiving of emails for Booking confirmation and conclusion of Agreement sent to the Client is made by RC18CL on reliable and durable backup media. They may be requested by the Client by writing to RC18CL’s Customer Service, the details of which are set out in clause 19 or can be found in the Client's online account.
- All Packages will be posted to the Client to the address given by the Client for posting requiring delivery to be “signed for”. Postage costs are included in the Package Price. RC18CL shall be responsible for any Package that is lost prior to being signed for (prior to delivery), and shall supply a substitute/replacement and cancel the original. The Client is responsible for any Package that is lost after being signed for (upon delivery).
- The provision and cost of the equipment (such as computers and phones) used by the Client for making a Booking shall be borne exclusively by him/her, as well as telecommunications costs arising from its use. The Client is also solely responsible for ensuring that the Client has an electronic mailbox in good working order in order to enable the Booking process set out in this Agreement to be completed.
Notwithstanding any other rights of cancellation by RC18CL herein, RC18CL shall be entitled to cancel or invalidate all or part of any such Booking within two (2) clear business days from RC18CL’s receipt of a Booking Form, due to:
- the unavailability in whole or in part of the booked Packages;
- the Client's lack of sufficient solvency;
- the lack of payment by the Client on due date of all or part of a previous or current Booking, regardless of the concerned Packages;
- the non-compliance by the Client with any of its obligations pursuant to a previous or current Booking, regardless of the concerned Packages;
- fraudulent activity or any behaviour of an abnormal nature;
- the participation, direct or indirect, of the Client in any unauthorised sale of tickets or of hospitality packages or in any other ambush marketing activity;
- any act of unfair competition of the Client;
- activity or professional conduct of the Client and/or of its personnel likely to undermine the image of the Event and/or of RC18CL;
any unforeseeable and insurmountable act of a third party or event of force majeure preventing, directly or indirectly, the completion of the Booking.
- In case of cancellation or invalidation of a Booking, RC18CL shall immediately inform the Client who shall then be refunded any monies paid without delay and at the latest within 14 days of the cancellation or invalidation of his/her Booking.
- Packages are subject to availability.
- The essential characteristics of Packages and these Hospitality Terms and Conditions are available in The Ryder Cup 2018 Official Hospitality Programme accessible on the Official 2018 Ryder Cup Website exclusively in French and English languages. For any requests for further information, the Client may contact RC18CL’s Customer Services (the details of which are set out in clause 19).
- RC18CL reserves the right to sell a maximum of fifty (50) Packages (or, in the case of the Samuel Ryder Club, a maximum of 4 (four) Packages) per day to any one Client. For any Booking request in excess of this limit, the Client may contact RC18CL’s Customer Services (the details of which are set out in clause 19).
The following capitalised terms have the following meanings in these Hospitality Terms and Conditions:
“Agreement” means the arrangement between RC18CL and the Client for the Booking and fulfillment of selected Package(s) as set out herein incorporating these Hospitality Terms and Conditions, the Ticket Terms and Conditions and the Ground Regulations;
“Apportioned Value” means the proportion of the Package Price apportioned by RC18CL to a particular day of a multi-day package;
“Booking” means receipt of a completed Booking Form by RC18CL;
“Booking Form” means the format of booking form required by RC18CL to be completed by the Client wishing to purchase a Package;
“Client” means the Consumer or Non-Professional (person or company) which completes the Booking Form;
“Consumer” means any natural person who is acting for purposes that are outside his/her trade, business, craft, profession or farming business;
“Event” means The 2018 Ryder Cup Match to be held at the Venue;
“Event Week” includes the official practice days and official match days;
“Ground Regulations” mean those regulations that govern the access to and use of the Venue from time to time (including any amendments thereto) which are referred to and defined in the Ticket Terms and Conditions and which shall be available on, or shall otherwise be accessible via, the Official 2018 Ryder Cup Website;
“Guest” means any relative, close friend, employee, colleague, legitimate business client (excluding any third party deemed a client by way of purchasing any Package) of the Client and/or any other person accompanying the Client to the Event to whom a Ticket may be transferred by the Client in accordance with this Agreement;
“Hospitality Terms and Conditions” mean the conditions set out in these 2018 Ryder Cup Official Hospitality Programme Terms and Conditions (Consumer and Non-Professional);
“Non-Professional” means any legal person who is acting for purposes that are outside his/her trade, business, craft or profession;
“Official 2018 Ryder Cup Website” means www.rydercup.com;
“Package” means the hospitality package for the Event as set out in the Booking Form and as more particularly detailed in the Ryder Cup 2018 Official Hospitality Programme //assets.rydercupeurope.com/2018/rc-2018-hospitality-update-en.pdf, which Package will include a Ticket;
“Package Price” means the price of the Package as provided by RC18CL and set out on the Booking Form;
“Quote” has the meaning given to it in clause 1(b)(i) above;
“RC18CL” means the French Branch of Ryder Cup 2018 Commercial Limited, the official and exclusive hospitality provider for The 2018 Ryder Cup, a wholly owned subsidiary of RCE;
“RCE” means Ryder Cup Europe LLP and its successors and assignees;
“RCE Group” means RCE, the PGA European Tour and their respective subsidiaries and branch offices of the same;
“Ticket” means any official ticket, pass or other accreditation for entry to the Event as defined in the Ticket Terms and Conditions;
“Ticket Terms and Conditions” mean those terms and conditions that govern and apply to all Tickets in respect of the Event available on the Official 2018 Ryder Cup Website;
“Venue” means Le Golf National, 2 avenue du golf, 78286 Guyancourt, France.
PRICES AND PAYMENT TERMS
- Packages will be invoiced at the Package Price set out on the Booking Form whether the Booking is made by phone, email or online.
- A deposit of 50% of the total Package Price (all taxes included) shall be paid to RC18CL within 28 days of the Booking or as otherwise detailed on the invoice.
- The balance of 50% the Package Price (all taxes included) is to be paid to RC18CL on or before 31 March 2018 or as otherwise detailed on the invoice.
- The deposit payment of 50% is non-refundable except where the Client cancels the Booking due to any unforeseeable and insurmountable act of a third party or by reason of force majeure as defined under Article 1218 of the French Civil Code or recognised by French courts.
- For all Booking Forms received after 1 April 2018, 100% of the Package Price (all taxes included) must be paid to RC18CL within 28 days of the Booking.
- or all Booking Forms received after 31 July 2018, 100% of the Package Price (all taxes included) must be paid to RC18CL on the date of Booking.
- For any requests received for upgrades and/or additional extras to the original Booking Form and agreed by RC18CL, payment shall be made to RC18CL within 28 days of agreement or the due date (if different) as detailed on the relevant invoice. For any requests received after 31 July 2018 for upgrades and/or extras to the original Booking Form, full payment to RC18CL must accompany such request and be made by electronic bank transfer, credit card or bankers draft only. The Client will be liable for all fees in respect of, and a variation shall be deemed binding in respect of, upgrades and/or additional extras upon agreement by RC18CL of any such request.
- If the above payment dates are not met by the Client, the Client will remain liable for the full Package Price but RC18CL shall also at its sole discretion be entitled to cancel the Booking by notice in writing and reallocate that Booking without prior reference to the Client.
- Any sum which is not paid by the Client on the due date as provided for on the invoice shall automatically and without prior notice lead to the application of a late payment penalty of 5% of the unpaid amount, payable the day following the payment date mentioned on the invoice.
- The sums stipulated in this clause represent liquidated damages to compensate RC18CL 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 within 14 days of cancellation.
All Package Prices quoted are in euros and with all taxes included. The Package Price does not include any insurance the Client wishes to take out as referred to in clause 5(a) below, which may be set out separately on any Booking Form if applicable.
- RC18CL may also invoice the Client the price of additional services expressly requested by the Client and the cost of which has been pre-agreed.
- All payments shall be made by electronic bank transfer, credit card or bankers draft only, to the exclusion of any other payment method.
- CANCELLATIONS AND AMENDMENTS BY CLIENT
- After a Booking is confirmed by RC18CL, the Client cannot rescind or cancel the Booking except due to any unforeseeable and insurmountable act of a third party or event of force majeure as defined under Article 1218 of the French Civil Code or recognised by French courts which prevents the Client from making use of the hospitality the subject of the Booking.
- In all other cases, the Client cannot elect to return, exchange or alter any Booking or any Package which has been sold without RC18CL’s written consent (to be given or withheld in RC18CL’s sole discretion).
- As the sale of a Package constitutes a service of leisure activity to be supplied on a determined date, the provisions of Article L 221-18 of the French Consumer Code relating to the right of withdrawal are not applicable to the purchase of Packages.
- CANCELLATION OR CURTAILMENT BY RC18CL
- RC18CL shall not be liable to refund any fees of any nature to the Client or costs incurred by the Client or otherwise be liable for any loss, damage or expense caused by cancellation, curtailment or change of schedule of the Event because of any unforeseeable and insurmountable act of a third party or event of force majeure as defined under Article 1218 of the French Civil Code or recognised by French courts.
- Accordingly, the Client acknowledges that it has been advised to obtain its own insurance to cover its losses in the case of events referred to in the above paragraph (such as accommodation and travel). It is strongly recommended that Clients take out their own insurance cover. The Client also acknowledges that it has either taken such insurance or it has, having been given advice, chosen not to do so.
- RC18CL shall refund the Package Price (or, if a multi-day Package has been bought, the Apportioned Value) where play is cancelled or postponed without any play before the gates have been opened. In cases in which the gates have been opened, RC18CL shall refund the Package Price (or, if a multi-day Package has been bought, the Apportioned Value) on a pro rata basis in respect of the hospitality services carried out.
- However, the Package Price shall not be totally or partially refunded if play is totally or partially cancelled or postponed because of any unforeseeable and insurmountable act of a third party or event of force majeure as defined under Article 1218 of the French Civil Code or recognised by French courts.
- If the Event is extended to the Monday, the Sunday ticket will allow entry to the Event (subject to the suitability of the Venue for spectators) but in this case no hospitality or catering will be provided.
- In the case of a Client refund as referred to in clause 5(b) above, RC18CL shall refund to the Client any paid sum within 14 days of the date of cancellation or postponement of the Event. Any sum not paid by RC18CL within 14 days shall automatically and without prior notice lead to the application of a late payment penalty of 5% of the unpaid amount, payable the day following the end of the 14 day period.
- All other requests for refund from the Client must be received by RC18CL at the latest one year after the end of the Event. Requests for refunds shall be sent by email to: firstname.lastname@example.org or by registered letter with acknowledgement of receipt to: Ryder Cup 2018 Commercial Limited, Multiburo Trocadero, 14 avenue d’Eylau, 75016, Paris, France. Thereafter all claims will be waived and any right to a refund shall no longer apply.
- The same process shall apply to any request for payment from RC18CL which shall be sent to the Client by email or by registered letter with acknowledgement of receipt at the latest one year after the end of the Event.
- LIMITATION OF LIABILITY
- RC18CL shall have no liability for any damage suffered by any Client or any of its Guests due to any incident which occurred during the Event, except where the same is caused by RC18CL’s serious misconduct or wilful neglect, duly proven.
- RC18CL shall not be liable for:
- any direct or indirect loss of profits, goodwill, or any consequential loss or damage; or
- any loss or damage in excess of the Package Price as invoiced to and paid by the Client, except where the same is caused by RC18CL’s serious misconduct or wilful neglect, duly proven.
- Neither party excludes or limits its liability under this Agreement for death or personal injury caused by its serious misconduct or negligence or for any other type of liability which cannot by law be excluded or limited.
- The Client shall indemnify RC18CL for any damage to the Venue caused by the Client or its Guests or for any damage suffered by RC18CL due to the Client’s or a Guest’s serious misconduct or wilful neglect.
- In any event, neither RC18CL nor the Client shall have any liability where the performance of its/his/her obligations is delayed, hindered or prevented because of the non-performance or improper performance by the other party of its/his/her obligations, any unforeseeable and insurmountable act of a third party or for reason of event of force majeure as defined under Article 1218 of the French Civil Code or recognised by French courts.
- Except for claims relating to personal injury, any complaints from the Client must be received by RC18CL at the latest one year after the end of the Event. Such complaints shall be sent by email to: email@example.com or by registered letter with acknowledgement of receipt to: Ryder Cup 2018 Commercial Limited, Multiburo Trocadero, 14 avenue d’Eylau, 75016, Paris, France. RC18CL shall not be liable for any complaints received after that period.
- The same process shall apply to any complaints from RC18CL which shall be sent to the Client by email or by registered letter with acknowledgement of receipt at the latest one year after the end of the Event.
- RC18CL has no responsibility for any property or personal effects brought into the Venue by the Client or any Guest, and in particular for gifts or other premiums or items offered by the Client and/or Event sponsors to the Guests. It is the responsibility of the Client and/or of Event sponsors to confirm with RC18CL that any property (such as the gifts) that may be delivered prior to the Event has been received safely by RC18CL.
- THE ADVERTISED PACKAGES
- Whereas every reasonable effort will be made to ensure the Package is provided as advertised in the Ryder Cup 2018 Official Hospitality Programme, RC18CL reserves the right to change the content of the Package as long as it does not materially change the substance of the Package.
- These minor modifications to the Packages shall apply immediately to new Bookings of Packages as well as to Packages already bought by the Client. Regarding Packages already purchased, amendments that are required for security reasons or due to force majeure or that do not materially alter the rights and obligations of the Client shall apply immediately.
- Any member of the RCE Group may render such services as are appropriate to fulfil the obligations of RC18CL under this Agreement and shall be entitled to invoice the Client accordingly, and payment to any such member of the RCE Group shall discharge the Client’s obligation with respect to such payment.
- TICKET CONDITIONS
- The Client agrees to abide by all rules and conditions imposed by RC18CL, RCE, the Event and the Venue including, without limitation, the Ticket Terms and Conditions and the Ground Regulations, and any and all other conditions of sale applicable to Tickets for the Event as well as other rules relating to attendance at the Event disclosed to the Client before the conclusion of the Agreement. A Ticket forms part of any Package, and accordingly as a material condition of this Agreement, the Package may only be used in accordance with the Ticket Terms and Conditions and Ground Regulations.
- Notwithstanding clause 8(a) above, it is acknowledged that the absolute prohibition on the transfer of Tickets set out in article 12 of the Ticket Terms and Conditions may not apply where a Client transfers such Ticket to a Guest, as may be permitted under these Hospitality Terms and Conditions.
- The Client acknowledges that Ticket Holders must be identified for security purposes. Accordingly:
- the Client acknowledges and accepts that it must supply RC18CL with all details of each Guest attending the Event as required by RC18CL. Required details may include any or all of full name, address, date of birth, current photograph and/or contact details (mobile telephone number and/or valid email address). To this end, the Client undertakes to (i) inform its Guests whose personal data is required of the collection of their data, of the purposes of their processing and of their right of opposition and (ii) obtain its Guests’ express authorisation to communicate their data to RC18CL in order to enable RC18CL to use it according to the choices made by the Client upon Booking;
- the Client also acknowledges that each Guest will be allocated a Ticket, and such Ticket may only be allocated to that Guest. Guests may be refused entry to the Venue if they do not hold a valid photo ID document to evidence their identity as set out in the Ticket Terms and Conditions.
- The Client, its own staff or clients are, without RC18CL’s express written consent, expressly and unconditionally forbidden to resell, or allow for resale, any Tickets or Packages, badges, admission tickets, car parking passes or any other elements of the Package purchased.
- The Package may not be sold as a whole or in part as part of another hospitality package or as part of a travel package or similar offering without the prior written consent of RC18CL (which may be given or withheld in its absolute discretion).
- 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 consent of RC18CL (which may be given or withheld in its absolute discretion).
- Packages and Tickets therein shall not be resold or transferred save as set out herein or as shall be set out in the Ticket Terms and Conditions, and shall not be purchased or obtained from or through any commercial agent or company or otherwise than directly from RC18CL. If more than one Package or Ticket is issued to a Client, those Packages or Tickets may be used only as allocated in accordance with clause 8(b) above. The provision of such Packages and/or Tickets by a Client to Guests without payment shall not contravene these Hospitality Terms and Conditions. Any Packages or Tickets obtained in breach of these Hospitality Terms and 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 Hospitality Terms and Conditions in order to gain or provide entry to or remain at the Event will be liable to be refused admission to or be ejected from the Venue and may be liable to legal action.
- The Ticket, supplied as part of the Packages, grants the holder a licence to access the Venue for the sole purpose of attending the Event on the date set out thereon, provided that the Ticket Terms and Conditions and the Ground Regulations are complied with.
- All Clients and their Guests will be subject to the Ground Regulations 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, pushchairs, prams, stepladders or animals.
- No identification banners, balloons or other advertising or promotional collateral, 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 RC18CL’s prior written approval. Unless otherwise expressly authorized by RC18CL in advance, to avoid ambush marketing or otherwise infringing any commercial rights in relation to the Event, Clients are forbidden from supplying items to their Guests to wear or to carry at the Venue during the Event Week. Subject to the foregoing, items that 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 RC18CL in advance. All prior consents from RC18CL which the Client may wish to seek given the above rules should be sought through RC18CL by submitting proposals in writing to firstname.lastname@example.org with samples. Please allow not less than three (3) weeks for approval/disapproval to be confirmed by RC18CL.
- In the event of any inconsistency between these Hospitality Terms and Conditions and the Ticket Terms and Conditions, the Ticket Terms and Conditions shall prevail.
- The Client shall be fully and solely responsible for distributing Tickets to its Guests and ensuring that its Guests are aware of, and agree to comply with all of the applicable terms and conditions. The Client guarantees that ("se porte fort") its Guests will comply with these Hospitality Terms and Conditions, the Ticket Terms and Conditions and the Ground Regulations.
- PERSONAL DATA
RC18CL respects the privacy of the Client and its Guests and strictly complies with the French laws in force on the protection of privacy and civil liberties. Thus, RC18CL does not collect any information relating to the Client and its Guests without their knowledge and without their consent.
Clients’ and Guests’ personal data is collected and used by RC18CL as the controller of the data being processed. Personal data may also be transferred (subject to non-disclosure obligations) to companies which contribute to the processing of Bookings made by the Client as well as to service providers in charge of the management of the Official 2018 Ryder Cup Website.
Personal data will also be used for the processing of Bookings, monitoring the commercial relationship between the Client and its Guests and RC18CL as well as for the purposes of feedback, commercial statistics, prospecting (marketing), assignment, licence or exchange of the Client’s and its Guests’ personal data, management of requests for access, rectification and opposition. Such data will not be transferred to third parties for advertising or marketing purposes without the Client’s and its Guests' consent. Likewise, RC18CL will not sell nor license any personal data collected from a Client or Guest without his/her express prior consent.
Depending on the choices made at the time of Booking, RC18CL may be entitled to pass on Client and Guest data to Event sponsors and partner companies as indicated in the order process, and accordingly such Clients and Guests may receive offers from those Event sponsors and partner companies.
Pursuant to the provisions of French law No.78-17 of January 6, 1978 (modified), each person whose personal data is collected has a right of opposition, of access, or correction and of deletion of his/her data. He/she may exercise this right at any time by writing to RC18CL’s customer service by email (email@example.com) or by mail (Ryder Cup 2018 Commercial Limited, Multiburo Trocadero, 14 avenue d’Eylau, 75016, Paris, France). He/she will have to prove his/her identity by attaching to his/her request a copy of his/her ID and to indicate in his/her email or mail his/her first name and last name and any relevant booking or account reference.
The data identified by an asterisk on the order form is necessary for the processing of the Client’s Booking, the performance of associated services and the monitoring of commercial relationships. In the absence of such data, RC18CL will not be able to process the Client’s Booking. Other data requested is intended to improve the Client’s experience and is therefore optional and the Client is free not to provide it.
The data collected is kept in a secure location accessible only by authorised employees. Any electronic backup procedures for the data collected are also compliant with French laws relating to personal data.
Personal data collected from the Client and its Guests is kept for the necessary time and as long as they have not asked for its destruction by RC18CL. In any event, personal data is not kept for more than 3 years from the end of the Event.
The Client certifies that it has: (i) informed all the natural persons whose personal data is collected, of the collection of their data, the purposes of the processing, the recipients of such data and their right of opposition; and (ii) obtained from them their express consent to communicate their data to RC18CL and allow its use according to the choices expressed by the Client on the Booking Form.
- If RC18CL considers that any person within the Client’s party behaves in a loud, disorderly, unruly, abusive or otherwise unreasonable or antisocial manner, then the Client, immediately after being asked to do so by a representative of RC18CL, shall procure that the relevant Guest(s) shall leave the Venue. RC18CL reserves the right to exclude or eject any person from the Venue if, in its opinion, his/her behaviour is likely to cause distress, damage or annoyance to other people or property. RC18CL shall not compensate any person in any way in respect of such removal or requirement to leave the Venue.
- At a minimum, smart casual attire is required in the facilities (as per Ryder Cup 2018 Official Hospitality Programme) provided by RC18CL at any time. RC18CL 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. RC18CL shall not compensate any person in any way in respect of such refusal or requirement to leave the Venue.
- USE OF MARKS
No Client may use any marks, logos, or trademarks of RC18CL, RCE or any associated group companies, the Event or the Venue or claim any association with The 2018 Ryder Cup or the Hospitality services without RC18CL’s prior written consent.
- ENTIRE AGREEMENT
This Agreement sets out the entire agreement between RC18CL and the Client. It supersedes any prior proposal, assurance, agreement, understanding or arrangement, whether oral or written, between RC18CL and the Client in relation to the relevant Booking. All other guarantees, warranties, representations or conditions, whether expressed or implied howsoever, are excluded and hereby negated.
- WAIVER AND SEVERABILITY
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
No alterations to the Agreement may be made by the Client except with the express written consent of RC18CL. RC18CL reserves the right to amend the Hospitality Terms and Conditions, the Ticket Terms and Conditions and the Ground Regulations at any time, it being acknowledged that such amendments shall not be applicable to bookings that have already been placed with RC18CL except in the case of clarifications which do not modify the parties' rights and obligations.
RC18CL 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 RC18CL.
The headings in this Agreement are inserted only for convenience and shall not affect their construction.
These Hospitality Terms and Conditions have been drafted in French and in English. In the event of any discrepancy between the texts, the French version shall prevail with respect to francophone Clients. With respect to non-francophone Clients, the English text shall prevail.
- APPLICABLE LAW - JURISDICTION
- THE INTERPRETATION AND PERFORMANCE OF These HOSPITALITY TERMS AND Conditions (AND THE AGREEMENT), AS WELL AS ANY INSTRUMENTS WHICH WOULD RESULT FROM OR BE THE CONSEQUENCE OF THEM, ARE SUBJECT TO FRENCH LAW AND, REGARDLESS OF THE PLACE OF THE BOOKING, THE NATIONALITY OF THE CLIENT AND ITs GUESTS AND their ADDRESSES.
B. In the event of a dispute, an amicable solution shall be SOUGHT PRIOR TO ANY LEGAL ACTION. TO THIS END, IN THE FIRST INSTANCE, THE CLIENT IS asked To contact rc18cl's customer serviceS (CONTACT details FOR WHOM are set out in clause 19 below) by indicating his/her LAST NAME, first name, address, email and where appropriate the booking/PACKAGE number.
THE client MAY ALSO USE MEDIATION. THE MEDIATOR IS NEITHER A JUDGE NOR AN ARBITRATOR; HE/SHE IS A NEUTRAL AND IMPARTIAL THIRD PARTY, INDEPENDENT FROM RC18CL. TO THIS END, RC18CL PROPOSES FOR THE client TO USE, FREE OF CHARGE, THE CMAP – CENTRE DE MÉDIATION ET D’ARBITRAGE DE PARIS (CENTRE FOR MEDIATION AND ARBITRATION OF PARIS), 39 AVENUE FRANKLIN D. ROOSEVELT, 75008 PARIS, FRANCE.
THIS MEDIATION PROCEDURE MAY BE STARTED ONLY IF RC18CL’S CUSTOMER SERVICE team HAS NOT REPLIED IN A SATISFACTORY MANNER TO THE client’S WRITTEN REQUEST. IN THAT CASE, THE client MAY CONTACT THE MEDIATOR: (A) VIA THE "YOU ARE A CONSUMER" TAB ON THE CMAP WEBSITE (WWW.CMAP.FR); OR (B) BY EMAIL TO CONSOMMATION@CMAP.FR.
WHATEVER THE MEANS USED TO REFER TO CMAP, THE client’S REQUEST SHOULD CONTAIN THE FOLLOWING ELEMENTS IN ORDER TO BE PROCESSED AS QUICKLY AS POSSIBLE:
• POSTAL, EMAIL AND TELEPHONE CONTACT DETAILS OF THE client AND THE FULL NAME AND ADDRESS OF RC18CL;
• A BRIEF EXPLANATION OF THE FACTS AND PROOF OF PRIOR APPROACHES TO RC18CL.
c. ANY DISPUTE ARISING FROM THESE HOSPITALITY TERMS AND CONDITIONS (AND THE AGREEMENT) AND/OR ANY BOOKING AND/OR ANY SALE MADE BY RC18CL SHALL BE SUBMITTED TO THE RELEVANT COURTS.
- CUSTOMER SERVICE
For any information or questions on Packages, RC18CL’s Customer Service is at the disposal of the Client and his/her Guests from Monday to Friday between 1000 hours and 1600 hours (CET):
Phone: +44 (0) 1344 840681 (non-surcharged call from a fixed phone)
Postal Address: Ryder Cup 2018 Commercial Limited of Multiburo Trocadero, 14 avenue d’Eylau, 75016, Paris
© Ryder Cup Europe LLP 2017