DEFINITIONS Agreement Booking Form Client Event Guests ET Package(s) Venue means the arrangement between The European Tour and the Client for the booking and fulfilment of selected hospitality package(s) as set out in this Booking Form; means this booking form including the terms and conditions of booking and payment; means the person or company who completes the Booking Form and to whom the invoice is addressed; means the DP World Tour Championship to be held at Jumeirah Golf Estates from 22-25 November 2012 or on deferred dates in the case an extension to the Tournament dates is necessary; mean any person attending the Event as part of a Package(s) purchased by the Client; means The European Tour, the company responsible for the overall organisation of the DP World Tour Championship. means the hospitality package for the DP World Tour Championship as detailed in the package outlines; and means Jumeirah Golf Estates, Dubai. PAYMENT TERMS 1. Unless as otherwise set out in these terms and conditions, payment in full shall be made as instructed within 14 days of the date of invoice. All payments to The European Tour shall be made in the currency of the invoice without any deduction, set-off or withholding for any reason. 2. For all Booking Forms received after 15 October 2012 full payment must accompany the Booking Form. By submitting a Booking Form to the ET, the Client accepts that the Agreement sets out the legal relationship and constitutes the entire agreement between the Client and the ET in relation to the Package. 3. Bookings cannot be finally confirmed by The European Tour until both authorised Booking Form and full payment have been received from the Client. All Package(s) are subject to availability and The European Tour s right of reservation in its sole discretion. 4. Package(s) benefits will be provided by The European Tour only after both authorised Booking Form and full payment have been received from the Client. 5. All booking payments are non-refundable. If the Client cancels a booking at any time it shall remain liable to pay The European Tour 100% of the Package(s) price. 6. If any invoices for Package(s) remain unpaid after their respective final payment due date, The European Tour is entitled to treat such non-payment as amounting to cancellation under clause 5 above.
7. The advertised Package(s) price is exclusive of all applicable taxes and is subject to change without notice in the sole discretion of The European Tour. CONDITIONS 1. 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 element of the Package(s) purchased without The European Tour s express written consent. 2. The Client and their guests acknowledge and agree that use may be made, free of charge, of their voice, image and likeness by means of live or recorded video and/or audio display, broadcast or other transmission or recording or photographs or any other current and/or future media technologies. 3. The Client and their guests shall not record and / or transmit any sound, image and/or description of the course, the hospitality facilities or the golf (as well as any result or statistics). It is strictly forbidden to disseminate over the internet, radio, television any sound, picture, image, data, description of the golf in whole or in part, or to assist any other person conducting such activities without The European Tour s express written consent. 4. In the event of cancellation or postponement of the Event through no fault of The European Tour, The European Tour shall use its reasonable endeavours to refund to the Client any sums paid less all costs and expenses (or the relevant proportion thereof) that The European Tour has already paid or incurred as part of the Package(s). 5. No liability is accepted by The European Tour for any acts or omissions on the part of any of its suppliers, sub-contractors or agents, except to the extent where The European Tour has direct control over such a supplier, sub-contractor or agent, and whose own conditions of trading shall be deemed to be accepted by the Client as part of this Agreement. 6. Whereas every reasonable effort will be made to ensure the Package(s) is provided as advertised, The European Tour reserves the right to change the content or the price of the Package(s), as long as in the reasonable opinion of The European Tour it does not materially change the substance of the Package(s). Should there be an increase in Package(s) prices, The European Tour will offer the Client the option of (not withstanding Clause 4 above) a prompt and full refund of any and all payment(s) made by the Client where such Package(s) price increase is unreasonable. 7. In the event that any material change to, or cancellation of, any Package(s) becomes necessary, for any reason other than the cancellation or postponement of the Event through no fault of The European Tour (which shall be dealt with by Clause 4 above), The European Tour will offer the Client the option of an alternative Package of comparable standard and offering comparable facilities, or 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. 8. The ET shall not be liable to the Client in the event that it is delayed or prevented from the performance of its obligations under this Agreement by reason of force majeure, which for the purposes of this Agreement shall mean any circumstance beyond the reasonable control of the ET including, without limitation, any act of God, war, riot, sabotage, civil commotion, terrorism, threat of terrorism, explosion, lightning, earthquake, hurricane, storm, fire, flood
and other extreme weather or environmental conditions, loss of utilities, strike, lock out or industrial dispute and governmental or regulatory authority action. 9. The Client agrees to abide by all rules and conditions imposed by The European Tour, 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, including: a. no Client may use any trademarks of The European Tour, the Event or the Venue or claim any association with the DP World Tour Championship or the hospitality services without The European Tour s prior written consent; b. the Client agrees not to use Package(s) for any commercial purpose such as, without limitation, prizes in competitions, sweepstakes or give-aways or other promotional reasons without The European Tour s prior written consent; c. no identification banners, balloons or other advertising, printed material, corporate activities or promotional gift items whatsoever may be displayed by or carried out on behalf of the Client or any guest anywhere at the Venue or hospitality area(s) during the Event without The European Tour s prior written approval. Clients will not be permitted to supply any items for their guests to wear or carry whether inside or outside the hospitality area(s) during the Championship without The European Tour s prior written consent. Items, which are 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 The European Tour in advance. All prior consents from The European Tour which the Client may wish to seek given the above rules should be sought through The European Tour by submitting proposals in writing with samples. Please allow not less than three weeks for consent to be confirmed by The European Tour; d. all Clients and their Guests will be subject to the ground regulations as a condition of admission and on presentation of the necessary passes; e. the Client shall reimburse The European Tour in full on demand for any expenditure incurred by The European Tour in respect of any damage to the Venue caused by the Client or its Guests; f. at a minimum, smart casual attire is required in the hospitality facilities. The European Tour reserves 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. The European Tour shall not compensate any person in any way in respect of such refusal or requirement to leave the Venue; g. the Client shall be responsible for ensuring the good and orderly behaviour of all of its Guests whilst at the Venue. 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 The European Tour, shall procure that its Guest(s) shall leave the Venue. The European Tour s decision to require the removal of any such person shall be final and The European Tour shall not compensate any person in any way in respect of such removal;
h. the Client shall indemnify The European Tour from and against all claims, costs, demands, fines and expenses including legal fees which arise as a fault of actions or omissions of the Client or any of its Guests; i. The European Tour shall not be held liable for any incorrect entry of information on a Booking Form, lost, incomplete or illegible Booking Forms and/or failure to communicate with Client by e-mail due to the non-acceptance of e-mails by any Client s e-mail provider; and j. the Client and each Guest consents to The European Tour retaining all personal information provided pursuant to this Booking Form and its attendance at the Event. 10. The European Tour shall have no liability to any Client or any of its Guests (other than liability for death or personal injury arising from the negligence of The European Tour) 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 The European Tour or in any other way arising out of or in connection with the performance of, or purported performance of, or failure to perform pursuant to the Agreement, except as, expressly set out in this Agreement. In any event, The European Tour 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(s) price as invoiced to and paid by the Client. MISCELLANEOUS 1. No alterations to this Agreement may be made except with the express written consent of The European Tour. 2. The European Tour 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 The European Tour. 3. Terms and conditions, including the price of Package(s) sales, are subject to change in the sole discretion of The European Tour. 4. The Agreement and any disputes under it shall be governed and construed in accordance with the laws of the United Kingdom and shall be subject to the exclusive jurisdiction of the UK courts PARKING DISCLAIMER The European Tour, Jumeriah Golf Estates and each of their affiliates accept no liability as a result of any damage done to any vehicles parked at the DP World Tour Championship. In parking at the DP World Tour Championship, each vehicle owner agrees to (i) accept full liability for any damage caused to their vehicle for whatever reason; and (ii) obey all instructions of Tournament officials and parking wardens. Cars left longer than 24 hours will be towed at owner s expense. TERMS OF ENTRY AND TICKET CONDITIONS
Tickets are issued subject to the ground regulations and terms and conditions of the Tournament and the European Tour. Lost, stolen or damaged tickets cannot be replaced. Tickets are non-refundable including in the event of curtailment or cancellation through adverse weather. The ticket holder acknowledges the risk of being struck by a golf ball and agrees that they are assuming all risk and danger arising from their attendance at the event. To the extent permissible by law the promoter, venue, European Tour, players, sponsors and their respective employees, servants, agents, independent contractors or representatives will not be liable for any injury, loss or damage suffered by any person entering the venue including liability for any injury, loss or damage caused by the negligence of the promoter or venue, their employees, contractors or agents. The use of any cameras, mobile phones, computers and other electronic equipment at the Tournament is not permitted other than with the proper accreditation. The use of mobile phones is permitted but restricted to dedicated areas only, where event signage will refer to them as mobile phone zones. Only in these dedicated areas can calls be made or received, however phones must remain on silent at all times. No Audio or video capture is permitted at any time and no still photography is permitted during competition rounds. Making or distributing broadcasts, commentary, news reports, data, results or statistics by any means in any format or media including any such by mobile phone or other wireless device is not permitted. Ticket holders consent to being photographed, filmed and recorded at the Tournament (including by CCTV), and consent to use of any such film, image or recording at the discretion of the promoter and/or European Tour and their licensees and partners without compensation or notice. No dogs (other than guide dogs) or other animals are permitted on the course. All promotional, commercial, political, religious or offensive items of whatever nature including, but not limited to, clothing, banners, signs, symbols and leaflets are prohibited. The ticket holder must comply with all relevant statutes, signs, safety announcements, directions of stewards and ground regulations whilst attending the Tournament. Breach of any of these conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall enable the venue or event management to revoke this ticket and to eject the holder without compensation. Tickets are non-transferable. Any transfer of this ticket will render it void. The ticket remains the property of the Tournament at all times. Persons registered for tickets to the DP World Tour Championship, in so doing authorise The European Tour and/or its commercial partners to contact them with regards to tournament related marketing material.