Online Terms & Conditions of sale ("Terms")
These Terms, which relate to the sale of (i) hotel rooms (“Hotel Rooms”) and (ii) official ticket and accommodation packages for The Ryder Cup 2023 which will take place at Marco Simone Golf and Country Club, Via de Marco Simone, 84/88, 00012 Guidona, Roma, Italy, from Tuesday 26th September to Sunday 1st October 2023 (the “Event”), apply between the client (“you”) and GTS Events Limited (“GTS”) (trading as “Ryder Cup Travel Services” and a wholly owned subsidiary of Byrom Plc.) (“us”). GTS has been exclusively appointed by Ryder Cup Europe LLP (“RCE”) to package an official ticket to the Event with Hotel Rooms and ground transportation as an official ticket and accommodation package (each an “Official Package”).
Reference below to “Services” shall apply either to the separate sale of Hotel Rooms or to the sale of Official Packages, depending on which of these services you have requested and purchased.
By completing our online booking process and clicking to accept these Terms (as specified in Clause 1.1) you agree to purchase Services from us subject to these Terms. Each Confirmation (as described in Clause 1.3) shall be deemed to be a separate contract between us, to which these Terms apply.
The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the Packages purchased from us and for your repatriation in the event of our insolvency. We provide this security with a bond provided to ABTA. If you book individual elements from us (other than a Package, e.g., Hotel Rooms only), the financial protection referred to above does not apply.
We are a member of ABTA, membership number W3423. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract, outlined in Clause 4.13 below. Further information on the Code and arbitration can be found on ABTA’s website www.abta.com.
Reserving & Booking Services
1.1 Making your booking: In order for you to purchase Services online from our website, you must complete our online booking form by providing all relevant information, clicking to accept these Terms where indicated and making payment where specified in Clause 2.3. Your booking shall become confirmed when we have accepted your order and sent you a booking confirmation by email (the “Confirmation”) which will specify the Services that you have purchased (the “Confirmed Services”).
1.2 Minimum Stay Requirement: Unless we specifically advise you to the contrary, there will be a minimum purchase of three, four or five (3, 4 or 5) consecutive Hotel Room nights for each Hotel Room purchased by you, details of which will be specified in the booking process.
1.3 Accuracy of Information: We shall be entitled to assume that all information submitted during the booking process is correct and that the person completing the online booking process had the authority to do so and to bind the person named as the Customer to these Terms.
1.4 Purchasing an Official Package: If you have purchased an Official Package then, if you choose to exercise your cancellation rights in accordance with Clause 3, you may not cancel the individual elements that make up your Official Package, but may only cancel the combined elements of the Package you have purchased.
EXAMPLE: if you have purchased an Official Package consisting of two Hotel Rooms together with admission tickets and ground transportation, you may cancel one or both of the hotel rooms together with the other elements relating to that Official Package. You may not cancel the separate elements of the Official Package.
Paying for Your Services
2.1 The GTS Rate: Subject to any cancellations in accordance with these Terms you agree to pay the total amount payable as set out in the Confirmation (the “GTS Rate”). We acknowledge that the GTS Rate shall include all applicable charges and taxes at the prevailing rate.
2.2 Incidental Charges: The GTS Rate does not cover, and we shall not under any circumstances be responsible for, any incidental charges incurred by or on behalf of the person(s) using the Confirmed Services, including but not limited to room service, food and beverage (unless expressly included), telephone calls and all service charges and taxes. You or your guests may therefore be required by the hotel upon check-in (arrival) to guarantee payment of incidental charges with a major credit card or cash deposit.
2.3 Payment Schedule: You agree to pay as follows for all Confirmed Services together with any relevant Cancellation Fees (as described in Clause 3.3) and Processing Fees (as described in Clause 3.2) (the “Total”):
- (i) On completion of the online booking process you shall pay fifty percent (50%) of the Total (the “Initial Payment”); and
- (ii) on 1 April 2023 an amount which together with the Initial Payment shall amount to one hundred percent (100%) of the Total (the “Balance”).
- (iii) If you complete your purchase after 1 April 2023 you shall be required to pay the Total in its entirety on completion of the online booking process.
The price of the Confirmed Services is fully guaranteed and will not be subject to any surcharges (save as described in Clause 2.2 and 2.4).
2.4 Payment Arrangements: The Initial Payment must be made at the time you complete the online booking process, and details of how you can pay will be specified during that process. We will contact you in sufficient time before the payment of the Balance falls due to explain how you can pay the Balance. In each case, we reserve the right to charge a handling fee in respect of any payments you make by credit or debit card. Full details are available on request and will be specified in our invoice.
2.5 Late Payment: If full payment of any amount due to us has not been received by the due date and we have still not received payment from you fifteen (15) days after serving notice on you requesting such payment, we shall be entitled to (a) charge you interest on all amounts outstanding at four percent (4%) above the prevailing base rate of Barclays Bank plc as it may vary from time to time from the date payment became due until actual payment is made, (b) refuse to supply any Services (c) claim for all reasonable losses and costs suffered by us as a result of non-payment and/or late payment, and (d) terminate the agreement for the provision of Confirmed Services pursuant to the Confirmation (the “Agreement) pursuant to Clause 4.5 below.
2.6 Vouchers: We shall provide you with vouchers that specify the details of the Hotel Rooms that you have purchased as set out in the Confirmation and provide evidence of your reservation with the hotel (“Check-In Vouchers”). You must present your Check-In Vouchers to the hotel when checking in. Check-In Vouchers are valuable bearer certificates and should be treated as irreplaceable. We will take reasonable steps to try and replace all Check-In Vouchers that are lost or stolen but we cannot guarantee that we will do so. In circumstances where we are in a position to replace a Check-In Voucher for you, you will be liable for our reasonable costs incurred in replacing and sending the Check-In Voucher to you.
2.7 Using the Check-In Vouchers: Only you and those end-users authorised by you have the right to use the Check-In Vouchers. You may not re-sell, assign, transfer or deal with in any way the Check-In Vouchers without our prior written consent.
2.8 Tickets: Tickets will be issued subject to Ryder Cup Italy Limited’s (“RCIL”) Ticket Term of Use and Ground Rules. Such terms and conditions must be accepted by you during the booking process and copies of such terms and conditions can be found at https://www.rydercup.com/2023-terms-and-conditions or can be obtained from RCIL at, Wentworth Drive, Virginia Water, Surrey, GU25 4LX.
Admission
2.8.1. Tickets sold by or obtained from any source other than RCIL will NOT be valid.
2.8.2. each ticket holder must provide RCIL with: a passport photograph that shows a true and accurate likeness of the Ticket Holder, his/her date of birth, full name, postal and email address, phone number, nationality, city of birth, ID/Passport details and such other data as may be required to ensure compliance with Italian laws and ticketing regulations. Each ticket holder must also carry and, if so requested, present a valid photo ID (such as passport or driving licence) to validate the aforementioned information in order to gain admission.
Transfer/Use
2.8.3 Tickets must not be: transferred; and/or donated or offered publicly (including on any website) for sale; and/or offered, transferred or used in the course of any business or otherwise for commercial purposes; and/or offered, transferred or used in relation to any promotional purpose, as a prize or otherwise bundled other than as part of an Official Package with any other goods or services (including as part of any hospitality or travel package (for example, by combining any Ticket with flights, hospitality or accommodation)) without the prior written authorisation of RCIL.
Any ticket offered for sale, sold, transferred or otherwise used in breach of this Clause 2.8.3 may be cancelled and deemed invalid.
Cancelling Your Services
3.1. Cancelling Confirmed Services: Depending on when you cancel the Confirmed Services you will become liable to pay fees as set out at Clause 3.2 and Clause 3.3 below. These fees are calculated to cover our cost of handling your cancellation and are a genuine pre-estimate of our loss and the costs we will incur.
3.2 The Processing Fee: If you cancel any Confirmed Services before 15 September 2022 you will be liable to pay a processing fee of £150 (the “Processing Fee”), regardless of the quantity of Confirmed Services that you cancel.
3.3 The Cancellation Fee: Depending on when we receive notification of your cancellation you will be liable to pay a cancellation fee (the “Cancellation Fee”) as follows:
- • Between 15 September 2022 and 15 March 2023, you will be liable to a charge of twenty five percent (25%) of the value of the Confirmed Services that you cancel.
- • Between 16 March 2023 and 29 June 2023, you will be liable to a charge of fifty percent (50%) of the value of the Confirmed Services that you cancel.
- • After the 30 June 2023 the sale of all Confirmed Services shall be FINAL and you will be liable to pay 100% of the value of all Confirmed Services cancelled after that date.
In the event that you cancel any Confirmed Services and incur a Cancellation Fee or a Processing Fee, we will apply all your previously made payments (under any or all Confirmations between us) firstly towards these sums and then towards payment for your remaining Confirmed Services. Any sums remaining will be refunded directly to you.
3.4 Reduction of Rooms: Provided you do not commit a serious breach of contract and provided you provide prompt payment we shall not have any right to reduce the number of Confirmed Services.
3.5 If we Change or Cancel the Services: It is unlikely that we will have to make any changes to your Confirmed Services, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. When a major change occurs, we will inform you as soon as possible if there is time before your departure. You will have the choice of either accepting the change to your Confirmed Services, accepting an offer of alternative arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your Confirmed Services and receiving a full refund of all the monies paid. Where we make a major change or cancellation in respect of Confirmed Services we will, unless the cancellation is due to an event of Force Majeure (please see Clause 4.15 below) or an act of default on your part, pay compensation as detailed below although the compensation that we offer does not exclude you from claiming more if you are entitled to do so:
| Period before departure within which major change or cancellation is notified to you | Amount of Compensation (per Confirmation) |
|---|---|
| More than 84 days | Nil |
| 43 – 84 days | £10 |
| 29 – 42 days | £20 |
| 8 – 28 days | £30 |
| 0 – 7 days | £40 |
Miscellaneous
4.1 Our Liability to You: In order to supply you with the Confirmed Services, we have contracted with third party suppliers that we have taken reasonable care and skill to ensure are reputable. Our role after that point is to secure your booking with the relevant hotel and arrange for you to be provided with the Other Services and although we will try to resolve matters where the hotel or other service providers have not complied with any of their obligations, we emphasise that we do not have control over the actual services provided to you by the hotel or other service providers.
Subject to Clause 4.3, we do, however, accept liability where our staff or we have not properly performed our contracted obligations except where such failure/improper performance arose:
- a) Wholly due to the acts and/or omissions of the person(s) affected;
- b) Due to acts and/or omissions of a person unconnected with the provision of the Confirmed Services and in circumstances beyond our control; and
- c) Due to any event which was beyond our control and which we or the supplier of the service could not have forestalled or foreseen even with all due care.
Our liability, except in cases involving death, injury or illness, in connection with each Confirmation shall be limited to a maximum of three (3) times the total value of the Confirmation. Nothing in this clause limits our liability for death or personal injury caused by way of our or our staff’s negligent act or omission, or for fraud or fraudulent misrepresentation.
4.2 Your Liability to Us: Although we arrange your reservation with the hotel(s) and the provision of the Other Services, we cannot be held responsible for the acts and omissions of you and any of the Check-In Voucher holders who use the Confirmed Services reserved by you. In the event of any claim, cost or expense arising against us in respect of any such act or omission, you confirm that you will bear the responsibility for this, either by settling and paying for such claims, costs or expenses or, if you dispute any such claim, cost or expense, that you will be responsible for the costs arising in defending such a claim including our own reasonable costs (if any).
4.3 Damages: If we are in breach of our obligations under the Agreement, we will not be responsible to you in contract, tort (including without limitation negligence) or otherwise for losses that were not foreseeable by both parties when the Agreement was formed, for losses that were not caused by any breach on our part and for any business losses or loss of profits you have suffered arising out of the performance, purported performance or breach of these Terms.
4.4 Amendments: Neither you nor we may alter these Terms without the other’s agreement.
4.5 Term and Termination: You may terminate the Confirmation by notice in writing in the event that we commit any serious breach of these Terms and fail to remedy it within fifteen (15) days of receipt of notice of such breach requiring remedy of the same. We shall be entitled to terminate a Confirmation and any other transaction between you and us to which these Terms apply, by notice in writing to you if: (a) you commit an irremediable breach, or a remediable breach and fail to remedy it within fifteen (15) days of receipt of notice of said breach requiring remedy of same; (b) you make any voluntary arrangement with your creditors or become subject to an administrative order or (being an individual or firm) become bankrupt or (being a company) go into liquidation (otherwise than for the purpose of solvent amalgamation or reconstruction) or cease or threaten to cease to carry on business or an encumbrancer takes possession or a receiver is appointed to any of your property or assets or if we reasonably apprehend that any such event is about to occur and notify you accordingly.
4.6 Waiver: None of these Terms may be waived except with the express consent of the party or parties who is going to be bound by the waiver. Neither your rights nor our rights under these Terms will be deemed to have been waived by any act or conduct on either your or our part, or by any neglect to exercise or enforce such right or power or by any delay in doing so. The rights and powers that are given to either of us under these Terms shall continue to apply unless and until the person who is going to be bound by a waiver has specifically waived or released such powers. No waiver shall operate as a waiver of any other default or of the same default on a future occasion.
4.7 Assignment: Each Confirmation is personal to you and you may not assign, transfer, subcontract or otherwise part with any benefits or obligations under it without our prior written consent, provided however that you may assign or transfer the right to use any number of Confirmed Services without our prior written consent. Please note that, subject to Clause 2.8, if you do allow someone else to use the Confirmed Services in accordance with this Clause then you agree, and you agree to inform any such third party, that the Terms will apply to that person also.
4.8 Independent Contractors: For the avoidance of any doubt, you and we shall each be and remain independent contractors with respect to each other and with respect to all rights obtained and services performed. Nothing herein shall be construed to:
- • Constitute you and us as partners, joint venturers or co owners;
- • Constitute you or us as the agent, employee or representative of the other;
- • Empower you or us to act for, bind or otherwise create or assume any obligations on behalf of the other.
4.9 Notices: All notices, demands, requests or other communications shall be in writing and shall be mailed first class or transmitted by hand delivery or e-mail addressed as follows:
- • If intended for us addressed to GTS Events Ltd at SEAMOS House, Brooks Drive, Cheadle Royal Business Park, Cheshire, SK8 3SA, England or e-mail enquiries@rcts.co.uk or to such other address as may be designated by us in writing to you;
- • If intended for you, at the address provided by you and given on your invoice or to such other address as may be designated by you in writing to us.
Such notices, demands or other communications shall be deemed given upon receipt. In the case of transmission by e-mail, confirmation of the transmission must be made by mailing the original notice demand or communication not later than the business day following the transmission.
4.10 Severability: If any provision or portion of any provision is held to be unenforceable or invalid by a court of competent jurisdiction, the validity and enforceability of the enforceable portion of any such provisions shall not be affected by this.
4.11 Binding Agreement: Both you and we intend to rely upon the written terms set out here in the Terms and in the Confirmation. BOTH PARTIES ACKNOWLEDGE THAT THESE TERMS AND THE CONFIRMATION ARE LEGALLY BINDING. BEFORE AGREEING TO THE PROPOSAL YOU SHOULD READ IT CAREFULLY AND ENSURE THAT IT CONTAINS EVERYTHING YOU WANT AND NOTHING YOU ARE NOT PREPARED TO AGREE TO.
4.12 Headings: Section and subsection headings are for ease of reference only and shall not constitute a part of these Terms nor be given any substantive effect.
4.13 Resolution of Complaints: If you encounter a problem in relation to the services being supplied you should immediately inform the Hotel and/or providers of Other Services and also our own representative who will do what they can to resolve matters to your satisfaction. If the difficulty is not resolved at the time to your satisfaction you must contact us in writing no later than 28 days after your return at the address provided to you at Clause 4.9 above. If you fail to advise us and/or the supplier promptly about such difficulties this may affect our ability to properly look into and resolve this matter for you. In the unlikely event that we are not able to settle amicably any problems arising out of these Terms and your Confirmation, then both parties may, if they wish, agree to mediate the matter. Mediation shall consist of a process by which the parties shall attempt to resolve a controversy or claim by submitting it to an impartial, neutral mediator, who is authorised to facilitate a resolution of the controversy or claim, but who is not empowered to impose a settlement upon the parties. Mediation shall take place in England.
If a settlement does not arise from Mediation, then any controversy or claim arising out of or relating to these Terms and your Confirmation or breach thereof, may (if you wish) be referred to Arbitration. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme does not apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
4.14 Governing Law: Your Confirmation and these Terms shall be governed by, and construed in accordance with, the laws of England (without giving effect to principles of conflict of law thereof). In any proceeding brought under or arising out of the Agreement the parties consent to the jurisdiction of the courts within England and further consent to service of process by any means authorised by applicable English laws. However, if you are based in the United Kingdom you may choose the law and jurisdiction of Scotland or Northern Ireland if you wish to do so.
4.15 Force Majeure: for the purposes of these Terms, “Force Majeure” shall mean Acts of God, war, government action or decree, disaster, strikes (other than strikes by our staff), riot or civil disorder, acts of terrorism or threat of any of the foregoing, curtailment of transportation facilities (to the extent such curtailment was beyond our reasonable control), inclement weather, the postponement or cancellation of the Event or its being relocated to another venue or other emergencies beyond the affected party’s control making it illegal or impossible to provide or take up the Confirmed Services for the purpose of attending the Event. In the event that performance of the Agreement is not possible by reason of Force Majeure, neither party shall be deemed to be in breach of the terms of the Agreement and neither party shall then be obligated in any manner to the other with respect to such performance. Compensation will not be payable by either party. To the extent we recover monies from our Confirmed Services providers (including the hotels) or insurance we will refund such monies to you and we will use our reasonable efforts to obtain such recovery.
4.16 Insurance: you are responsible for arranging and obtaining appropriate travel insurance, and we strongly recommend that you do so.
4.17 Passport, Visa and Immigration Requirements: Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
4.18 Data Protection: We comply with our obligations under the Data Protection Act 1998 (the “Act”). We will only use personal data (as defined within the Act) in accordance with our privacy policy, which also form part of these Terms; we therefore strongly recommend that you read our privacy policy on our website at www.rcts.co.uk. Please note that the information provided by you to us when making your reservation will be passed to RCE and you hereby agree to the transfer of such information and the storage of such information by RCE. This information may include your name, address, contact details, date of birth and photograph and is required by RCE to ensure compliance with the ticket terms and conditions and for safety reasons.