TERMS AND CONDITIONS OF SALE

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These Terms and Conditions apply between the client (“you”) and The Wales Golf Holiday Company (WGHC) (“us”) and relate to the sale of hotel rooms (“Hotel Rooms”) and other ground services (“Other Services”) by us to you in connection with The 2010 Ryder Cup Matches (“The Event”) which will take place at The Celtic Manor Resort, Coldra Woods, The Usk Valley, Newport, South Wales NP18 1HQUK on 1st, 2nd and 3rd October 2010. Other Services include, but are not limited to, admission tickets to the 2010 Ryder Cup (“Tickets”), ground transfers daily between the hotel and The Celtic Manor (“Transfers”), Park and Ride transport pass, and golf tee time reservations (“Golf”).

In signing the Proposal you confirm that you agree to purchase these services (“the Services”) from us pursuant to these Terms and Conditions.

The Wales Golf Holiday Company is a member of IAGTO and carries full professional indemnity and liability insurance.

RESERVING AND BOOKING SERVICES
1.1 Making your initial reservation: Once we have received from you a completed Booking Request
Form we shall, subject to availability, reserve the Services exclusively for you and specify such reservation(s) in the corresponding proposal (“the Proposal”) which we shall then send to you.
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.
1.3 Confirming your reservation: On or before the Option Date referred to in the Proposal (“the
Option Date”), you must confirm to us the number and type of Services you wish to retain (the
“Confirmed Services”) by signing and returning the Proposal to us. Signing and returning the
Proposal shall constitute your understanding and acceptance of these Terms and Conditions. All
Services which are not so confirmed on or before the Option Date will be automatically cancelled.
The appropriate invoice shall be raised against the Confirmed Services and we will send this to
you together with the Proposal as signed by you and where relevant amended in accordance with
your instructions (“the Confirmation”) requesting payment in accordance with the payment
schedule which you will see below at Section 2.3.
1.4 Purchasing a package: If you purchase two or more types of Services (i.e. Hotel Rooms, Tickets,
Transfers etc) this shall constitute a package (“Package”). If you choose to exercise your
cancellation rights in accordance with Clause 3, you may not cancel the individual elements that
make up your Package, but may only cancel the combined elements of the Package you have
purchased. EXAMPLE: if you have purchased a 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 Services relating to that Hotel Room. You may not cancel the separate elements
of the Package.
PAYING FOR YOUR SERVICES
2.1 The WGHC Rate: Subject to any cancellations in accordance with these Terms and Conditions
you agree to pay the total amount payable as set out in the Confirmation (“The WGHC Rate”). We
acknowledge that this amount shall include all applicable charges and taxes at the prevailing rate.
2.2 Incidental Charges: The WGHC 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 Rooms, including but not limited to room service, food and beverage (unless expressly included), telephone calls and all service charges and taxes. You or your guest 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
appropriate Cancellation Fees and Processing Fees (“the Total”):
(i) When the Option Date on the Proposal falls on or before 15th October 2009 you shall pay:
(a) Within or on the Option Date twenty percent (20%) of the Total (“the
Initial Payment”)
(b) On 16th October 2009 an amount which together with the Initial Payment shall
amount to fifty percent (50%) of the Total (“the Second Payment”)
(c) On 19th March 2010 the balance (if any) of the Total (“the Balance”).
(ii) When the Option Date falls after 15 October 2009 but before 19th March 2010, you shall pay:
(a) The Initial Payment plus the Second Payment within fifteen (15) days of the Option Date
(b) The Balance on 19th March 2010.
(iii) When the Option Date falls on or after 19th March 2010, you shall pay the Total in full within
fifteen (15) days of the Option Date.
iv) The price of the Confirmed Services is fully guaranteed and will not be subject to any
surcharges.
v) The purchase of Tickets exclusive of any other Services shall be FINAL upon receipt by
WGHC of a signed Proposal from you and payment in full of the anticipated charges shall be
due within seven (7) days of the Option Date.
2.4. Payment Arrangements: Your payments can be made to The Wales Golf Holiday Company by cheque or debit cards or by credit card with a 1% surcharge.
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 as it may vary from time to time
from the date payment became due until actual payment is made, (b) refuse to supply any or all of the Confirmed Services booked pursuant to the Proposal or booked pursuant to any other signed Proposal between you and us (c) claim for all reasonable losses and costs suffered by us as a result of non payment and/or late payment (d) terminate this agreement pursuant to Section 4.5 below.
2.6. Vouchers: We shall provide you with vouchers that specify the details of the Confirmed
Rooms and provide evidence of your reservation with the Hotel and which you must present to the
Hotel upon check-in (“Check-In Vouchers”). 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, however, we cannot guarantee replacement if we only receive notice from you of the loss of the Check-In Voucher within the 14 day period before the date of the
Confirmed Room.  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 the Check-In Vouchers without our prior
written consent.
2.8 Tickets: Tickets will be issued subject to the rules and regulations from time to time of the
venue and the organisers of The Ryder Cup Matches and you should obtain details of these directly at www.rydercup.com or from Ryder Cup LLP, Wentworth Drive, Virginia Water, Surrey, GU25 4LX.
England.
2.9 Authorised Resale: Those offering Packages for authorized onward sale to third parties
warrant that the hotel rooms together with each room night contained in such Package have been
exclusively sourced from us and will not consist of any room nights that have been independently
acquired.
CANCELLING YOUR SERVICES
3.1 Cancelling Services on or before the Option Date: On or before the Option Date, you may
cancel any or all of the Services without charge.
3.2 The Processing Fee: With the exception of ticket only sales which are FINAL, you shall pay
a standard processing fee of five percent (5%) of the value of all Confirmed Services that you cancel
after the Option Date (the "Processing Fee") but before 15th January 2010
3.3 The Cancellation Fee: depending on when we receive notification of your cancellation you may be liable to pay a cancellation fee as follows:
(a) Between 15th January 2010 and 15th March 2010, you shall pay a Cancellation Fee of fifteen percent (15%) of the value of the Confirmed Services that you cancel;
(b) Between 16th March 2010 and 15th June 2010, you shall pay a Cancellation Fee of twenty percent (20%) of the value of the Confirmed Services that you cancel;
(c) Between 16th June 2010 and 31st July, you shall pay a Cancellation Fee of fifty percent (50%) of the value of the Confirmed Services that you cancel; and
(d) After 31st July 2010, the sale of all Confirmed Services shall be FINAL and you shall pay one hundred percent (100%) of the value of any Confirmed Services which are cancelled, such amount being inclusive of the relevant Processing Fee.
(e) In the event that you cancel any Confirmed Services and incur a Cancellation Fee and/or a Processing Fee, we will apply all your previously made payments firstly towards these sums and then towards payment for your remaining Confirmed Services.
MISCELLANEOUS
4.1. Our liability to you: In order to supply you with the Services we have contracted with third party
suppliers which we will take reasonable care and skill to ensure are reputable. Our role after that point is to secure your booking at the hotel and provide you with the other Services and although we will try to resolve matters where the hotel or other service providers has not complied with any of its obligations, we emphasise that we do not have control over the actual services provided to you by the hotel or other service providers. We do, however, accept liability where we or our staff have not properly performed our contracted obligations providing except where such failure/improper performance arose:
a) 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 your contracted services
c) due to any event which we or the supplier of the service could not have forestalled or foreseen even with all due care. 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.
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 this agreement, we will not be
responsible to you in contract, tort (including without limitation negligence) or otherwise for losses that were not foreseeable to both parties when the agreement was formed, for losses that were not caused by any breach on our part and for loss of goodwill, business, profits, anticipated savings or wasted expenditure or any indirect or consequential loss or damage whatsoever arising out of the performance, purported performance or breach of these Terms and Conditions.
4.4 Amendments: Neither we nor you may alter these Terms and Conditions without the other's
written agreement.
4.5. Term and Termination: These Terms and Conditions shall apply to all transactions between
us. You may terminate this agreement by notice in writing in the event that we commit any serious
breach of its 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 this agreement and any other
transaction between you and us to which these Terms and Conditions apply by notice in writing to you:  
(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 and Conditions 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 and Conditions 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 and Conditions 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: The Terms and Conditions that apply on each Proposal are personal to you and
you may not assign, transfer, subcontract or otherwise part with any benefits or obligations without our prior written consent.
4.8. Independent Contractors: For the avoidance of any doubt, you and ourselves 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:
a) constitute you and ourselves as partners, joint venturers or co-owners;
b) constitute you or us as the agent, employee or representative of the other;
c) 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 fax addressed as follows:
a) If intended for us addressed to The Wales Golf Holiday Company at 105 Bridgend Road, Aberkenfig, Bridgend CF32 9AP. Fax number +44 1656 728483 or to such other
address as may be designated by us in writing to you.
b) 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 fax, confirmation of the 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 Conditions and in the Confirmation. If either party requires any changes which are agreed
by the other, both parties should make sure to ask that these be put in writing.

BOTH PARTIES ACKNOWLEDGE THAT THIS IS A LEGALLY BINDING DOCUMENT. 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 and Conditions 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 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 ensure that you contact us in writing no later than 28 days after your return at the address provided to you at section 4.9 above. In the unlikely event that we are not able to settle amicably any problems arising out of these Terms and Conditions and your Confirmation, then both parties agree to refer the matter to a mediator for resolution. The parties shall attempt to agree upon the appointment of a mediator, upon receipt, by either of them, of a written notice to concur in such appointment. Should the parties fail to agree within fourteen days, either party, upon giving written notice, may apply to the President or the Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of a mediator. Should the mediation fail, in whole or in part, either party may, upon giving written notice, and within twenty eight days thereof, apply to the President or the Deputy President for the time being of the Chartered Institute of Arbitrators for the appointment of a single arbitrator, for final resolution. The arbitrator shall have no connection with the mediator or the mediation proceedings, unless both parties have consented in writing. The arbitration shall be governed by both the Arbitration Act 1996 and the Controlled Cost Rules of the Chartered Institute of Arbitrators (2000 Edition), or any amendments
thereof, which Rules are deemed to be incorporated by reference into this section. The seat of the
arbitration shall be Manchester, England.
4.14 Governing Law: Your Confirmation and these Terms and Conditions 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 this 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.
4.15 Force Majeure: The performance of this Agreement by either party is subject to acts of God,  war, government action or decree, disaster, strikes (other than strikes by our staff), riot or civil disorder, acts of terrorism, 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 Services for the purpose of attending the Event. In the event that performance of this Agreement is not possible by reason of Force Majeure, neither party shall be deemed to be in breach of the terms of this 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 Services providers (including the hotels) or insurance we will refund such monies to you.
4.16 Insurance: You are responsible for (and we strongly recommend you do so) arranging and
obtaining appropriate travel insurance.