1. DEFINITIONS

1.1 In the Agreement the following words and phrases will have the following meanings:

Accommodation Voucher: a €150 (inclusive of statutory 14% VAT and 1% tourism levy) accommodation voucher only redeemable by the Delegate at any of the Official Accommodation Sites subject to clause 3.4,

Agreement: the Congress Terms and the Registration Form;

Applicant: the party named as such on the Registration Form;

Applicant Credit Card: the credit card specified by the Applicant on the Registration Form;

Approved WCA Registrant: [someone whose application has been successfully processed – Please clarify what the application relates to, and confirm who will deem that the “application” has been successfully processed (thus giving the relevant person an “approved” status, and enabling him/ her to benefit from the spouse package];

Cancellation Notice: has the meaning prescribed to it in clause 3.14;

Concessionary Eligibility Documents: a utility bill confirming that the Delegate’s place of domicile is in a Developing Country and pay slips confirming that the last three monthly net salary payments received by the Delegate immediately before the date of the Registration Form is less than €800 per month;

Concessionary Package: entrance to the Congress on each of the Congress Dates, entrance to the Congress exhibition, entrance to the Congress opening ceremony and the opening reception, delegate material, free meet and greet service, hotel shuttle bus service and coffee break refreshments (full details of each part of this package are available upon [written] request from [Options Eurocongress]);

Concessionary Rate: (€295)
Any doctor can apply for this rate at any time; the benefits of this rate are: entrance to the congress and exhibition, opening ceremony and reception, closing ceremony delegate material, free meet and greet service, hotel shuttle bus service, and coffee breaks.

In order to be eligible for this rate, the doctor needs to be a resident in a developing country and have a monthly net salary equivalent to less than €800. To prove eligibility, the doctor must submit a recent utility bill to serve as proof of domiciliation and pay slips from the three months pre-dating their registration.

These documents need to be submitted at the same time as their application form which is to be submitted manually (email/fax/mail) as this rate is not available on our online registration form.

Congress Package: entrance to the Congress on each of the Congress Dates, entrance to the Congress exhibition, entrance to the Congress opening ceremony and the opening reception, delegate material, free meet and greet service, hotel shuttle bus service and coffee break refreshments (full details of each part of this package are available upon [written] request from [Options Eurocongress]);

Congress Rate: €875 (inclusive of any applicable sales tax);

Congress Terms: these congress terms and conditions;

Congress Venue: CITCC (Cape Town International Convention Centre);

Congress Websites: the websites operated by or on behalf of SASA from the domains www.WCA2008.com and www.myWCA2008.com ;

Day Package: entrance to the Congress, entrance to the Congress exhibition and coffee break refreshments on one of the Congress Dates, and delegate material (full details of each part of this package are available upon [written] request from [Options Eurocongress]);

Day Rate: €195 (inclusive of any applicable sales tax);

Delegate: the Applicant save for in the case of the Spouse Package in which case such person is the Nominated Spouse;

Developing Country: [please list countries] and any other country as such determined by SASA and [listed on the Congress Websites];

Eligibility Documents: the Registrar/ Nurse/ Trainee Eligibility Documents, the Concessionary Eligibility Documents or the Joint SASA/ WCA Eligibility Confirmation (as applicable);

Full Day Tours: the full day tours listed as such on the Congress Websites (including any additional full day tours listed by SASA after the date of the Agreement on the Congress Websites from time to time);

Half Day Tours: the half day tours listed as such on the Congress Websites (including any additional half day tours listed by SASA after the date of the Agreement on the Congress Websites from time to time);

Joint SASA/ WCA Eligibility Confirmation: written confirmation of the Delegate’s current SASA membership number;

Joint SASA/ WCA Package: entrance to the Congress on each of the Congress Dates, entrance to the Congress exhibition, entrance to the Congress opening ceremony and the opening reception, delegate material, free meet and greet service, hotel shuttle bus service and coffee break refreshments and entrance to the SASA Refresher Course (full details of each part of this package are available upon [written] request from [Options Eurocongress]);

Joint SASA/ WCA Rate: €600 (inclusive of any applicable sales tax); Nominated Spouse: the party named as such on the Registration Form;

Workshops: Scientific workshops organised in conjunction with the Scientific Programme.

Official Accommodation Sites: the sites listed as such on the Congress Websites (including any additional sites listed by SASA after the date of the Agreement on the Congress Websites from time to time);

Options Eurocongress: (Professional Congress Organiser) Options Eurocongress UK Limited (company number 05783257) whose registered office is at Charter Court, Midland Road, Hemel Hempstead, Hertfordshire, HP2 5GE;

Pre Congress Package: entrance to the Congress on each of the Congress Dates, entrance to the Congress exhibition, entrance to the Congress opening ceremony and the opening reception, delegate material, free meet and greet service, hotel shuttle bus service and coffee break refreshments and the Accommodation Voucher (full details of each part of this package are available upon [written] request from [Options Eurocongress]);

Pre Congress Rate: €750 (inclusive of any applicable sales tax);

Registrar/ Nurse/ Trainee Eligibility Documents: an official letter on letter headed paper issued by the head of the department in which the Delegate is working as a registrar, nurse or trainee which confirms the Delegate’s student status;

Registrar/ Nurse/ Trainee Package: entrance to the Congress on each of the Congress Dates, entrance to the Congress exhibition, entrance to the Congress opening ceremony and the opening reception, delegate material, free meet and greet service, hotel shuttle bus service and coffee break refreshments (full details of each part of this package are available upon [written] request from [Options Eurocongress]);

Registrar/ Nurse/ Trainee Rate: €295 (inclusive of any applicable sales tax); Registration Fee: the Congress Rate, the Pre Congress Rate, the Registrar/ Nurse/ Trainee Rate, the Concessionary Rate, the Joint SASA/ WCA Rate, the Day Rate or the Spouse Rate (as applicable);

Registration Form: the SASA registration form entitled as such which is available on the Congress Websites and as a hard copy;

SASA: The South African Society of Anaesthesiologists, a South African “Association” constituted according to the South African law under Section 21 of the Companies Act 61 of 1973 with registration number as 1927/000136/08;

SASA Cancellation Team: SASA Cancellation Team, Options Eurocongress UK Limited, 65 Knowl Piece, Wilbury Way, Hitchin Hertfordshire, SG4 0TY, United Kingdom;

SASA Refresher Course: the 2008 SASA Annual Meeting held at CTICC on 1 – 2 March 2008 (inclusive);

SASA Website: the websites operated by or on behalf of SASA from the domain - www.acaciasasa.co.za ;

Spouse Package: entrance to the Congress exhibition, entrance to the Congress opening ceremony and the opening reception, coffee break refreshments, two Full Day Tours and two Half Day Tours (full details of each part of this package are available on [written] request from [Options Eurocongress]); and Spouse Rate: €175 (inclusive of any applicable sales tax).

1.2 In the Agreement:

1.2.1 the singular includes the plural and vice versa;

1.2.2 references to gender include references to all genders;

1.2.3 unless otherwise stated, references to clauses are to clauses of the Agreement;

1.2.4 the clause headings are for reference only and will not affect the construction or interpretation of the Agreement; and

1.2.5 references to statutes, any statutory instrument, regulation or order will be construed as a reference to such statute, statutory instrument, regulation or order as amended or re-enacted from time to time.

1.3 In the event of conflict, the Congress Terms will prevail over the Registration Form.

2. APPLICATION OF TERMS

2.1 The Registration Form submitted by the Applicant will be deemed to be an offer by the Applicant for the Delegate to attend the Congress subject to the terms and conditions of these Congress Terms. The Applicant’s offer will be accepted upon SASA sending written notification to the Applicant confirming that the Applicant’s Registration Form has been accepted.

2.2 No terms or conditions endorsed on, delivered with or contained in the Applicant’s purchase order, confirmation of order or other document will form part of the Agreement simply as a result of the document being referred to in the Agreement.

3. CONGRESS

3.1 SASA will hold the Congress at the Congress Venue on the Congress Dates.

3.2 The parties acknowledge that a number of packages are available to prospective delegates for attendance at the Congress.

3.3 The Delegate may benefit from the Pre Congress Package if the following conditions are satisfied: (i) the Delegate is a doctor; and (ii) the Applicant’s Registration Form is accepted by SASA on or before 1 November 2007.

3.4 The parties acknowledge that the Pre Congress Package includes an Accommodation Voucher which may be redeemed by the Delegate against any booking made during the Congress Dates at any of the Official Accommodation Sites subject to availability. If the cost of such accommodation is less than the value of the Accommodation Voucher, the Delegate will not be entitled to a rebate of the residual amount.

3.5 The Delegate may benefit from the Congress Package if the following conditions are satisfied: (i) the Delegate is a doctor; and (ii) the Applicant’s Registration Form is accepted by SASA after 1 November 2007.

3.6 The Delegate may benefit from the Registrar/ Nurse/ Trainee Package if the following conditions are satisfied: (i) the Delegate is a registrar, a nurse or a trainee; and (ii) the Registrar/ Nurse/ Trainee Eligibility Documents are submitted with, or within a reasonable time of submission of, the Applicant’s Registration Form.

3.7 The Delegate may benefit from the Concessionary Package if the following conditions are satisfied: (i) the Delegate is a doctor; (ii) the Concessionary Eligibility Documents are submitted with the Applicant’s Registration Form; and (iii) the Applicant’s Registration Form is not submitted online via the Congress Websites.

3.8 The Delegate may benefit from the Joint SASA/ WCA Package if the following conditions are satisfied: (i) the Delegate is a member of SASA; (ii) the Joint SASA/ WCA Eligibility Confirmation is submitted with the Applicant’s Registration Form; and (iii) the Applicant’s Registration Form is submitted via the SASA Website.

3.9 The Delegate may benefit from the Day Package if the following conditions are satisfied: (i) the Delegate is a doctor; (ii) the Applicant’s Registration Form is accepted by SASA after 1 March 2008; and (iii) the Applicant’s Registration Form is not submitted online via the Congress Websites.

3.10 The parties acknowledge that the Day Package is applicable in respect of one of the Congress Dates only, and that such Congress Date will be specified by the Applicant on the Registration Form.

3.11 The Delegate may benefit from the Spouse Package if the following conditions are satisfied: (i) the applicant is an Approved WCA Registrant; and (ii) the Nominated Spouse is 18 years of age or older.

3.12 The parties acknowledge that the Spouse Package includes two Full Day Tours and two Half Day Tours subject to availability. The Applicant may reserve a place on a Full Day Tour and/ or Half Day Tour.

3.13 Upon payment of the Registration Fee and, if applicable, upon receipt of satisfactory Eligibility Documents (as determined by SASA in its sole opinion), SASA will send the Applicant written notice confirming that the Applicant’s Registration Form has been accepted (in accordance with clause 2.1), and SASA will then reserve a place for the Delegate to attend the Congress on the terms of the relevant congress package specified on the Applicant’s Registration Form.

3.14 The Applicant may cancel its registration by sending written notice of such cancellation (“Cancellation Notice”) to the SASA Cancellation Team.

3.15 In the event that SASA receives the Applicant’s Cancellation Notice:
(i) before 1 November 2007, SASA will refund the Applicant with the Registration Fee less a €50 administrative fee;
(iii) between 1 November 2007 and 1 January 2008, SASA will refund the Applicant 50% of the Registration Fee less a €50 administrative fee; and
(iii) after 1 January 2008, no refund will be payable to the Applicant.

3.16 The parties acknowledge that each delegate contract relating to the Congress is deemed to be separate and independent to other delegate contracts (including the Agreement) and that any variation and/ or waiver to a third party delegate contract will not affect the parties’ rights and obligations under the Agreement unless such variation and/ or waiver is made in accordance with the terms of the Agreement.

4. PRICE AND PAYMENT

4.1 In consideration of SASA providing the Delegate with the opportunity to attend the Congress, the Applicant will pay SASA the Registration Fee.

4.2 The Applicant will submit payment of the Registration Fee with his Registration Form.

4.3 The Applicant hereby irrevocably authorises Options Eurocongress to, on behalf of SASA, charge the Registration Fee to the Applicant Credit Card in accordance with clause 4.2.

5. WARRANTIES AND LIABILITY

5.1 The Applicant warrants to SASA that the information stipulated by the Applicant on the Registration Form is true, complete and accurate.

5.2 The Applicant warrants to SASA that it is authorised to provide SASA with the Applicant Credit Card for payment of the Registration Fee.

5.3 Save as expressly specified in the Agreement, all terms, conditions, warranties, representations, or guarantees whether express or implied relating to the performance, quality or fitness for purpose of any part of the goods and/ or services provided by SASA under the Agreement are, to the fullest extent permitted by law, hereby excluded.

5.4 Neither party excludes or limits liability to the other party for death or personal injury caused by that party’s negligence, or liability for fraudulent misrepresentation, or any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.

5.5 Subject to clauses 5.4 and 5.6, the entire financial liability of SASA in respect of breaches of the Agreement or of any other duty to the Applicant or for negligence in connection with the subject matter of the Agreement will be limited to the amount of the Registration Fee.

5.6 Subject to clause 5.4, in no event shall SASA be liable to the Applicant for any of the following however and whenever arising: 5.6.1 loss of profits; or
5.6.2 loss of business; or
5.6.3 loss of revenue; or
5.6.4 loss of data; or
5.6.5 loss of goodwill; or
5.6.6 loss of anticipated savings; or
5.6.7 any special, indirect, consequential or pure economic loss, damage, costs or expense.

5.7 The Applicant will indemnify SASA forthwith upon demand in respect of any loss, damage, cost or expense suffered or incurred by SASA as a result of the Applicant breaching any of its obligations in the Agreement.

6. TERMINATION

6.1 Notwithstanding any other provisions herein contained, and without prejudice to any other rights that SASA may have, SASA may forthwith terminate the Agreement by written notice to the Applicant if any of the following events occur:
6.1.1 if the Applicant is in substantial breach of a provision of the Agreement and fails to remedy such breach (if capable of remedy) within 14 days of having received written notice of breach; or
6.1.2 if the Applicant (being an individual) has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) enters into administration (whether out of court or otherwise), receivership, liquidation, a formal arrangement with its creditors or analogous proceedings or procedure, or is otherwise insolvent or ceases or threatens to cease to trade.

6.2 Termination or suspension of the Agreement will be without prejudice to any accrued rights or obligations of either party.

7. FORCE MAJEURE

7.1 In the Agreement, “Force Majeure” means any cause which results in the failure or delay in the performance of either party’s obligations under the Agreement which arises from or is attributable to circumstances beyond the reasonable control of the defaulting party including without limitation acts of God, war (declared or undeclared) strikes, labour disputes, labour unrest, governmental regulation, civil disturbance, terrorism, disaster, fire, earthquakes, hurricanes, unreasonable extreme inclement weather, curtailment of transportation facilities, public utility failure, declaration of a “high” or “severe” risk of terrorist attack by the Foreign and Commonwealth Office of the UK government, issuance of a travel advisory for South Africa by the World Health Organization, or any other comparable condition making it inadvisable, illegal or impossible for either party to perform its obligations hereunder.

7.2 SASA reserves the right to defer or to cancel the Congress (without liability to the Applicant) in the event of a Force Majeure.

7.3 If SASA cancels the Congress pursuant to clause 7.2, SASA will refund the Applicant [with the Registration Fee].

8. DATA PROTECTION

8.1 SASA will process personal information (“Information”) as defined in the Data Protection Act 1998 (“DPA”) provided by the Applicant to SASA in accordance with applicable data protection law and this clause 8. The Applicant consents to SASA using Information as follows:

8.1.1 SASA will obtain, record, store and use Information as necessary in connection with the Congress including transfer of Information to employees, agents and third parties as required for this purpose;
8.1.2 SASA may transfer its business assets (which includes Information) on re-organisation, sale or merger of the whole or any part of its business;
8.1.3 SASA reserves the right to process Information as required for marketing purposes, to obtain legal advice, comply with legal requirements, enforce or apply any agreements (including the Agreement) and protect the rights, property or safety of SASA its employees, its clients and others; and
8.1.4 SASA may transfer Information outside the European Economic Area for any of the purposes listed in this clause 8.

8.2 If SASA intends to process Information other than as set out above the Applicant will receive notice and be given the opportunity to decline the processing.

9. GENERAL

9.1 The Agreement contains the whole agreement between the parties in respect of subject matter of the Agreement and supersedes any prior written or oral agreement between them relating to it and the parties confirm that they have not entered into the Agreement on the basis of any representations that are not expressly incorporated in the Agreement. Nothing in the Agreement will, however, operate to limit or exclude any liability for fraud.

9.2 No amendment to the Agreement will be binding unless made in writing and signed by an authorised representative of each of the parties.

9.3 The Applicant may not assign, charge or otherwise transfer to a third party any of its rights or obligations hereunder without the prior written consent of SASA. SASA may assign, charge or otherwise transfer to a third party any of its rights or obligations hereunder without the prior written consent of the Applicant.

9.4 No waiver of any breach of the other party's obligations hereunder will represent a waiver of the waiving party's rights hereunder or of any subsequent breach.

9.5 No term of the Agreement will be enforced by a third party (being any person other than the parties and their permitted successors and assignees).

9.6 Any notice to effect suspension or termination of the whole or any part of this Agreement:

9.6.1 will be made in writing and either delivered personally, sent by first class recorded delivery or via e-mail if the Applicant has stated that e-mail is his preferred method of communication on the Registration Form, to the party to whom the notice is addressed at its address as set out in clause 9.6.3 or such other address as either party may specify by notice in writing to the other;
9.6.2 in the absence of evidence of earlier receipt will be deemed to have been duly given:
(a) if delivered personally, when left at the address referred to in clause 9.6.1;
(b) if sent by first class recorded delivery, at the time recorded by the delivery agent; or
(c) if sent by e-mail, at the time of despatch; and

9.6.3 the addresses for service of notice are as follows:
(a) SASA’s address is Options Eurocongress UK Limited, 65 Knowl Piece, Wilbury Way, Hitchin Hertfordshire, SG4 0TY, United Kingdom and the relevant e-mail address is wca2008@optionsglobal.com; and
(b) the Applicant’s address and e-mail address are that specified on the Applicant’s Registration Form.

9.7 If any provision of the Agreement is held to be void or unenforceable in whole or in part, the Agreement will continue to be valid as to the other provisions thereof and the remainder of the affected provision.

9.8 The Agreement will be binding on and will continue for the benefit of the permitted successors and permitted assigns (as the case may be) of each of the parties.

9.9 Nothing in the Agreement is intended to, or shall be deemed to, constitute a contract of employment.

10. APPLICABLE LAW

The Agreement will be governed by and construed in accordance with the laws of England and Wales and each party to the Agreement submits to the exclusive jurisdiction of the English courts.