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 (if applicable)) accommodation voucher redeemable against a booking for hotel room(s) at an Official Accommodation Sites;

Agreement: the Hotel Terms and the Booking Form;

Booking Confirmation: has the meaning prescribed to it in clause 2.2; Booking Form: the hotel booking form entitled as such which is available on the Congress Websites;

Booking Period: the period specified as such on the Booking Form;

Cancellation Notice: has the meaning prescribed to it in clause 4.1;

Client: the party named as such on the Booking Form;

Client Payment Card: the payment card specified by the Client on the Booking Form;

Congress Websites: the websites operated from the domains www.WCA2008.com and www.myWCA2008.com;

Designated Hotel: the hotel specified as such on the Booking Form;

Force Majeure: has the meaning prescribed to it in clause 8.1;

Group Booking: a Booking Form which reserves 5 or more rooms at the Designated Hotel;

Hotel Terms: the terms set out in this document; Official Accommodation Sites: the sites listed as such on the Congress Websites;

Options: Options Eurocongress UK Limited (company number 05783257) whose registered office is at 65 Knowl Place, Wilbury Way, Hitchin, Hertfordshire, SG4 0TY;

Price: the price specified on the Booking Form (inclusive of 14% VAT and 1% tourism levy (if applicable);

Protea Hotel: any Official Accommodation Site which is specified as being a Protea hotel on the Congress Websites;

Reserved Hotel Rooms: the rooms reserved for the Client at the Designated Hotel as specified on the Booking Confirmation or as varied in accordance with clause 2.4;

Single Client Booking: a Booking Form which reserves 4 or less rooms at the Designated Hotel; and

Southern Sun Hotel: any Official Accommodation Site which is specified as being a Southern Sun hotel on the Congress Websites

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 Hotel Terms will prevail over the Booking Form.

1.4 No terms or conditions endorsed on, delivered with or contained in the Client’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.

2. BOOKING FORM

2.1 The Booking Form submitted by the Client will be deemed to be an offer by the Client to book a hotel room at the Designated Hotel for the Booking Period subject to the terms and conditions of these Hotel Terms.

2.2 The Client’s offer will be accepted upon Options sending written notification to the Client confirming that the Client’s Booking Form has been accepted ("Booking Confirmation").

2.3 The Client acknowledges that Options is not under an obligation to accept any Booking Form submitted by the Client. The Client further acknowledges that Options will not issue a Booking Confirmation if it does not receive the sums due for payment upon receipt of the Booking Form (in accordance with clause 5) within 24 hours of receiving the Client's Booking Form save for if payment is to be made by bank transfer (as confirmed on the Booking Form) in which case such period will be extended to 10 working days of receiving the Client's Booking Form.

2.4 If the Client wishes to vary his booking after a Booking Confirmation has been issued, the Client must follow the variation procedure set out in the Booking Confirmation. Options will forward any variation requests to the Designated Hotel, however Options cannot guarantee that the Client's variations will be accommodated. Options reserves the right to charge a variation fee, the details of such fee will be set out in the Booking Confirmation.

3. DESIGNATED HOTEL

3.1 The check in and check out times at the Designated Hotel will be confirmed in the Booking Confirmation.

3.2 The Client agrees that he and each of his guests and/ or representatives will comply with the Designated Hotel's rules and procedures including, without limitation, those relating to fire, licensing, entertainment, health, hygiene and safety.

3.3 The Client agrees that he and each of his guests and/ or representatives will:

3.3.1 not act in a disruptive manner; and
3.3.2 not damage any part of the Designated Hotel (including all fixtures and fittings) and/ or any item within the Designated Hotel.

3.4 The parties acknowledge that the star rating awarded to the Designated Hotel in Options' literature (including, without limitation, WCA2008 preliminary programme) and on the Congress Websites is indicative only and does not reflect the opinion of Options and/ or its employees.

3.5 The parties acknowledge that the Designated Hotel has the right to change its name and/ or brand at any time.

3.6 In the event that Options is unable to provide the Reserved Hotel Rooms because of overbooking at the Designated Hotel, Options will use reasonable efforts to provide alternative accommodation of at least equal standard (in Options' reasonable opinion). If Options is able to secure such alternative accommodation for the Client, Options will have no further liability to the Client for Options' failure to provide the Reserved Hotel Rooms.

4. CANCELLATION POLICY

4.1 The Client may cancel its booking by sending written notice of such cancellation (“Cancellation Notice”) to Options.

4.2 In respect of Single Client Bookings at a Southern Sun Hotel or a Protea Hotel, if Options receives the Client’s Cancellation Notice:

4.2.1 on or before 6 November 2007, Options will refund the Client with the Price paid less one night deposit and any applicable bank charges;
4.2.2 between 7 November 2007 and 12 December 2007, Options will refund the Client with the Price paid less two nights deposit and any applicable bank charges; and
4.2.3 on or after 13 December 2007, no refund will be payable to the Client.

4.3 In respect of Single Client Bookings not at a Southern Sun Hotel or a Protea Hotel, if Options receives the Client’s Cancellation Notice:

4.3.1 on or before 6 November 2007, Options will refund the Client with the Price paid less one night deposit and any applicable bank charges;
4.3.2 between 7 November 2007 and 1 January 2008, Options will refund the Client with the Price paid less two nights deposit and any applicable bank charges; and
4.3.3 on or after 2 January 2008, no refund will be payable to the Client.

4.4 In respect of Group Bookings, if Options receives the Client's Cancellation Notice:

4.4.1 on or before 6 November 2007, Options will refund the Client with the Price paid less one night deposit and any applicable bank charges;
4.4.2 between 7 November 2007 and 4 December 2007, Options will refund the Client with 50% of the Price paid less and any applicable bank charges; and
4.4.3 on or after 5 December 2007, no refund will be payable to the Client.

4.5 Any refund to be paid by Options pursuant to this clause 4 will be paid to the Client's Payment Card within 21 days of Options' receipt of the Client's Cancellation Notice.

4.6 In the event of cancellation, the Client will not be entitled to a rebate in respect of the value of the Accommodation Voucher.

5. PRICE AND PAYMENT

5.1 The Client agrees to pay Options the Price in accordance with the terms of this clause

5.5.2 In the event that the Designated Hotel is an Official Accommodation Site and the Client has an Accommodation Voucher, the value of the Accommodation Voucher will be deducted from the Price provided that the Booking Form is received by Options before 1 December 2007.

5.3 If the Price is less than the value of the Accommodation Voucher, the Client will not be entitled to a rebate of the residual amount. 5.4 If the Price is less than €300 (inclusive of statutory 14% VAT and 1% tourism levy (if applicable)) and:

5.4.1 the Client has paid a deposit of €150 (inclusive of statutory 14% VAT and 1% tourism levy (if applicable)) in accordance with clause 5.5.1(i) or clause 5.6.1(i); and

5.4.2 an Accommodation Voucher is to be deducted from the Price in accordance with clause 5.2; then a refund will be made in respect of the overpayment. Such refund will be paid to the Client Payment Card on 2 January 2008.

5.5 In respect of Single Client Bookings, if the Designated Hotel is a Southern Sun Hotel or a Protea Hotel and the Booking Form is received by Options:

5.5.1 before 13 December 2007, the Price will be paid as follows:
(i) €150 (inclusive of applicable sales tax and tourism levy (if applicable)) will be due for payment upon Options' receipt of the Booking Form;
(ii) the balance of the Price (after deducting the value of the Accommodation Voucher if applicable) will be due for payment on 13 December 2007; or

5.5.2 on or after 13 December 2007, the Price will be due for payment upon Options' receipt of the Booking Form.

5.6 In respect of Single Client Bookings, if the Designated Hotel is not a Southern Sun Hotel or a Protea Hotel and the Booking Form is received by Options:

5.6.1 before 2 January 2008, the Price will be paid as follows:
(i) €150 (inclusive of applicable sales tax and tourism levy (if applicable)) will be due for payment upon Options' receipt of the Booking Form;
(ii) the balance of the Price (after deducting the value of the Accommodation Voucher if applicable) will be due for payment on 2 January 2008; or

5.6.2 on or after 2 January 2008, the Price will be due for payment upon Options' receipt of the Booking Form.

5.7 In respect of Group Bookings, the Price will be due for payment as follows:

5.7.1 50% of the Price will be due for payment upon Options' receipt of the Booking Form; and
5.7.2 50% of the Price will be due for payment on 5 December 2007.

5.8 The Client hereby irrevocably authorises Options to charge the Price to the Client Payment Card on or after the due dates specified in this clause 5.

5.9 If the Client wishes to dispute any invoice issued by Options, the Client must notify Options of the dispute within 14 days of the date of the invoice.

5.10 Any goods and/ or services acquired by the Client from the Designated Hotel will be paid for by the Client directly to the Designated Hotel in accordance with the Designated Hotel's payment terms.

5.11 Without prejudice to any other right or remedy that it may have, if the Client fails to pay Options any sums due on the due date, Options may charge interest on such sum from the due date for payment at the annual rate of 7% accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment.

6. WARRANTIES AND LIABILITY

6.1 The Client warrants to Options that the information stipulated by the Client on the Booking Form is true, complete and accurate.

6.2 The Client warrants to Options that it is authorised to provide Options with the Client Payment Card for payment of the Price.

6.3 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 Options under the Agreement are, to the fullest extent permitted by law, hereby excluded.

6.4 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.

6.5 Subject to clauses 6.4 and 6.6, the entire financial liability of Options in respect of breaches of the Agreement or of any other duty to the Client or for negligence in connection with the subject matter of the Agreement will be limited to the Price paid by the Client under the Agreement.

6.6 Subject to clause 6.4, in no event shall Options be liable to the Client for any of the following however and whenever arising: 6.6.1 loss of profits; or
6.6.2 loss of business; or
6.6.3 loss of revenue; or
6.6.4 loss of data; or
6.6.5 loss of goodwill; or
6.6.6 loss of anticipated savings; or
6.6.7 any special, indirect, consequential or pure economic loss, damage, costs or expense.

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

7. TERMINATION

7.1 Notwithstanding any other provisions herein contained, and without prejudice to any other rights that Options may have, Options may forthwith terminate the Agreement by written notice to the Client if any of the following events occur:

7.1.1 if the Client 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
7.1.2 if the Client (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.

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

8. FORCE MAJEURE

8.1 In the Agreement, “Force Majeure” means any cause which results in the failure or delay in the performance of Options' obligations under the Agreement which arises from or is attributable to circumstances beyond the reasonable control of Options including without limitation default of the Designated Hotel, 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 Options to perform its obligations hereunder.

8.2 In the event that Options is unable to provide the Reserved Hotel Rooms to the Client as a result of a Force Majeure event, Options will be entitled to cancel the Agreement without any liability to the Client provided that Options agrees to pay to the Client any refund it receives from the Designated Hotel in respect of the Reserved Hotel Rooms.

9. DATA PROTECTION

9.1 Options will process personal information (“Information”) as defined in the Data Protection Act 1998 (“DPA”) provided by the Client to Options in accordance with applicable data protection law and this clause 9. The Client consents to Options using Information as follows:

9.1.1 Options will obtain, record, store and use Information as necessary in connection with booking the hotel booking including transfer of Information to employees, agents and third parties as required for this purpose;
9.1.2 Options may transfer its business assets (which includes Information) on re-organisation, sale or merger of the whole or any part of its business;
9.1.3 Options 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 Options its employees, its clients and others; and
9.1.4 Options may transfer Information outside the European Economic Area for any of the purposes listed in this clause 9.

9.2 If Options intends to process Information other than as set out above the Client will receive notice and be given the opportunity to decline the processing.

10. GENERAL

10.1 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.

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

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

10.4 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.

10.5 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).

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

10.6.1 will be made in writing and either delivered personally, sent by first class recorded delivery or via e-mail if the Client has stated that e-mail is his preferred method of communication on the Booking Form, to the party to whom the notice is addressed at its address as set out in clause 10.6.3 or such other address as either party may specify by notice in writing to the other;

10.6.2 in the absence of evidence of earlier receipt will be deemed to have been duly given:
(i) if delivered personally, when left at the address referred to in clause 10.6.1;
(ii) if sent by first class recorded delivery, at the time recorded by the delivery agent; or
(iii) if sent by e-mail, at the time of despatch; and

10.6.3 the addresses for service of notice are as follows:
(i) Options’ address is 65 Knowl Place, Wilbury Way, Hitchin, Hertfordshire, SG4 0TYUnited Kingdom and the relevant e-mail address is wca2008@optionsglobal.com ; and
(ii) the Client’s address and e-mail address are that specified on the Client’s Booking Form.

10.7 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.

10.8 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.

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

11. 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.