Rugby World Cup 2011 - Official Hospitality

Ticketek.com - Hospitality. John Eales 5 - Official Corporate Hospitality
RUGBY WORLD CUP 2011 COUNTDOWN

Terms and Conditions

Terms of Use

These terms and conditions (the "Terms of Use") together with the Ticket Terms and Conditions (as defined below) and the RTH Invoice (collectively the "Customer Agreement") govern the purchase of Hospitality Packages (as defined below) by the Customer. The Ticket Terms and Conditions are set out in Appendix Two

In purchasing a Hospitality Package, the Customer (as defined below) has accepted to be bound by each of the provisions contained in the Customer Agreement. Accordingly, the Customer must ensure that it has read and understood the provisions of the Customer Agreement before purchasing Hospitality Packages.

  1. 1. Definitions

  2. The defined terms in relation to these Terms of Use are set out in Appendix One.

  3. 2. Orders and Price

  4. 2.1 In purchasing the Hospitality Package(s) the Customer:
    1. (a) warrants that all Customer details provided to the OCHA on behalf of the Customer are complete and accurate;
    2. (b) acknowledges that the OCHA has brought to the attention of the Customer these Terms of Use and the Ticket Terms and Conditions; and
    3. (c) formally accepts and agrees to be bound by (and to comply with) the Ticket Terms and Conditions.
  5. 2.2 RTH shall invoice the Package Fee to the Customer.
  6. 2.3 For the avoidance of doubt:
    1. (a) the Customer's contract in respect of the Hospitality Package(s) (but not any enhancements to the Hospitality Package, or additional products or services offered by the OCHA to the Customer) is with RTH and not the OCHA; and
    2. (b) any Hospitality Package enhancements or additional products and services sold to the Customer by the OCHA shall be invoiced directly to the Customer by the OCHA and not by RTH.
  7. 2.4 The Customer purchases, and RTH shall provide, the number and type of Hospitality Packages subject to the provisions of the Customer Agreement.

  8. 3. Payment Terms

  9. 3.1 If the Customer Agreement is entered into prior to 29 October 2010, then the Customer shall pay:
    1. (a) twenty five per cent (25%) of the Package Fee on the date the Customer Agreement is entered into;
    2. (b) thirty per cent (30%) of the Package Fee on 1 December 2010; and
    3. (c) the remaining forty five per cent (45%) of the Package Fee on 1 May 2011.
  10. 3.2 If the Customer Agreement is entered into on or after 29 October 2010 but before 12 March 2011 then the Customer shall pay:
    1. (a) fifty five per cent (55%) of the Package Fee on the date the Customer Agreement is entered into;
    2. (b) ten per cent (10%) of the Package Fee on 15 March 2011; and
    3. (c) the remaining thirty five per cent (35%) of the Package Fee on 1 April 2011.
  11. 3.3 If the Customer Agreement is entered into on or after 12 March 2011, then the Customer shall pay the Package Fee on the date the Customer Agreement is entered into.
  12. 3.4 Payment of all sums pursuant to this Agreement shall be paid in New Zealand dollars (unless otherwise agreed in writing by RTH) by bank transfer to RTH’s bank account details of which shall be provided by RTH or such other method offered by RTH.
  13. 3.5 Without prejudice to any other rights under this Agreement, RTH shall be entitled in the case of overdue payments from Customer to charge interest on such overdue payments at the rate of two percent (2%) above the Bank of New Zealand’s “business overdraft” base rate from time to time as listed on the “Business Base Rates” page under the “Borrowing” tab of the interest.co.nz website (http://www.interest.co.nz/business-base-rates.asp?mm10) from the due date until the date of payment.
  14. 3.6 All prices and any other charges quoted by RTH under this Agreement are exclusive of taxes, duties and charges imposed or levied in connection with the supply of the Hospitality Packages (including, but not limited to, GST) which shall be additionally payable by the Customer.
  15. 3.7 The Customer acknowledges that:
    1. (a) Mastercard is the ‘preferred card of Rugby World Cup 2011’;
    2. (b) not all payment cards will be accepted by RTH; and
    3. (c) payments made by payment cards may be subject to a handling fee of 2.5%.
  16. 3.8 RTH will hold all amounts paid by the Customer in respect of the Face Value of Tickets on trust in an account administered by RWCL until the relevant Tickets have been issued to the Customer.

  17. 4. Delivery of Hospitality Packages

  18. 4.1 RTH shall deliver Hospitality Packages, Event Documents and Tickets to the Customer at the address notified to RTH by the OCHA in respect of the Customer.
  19. 4.2 Notwithstanding clause 4.1, it shall be the Customer's responsibility to arrange for an authorised representative to be present at the delivery address referred to in clause 4.1 to receive Hospitality Packages, Event Documents and/or Tickets, and to notify RTH of any change to such delivery address within a reasonable time prior to scheduled delivery.

  20. 5. No sponsorship rights or association with the Tournament

  21. 5.1 The Customer expressly acknowledges and agrees that the purchase of Hospitality Packages does not grant the Customer (or any Guest) any marketing or promotional rights with respect to the Tournament, the match, the IRB, RNZ 2011 or NZRU.
  22. 5.2 The Customer must not and shall procure that each of its Guests shall not, unless any of them are entitled to, use the Designation or the Trade Mark, hold itself out as a sponsor of, or otherwise associate itself or its name in any manner whatsoever with the Tournament, the match, the IRB, and/or RNZ 2011.
  23. 5.3 The Customer must not (and shall procure that its Guests shall not) whether before, during or after the Tournament:
    1. (a) use the Hospitality Package (or any element thereof) for marketing or promotional purposes (including, without limitation, for use as a prize in competitions); or
    2. (b) conduct any promotional, advertising or marketing activity in relation with the Tournament, the match, the IRB, RNZ 2011 or NZRU.
  24. 5.4 The Customer (including its Guests) shall have no right to use the official emblem, official designations and mascot(s) (if any) of the Tournament.
  25. 5.5 The Customer agrees that neither it, its Guests or any of its clients (as appropriate) shall have any right to promote themselves or their trade or business in the Venue Hospitality Area or otherwise associate themselves with RTH or the Tournament.
  26. 5.6 The Customer must comply at all times with the Major Events Management Act 2007 and shall not be entitled (and shall not permit its Guests) to wear or distribute in the Venue Hospitality Area any identifying material bearing a corporate name or logo (such as for example and without limitation hats, t-shirts, flags and balloons) whether to be used or worn by the Customer or its Guests at the relevant match or otherwise.

  27. 6. Hospitality Packages

  28. 6.1 The Customer acknowledges and accepts that access to the Venue and Venue Hospitality Area is strictly limited to the match day and to the time indicated by RTH. For the avoidance of doubt, access to the locations where Hospitality Services are provided will be restricted to persons having the express right to access such locations.
  29. 6.2 RTH reserves the right to substitute or amend a Hospitality Package (including without limitation any seats, areas or services initially allocated to the Customer) if such amendment is required:
    1. (a) in order to comply with local applicable laws in force during the Tournament; or
    2. (b) due to security constraints or other reasons in connection with the staging of the Tournament, in which case, RTH shall use all reasonable efforts to provide the Customer with (in RTH’s opinion) an equivalent (as close as possible) hospitality package to the Hospitality Package purchased by the Customer. In such circumstances, RTH shall notify the Customer of the details of its new hospitality package.

  30. 7. Conduct

  31. 7.1 The Hospitality Package is provided subject to the Customer Agreement.
  32. 7.2 The Customer shall be responsible for notifying each Guest of the Ticket Terms and Conditions and the provisions of this Customer Agreement. The Customer shall procure the full compliance of its Guests with the Ticket Terms and Conditions and the provisions of this Customer Agreement.
  33. 7.3 The Customer and its Guests shall at all times comply with all directions and instructions of the competent authorities at the Venue (including, without limitation, the police).
  34. 7.4 If the Customer or any Guest fails to comply with clauses 7.2 or 7.3 then the Customer and/or the Guest (as applicable) shall have no right to a refund from RTH and RTH shall have no liability whatsoever to the Customer or the Guest as a result.
  35. 7.5 Without prejudice to the foregoing, the Customer shall, in purchasing a Hospitality Package, be deemed to have accepted and agreed to be bound by (and to comply with) the Ticket Terms and Conditions and the provisions of the Customer Agreement. Such acceptance and agreement shall be a material condition of the sale of the Tickets to the Customer. Any breach of the Ticket Terms and Conditions (including, for the avoidance of doubt and without limitation, the prohibitions on resale, transfer and commercial use) and the provisions of the Customer Agreement may result in the cancellation of the relevant Tickets.

  36. 8. Ambush Marketing

  37. 8.1 Without prejudice to the foregoing, the Customer agrees to use its best endeavours to ensure that its Guests comply with all rules and safety regulations established at each Venue and Venue Hospitality Area and acknowledges that Customers and/or Guests who are disruptive to the match or the enjoyment, comfort or safety of other spectators (whether because under the influence of alcohol, narcotics or otherwise) may be refused admission or removed by the Venue Operator. If the Customer (or a Guest) is refused admission or removed in such circumstances, then the Customer (including the relevant Guest) shall not be entitled to any refund and RTH shall have no liability whatsoever to the Customer or the Guest as a result.
  38. 8.2 The Customer and Guests are forbidden from using, possessing, selling or distributing any Prohibited Materials in the Venue or Venue Hospitality Area. If the Customer or any Guest is found with any such Prohibited Materials, the Venue Operator may remove such items and/or remove the Customer or Guest (as applicable) from the Venue or Venue Hospitality Area and/or refer the Customer or Guest (as applicable) to local authorities for investigation. If the Customer or a Guest is removed in such circumstances, then the Customer (including the relevant Guest) shall not be entitled to any refund and RTH shall have no liability whatsoever to the Customer or the Guest as a result.
  39. 8.3 Without prejudice to clause 8.2, the Customer and Guests are strictly prohibited from possessing, selling or distributing any kind of promotional or commercial items in the Venue or Venue Hospitality Area (including, without limitation, drinks, food, souvenirs, clothes and flyers). The Venue Operator may remove such items and/or remove the Customer or Guest (as applicable) from the Venue or Venue Hospitality Area. If the Customer or a Guest is removed in such circumstances, then the Customer (including the relevant Guest) shall not be entitled to any refund and RTH shall have no liability whatsoever to the Customer or the Guest as a result.

  40. 9. Tickets

  41. 9.1 The Customer acknowledges that Tickets (and any access/parking passes) that are damaged, defaced or unreadable may not be accepted by the Venue Operator for admission to the Venue or Venue Hospitality Area.
  42. 9.2 RTH shall not replace or reimburse the Customer in respect of any lost, stolen, damaged, destroyed or defaced Tickets (and any access/parking passes), save where the same occurs as a result of the negligent act or omission of RTH.
  43. 9.3 The Customer represents and warrants that it is purchasing the Hospitality Package for use by itself and its Guests only. The Customer shall not be entitled to resell, exchange or make available to any other person the Hospitality Package or any element of the Hospitality Package (including, without limitation, the Tickets).

  44. 10. Rescheduled / Relocated Matches

  45. 10.1 The times, dates and places of a match may be modified without notice to the Customer as a result of unforeseen circumstances (including, without limitation, Force Majeure, safety and security concerns or a decision from IRB, NZRU, RNZ 2011, the Venue Operator or any other competent authority).
  46. 10.2 If a match is rescheduled or relocated for any of the reasons referred to in clause 10.1, RTH will use its best efforts to arrange for the relevant Hospitality Package to be provided at the rescheduled or relocated match and/or venue. If RTH is able to provide materially the same Hospitality Package at the rescheduled or relocated match and/or venue, then the Customer’s booking for the relevant Hospitality Package shall remain valid for the rescheduled or relocated Match and/or venue, and the Customer shall not be entitled to claim any refund and RTH shall have no liability whatsoever to the Customer or any Guest as a result. If RTH is unable to provide materially the same Hospitality Package at the rescheduled or relocated match, then the Customer shall be entitled to cancel its booking and claim a refund (save that RTH shall be entitled to retain any booking/administrative costs reasonably incurred by RTH prior to the date of cancellation and to retain such other costs as are reasonable if and to extent that RTH has borne costs in reliance on the match taking place and such costs are not readily recoverable (including, without limitation, any commission paid to the relevant OCHA)).
  47. 10.3 If a Match is rescheduled to take place after 1 January 2012, the Customer shall be entitled to cancel its booking (but shall not be obliged to do so) and claim a refund (save that RTH shall be entitled to retain any booking/administrative costs reasonably incurred by RTH prior to the date of cancellation and to retain such other costs as are reasonable if and to extent that RTH has borne costs in reliance on the match taking place prior to that date and such costs are not readily recoverable (including, without limitation, any commission paid to the relevant OCHA)).
  48. 10.4 The above remedies are without prejudice to any other remedy the Customer may have pursuant to the Ticket Terms and Conditions.

  49. 11. Cancellation

  50. 11.1 If a match (or any part thereof) is cancelled as a consequence of unforeseen circumstances (including, without limitation, Force Majeure, safety and security concerns or a decision from IRB, NZRU, RNZ 2011, the Venue Operator or any other competent authority) or as a result of the disqualification or withdrawal of a team, and not rescheduled, then the Customer shall be entitled to terminate the Customer Agreement and claim a refund (save that RTH shall be entitled to retain any booking/administrative costs reasonably incurred by RTH prior to the date of cancellation and to retain such other costs as are reasonable if and to extent that RTH has borne costs in reliance on the match taking place and such costs are not readily recoverable (including, without limitation, any commission paid to the relevant OCHA)).
  51. 11.2 The above remedies are without prejudice to any other remedy the Customer may have pursuant to the Ticket Terms and Conditions.

  52. 12. Liability

  53. 12.1 Other than the specific remedies available to the Customer referred to above, RTH shall not be liable to the Customer (or a Guest) by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the terms of the Customer Agreement, for any consequential loss or damage, any loss of profit (whether direct or indirect) or business or loss of future business or loss of enjoyment or otherwise, costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of RTH, its employees or agents or otherwise) which arise out of or in connection with the supply of Hospitality Packages (including Tickets) or their use.
  54. 12.2 RTH’s total liability to the Customer and its Guests whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the Package Fee paid in respect of the affected Hospitality Package(s).
  55. 12.3 The Customer shall be responsible for all damage caused by itself, its Guests and any other persons under the control of the Customer.
  56. 12.4 The Customer agrees that the personal arrangements of it and its Guests in connection with the Hospitality Package (including, without limitation, travel and accommodation) are entered into by the Customer and its Guests at their own risk and that RTH shall not be liable for any costs, losses, loss of enjoyment or wasted expenditure (including, without limitation, any indirect and/or consequential loss or damage) suffered by the Customer or its Guests.
  57. 12.5 Nothing in this Agreement is intended and nor shall it be construed as an attempt by any party to exclude or limit its liability for death or personal injury caused by its negligence.

  58. 13. Termination Events

  59. 13.1 The Customer shall only be entitled to terminate the Customer Agreement in accordance with clauses 11.1 and 13.3 of these Terms of Use.
  60. 13.2 Without prejudice to any other rights RTH may have, RTH may terminate the Customer Agreement with immediate effect if:
    1. (a) the Customer fails to make a payment in accordance with clause 3; or
    2. (b) in RTH’s reasonable opinion, the Customer or any of its Guests is, or is likely to be, in breach of clauses 8.2 or 8.3.
  61. 13.3 Either party may terminate a Customer Agreement with immediate effect if:
    1. (a) the other party is in material breach of any term of these Terms of Use and such breach is not capable of remedy;
    2. (b) the other party is in material breach of any term of these Terms of Use and (where capable of remedy) such breach is not remedied within thirty (30) days of notice to do so; or
    3. (c) the other party becomes subject to an Insolvency Event.
  62. 13.4 If notice of termination is given by RTH to the Customer pursuant to clause 13.2 or 13.3, RTH may, in addition to terminating the Customer Agreement:
    1. (a) require that the Customer immediately pay any money due to RTH;
    2. (b) cancel all the Customer’s orders confirmed by RTH pursuant to clause 2 prior to the date of termination;
    3. (c) be regarded as discharged from any further obligations under this Agreement; and
    4. (d) pursue any additional or alternative remedies provided by law, except as otherwise provided in this Agreement.
  63. 13.5 Termination of a Customer Agreement shall not affect the rights or liabilities of either party accrued prior to termination or any terms intended expressly or by implication to survive termination.

  64. 14. Notices

  65. 14.1 Any communication to be given in connection with these Terms of Use shall be in writing in English and shall either be delivered by hand or sent by first class post or fax to the address of the relevant party. The parties shall notify each other of such details at the time of the Customer’s booking and shall keep each other updated of any changes to such details.
  66. 14.2 A communication sent according to clause 14.1 shall be deemed to have been received:
    1. (a) if delivered by hand, at the time of delivery;
    2. (b) if sent by first class post, on the second day after posting; or
    3. (c) if sent by first class post, on the second day after posting; or
    If, under the preceding provisions of this clause 14.2, a communication would otherwise be deemed to have been received outside normal business hours in the place of receipt, being 9.30 am to 5.30 pm on a day other than a Saturday, Sunday or public holiday in New Zealand (“Business Day”), it shall be deemed to have been received at 9.30 am on the next Business Day.

  67. 15. Entire agreement, no waiver, and amendments

  68. 15.1 The Customer Agreement constitutes the whole agreement and understanding between the parties with respect to the subject matter of the Customer Agreement and supersedes all prior agreements, negotiations and discussions between the parties relating to the subject matter of the Customer Agreement. The Customer acknowledges that it has not entered into the Customer Agreement in reliance on any statement or representation, whether or not made by RTH, except in so far as the representation has been incorporated into the Customer Agreement.
  69. 15.2 The Customer irrevocably and unconditionally waives any right it may have to claim damages and/or to rescind the Customer Agreement by reason of any misrepresentation (other than a fraudulent misrepresentation) not expressly contained in the Customer Agreement. Any failure or delay in enforcing an obligation or exercising a right, under the Customer Agreement, does not amount to a waiver of that obligation or right. The waiver of a breach of a term of the Customer Agreement does not amount to a waiver of any other term. A waiver of a breach of any of the terms of the Customer Agreement shall not prevent a party from subsequently requiring compliance with the waived obligation.
  70. 15.3 No amendment to the Customer Agreement shall be effective unless made in writing and signed by the parties or their duly authorised representatives.

  71. 16. Severance

  72. If any provision of the Customer Agreement is declared invalid or unenforceable by any court or authority of competent jurisdiction:
    1. (a) all other provisions of the Customer Agreement shall remain in full force and effect and shall not in any way be impaired; and
    2. (b) the parties shall meet and agree to a replacement provision which is as close as is legally permissible to the provision found invalid, or unenforceable.

  73. 17. Force Majeure

  74. 17.1 No party shall be liable to any other party for its inability to perform any obligations under the Customer Agreement caused by a Force Majeure Event.
  75. 17.2 If a Force Majeure Event occurs, then the party affected shall immediately notify the other parties of the nature and likely duration of the Force Majeure Event and take all reasonable steps to reduce its effect.
  76. 17.3 If the Force Majeure Event continues for a period of thirty (30) days or more either party may terminate the Customer Agreement provided such Force Majeure Event is continuing at the date of termination.
  77. 17.4 Unless the Customer Agreement is terminated under clause 17.3, the party affected by the Force Majeure Event shall notify the other parties as soon as its performance of its obligations under this Agreement is no longer prevented.

  78. 18. Governing law and jurisdiction

  79. The Customer Agreement shall be governed by and interpreted in accordance with the laws of New Zealand. The parties hereby submit to the exclusive jurisdiction of the New Zealand courts.