Hospitality Terms & Conditions

ACCOUNT: PRIMA HOSPITALITY (PTY) LTD

BANK: STANDARD BANK

BRANCH CODE: 051001

CHEQUE ACCOUNT NUMBER: 331024039

     The client shall ensure that it furnishes PH with a proof of payment. Proof of payment can be delivered, faxed, or e-mailed to PH. Payment is only deemed         to have been received by PH upon clearance of the funds by the relevant bank into the account of PH.
6. Collection and release of Hospitality Packages
    6.1 Once the full purchase price for the Hospitality Package is reflected into PH’s banking account, PH will inform the Client, via e-mail of the date, time and             location where the Hospitality Packages can be collected.
    6.2 Collection must be made by the Client personally and if the Client is a company, the Hospitality Package may be collected by its duly authorized                          representative or courier company.
    6.3 For security reasons, PH do not post any Hospitality Packages to any Client, nor does PH deliver any Hospitality Packages to any Client, unless                            otherwise agreed by PH. If the Client has by specifically requested PH in writing, to post / courier the Hospitality Packages to him/her/it at the address              provided by the Client, then PH will not be liable for any damages/loss and will be absolved of any responsibility or fault should such parcel/mail                          containing the Hospitality Packages is misplaced by the postal office or courier company. The Client shall be responsible for the cost of                                         posting/couriering Hospitality Cost and must be paid immediately upon request by PH, failing which PH will not post/courier the parcel to the Client. 
    6.4 Whilst every effort will made by PH to ensure the correct identity of the person collecting the Hospitality Packages, PH shall not be liable for any                           damages or loss suffered by the Client, in instances where fraud has been committed against PH.
    6.5 PH will not replace any general access tickets that have been lost, destroyed or misplaced by the Client, for any reason whatsoever.
7. Information and pricing
    7.1 Whilst every effort will be made to ensure the accuracy of the information contained in the website or brochure, such information is subject to alteration             at any time without prior notice and PH will not be bound to comply exactly therewith. PH shall not be liable for any inaccuracies in any websites or                     brochures supplied by it and PH shall not be held liable for any damages or loss arising out of such faulty information.
    7.2 PH shall be entitled, in its sole discretion, to determine the pricing for the Hospitality Package and may adjust the price in accordance with the                              prevailing market conditions without prior notice.
    7.3 Once the Hospitality Package has been confirmed by PH in terms of clause 4, the price of the Hospitality Package is fixed and cannot be increased.
8. Catering and special dietary requirement
    8.1 PH will provide and offer catering as well as a variety of alcoholic and non alcoholic beverage in the suite and hospitality areas.
    8.2 It is the Client’s obligation to ensure that he/she/it Inform PH on the hospitality application form, of any special dietary requirements (Vegetarian, Halaal            or Kosher) Whether for himself/herself or for any it’s guest and invitees, failing which it shall be deemed that no special dietary requirements is                            necessary.
    8.3 All special dietary requirements will incur additional costs.
    8.4 The client or any its guests and invitees shall be prohibited from removing any food and alcoholic drinks from the hospitality area. All food and                            alcoholic beverages must be consumed within the hospitality area.
9. Access to suites and hospitality area
    9.1 To gain access to the suite or the hospitality area, the Client shall ensure that he/she wears the necessary accreditation pass and present such                            accreditation pass together with the general access ticket to the security guard at the Event. No access to the suite or hospitality area will be granted,                without the necessary accreditation pass being presented at the security check point.
    9.2 The Client shall ensure that the accreditation pass is worn in an appropriate way (i.e. wrapped around the bearer’s wrist or worn around the bearer’s                    neck) and must be shown to any of PH’s staff upon request, failing which, PH may evict the Client or ant of its guest or invitees from the suite or the                    hospitality area/from the stadium or venue.
    9.3 In the event that a hospitality Package does not contain accreditation pass, then in order to gain access to the suite or the hospitality Package area, the            Client shall present the general access ticket at the security point.
    9.4 Right of admission to the hospitality area is reserved by PH.
10. Cancellation or postponement of Event
   10.1 Should the Event, due to force majeure or for any reason beyond PH’s reasonable control:
           10.1.1 Be cancelled more than 7(seven) Days prior to the Event, then the PH undertakes to refund the full purchase price of the Hospitality Package                                (without interests), to the Client;
           10.1.2 Be cancelled 7 (seven)Days but 3(three) Days prior to the scheduled date of the Event, then PH will refund 50% (fifty percent) of the full purchase                         price of the Hospitality Package(without interests), to the Client;
           10.1.3 Be postponed, then the Hospitality Package will remain valid and redeemable on the postponed date. If, however, on the postponed date, the                                 event is again postponed or cancelled for any reason whatsoever, then it shall be deemed that the Event have been cancelled and PH will refund                           25% (twenty five percent) of the full purchase price of the Hospitality Package (without interests), to the Client.
11. Non Payment and cancellation by the Client
    11.1 If the Client fails or omits to pay the full amount reflected in the invoice and within the time period stipulated in clause 5.1, it shall constitute as a                         cancellation
    11.2 If the Client wishes to cancel the Hospitality Package, after PH has confirmed the booking in terms of clause 4, then PH shall be entitled to charge                      cancellation fees as follows:
             11.2.1 If the Client notifies PH of the cancellation, more than 45 days prior to the event, then PH shall levy a cancellation fee of 50% of the total                                         purchase price (inclusive of VAT) of the Hospitality Package (without interests);
             11.2.2 If the Client notifies PH of the cancellation, more than 30 days but less than 45 days prior to the Event, then PH shall levy a cancellation fee of                               50% (fifty percent) of the total purchase price (inclusive of VAT) of the Hospitality (without interests);
             11.2.3 If the Client notifies PH of the cancellation, less than 30 days prior to the Event, then PH shall levy a cancellation fee of 100%(one hundred                                     percent) of the total purchase price (inclusive of VAT) of the Hospitality Package (without interests);
11.3 All cancellation of the Hospitality Package by the Client in terms of clause 11.2 must be given in writing to PH.
11.4 Should the Client fail or omits to pay the full amount and within the time period required in terms of clause 5.1 or if the Client elect to cancel the                           Hospitality Package in terms of clause 11.2, then PH shall be entitled in is sole and absolute discretion to deal with the Hospitality Packages as it may               deem fit, including without limitation to on release the Hospitality Packages back into the market for on selling to other third parties.
12. Restrictions
     12.1 The Client shall not be entitled to transfer Hospitality Packages acquired by it to any third party unless otherwise agreed by PH, in writing, which                            decision is within PH’s sole and absolute discretion. The Client is prohibited from advertising and or selling Hospitality Packages and/or host a                            competition wherein the Hospitality Packages is included as a prize, unless otherwise agreed by PH, in writing. Which decision within PH sole and                        absolute discretion.
     12.2 Any contravention of clause 12.1 by the Client (whether intentionally or otherwise), PH shall be entitled to withdraw the Hospitality Package and evict                  the Client, it guests, invitees as well as the person who have gained access to the hospitality areas illegally.
     12.3 The Client is prohibited from selling any item, merchandise or goods within the suite or Hospitality area, unless otherwise agreed by PH, in writing                        which decision is which PH’s sole and absolute discretion. Offenders will have their items, merchandise or goods removed without compensation and                the Client, its guest, invitees will be evicted from the suite or Hospitality area.
     12.4 The Client is prohibited from smoking in the suite or in the Hospitality area. The Client hereby indemnifies PH against any prosecution or penalties                      that may be instituted or imposed by any competent authority as a result of contravening the Tobacco Control Act (as amended) by the Client.
     12.5 PH abides and adheres to the Liquor Control Act (as amended), accordingly is prohibited by law to serve alcohol to any person under the age of 18                     (eighteen). The Client and any of its guest and invitee’s shall exercise control and ensure responsible drinking. PH and any other of its employees,                         agent, representative or suppliers may request any Client or any of its guest and invitees to produce identity documents before any alcohol is served.                   PH will refuse to serve any alcohol beverage to any person, should the Client or any of its guest and invitees fail to produce identity documents. The                     Client or any its guest and invitees shall be prohibited from knowingly (or reasonably should of known) serving, giving or allowing any person under the               age of 18 (eighteen) to consume alcohol beverage. The Client or any of its guest and invitees hereby indemnifies the venue owner, the suite owner and               PH, its employees, agent, representatives or suppliers, (i) against any prosecution or penalties that may be instituted or imposed by any competent                     authority as a result of the Client or any of its guests and invitees contravening the previsions of the Liquor Control Act (as amended(ii) against any                     injury or death suffered by any third party as a result of assault or physical altercation by the Client or any of its guest and invitees intoxicated by                         alcohol and (iii) against loss of income and ant other patrimonial damages suffered by the venue owner, suite owner and/or PH, as a result of the                         Liquor Control Board revoking, cancelling/withdrawing the venue owner, the suite owner or PH’s existing liquor license or as a result of the Liquor                         Control Board’s refusal to grant the venue owner, the suite owner or PH any liquor license in the future due to the client or any of its guest and invitees                 contravening the Liquor Control Act (as amended).
    12.6 The Client is prohibited from advertising the Hospitality Package through any medium for it/his/her own financial gain or acquire any form of                               commercial exposure which would otherwise misrepresent or give a false impression to the general public that the Client is in any way associated                       with the Event, PH or promoters of the Event, unless otherwise agreed by PH, in writing decision is within PH’s sole and absolute discretion.
   12.7 The Client is prohibited from holding or representing himself/herself/itself as a sponsor/partner of, or in any way associated itself, its brand/name in                  any manner whatsoever with the Event, PH or the promoters of the Event.
   12.8 The Client shall have no right to use the official logo, official designations or name of the Event, PH or the promoter, unless otherwise agreed by PH, in                writing, which decision is within PH’s sole and absolute discretion.
   12.9 The Client is further prohibited distributing or exhibiting any promotional materials or commercial items of whatever nature during the Event, unless                    otherwise agreed by PH, in writing, which decision is within PH’s sole and discretion. Offenders will have their promotional materials or commercial                    items removed without compensation and the Client, its guest; invitees will be evicted from the suite or hospitality area.
13. Parking
      If the Hospitality Package includes a parking ticket, then the Client acknowledges that he/she/it’s vehicle shall not be held liable for any damage or loss              suffered by the Client or any of its guest and invitees.
14. Children and minors
    14.1 The Client or any of its guest and invitees shall ensure that any children and minors that accompany them to the Event are well supervised at all times.
    14.2 The Client shall at all times be responsible for the safety of the children and minors that is accompanying the Client or any of its guest and invitees.                     PH shall not be held liable for any injury or death of any minor or child, irrespective of whether such injury or death is caused by the negligence,                             omission or fault of PH or any of its employees, agents, representatives, suppliers or sub contractors.
15. Risk and indemnity
    15.1 The Client and its guest and invitees enter the venues and suites at own risk.
    15.2 PH, its employees, officers, agents shall under no circumstances be held liable for any injury, death, damages or loss of property suffered by the Client                 or ant of his/her/its guest or invitees, arising from any act, negligence or omission by PH, its employees, officers, agents and the Client hereby                               irrevocably indemnifies PH against such claim, loss or damages.
16. Damages
    16.1 The Client undertakes to pay all costs of repairing, restoring or replacing any damage to any part of the suite or hospitality area caused by any act,                       default, omission or neglect of the Client, his/her/its guest and invitees within 7(seven) Days of receipt of an invoice from PH.
    16.2 If the Client disputes the loss or damages then the onus rests on the Client to prove that such damage or loss is not caused by an act, default,                             omission or neglect of the Client, his/her/its guest and invitees.
17. Force Majeure
     If PH is prevented by force majeure from complying with its obligations in terms of these Term and Conditions, then the Client shall have no claim of any           nature whatsoever against PH arising out of its consequent failure to provide hospitality services. For the purpose of this clause, a force majeure shall,               without limitation of the generality of the a foregoing, be deemed to include any act of God, strikes, lock outs, any labour/industrial actions, fire, explosions,       terrorist attacks, war (whether declared or not), civil war, coup d’état, invasion, any hostile acts of foreign enemies, riot, civil insurrection, military uprising,           insurrection, rebellion, revolution, military or usurped power, flood, earthquake, lightning, action, intervention or decree of local or nation government,                   interruption of services, such as water and electricity or any other cause beyond the reasonable control of the party affected. 
18. Jurisdiction
     The Client agree in terms of Section 45 of the Magistrate Court Act (No. 32 of 1944, as amended) (the “Act”) that PH shall have the right to institute any             legal proceedings for the recovery of any outstanding purchase price, in the Magistrate’s Court of any district or division which has jurisdiction in respect of       the Client in terms of Section 28 (1) of the said Act. PH also has the right as it may decide, to institute any legal proceedings in any competent higher court       in any matter which exceeds the jurisdiction of the Magistrate’s Court.
19. Dom cilium
     The client hereby chooses its Dom cilium citandi et executandi for all purposes at the physiocal set out the hospitality application from, unless the Client           informs PH of its change of Dom cilium address.
20. General
    20.1 This Term and Conditions together with the hospitality application form constitutes the entire agreement between the parties and no terms, conditions               representations or warranties not contained herein shall be binding upon the parties.
    20.2 No changes, variation, amendment, modification or consensual cancellation of these Terms and Conditions or the hospitality application form shall be               binding on PH, unless agreed by PH in writing.
    20.3 This Terms and Conditions and the hospitality application form shall be governed by and constructed in accordance with the law of the Republic of                    South Africa.
    20.4 No indulgence granted by PH shall constitute a waiver of any PH’s right under this Terms and Conditions, accordingly, PH shall constitute a waiver of                   any PH’s right under this Terms and Conditions, accordingly, PH shall not be precluded, as a consequence of having granted that indulgence, from                       exercising ant right against the Client which may have arisen in the past or which may arise in the future.
    20.5 Should PH institute action against the Client pursuant to a breach of the Client of this Terms and Conditions, then without prejudice to any other rights               which PH may have, PH may recover from the Client all legal costs incurred by it, including attorney and own client costs, tracing fees and such                           collection commissions as PH is obliged to pay its attorneys,
    20.6 Each term of condition contained in this Terms and Condition is severable and in the event of any one or more of the conditions being unenforceable,                 the remaining terms and conditions shall remain valid and enforceable.
    20.7 If the Client is a legal entity, the person signing these Terms and Conditions and hospitality application form on behalf of the Client personally warrants               to PH that he/she has the necessary authority to sign and bind the Client to this Terms and Conditions and hospitality application form and shall in the               absence of such authority be deemed to be personally liable.
    20.8 PH may cede and assign its right and obligation under these Terms and Conditions or in terms of the hospitality application form. The Client shall not                 be entitled to cede any of its rights or delegate any of its obligations under this Terms and Conditions or in terms of the hospitality application form, to               any third party, without the prior written consent of PH.