Booking Terms and Conditions
Rugby Hospitality LP trading as All Blacks Hospitality ('All Blacks Hospitality') provides certain hospitality related services specific to the All Blacks.
The following terms and conditions (the 'Terms and Conditions') govern all requests and purchases of Hospitality Packages by the Customer from All Blacks Hospitality. Accordingly, in requesting or purchasing a Hospitality Package, the Customer (including the Agent, to the extent that the Agent makes a Booking on behalf of a Customer) acknowledges that they have read and accepted these Terms and Conditions and agree to be legally bound by them. These Terms and Conditions shall take effect notwithstanding any inconsistency with any other term or condition that relates to any Hospitality Package. Please direct any queries regarding these Terms and Conditions to All Blacks Hospitality, before any request for a Hospitality Package is made.
- In these Terms and Conditions, the words and expressions set out below shall, unless the context otherwise requires, have the following meanings:
'Agent' means an agent appointed to make a Booking on behalf of a Customer;
'All Blacks' means the New Zealand senior national representative men's 15-a-side rugby union team under the control of NZR, currently known as the All Blacks;
'All Blacks Hospitality' means Rugby Hospitality LP trading as All Blacks Hospitality;
'All Blacks Matches' means matches played by the All Blacks during 2017, 2018 and 2019 to which the Hospitality Package relates and 'All Blacks Match' means any one of them;
'All Blacks Match Organisers' means any contracted party who holds rights to the All Blacks Match(es) to which the Hospitality Package relates or who is responsible for the organisation, supervision and/or provision of certain activities, goods and services at the All Blacks Match(es) to which the Hospitality Package relates;
'All Blacks Match Organisers Ticket Terms and Conditions' means the NZRU's ticket terms and conditions as published on its website and updated from time to time;
'Booking' means the reservation of a Hospitality Package in accordance with these Terms and Conditions;
'Booking Acknowledgment' means the written confirmation sent by All Blacks Hospitality to the Customer in accordance with clause 2 of these Terms and Conditions;
'Claim' means all actions, proceedings, suits, claims and demands of any nature whatsoever;
- any person that requests or purchases a Hospitality Package from All Blacks Hospitality (and to the extent that an Agent makes a Booking on behalf of a Customer, that Agent) on the Website; and
- any end user of Hospitality Package(s), including (without limitation) Guests;
'Force Majeure Event ' means any event or circumstances beyond the reasonable control of a party (including, without limitation, industrial or civil disputes, war, governmental action, riot, fire, flood, drought or an act of God, terrorism (including the threat of terrorism) and epidemics);
'Guests' means any person on whose behalf the Customer (including Agents) purchases Hospitality Package(s);
'GST' means goods and services tax, as that term is defined in the Goods and Services Tax Act 1985 (NZ);
'Hospitality Area' means the areas under which each Hospitality Package is provided, including (without limitation):
- In respect of those Hospitality Packages where the hospitality element of the Hospitality Package is located within the Venue, that area containing a defined number of seats; and
- In respect of those Hospitality Packages where the hospitality element of the Hospitality Package is located outside of the Venue (e.g. in temporary marquees or structures or existing facilities), those areas to which access is limited and controlled for the benefit of Hospitality Package Customers;
'Hospitality Fee' means the fee recorded on the Booking Acknowledgment (as relevant) for the Hospitality Package(s) (and in the case of one of multiple Hospitality Packages, the fee related to that Hospitality Package);
'Hospitality Package' means in relation to All Black Matches, the services to be provided and / or sold to the Customer by All Blacks Hospitality and / or third parties, as confirmed in a Booking Acknowledgment. Such services may include, but are not limited to, Tickets, access and use of the Hospitality Area (if any), catering, hospitality and travel;
'Loss' means all damage, loss, liability, cost and expense (including legal expenses between solicitor and client) of any nature whatsoever;
'NZRU' means the New Zealand Rugby Union;
'Operator' means, as relevant:
- The owner and/or operator of the Venue and their personnel;
- The owner and / or operator of a Hospitality Area;
- Police officers or other law enforcement authorities or security officials at the Venue;
'Tickets' means tickets to the All Blacks Match(es) in relation to any Hospitality Package(s);
'Venue' means the ground or stadium where the All Blacks Match is scheduled to be played;
'Venue Regulations' means the regulations or conditions of entry for the relevant Venue as published by the Venue and / or displayed at the Venue;
'Website' means (as applicable):
'Working Day' means a day (other than a Saturday, Sunday or public holiday) on which registered banks are open for normal banking business in Auckland, New Zealand.
- When a Customer makes a booking request on the Website, that Customer (which for the avoidance of doubt includes the Agent (as applicable)) warrants that they have the full power and authority to accept these Terms and Conditions on behalf of each person comprising the Customer (including Guests) and that the Terms and Conditions create valid and binding obligations on each person comprising the Customer (including Guests).
- Following a booking request being made by the Customer on the Website, confirmation of the Hospitality Package and the Hospitality Fee for the Hospitality Package will be issued by All Blacks Hospitality ('Booking Acknowledgement'). It is the Customer's responsibility to check the Hospitality Package and Hospitality Fees detailed in the Booking Acknowledgement. Payment is required at the time a Booking Acknowledgment is issued by All Blacks Hospitality in accordance with the procedure set out on the Booking Acknowledgment and Website, unless All Blacks Hospitality agrees in writing that the Customer can make payment of the Hospitality Fee in accordance with clause 2.3.
- The Customer can request that All Blacks Hospitality issue the Customer with an invoice for payment of the Hospitality Fee. For the avoidance of doubt, All Blacks Hospitality has absolute discretion as to whether it consents to a request in accordance with this clause 2.3. Unless otherwise agreed in writing by All Blacks Hospitality, any invoice issued by All Blacks Hospitality pursuant to this clause 2.3 must be paid in full by the Customer within seven (7) days of issue of the relevant invoice by All Blacks Hospitality. If payment is not made within this timeframe, All Blacks Hospitality reserves the right to cancel the Customer's booking in accordance with clause 5.6.
- It is always possible that, despite All Blacks Hospitality's best efforts, the Booking Acknowledgment may be incorrect. If All Blacks Hospitality discover an error in any Booking Acknowledgment, All Blacks Hospitality will inform the Customer in writing of this error and will give the Customer the option of:
- Paying any additional Hospitality Fee to the extent that it was incorrectly detailed in the Booking Acknowledgment; or
- Cancelling the relevant Booking and receiving a full refund.
- The Customer on making a booking request in accordance with clause 2.2 agrees and acknowledges that the Customer (including Guests) shall be bound by, and shall comply with, the Terms and Conditions together with any other terms relating to the Hospitality Package and any other requirements and/or conditions that may be otherwise required by All Blacks Hospitality. In the event that the Customer is in the form of an Agent to the extent that the Agent makes a Booking, the Agent warrants that they have the full power and authority to bind each person comprising the Customer (including Guests) to these Terms and Conditions and any other term relating to the Hospitality Package and that the Agent has made the Customer (including Guests) fully aware of these Terms and Conditions and they have acknowledged and accepted the same.
- All Blacks Hospitality reserves the right to cancel a Booking or to use all reasonable efforts to provide the Customer with (in All Blacks Hospitality's reasonable opinion) a fair and reasonable alternative hospitality package if All Blacks Hospitality considers, at its absolute discretion, that there have been insufficient sales of Hospitality Packages for an All Blacks Match. Where possible All Blacks Hospitality shall advise the Customer as soon as possible of such cancellation and shall refund in full all payments made by the Customer for each Hospitality Package so cancelled (except in circumstances where All Blacks Hospitality is acting purely as a sales agent).
- The Customer acknowledges that All Blacks Hospitality will not allocate any Tickets forming part of any Hospitality Package to the Customer (including Guests), until payment of the relevant Hospitality Fee is made in full by the Customer to All Blacks Hospitality.
- All Blacks Hospitality does not make any warranty or representation in relation to the standard of any goods or services that are provided by third parties (including but not limited to All Blacks Match Organisers) that form part of the Hospitality Package, or the fitness for purpose, suitability, presentation, or availability of services or amenities in relation to any goods or services provided by third parties as part of the Hospitality Package.
- In requesting and purchasing a Hospitality Package the Customer:
- Warrants that all details provided to All Blacks Hospitality on behalf of the Customer (including Guests) are complete and accurate;
- Warrants and represents that the person confirming the Booking has the power and authority to bind the Customer (including Guests);
- Appoints All Blacks Hospitality as its duly appointed agent for the purposes of dealing with all All Blacks Match Organisers and Operators for the purpose of procuring the goods and services that form part of the Hospitality Package.
- Acknowledges that All Blacks Hospitality has brought to the attention of the Customer these Terms and Conditions;
- Formally accepts and agrees to be bound by (and to comply with) these Terms and Conditions and any other laws, rules, regulations and/or conditions relating to the provision of the Hospitality Package;
- Accepts responsibility for making due payment of all monies payable in respect of each Booking.
- Each Hospitality Package is non-transferable unless All Blacks Hospitality agrees otherwise and confirm the same in writing. Customers shall not re-sell, or advertise for sale, any Hospitality Package, or any part of it, to another person, company or organisation. If a Customer breaches this obligation, then the All Blacks Match Organisers may cancel any Tickets relating to the Hospitality Package and All Blacks Hospitality reserve the right to cancel the relevant Booking (without liability to the Customer) and to retain all monies paid to All Blacks Hospitality in relation to the relevant Booking.
ALL BLACKS MATCHES / TICKETS
- The Customer acknowledges that use of the Tickets shall be subject to the All Blacks Match Organisers Ticket Terms and Conditions, NZRU's ticketing partner's terms and conditions, and the Venue Regulations, in addition to the terms and conditions contained herein. All claims relating to Tickets, or an All Blacks Match itself are the sole responsibility of the All Blacks Match Organiser and / or Venue (as the case may be), and to the full extent permitted by law All Blacks Hospitality disclaims all such liability to its Customers (including Guests).
- All Blacks Hospitality finalises all arrangements for Hospitality Packages on the express condition that it shall not be liable to guests for any injury, loss, accident, delay or irregularity which may be occasioned by reason of any defect through the acts or default of any company or person (including but not limited to All Blacks Match Organisers) engaged in carrying out the arrangements at the All Blacks Matches or otherwise in connection herewith.
- The right of admission is reserved and is subject to the All Blacks Match Organiser Ticket Terms and Conditions and Venue Regulations, copies of which shall be made available on request.
- Entry may be refused if Tickets are damaged or defaced in any way or are not purchased directly from All Blacks Hospitality or its authorised points of sale.
- All Blacks Hospitality does not warrant or represent that any advertised All Blacks Match will be held.
- All Blacks Hospitality, All Blacks Match Organisers and Operators (or its authorised representatives) have the right to remove any person who in its reasonable opinion is not observing the obligations set out herein.
- The Customer shall not use a Hospitality Package for marketing or promotional purposes. This includes, but is not limited to, being used as a part of an incentive, prize or lottery without the prior written approval of All Blacks Hospitality.
- The Customer acknowledges that where a Ticket forming part of a Hospitality Package includes a 'covered' seat, the seat allocated to the relevant Ticket has been categorised by the Venue owner as a seat that is located behind the 'dripline' of the roof of the Venue. All Blacks Hospitality does not guarantee that all Tickets categorised as 'covered' seats will remain dry at all times. The Customer and the Customer acknowledge that the dryness of a 'covered' seat may be subject to weather conditions prevailing at the time of the relevant All Blacks Match and accepts all risk associated with such weather conditions.
- The Hospitality Fee is exclusive of GST unless otherwise stated.
- All Blacks Hospitality reserves the right to alter the prices of Hospitality Package(s) shown on the Website.
- Payment of the Hospitality Fee and all other sums payable under these Terms and Conditions will be in New Zealand Dollars.
- The Customer must pay the Hospitality Fee as and when specified by All Blacks Hospitality pursuant to the Booking Acknowledgment or as otherwise directed by All Blacks Hospitality.
- The Customer acknowledges that:
- Not all payment cards will be accepted by All Blacks Hospitality; and
- Payments made by payment cards may be subject to a handling fee.
- Without prejudice to any other rights under these Terms and Conditions, All Blacks Hospitality shall be entitled in the case of overdue payments from the Customer to charge interest on such overdue payments at the rate of 14% per annum, from the due date until the date of payment.
- All Blacks Hospitality reserves the right to cancel a Booking should payment of any invoice rendered by All Blacks Hospitality to the Customer in accordance with clause 2.3 not be received before the payment due date. If a Customer's Booking is cancelled in accordance with this clause then no part of the Hospitality Package will be provided notwithstanding that any part of the relevant invoice or invoices may have been paid. In the event that the Customer has paid some but not all of the All Blacks Hospitality invoices rendered in relation to a Hospitality Package ordered by the Customer, then the amount paid will be forfeited by the Customer and Customer as a cancellation fee.
- All Blacks Hospitality reserves the right to pass on to the Customer any cost increases that are incurred in relation to the relevant Booking. In the event that a cost increase is passed on to the Customer, and provided that the relevant GST invoice has yet to be issued to the Customer, the Customer will have the right to cancel its reservation by immediately providing All Blacks Hospitality notice of the same.
- In addition to the Customers other obligations set out in these Terms and Conditions, the Customer agrees to:
- Pay all monies due and owing as specified by All Blacks Hospitality in accordance with clause 5 of these Terms and Conditions;
- Pay to All Blacks Hospitality any costs or expenses incurred by All Blacks Hospitality in recovering sums owed hereunder and any damages for non-performance hereof including legal costs on a full indemnity basis;
- Be responsible for the reasonable dress standard, good behaviour, and full compliance with all provisions under these Terms and Conditions;
- Exercise host responsibility in respect of the amount of alcohol consumed, age of invitees and the dangers of drinking and driving;
- Not use (or attempt to do so) the Hospitality Package, Hospitality Area or the Venue except as expressly permitted under these Terms and Conditions;
- Not bring any food or alcoholic beverages to any Hospitality Area and / or Venue and further agree that alcoholic beverages may only be consumed as directed by All Blacks Hospitality or the principals, officers or administration personnel of any Hospitality Area and / or Venue;
- Comply with any smoking restrictions that are from time to time imposed by Venue Regulations;
- Will immediately pay to All Blacks Hospitality all Loss resulting from any Claim against All Blacks Hospitality in making good any damage to the Hospitality Area or the Venue caused by the Customer (including Guests);
- Comply with the terms and conditions of the All Blacks Match Organiser and Operator of the Hospitality Areas, and any instruction given by them;
- Comply with all laws, rules and Venue Regulations and all local and statutory authorities;
- Comply with all health and safety procedures and regulations specific to the Venue and Hospitality Areas (as applicable).
NO SPONSORSHIP RIGHTS OR ASSOCIATION WITH THE ALL BLACKS
- The Customer (including Guests) expressly acknowledges and agrees that the purchase of any Hospitality Package under these Terms and Conditions does not grant the Customer any marketing or promotional rights with respect to (without limitation), the All Blacks, All Blacks Matches, NZRU and the International Rugby Board ('IRB').
- The Customer (including Guests) must not, unless entitled to, use any trade mark, logo or intellectual property belonging or associated with (without limitation) the All Blacks, All Blacks Matches, IRB and NZRU, and / or hold itself out as a sponsor of, or otherwise associated itself or its name in any manner whatsoever with (without limitation) the All Blacks, All Blacks Matches, IRB and NZRU.
- The Customer (including Guests) has no right to promote itself, its trade or any other business in the Venue or the Hospitality Area.
SUBSTITUTION OR AMENDMENT OF HOSPITALITY PACKAGE(S)
- All Blacks Hospitality reserves the right to substitute or amend the Hospitality Package(s) (including without limitation any seats, areas or services initially allocated to the Customer) if such amendment is required:
- In order to comply with local applicable laws; or
- Due to security constraints or other reasons in connection with staging the All Blacks Match(es); or
- As a result of space re-allocation at a Venue for whatever reason; or
- Due to the unavailability of any food or drink,
In which case, All Blacks Hospitality shall use all reasonable efforts to provide the Customer with (in All Blacks Hospitality's opinion) an equivalent hospitality package to the Hospitality Package purchased by the relevant Customer.
- After All Blacks Hospitality has provided the Customer with a Booking Confirmation, the Customer may from time to time request that All Blacks Hospitality add items to the Hospitality Package(s). Where All Blacks Hospitality accepts such a request, it may charge a fee for the additional items ('Special Request Fee'). The Special Request Fee must be paid by the Customer within 7 days of All Blacks Hospitality issuing a corresponding tax invoice. All Blacks Hospitality may only provide the extra items following full payment of the Special Request Fee.
- Without limiting All Blacks Hospitality's right to claim payment hereunder for any loss or damage arising as a result of any cancellation hereof, if the Customer cancels part or all of a Hospitality Package the Customer shall forfeit any and all monies that have been paid to All Blacks Hospitality at the time of cancellation (as applicable). Notice of cancellation by the Customer shall not take effect until it is received in writing by All Blacks Hospitality. If notice is not received on a Working Day, then the notice will only take effect on the next Working Day thereafter.
- In the event that part or all of a Hospitality Package cannot be used due to the Customer's illness, incapacity or personal choice, no refund or compensation will be provided.
- All Blacks Hospitality may cancel all or part of a Hospitality Package and refund any part of the Hospitality Fee paid by the Customer (as applicable and less any reasonable expenses incurred by All Blacks Hospitality) in the event that:
- The relevant All Blacks Match is cancelled; or
- All Blacks Hospitality is not able to provide the Customer with certain hospitality services forming part of the Hospitality Package(s).
- Without limiting any other provision hereof, All Blacks Hospitality has no liability or obligation to refund the Ticket component of the Hospitality Package(s). The Customer's claim is to rest with the All Blacks Match Organiser pursuant to the All Blacks Match Organiser's Ticket Terms and Conditions.
- If the Customer is in the business of or holds itself out as acquiring goods/services from All Blacks Hospitality for the purposes of a business, the Customer as a buyer acknowledges that it is not entitled to claim any of the remedies provided under the Consumer Guarantees Act 1993 from All Blacks Hospitality and that the provisions of that Act do not apply to the Customer.
- Tickets will be void if on sold, traded, scalped or used as a competition prize or for promotional purposes without written authority from All Blacks Hospitality.
Either party may cancel a Booking with immediate effect if:
- A party is in material breach of any provision of these Terms and Conditions and that breach is unable to be remedied;
- Where a material breach has occurred that is capable of remedy but is not remedied within 10 (10) days of notice; or
- Any party becomes subject to insolvency or any official is appointed in respect of that party's assets.
- In the event that any All Blacks Match is declared a 'major event' pursuant to the Major Event Management Act 2007 (the 'Act), then these Terms and Conditions shall be read subject to the provisions of the Act in relation to the relevant All Blacks Match.
ENJOYMENT OF OTHERS
- All Blacks Hospitality, the All Blacks Match Organisers and the Operators retain the right to require any person to leave the Venue, any Hospitality Area or any All Blacks Match if that person:
- Engages in conduct which unreasonably interferes with other persons enjoyment;
- Interferes with either All Blacks Hospitality, the All Blacks Match Organiser or the Operators' ability to provide hospitality and/or conduct the All Blacks Match;
- Breaches any laws, by-laws, orders, rules, Venue Regulations or the All Blacks Match Organisers Ticket Terms and Conditions; or
- Is not observing their obligations hereunder.
- If a person fails to leave the Venue after being requested to do so then that Customer's right to access the Venue shall be automatically revoked.
- The Customer indemnifies All Blacks Hospitality and its employees, directors and representatives (the 'Indemnified Persons') and hold the Indemnified Persons harmless from and against all Claims brought or made by or against the Indemnified Persons, and from and against all Loss incurred, suffered or sustained by the Indemnified Persons resulting from:
- A breach (or attempted breach) of these Terms and Conditions;
- Any negligent act or omission by the Customer (including any Guest) under, or in connection with, these Terms and Conditions;
- Any exercise (or attempted exercise) by All Blacks Hospitality of any of its rights under, or in connection with, these Terms and Conditions; and
- A breach by the Customer of the covenants and warranties contained in these Terms and Conditions.
- To the fullest extent permitted by law:
- Other than already expressed in these Terms and Conditions, All Blacks Hospitality excludes all warranties, terms, conditions or undertakings of any nature and in any form (whether express or implied, written, oral, statutory or otherwise) in relation to the Hospitality Package(s);
- All Blacks Hospitality will not be liable for: (i) any Loss, injury or damage to property or persons whatsoever including illness, death, injury suffered by the Customer (including Guests) or any third party arising from use by the Customer (including Guests) of the Hospitality Packages; or (ii) any special, indirect or consequential Loss of profit arising under or in connection with, these Terms and Conditions; and
- All Blacks Hospitality's maximum liability to the Customer (including Guests) under, or in connection with, these Terms and Conditions shall be limited to the amount actually paid by the Customer to All Blacks Hospitality for the Hospitality Package(s).
- All Blacks Hospitality is committed to protecting the privacy of the Customers in accordance with the Privacy Act 1993.
- In order to purchase any Hospitality Package from All Blacks Hospitality, the Customer is required to provide certain personal information that is necessary to provide the Hospitality Package requested. the Customer authorises All Blacks Hospitality to collect, retain and use personal and other information about the Customer ('Information'). The Customer agrees that All Blacks Hospitality may disclose this information to All Blacks Match Organisers and Operators (who may be third parties) for the purpose requested. The information requested will typically include name, address, telephone number, and email address of all relevant parties. To pay for the services the Customer will also need to provide its credit card details. All Blacks Hospitality does not retain Customers' credit card details for security reasons so they will need to be provided each time a Hospitality Package is purchased from All Blacks Hospitality.
- In accordance with the Privacy Act 1993 the Customer irrevocably acknowledges:
- That the Information shall be deemed to be held by All Blacks Hospitality for the purposes described in clause 13.2 above;
- That where the Information can be readily retrieved, the Customer shall have access to it, the right to request correction of any personal information relating to it held by All Blacks Hospitality and the right to be notified of action taken in response to any such request, subject to payment of any reasonable charge (where such charge can be legally levied).
- All Blacks Hospitality will take all reasonable steps to keep Customer information secure and requests that Customers keep their personal information as current as possible so that All Blacks Hospitality may continue to improve its service to them.
- No party shall be liable to any other party for its inability to perform any obligations under these Terms and Conditions caused by Force Majeure Event.
- If a Force Majeure Event occurs, then the party affected shall immediately notify the other parties and take all reasonable steps to reduce its effect.
- All Blacks Hospitality is not liable for failure to deliver or provide any Hospitality Package(s) or for any delay in delivery or in providing any such Hospitality Package(s) where such failure or delay is caused by a Force Majeure Event.
- These Terms and Conditions shall be governed by and interpreted in accordance with the laws of New Zealand.
- These Terms and Conditions may be amended whether in whole or in part by All Blacks Hospitality. These amendments will be effective immediately after acceptance in writing between All Blacks Hospitality and the Customer.
- These Terms and Conditions constitute the entire agreement between the parties regarding the matters set out in it and supersedes any prior representations, understandings or arrangements made between the parties whether orally or in writing or otherwise.
- If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal, if this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms and Conditions without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.