1. DEFINITIONS
This sales contract (“this Contract”) is between Suncorp Stadium a Stadiums Queensland venue ABN: 53 690 873 374 (“Suncorp Stadium”) and the party identified as the client in the attached Booking Form (“the Client”) and is subject to the following terms and conditions. Terms used in this Contract are as follows:
BOOKING FORM means the document entitled “Premium Hospitality - Boxes & Suites Booking Form” which is attached to and forms part of this Contract.
EVENT shall mean the provision of booking facilities, corporate boxes, and corporate suites, dining packages, passes/tickets, corporate hospitality or any other goods and services as provided by Suncorp Stadium directly or as an agent for the Event Provider.
EVENT PROVIDER shall mean the issuer of the Event package, pass and/or ticket and may from time to time be Suncorp Stadium (as applicable).
PRICE shall mean the cost for the Event, inclusive of (if any) Goods and Services Tax (GST).
BENEFITS shall mean the benefits described in the Agreement to be supplied by the Suncorp Stadium and the Event Provider.
2. OFFER AND ACCEPTANCE
(a) Suncorp Stadium shall supply and the Client shall receive the Benefits in accordance with any Agreement which is accepted by Suncorp Stadium provided that no tickets will be issued unless payment is received in accordance with these Conditions.
(b) All Agreements are accepted subject to these Terms & Conditions. These Terms & Conditions override any other terms, conditions or warranties which the Client may subsequently seek to impose.
(c) No variation or supplement to the Conditions shall be binding on Suncorp Stadium unless expressly accepted by Suncorp Stadium in writing.
(d) Suncorp Stadium reserves the right to terminate this Contract without prior notice in the event the Client fails to comply with any of these conditions in any material respect.
3. PAYMENT
(a) The Client must pay Suncorp Stadium in full the amount equal to the Price and all other amounts payable in respect of the Event in order to secure a booking within fourteen (14) days of returning the Booking Form. Suncorp Stadium will commence arrangements for booking the Event once the Booking Form has been received.
(b) Subject to items 4 and 5, if after securing a booking an Event is not available to the Client then Suncorp Stadium will provide to the Client a full refund.
(c) Suncorp Stadium does not accept any liability for unavailability of Events despite system showing availability. (E.g. this may happen if an Event Provider or supplier has made an error and has inventory showing as available when it’s actually not available).
4. TICKETING
(a) Client hospitality passes and final Event information will be dispatched approximately two (2) weeks prior to the Event.
(b) Tickets may be dispatched inside the two (2) week timeframe should Suncorp Stadium not receive the ticketing from the Event Provider.
(c) Where arrangements are made to transfer tickets to a Client this will be within the legal ticketing terms and conditions of the Event Provider.
5. CLIENT CANCELLATION
Cancellation by Client
(a) If the Client for any reason, cancels this contract more than six (6) weeks before the Event, the Client agrees that it must pay Suncorp Stadium 50% of the Price as a cancellation fee. Should the Price be paid at the time of cancellation, the Client acknowledges and agrees that Suncorp Stadium will refund half of the Price to the Client, and the other half to be retained by Suncorp Stadium as the cancellation fee.
(b) If the Client for any reason, cancels this Contract less than six (6) weeks before the Event the Client must pay to Suncorp Stadium the full Price as a cancellation fee. Should the Price be paid at the time of cancellation, the Client acknowledges and agrees that Suncorp Stadium will retain all monies as the cancellation fee.
(c) Notice of cancellation by the Client shall not take effect until it is received in writing by Suncorp Stadium. If the notice is not received on a working day then the notice will only take effect on the next working day after it is received.
Cancellation by Event Provider
(d) Should for any reason the Event be partly or wholly cancelled by the Event Provider, or should an event finish earlier than anticipated, no refunds will be made to the Client by Suncorp Stadium unless the Event Provider agrees to partly or wholly refund Suncorp Stadium. Then such refund will be wholly passed onto the Client. Suncorp Stadium recommends that the Client obtain all relevant insurances through its own broker.
(e) Should an Event booking, package, pass or ticket for any reason be destroyed or made unusable, no refund shall be made.
6. ALTERATION TO THE ADVERTISED PACKAGE
(a) Every reasonable effort will be made to adhere to the advertised Event package, however the Client acknowledges and agrees that any Event package may be altered, part omitted or dates changed at any time without notice for any cause for which Suncorp Stadium in its absolute discretion shall consider to be appropriate or which is beyond the control of Suncorp Stadium. If an Event package is altered or changed for reasons outside the control of Suncorp Stadium, the Client acknowledges and agrees that it will have no recourse against Suncorp Stadium for any loss or damages incurred.
(b) The Client acknowledges and agrees that Suncorp Stadium acts as agent for the Event Provider in securing the Event and as such Suncorp Stadium is not liable for any omissions or actions of persons not employed by Suncorp Stadium.
7. WARRANTIES
(a) In making arrangements with third parties for carriage by air, hotel accommodation, transportation, restaurants or otherwise, Suncorp Stadium acts only as the agent of the Event Provider and does so on the express condition that no liability of any kind howsoever caused shall attach to Suncorp Stadium in connection with or arising out of such arrangements.
(b) Suncorp Stadium makes no warranty or representation about the fitness or suitability of any packages, products or Events advertised on any of its website or booked by the Client.
8. CLIENTS DUTIES
(a) The Client must abide by the terms and conditions of the Event Provider along with the terms and conditions of entry to the Stadium in relation to the Event.
(b) The terms and conditions of the Event Provider and the Stadium’s Terms of Entry form part of these Terms and Conditions. The terms and conditions of the Event Provider are available from Suncorp Stadium on request.
(c) Any complaints or claims are the responsibility of the Event Provider and not Suncorp Stadium as agent for the Event Provider.
(d) Suncorp Stadium itself and on behalf of the Event Provider reserves the right to refuse entry or to allow participation in the Event to any Client or any Client’s guest on the day of the Event if the Client or guest behaves in any manner which is in the opinion of Suncorp Stadium likely to cause offence or injury to any other party.
9. LICENSING
(a) Where necessary Suncorp Stadium and the Client shall adhere to the local licensing conditions for alcohol and other regulations in relation to an Event.
10. LIABILITY AND INDEMNITY
(a) To the extent permitted by law, Suncorp Stadium, its employees and/or agents shall not be liable for any claim of damages made by the Client in connection with the Event. In the event that the Client makes a claim for damages against Suncorp Stadium, Suncorp Stadium’s liability is limited to the cost of the Price.
(b) Suncorp Stadium does not accept liability for any errors or omissions on any of its websites, event information or booking forms and reserves the right to change the information published on any of its websites at any time.
(c) Suncorp Stadium does not accept liability for any indirect or consequential loss arising out of the use of any packages, products or Events.
(d) The Client hereby indemnifies and holds Suncorp Stadium harmless from and against any and all costs, damages, and expenses, including legal fees, which are incurred by the Client, its agents, employees and guests, or for which Suncorp Stadium becomes liable as a result of the conduct of the Client, its agents, employees and guests.
(e) Notwithstanding Clause 9 (a), the Client shall be liable with regard to any loss, damage, cost, expense or injury incurred or suffered by Suncorp Stadium which relates to or arises out of the acts or omissions of the Client or the Client’s guests. Should Suncorp Stadium pay for any monies towards the costs, damages or expenses arising out of Clause 9(a) or Clause 9(b), then the Client shall indemnify Suncorp Stadium accordingly.
(f) Should the Client fail to pay any monies due and owing by the relevant times and Suncorp Stadium engages legal representatives to recover such payment, the Client acknowledges and agrees that it will be liable for all costs reasonably incurred in the recovery of payments owing.
11. MISCELLANEOUS
(a) These Terms and Conditions and any invoice provided in relation to an Event booking constitute the sole and exclusive agreement between the parties. The Client acknowledges that no other warranties, representatations, or acknowledgments, written or verbal, have been made which are not reflected herein.
(b) Should a portion of the total charge in relation to the goods or services be subject to any tax regulations including a goods and service tax, this will be added to the final invoice.
(c) Both parties submit to the sole jurisdiction of the Queensland Courts in the event that any disagreement should arise out of these Terms and Conditions.
(d) These Terms and Conditions shall be binding between Suncorp Stadium and the Client upon acceptance by the Client to these Terms and Conditions. Such acceptance can be made in writing, verbally or upon the Client paying any monies towards the Price.
(e) The person who signs for the Client represents that he or she has authority to make this contract on behalf of the Client. If it is found that by reason of the persons lack of authority, the Client is not liable under this Contract, then such persons shall be deemed to have made this Contract with Suncorp Stadium on his/her own behalf
(f) No food or beverage may be brought in to the Stadium by the Client or their Guests.
12. CONDITION OF SALE
(a) It is a condition of sale that an Event booking and any associated benefits may not be resold at a premium nor used for advertising, promotion or other commercial purposes (including competitions or trade promotions) or to enhance the demand for other goods or services without the prior written consent of Suncorp Stadium.
13. PRIVACY STATEMENT
(a) We generally collect your personal information for the purposes of processing and administering your Hospitality bookings including processing ticket requests. Unless you advise us otherwise we will also provide you with offers and information related to Hospitality which we believe will be of particular relevance and interest to you. We may also provide your information to sponsors and/or companies associated with the Stadium for the purpose of providing you with offers and information.