Terms and Conditions - On-Water Viewing with Black Cat Cruises
- These Conditions are issued by Black Cat Group 2007 Ltd (trading as Black Cat Cruises) and govern admission and entry to, and use of, chosen vessel for Attendees.
- Entry aboard a Black Cat Cruises vessel requires a valid Ticket which must be retained and implies acceptance of the Conditions which have been established for the safety and enjoyment of all Attendees. Any and all Tickets are issued by or on behalf of Black Cat Cruises. Each Ticket is and shall remain at all times the property of Black Cat Cruises. In the event of a breach of any of these Conditions, the Ticket shall, upon the request of Black Cat Cruises and/or an event provider (SailGP), be returned immediately to Black Cat Cruises and/or a provider.
- Black Cat Cruises may amend these Conditions from time to time. Please check the latest version of the Conditions posted at blackcat.co.nz/sailgp to ensure you understand the Conditions that apply to all Attendees. In the event of a conflict between any terms and conditions posted by Black Cat Cruises online and these terms and conditions, the terms and conditions posted online shall apply.
- For the avoidance of doubt, these Conditions apply to post event hospitality, transport, admission, and entry to, and use of any hospitality on the vessel. Application of Conditions to Attendees
- By his/her attendance at an Event (whether by any use or attempted use of a Ticket, or by any access or attempted access to any Ticketed Areas or areas that are not Ticketed Areas), an Attendee shall be deemed to have been made aware of these Conditions, and to have accepted and agreed to comply with and be bound by, these Conditions.
- In addition, any Ticket Purchaser shall be deemed to have made any subsequent Ticket Holder expressly aware of these Conditions and is responsible for ensuring any subsequent Ticket Holder complies fully with these Conditions.
- In allowing the Attendee entry to the Vessel, Black Cat Cruises relies on the Attendee’s acceptance of, agreement to and strict compliance with these Conditions. The Attendee’s attendance at any Venues shall also be subject to any terms and conditions, warnings, rules or instructions displayed at those Venues or set out on the Black Cat Cruises website blackcat.co.nz/sailgp
ATTENDANCE AT ANY AND ALL EVENTS BY ANY AND ALL ATTENDEES IS STRICTLY SUBJECT TO THESE CONDITIONS.
Application of Conditions to Ticket Purchasers
- Black Cat Cruises, may elect at its discretion to change the scope, schedule, running order and/or format of any aspect of the Event at any time.
- The Ticket Purchaser and Ticket Holders shall be responsible for all taxes associated with the purchase and use of the Tickets as required by Applicable Laws, including any Tickets which are received as part of a commercial arrangement and/or at a discount to the face value of the Tickets.
Cancellations and Refunds
- Black Cat Cruises reserves the right to follow the event format set out by SailGP who at any time may make changes to the times, dates and places of the Series or any Event due to unforeseen circumstances, including (without limitation) an Event of Force Majeure, safety and security concerns and/or decisions from any other competent authority including (without limitation) any race management, stewards or other officials involved with an Event. SailGP will make reasonable attempts to adhere to any programme for the Event but is unable to guarantee that such programme can be maintained as per the programme for the Event.
- The running schedule for the viewing experience shall be operated by Black Cat Cruises. The running of the event racing shall be operated by SailGP to deliver an Event on each Attendance Day as it determines appropriate. Black Cat Cruises have no control over SailGP’s schedule, operations or decisions.
- Notwithstanding the foregoing, both Black Cat Cruises and SailGP reserve the right to cancel the whole, or a part of the Series or an Event as a result of an Event of Force Majeure. In the event of such a cancellation, the Refund Policy set out at blackcat.co.nz/sailgp shall apply. Black Cat Cruises will inform the Ticket Holders of any determination under the Refund Policy where possible including by way of display both at the Event and at www.blackcat.co.nz/sailp.
- Save as set out in these Conditions or as required by Applicable Law, the sale or other issuance of any Ticket is final and non-refundable. Black Cat Cruises reserves the right to not replace or accept any Ticket that has been lost, stolen, forgotten, damaged or forged, or any Ticket which is unreadable or incomplete.
- Whilst every reasonable effort will be made to ensure the Event are delivered in accordance with the details as set out on the Black Cat Cruises and SailGP website, both Black Cat Cruises and SailGP reserves the right to make any changes to the viewing experience or Event.
- The Attendees, and any Ticket Purchaser, acknowledge and accept the nature of the Events means the format, timing and potential continuation of the Event are all potentially subject to change, variation, postponement, abandonment and cancellation. On this basis, Black Cat Cruises relies on the expertise and experience of the race directors and Ticket Committee to determine what steps shall be taken in connection with the Event and the Tickets to reflect the specific circumstances of any such change, variation, postponement, abandonment and/or cancellation.
- It is the Attendee’s responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Black Cat Cruises will endeavour to announce that an Event is cancelled or re-scheduled by way of its website, social media and, where possible, on displays at the Venue but Black Cat Cruises does not guarantee the Ticket Purchaser will be informed of such cancellation before the date of the Event. In this sense, we would advise each Ticket Holder and Non Ticket Holder to regularly review Black Cat Cruises website and social media channels to keep up to date with the scheduling and operation of Events.
- In connection with any cancellation or abandonment of an Event:
(a) Black Cat Cruises decision on the refund policy for each Ticket will be final;
(b) only the original Ticket Purchasers are eligible for refunds and based solely on the actual price paid for each Ticket;
Restrictions on Transfers of Tickets
- Tickets are strictly non-transferable except as set out in these Conditions. A Ticket Purchaser may purchase Tickets only for his/her/its own personal use and that of his/her/its Guest(s). Any such transfer by the Ticket Purchaser of a Ticket to a Guest (at which point such Guest shall, thenceforth, become a Ticket Holder) must be made strictly subject to these Conditions (and the Guest’s acceptance thereof in its capacity as a Guest and Ticket Holder).
- The benefit conferred by a Ticket is personal to the Ticket Purchaser or Guest and is not otherwise assignable or transferable, except as expressly permitted by these Conditions. The Ticket Holder (whether a Ticket Purchaser or Guest) confirms he/she is prepared to provide identification on request of Black Cat Cruises at any time.
- If requested by or on behalf of Black Cat Cruises and/or SailGP and/or any Authorized Person, the Ticket Purchaser must provide details (including the names) of his/her/its Guest(s) and Black Cat Cruises and/or any Authorized Person may require proof of the identity of the Ticket Holder as a pre-condition to the exercise by the Ticket Holder of any rights accorded by the Ticket.
- The Tickets are strictly non-transferable and must not be sold, transferred, offered for sale or advertised for sale or transfer whether on the internet or via other media. Any Tickets which are transferred except as set out in these Conditions will be void.
- The Tickets cannot be transferred for a value above the face value of the Ticket, nor can the Tickets be transferred for any commercial purpose including as part of a promotional or marketing activity and/or as a prize as part of a competition or similar type of prize draw.
Conditions of Entry & Requirements
- Attendees must be of a minimum age of 18 which is determined by Black Cat Cruises for each Event and, where applicable, each Ticket category, and is also based on Applicable Laws with Black Cat Cruises maintaining a continuing right to request valid proof of age from each Attendee.
- Admission to hospitality, transport and vessel will only be authorized upon presentation of a valid Ticket for the date of attempted admission, in whole form and not defaced or damaged in any way. One (1) Ticket will be required for each person, and, upon request, the Ticket Holder shall provide proof of identity with valid photograph and signature.
- Terms and conditions of entry may be displayed at Venues. In the event of any conflict between these terms and conditions and any terms and conditions displayed at a Venue, the terms and conditions displayed at the Venue shall apply. Black Cat Cruises and/or any Authorized Person may refuse admission to, or eject from, any and all areas of the Venue at any time without refund any Attendee who, in the reasonable opinion of Black Cat Cruises and/or any Authorized Person (as applicable): (a) is in breach of any of these Conditions; (b) may be a source of danger, nuisance or annoyance or who may otherwise give rise to concerns in relation to the safety and security arrangements; (c) fails to comply with any Applicable Laws and /or with the instructions from any Authorized Person, police, steward or other security officer; (d) who is noticeably under the influence of alcohol, narcotics or any behaviour-modifying substance; (e) damages or tampers with any property of any third party; (f) attempts to or does smoke in any areas of the Venue which is designated as non-smoking; and/or (g) is in possession of any of the following prohibited items: (i) any article that is offensive, dangerous, hazardous and/or illegal; (ii) alcoholic beverages or narcotics (other than those prescribed by a registered medical practitioner) when entering the Venue; (iii) animals; (iv) banners, placards, leaflets, signs or other materials, items, objects or clothing displaying political, religious, offensive or race-related messages, slogans or images or promotional or commercial identification or messages in breach of these Conditions; (v) any camera or other type of photographic or recording device (of any nature whatsoever and whether capable of capturing still or moving pictures) other than for recreational and personal non-commercial use; (vi) is in possession of any Prohibited Item; and (vii) who does not comply with the Conditions of Entry. Any of the above items can be confiscated by Black Cat Cruises as part of a security check or otherwise and Black Cat Cruises is not responsible for such confiscated items.
- The Attendee shall not engage nor assist others in any form of Ambush Marketing and shall not conduct any activity that conflicts with, impairs, infringes or denigrates the rights of Black Cat Cruises, Sail GP, or of any Commercial Partner.
- The Attendee shall not whilst in or around the Vessel: (a) conduct any form of betting or gambling whatsoever; (b) conduct any promotions, advertising, competition, branding, marketing or other commercial activity; (c) offer any good(s) or service(s) for sale, including (without limitation) newspapers, periodicals, drinks, food, souvenirs, clothes or other merchandise; or (d) distribute or give away or attempt to distribute or give away any free items or any political, religious, charitable, commercial, advertising or promotional materials.
- The Attendee may be searched (including a reasonable search of the Attendee’s bags, clothes and other possessions) by or on behalf of Black Cat Cruises and/or any Authorized Person prior to entry into or at any time within the Vessel. Should the Attendee refuse to be searched in accordance with this Condition, the Attendee may be refused admission to and/or ejected from the event without refund or compensation. Prohibited items may be removed, confiscated and/or destroyed at the discretion of Black Cat Cruises and/or any Authorized Person and without obligation to return such items to the Attendee or to compensate the Attendee in respect thereof.
- The Attendee acknowledges that he/she is individually responsible for his/her own property brought to the event.
- The Attendee acknowledges that they must remain in any designated viewing areas whilst watching the Event and are not permitted in any other restricted areas of the event, at any time.
- Ticket Holders acknowledge and accept that certain Tickets will require the Ticket Holder to attend and be available to travel to the designated transport area by a certain time. If the Ticket Holder is not available at any such designated time or location as notified to it by Black Cat Cruises and/or any Authorized Persons from time to time, then the Ticket Holder may not be able to access and view the Event and without liability (including the right of the Ticket Holder to claim any compensation) from Black Cat Cruises.
- Black Cat Cruises reserves the right to provide an on water experience even if SailGP cancel some or all racing on any particular day.
- In the interests of public safety, Black Cat Cruises reserves the right to request Attendees to leave the Venue at any time for safety or immediately after the Event. There will be no admission or re-admission after the end of the Event.
- While at the Venue, Attendees should follow all reasonable instructions of all security personnel and always keep to the designated paths and access all viewing areas with caution using steps/paths as appropriate.
- Local law enforcement may have pre-installed CCTV equipment in use and this will be defined under the local jurisdiction laws.
Media & Recordings
- Attendees shall not make, create, store, record or transmit any kind of sound recording, visual footage, image and/or description of the racing (as well as any result and/or statistics of the race) (the “Recording”) other than for personal, private use or use on social media channels for personal and non-commercial, non-journalistc and/or non-news reporting purposes and in each case not more than 30 seconds continuous footage of any one race. Save as listed above, it is strictly forbidden to disseminate over the internet, radio, television or any other current and/or future media, any sound, image, description, or result and/or statistics of the racing in whole or in part, or assist any other person(s) conducting such activities including without limitation for commercial, news reporting or journalistic use. Each Attendee must not: (a) sell, assign, transfer or license the copyright in photographs and/or video taken at the Venues; or (b) publish, disseminate or reproduce such photographs for any commercial, news reporting or journalistic purpose.
- On Black Cat Cruises or SailGP’s request, Attendees shall assign to Black Cat Cruises or SailGP the copyright and all other intellectual property rights in any Recording and all Attendees consent to use of the Recording by Black Cat Cruises or SailGP (and any third parties authorised by either) on or in connection with any publication, exhibition or broadcast, promotional literature, campaign or material in any media worldwide. Attendees waive any personality, privacy and moral rights or similar in any Recording.
Waiver & Indemnity
- EACH ATTENDEE ADMITTED TO THE VESSEL ACKNOWLEDGES THAT HIS/HER PRESENCE AND/OR MOVEMENT IN AND AROUND THE VESSEL IS AT HIS/HER OWN RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BLACK CAT CRUISES, GROUP COMPANIES NOR THE HOST AUTHORITIES NOR ANY COMMERCIAL PARTNERS NOR ANY AUTHORIZED PERSONS ARE LIABLE FOR ANY LOSS, DAMAGE AND/OR HARM, INCLUDING (WITHOUT LIMITATION) BODILY OR MENTAL HARM, PERSONAL PROPERTY DAMAGE OR LOSS, LOSS OF PROFIT, BUSINESS OR OPPORTUNITY, INDIRECT OR CONSEQUENTIAL LOSS, SPECIAL DAMAGES OR ANY OTHER LOSS AND/OR HARM HOWSOEVER ARISING FROM THE EVENT AND/OR HIS/HER ATTENDANCE AT THE VENUE AND, WITHOUT LIMITATION TO THE FOREGOING, EACH ATTENDEE AGREES THAT NO CLAIM, COMPLAINT OR PROCEEDING WILL BE BROUGHT IN RELATION TO THE FOREGOING. THIS CONDITION 39 APPLIES TO ALL RISKS OF PERSONAL INJURY, DEATH, PHYSICAL INJURY CAUSED BY BROADCAST EQUIPMENT (INCLUDING, WITHOUT LIMITATION, DRONES), LOSS OR PROPERTY DAMAGE, INCLUDING RISKS THAT ARE NOT PRESENTLY KNOWN OR NOT REASONABLY FORESEEABLE, THAT RESULT FROM EACH ATTENDEES’ OWN ACTIONS, INACTIONS, ACTIVE NEGLIGENCE OR PASSIVE NEGLIGENCE OR THE ACTIONS, INACTIONS, ACTIVE NEGLIGENCE OR PASSIVE NEGLIGENCE OF SAILGP AND/OR ITS TEAMS AND/OR ITS GROUP COMPANIES AND/OR ANY HOST AUTHORITIES AND/OR ANY COMMERCIAL PARTNERS AND/OR ANY AUTHORIZED PERSONS OR OTHERS (WHICH MAY INCLUDE NEGLIGENT RESCUE OPERATIONS OR ANY OTHER NEGLIGENT ACTS, INCLUDING THOSE NOT IN CONNECTION WITH THE EVENTS), THE CONDITIONS OF THE PREMISES AND OF ANY EQUIPMENT USED IN CONNECTION WITH ANY HOSPITALITY FACILITIES AND/OR THE VENUE AND/OR ANY EVENTS.
- WITHOUT PREJUDICE TO CONDITION 39 ABOVE, IN NO EVENT SHALL BLACK CAT CRUISES, SAILGP NOR ITS TEAMS, NOR ITS GROUP COMPANIES NOR ITS MANAGEMENT NOR ANY HOST AUTHORITIES NOR ANY COMMERCIAL PARTNERS NOR ANY AUTHORIZED PERSONS BE IN ANY WAY LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR OTHER INTANGIBLE LOSSES OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER ARISING IN ANY WAY OUT OF, FROM, OR IN CONNECTION WITH, THE USE OF THE TICKET AND/OR THE TICKET HOLDER’S ATTENDANCE AT THE VENUE AND/OR ANY PART OF HOSPITALITY VENUE, WHETHER ARISING IN CONTRACT, NEGLIGENCE, OTHER TORT ACTION, OR ON ANY THEORY OF LIABILITY AND WHETHER OR NOT SAILGP OR ANY TEAM OR ANY HOST AUTHORITIES OR ANY COMMERCIAL PARTNERS OR ANY AUTHORIZED PERSONS (AS APPLICABLE) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE NEGOTIATION OF DAMAGES SET OUT IN THESE CONDITIONS IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SAILGP AND THE ATTENDEE AND/OR SAILGP AND THE TICKET PURCHASER.
- Each Attendee shall indemnify, defend and hold harmless Black Cat Cruises, SailGP, its group companies, the Host Authorities, the Promoter, the Commercial Partners, and all Authorized Persons harmless from and against all claims, loss, damages, liabilities, fees and costs, including (without limitation) bodily or mental harm, personal property damage or loss, loss of profit, business or opportunity, indirect or consequential loss, special damages or any other loss and/or harm howsoever arising (including but not limited to the costs of enforcement of these Conditions), suffered or incurred by any of them in connection with, resulting from or arising out of access to and the use by the Attendee of the Venue.
- These Conditions have been first drafted in the English language. In the case of any conflict or ambiguity between the English version of these Conditions and any translation of them into any other language, the English version of these Conditions will prevail.
- Each of the provisions set out in these Conditions shall be severally enforceable. If any provision or part-provision of these Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Conditions.
- These Conditions incorporate any special terms and conditions which may be displayed on the Black Cat Cruises website or at a Venue with respect to a particular Event, Venue and/or category of Ticket and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations.
- If you have any questions regarding these Conditions or would like to make any information requests please address these to Black Cat Cruises at [email protected]
- These Conditions are for the benefit of and enforceable.
- Black Cat Cruises reserves the right for its authorised employees, agents, contractors, security personnel and police officers acting reasonably to remove from the Venue any Attendee or other person who does not comply with these Conditions and any Attendee or other person whose presence and/or behaviour could reasonably be construed as dangerous, a nuisance or annoyance to any other Attendee or other person(s) at the Venue. Any such removal may result in Black Cat Cruises taking further action such as restricting access to future Events and/or legal proceeding being taken.
- These terms and conditions shall be governed by New Zealand law and the parties shall submit exclusively to the Courts of New Zealand. Your statutory rights are not affected.