THE YACHT SOCIAL CLUB TERMS & CONDITIONS
TERMS AND CONDITIONS OF CUSTOMER (The Yacht Social Club)
Please read these terms and conditions, carefully, and prior to, proceeding with your booking. By proceeding and making payment, you are agreeing to these terms and conditions.
This Agreement is between Have You Heard Events Pty Ltd ABN 16 609 615 590 of 11/25 Elizabeth Bay Road, Elizabeth Bay, Sydney NSW 2011 (HYHE) and you (Event Participant).
HYHE, as an event management company, amongst other things, creates and sells events, event tickets and access to event experiences. From time to time HYHE may act as an intermediary or agent for suppliers in selling events, tickets or services or in booking services which are not directly organised or supplied by HYHE.
1. INTERPRETATION AND DEFINITIONS:
1.1 Charter Event Organiser means the end customer who has booked the yacht and/or purchased tickets to the event.
1.2 Event is a reference to The Yacht Social Club Events.
1.3 Terms and Conditions mean:
(a) The terms and conditions contained herein in this document titled “Terms and Conditions of Customer (The Yacht Social Club Events)”;
(b) the terms and condition set out on
1.4 The Yacht Social Club: in the event your ticket has been purchased in respect of The Yacht Social Club Event all references to ‘The Yacht Social Club Event’ apply to you in addition to all other terms and conditions set out.
1.5 The Yacht Social Club Event means a raft-up event in Sydney Harbour with multiple yachts.
2.1 By agreeing to these Terms and Conditions you understand that you are registering to attend an Event managed by HYHE and all fees associated with your participation at an Event are payable in full as set out in these Terms and Conditions (HYHE’s payment terms). You may register on behalf of others, however you are deemed to be liable for all associated fees for all Event Participants you register.
2.2 We ask that you please ensure you register for the correct Event and choose the add-ons and accommodation relevant to your requirements. Should you require assistance at any time please do not hesitate to contact HYHE via email or phone 02 8006 2768 prior to finalising your registration.
3. CONFIRMATION & TICKETING
3.1 Bookings are confirmed only when full payment is received in cleared funds.
3.2 You must notify HYHE immediately if there have been any mistakes with your booking, or if you have not received the confirmation e-mail within 24 hours of payment. If you fail to notify HYHE of the mistake within that 24 hours period, HYHE may, in its absolute discretion, charge you a fee to rectify the mistake.
3.3 Not all events will require physical tickets to be issued. Where no physical tickets are required you will need to print your confirmation email and bring it with you to gain access to the event.
3.4 Where physical tickets are required you will be notified at the time of booking and arrangements will be made for the delivery of tickets.
3.5 Please be aware that HYHE do not accept PO Boxes as mailing addresses for the delivery of tickets.
3.6 Lost emails can be re-issued to the same email address, provided you provide proof of identity and a reasonable amount of notice ahead of the event. HYHE will make all reasonable attempts to issue a replacement for you.
3.7 Please note that tickets are non-refundable. The event will only be cancelled in the case of dangerous weather conditions such as high winds (gale force), which make it unsafe to sail. This will be down to the event organizers discretion and not ticket holders. If for example it rains, the event will still go ahead. If the event is cancelled due to dangerous weather conditions we will try to rearrange to an alternative date.
4. UNLAWFUL RE-SALE OF TICKETS; COMMERCIAL PURPOSES
4.1 The unlawful resale or attempt to resell your booking and/or ticket is grounds for seizure and cancellation without refund or compensation. Bookings and/or tickets at events shall not be used for advertising, promotions, contests or sweepstakes, without written authorisation by HYHE.
5. BOND/ DEPOST
If the Event is for a Yacht Social Club Event, then the following shall apply:
5.1 Each Charter Event Organiser must pay a bond for the Yacht Social Club Event;
5.2 A bond must be paid before the commencement of the Charter and will be held by the bank system (3rd party) for 5-7 days following the charter.
5.3 The bond payable by each Charter Event Organiser, for a Yacht Social Club Event, is:
(a) $1500 per vessel
5.4 You and the Charter Event Organiser acknowledge and agree and hereby authorise and consent for HYHE to withhold any part of, or all of the bond, and use the bond to rectify any damage caused by You, the Charter Event Organiser, your attendees or guests, including but not limited to the following occurrences.
(a) Loss of or any damage to the vessel or its equipment or fittings, caused by members of the Charterer’s Group;
(b) An amount of uncleanliness in excess of what is reasonable, caused by members of the Charterer’s group, given the nature of the Charter, which, in the sole discretion of the Operator, therefore requires an excessive amount of cleaning to make good;
(c) Unruly behaviour, by members of the Charterer’s group, to the extent that the Master, in his sole discretion, in the interests of the safety of the vessel and other passengers and its crew, decides that the Charter must be terminated early;
(d) A breach of Charter conditions;
(e) Failure to wear non-marking footwear, which may result in cleaning charges.
6. CHANGES AND VARIATIONS
6.1 We reserve the right, and you acknowledge and agree, that:
(a) For Yacht Social Club:
(i) if we consider necessary (for example, due to mechanical breakdown, for safety reasons or weather conditions), to substitute vessels without notice (including any vessels of a third party), deviate from a vessel’s advertised route, change any menu, service, schedule, program, performance or cruise fare. We will endeavour to provide a similar quality vessel, route, menu, service, schedule, program, performance or cruise fare (as the case may be) in these circumstances.
(ii) No vessel is at any stage to have more than their maximum capacity aboard. It will at the sole discretion of the Skippers as to whether you are permitted aboard a vessel that you didn’t depart on or are allocated to. You must return at charter close, on the same vessel on which you boarded at the beginning of the charter.
(b) HYHE may in its absolute and sole discretion, add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.
6.2 In such circumstances, we will not be liable for your direct or indirect loss, or to refund any fares or portions of fares, nor will we be liable for any other damage, loss, expense, loss of time, disappointment, inconvenience, or any other consequential loss suffered by you.
7. CANCELLATIONS, EXCHANGES & REFUNDS
7.1 HYHE will only offer a refund or exchange of a ticket if an Event is cancelled, rescheduled or significantly relocated (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time.
7.2 HYHE does not offer refunds or exchanges as a result of a change in your personal circumstances.
7.3 HYHE will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. HYHE may charge a reasonable fee for the replacement of tickets. HYHE may not replace tickets where seating is unallocated (general admission tickets).
7.4 HYHE reserves the right to add, withdraw, reschedule or substitute artists and/or vary advertised programs, prices, venues, seating arrangements (including ticket categories) and audience capacity.
7.5 Refunds will only be processed to the credit card or bank account of the individual, organisation or institution from which the payment was received. Should payment have been via cheque you will be contacted to confirm your current mailing address, and a cheque will be mailed to you.
8.1 All prices quoted include the Goods and Services Tax at 10% (GST).
9. CANCELLED EVENTS
9.1 Subject always to clause 25 and unless indicated otherwise in relation to a particular event, if an event is cancelled, rescheduled or significantly relocated by HYHE, before it begins, booking or ticket holders will be offered a booking or ticket the rescheduled event up to the face value of the original bookings/tickets or, if the booking or ticket holder is unable to attend the rescheduled event or the event is not rescheduled, a refund. All liability is limited to the amount for which the ticket was purchased (including any fees or charges). HYHE will not be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses.
9.2 If an event is cancelled after it has commenced, you will not have the right to exchange or receive a refund on tickets.
10. THE RIGHT OF ADMISSION IS RESERVED
10.1 HYHE reserves the right to refuse entry to, or to remove from an event, any person or persons, in HYHE’s absolute discretion.
10.2 Furthermore, HYHE reserves the right to refuse entry to, or to remove from an event, any person or persons, who are drunk or disorderly or whose conduct has been or is unlawful or offensive. Any person who causes a disturbance or who refuses to comply with reasonable requests from HYHE may be removed from current and future events.
11. CREDIT CARD PAYMENTS
11.1 HYHE prefers payment by Visa or Mastercard at time of registration. Credit card payments will be processed direct by HYHE’s Credit Card Merchant. Your credit card details will not be stored by HYHE.
11.2 All tickets purchased using a credit card are processed at the time of purchase, not at the time of entry to the event, unless otherwise notified by HYHE.
12. Credit Card Payments - Proof Of Identity
12.1 For tickets purchased using a credit card, HYHE may, in its absolute discretion, request that you present, amongst other things, the credit card used to purchase the tickets and identification (including picture identification) matching each other and matching the name under which the booking was made.
12.2 You may only buy tickets with your parent's or another person's credit card provided that:
(a) You have:
(i) permission to use the credit card; and
(ii) can bring it with you, to the event; or
(b) You have:
(i) permission to use the card; and
(ii) the card holder has completed the ticketbooth credit card authorisation form (found on the ticketbooth webpage (www. Ticketbooth.com.au); and
(iii) have the fully completed form with you at the event.
12.3 HYHE may in its absolute discretion refuse entry if you fail to strictly comply with clause 15.2. For the avoidance of doubt, even if you have a valid ticket, but have failed to comply with clause 15.2, HYHE may in its absolute discretion refuse you entry.
13. INTERNATIONAL CREDIT CARD PAYMENTS
13.1 Due to the increase in credit card fraud, international credit card payments will not be processed automatically via HYHE’s Credit Card Merchant. Your payment will be processed by HYHE’s Credit Card Merchant once HYHE has reviewed your registration. You may be required to provide a copy of your current passport and the front and back of your credit card prior to your payment being processed. We apologise for any inconvenience caused.
14. LAW & CONSTRUCTION
14.1 These Terms and Conditions of Sale, any contract made by a confirmed booking and all directly related matters shall be governed and interpreted exclusively under the law and courts of the State of New South Wales.
15.1 All personal information is held in accordance with Australian Privacy Laws. Any gathered personal information will keep strictly confidential. Videos and photographs taken at any HYHE program or event may be used for promotional purposes on the HYHE website and in HYHE publications only. Any other use must have permission from HYHE.
16. FORCE MAJEURE AND ADDITIONAL ITEMS
16.1 Except as required by law, HYHE is not liable for any loss, inconvenience, damage, additional expense, injury, delay or any other claim in relation to:
(a) Changes to event information, programme, performers or performance dates, including the cancellation or rescheduling of events;
(b) Actions or omissions on the part of independent contractors or others outside of HYHE’s control, who supply products and services in connection with events;
(c) Unknown or unforeseen defects in any venue, vehicle, device or material used in connection with the events purchased;
(d) Venue/promoter polices or legal regulations including, but not limited to: dress standards, bans on cameras and recording devices, the responsible service of alcohol and safety regulations; or
(e) events which are unforeseeable or not preventable by reasonable diligence on our part including, but not limited to: war, fire, floods, unusually severe weather, acts of God, acts of Government, acts of terrorism, accident, failure of machinery, labour disturbances and acts or omissions of telecommunications and delivery service operators beyond our reasonable control.
17. PHOTOGRAPHY AND VIDEO WAIVER AND RELEASE
17.1 By agreeing to these Terms and Conditions, you consent to photos, videos or other images or recordings of the event being taken, used and/or reproduced for the purposes of advertising, media, publicity, publication, web display, general display, or for any other purpose in whole or in part, for an undefined period of time by HYHE only.
17.2 You hereby waive any interest that you may have in the copyright or Intellectual property of the photograph(s) now or at any future time and state that you do not expect to receive any payment or consideration in respect to them.
17.3 You release HYHE, its employees and agents from any liability (including consequential loss) connected with the publication, reproduction, release or other use of these materials.
18. ILLICIT SUBSTANCES AND ALCOHOL
18.1 No illicit substances or drugs may be brought to the Event or in or around the Venue. Any person found in possession of suspected illicit substances or drugs within or around the vicinity of the Event or Venue will be removed or refused entry and referred to the police.
18.2 No alcohol is to be served to any person aged 18 years and under or without an acceptable proof of age ID. A patron who is deemed to be affected by the consumption of alcohol or drugs may, in HYHE’s sole discretion, be refused entry to, or ejected from, the Event Venue. Alcohol must not be removed from the Venue.
19. PROOF OF AGE
19.1 In the event that the Event held is strictly an 18 years and older Event you confirm that you are aged over 18 years at the time of purchasing the ticket. You will be required to present one acceptable proof of age ID to enter the Event and Venue. HYHE accepts the following forms of proof of age ID: legally accredited driver’s licenses, learners permit, passports, proof of age cards. Proof of age identification is required to buy & consume alcohol. ID may be requested at any time;
20.1 When we communicate with you we will generally do so by email or via phone. You agree that email and phone communications are contractually binding in the same way as properly signed and dated documentation sent by post.
20.2 Nothing in this agreement or on our websites, or any website owned, operated, licensed or controlled by HYHE shall confer on any third party any benefit or obligation.
20.3 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.4 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
20.5 In the Event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
20.6 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
20.7 This Agreement shall be governed by and construed in accordance with the law of Australia, and all international governance is expressly excluded.
20.8 You are deemed to have accepted these terms and conditions when you proceed with your booking and make payment.
21.1 The Yacht Social Club Event is in an outdoor setting, all participants must be of a reasonable fitness level. The nature of these Events is such that you will be exerting yourself from time to time.
22. TRANSPORT POLICY
22.1 Passengers must be at the departure point specified on the Ticket at least 20 minutes before the allocated departure time on the Ticket. Passengers may be refused carriage if they arrive less than 20 minutes before the allocated departure time on the Ticket. We will endeavour to adhere to the departure and arrival times stated on the relevant Ticket but, subject to any rights that a Passenger may have as a Consumer, are not liable for any failure to meet those times.
23. DISABLED ACCESS
23.1 If you have a disability, that you believe will impact your ability to safely participate in any Event organised by HYHE, please make HYHE aware and we will facilitate you where possible.
23.2 It is your responsibility to disclose to us any physical or mental condition that may hinder access to, from or while at our Events.
23.3 You must be able to board, disembark and move around The Yacht Social Club Event yacht or other Transport and Event site unaided or with minimal assistance from the staff. You must also be willing and able to comply with time restrictions and regulations. Anyone who cannot perform these functions unaided must be accompanied by a carer for the duration of the Event.
24.1 HYHE cares for the environment and community. Please be respectful and place any litter in the recycle or other bins provided around The Yacht Social Club Event yacht.
25. Limitation of Liability
(a) Notwithstanding anything else contained herein in these Terms and Conditions:
(i) To the fullest extent permitted by the law, HYHE does not accept liability of any nature for the acts, omissions or default of those providing services in connection with the Event or any liability for any injury, damage, loss, delay, inconvenience, additional expenses or any other claim whatsoever, which are incurred at or in association with this Event.
(ii) Where legislation implies any condition or warranty which cannot be excluded or modified, that condition or warranty will be deemed to be included in these Terms and Conditions (Stat Warranty).
(iii) HYHE’s maximum liability for a breach of a Stat Warranty is limited to an amount equal to the purchase price paid for the Event ticket (including any fees or charges).
(iv) HYHE’s maximum liability to you is limited to the amount for which the ticket was purchased (including any fees or charges). HYHE will not be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses. In no event will HYHE be liable for any indirect, consequential, exemplary or special damages.
(v) To the extent permissible by law, HYHE will not be responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by you or any other passenger, guest or attendee, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and skill.
(vi) Admission is at the ticket holders own risk. You acknowledge that neither we nor the venue will be responsible for any loss or damage to property (including personal property such as bags, money or other personal items) brought to or purchased at the Event by you or your invitees.
(vii) You will be liable for any loss or damage caused at the Event by you or your invitees.
(b) For Yacht Social Club:
(i) The Yacht Social Club Events operate on busy waterways and are subject to the risks and perils of cruising on such waterways including loss, damage and injury arising out of or in connection with changing tidal and weather conditions and the navigation of other craft.
(ii) Further to clause 34.1, and to the extent permissible by law (including the Australian Consumer Law), we will not be responsible in tort, contract or otherwise for any loss or damage arising out of injury or death sustained by you or any other passenger, howsoever arising and whether or not arising as a result of our negligence or failure to render due care and skill.
You acknowledge and agree to enter into this Agreement and book a ticket for this Event at your own risk. If however any guarantees, terms, conditions or warranties are implied into this agreement by any law of the Commonwealth or New South Wales, the exclusion of which would contravene that law or cause part or all of this clause to be void, then to the extent permissible by law:
(i) We exclude all other guarantees, terms, conditions and warranties; and
(ii) Our liability for breach of such guarantee, term, condition or warranty is limited to an amount equal to the purchase price paid for the Event ticket (including any fees or charges).
(iii) We exclude all liability for any loss or damage to clothing or personal items/belongings howsoever arising and whether or not our liability arises in tort, contract or otherwise.