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Terms & Conditions

 1.         Interpretation:

1.1 “Client” means the client as specified in the hospitality order form;

1.2 “Day” means calendar days, which shall include weekends and public holidays of the Republic of South Africa;

1.3 “Event” means any sporting, music, recreational, social function or event;

1.4 “Hospitality Package” means an independently hospitality package packed per guest per day and that the pack will include:

1.4.1 one (1) general access ticket to the Event;

1.4.2 appropriate accreditation to access the suite or hospitality area, as the case may be; and

1.4.3 parking vouchers (if any); and

1.4.4 any other information that ENTco may deem necessary.

1.5 “Prime Rate” means the published prime rate as charged by First National Bank from time to time and as certified by any manager of such bank, whose appointment it shall not be necessary to prove;

1.6 “ENTco” means ENTco – The Entertainment Company Pty Ltd;

1.7 “Terms and Conditions” means this document, which shall form part of the hospitality order form, updated as and when necessary.

2.         Application

All hospitality applications and sales are subject to these Terms and Conditions.

3.         Booking and confirmation

3.1 The Client shall complete the hospitality application form in full. Incomplete hospitality application forms will not be considered / processed by ENTco. The Client warrants to ENTco that all information supplied in the hospitality application form is true and correct.

3.2 All completed hospitality application form must be either hand delivered, faxed or emailed (the Client shall ensure that scanned copy of the hospitality application form is legible) to ENTco at the following address, facsimile number or email addresses stipulated in the hospitality application form.

3.3 On return of the completed hospitality application form by the Client to ENTco, it shall constitute an irrevocable offer by the Client to purchase the Hospitality Packages from ENTco, which offer shall remain valid for a period of 30 (thirty) Days, calculated from the date of that the hospitality application form is received by ENTco.

3.4 It is the obligation of the Client to ensure that ENTco is in receipt of its/his/her hospitality application form.

3.5 There are a limited number of packages available for each Event and bookings will be assigned and reserved on a first come first booked basis. All sales of Hospitality Packages are subject to availability before confirmation by ENTco.

3.6 Upon receipt of the hospitality application form, ENTco will consider the Client’s application. ENTco reserves the right to refuse to sell Hospitality Packages to any person / entity.

3.7 If ENTco in writing, informs the Client that its application for Hospitality Package(s) has been unsuccessful, due to insufficient capacity or for any reason whatsoever, which decision is entirely at ENTco’s sole discretion, then the irrevocable offer for a period of 30 (thirty) days, referred to in clause 3.3 shall immediately lapse and the Client shall have no claim for damages (direct or consequential damage), against ENTco as a result of ENTco’s decision not to sell any Hospitality Packages to the Client.

3.8 No provisional bookings will be considered by ENTco.

4.         Confirmation

4.1 ENTco is deemed to have accepted the Client’s application for Hospitality Packages by sending the Client a letter of confirmation accompanied by an invoice for payment by the Client.

5.         Invoicing and payment

5.1 On receipt of the letter of confirmation as well as the invoice from ENTco in terms of clause 5.1, the Client shall pay the full amount reflected in the invoice, as follows:

5.1.1 If the Event is being hosted 30 (thirty) Days or more from the date of invoice, then the Client shall pay the full purchase price within 14 (fourteen) Days of receipt of invoice.

5.1.2 If the Event is being hosted less than 29 (twenty nine) Days but more than 14 (fourteen) days from the date of invoice, then the Client shall pay the full purchase price within 7 (seven) days of receipt of invoice;

5.1.3 If the Event is being hosted less than 13 (thirteen) Days but more than 5 (five) Days from the date of invoice, then the Client shall pay the full amount within 5 (five) Days of receipt of invoice.

5.1.4 If the Event is being hosted less than 4 (four) Days from the date of invoice, then the Client shall pay the full purchase price on receipt of invoice.

5.2 All payment made in terms of this Terms and Conditions must be made by the Client into the following bank account:

Bank: Standard Bank

Branch and Code: Centurion (002015)

Account Number: 410392022

Account Name: ENTCO The Entertainment Company (Pty) Ltd

5.3 The Client shall ensure that it furnishes ENTco with proof of payment. Proof of payment can be delivered, faxed or emailed to ENTco. Payment is only deemed to have been received by ENTco upon clearance of the funds by the relevant bank into the account of ENTco.

5.4      No cheques will be accepted.

6.         Collection and release of Hospitality Packages

6.1 Once the full purchase price for the Hospitality Packages is reflected into ENTco’s banking account, ENTco will inform the Client, via telephone, email or fax 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. It is the obligation of the Client to inform ENTco of the name and identity number of such representative.

6.3 When collecting the Hospitality Package, the Client shall ensure that he / she brings the necessary identification document and present such identifying document to ENTco for collection.

6.4 If the Client is a company, the Client shall ensure that its duly authorized representative brings and presents the necessary identification document to ENTco for purposes of confirming that such representative is the same person as nominated by the Client.

6.5 For security reasons, ENTco do not post / courier any Hospitality Packages to any neither Client, nor does ENTco deliver any Hospitality Packages to any Client, unless otherwise agreed by ENTco. If the Client has by specifically requested ENTco in writing, to post / courier the Hospitality Packages to him / her / it at the address provided by the Client, then ENTco will not be liable for any damages/ loss and will be absolved of any responsibility or fault should such parcel / mail containing the Hospitality Package is misplaced by the postal office or the courier company. The Client shall be responsible for the costs of posting / couriering the Hospitality Costs and must be paid immediately upon request by ENTco, failing which ENTco will not post / courier the parcel to the Client.

6.6 Whilst every effort will made by ENTco to ensure the correct identity of the person collecting the Hospitality Packages, ENTco shall not be liable for any damages or loss suffered by the Client, in instances where fraud has been committed against ENTco.

6.7 ENTco 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 ENTco will not be bound to comply exactly therewith. ENTco shall not be held liable for any inaccuracies in any websites or brochures supplied by it and ENTco shall not be held liable for any damages or loss arising out of such faulty information.

7.2 ENTco 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 ENTco 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 ENTco will provide and offer catering as well as a variety of alcoholic and non alcoholic beverages in the suite and hospitality areas.

8.2 It is the Client’s obligation to ensure that he / she / it informs ENTco on the hospitality application form, of any special dietary requirements (Vegetarian, Halaal or Kosher) whether for himself / herself or for any its guests 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 of 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 wrists or worn around the bearer’s neck) and must be shown to any of ENTco’s staff upon request, failing which, ENTco may evict the Client or any of its guests 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 area, the Client shall present the general access ticket at the security point.

9.4 Rights of admission to the hospitality areas are reserved by ENTco.

10.      Cancellation or postponement of Event

10.1 Should the Event, due to force majeure or for any reason beyond ENTco’s reasonable control:

10.1.1 be cancelled more than 7 (seven) Days prior to the Event, then ENTco undertakes to refund the full purchase price of the Hospitality Package (without interests), to the Client;

10.1.2 be cancelled less than 7 (seven) Days but 3 (three) Days prior to the scheduled date of the Event, then ENTco will refund 50% (fifty percent) of the full purchase price of the Hospitality Package(without interests), to the Client.

10.1.3 be cancelled 2 (two) Days prior to the Event, then ENTco will refund 25% (twenty five percent) of the full purchase price of the Hospitality Package(without interests), to the Client;

10.1.4 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 ENTco 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 by the Client and ENTco shall be entitled to claim cancellation fees on the same basis as set out in clause 11.2.

11.2 If the Client wishes to cancel the Hospitality Package, after ENTco has confirmed the booking in terms of clause 4, then ENTco shall be entitled to charge cancellation fee as follows:

11.2.1 if the Client notifies ENTco of the cancellation, more than 14 (fourteen) Days prior to the Event, then ENTco shall levy a cancellation fee of 25% (twenty five percent) of the total purchase price (inclusive of VAT) of the Hospitality Package (without interest);

11.2.2 If the Client notifies ENTco of the cancellation. more than 7 (seven) Days prior to the Event, then ENTco shall levy a cancellation fee of 50% (fifty percent) of the total purchase price (inclusive of VAT) of the Hospitality Package (without interests);

11.2.3 if the Client notifies ENTco of the cancellation, less than 7 (seven) Days prior to the Event, then ENTco 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 ENTco.

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 elects to cancel the Hospitality Package in terms of clause 11.2, then ENTco 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 the Hospitality Packages acquired by it to any third party. The Client is prohibited from advertising and on selling Hospitality Packages and/or host a competition wherein the Hospitality Packages is included as a prize, unless otherwise agreed by ENTco, in writing, which decision is within ENTco’s sole and absolute discretion.

12.2 Any contravention of clause 12.1 by the Client (whether intentionally or otherwise), ENTco shall be entitled to withdraw the Hospitality Package and evict the Client, its guests, invitees as well as the person who have gained access to the hospitality area illegally.

12.3 The Client is prohibited from selling any item, merchandise or goods within the suite or hospitality area, unless otherwise agreed by ENTco, in writing which decision is within ENTco’s sole and absolute discretion. Offenders will have their item, merchandise or goods removed without compensation and the Client, its guests, 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 areas. The Client hereby indemnifies ENTco 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 ENTco 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 guests and invitee’s shall exercise control and ensure responsible drinking. ENTco and any of its employees, agents, representative or suppliers may request any Client or any of its guests and invitees to produce identity documents before any alcohol is served. ENTco will refuse to serve any alcoholic beverages to any person, should the Client or any of its guests and invitees fail to produce identity documents. The Client or any of its guests 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 alcoholic beverages. The Client or any of its guests and invitees hereby indemnifies the venue owner, the suite owner and ENTco, its employees, agents, 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 provisions 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 its guests and invitees intoxicated by alcohol and (iii) against loss of income and any other patrimonial damages suffered by the venue owner, suite owner and / or ENTco, as a result of the Liquor Control Board revoking, cancelling / withdrawing the venue owner, the suite owner or ENTco’s existing liquor license or as a result of the Liquor Control Board’s refusal to grant the venue owner, the suite owner or ENTco any liquor license in the future due to the Client or any of its guests 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, ENTco or the promoters of the Event, unless otherwise agreed by ENTco, in writing, which decision is within ENTco’s sole and absolute discretion.

12.7 The Client is prohibited from holding or falsely representing himself/ herself/ itself as a sponsor / partner of, or in any way associate itself, its brand / name in any manner whatsoever with the Event, ENTco 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, ENTco or the Promoter, unless otherwise agreed by ENTco, in writing, which decision is within ENTco’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 ENTco, in writing, which decision is within ENTco’s sole and absolute discretion. Offenders will have their promotional materials or commercial items removed without compensation and the Client, its guests, 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 parks their vehicles at their own risk. ENTco and / or the owner of the venue where the Client parks his / her / its vehicle shall not be held liable for any damage or loss suffered by the Client or any of its guests and invitees.

14.      Children and minors

14.1 The Client or any of its guests 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 guests and invitees. ENTco 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 ENTco or any of its employees, agents, representatives, suppliers or sub contractors.

15.      Risk and indemnity

15.1 The Client and its guests and invitees enter the suite or the hospitality area entirely at his / her / its own risk.

15.2 ENTco, 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 any of his / her / its guests or invitees, arising from any act, negligence or omission by ENTco, its employees, officers, agents and the Client hereby irrevocably indemnifies ENTco against such claims, 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 guests and invitees.

16.2 The Client undertakes to pay all costs of repairing, restoring or replacing any damage to any part of the suite or hospitality area, within 7 (seven) Days of receipt of an invoice from ENTco.

16.3 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 any act, default, omission or neglect of the Client, his / her / its guests and invitees.

17.      Force Majeure

17.1 If ENTco is prevented by force majeure from complying with its obligations in terms of these Terms and Conditions, then the Client shall have no claim of any nature whatsoever against ENTco arising out of its consequent failure to provide hospitality services. For the purposes of this clause, a force majeure shall, without limitation of the generality of the 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 national 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’s Court Act (No. 32 of 1944, as amended) (the “Act”) that ENTco 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. ENTco 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.      Domicilium

The Client hereby chooses its domicilium citandi et executandi for all purposes at the physical set out in the hospitality application form, unless the Client informs ENTco of its change of domicilium address.

20.      General

20.1 This Terms 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 ENTco, unless agreed by ENTco in writing.

20.3 This Terms and Conditions and the hospitality application form shall be governed by and construed in accordance with the laws of the Republic of South Africa.

20.4 No indulgence granted by ENTco shall constitute a waiver of any of ENTco’s rights under this Terms and Conditions shall constitute a waiver of any of ENTco’s rights under this Terms and Conditions, accordingly, ENTco shall not be precluded, as a consequence of having granted that indulgence, from exercising any rights against the Client which may have arisen in the past or which may arise in the future.

20.5 Should ENTco 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 ENTco may have, ENTco may recover from the Client all legal costs incurred by it, including attorney and own client costs, tracing fees and such collection commissions as ENTco 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 terms or 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 ENTco 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 ENTco may cede and assign its right and obligations 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 ENTco.