LUXURY F1 TERMS AND CONDITIONS FOR MONACO GRAND PRIX
Luxury F1 terms and conditions for Monaco Grand Prix when buying tickets, hospitality packages and hotels.
Luxury F1 terms and conditions also provide in some cases roll over to the following year.
Luxury F1 terms conditions Monaco Formula One Grand Prix questions you can email us or call mobile.
Luxury F1 terms conditions Monaco Formula One Grand Prix are set with Australian conditions.
Company owner is The Motorsport Shop Pty Ltd
ABN 31 056 384 895 ASIC REGISTERED.
1.DEFINITIONS AND INTERPRETATION
1.1.In this Agreement the following words or phrases shall, unless the context otherwise requires, have the following meanings:
Agreement: the agreement between LuxuryF1 and the Client which incorporates the quote to Quote to Invoice and these Terms;
Quote to Invoice: the Monaco Grand Prix Hospitality Package – Quote to Invoice to which these Terms and Conditions are attached;
Client: the person(s) or company or representative identified as such on the Quote to Invoice;
Event: the Monaco Grand Prix specified on the Quote to Invoice;
Extras Charges: additional charges incurred by LuxuryF1 on behalf of the Client in connection with the Event but not covered by the Fee;
Fee: the relevant fee identified in the Quote to Invoice and payable to LuxuryF1 pursuant to clause 4; Hospitality Package: the provision of a high quality luxury corporate hospitality package for the Event compromising of collectively or separately as appropriate, one or more of the following as summarised in the Quote to Invoice [and as specified in more detail in the Hospitality Description annexed to the Quote to Invoice]: accommodation, race viewing, transport and dining;
Premises: those premises to which access is granted as part of the Hospitality Package;
LuxuryF1: The Motorsport Shop Pty Ltd, 13 Connells Point Road, South Hurstville NSW 2221
Social Media: Includes at least Our websites, Facebook, Instagram, Twitter, Pinterest, LinkedIn, etc. Terms: these LuxuryF1 Terms and Conditions.
1.2.The clause headings are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
2.1.In consideration of the payment to LuxuryF1 of the Fee and the Extras Charges, LuxuryF1 shall use best endeavours to provide the Hospitality Package.
2.2.The Client acknowledges and accepts that:
(i) parts of the Hospitality Package are provided by one or more third parties for whom LuxuryF1 is acting as agent and the Client’s use of or access to such parts of Hospitality Package shall be governed by the applicable third party terms and, while LuxuryF1 has used reasonable endeavours to ensure that such third party terms are not substantially different to these Terms, responsibility rests with the Client to ensure it complies with such third party terms;
(ii) because the package has been tailored to the Client’s specific requirements, the Hospitality Package is non-transferrable and non-refundable; and
(iii) responsibility for the holding and organisation of the Monaco Grand Prix and the provision of the Hospitality Package rests with the third parties and as provided in clause 6. LuxuryF1 shall not be liable under this Agreement if the Event does not take place;
(iv) until FIA has ratified the Event(s), the date(s) may change and while LuxuryF1 will use its best endeavours to rebook the Hospitality Package accordingly but the Client should be prepared to adjust its dates.
3.THE CLIENT’S OBLIGATIONS
3.1.The Client shall:
(i) ensure that the details and the required Hospitality Package on the Quote to Invoice are complete and accurate;
(ii) co-operate with LuxuryF1 in all matters relating to the Hospitality Package and event;
(iii) provide LuxuryF1 with such information and materials as LuxuryF1 may reasonably require in order to supply the Hospitality Package and ensure that such information is accurate in all material respects; (iv) contact LuxuryF1 immediately if it is unhappy with any aspect of the Hospitality Package and in any event, no later than the end of the Hospitality Package, failing which the Client shall be deemed to be happy with the quality of the same;
(v) obtain and maintain all necessary licences, permissions and consents which may be required for Client’s participation in the Hospitality Package before the date on which it is to start;
(vi) use the Accommodation only for the purpose of lodgings;
(vii) not engage in any activities which are dangerous, offensive, noxious, illegal or immoral or which are or may become a nuisance;
(viii) not consume food or beverages other than those supplied by the official caterers;
(ix) not do anything which might invalidate any insurance at the Premises or in respect of the Hospitality Package;
(x) not bring on to the Premises or any part of it any animals without the prior consent of LuxuryF1;
(xi) observe all applicable laws, licences and the regulations in Monaco;
(xii) pay to LuxuryF1 the cost of making good all damage to the Premises or any property suffered during the Event caused by the Client (excluding only fair wear and tear and damage covered by LuxuryF1’s insurance and damage caused by LuxuryF1’s agents, servants and subcontractors);
(xiii) at the end of the Event remove all the Client’s goods, waste and other materials from any Premises and hand back the Accommodation cleared and in such condition as is required by clause 3.1(xii). In default the Client shall pay to LuxuryF1 at the rate of $1000 AUD per day for every day or part of a day during which the default exists and shall indemnify LuxuryF1 against any costs, damages or liability incurred by LuxuryF1 or by any subsequent company;
(xiv) not park on or obstruct the access ways giving access to any premises;
(xv) not make any alterations or attachments or additions to any Premises or the Accommodation without the prior written consent of LuxuryF1;
(xvi) leave the Premises and the Accommodation at the end of the booking period or as otherwise notified by LuxuryF1 or the relevant third party;
(xvii) make all administrative and other arrangements to ensure that the maximum number of persons in the Premises and Accommodation does not exceed the number notified to the Client;
(xviii) obtain the prior written approval of LuxuryF1 to any publicity material proposed to be issued in relation to the Event; and
(xix) to make sure that LuxuryF1 is represented in the best possible way via social media.
3.2.If LuxuryF1’s performance of any of its obligations under this Agreement is prevented or delayed by any act or omission by the Client or failure by the Client to perform any relevant obligation (including any delay or failure to pay) (Client Default):
(i) LuxuryF1 shall without limiting its other rights or remedies have the right to suspend the Hospitality Package and the performance of the Hospitality Package until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the performance of any of its obligations to the extent the Client Default prevents or delays LuxuryF1’s performance of any of its obligations;
(ii) LuxuryF1 shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from LuxuryF1’s failure or delay to perform any of its obligations as set out in clause 3.2; and
(viii) the Client shall reimburse LuxuryF1 on written demand for any costs or losses sustained or incurred by LuxuryF1 arising directly or indirectly from the Client Default.
3.3.The Client shall procure compliance with this Agreement by its attendees, delegates or invitees.
4.1.The Client shall pay to LuxuryF1: (i) the Fee on the dates specified on the Quote to Invoice; and (ii) the Extras Charges as notified by LuxuryF1 to the Client from time to time;
4.2.Where LuxuryF1’s cost of delivering the Hospitality Package increases, LuxuryF1 may increase the Fee accordingly upon 30 days written notice to the Client;
4.3.The Client shall pay all sums to LuxuryF1 together with GST at the applicable rate;
4.4.The Client shall pay interest at the rate of 4% per year on any money due under this Agreement which remains unpaid from the date when such money first becomes due and payable until such time as it shall be paid.
4.5.As provided in clause 6, all payments are non-refundable.
5.TERM AND TERMINATION
5.1.This Agreement shall commence on the date specified on the Quote to Invoice and shall remain in force until 1 week after the Event or unless terminated earlier in accordance with the terms of this Agreement.
5.2.LuxuryF1 shall be entitled to terminate this Agreement immediately on notice to the Client if any money due and payable under this Agreement has not been paid on the due dates for payment.
5.3.Either party shall be entitled to terminate this Agreement immediately on notice in the event that the other party provided that prior to such termination LuxuryF1 shall give notice to the Client giving it 14 days to cure such default:
(i) substantially fails to perform and observe all or any of the obligations on its part contained in this Agreement; or
(ii) enters into liquidation, whether compulsory or voluntary (but not if the liquidation is for amalgamation or reconstruction of a solvent company), or has a receiver, administrator or administrative receiver appointed or enters into any arrangement for the benefit of its creditors.
5.4.Any termination of this Agreement shall be without prejudice to any rights or remedies that may have accrued to either party.
6.SUBSTITUTION AND CANCELLATION
6.1.If, for any reason either the Event or the Hospitality Package or a substantial part thereof do not take place or, in LuxuryF1’s reasonable opinion, are unlikely to take place or are unlikely to provide the same experience, or are cancelled by the third party provider, LuxuryF1 will use its best endeavours to provide a suitable and equivalent alternative. The Client will not refuse to accept such alternative unless it can demonstrate to LuxuryF1’s reasonable satisfaction that such alternative is not suitable or equivalent or that the revised Charges vary significantly.
6.2.While LuxuryF1 will use its reasonable endeavours to accommodate the changing circumstances of the Client, unless it obtains the prior written consent of LuxuryF1, the Client may not cancel its booking upon written or verbal acceptance from Quote to Invoice.
7.1.If a dispute arises out of or in connection with this Agreement or the performance, validity or enforceability of it (Dispute) then either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, the CEO of LuxuryF1 and the Account Manager of the Client shall attempt in good faith to resolve the Dispute as soon as possible.
8.CONFIDENTIALITY A party (receiving party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the receiving party by the other party (disclosing party), its employees, agents or subcontractors, and any other confidential information concerning the disclosing party’s business, its products and services which the receiving party may obtain. The receiving party shall only disclose such confidential information to those of its employees, agents and subcontractors who need to know it for the purpose of discharging the receiving party’s obligations under this Agreement, and shall ensure that such employees, agents and subcontractors comply with the obligations set out in this clause as though they were a party to this Agreement. The receiving party may also disclose such of the disclosing party’s confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This existence of clause 8 shall survive termination of this Agreement.
9.LIABILITY & INSURANCE
9.1.The Client acknowledges that motorsport can be dangerous and that it shall take all reasonable precautions to avoid injury or death whilst not liable for any activity on or near a race track where injury may occur to anyone or anything out of its control.
9.2.Nothing in these Terms shall limit or exclude LuxuryF1’s liability for: (i) death or personal injury caused by its negligence; or (ii) fraud or fraudulent misrepresentation.
9.3.The Client acknowledges that third parties may have liability to the Client in respect of parts of the Hospitality Package subject to the terms of those third parties.
9.4.Subject to clause 9.2: (i) LuxuryF1 shall under no circumstances whatever be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Agreement; and (ii) LuxuryF1’s total liability to the Client in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the sums paid by the Client to LuxuryF1 pursuant to this Agreement.
9.5.All terms implied by statute law or regulation are, to the fullest extent permitted by law, excluded from this Agreement.
9.6.Without prejudice to the exclusions and limitations in this clause 9, for the duration of the Agreement, LuxuryF1 shall rely on third parties providing all services in hospitality and accommodation with any transfers with a reputable insurance company, professional indemnity insurance and public liability insurance up to $10million AUD to cover liabilities that may arise under or in connection with this Agreement. LuxuryF1 will not provide any insurance cover to the client during their time in hospitality, on transfers, in accommodation.
9.7.The existences of clause 9 shall survive termination of this Agreement.
9.8.For the purposes of this Agreement, Force Majeure Event means an event beyond the reasonable control of LuxuryF1 including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of LuxuryF1 or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, ￼regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
9.9.LuxuryF1 shall not be liable to the Client as a result of any delay or failure to perform its obligations under this Agreement as a result of a Force Majeure Event.
9.10.If the Force Majeure Event prevents LuxuryF1 from providing any aspect of the Hospitality Package, LuxuryF1 shall, without limiting its other rights or remedies, after exhausting all possible remedy options have the right to terminate this Agreement immediately by giving written notice to the Client.
10.1.Notice under this Agreement shall be deemed given when delivered by email with receipt, hand or when transmitted on receipt of a printout confirming due transmission if sent by electronic mail or facsimile, or 5 days after mailing if sent by registered mail, postage paid and addressed to the contact named in the Quote to Invoice.
10.2.If a party changes its address for notification purposes, then it shall give the other party written notice of the new address and the date on which it shall become effective.
11.RIGHTS OF THIRD PARTIES
11.1.A person who is not a party to this Agreement may not rely upon or enforce any rights.
12.GOVERNING LAW AND JURISDICTION
12.1.This Agreement shall be governed by and construed in all respects in accordance with the laws of New South Wales, Australia whose courts are the courts of exclusive jurisdiction.