Beluga Hospitality Booking Terms & Conditions
These Booking Terms & Conditions apply to all Hospitality Package bookings made with Beluga Marketing (Pty) Ltd, trading as Beluga Hospitality, whether by signed booking form or online through this website. By ticking the terms and conditions box at checkout, the Buyer confirms that they have read and accept these terms.
1. Booking Offer
1.1 The Buyer guarantees to Beluga Marketing (Pty) Ltd (“Beluga”) that all information provided in the booking form is accurate and truthful.
1.2 By signing this document, the Buyer acknowledges that they have read and agree to all the terms and conditions outlined in this booking form. They also agree to abide by all the terms stated herein. By signing these terms and conditions, the Buyer is making an offer to buy the Hospitality Packages from Beluga. This offer will remain valid until accepted by Beluga, unless specified otherwise in clause 1.6 below.
1.3 Beluga will not consider any tentative bookings.
1.4 There is a limited supply of packages available for this Event, and bookings will be allocated on a first-come, first-served basis or at the discretion of Beluga. The sale of Hospitality Packages is subject to availability solely at Beluga’s discretion.
1.5 Upon signing and submitting the booking form, Beluga will review the Buyer’s application. Beluga reserves the right to decline to sell Hospitality Packages to any individual or entity.
1.6 If Beluga notifies the Buyer in writing that their application for Hospitality Package(s) has been unsuccessful due to capacity constraints or any other reason, at Beluga’s sole discretion, then the offer will immediately expire, and the Buyer will have no claim for damages (direct or consequential) against Beluga as a result of Beluga’s decision not to sell Hospitality Packages. In such circumstances, if any payment was made to Beluga the Buyer will be refunded accordingly.
2. Booking Confirmation
2.1 Beluga is deemed to have approved the Buyer’s request for Hospitality Packages as detailed in clause 3.1.1.
3. Invoicing & Payment
3.1.1 Upon receiving the booking form, Beluga will issue the Buyer a valid tax invoice for payment. The Buyer’s receipt of a valid tax invoice from Beluga will signify acceptance of the Buyer’s offer to purchase the Hospitality Packages, thereby making these booking terms and conditions binding and enforceable between the parties.
3.1.2 The Buyer is responsible for paying for the Hospitality Packages immediately upon receiving a valid tax invoice unless alternative payment arrangements have been mutually agreed upon in writing between the Buyer and Beluga. Payment is considered accepted by Beluga only upon the funds being cleared.
3.1.3 Failure to pay the amounts due as per the valid tax invoice received by the Buyer will result in the enforcement of the cancellation terms outlined in clause 9.
4. Collection and Handling of Hospitality Packages
4.1 Upon receipt of the full payment for the Hospitality Packages, Beluga will notify the Buyer regarding the date, time, and location for collecting the Hospitality Packages.
4.2 Collection must be done in person by the Buyer or, if someone else is collecting on their behalf, that person must provide proof of identity and authorization.
5. Information and Pricing
5.1 While efforts will be made to ensure the accuracy of the information in the website or brochure, it may change without prior notice.
5.2 Beluga is not liable for inaccuracies in its websites or brochures and will not be responsible for any damages or losses resulting from such faulty information.
5.2 The Buyer acknowledges that it shall not permit the transfer of Hospitality passes on the day of the event to unauthorized persons (i.e. persons who would otherwise not be permitted access to the Hospitality area).
5.3 Any transfer of Hospitality packages and/or Hospitality passes in contravention of the above shall put at risk the bearer of such Hospitality package/s and/or Hospitality pass/es who may be denied access to the Hospitality area.
6. Force Majeure
6.1 Beluga shall not be considered in breach of this agreement to the extent that performance of its obligations is prevented by an Event of Force Majeure.
6.2 Extenuating weather conditions is not a valid reason for refund or cancellation of packages and or tickets. The Buyer accepts all risks associated with ticket seat locations which will be communicated if possible by Beluga to the Buyer at the time of booking.
6.3 Despite the above, the onus rests on the Buyer to obtain information regarding ticket location and should there be adverse weather conditions on event day, the risk and responsibility pertaining to the ticket’s location lies with the Buyer.
7. General
7.1 Beluga shall use its best endeavours to ensure that the package inclusions per the hospitality sales proposal are delivered on, however, in the event that they are unable to do so and this is out of their control (e.g. guest speaker unavailable for whatever reason), they shall take such reasonable steps to ensure that a reasonable equivalent or replacement is made.
7.2 Courier and credit card fees incurred by Beluga on behalf of the Buyer will be for the Buyer’s account and invoiced accordingly.
7.3 Beluga shall be entitled to charge interest, from time to time, on all overdue amounts at the rate of 2% above the prime rate (quoted by First National Bank Limited) per month, calculated from due date to date of payment.
7.4 Beluga shall be entitled, but not obliged, to institute proceedings against the Buyer out of the Magistrate’s Court; notwithstanding the amount owing exceeds the jurisdiction of the Magistrate’s Court. The Buyer agrees to be liable to Beluga for all legal costs on the attorney and own Buyer scale.
7.5 This agreement constitutes the entire agreement between the parties and no variation or amendments to any term or condition hereof shall be valid or binding on Beluga unless reduced to writing and signed by an authorised representative of Beluga.
7.6 The address inserted on Beluga’s official quotation shall be the domicilium address nominated by the Buyer in terms of this agreement for the purpose of serving legal notices.
7.7 Whilst every effort will be made to ensure the accuracy of the information contained on Beluga’s website, brochure or quote, such information is subject to change at any time without prior notice and Beluga shall not be held liable for any inaccuracies on any website, brochure or quote supplied by it nor will Beluga be held liable for any damage or loss arising out of such incorrect or amended information.
8. Cancellation or Rescheduling of Event
8.1 If the Event is cancelled, postponed, interrupted, curtailed or materially altered due to a force majeure event, government restriction, adverse weather, safety concern, venue issue, supplier default or any reason beyond Beluga’s reasonable control, Beluga shall not be liable for any loss, damage, travel costs, accommodation costs or consequential damages suffered by the Buyer.
8.1.1 In the event of a cancellation where the Event is not rescheduled, any refund to the buyer shall be strictly limited to the amount actually recovered by Beluga from the event organizer, venue operator or relevant supplier, less any recoverable costs, administration fees, banking charges, taxes, service fees and third-party costs incurred by Beluga. Refunds shall only be processed once Beluga has received such funds and the Buyer has returned all Hospitality Package tickets, accreditation and related materials to Beluga.
8.1.2 If the Event is postponed or rescheduled to a new date, the Hospitality Package purchased by the Buyer shall automatically remain valid for the rescheduled Event date. No refund or credit shall be due should the Buyer be unable or unwilling to attend the rescheduled Event. Beluga may, in its sole discretion, consider a partial credit or transfer request if submitted in writing at least 30 days prior to the rescheduled event date.
8.2 Where an Event is cancelled, interrupted, abandoned, or shortened within 36 hours before its scheduled commencement time, or after commencement for any reason whatsoever, including force majeure or operational reasons, no refund shall be due to the Buyer, provided that Beluga has substantially fulfilled the Hospitality Package services.
8.3 If an Event is postponed, rescheduled or cancelled more than once, Beluga shall have no obligation to provide any additional refund, compensation or credit beyond any amount contemplated in clause 8.1.1 above.
9. Non-payment and Cancellation by the Buyer
9.1 Failure by the Buyer to make payment of any invoice amount on or before the due date shall constitute a material breach and/or deemed cancellation by the Buyer. Beluga reserves the right, without prejudice to any other rights it may have, to immediately cancel the booking, resell the Hospitality Packages and retain any amounts already paid and liquidated damages.
9.2 All Hospitality Package bookings are non-refundable once confirmed by Beluga, subject only to the limited provisions below. Any cancellation request by the Buyer must be submitted in writing and shall only be effective once acknowledged in writing by Beluga.
9.2.1 If cancellation is received more than 90 days prior to the Event, Beluga may, in its sole discretion, refund up to 75% of the purchase price after deduction of administration costs and any non-recoverable supplier payments.
9.2.2 If cancellation is received between 31 and 90 days prior to the Event, Beluga shall be entitled to retain 50% of the total purchase price (inclusive of VAT) as a cancellation fee.
9.2.3 If cancellation is received between 8 and 30 days prior to the Event, Beluga shall be entitled to retain 75% of the total purchase price (inclusive of VAT) as a cancellation fee.
9.2.4 If cancellation is received 7 days or less prior to the Event, or if the Buyer fails to attend the Event for any reason, the full purchase price shall be forfeited and no refund shall be payable.
9.3 Beluga reserves the right, at its sole discretion, to resell any cancelled Hospitality Packages without any obligation to account to the Buyer for proceeds recovered from such resale. No reversal, amendment or waiver of any cancellation shall be valid unless agreed to by Beluga in writing.
10. Indemnity
10.1 Beluga, its employee/s, officer/s, agent/s and/or invitee/s shall under no circumstances be held liable for any damages or loss suffered by the Buyer or any third party bearer of the Hospitality package sold to the Buyer, arising from any act or omission by Beluga, its employee/s, officer/s, agent/s and/or invitee/s and the Buyer hereby irrevocably indemnifies Beluga against such claims.