Terms and Conditions
Terms and Conditions – AFC Asian Cup Hospitality
- Definitions - The following words have the following meanings: "Client" shall mean the legal person or persona with whom the Company contracts to provide the Services; "Company" is AFC Asian Cup Hospitality, a trading name of MatchPoint FZ LLC, a limited liability company registered in Media Zone Authority – Abu Dhabi with registered number 711 and registered address at PO Box 769671, Abu Dhabi, United Arab Emirates; "Conditions" shall mean these terms and conditions; "Event" shall mean the AFC Asian Cup UAE 2019; "Force Majeure" small mean any incident, event or cause beyond the reasonable control of the Company which prevents or hinders the performance of the Event or the Services including but not limited to decisions or actions of any governmental authority, governing body of the Event, Emirati decree or period of national mourning; "Price" shall mean the price quoted for the Services and/or Event plus all (if any) value added taxes, other taxes and government fees or levies (or the equivalent thereof in other Emirates); "Services" shall mean the provision of booking facilities, passes, corporate hospitality, event information and any other services provided by the Company; and "Working Day" shall mean a day (other than a Friday or Saturday) on which banks are open for business in the United Arab Emirates.
- Contract- The Company contracts only on the Conditions contained herein. The Conditions take precedence over any terms or conditions subsequently issued by the Client. All contracts and transactions relating to the provision of the Services by the Company whether verbal or in writing, are subject to these Conditions which shall be deemed to be incorporated into any contract between the Company and the Client. If the Company accepts the Client's reservation request, it shall issue an invoice for the amount to be paid. The issue of the invoice/receipt by the Company shall constitute acceptance of the offer and conclusion of the contract.
- Payment - Payment of the Price shall be paid by the Client as follows:
a) A non-refundable deposit of fifty percent (50%) of the Price, or such amount as otherwise stated at the time of booking, must be paid to the Company within ten (10) Working Days from the date of booking,
b) Final balances must be paid to the Company not later than (i) thirteen (13) weeks prior to the first day of the Event or,(ii) if the booking is made within thirteen (13) weeks of the first day of the booked Event, the price must be paid to the Company within five (5) Working Days from the date of booking.
In the event of the Price, or any part thereof being outstanding after the due date for payment, the Company at their sole discretion reserves the right to cancel the booking and resell the Services.
- Amendments/Cancellations- Cancellation or alterations of bookings may be accepted at the sole discretion of the Company. In the event of the Client wishing to alter or cancel the booking any such alteration or cancellation request must be made in writing to the Company. On receipt of such cancellation or alteration request, the following scale of cancellation and alteration charges will be applied and due and payable to the Company (whether already paid or not):
a) Cancellation Fee - i) Up to thirteen (13) weeks before the first day of booked Event – fifty percent (50%) of the Price. ii) Less than thirteen (13) weeks before the first day of booked Event – one hundred percent (100%) of the Price.
b) Amendment Fee- Where the Company is willing and able to accept alterations or amendments, an administration charge may be added to final balance for each amendment made to the original booking, save where the amendment increases the size of the original booking. Cancellation and amendment charges are not intended to be penal, but are an estimate of the loss that may be caused to the Company. The Company will use reasonable endeavours to re-sell the Services.
- Clients Duties - It is the Client’s responsibility to check whether there are any restrictions placed on entry to the Event, such as age restrictions, dress code restrictions, or prohibitions on the sale of alcoholic beverages at certain venues before making a booking. The Company and staff of the venue reserve the right to refuse entry to the Event or to provide the Services to any Client or any Client's guest on the day of the Event if the Client or guest behaves in any manner which is in the opinion of the Company (or the staff at the venue) likely to cause offence or injury to any other party, infringe the intellectual property rights of any third parties, offend Islamic principles or breach any laws or regulations or the United Arab Emirates, or any rules or regulations of the venue or Event, or any general ticketing terms and conditions of the Event. The Company will not be held liable and will not refund any element of the Price if entry to the Event is refused or the Client or a Client’s guest is asked to leave the Event for such reasons. Without prejudice to the foregoing, the Client shall indemnify and keep the Company fully and effectively indemnified against any loss, damage, cost, expense or injury incurred or suffered by the Company, which relates to or arises out of the acts or omissions of the Client or the Client's guests. This obligation shall be without limit of time or liability.
- Disclaimer - a) Alterations to the Event programme: The Company shall make every reasonable effort to adhere to the Event programme but the Company is authorised to alter or omit or change the Services for any cause which the Company in their absolute discretion shall consider to be just and reasonable. In the event that the Company is obliged to make any material changes in the Services or cancel them as booked by the Client for any reason other than an event of Force Majeure, the Company will always use all commercially reasonable endeavours to ensure that arrangements offered are of at least equal or superior standards.
b) The Company reserves the right to pass on any price increases from suppliers or official fees to the Client. Such increase must be paid to the Company before any tickets can be issued or the Event staged.
c) If the Price is materially increased or the Company unreasonably alters the Service or the package of any Events the Client shall be entitled to cancel the contract concerned by giving written notice to be received by the Company within forty eight (48) hours of the Client having been notified of the change. In this event the Client shall be entitled to a full refund of the monies paid in respect of the Service or Event concerned provided that the Client shall indemnify the Company for all costs, liabilities and obligations incurred by the Company on behalf of the Client subject to any refunds which the Company may be able to obtain and provided that the Company shall be entitled to retain the Deposit.
d) Cancellation by the Company of one or more Events or Service shall not entitle the client to cancel any contract for other Event or Service.
e) The Company is not the organiser of the Event and has no control over the running of the Event or Services and all details and descriptions in relation thereto are for guidance purposes only.
f) The Company shall not be held liable for any omission by any person not employed directly by the Company. The Company has no control over the Events and does not have any say and cannot accept any liability for the actions or omissions of the organisers, promoters or operators of the Events or their servants, agents or employees.
g) The Company give no warranties that the Event or Services shall take place at the time and place stipulated or at all. The Company shall not be liable to give any refund should an Event be postponed or cancelled except where the Client has insured against such postponement or cancellation.
h) The Client hereby acknowledges that the Company has no control over the pricing policy of tickets for the Event and that any description of the tickets including the position of seats is a matter for which the Company shall have no liability.
i) If a party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by an event of Force Majeure (Affected Party), the Affected Party shall not be in breach of these Conditions or otherwise liable for any such failure or delay in the performance of such obligations regarding the Event or Service. This provision shall not relieve the Client of its obligation to pay for all Events completed pursuant to a booking or to indemnify the Company for obligations incurred by the Company as agent of the Client or oblige the Company to repay the deposit.
- Liability- i) In all arrangements involving third parties the Company act only as agent of the Client and no liability of any kind whatsoever shall be attached to the Company in connection with or arising from such arrangement with a third party.
ii) The Company will not be responsible for loss, damage, injury to any Client or third party or their property, howsoever caused.
iii) Company’s total liability under or in relation to these Conditions will under no circumstances exceed the Price paid by the Client for the Service or Event package.
iv) Without prejudice to Clause 7(iii), the Company shall not under any circumstances whatsoever be liable to the Client, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any special, indirect or consequential damage suffered by the Client that arises under or in connection with these Conditions.
- Agency Status - Unless expressly stipulated otherwise the Company acts at all times as an agent for the Client. Client shall indemnify and keep the Company fully and effectively indemnified against any loss, damage, cost, expense or injury incurred or suffered by the Company in carrying out its role as agent. The Company sources event products and services on behalf of the Client and provides no warranty as to their quality, availability, fitness for purpose, nor that they will be provided nor take place at all.
- Termination- The Company may terminate any contract with immediate effect by giving written notice (without the need of a court order or anything further) to the Client if any of the following circumstances arise (i) if the Client commits a material breach of these Conditions and (if that breach is remediable) fails to remedy that breach within seven (7) of being notified in writing to do so; or (ii) if any event of Force Majeure prevents the Event or Services from taking place. Upon the expiry or termination of any contract the Client shall make any payments due for the Event or the Services.
- Assignment - These Conditions and any tickets for the Event are personal to the Client. The Client shall not (i) assign, transfer, sub-licence, charge or otherwise encumber or deal with in any other manner, any of its rights or obligations or interest under or arising from these Conditions or (ii) resell any tickets to the Event without the Company's prior written consent.
- Governing Law and Dispute Resolution - These Conditions and any dispute arising out of or in connection with these Conditions, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge, termination or applicable remedies, shall be governed by the and construed in accordance with the laws of Abu Dhabi and the United Arab Emirates, and shall be subject to the exclusive jurisdiction of the Courts of Abu Dhabi.
Updated 26 June 2018