Terms & Conditions

GENERAL TERMS AND CONDITIONS

1.1 Purpose: The following terms and conditions (T&Cs) govern all participants attending events organized by Pickering International Charters Pty Ltd. (hereinafter referred to as “the Company”).

1.2 Acceptance: By registering for any event organized by the Company, participants agree to be bound by these T&Cs.

The following terms and conditions, comprising four sections: general terms and conditions, ticketing, conditions of entry to the venue, and corporate hospitality additional terms and conditions (for those purchasing this option), govern the purchase of tickets and attendance at the racing event at the PICKERING INTERNATIONAL CHARTERS PTY LTD (Event). A purchaser of ticket(s) to the Event is referred to in these terms and conditions as “you”, “your” or “customer”.

PICKERING INTERNATIONAL CHARTERS (ABN: 73 688 806 602) reserves the right to refuse entry/registration and to exclude any objectionable or intoxicated persons from the Event/venue without liability. The Event Organiser reserves the right to refuse entry/registration to people deemed to be competitors of Event partners/sponsors or if an objection is raised by an Event partner/sponsor. The Event Organiser retains the right to require any person to leave the venue or Event if that person:

Engages in conduct which unreasonably interferes with other persons wishing to enjoy the Event;
Hampers or impedes the provision of hospitality by the Event Organiser to other clients and/or the conduct of the Event;
Breaches any laws, by-laws, orders or other rules applicable to the venue or the Event;
could have been refused entry/registration pursuant to these terms and conditions; or
is not observing their obligations under these terms and conditions.

If a person fails to leave the venue after being requested to do so then your licence to remain at the venue shall automatically be revoked.

Cancellation Policy / Disclaimer

There are no exchanges or refunds except as required by law. If you are unable to attend, another person may attend in your place provided they hold the required ticket. If a refund is made, the Event Organiser may retain an administration fee of 10% of the purchase price. The Event Organiser reserves the right to add, withdraw, reschedule and/or vary advertised programmes and/or the Event format.

Privacy

The information supplied on registration or at the Event will be shared and used by the Event Organiser and partners/sponsors of the Event. Unless you advise the Event Organiser otherwise, your nome and contact details will be included in the list of event participants distributed to partners/sponsors of the Event. By registering for this Event you are automatically subscribed to our database. If you wish to be removed from this database please let us know in writing and we’ll have you removed immediately. You are also welcome to unsubscribe at any time in the future by notifying the Event Organiser or our partners/ sponsors from whom you receive communications.
Use of Personal Information: Personal information collected from participants will be used only for the purpose of organising the event, unless the participant has opted in for future communications.
Confidentiality: The Company commits to keeping participant information confidential and secure.
Intellectual Property: Materials: All intellectual property rights in materials produced or distributed by the Company in relation to the event are reserved by the Company.

Payment by invoice

Where payment is not made by the due date. the Event Organiser reserves the right to charge additional default interest of 15% per annum (accruing daily] from the applicable due date until the date of actual payment. The charging of interest does not imply the granting of any extension of any credit terms. Any expenses, disbursements and legal costs incurred by the Event Organiser in the collection of outstanding monies shall be paid by the customer.

Personal Guarantee

Where the customer is a limited liability company the Event Organiser regards the directors/shareholders personally liable for payment of all the Event Organiser’s fees/disbursements and that in the event of the debtor company being in default of its obligations under this agreement to the Event Organiser, the Event Organiser shall be entitled to sue those directors/shareholders personally for recovery of those monies.

Booking Procedure

Following a request being made by a purchaser of ticket(s) to the Event Organiser or its agent (“Seller”), booking confirmation will be issued by email. Execution of the booking shall be deemed to be acceptance by the customer of these terms and conditions. Upon receipt of the booking in writing the Seller will send the customer confirmation and corresponding invoice(s) which are payable by the due date stipulated on the invoice.

Customer Obligations

You agree to (as applicable):

Pay all monies due and owing when specified;
Pay interest at 15% per annum calculated on a daily basis an all sums unpaid from the due date for payment until payment is received by the Seller;
Pay to the Event Organiser any costs incurred by the Event Organiser in recovering sums owed hereunder or damages for non- performance hereof including legal costs on a full indemnity basis;
Not bring any food or alcoholic beverages to the Event and further agree that alcoholic beverages may be consumed only as directed by the Event Organiser, the principals. officers or administration of the venue;
Comply with the non-smoking restrictions at the venue;
Comply with the requirements of the venue owner/manager, any competent local or statutory authority or with the laws or other rules and regulations of any other relevant authority;
Not damage the Venue or any port of it nor any property of the Event Organiser (or its licensors, contractors, assigns. partners or successors) and indemnify the Event Organiser in respect of any damage caused by you or your invitees’ wilful, negligent, or inadvertent act.

The Event Organiser’s Responsibilities

The Event Organiser shall organise and provide the tickets as detailed in the booking and in doing so will use all reasonable care and skill. Except to the extent that the Event Organiser’s liability may not be excluded by law:

(a) The Event Organiser will not be liable for any loss or damages arising in connection with your purchase of tickets to the event, your attendance at the Event or any cancellation. rescheduling or change to the Event, including but not limited to loss of income, profits, interest, opportunity or loss of market, and whether such losses may be direct, or special, or indirect or consequential, and whether or not the Event Organiser had knowledge that such damages may be incurred; and

(b) The Event Organiser shall not be liable in respect of goods or services that it does not supply in providing any hospitality or which are additional to the hospitality described in the booking. VAT (or any other applicable tax) at the rate of 20% shall be payable in addition to the price.

Food Allergy Notice

Attendees are responsible for informing the Event Organiser of any food allergies or dietary restrictions upon registration. While we make efforts to accommodate dietary needs, we cannot guarantee that meals are completely free from specific allergens. The Event Organiser is not liable for adverse reactions to food consumed or items one may come into contact with while at the event. Your registration and attendance signify your understanding and acceptance of this policy.:

Liability

Personal Loss: The Company accepts no responsibility for loss or damage to personal property of the participants.
Personal Injury: The Company is not liable for any personal injuries sustained by participants during the event. Participants are responsible for their own safety.

Cancellation

There are no exchanges or refunds except as required by law. The Event Organiser reserves the right to add, withdraw. reschedule or substitute entertainment and/or vary advertised programmes. Without limiting any other provision hereof, the Event Organiser has no liability to make any refund to you except as set out below. In particular, but without limitation, if the Event is cancelled or postponed for any reason, neither the Event Organiser nor any of its agents will be liable for any costs you may have incurred in relation to your planned attendance at the Event, including travel and accommodation costs. The Event Organiser recommends that you obtain appropriate insurance cover for such costs.

GOVERNING LAW AND JURISDICTION

Applicable Law: These T&Cs shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company operates.
Dispute Resolution: Any disputes will be resolved through negotiation; if unresolved, they will be submitted to arbitration under the rules of the designated legal authority within the jurisdiction.

GENERAL

Compliance with Laws: Participants agree to comply with all applicable laws and regulations.
Amendment of Terms: The Company reserves the right to amend these T&Cs at any time

WATER SAFETY

Introduction
These Terms and Conditions (“Terms”) govern all participants’ conduct regarding water safety during yachting activities and rope transfers in tenders (“Activities”). By participating in these Activities, individuals (“Participants”) agree to abide by these Terms to ensure the safety and well-being of all individuals involved.
Compliance with Safety Protocols
2.1 Participants must follow all safety protocols, instructions, and guidelines provided by the organizers, captains, or any designated authority (“Authority”) during the Activities.
2.2 Participants are required to participate in all safety briefings and demonstrations prior to engaging in any Activities.
2.3 The use of safety equipment provided by the Authority is mandatory at all times during participation in the Activities.
Acknowledgment of Risks
3.1 Participants acknowledge that engaging in the Activities involves inherent risks and dangers, including but not limited to, the risk of personal injury, death, or property damage.
3.2 Participants voluntarily assume all risks associated with the Activities, both known and unknown, even if arising from the negligence of the Authority, and assume full responsibility for their participation.
Prohibition of Intoxicants
4.1 Participants must not be under the influence of any intoxicants, including alcohol and drugs, which may impair their ability to safely engage in the Activities.
4.2 The Authority reserves the right to deny participation to any individual suspected of being under the influence of intoxicants.
Health and Fitness Requirements
5.1 Participants must be in good physical and mental health and possess a level of fitness appropriate for the Activities.
5.2 Participants must inform the Authority of any medical conditions, disabilities, or other factors that may affect their ability to safely participate in the Activities.
Indemnification and Release
6.1 Participants agree to indemnify and hold harmless the Event Organiser against any claims, damages, liabilities, costs, and expenses arising out of their participation in the Activities.
6.2 Participants release the Event Organiser from any claims, damages, injuries, or losses incurred as a result of participating in the Activities.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Activities take place, without giving effect to any principles of conflicts of law.
Agreement to Terms
By participating in the Activities, Participants agree to be bound by these Terms, which constitute a binding legal agreement between the Participant and the Authority.

Force Majeure – Covid 19

Neither party will be liable for failure or delay to perform obligations under this Agreement, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable party, including any change forced on a party by a government directive, regulation or law relating to mass gatherings and/or pandemic issues.

For the purposes of this clause a Force Majeure event includes but is not limited to such circumstances Covid-19. pandemics. natural disasters or acts of God; acts of terrorism; labor disputes or stoppages; war: government acts or orders: epidemics, pandemics or outbreak of communicable disease; quarantines: national or regional emergencies; or any other cause, whether similar in kind to the foregoing or otherwise. beyond the party’s reasonable control.

Written notice of a party’s failure or delay in performance due to force majeure must be given to the other party no later than five (5) business days following the force majeure event commencing, which notice shall describe the force majeure event and the actions taken to minimise the impact thereof. All delivery dates under this Agreement affected by force majeure shall be tolled for the duration of such force majeure. The parties hereby agree, when feasible, not to cancel but reschedule the pertinent obligations and deliverables for mutually agreed dates as soon as practicable after the force majeure condition ceases to exist.

Neither party is excused from any obligation to pay money because of a Force Majeure Event, despite any other provision of this agreement. If a delay by either party arising directly out of a Force Majeure Event continues for more than 30 Business Days, then either party may, at its discretion terminate this Agreement by giving 10 Business Days notice to the other Party.

Covid 19 – Changes to Ticket terms

Both parties acknowledge and agree that the Event Organiser is subject to the governments’ management of the COVID-19 outbreak, and health directives and changes in regulations.

Whilst we have been anticipating a variety of scenarios, there may still be more changes to the Governments ban on mass gatherings that will affect our upcoming events and accordingly each party agrees that if required or recommended, the Event Organiser may take any action including but not limited to reassigning seating to comply with social distancing rules, requiring customers to wear masks or modifying, cancelling or suspending in whole or part any matter directly or indirectly related to the event, the venue or the ticket terms.