1. THE EVENT AND POP BOTTLES’ CONTRACT WITH YOU
1.1 Pop Bottles Entertainment (Pty) Limited and its partner, The Project Lab CC (collectively "Pop Bottles", "we", "our" and "us") are selling tickets to the “Pop Bottles Mauritius Event” (“the Event”). The Event will run from 15 to 18 December 2017 at the 5 star LUX* Belle Mare Resort in Mauritius.
1.2 When you buy a ticket to the Event (“Ticket”) you buy:
1.2.1 on LUX* Belle Mare’s terms and conditions, from time to time, which you can access by clicking here: LUX T&C’s ("LUX T&C's):
184.108.40.206 accommodation at LUX* Belle Mare, a 5 star resort in Mauritius, checking in after 14:00 on 15 December 2017 and checking out before 11:00 on 18 December 2017 (“the Accommodation”);
220.127.116.11 a food and beverages supplement (“the Supplement”) (if you would like a full list of what is included in the Supplement please email us on email@example.com);
18.104.22.168 access to all Pop Bottles Experiences at LUX* Belle Mare;
22.214.171.124 access on LUX* T&C's to LUX* Belle Mare's facilities such as water sports, beach soccer, yoga, swimming pools, tennis courts, LUX* Me Spa garden, fitness centre and volleyball;
1.2.2 on South African Airways SOC's terms and conditions of carriage (“the Airline T&C’s”) which you can access by clicking here: https://www.flysaa.com/help/legal/conditions-of-contract, an economy class return flight to Mauritius from Johannesburg including airport taxes (“the Flights”);
1.2.3 airport transfers (that is a bus ride from the airport to LUX* Belle Mare on 15 December 2017 and a bus ride from LUX* Belle Mare to the airport in Mauritius on 18 December 2017).
1.3 By buying a Ticket, you agree that your contract with Pop Bottles comprises:
1.3.1 these T&C’s; and
1.3.2 LUX* T&C’s; and
1.3.3 the Airline’s T&C’s.
1.4 THIS MEANS THAT WHEN YOU BUY A TICKET YOUR CONTRACT WITH POP BOTTLES COMPRISES THESE T&C’S PLUS LUX* T&C’S AND THE AIRLINE’S T&C’S.
1.5 BY BUYING A TICKET(S), YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THESE T&C’S, LUX* T&C’S AND THE AIRLINE’S T&C’S AND THAT THEY ALL BIND YOU UNCONDITIONALLY. IF YOU DON'T AGREE TO THIS, DON'T BUY TICKETS BECAUSE POP BOTTLES ONLY SELLS THE TICKETS IN TERMS OF THESE T&C’S PLUS LUX* T&C’S AND THE AIRLINE’S T&C’S.
1.6 Please read these T&C’s, LUX* T&C’s and the Airline’s T&C’s carefully and if you don't understand any of them, please ask us to explain them by emailing us at firstname.lastname@example.org or calling us on +27 011 783 6988 BEFORE you agree to them and buy Tickets. If you don't, these T&C’s, LUX* T&C’s and the Airline’s T&C’s will all bind you.
2. travel insurance condition
2.1 You must take out travel insurance covering you while you are in Mauritius at the Event of a value of at least ZAR10 million.
2.2 Please note that WE WILL NOT ALLOW YOU TO BOARD THE FLIGHT TO MAURITIUS AND YOU WILL FORFEIT THE PRICE OF YOUR TICKETS unless you prove to us that you have taken out travel insurance in terms of clause 2.1 by sending us written confirmation of that cover and that you have paid the premiums for it from your underwriters by 31 July 2017.
3. THE WEBSITE
3.1 You can buy Tickets on Pop Bottles Entertainment (Pty) Limited’s (“PBE”) website at www.popbottles.co.za and on related mobile websites and software applications (collectively "the Website").
3.2 PBE owns the Website. You do not get any rights in respect of the Website by accessing or using it.
3.3 You can only buy the Tickets if you register as a user on the Website. To do this, you need to give us a unique username, password and some personal information. Once this has been done you can only use the Website with your correct username and password.
3.4 DON'T LET ANYONE ELSE KNOW OR USE YOUR USERNAME AND PASSWORD. IF YOU DO, IT IS AT YOUR RISK. This means that you must pay for any Tickets ordered using your correct username and password, even if the orders are fraudulent or unauthorised.
3.5 BY USING THIS WEBSITE YOU WARRANT THAT YOU CAN LAWFULLY CONCLUDE A CONTRACT. YOU CAN ONLY BUY TICKETS AND/OR ATTEND THE EVENT IF YOU ARE OVER THE AGE OF 18.
4. CONSUMER PROTECTION ACT
4.1 If you are a consumer in terms of the Consumer Protection Act, 68 of 2008 ("the CPA"), these T&C’s also apply to you.
4.2 THESE T&C’S CONTAIN CLAUSES THAT LOOK SIMILAR TO THIS CLAUSE BUT:
4.2.1 WHICH LIMIT POP BOTTLES' LIABILITY AND RISK;
4.2.2 IN TERMS OF WHICH YOU ASSUME RISK OR LIABILITY;
4.2.3 IN TERMS OF WHICH YOU INDEMNIFY POP BOTTLES;
4.2.4 IN TERMS OF WHICH YOU ACKNOWLEDGE A FACT/S.
5. WHAT YOUR TICKET DOESN’T COVER
5.1 Your Ticket only includes the services listed in 1.2. Everything else costs extra and you are responsible for those extra costs.
5.2 We can’t give you a complete list of the extras not covered by your Ticket, but remember that you must:
5.2.1 at your cost, obtain a valid passport, visa (if applicable) and any other travel authorisation which you need to be able to travel to the Event;
5.2.2 at your cost, get all any vaccinations and health checks required;
5.2.3 at your cost, get to O R Tambo Airport in Johannesburg in time to catch the Flight to Mauritius;
5.2.4 at your cost, get from O R Tambo Airport in Johannesburg to your home;
5.2.5 pay the cost of all food and beverages excluded from the Supplement which you will buy directly from LUX* Belle Mare on the LUX* T&C’s;
5.2.6 be responsible for any damages you cause to any property or person during the Flights or the Event.
6.1 Pop Bottles may have sponsors for the Event. If it does, any products which compete with sponsor products won't be available at the Event even if they are on Lux* Belle Mare's menus.
6.2 Please note that Lux* Belle Mare's failure to serve products which compete with sponsored brands having exclusive rights in relation to the Event is a consequence of Pop Bottles' sponsorship arrangements which apply to the Event and should not be construed as poor service or poor standards for a 5 star resort.
Tickets for the Event are limited. They are sold on a First Come First Served basis. If there are no Tickets available when you book, you can put your name on a waiting list here: email@example.com If you’re on the waiting list we’ll let you know if there are any cancellations.
8. THE PRICE AND PAYMENT
8.1 You can see the price of your Ticket on our booking system. This price only covers the goods and services described in clause 1.2. IT DOES NOT INCLUDE ANYTHING ELSE.
8.2 You aren’t entitled to participate in the Event until you’ve paid the whole price of the Ticket to Pop Bottles.
8.3 We take reasonable steps to ensure that our online payment facilities are secure. All transactions are encrypted.
8.4 The price of each Ticket is expressed in US Dollars on our Ticket reservation software. The price of your Ticket varies depending on your Accommodation and Supplement selections. The price of your Ticket(s) (calculated on the basis of your selections) is set out on our Ticket reservations software. If you process your payment from South Africa then the exchange rate which will apply will be that which is applied by our Ticket reservations software on the date you make that payment.
8.5 You can pay the full price for your Ticket(s). Between 27 April 2017 and 15 August 2017 only you can choose to pay the price for your Ticket(s) in 4 instalments.
8.6 If you want to pay in instalments YOU MUST BOOK YOUR TICKET BETWEEN 08:00 ON 27 APRIL 2017 AND 24:00 ON 15 AUGUST 2017 and:
8.6.1 you must pay 25% of the price of your Ticket(s) expressed in US Dollars on the day you make your booking (by not later than 24:00 on 15 May 2017);
8.6.2 you must pay 25% of the price of your Ticket(s) expressed in US Dollars by 24:00 on the day before the date which corresponds to your booking date for the next 3 months (so for example, if you booked on 26 June 2017, you must pay 25% on 26 June 2017 and then 25% on each of 25 July 2017, 25 August 2017 and 25 September 2017);
8.6.3 if you are paying in any currency other than US Dollars, the exchange rate which applies to each instalment will be that which applies on the date you pay that instalment;
8.6.4 IF YOU DO NOT PAY AN INSTALMENT WHEN DUE, YOU WILL NO LONGER BE ENTITLED TO PAY IN INSTALMENTS AND YOU MUST PAY THE WHOLE OUTSTANDING BALANCE OF THE PRICE WITHIN 5 BUSINESS DAYS AFTER THE DATE WHEN PAYMENT OF THE INSTALMENT WAS DUE;
8.6.5 if you don’t pay an instalment when due, we send you an SMS and/or email to the cell phone number and/or email address you give us when you book your Ticket warning you that:
126.96.36.199 you have not paid when due;
188.8.131.52 IF YOU DON’T PAY THE WHOLE OUTSTANDING BALANCE OF THE PRICE WITHIN 5 BUSINESS DAYS AFTER THE MISSED INSTALMENT PAYMENT DATE, YOUR TICKET BOOKING WILL BE CANCELLED AND YOU WILL BE LIABLE FOR A REASONABLE CANCELLATION FEE WHICH MAY BE ALL OF THE PRICE ALREADY PAID, DEPENDING ON WHETHER WE CAN SELL YOUR TICKET TO SOMEONE ELSE PLUS AN ADMINISTRATION FEE OF ZAR500.00 PER PERSON.
8.7 If you want to pay in instalments, you must make your ticket booking BETWEEN 08:00 ON 27 APRIL 2017 AND 24:00 ON 15 AUGUST 2017. IF YOU DO NOT DO SO, YOU WILL NOT BE ABLE TO PAY IN INSTALMENTS AND YOU WILL HAVE TO PAY THE WHOLE PRICE OF THE TICKET AT ONCE.
8.8 You can pay us using a credit card or by electronic funds transfer ("EFT") or by cash deposit.
8.9 If you pay us by credit card:
8.9.1 we may ask you for extra information so we can verify or authorise the payment;
8.9.2 your Ticket booking won’t be confirmed until we receive that information; and
8.9.3 your Ticket booking will be rejected if the payment isn't verified or authorised.
8.10 If you want to pay us by EFT or direct deposit, let us know and we'll send you our bank details. Your Ticket booking is not confirmed until we receive your payment into our bank account.
8.11 Within 30 Days after the date on which we confirm your Ticket booking, you can contact us by email at firstname.lastname@example.org to get a full record of your transaction.
9.1 We will send you a digital booking confirmation when you book the Ticket and pay the price or your first instalment, if applicable.
9.2 Once you've paid the whole price, we will deliver the Tickets to you using our courier. The documents comprising your Ticket will be an Accommodation booking confirmation, the tickets for the Flights and a coupon for your airport transfers.
9.3 As long as you've paid for them in full, we'll deliver your Tickets to you by 31 October 2017. If you don't receive your Tickets by 31 October 2017, please call us on +27 011 783 6988 or email us on email@example.com
9.4 We've met our delivery obligation when we deliver the Tickets to the physical address you nominate for delivery and we will not be responsible if the Tickets are lost or damaged after delivery.
9.5 If you want to transfer your Ticket to someone else, you must call us on +27 011 783 6988 or email us on firstname.lastname@example.org to process that transfer. We will charge you an administration fee of USD40 per person. for processing your Ticket transfer. YOU CANNOT TRANSFER YOUR TICKET TO ANYONE ELSE AFTER 15 OCTOBER 2017.
10. DIRECT MARKETING cooling off period CANCELLATION RIGHTS
10.1 If you've bought the Tickets resulting from direct marketing then you may cancel the sale, without reason or penalty, by emailing a written notice of cancellation to us at email@example.com within 5 Business Days after the date you make your Ticket booking.
10.2 If you cancel your Ticket booking, you are entitled to a full refund of any amount paid. We'll pay that refund to you within 15 Business Days after we receive your notice of cancellation.
11. OTHER CANCELLATIONS
11.1 You may cancel your Ticket booking but if you do so other than in terms of clause 10 or because of your death or hospitalisation, we will impose a reasonable charge in respect of that cancellation.
11.2 We will try to resell your Ticket if you cancel but as we still have to pay for the Accommodation, your Flights, your Supplement and other costs of the Event, THEN UNLESS WE CAN RESELL YOUR TICKET, OUR CANCELLATION CHARGE WILL BE THE SUM OF THE AMOUNTS WE HAVE TO PAY IN RELATION TO YOUR TICKET PLUS A FEE OF US DOLLARS 40 PER PERSON FOR PROCESSING YOUR CANCELLATION AND TRYING TO RESELL YOUR TICKET. THIS MAY MEAN THAT YOU DO NOT GET REFUNDED ANY OF THE TICKET PRICE WHICH YOU PAID.
12. delays, IMPOSSIBILITY and service standards
AS WITH ANY TRAVEL, THERE IS THE POSSIBILITY OF UNAVOIDABLE DELAY AND CIRCUMSTANCES BEYOND OUR CONTROL WHICH MAKE IT IMPOSSIBLE FOR US TO PROVIDE YOU WITH ALL OR SOME OF THE SERVICES TO WHICH YOUR TICKET ENTITLES YOU. IF THERE IS ANY UNAVOIDABLE DELAY OR IMPOSSIBILITY EVENT IN RELATION TO THE EVENT, WE WILL NOTIFY YOU AS SOON AS POSSIBLE AFTER WE BECOME AWARE THEREOF. WE ARE NOT LIABLE FOR ANY UNAVOIDABLE DELAY OR IMPOSSIBILITY EVENT OR THE CONSEQUENCES THEREOF.
13.1 The LUX* T&C’s and the Airline’s T&C’s set out the only warranties given in relation to the Accommodation, the Supplement and the Flights. We will take reasonable steps to ensure that the services described in the Ticket are provided to a reasonable standard but we don't give any warranties other than those in the LUX* T&C’s and the Airline’s T&C’s.
13.2 When we deliver your Ticket to you, we cede to you our rights in terms of the LUX* T&C's and the Airline T&C's respectively and in exchange for us doing so, you agree that YOU WAIVE ANY CLAIM YOU HAVE AGAINST US IN RELATION TO THE EVENT, INCLUDING THE ACCOMMODATION, THE SUPPLEMENT AND THE FLIGHTS.
14.1 If you register as a user on the Website, you consent to us collecting, collating, processing or disclosing some of your personal information. IF YOU PROVIDE US WITH PERSONAL INFORMATION OF ANY OTHER PERSON, BY DOING SO YOU WEREN'T THAT YOU HAVE OBTAINED THEIR CONSENT TO DO SO AND YOU INDEMNIFY US AGAINST ANY CLAIMS WHICH ARISE BECAUSE WE PROCESS THE PERSONAL INFORMATION.
14.2 Subject to clause 14.3, unless you agree, we won't:
14.2.1 use the personal information you provide to us for anything other than processing your transactions on the Website and in connection with the Event and your Ticket;
14.2.2 share the personal information you provide to us with any third party other than as necessary to carry out our obligations to you in terms of your transactions on the Website and your Ticket such as our courier, your financial institution, LUX* Belle Mare, LUX* Hospitality Limited, South African Airways SOC and we'll keep a record of every third party to whom we disclose your personal information;
14.2.3 tell you about new events;
14.2.4 contact you for market research purposes.
14.3 We may use or disclose your personal information as required by law or any court order or legal process served on us.
14.4 WE WILL TAKE REASONABLE STEPS TO PROTECT YOUR PRIVACY BUT WE DO NOT ACCEPT ANY LIABILITY FOR UNAUTHORISED OR UNLAWFUL DISCLOSURE OF YOUR PERSONAL INFORMATION WHILE IT IS IN OUR POSSESSION OR UNDER OUR CONTROL AND WHICH IS MADE BY THIRD PARTIES WHO ARE NOT SUBJECT TO OUR CONTROL, UNLESS WE ARE GROSSLY NEGLIGENT.
15. website disclaimer
15.1 YOU USE THE WEBSITE AT YOUR OWN RISK.
15.2 We take reasonable steps to keep the Website secure but we don't warrant in any way that the Website is free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. WHEN YOU USE THE WEBSITE, YOU ACCEPT ALL RISK ASSOCIATED WITH THE EXISTENCE OF SUCH VIRUSES, SPYWARE, MALWARE, TROJANS, DESTRUCTIVE MATERIALS OR OTHER DATA OR CODE.
16. event disclaimer, limitation of liability AND INDEMNITY
16.1 YOU ATTEND AND PARTICIPATE IN THE EVENT AT YOUR OWN RISK. WE WILL TAKE REASONABLE STEPS TO ENSURE THAT THE FLIGHTS, THE ACCOMODATION, THE SUPPLEMENT AND THE ENTERTAINMENT AT THE EVENT IS SAFE BUT WE DO NOT GIVE ANY WARRANTIES IN THIS REGARD.
16.2 POP BOTTLES’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND, CAUSED IN ANY WAY, WHETHER DIRECTLY OR INDIRECTLY, IS LIMITED TO THE PRICE OF THE TICKET YOU BUY FROM US. POP BOTTLES IS NOT LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES WHICH YOU SUFFER AND WHICH ARE CAUSED IN ANY WAY BECAUSE YOU BUY OR USE A TICKET INCLUDING TRAVELLING ON THE FLIGHTS, USING THE ACCOMODATION AND SUPPLEMENT AND ATTENDING OR PARTICIPATING IN ANY OF THE ENTERTAINMENT DURING THE EVENT OR BECAUSE YOU ACCESS, USE OR RELY ON THE WEBSITE OR ANY OF ITS CONTENT.
16.3 TO THE EXTENT ALLOWED BY LAW, YOU INDEMNIFY POP BOTTLES AGAINST ANY CLAIM OF ANY KIND, CAUSED IN ANY WAY, WHETHER DIRECTLY OR INDIRECTLY AND WHICH CLAIM IS MADE AGAINST POP BOTTLES BY ANY OTHER PERSON AND WHICH RELATES TO YOUR PURCHASE AND USE OF THE TICKET, INCLUDING ANY CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR TRAVELING ON THE FLIGHTS, USING THE ACCOMMODATION AND/OR SUPPLEMENT AND ATTENDING OR PARTICIPATING IN ANY OF THE ENTERTAINMENT DURING THE EVENT.
17.1 In terms of the Electronic Communications and Transactions Act, 25 of 2002, ("ECTA") our informationis as follows:
Full name and legal status: Pop Bottles Entertainment (Pty) Ltd
Registration number: 2014/212858/07
Place of registration: South Africa
Office bearers: Boitumelo Mooi
Main business: Presenting and selling events
Physical address: 1196 Diepkloof Ext
Telephone number: 011 783 6988
Website address: www.popbottles.co.za
Email address: firstname.lastname@example.org
Full name and legal status: The Project Lab CC
Registration number: 2011/079218/23
Place of registration: South Africa
Office bearers: Lance Crouch
Main business: Presenting and selling events
Physical address: 14 Outspan Road
Telephone number: +27 011 783 6988
Website address: no website
Email address: email@example.com
18. notices and addresses for service
18.1 Every notice or communication given in terms of these T&C’s must be:
18.1.1 in writing;
18.1.2 sent by hand or e-mail to Pop Bottles' addresses set out below, which physical addresses we choose as our address for service of all notices and legal processes:
P.O BOX 843
18.1.3 sent by hand or e-mail to the address which you nominate as the delivery address when you transact using the Website.
18.2 The physical addresses we choose in these T&C’s are our respective addresses for service of all notices and legal processes.
18.3 Either of us may change our addresses and if we do so, we must notify each other of the new address.
18.4 Any notice or communication will:
18.4.1 if delivered by hand during business hours (between 08h00 and 16h00 on business days) at our chosen addresses, be deemed to have been received on the date of delivery;
18.4.2 if sent by e-mail to our chosen email addresses, be deemed to have been received on the first business day after the date on which it was transmitted from the information system under the sender’s control.
18.5 Any written notice or communication which has actually been received is sufficient notice even if it has not been sent as required by these T&C’s.
19. THE FINE PRINT
19.1 These T&C’s, the LUX* T&C’s and the Airline’s T&C’s are together the whole agreement between us. They contain all the express terms and conditions that we’ve agreed.
19.2 Neither of us may rely on any representation which allegedly induced that party to conclude this agreement, unless the representation is recorded in this agreement.
19.3 Any relaxation by either of us of our respective rights in terms of these T&C’s, the LUX* T&C’s and the Airline’s T&C’s does not prevent us enforcing those rights in future.
19.4 In these T&C’s when the word "including" is used and specific examples are given, this does not limit the general scope of the clause.
19.5 South African law applies to these T&C’s and the Airline T&C’s. Mauritean law applies to the LUX* T&C’s.
19.6 Even if these T&C’s, the LUX* T&C’s and the Airline’s T&C’s terminate, those provisions intended to apply after termination continue to apply.
19.7 In these T&C’s:
19.7.1 "Day" means a calendar day;
19.7.2 "Business Day" means any day other than a Saturday, Sunday or public holiday within South Africa;
19.7.3 whenever any number of days has to be calculated in terms of these T&C’s, that calculation excludes the first day and includes the last day unless the last day falls on a Saturday, Sunday or public holiday in South Africa in which case the last day will be the next succeeding Business Day.
19.8 Amounts mentioned in these T&C’s and on the Website exclude value-added tax and any other applicable tax.
19.9 Whoever breaches these T&C’s must pay the other party's legal costs on an attorney and client scale and on a full indemnity basis.