The Motorsport Shop Pty Limited terms and conditions for all F1 and Grand Prix Hospitality Ticket Package when buying tickets, hospitality packages and hotels.
The Motorsport Shop Pty Limited terms and conditions also provide in some cases roll over to the following year.
The Motorsport Shop Pty Limited terms conditions all F1 and Grand Prix Hospitality Ticket Package questions you can email us or call mobile.
The Motorsport Shop Pty Limited terms conditions all F1 and Grand Prix Hospitality Ticket Package are set under New South Wales, Australian law.
Company owner is The Motorsport Shop Pty Ltd
ABN 31 056 384 895 ASIC REGISTERED.
In this Agreement the following words or phrases shall, unless the context otherwise requires, have the following meanings:
Agreement: the agreement between The Motorsport Shop Pty Limited and the Client which incorporates the quote to Quote to Invoice and these Terms.
Quote to Invoice the Grand Prix Hospitality Ticket Package – Quote to Invoice to which these Terms and Conditions are attached.
Client: the person identified as such on the Quote to Invoice.
Event: the Grand Prix Hospitality Ticket Package specified on the Quote to Invoice; Pandemic or Epidemic disease: any disease or virus that may cause delay or a cancellation of an event or Grand Prix.
Extras Charges: additional charges incurred by The Motorsport Shop Pty Limited 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 The Motorsport Shop Pty Limited pursuant to clause
Grand Prix Hospitality Ticket Package: the provision of a high quality luxury corporate Grand Prix Hospitality Ticket 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 Grand Prix Hospitality Ticket Package ;
The Motorsport Shop Pty Limited: The Motorsport Shop Pty Ltd, PO Box 27, South Hurstville NSW 2221
Social Media: Includes at least Facebook, Instagram, Twitter, Pinterest, LinkedIn, Tumblr, Tik Tok.
Terms: these The Motorsport Shop Pty Limited Terms and Conditions.
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 The Motorsport Shop Pty Limited of the Fee and the Extras Charges, The Motorsport Shop Pty Limited shall use best endeavours to provide the Grand Prix Hospitality Ticket Package.
2.2. The Client acknowledges and accepts that:
2.2.1. Parts of the Grand Prix Hospitality Ticket Package are provided by one or more third parties for whom The Motorsport Shop Pty Limited is acting as agent and the Client’s use of or access to such parts of Grand Prix Hospitality Ticket Package shall be governed by the applicable third party terms and, while The Motorsport Shop Pty Limited 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;
2.2.2. Because the package has been tailored to the Client’s specific requirements, the Grand Prix Hospitality Ticket Package is non-transferrable and non-refundable; and
2.2.3. Responsibility for the holding and organisation of the Grand Prix Hospitality Ticket Package and the provision of the Grand Prix Hospitality Ticket Package rests with the third parties and as provided in clause 6. The Motorsport Shop Pty Limited shall not be liable under this Agreement if the Event does not take place;
2.2.4. Until FIA has ratified the Event(s), the date(s) may change and while The Motorsport Shop Pty Limited will use its best endeavours to rebook the Grand Prix Hospitality Ticket Package accordingly, but the Client should be prepared to adjust its dates.
a) The Client shall:
i) Ensure that the details and the required Grand Prix Hospitality Ticket Package on the Quote to Invoice are complete and accurate;
ii) Co-operate with The Motorsport Shop Pty Limited in all matters relating to the Grand Prix Hospitality Ticket Package and event;
iii) provide The Motorsport Shop Pty Limited with such information and materials as The Motorsport Shop Pty Limited may reasonably require in order to supply the Grand Prix Hospitality Ticket Package and ensure that such information is accurate in all material respects;
iv) contact The Motorsport Shop Pty Limited immediately if it is unhappy with any aspect of the Grand Prix Hospitality Ticket Package and in any event, no later than the end of the Grand Prix Hospitality Ticket 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 Grand Prix Hospitality Ticket 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;
vii) Not consume food or beverages other than those supplied by the official caterers;
viii) Not do anything which might invalidate any insurance at the Premises or in respect of the Grand Prix Hospitality Ticket Package;
ix) Not bring on to the Premises or any part of it any animals without the prior consent of The Motorsport Shop Pty Limited;
x) Observe all applicable laws, licences and the regulations in Monaco;
xi) pay to The Motorsport Shop Pty Limited 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 The Motorsport Shop Pty Limited’s insurance and damage caused by The Motorsport Shop Pty Limited’s agents, servants and subcontractors);
xii) 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
xiii) In default the Client shall pay to The Motorsport Shop Pty Limited at the rate of $1000 AUD per day for every day or part of a day during which the default exists and shall indemnify The Motorsport Shop Pty Limited against any costs, damages or liability incurred by The Motorsport Shop Pty Limited 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 The Motorsport Shop Pty Limited;
xvi) Leave the Premises and the Accommodation at the end of the booking period or as otherwise notified by The Motorsport Shop Pty Limited 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 The Motorsport Shop Pty Limited to any publicity material proposed to be issued in relation to the Event;
xix) and to make sure that The Motorsport Shop Pty Limited is represented in the best possible way via social media.
b) If The Motorsport Shop Pty Limited'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) The Motorsport Shop Pty Limited shall without limiting its other rights or remedies have the right to suspend the Grand Prix Hospitality Ticket Package and the performance of the Grand Prix Hospitality Ticket 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 The Motorsport Shop Pty Limited's performance of any of its obligations;
(ii) The Motorsport Shop Pty Limited shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly from The Motorsport Shop Pty Limited's failure or delay to perform any of its obligations as set out in clause 3.2;
(iii) and the Client shall reimburse The Motorsport Shop Pty Limited on written demand for any costs or losses sustained or incurred by The Motorsport Shop Pty Limited arising directly or indirectly from the Client Default.
(iv) The Client shall procure compliance with this Agreement by its attendees, delegates or invitees.
4.1. The Client shall pay to The Motorsport Shop Pty Limited: (i) the Fee on the dates specified on the Quote to Invoice; and (ii) the Extras Charges as notified by The Motorsport Shop Pty Limited to the Client from time to time;
4.2. Where The Motorsport Shop Pty Limited’s cost of delivering the Grand Prix Hospitality Ticket Package increases, The Motorsport Shop Pty Limited may increase the Fee accordingly upon 30 days written notice to the Client;
4.3. The Client shall pay all sums to The Motorsport Shop Pty Limited 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.
5.1. 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. The Motorsport Shop Pty Limited 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 The Motorsport Shop Pty Limited shall give notice to the Client giving it 15 days to cure such default:
5.4. Any termination of this Agreement shall be without prejudice to any rights or remedies that may have accrued to either party.
6.1 If, for any reason either the Event or the Grand Prix Hospitality Ticket Package or the cause of any Health Global Virus pandemic or epidemic of disease or a substantial part thereof do not take place or, in The Motorsport Shop Pty Limited’s reasonable opinion, are unlikely to take place or are unlikely to provide the same experience, or are cancelled by the third party provider or service provider or host organiser or promoter or the cause of any Health Global Virus pandemic or epidemic of disease, The Motorsport Shop Pty Limited 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 The Motorsport Shop Pty Limited’s reasonable satisfaction that such alternative is not suitable or equivalent or that the revised Charges vary significantly.
6.2. While The Motorsport Shop Pty Limited will use its reasonable endeavours to accommodate the changing circumstances of the Client, unless it obtains the prior written consent of The Motorsport Shop Pty Limited, the Client may not cancel its booking once it has signed the Quote to Invoice.
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 The Motorsport Shop Pty Limited and the Account Manager of the Client shall attempt in good faith to resolve the Dispute as soon as possible.
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.
9.1. The Client acknowledges that motorsport can be dangerous and that it shall take all reasonable precautions to avoid injury or death.
9.2. Nothing in these Terms shall limit or exclude The Motorsport Shop Pty Limited'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 Grand Prix Hospitality Ticket Package subject to the terms of those third parties.
9.4. Subject to clause 9.2: (i) The Motorsport Shop Pty Limited 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) The Motorsport Shop Pty Limited'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 The Motorsport Shop Pty Limited 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, The Motorsport Shop Pty Limited shall maintain in force with a reputable insurance company, a separate individual professional indemnity insurance as well a separate public liability insurance up to $10million AUD to cover liabilities that may arise under or in connection with this Agreement.
9.7. The existences of clause 9 shall survive termination of this Agreement.
10.1. For the purposes of this Agreement, Force Majeure Event means an event beyond the reasonable control of The Motorsport Shop Pty Limited including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of The Motorsport Shop Pty Limited 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.
10.2. The Motorsport Shop Pty Limited 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.
10.3. If the Force Majeure Event prevents The Motorsport Shop Pty Limited from providing any aspect of the Grand Prix Hospitality Ticket Package for more than 3 weeks, The Motorsport Shop Pty Limited shall, without limiting its other rights or remedies, have the right to terminate this Agreement immediately by giving written notice to the Client.
11.1. Notice under this Agreement shall be deemed given when delivered by 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 mail, postage paid and addressed to the contact named in the Quote to Invoice.
11.2. 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.
A person who is not a party to this Agreement may not rely upon or enforce any rights.
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.