TERMS & CONDITIONS
These Terms and Conditions apply to race meeting hospitality and dining (Race Meeting Event), provided by Alexandra Park. Please read these Terms & Conditions carefully before purchasing tickets or before attending a race meeting or event at Alexandra Park. By doing any of these things, you are agreeing to be bound by the following Terms & Conditions.
Agreement means the agreement between Alexandra Park and the Client for the provision of hospitality and other services by Alexandra Park (as further set out in these terms and conditions).
Alexandra Park means the destination where the Auckland Trotting Club Incorporated (ATC) and its subsidiaries conduct business including the provision of hospitality services, race meetings and function business.
Booking means the acceptance by Alexandra Park of the Request and Bookings shall have a consistent meaning.
Booking Request means the booking request completed by the Client and submitted to Alexandra Park in relation to Ticket and Hospitality Packages for a Race Meeting Event.
Catering Services means the Catering services provided by Alexandra Park.
Client means the party named as the “client” on the Alexandra Park Booking Request which includes any individual or business subsequently named in place of the original client (upon express written permission being given for such replacement by Alexandra Park).
Deposit means the deposit payable by the Client to Alexandra Park as part payment of the Price.
Guests means the guests and invitees of the Client at an Race Meeting Event.
Price Estimate means the Price estimate provided by Alexandra Park in relation to any Race Meeting Event, together with the estimated costs of Catering Services (if required by the Client).
Price means the actual cost of the Hospitality Services provided. Additional charges and cost adjustments will be included in the Price.
Private Room Facilities means the private function rooms and marquee facilities on lawn or car parking areas and includes the Presidents Lounge, Top of the Park, Hobson, Tasman, Rutherford, Delightful Lady, Epsom Balconies or such other rooms, events or products as defined by Alexandra Park and Private Room shall have a consistent meaning.
Race Meeting Event means all race meetings and other functions to be held as part of a Ticket and Hospitality Packages.
Request means the Client’s request for the Hospitality Services.
Tickets and Hospitality Packages means the admission tickets to those areas with defined hospitality packages such as the Presidents Lounge, Top of the Park, Hobson, Tasman, Rutherford, Delightful Lady, Epsom Balconies or such other rooms, events or products as defined by Alexandra Park.
- Upon initial inquiry from the Client in relation to a Race Meeting Event, Alexandra Park will provide the Client with a Price Estimate.
- If, after receiving the Price Estimate, the Client wishes to make a Booking, the Client will make a Request for a Booking. The Client will make a Request by:
- submitting a completed and signed Booking Request to Alexandra Park; and
- paying the Price. In the event that Alexandra Park is not able to accept the Request, it will refund the Price to the Client.
- No Agreement will come into existence, nor will a Booking be made, until the Client’s Request has been accepted by Alexandra Park.
- The Client acknowledges that neither the submission of a Booking Request nor the payment of the Price guarantees that Alexandra Park will accept the Request, nor that a Booking will be made, as requests for services are subject to availability.
- Once it has accepted a Request and made a Booking, Alexandra Park will not refund the Price (whether in whole or in part) in the event that the Client cancels the Request or Booking, or attempts to terminate this Agreement.
- Where a Request for a Booking is made in relation to an individual table reservation, or a Booking made via the Alexandra Park website, Alexandra Park will advise the Client of the Price, which must be paid in full in the form of cash, cheque, credit card, EFTPOS or by direct credit before the Request will be accepted.
- For all Requests in relation to Bookings where full payment is not required as specified in clause 3.1 above, Alexandra Park will issue an invoice to the Client for a minimum of 50% of the Price Estimate, which must be paid prior to the Request being accepted. The invoice is payable within seven days to secure the Booking. The balance of the Price will be due four (4) weeks prior to the Race Meeting Event along with confirmation of final details.
- In the event that there is a difference between the Price Estimate and the Event Price:
- If the Price Estimate is greater than the Price, Alexandra Park shall refund such overpayment to the Client; and
- If the Price Estimate is less than the Price, the Client shall be obliged to pay the balance of the Price owing
- The Client must confirm with Alexandra Park all details in relation to any Event (including, if Catering Services are required, the menu selections) at least four (4) weeks prior to the Event. Any subsequent variations to the Event Price must be paid in full before the Event.
- All Price Estimates are based on the information provided by the Client. The Client acknowledges and agrees that the Price may exceed the Price Estimate, and that the Client is required to pay the Price in full and without deduction. Alexandra Park will, as soon as the Price is determined and finalised, issue an invoice (if required) (and making allowance for the payment of the Price Estimate) setting out the amount of the Price still payable by the Client in accordance with the terms and conditions of this Agreement.
- In the event that the Client does not pay for the Booking as required by this Agreement, Alexandra Park shall be entitled to cancel the Booking. If a Booking is cancelled pursuant to this clause 3.6, Alexandra Park shall not refund any payment made by the Client towards the Estimated Price or Price (either in whole or in part), and all monies paid by the Client to Alexandra Park shall be forfeited to Alexandra Park.
- GST will be payable on all goods and services supplied where applicable and required by law. Prices are in New Zealand dollars and include GST unless otherwise stated.
- All food and beverages provided as part of the Catering Services must be consumed within the Venue and within the time period of the Event (unless otherwise advised by Alexandra Park to the Client).
- The Price may allow for the provision of beverages to the Client and the Client’s Guests and invitees for a stipulated period Race Meeting Event. If the Client wishes that beverages will be provided to it and to its Guests and invitees after the end of the stipulated period, the Client shall provide credit card details for payment of beverages on consumption or pay cash for beverages when purchased.
4.0 Use of facilities
- Clients are only permitted to use Private Room allocated to that Client on the date and for the duration of the Booking. Clients must at all times ensure that the behaviour of the Client’s Guests accords to the Standards of Behaviour as set out in this Agreement, and must procure that any Guests comply with all terms and conditions as if they were Clients.
- The serving and consumption of alcohol is subject to Liquor Licensing laws including the Sale and Supply of Alcohol Act 2012 and its requirements.
- Alexandra Park Racecourse is a fully licensed venue. No food or beverage of any kind may be brought to the venue by the Client or any of the Client’s Guests except where agreed in writing in advance, and on payment of an agreed corkage charge where appropriate.
- A dress code applies to all hospitality areas and Race Meeting Events (including within the Venue and on-course) and is strictly enforced. Dress code requirements will be advised at the time of Booking.
- Promotional photographs and film footage are taken during race meetings and Race Meeting Events. By entering into this Agreement with Alexandra Park, the Client and the Client’s Guests are deemed to have consented to the use of their images by Alexandra Park and the New Zealand Racing Board for promotional purposes.
- The Client must obtain written approval by Alexandra Park to conduct any alterations or additions to the Private Room. All such approved alterations and additions will be at the cost of the Client.
- Clients who have a Booking for a Private Room may, at their own cost, decorate the interior of the Private Room on the day prior to the Race Meeting Event as previously arranged with Alexandra Park and subject to availability. The Client will have full responsibility for the security, delivery, assembly and set up of all decorations and associated materials. The Client must obtain approval from Alexandra Park for any works that will be suspended from, affixed to the walls or ceiling of the Private Room, or that will impact upon or apply any significant pressure to structural integrity of the Private Room (to be determined by Alexandra Park in its sole discretion).
- The Client is responsible to ensure that any alterations or additions and/or decorating of the Private Room meet all statutory requirements, including those relating to health and safety of the Client, the Client’s Guests and the Alexandra Park staff and officials, and that approval from Alexandra Park for those changes is obtained in accordance with clauses 4.6 and 4.7 above.
- Alexandra Park and its approved contractors accept no responsibility for the security of any goods, equipment or chattels whatsoever supplied by the Client to decorate the Private Room, or bought into the Private Room by the Client or the Client’s Guests.
- Clients using Private Rooms may, at their own cost, provide their own musical entertainment. The Client must obtain the approval of Alexandra Park, at its sole discretion, one month prior to the Race Meeting Event, and comply at all times with any and all requirements and instructions of Alexandra Park regarding the provision of such entertainment, and the noise levels standards to be complied with. The Client shall be liable to pay any costs, fines and penalties levied against or held to be payable by Alexandra Park as a result of the Client breaching the noise level standards.
5.0 Standards of Behaviour
- The Client shall be responsible for supervising and maintaining order at the Race Meeting Event at all times and ensuring that all Guests at the Race Meeting Event observe the regulations pertaining to fire, health and safety, and security applicable to the Venue.
- Neither the Client nor the Client’s Guests shall cause a nuisance to any other users of the venue or other users in which the Race Meeting Event is located.
- Smoking by Guests at the Race Meeting Event is not permitted anywhere in the venue unless at a designated smoking area. Designated smoking areas are provided at the venue and the Client should inform all its Guests as to the designated smoking areas at the venue.
- The Client or the authorised representative of the Client must be present at the venue throughout the duration of the Race Meeting Event.
- The Client and the Client’s Guests at the Race Meeting Event shall comply with all reasonable requests and instructions of the Alexandra Park staff and officials.
- If the Client anticipates any disruption of any kind, before, during or after the Race Meeting Event, it shall inform Alexandra Park immediately.
- The Client and the Client’s Guests shall not use or permit the venue to be used for any illegal or immoral purposes.
6.0 Alexandra Park Rules
- Except where inconsistent with the terms and conditions of this Agreement, any rules and requirements imposed by Alexandra Park in respect to the use of the venue shall apply in this Agreement as if set out in length herein. The Client agrees that together with its Guests it shall be bound by any rules and requirements of Alexandra Park and in the event of any breach which results in costs, charges or damages recoverable by the Alexandra Park against the Client then all such costs, charges or damages shall be paid by the Client and be recoverable pursuant to the terms of this Agreement. The terms and conditions of Alexandra Park are, at the Client’s request, available for inspection by the Client at any time.
7.0 Facility signage
- Subject to the prior approval by Alexandra Park, which may be withheld at its sole discretion, the Client may erect signage as part of its decoration of its Private Room (provided however that such signage may not be visible from outside the Private Room and may not be affixed to the walls or ceiling of the Private Room by any adhesive measures which will or may cause damage to the surface of the walls or ceiling when it is removed. Any external signage must be approved by Alexandra Park ten (10) business days before the Event and Alexandra Park may refuse to allow any such signage at its sole discretion.
- Company signage is permitted in any general or shared room facility, subject to the prior approval by Alexandra Park, which may be withheld at Alexandra Park’s sole discretion.
8.0 Issue of tickets
- Any tickets required to enable the Client and the Client’s Guests to obtain access to the venue will be forwarded to the Client by post upon payment of the Price Estimate or Price (as applicable and required) provided that if the event is to take place within 2 weeks of full payment being made by the Client, the Client shall be required to collect the tickets from Alexandra Park reception between 8.30am – 4.30pm Monday to Friday, or on the day of the Race Meeting Event at the room entrance.
- The issue of tickets in relation to a Race Meeting Event to be held in a specified Private Room allows the Client and the Client’s Guests to have access to that Private Room and any specified common facilities. Neither the Client nor the Client’s Guests shall be entitled to have access to any other Private Room or private function.
- Alexandra Park will not accept responsibility for misplaced, lost or stolen tickets previously issued. Any replacement tickets will be issued at the sole discretion of Alexandra Park, and Alexandra Park reserves the right to charge for the replacement of any tickets issued.
9.0 Display of tickets
- A correct and valid ticket must be provided by the Client and/or the Client’s Guests upon request by Alexandra Park staff and/or officials. Failure to comply will result in the individual concerned being denied entry to the venue or removal from the venue if entry has already been obtained.
- Except for personal injury or death caused by negligence and other circumstances where liability may not be limited under any applicable law, the liability of Alexandra Park, its officers, employees, agents or sub-contractors to the Client in respect of any claim arising as a result of any acts or omissions under or in connection with the hire of the venue or the provision of the Catering Services or these terms and conditions, whether caused by breach of contract, misrepresentation, negligence or any other tort, breach of statutory duty or otherwise, will be limited to repayment of the Deposit or any other sums already paid to Alexandra Park.
- Alexandra Park shall not be liable for any loss or damage to personal property or vehicles or their contents belonging to the Client or the Client’s Guests.
- Alexandra Park shall not accept any responsibility for any damage to or loss of property or merchandise left at the venue prior to, during or after any Event. Alexandra Park recommends that that the Client arrange its own liability insurances.
11.0 Alterations to the Event
- Some Race Meeting Events are to be held in outdoor venues. If unfavourable weather disrupts the Race Meeting Event (due to the venue being outdoors) the Client agrees and acknowledges that Alexandra Park will not be able to provide a suitable alternative venue.
- The Client agrees and acknowledges that if any part of the Race Meeting Event including, without limitation, a race meeting, any race, performance or other event is cancelled, abandoned or postponed, in whole or in part, due to adverse weather or for any other reason whatsoever that is beyond Alexandra Park’s control, there is no right to refund or exchange and no obligation is assumed by Alexandra Park for the arrangement of a substitute Race Meeting Event, performance or any other element.
- The Client agrees and acknowledges that, if due to unforeseen circumstances, it may be necessary for Alexandra Park to reschedule an Race Meeting Event from its Booking date. If Alexandra Park does reschedule an Race Meeting Event, Alexandra Park will use its reasonable endeavours to provide on the rescheduled day a comparable facility for the Client. Notwithstanding that Alexandra Park may not be able to provide a comparable facility on the rescheduled day, the Client is bound to accept the facility that Alexandra Park is able to provide and these terms and conditions will apply in all respects.
- Programmes, menus and the duration and timing of performances, events, rooms, seating arrangements and other activities at any Event may be subject to alteration without notice. Alexandra Park reserves the right to vary, add, withdraw or substitute advertised programmes, menus, seating arrangements and/or facilities at any time.
- Under no circumstances will Alexandra Park be liable to the Client if Alexandra Park is unable to perform its obligations to the Client due to any event beyond the control of Alexandra Park (being otherwise known as a force majeure event).
- If any part of these terms and conditions are held to be unenforceable, the part concerned will be deleted or modified to the minimum possible extent necessary to enable the remainder of the Agreement to remain enforceable and in full effect.
- No delay or failure by Alexandra Park to exercise its rights under a contract operates as a waiver of those rights.
- The Client may not assign or transfer any of its rights or obligations under or in connection with this Agreement to any third party without the prior written consent of Alexandra Park.
- Variations to any Agreement must be agreed in writing between the Alexandra Park and the Client.
- The Client agrees that Alexandra Park may obtain information about the Client from any source including credit assessment and debt collecting and the Client consents to any person providing Alexandra Park with such information.
- The Client will pay all costs and expenses (including legal fees) incurred by Alexandra Park in exercising any of its rights under any Agreement.
- All Agreements made between Alexandra Park and the Client will be governed by and construed in accordance with the laws of New Zealand and the Client agrees to submit to the non-exclusive jurisdiction of the New Zealand Courts.
- All representations and warranties, whether expressed or implied are excluded to the maximum extent permitted by law.
- The Alexandra Park website may contain hyperlinks and other pointers to websites operated by third parties. These linked websites are not under the control of Alexandra Park or its related bodies corporate, and Alexandra Park and its related bodies corporate are not responsible for the contents of any linked website or any hyperlink contained in a linked website, nor for the security of any such hyperlink. These hyperlinks are provided to the Client for the Client’s convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Alexandra Park. The Client follows a link to any such website entirely at the Client’s own risk.
- Contact details provided when purchasing Tickets and Hospitality Packages can be used by Alexandra Park and provided to the New Zealand Racing Board for promotional, marketing and research purposes.
13.0 Personal Guarantee
- If the Client is a company or trust the director()s) or trustee(s) (as the case may be), that director(s) or trustee(s) agree to these terms and conditions in consideration for Alexandra Park agreeing to supply the Venue and Catering Services and grant to the Client at their request, and agree these terms and conditions in their personal capacity and jointly and severally personally guarantee as principle debtors to Alexandra Park the payment of any and all moneys owed by the Client to Alexandra Park and indemnify Alexandra Park against non-payment by the Client. Any personal liability of the signatory to this Agreement shall not exclude the Client from any liability or obligations contained in these terms and conditions, the supplier and the Client shall be jointly and severally liable under these terms and conditions and for payment of all sums due pursuant to this Agreement.
- As a guarantor, please ensure and acknowledge that you understand the following:
- The key characteristics of this Agreement and what you are being asked to guarantee:
- The term of the Agreement;
- What you may have to pay as a guarantor under this Agreement; and
- Whether or not this Agreement is able to be cancelled, in what circumstances, and whether you will continue to have liabilities if the Agreement is cancelled.
- By agreeing to provide this guarantee, I agree and acknowledge that I am aware of the key characteristics of this Agreement, and what my liabilities and obligations are as a guarantor.
- I agree and acknowledge that I am entitled to seek independent legal advice prior to entering into this Agreement as a guarantor.