Terms
ALL BLACK TRAVEL AND HOSPITALITY PACKAGE TERMS AND CONDITIONS
GENERAL TERMS OF SALE VALID FOR ALL PACKAGES
Scope and Enforceability
1. These Package Terms and Conditions (“Package Terms”) govern all packages incorporating the supply of a Ticket for a rugby match with: (i) merchandise (ii) travel; (iii) accommodation; (iv) hospitality; and/or (v) Match Day or non-Match Day experience services (“Package”).
2. Packages are issued, provided and sold by or on behalf of Sports Travel and Hospitality New Zealand Limited, a company registered in New Zealand under company number 3880562 of Level 4, Tower 2, 205 Queen Street, Auckland, 1010, New Zealand (trading under the brands All Blacks Travel and Hospitality and Black Ferns Travel and Hospitality) (together “ABTH”).
3. ABTH is the issuer and seller of the Packages pursuant to authority granted by New Zealand Rugby Commercial GP Limited (“NZR”).
4. In purchasing and/or using a Package from ABTH, the Purchaser and Holders shall be bound by and shall comply with the provisions contained in these Package Terms. Further, the Purchaser and any Holders purchasing and/or utilising an Package shall also be legally bound by and shall comply with the applicable Match Ticket Terms and Conditions supplied by ABTH and/or set out in Appendix 1 (the “Conditions”) and the terms, rules and conditions applicable to each Venue in which a Match is taking place and which shall be a) made available to you by ATBH, and b) displayed at the entrance of each Venue (the “Venue Rules and Regulations”). The Conditions and the Venue Rules and Regulations are hereby expressly incorporated into and form part of these Package Terms.
5. Collectively, the confirmation, Package Terms, the Conditions and the Venue Rules and Regulations and any terms and conditions in respect of your Accommodation shall be known as the ABTH Agreement. Accordingly, the Purchaser must read and understand the provisions of the ABTH Agreement, to which the Purchaser will be legally bound, before purchasing Package(s) and shall ensure that any Holders for whom the Purchaser has purchased or provided a Package, shall comply with and be legally bound by the ABTH Agreement.
6. As these Package Terms create a legally binding relationship with ABTH, any queries or questions that a Purchaser or Holder may have regarding these Package Terms should be submitted to ABTH before purchasing a Package and prior to use of a Package (by a Holder). Queries can be submitted by email to the ABTH Customer Service team at the following address: [email protected].
Purchase and Distribution of Packages
Offline Order and Payment Process
7. Packages will be available to purchase through ABTH or through a ABTH Official Agent. Where the Package(s) requested are available, ABTH or the ABTH Official Agent shall send the individual a Booking Form by email along with these Package Terms and the Conditions (attached at Appendix 1). The individual must complete and sign the Booking Form and return the signed Booking Form to ABTH. Subject to the continued availability of the relevant Package(s), on receipt of the signed Booking Form, ABTH shall issue an email confirmation to the Purchaser. Upon the dispatch of a confirmation by ABTH to the Purchaser, a binding contract shall form between the Purchaser and ABTH.
8. ABTH shall send the Purchaser an invoice for the Package Fee in respect of the Package(s) listed in the Booking Form as soon as reasonably possible following the dispatch of a confirmation.
9. the Package Fee will be due and payable in full within seven (7) days of the date ABTH issue the invoice to the Purchaser in order to secure your Package unless otherwise agreed in writing by ABTH, If payment is not made within this timeframe, ABTH may release certain Package inclusions and a new Package Fee may be issued if any changes are required to be made.
Online Order and Payment Process
10. Package(s) are available to purchase online via the All Blacks Travel and Hospitality official website at allblackstravelandhospitality.com and Black Ferns Travel and Hospitality official website at blackfernstravelandhospitality.com (together the “ABTH Websites”).
11. When purchasing a Package on a ABTH Website the Package Fee will be due and payable in full at the time and point of submitting an order.
12. On receipt of the order, a confirmation will be sent to the Purchaser directly to the email provided. Upon the dispatch of a confirmation to the Purchaser, a binding contract shall form between the Purchaser and ABTH.
13. Any payment delay, bank issues, technology errors, failure, or default (including an authorisation failure based on the information requested from a Purchaser during the purchase journey) to pay in full will automatically lead to the cancellation of the proposed order for Packages. The Packages concerned will be made available to other purchasers and any sums already paid (if any) will be reimbursed.
Package Order Requirements
14. The number of Packages available for purchase for each type of Package are limited. The number of Packages that may be purchased for will be determined at ABTH’s discretion.
15. ABTH reserves the right to cancel, without compensation, any type, number, kind or category of Packages purchased.
16. Purchasers must be aged eighteen (18) years or above.
17. Where child Packages are made available, child Packages shall be strictly for use by persons aged fifteen (15) years and under as at the date of the relevant Match or Match Day. Child Packages, if made available, cannot be purchased as a stand-alone child Package and may only be purchased and used together with an adult (18 years or over) Package. Any person attempting to use a child Package who does not satisfy the criteria for use of a child Package shall be refused entry and/or removed from the Venue and the child Package shall be non- refundable.
18. Once the Purchaser has completed an order for a Package(s) and received an order confirmation directly by email, no further changes can be made to the order. For the avoidance of any doubt, no order or purchase of a Package shall be complete, successful and/or confirmed until the Purchaser has received a formal confirmation email confirming the purchase of the relevant Package. If, for any reason whatsoever, an order is not completed and/or payment is not processed in full and/or no confirmation email is received, the individual shall have no entitlement or right of any kind to the relevant Package.
19. The contract in respect of the Package(s) shall be between ABTH and the Purchaser and the ABTH Agreement shall apply to the purchase of such Package(s).
20. The ABTH Agreement shall supersede any proposal made by ABTH or an ABTH Official Agent or any request made to ABTH or an ABTH Official Agent.
Package Payment Terms
21. If the Package Fee is not received by ABTH in full by the due date, ABTH shall be entitled to cancel the Package and terminate the ABTH Agreement with immediate effect and the individual shall no longer have any entitlement or right of any kind to the relevant Package.
22. For the avoidance of doubt, all prices and any other charges quoted by ABTH under the ABTH Agreement are inclusive of taxes but exclusive of any other duties and charges imposed or levied in connection with the supply of Package(s) (including, but not limited to, any postage and/or packaging) which shall be additionally payable by the Purchaser.
23. All sums payable to ABTH pursuant to the ABTH Agreement shall be paid in New Zealand Dollars (NZD$) along with any applicable duties, charges or levies specified during the order process (unless otherwise agreed in writing by ABTH). Any costs or charges (including exchange rate costs and payment card charges) applicable to payments by a Purchaser via another currency shall be borne by and shall be the sole responsibility of the Purchaser.
24. Packages shall be paid for by payment cards or, for offline orders, by bank transfer to ABTH’s bank account (detailed in the invoice) or such other payment method offered by ABTH and notified in writing from time to time.
25. The Purchaser agrees to pay and to hold ABTH harmless from and against any:
(a) taxes, duties, levies, deductions or withholdings (“Withholdings”); and/or
(b) bank and other charges incurred by ABTH as a result of any monetary transfer, currency conversion or otherwise (“Bank Charges”),
imposed upon or applicable to the payment of the Package Fee by the Purchaser by any local government authority. To the extent necessary, the Purchaser shall be obliged to pay ABTH such additional amount as will, after any such Withholdings and/or Bank Charges have been imposed, leave ABTH with the same amount as it would have been entitled to receive in the absence of the imposition of such Withholdings and/or Bank Charges.
26. Without prejudice to any other rights under the ABTH Agreement, ABTH shall be entitled in the case of overdue payments to charge the Purchaser interest on such overdue payments at the daily rate of two per cent (2%) above the Reserve Bank of New Zealand base rate from time to time from the due date until the date of payment.
27. The Purchaser acknowledges that not all payment cards will be accepted by ABTH.
28. If, due to human error or technical malfunction on the part of ABTH or the ABTH Website, an incorrect Package Fee or Package details are displayed and such Package(s) is purchased by an Purchaser on the basis of such incorrect amount or details or if an Purchaser has purchased a type of Package which is not intended to be purchased by or available to such Purchaser, ABTH reserves the right to cancel the relevant Package(s) and process a refund to the Purchaser for the amount of the Package Fee charged only. The Purchaser may, at ABTH’s sole discretion, be provided with an opportunity to purchase Packages in accordance with the correct Package Fee and/or Package details.
29. If, due to human error or technical malfunction or failure on the part of an individual or Purchaser results in the purchase of Packages in error, such Experiences Packages shall be non-refundable and ABTH shall have no obligation to refund, reimburse, cancel or replace the relevant purchase of Packages.
Delivery of Packages
30. Provided the Package Fee (and any other charges) have been received in full by ABTH, ABTH will distribute, or have distributed on its behalf, the Package Documents and Tickets to the Purchaser. ABTH will notify the Purchaser of the method of distribution prior to the commencement of the Package but reserves the right to amend the method at any time, including distribution via third parties. Once distributed, the Package Documents and Tickets are the responsibility of the Purchaser and cannot be replaced. You must immediately inspect the contents of the Package Documents and Tickets delivered to you and shall notify ABTH immediately in the case of any mistake. Holders must display the correct Ticket or Package pass to gain entry to the relevant Venue, and Holders may be refused entry if Holders do not display the correct Ticket or Package pass. ABTH, and NZR shall not be held responsible and are not liable for any loss if any Holders are refused entry to a Venue or Experience Area for displaying an incorrect Ticket or Package pass.
Package Area
31. Access to the Venue and any Experience Area is strictly limited to the date and the time indicated in the Package Documents. For the avoidance of doubt, access to the locations where catering, beverage and/or other experience services are provided will be restricted to persons having the express right to access such locations.
Accommodation (if applicable to your Package)
32. While we will do everything possible to secure your preferred room request with the hotel, we are unable to guarantee these requests due to limitations on the number and types of rooms available.
33. Hotel and facility descriptions on the ABTH website and other publications are based on current hotel guides and information provided by suppliers and may change at any time. Pictures may not show the particular room, décor, view, or other specifications included in your Package.
34. Bonds or credit card details may be required by hotels. These are usually requested by the hotel at the time of check-in.
35. ABTH will not be responsible for any costs charged by hotels due to damage caused by you or your Guests, or for the return of any part of a bond payment.
36. You shall indemnify and hold ABTH harmless from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by ABTH as a result of a breach by you (or your Guests) of these Terms or in connection with, resulting from, or arising out of any and all acts or omissions of you (or your Guests).
Passport and visa requirements (if applicable to your Package)
37. If your Package includes services fulfilled outside of the country you are travelling from, you will need a current passport that must be valid for at least six months after your return to the country you departed from.
38. You must check passport, visa, immigration, health, and customs regulations and requirements well in advance, including any requirements to be vaccinated. It is your responsibility to ensure you have the correct documentation to allow your entry overseas and/or return to the country you departed from.
39. It is your sole responsibility to ensure you meet all of the requirements for entry into the destination country. ABTH will not be liable in any way if you are declined permission to enter into any country or destination.
40. Official travel advice issued by the NZ Government is available by visiting their website at https://smartstart.services.govt.nz/. We recommend that you review this information both prior to making your booking and prior to departure.
Changes to Packages
41. Because Packages are planned several months in advance, we may occasionally need to make changes to Package inclusions. We reserve the right to make changes to your itinerary at any time.
42. Some suppliers of the services included in your Package reserve the right to cancel or amend the services they provide. As such, ABTH will use reasonable endeavours to provide alternative services, however we cannot be held responsible for any such changes imposed by a supplier outside the control of ABTH.
43. ABTH reserves the right to substitute or amend a Package (including without limitation any seats, areas or services initially allocated or pricing of packages) if such amendment is required:
(a) in order to comply with local applicable laws; or
(b) in order to reflect any changes made by NZR or the Match Organiser in connection with the staging of a Match. In such circumstances, ABTH shall notify the Purchaser of the details of the new or revised Package details
Lost/Stolen/Damaged Package Documents or Tickets
44. Any Package Documents or Tickets that are damaged, defaced or unreadable may not be accepted for admission to the Venue or Experience Area.
45. ABTH shall not replace or reimburse a Holder in respect of any lost, stolen, damaged, destroyed or defaced Package Document or Tickets, save where the same occurs as a result of the negligent act or omission of ABTH.
No sponsorship rights or association with the Event
46. Purchasers and Holders expressly acknowledge and agree that the purchase of Package(s) does not grant them any marketing, commercial or promotional rights with respect to ABTH, NZR, or any commercial partners or stakeholders of NZR.
47. Purchasers and Holders must not, unless entitled to by virtue of an agreement with NZR itself, hold themselves out as a sponsor of, use any intellectual property connected with (including, without limitation, the official emblem, designations and mascots of a Match), or otherwise associate themselves in any manner whatsoever with the Match (or part thereof), ABTH, NZR or any commercial partners or stakeholders of NZR.
48. Purchasers and Holders must not as a material condition of this ABTH Agreement:
(a) use the Package(s) (or any element thereof) for marketing or promotional purposes (including, without limitation, for use as a prize in competitions, lotteries, draws, charity promotions or sweepstakes); or
(b) conduct any promotional, advertising or marketing activity in connection with ABTH, NZR or any commercial partners or stakeholders of NZR.
49. Purchasers and Holders shall not have any right to promote themselves or their trade or business in the Venue or in any Experience Area or otherwise associate themselves with ABTH, NZR or any commercial partners or stakeholders of NZR, unless expressly authorised by ABTH in writing. For the avoidance of doubt and without limitation to the generality of the foregoing, no corporate identification of Purchasers or Holders shall be permitted unless expressly authorised in writing by ABTH.
Prohibition of Package Resale or Transfer
50. Packages are only for the use of the Purchaser or a Holder. It is strictly forbidden for any individual to sell, transfer or offer to sell, resell or transfer (for example on websites, in the immediate surroundings of the Venue or within the Venue precincts, or within the Experience Area), in any way or form, whether free of charge or in return for consideration, any Package (or any element of the Package (including, without limitation, the Tickets)) without first securing the express consent of ABTH or as otherwise provided for under these Package Terms.
Conduct
51. The Purchaser shall be responsible for notifying any Holders associated with their order of the provisions of the ABTH Agreement to which the Holders will be legally bound including without limitation, the Conditions. The Purchaser shall procure the full compliance of the Holders with the ABTH Agreement including without limitation, the Conditions. Any breach of the ABTH Agreement (including, for the avoidance of doubt and without limitation, the prohibitions on resale set out in paragraph 50, transfer and commercial use) may result in the cancellation of the relevant Package(s) purchased without compensation or refund.
52. All Holders must comply with all directions and instructions of the competent authorities at all of the Venues at which they attend a Match (including, without limitation, the police) and Accommodation.
53. Holders must comply with all rules and safety regulations established at each Venue and Experience Area and acknowledge that if a Holder is disruptive to the Match or the enjoyment, comfort or safety of other spectators (whether because under the influence of alcohol, narcotics or otherwise) they may be refused admission or removed by ABTH, NZR and/or an Authorised Person.
54. If an Holder fails to comply with paragraphs 47 – 50 and 57 or if ABTH, NZR and/or the Authorised Person removes an Holder pursuant to paragraphs 53 and 58, the Purchaser and/or the Holder (as applicable) shall have no right to a refund from ABTH and ABTH and NZR shall not have any liability whatsoever to the Purchaser or Holder.
55. All Holders shall at all times comply with all applicable laws in relation to the use of the Package(s).
56. ABTH will refuse to deal with and may terminate without providing refunds the Package of Purchasers and Holders who act in a manner deemed unacceptable by ABTH and you may be barred from future trips with ABTH. This may include (but is not limited to):
(a) verbally abusive or offensive language towards anyone;
(b) bullying behaviour;
(c) inappropriate or abusive behaviour including uninvited physical contact, harassment, violence or threat of violence;
(d) excessive consumption of alcohol or intoxication;
(e) the possession, carriage or use of restricted substances or drugs (except for medical purposes approved by your doctor);
(f) failure to comply with ABTH’s (including a representative’s) reasonable direction;
(g) the possession, carriage or use of dangerous items (such as weapons);
(h) breaking the law of the Country or State in which you are travelling; and
(i) any behaviour or conduct which brings ABTH into disrepute or damages its goodwill.
Prohibited Materials and Ambush Marketing
57. Holders are forbidden from:
(j) using, possessing, selling or distributing any Prohibited Materials or engaging in any Prohibited Conduct in or around the Venue and Experience Area; and
(k) using, possessing or holding promotional or commercial objects and materials, engaging in any Ambush Marketing (including holding or bringing any items, objects, signs or materials which ABTH, NZR or any Authorised Person believe are intended to be used or are being used for the purposes of Ambush Marketing), gambling (or assisting any gambling activity), conducting any commercial activity, offering (either for free or for sale), selling or possessing goods with intent to sell such as drinks, food, souvenirs, clothes, promotional and/or commercial items, without prior written approval of ABTH, or NZR.
58. If an Holder is found with any Prohibited Materials or engaging in any Prohibited Conduct or Ambush Marketing at set out in paragraph 57, ABTH, NZR and/or an Authorised Person may remove such items and/or remove the Holder (as applicable) from the Venue and/or Experience Area and/or refer the Holder (as applicable) to local authorities for investigation. If a Holder is removed in such circumstances, then they shall not be entitled to any refund and neither ABTH or NZR shall have any liability to the Holder as a result.
Image Rights, Photography and Recording
59. Any Holder accessing an Experience Area, attending in or around the Venue and/or attending at a Match acknowledges and irrevocably and unconditionally authorises NZR, ABTH, Match Organiser and the operator of the Venue, free of charge, to record and to use images and recordings in which the Holder appears, by any means of acquisition (photography, video, etc.) during the Match and attendance in or around and at the Venue and at or in an Experience Area, on all media now known or developed in the future (without limitation in terms of quantity and quality) and via any means of publication or broadcasting, worldwide and for the entire duration of the protection of the rights over same, with permission to assign these rights, for commercial or promotional purposes and/or for the purposes of showing the Matches, the Venue, the Experience Area, and as part of the transmission of the Matches by any medium whether currently known or developed in the future. NZR and/or the Match Organiser are entitled to assign these rights freely for any purpose and to any party or third party of its choosing, including broadcasters, third party suppliers, licensees, Authorised Partners and news outlets and media.
60. Any Holder accessing the Experience Area and/or in or around the Venue and/or attending at a Match:
a. acknowledges that broadcasters, partners and other third parties may be operating drones (remotely piloted aircraft systems) in and around the Venue;
b. acknowledges that all Matches are recorded in a number of media and publicly disseminated across numerous platforms and channels on a worldwide basis;
c. agrees that perpetual use may be made, free of charge, on a worldwide basis and to the fullest extent possible for any reason, of their voice, image and likeness at or from the Venue, by means of live or recorded video display, broadcast, transmission, content or other dissemination or recording, photographs or any other current and/or future media technologies, by NZR, Authorised Partners and/or other third parties;
d. waives, on an irrevocable, worldwide, perpetual basis, all rights to object to such broadcasting, transmission, or dissemination in any media;
e. acknowledges and agrees that NZR and/or the Match Organiser is the sole legal and beneficial owner of the copyright and any other intellectual property rights of any nature whatsoever in and to any recordings of sound or images taken within or in or around a Venue, an Experience Area or at a Match (including future rights to such images and recordings or to any works derived from such images and recordings) (and including any recordings or images captured by an Holder in breach of these Package Terms and/or the Conditions) and waives, on an irrevocable, worldwide and perpetual basis, all rights (including moral rights) in and to any such recordings;
f. acknowledges and agrees that NZR or the Match Organiser may use, edit, copy, disclose, add to, adapt, reproduce, publish, creative derivatives and/or translate such images and/or recordings outlined herein for all such advertising, commercial, exploitation and promotional activities, worldwide in perpetuity in any and all media (including but not limited to online, digital and offline), whether now known or hereafter developed or invented, including on any media owned, controlled, operated or represented by NZR or the Match Organiser, without payment, compensation or liability to the Holder;
g. acknowledges that they shall have no expectation of privacy in relation to their attendance, activities, actions or conduct at a Match, Experience Area or in or around a Venue given the public nature of a Match;
h. hereby unconditionally and irrevocably assigns to NZR and/the Match Organiser all rights, including copyright and other intellectual property rights, by any means and in any current and/or future form or type of media or format, in any images or recordings taken by the Holder within the Venue in breach of these Package Terms and/or the Conditions, including the article/clause directly below.
61. Any photographs taken or other recordings of sounds or images made by a Holder in or around a Venue, a Match or an Experience Area may be used only for private and personal, non-commercial and non-promotional purposes. Apart from private and personal, non- commercial and non-promotional purposes, i.e. to the exclusion of any commercial purposes, the Holder shall not publish or broadcast at any time, over the Internet, on radio, on television and/or on any other form or type of media, whether current or future, any sound, image, description, commentary, news reports or results and/or statistics of a Match (whether wholly or partly), including any content of this kind created, recorded or captured as a still or moving image by mobile phones or by any other form of wireless and/or portable device or terminal, nor aid or abet any other person in engaging in such activities. Further and/or supplementary restrictions and rules on the use of photography, filming or recording devices may apply to the Holder under the Venue Rules and Regulations.
Customer Service
62. Any queries concerning Packages should be addressed to ABTH directly via the Customer Service team of ABTH which can be contacted by email at the following address: [insert].
Package Cancellation and Refund Terms
Changes
63. NZR is entitled to make changes to the time, the date, the duration or the Venue of any Match, or to any other detail of relevance to any Ticket as outlined within the Conditions (at Appendix 1 to these Package Terms). ABTH has no control over the running of or timings of the Match or any part thereof.
64. ABTH will use reasonable endeavours to notify the Purchaser of such changes, however it is the responsibility of each Holder to ascertain whether a Match has been delayed, postponed, rescheduled or cancelled.
Delay
65. In case of delay, such as if the starting whistle is delayed for any reason whatsoever on the day of the Match, whatever the duration of the delay, or if the Match’s start time is deferred, whatever the new arrangements (excluding change in date of the Match), the Package will remain valid and ABTH will endeavour to arrange for the relevant Package to be provided at the rescheduled time. ABTH will not have any obligation to refund to the Purchaser any part of the Package Fee including any applicable fees, charges nor to pay the Purchaser any compensation for the delay or for any consequences that this delay might have for the Purchaser and/or the Holder and/or any third parties.
Interruption
66. In the event of a definitive interruption of the Match at any time after it has commenced, ABTH will not have any obligation to refund to the Purchaser any part of the Package Fee including any applicable fees, nor to pay them any compensation for the subsequent deferral of the Match or for any consequences that this might have for the Purchaser and/or the Holder and/or any third parties.
Rescheduled Match
67. If the Match is rescheduled prior to the Match commencing to a different date at the same Venue as initially planned or at another Venue: ABTH will endeavour to arrange for the relevant Package to be provided at the rescheduled or relocated Match and:
a. if ABTH is able to provide (in our judgment) a substantially equivalent Package at the rescheduled or relocated Match, the booking for the relevant Package shall remain valid for the rescheduled or relocated Match, and the Purchaser will be entitled to attend the Match with the same Package or request a refund of the Package Fee subject to the conditions detailed in paragraphs 72 – 76.
b. if ABTH is not able to provide (in our judgment) a substantially equivalent Package at the rescheduled or relocated Match, then the Package will be cancelled, and the Purchaser will be refunded the Package Fee subject to the conditions set out in paragraphs 72 – 76.
Any refund requests that relate to a rescheduled Match must be directed to ABTH. If a refund is requested under this paragraph, ABTH will endeavour to refund the Purchaser the Package Fee within forty-five (45) working days of a Match.
Match Cancellation
68. If a Match is cancelled, you will receive a full refund for Match tickets included in your Package if:
a. the Match is cancelled in its entirety (including being held without general public spectators or where there are caps on attendance) and not rescheduled;
b. you are entitled to a refund under the Ticket Conditions of Sale and Entry for the relevant Match;
69. Where a Match is cancelled, ABTH will use reasonable endeavours to procure refunds from suppliers for Package inclusions directly related to a Match, however this is not always possible. If ABTH does receive and refunds from suppliers ABTH will pass through any amounts recovered.
70. ABTH will provide all reasonable assistance in relation to any claims made to your insurance provider.
71. Any refund requests under this paragraph 68 must be directed to ABTH. Refund Conditions
72. Where a refund is sought, the Purchaser must bring this to the attention of ABTH as soon as reasonably possible upon becoming aware of the cancellation, postponement or relocation. All refund requests must be directed to ABTH in its capacity as issuer and seller of the Package(s). Neither NZR or the Match Organiser shall have any responsibility or liability to refund, or compensate in any way, a Purchaser or Holder in relation to any Package or any part of any Package.
73. Any entitlement to a refund to which a Purchaser may be entitled under these Package Terms shall not exceed the Package Fee and any such refund shall exclude all and any applicable charges, fees, accommodation cost, transport cost, or any other costs expended or incurred by a Purchaser or Holder in relation (directly or indirectly) to the Package(s).
74. A Purchaser shall not be entitled to any refund of any flights included in a Package, all flight refunds must be sought via the applicable carrier.
75. Any information regarding refunds or requests should be addressed to the ABTH Customer Service contact details outlined above in these Package Terms.
76. Purchasers are advised to take out insurance to cover the risk and costs associated with a delay, interruption, rescheduling, postponement or cancellation of a Match.
Right to Withdraw
77. The issuing, sale or purchase of any Package shall be final and non-refundable except as outlined in these Package Terms or as required under applicable laws.
Liability
78. Save as expressly provided in these Package Terms, and except where the Package(s) is sold to an individual in their capacity as a consumer (within the meaning of the Consumer Guarantees Act 1993), all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
79. Where a Package is purchased in an individual’s capacity as a consumer, their statutory rights shall not be affected by these Package Terms.
80. Nothing in this ABTH Agreement is intended and nor shall it be construed as an attempt by any party to exclude or limit its liability for death or personal injury caused by its negligence, for its fraud or fraudulent misrepresentation or for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
81. Other than the specific remedies available to an Purchaser or Holder referred to in these Package Terms, ABTH shall not be liable to an Purchaser or Holder by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the terms of the ABTH Agreement, for any consequential loss or damage, any loss of profit (whether direct or indirect) or business or loss of future business or loss of enjoyment or otherwise, costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of ABTH, its employees or agents or otherwise) which arise out of or in connection with the supply of Package(s) (including Tickets) or their use.
82. Subject to paragraphs 67 and 68, ABTH’s total liability to the Purchaser or Holder whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the Package Fee paid in respect of the affected Package(s).
83. The Purchaser shall be responsible for all damage they cause and for all damage caused by associated Holder(s) and any other persons under their control.
84. The Purchaser shall indemnify and hold ABTH harmless from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by ABTH as a result of a breach by the Purchaser or associated Holders of the ABTH Agreement or in connection with, resulting from, or arising out of any and all acts or omissions of the Purchaser or associated Holder(s).
85. The personal arrangements of the Purchaser or Holder in connection with a Package(s) (including, without limitation, travel and accommodation) are entered into at their own risk and neither ABTH or NZR shall be liable for any costs, losses, loss of enjoyment or wasted expenditure (including, without limitation, any indirect and/or consequential loss or damage) suffered by the Purchaser or Holders.
86. The Purchaser and Holder acknowledge and agree that ABTH is the seller of the Packages with responsibility for the sale, delivery and fulfilment of the Packages, and that NZR have no liability for the delivery or fulfilment of the Packages and make no representation of any kind in relation to the Packages. Further, the Purchaser and Holder acknowledge and agree that ABTH does not have any authority to act on behalf of NZR or make any representations on behalf of NZR. The Purchaser and Holder further acknowledge and agree that these Package Terms create a legally binding agreement between ABTH and the Purchaser and Holder and that in no event shall NZR be liable or responsible for any loss, harm or damages that the Purchaser or Holder suffers or incurs in relation to these Package Terms and their purchase and/or use of an Package including but not limited to bodily or mental harm, personal property damage or loss, or any other loss and/or harm arising from and/or occurring during Purchaser or Holder’s use of the Package, including attendance at an Experience Area or the Venue. Without limitation to the foregoing, the Purchaser and Holder agree not to bring any claim, complaint or proceeding against, and fully releases from any liability, NZR in relation to the foregoing and in relation to Purchaser’s or Holder’s use of the Package.
87. The Purchaser and Holder shall indemnify and hold NZR harmless from and against all damages and liabilities suffered or incurred in connection with, resulting from, or arising out of, a breach of or non-compliance with the preceding clause.
Termination Events
88. Without prejudice to any other rights ABTH may have, ABTH may terminate the Customer Agreement with immediate effect if:
a. you fail to make payment in accordance with paragraph 9; or
b. in ABTH’s reasonable opinion, you or any of your Guests is, or is likely to be, in breach of paragraphs 46 - 49, 50, 57 or 58.
89. Either party may terminate a Customer Agreement with immediate effect if:
a. the other party is in material breach of any term of these Terms and such breach is not capable of remedy;
b. the other party is in material breach of any term of these Terms and (where capable of remedy) such breach is not remedied within thirty (30) days of notice to do so; or
c. the other party becomes subject to an Insolvency Event.
90. If notice of termination is given by ABTH to you pursuant to paragraphs 88 or 89, ABTH may, in addition to terminating the Customer Agreement:
a. require that you immediately pay any money due to ABTH;
b. cancel all your Packages confirmed by ABTH prior to the date of termination;
c. be regarded as discharged from any further obligations under the Customer Agreement; and
d. pursue any additional or alternative remedies provided by law, except as otherwise provided in the Customer Agreement.
91. Termination of the Customer Agreement shall not affect the rights or liabilities of either party accrued prior to termination or any terms intended expressly or by implication to survive termination.
Force Majeure
92. ABTH shall not be liable for its inability to perform any obligations under the ABTH Agreement caused by Force Majeure.
93. If the relevant Force Majeure event continues for a period of thirty (30) days or longer, ABTH may cancel Packages (provided that such Force Majeure event is continuing at the date of cancellation), and the Purchaser may claim a refund; provided however, that ABTH shall be allowed to deduct an amount equal to any booking or operational expenses or other costs expended by ABTH prior to the date of cancellation from the amount to be refunded hereunder.
94. Unless a Package is cancelled pursuant to paragraph 93, ABTH shall notify the Purchaser promptly when performance of its obligations under the ABTH Agreement resume.
Personal Data
95. ABTH is the data controller of the personal data which is collected from a Purchaser and Holders in connection with the purchase and administration of any Package purchased from ABTH.
96. ABTH undertakes to process and to store any personal data that is entrusted to it in keeping with the provisions of Privacy Act 2020 and any other relevant data privacy legislation as applicable for the purposes of the administration, operation and the management of the provision and issuance of Packages and attendance by Holders at relevant Matches and where applicable to keep Purchasers and Holders informed about the latest news and activities of ABTH.
97. The Purchaser and Holder acknowledges and agrees that the personal information provided by the Purchaser and by any other Holder may be processed and stored as necessary for the performing of the services under the ABTH Agreement, including for the purposes of the implementation of these Package Terms. Purchasers and Holders further acknowledge and understand that their personal information may also be shared with third parties, including NZR, as may be necessary in connection with the above purposes and such purposes as detailed in the ABTH Privacy Policy.
98. Purchasers and Holders are informed that they have rights of access, rectification, limitation, portability and erasure over their information in accordance with the Privacy Act 2020 (as applicable). Any person whose personal data is gathered by ABTH also has the right to challenge and/or seek information from ABTH regarding the processing of their data. These rights may be exercised at any time by sending a request by email to ABTH at the following address: [email protected].
99. The personal data which ABTH collects from the Purchaser and is provided on behalf of Holders in connection with the purchase or use of a Package, includes name, contact details, dietary requirements, mobility restrictions and any other details provided by the Purchaser.
100. ABTH will use the Purchaser and Holder’s personal data for the purposes of facilitating the booking of Packages in accordance with these Package Terms and may share such personal data with NZR in connection with the organisation and delivery of the Package (including in particular, the Tickets) and/or such other purposes, as outlined in the ABTH Privacy Policy.
101. Provided the Purchaser has specifically granted consent in the Booking Form or on the ABTH Website, their personal data can be shared and/or used in order to provide them with marketing materials and information from ABTH and/or New Zealand Rugby (as applicable).
102. Where any requests are made to ABTH in relation to any mobility or dietary requirements, such requests will be deemed as consent for ABTH to process information relating to mobility or dietary needs to enable ABTH to attempt to facilitate such requests.
103. For more information regarding the handling of personal information by ABTH in relation to the purchase of Packages, please consult the ABTH Privacy Policy.
104. If there are any questions about how ABTH collects and processes personal data, or about the ABTH Privacy Policy, please contact [email protected]. For further details on personal data rights including the right to lodge a complaint with a supervisory authority, please refer to the ABTH Privacy Policy.
Notices
105. Any communication to be given in connection with these Package Terms shall be in writing in English and shall be sent by email to the address of the relevant party as notified at the time of booking. If the contact details of the Purchaser change, the Purchaser must promptly notify ABTH of the changed details. In the case of a change in ABTH's contact details, these shall be posted on the ABTH Website.
106. A communication sent according to paragraph 105 shall be deemed to have been received at the time of completion of transmission by the sender.
107. If, under paragraph 106, a communication would otherwise be deemed to have been received outside normal business hours in the place of receipt, being 9.30 am to 5.30 pm on a day other than a Saturday, Sunday or public holiday in New Zealand (Business Day), it shall be deemed to have been received at 9.30 am on the next Business Day.
Entire agreement, no waiver, and amendments
108. The ABTH Agreement constitutes the whole agreement and understanding between the parties with respect to the subject matter of the ABTH Agreement and supersedes all prior agreements, negotiations and discussions between the parties relating to the subject matter of the ABTH Agreement. The Purchaser acknowledges that they have not entered into the ABTH Agreement in reliance on any statement or representation, whether or not made by ABTH, except in so far as the representation has been incorporated into the ABTH Agreement.
109. ABTH reserves the right to make amendments or changes to these Package Terms from time to time without notice and such updated version will be available via the ABTH Website. For the avoidance of doubt, changes may also be made, without limitation, to the Conditions and Venue Rules and Regulations.
Severance
110. If any provision of the ABTH Agreement is declared invalid or unenforceable by any court or authority of competent jurisdiction:
(a) all other provisions of the ABTH Agreement shall remain in full force and effect and shall not in any way be impaired; and
(b) the parties shall meet and agree to a replacement provision which is as close as is legally permissible to the provision found invalid, or unenforceable.
Rights of Third Parties
111. Any person (other than World Rugby, as applicable) not party to these Package Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999.
Age Policy
112. Access to the Venue and Experience Area will be prohibited for minors aged 15 years old and under unless accompanied (upon entry to the Venue, Experience Area and during attendance at the Match) by an adult (i.e. aged 18 years or older) who shall be responsible for the compliance of any minor with the ABTH Agreement. Packages for minors may only be purchased together with the purchase of an adult Package.
Conflict
113. If there is any conflict or ambiguity between the terms of the documents listed:
(a) the Conditions;
(b) the Package Terms;
(c) the invoice; and
(d) the Booking Form,
a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.
Applicable Law and Settlement of Disputes
114. These Package Terms will be governed by and interpreted in accordance with the laws of New Zealand. All disputes arising from or related to these Package Terms (including but not limited to any non-contractual disputes or claims) will be submitted to the exclusive jurisdictions of the courts in New Zealand. Nevertheless, ABTH reserves the right to pursue any legal proceeding in the competent courts at the defendant's domicile.
Definitions
For the purposes of these Package Terms, the following definitions shall apply:
ABTH means Sports Travel and Hospitality Limited, a company registered in New Zealand under company number 3880562 of Level 4, Tower 2, 205 Queen Street, Auckland, 1010, New Zealand;
ABTH Official Agent means an entity appointed by ABTH to sell Packages;
ABTH Website means the official NZ Rugby Experiences website at www.allblackstravelandhospitality.com;
Ambush Marketing means any activity, relationship, connection or conduct, whether direct, implied or inferred that has not been authorised by ABTH or NZR and:
(a) which either directly or indirectly exploits or attempts to exploit the intellectual property and/or goodwill (whether to gain a benefit, or otherwise) related to any Match, ABTH or NZR;
(b) which creates or intends to create and/or suggests or is capable of suggesting (actually or by implication) an association with a Match such that members of the public would reasonably believe such third party to be an Authorised Partner and/or proceeding with the approval of ABTH or NZR; and/or
(c) which diminishes and/or has the potential to diminish the status of a Match, ABTH, NZR and/or any Authorised Partner including but not limited any offering, giving away, or selling of tickets, hospitality, travel, premiums, product samples and/or other marketing materials in connection with the promotion of goods or services or otherwise and/or any direct and express reference to a Match that has not been authorised by ABTH or NZR;
Authorised Partners means all persons or parties appointed by and/or on behalf of or NZR as licensees or official partners of or NZR including any so called “Principle Partners”, “Official Partners”, “Official Sponsors” “Official Suppliers”, broadcasters, travel and hospitality agents and merchandise licensees and any other parties that have entered into a commercial engagement or relationship with or NZR;
Authorised Person means any stewards, security, safety personnel and/or any other persons involved in the operations and management of the Venue and including those persons who are legally authorised to take such steps at the Venue in relation to security measures, the confiscation of items and prevention of Holders from holding or bringing any prohibited or restricted items into or near the Venue or Experience Area;
Booking Form means the standard form sent by ABTH to the Purchaser in relation to the purchase of Package(s) as part of the ordering process;
Conditions means the applicable Ticket Terms and Conditions for the Match contained at Appendix 1 to these Package Terms;
Holder means any individual holding, possessing or using, or who has held, possessed or used, and including any person that benefits in any way whatsoever from an Package purchased by the Purchaser and any other person or third party using an Package that has been provided to them under the prior express approval of ABTH;
Purchaser means the individual who has purchased a Package;
Experience Area means all areas for which Purchasers and Holders are permitted access as part of their Packages;
Package means a package incorporating the supply of a Ticket with: (i) merchandise (ii) travel; (iii) accommodation; (iv) hospitality; and/or (v) Match Day or non-Match Day experience services;
Package Documents means some or all of the following as provided by ABTH and NZR as part of the Package(s): (a) itinerary; (b) Venue location map; and (c) Package pass for access to the relevant Experience Area;
Force Majeure means all events beyond the control of the affected party including, but not limited to, acts of God, inclement weather, flood, lightning, fire, trade disputes, strikes, lockouts, pandemics, epidemics, acts or omissions of Governments or other competent authority including acts of terrorism, war, military operations, acts or omissions of third parties for whom the affected party is not responsible; means any circumstance outside the reasonable control of the Parties including without limitation, any strike or lock-out or industrial action of whatever nature (which is not due to any party to this Agreement including any associates, agents, representatives or employees of such party), accidental fire, typhoon, hurricane storm or tempest, act of God, explosion, casualty, sabotage, flood, earthquakes, subsidence, epidemic, an outbreak or spread of any virus, plague or other disease, pathogen or illness, howsoever described, which has been classified as a public health emergency and/or otherwise determined to be a pandemic or an epidemic by the World Health Organisation or by the European Union or any organ thereof or any other cause or event (whether of a similar or dissimilar nature), or other natural physical disaster, structural damage, failure of power supplies, riot, crowd disorder, war, act of terrorism, civil commotion or any legislation, regulation, ruling or omissions (including failure to grant any necessary permissions) of any relevant government, court or any competent national or international authority, including all decisions taken by government, administrative or judicial authorities that are binding upon ABTH or NZR. For the avoidance of doubt, changes in applicable laws shall not constitute an event of Force Majeure unless such changes in applicable laws arise directly from or are directly related to one of the preceding types of events;
Match means a rugby match which forms part of the Package.
Match Organiser means the entity that controls the Match, which may from time to time not be NZR.
Package Fee means the price of the relevant Package, which is inclusive of taxes, but exclusive of duties and charges imposed or levied in connection with the supply of the Packages (including, but not limited to, any postage and/or packaging) which shall be paid by the Purchaser in addition to the Package Fee as detailed on the ABTH Website or in the invoice issued by ABTH;
Prohibited Conduct means the prohibited behaviours listed in paragraphs 50, 51 to 56 and 83 of the Conditions and specified in the Ticket Terms and Conditions;
Prohibited Materials means all the items listed in Venue Rules and Regulations and/or Ticket Terms and Conditions;
Ticket means a ticket giving right of entrance to a particular Match or Match Day at a particular Venue in accordance with the information stated thereon and use of which shall be subject always to the Conditions (contained at Appendix 1 and which are incorporated into these Package Terms);
Ticket Terms and Conditions means all applicable ticket terms and conditions in relation to a specific Match supplied by ABTH and/or set out in Appendix 1.
Venue means all areas, including the stadium, grounds and facilities in which or where a Match is taking place or is scheduled to take place and for which a Ticket is required in order to obtain access and/or attend, including all entrances, exits, gates and other official areas;
Venue Rules and Regulations means the rules and conditions which are applicable in the Venue in which the Match is taking place. The Venue Rules and Regulations shall be a) available to view on the ABTH Website, and b) displayed at the entrance of each Venue;
APPENDIX 1
TICKET TERMS AND CONDITIONS
CHICAGO 2025 ALL BLACKS V IRELAND
TICKETS ISSUED BY NZRCLP
2025-NZRCLP-Match-Ticket-Terms-and-Conditions.pdf