FORMULA E HONG KONG EPRIX 2016 TICKET TERMS AND CONDITIONS (“CONDITIONS”):
These Conditions apply to all Tickets. Please read these Conditions in their entirety. We would like to draw your attention to the following important conditions:
- Any person entering the Circuit Park cannot film, take photographs or make any sound recording for any purpose other than for his own private enjoyment unless with the permission of the Event Organiser (clause 11.1).
- The Event Organiser will have the right to inspect and refuse bags or other items to be brought into the Circuit Park (clause 6.4).
- No food and outside drinks are to be brought into the Circuit Park. Personal water bottle can be an exception. (clause 15.1).
“Authorised Retail Channels” means Ticketflap <https://www.ticketflap.com/> or any other retail channels authorised by the Event Organiser to sell Tickets to the Race;
“Circuit Park” means the area around and within the Race Track set aside for events relating to the Race, including the eVillage;
“Event Organiser” means Formula Electric Racing (Hong Kong) Limited;
“Race” means the event promoted as the “FIA Formula E Hong Kong ePrix 2016” held in Hong Kong on October 8, 2016 and October 9, 2016;
“Race Track” means the street track on which the Race will be held;
“Ticketholder” means any person(s) who has purchased a Ticket, either through the Authorised Retail Channels or from the Event Organiser directly; and
“Ticket” means a general admission ticket, Grandstand ticket or other authorised ticket for the Race issued by the Event Organiser.
2.1 The purchase of Tickets shall be conducted only through the Authorised Retail Channels or the Event Organiser.
2.2 The acceptance of a Ticket booking is in the Event Organiser’s sole and absolute discretion.
2.3 All Tickets sold are non-refundable except as provided by the Conditions or in the Event Organiser’s sole discretion.
3.1 Payment for the Tickets shall be made by using the methods specified by the Authorised Retail Channels.
3.2 The issuance and use of a valid Ticket is conditional upon payment of the Ticket price in full.
4.1 The Ticket entitles the Ticketholder entry to the Circuit Park on October 8, 2016 and October 9, 2016, for the purposes of viewing the supporting and qualifying races taking place on the Race Track.
4.2 The Ticket does not entitle the Ticketholder to entry to or viewing of any other events held in connection with the Race or utilizing any portion of the Circuit Park on October 7, 2016, October 8, 2016 and October 9, 2016, other than as described in clause 4.1.
4.3 The Ticketholder is responsible for lost, misplaced or stolen Tickets for the Race. However, the Event Organiser will consider, in its sole and absolute discretion, providing a replacement Ticket if the Ticketholder who bought such Ticket is able to produce a police report reporting the loss, misplacement or theft of the Tickets in question, together with a letter from the Ticketholder specifying the number of Tickets, types of Ticket and Ticket allocation so lost, misplaced or stolen, and confirming that they authorise the issuance of new Tickets. The lost, misplaced or stolen Tickets will be voided and replacement Tickets issued by the Event Organiser upon the Event Organiser’s receipt, verification and acceptance, in its sole and absolute discretion, of such police report and letter and the Ticketholder’s payment of any applicable re-issue and other administrative fees.
4.4 Ticket(s) cannot be exchanged or refunded under any circumstances, including but not limited to the possible non-appearance of any particular person, group or personality expected by the Ticketholder, whether expected to enter the Race or not and whether advertised or not; or any variations to the programs, conveniences and/or attractions; or any adverse weather conditions or any other circumstances whether they are within or beyond the reasonable control of the Event Organiser.
5 Transfer of tickets
5.1 The Ticketholder accepts that Tickets are only valid if purchased from an Authorised Retail Channel or from the Event Organiser. Any Ticket(s) obtained in breach of these Conditions shall be void and all rights conferred or evidenced by such Tickets shall be nullified. Any person seeking to use a Ticket obtained in breach of these Conditions in order to gain or provide entry to or remain at the Race will be liable to be refused admission to or be ejected from the Circuit Park and may be liable to legal action. The Event Organiser reserves the right to retain or confiscate any Ticket obtained other than in accordance with these Conditions, as reasonably determined by the Event Organiser, without any liability to make any refund in respect thereof.
5.2 The Tickets shall not be used as competition prizes or trade incentives nor may they be used in raffles, tombolas, lotteries or draws, whether for commercial or charitable purposes (whether at the Circuit Park or elsewhere), without the prior written permission of the Event Organiser who may withhold such permission at its sole and absolute discretion.
5.3 The Event Organiser may assign its rights under these Conditions to any third party and may perform its obligations under these Conditions through any third party without the consent of the Ticketholder. Where an obligation is stated as being performed by the Event Organiser this shall also include, at the Event Organiser’s sole discretion, any third party performing such obligation on behalf of the Event Organiser. The rights of the Ticketholder under these Conditions are personal to the Ticketholder and may not be assigned or sub-licensed or otherwise transferred by the Ticketholder, save in accordance with this clause 5.
6 Entry and Display of Tickets
6.1 As a condition of entry into the Circuit Park, the Ticketholder acknowledges and accepts that the Race, motor racing and the activities associated therewith are dangerous and attending the Race or being in or in the vicinity of the Circuit Park may involve personal risk, and that attendance at the Race or the Circuit Park is entirely at the Ticketholder’s own risk.
6.2 Without prejudice to clause 6.1, any Ticketholder who is under eighteen (18) years of age must be accompanied and supervised at all time by his or her parent or guardian who must also hold a Ticket. The Event Organiser strongly advises that children under five (5) years of age should not attend the Race for safety and other operational reasons. Any Ticketholder who brings a child below five (5) years of age into the Circuit Park agrees to indemnify the Event Organiser and hold harmless therefrom any liability arising from their decision to bring such child into the Circuit Park. For the avoidance of doubt, all persons regardless of age must have a valid Ticket to enter the Circuit Park.
6.3 The Ticketholder shall display the correct Ticket at all times. No person will be admitted to the Circuit Park or any part therein without the correct Ticket. The Event Organiser and its appointed vendors and suppliers reserve the right not to admit or serve a person who does not display the correct Ticket, and the Event Organiser may require such person(s) to immediately leave the Circuit Park.
6.4 For security and safety reasons, the Event Organiser reserves the right in its sole and absolute discretion:
(a) to refuse to allow Ticketholders to bring suitcases, bags and/or other objects into the Circuit Park (or into any area under the control of the Event Organiser) whether before, during or after the Race; and
(b) to inspect any bag or other item which any person wishes to bring into or remove from the Circuit Park, whether before, during or after the Race.
7 Use of the Circuit Park
7.1 The Ticketholder shall comply with: (i) these Conditions; (ii) the conditions of entry displayed at the Race; (iii) all instructions displayed within the Circuit Park; (iv) any security arrangements, directions or notices displayed or given by the authorities or officers, employees or agents of the Event Organiser; (v) all rules forbidding entry to the pit lanes and Race Track; and (vi) all laws, regulations or requirements of any authorities having jurisdiction over the activities of the Event Organiser, the Race and/or use or occupancy of the Circuit Park.
8 Availability of the Circuit Park
8.1 If the Event Organiser is unable to obtain or maintain rights to use the Circuit Park or any part thereof, the Event Organiser may at its absolute discretion provide an alternative facility comparable to the Circuit Park or such part, but shall not in any event be liable to the Ticketholder for, and the Ticketholder hereby releases and discharges the Event Organiser from any damages, loss (including, without limitation, any indirect loss, consequential loss or loss of profit), costs and expenses that may be suffered by the Ticketholder as a result of the Event Organiser failing to provide the Circuit Park, in whole or in part, or an alternative facility.
8.2 The Event Organiser reserves the right to refuse admission or to eject from the Circuit Park any Ticketholder:
(a) whose presence within the Circuit Park is, or could (in the Event Organiser’s sole and absolute discretion), constitute a source of danger, nuisance or annoyance to any other person; and/or
(b) where (in the Event Organiser’s sole and absolute discretion) the circumstances require such refusal or ejection for health and safety, environmental and/or security concerns.
9.1 The Ticketholder acknowledges and agrees that there is no assigned seating for general admission or Grandstand tickets or guarantee of available seating for any Ticketholder.
9.2 The Event Organiser reserves the right to determine in its sole and absolute discretion and impose any conditions it deems fit on the nature and location of the Circuit Park and any dedicated areas within the Circuit Park in all respects including whether or not the Event Organiser may provide grandstand or any other seating and the type and position of any such seating for any Ticketholder.
9.3 While the Event Organiser endeavours to offer the best view possible to all spectators, the nature of a street circuit is such that the Event Organiser cannot guarantee a completely unobstructed view from all angles due to existing or race infrastructure and the Ticketholder shall accept such view or seating as shall be made available to the Ticketholder.
10 The Race
10.1 In the event of adverse weather on any or all of the days of the Race, the Event Organiser shall have the sole and absolute discretion to delay or postpone the Race for that day, and if necessary, to cancel or abandon the Race. The Race may resume after such delay or postponement and shall remain governed by these Conditions.
10.2 The Ticketholder acknowledges that it is fully responsible for any losses it may suffer as a result of cancellation, abandonment or postponement of the Race and for taking out adequate insurance cover against such losses.
10.3 The schedule for the Race and its proposed format are only provisional and subject to change as may be necessary due to adverse weather conditions or other reasons. The Event Organiser is not liable to the Ticketholder for any changes in the schedule of the participants or format of, or any other element of the Race or arising from the arrangement of a substitute event.
10.4 The Event Organiser reserves the right to change entertainment facilities, entertainment line-up, Circuit Park facilities and placement and accessibility of video screens in its sole and absolute discretion.
11 Photographs, Image, Recording, and the Collection of Information
11.1 The Ticketholder must not make, create, store, record or transmit any kind of sound recording, video recording, visual footage or audio-visual footage of, at or in relation to the Race (“Recording”), or store, record or transmit any information or other data including official timing, results, performance, telemetry, weather or race control data of, at, or in relation to the Race (“Data”). Unless authorised by the Event Organiser in writing, the Ticketholder must not bring into or use within the Circuit Park any equipment that may enable a person to do the aforementioned acts. Personal electronic devices (including still image cameras, mobile telephones and other personal communications devices) are permitted within the Circuit Park unless otherwise advised, provided that any Recording, Data and any image, including photographic images and any still pictures derived or capable of being derived from a Recording of, at or in relation to the Race (“Image”) that is recorded, stored and/or created thereon is used for personal, private and non-commercial purposes only.
11.2 Without limiting any action available to the Event Organiser, it is a condition of sale that the Ticketholder acknowledges and accepts that it is a condition of entry to the Circuit Park and/or Race that:
(a) the use of any such Recording, Data or Image (“Footage”) or any part of it for profit, commercial gain, public advertisement, display or for any other purpose except for the private, personal and non-commercial enjoyment of the person making/recording the Footage, without the prior consent of the Event Organiser, is strictly forbidden and will constitute a breach of these Conditions for which the Ticketholder shall be liable; and
(b) if a person makes or reproduces or uses any Footage or any part of it with or without the consent of the Event Organiser, that person shall, on request by the Event Organiser, assign in writing, all copyright and all intellectual property rights in the Footage to the Event Organiser or its assignees (as the Event Organiser may direct).
11.3 As a spectator, the Ticketholder may be filmed or sound recorded for broadcast (or similar transmission), and by accepting and using the Ticket to access the Circuit Park, the Ticketholder hereby consents and to such recording and subsequent broadcast or other distribution.
11.4 The Ticketholder accepts that the Circuit Park and all areas accessible to Ticketholders are locations which are open to the public, and the Ticketholder may be recorded or photographed in the Circuit Park and such areas. Such recording and photography constitutes reasonable, expected means by which the Ticketholder’s personal data may be recorded at such locations and in connection with the Race. The handling or processing of any moving pictures, still pictures, sound recording or any of them will be otherwise subject to such policies relating to personal data as the Event Organiser may apply, in each case as may be made publicly available on its website and amended from time to time by the Event Organiser.
12 Indemnity and Liability
12.1 Subject to clause 12.7, these Conditions, together with any terms and conditions applicable to grandstand tickets or corporate bookings, if applicable, constitute the entire agreement between the Event Organiser and the Ticketholder, and supersede any previous agreement or understanding and may not be varied except as expressly agreed in writing by an authorised officer of the Event Organiser. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
12.2 The Event Organiser does not give any warranty, guarantee or other term (whether expressed or implied under statute or otherwise) as to the fitness for purpose, quality, suitability or otherwise of the Race and all such warranties, guarantees and other terms are excluded.
12.3 The Event Organiser has limited control over the actual running of the Race and all details and descriptions in relation thereto are for guidance purposes only. For the avoidance of doubt, the date of the Race is subject to change by the Event Organiser. In the event of the date change, the Ticketholder will be admitted with the existing Ticket on the revised date.
12.4 The Event Organiser shall not be held liable for any act or omission by any person not employed directly by the Event Organiser.
12.5 The Event Organiser, its affiliates, directors, officers, shareholders, licensors, vendors and suppliers (the “Indemnified Parties”) shall not be held liable for any loss, damage or expense caused by cancellation of the Race because of government action, weather, strike, civil unrest, disasters or other force majeure event.
12.6 The Indemnified Parties shall bear no responsibility for any loss of property or personal effects brought into the Circuit Park.
12.7 Save for death or personal injury caused by the negligence of the Event Organiser, the Indemnified Parties shall not be liable to the Ticketholder by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of these Conditions for any loss of profit, or any indirect, special or consequential loss, or any damage, costs, expenses or other claims (whether caused by the negligence of the Event Organiser, its servants or agents or otherwise) which arise out of or in connection with the provision of the Race (including any delay in providing or failure to provide the Race).
12.8 The entire liability of the Indemnified Parties under or in connection with these Conditions in aggregate shall in no event exceed the price of the Ticket(s) except as expressly provided in these Conditions.
12.9 The Ticketholder shall indemnify the Indemnified Parties against all losses, damages, fines, costs and expenses incurred or suffered by the Event Organiser in connection with or as a result of any conduct or any breach of any of these Conditions by the Ticketholder.
13 Intellectual Property Rights
13.1 The Event Organiser is the commercial rights holder and commercial organiser of the Race that comprises a round of the [FIA Formula E Championship]. The use of trademarks by the Ticketholder owned by the Event Organiser and its affiliates (including but not limited to those set out in this clause 13.1) is STRICTLY PROHIBITED. [Insert trademark owner] is the owner of the FIA 2016 FORMULA E HKT HONG KONG EPRIX brand and all associated trademarks.
13.2 It is a fundamental term of these Conditions that no person may use the name of the Race or part thereof (nor any abbreviation or foreign language version thereof) nor any logo or graphic device of or relating to the Race for any commercial purpose whatsoever without the prior written consent of the Event Organiser (such consent may be withheld, delayed or conditional at the Event Organiser’s sole and absolute discretion).
14.1 If the Ticketholder commits any breach of these Conditions, then on the giving of notice by the Event Organiser to the Ticketholder at any time after the occurrence of such breach:
(a) The Ticketholder shall be deemed to have forfeited its rights but not its obligations under these Conditions;
(b) The Event Organiser will be free to re-sell any Ticket held by the Ticketholder who is in default;
(c) The Event Organiser shall, without any further action by either party, be unconditionally and irrevocably constituted and appointed as the Ticketholder’s attorney to do, perform and execute all things and documents as may be necessary or desirable to transfer or assign Ticketholder’s rights, benefits and entitlements; and
(d) The forfeiture of any monies pursuant to this clause 14 shall not preclude any other rights which the Event Organiser may have under these Conditions or all other rights and remedies available to the Event Organiser at law, in equity, under contract or otherwise.
15.1 The Ticketholder shall not bring food or beverages of any kind into the Circuit Park.
15.2 Without prejudice to clause 11.3, the collection, use or disclosure or handling of personal data by the Event Organiser shall be subject to such policies relating to personal data as the Event Organiser may apply, in each case as may be made publicly available on its website and amended from time to time by the Event Organiser.
15.3 No amendment or variation of these Conditions is valid or binding on a party unless made or confirmed by an authorised officer of the Event Organiser in writing.
15.4 Each of the provisions of these Conditions is severable from the other(s). If any such provision or part thereof becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of these Conditions and the validity, enforceability or legality of the remaining provisions hereunder shall not in any way be affected or impaired thereby. The headings in these Conditions are inserted for convenience only and shall not affect the interpretation of these Conditions. Any reference to conduct includes without limitation, an omission, statement or undertaking whether or not in writing.
15.5 This contract is governed by the laws of Hong Kong and the parties hereby submit to the non-exclusive jurisdiction of the courts of Hong Kong Special Administrative Region for all disputes arising out of or in connection with these Conditions.
FORMULA E HONG KONG EPRIX 2016 GRANDSTAND TICKET TERMS AND CONDITIONS (“GRANDSTAND CONDITIONS”)
Defined terms will have the same meaning as defined in the Conditions.
These Grandstand Conditions apply to all Grandstand tickets, and with respect to such Grandstand tickets, are hereby incorporated into and made an integral part of the Conditions. In the event of any conflict between the provisions of the Conditions and these Grandstand Conditions, these Grandstand Conditions will prevail.
3.1 Purchase of the Grandstand tickets must be made in accordance with clause 2 of the Conditions.
4.1 In addition to the rights granted by clause 4.1 of the Conditions, the Grandstand ticket entitles the Ticketholder to entry into the Grandstand on October 8, 2016 and October 9, 2016 for the purpose of viewing the supporting and qualifying races taking place on the Race Track.
4.2 For the avoidance of doubt, the Grandstand ticket does not entitle the Ticketholder entry to the areas or events as set out in clause 4.2 of the Conditions.