Standard Trading Terms of Boomtown Events

Introduction

Please read all of these Trading Terms carefully. These terms are the basis on which Boomtown Events will do business with you (the Customer) and are applicable to any ticket purchased for an event owned, arranged or managed by Boomtown Events and the Event itself. It is very important that you understand these trading terms as by purchasing a ticket and attending the Event you are bound by these Trading Terms. Certain clauses have been typed in bold to draw your attention to them. Despite that, all clauses are important and if there are any that you do not understand, please contact Boomtown Events for assistance.

Please note that there are clauses that:

  1. require you and/or any Attendee of the Event to assume risk and/or limit your/their rights and/or the liability of Boomtown Events (for example clauses 3, 9, 11.4, 12.2, 15.5, 19, 20 and 21);

  2. require you and the Attendees to indemnify Boomtown Events (for example clauses 7.9 and 11.2); and

  3. Require you to acknowledge certain facts (for example clause 3).

1. Definitions and interpretation

1.1 In these Trading Terms:

(1) Boomtown Events means Boomtown Events (PTY) Ltd, registration number 2016/358578/07

(2) Attendee means any person in lawful and bona fide possession of an Entrance Ticket purchased by the Customer from the Ticketing Body or Event Organiser (on behalf of Boomtown Events) or Boomtown Events

(3) Business means all and any business undertaken by Boomtown Events, including but not limited to any advice, information or service provided, whether gratuitously or not, in connection with the Services

(4) CPA means the Consumer Protection Act, 2008;  

(5) Customer means any person that has purchased or intends purchasing an Entrance Ticket;

(6) Entrance Ticket, where applicable, means the official entrance ticket or general access ticket issued by the Event Organiser or Ticketing Body, where applicable, for the Event or for a designated day of an Event should the Event take place over more than one day; 

(7) Event means any sporting, musical, recreational or social function or event which is the subject of the Services and for which the Entrance Ticket was purchased;

(8) Event Organiser means the authority responsible for the Event, which may in certain circumstances be Boomtown Events;

(9) Hospitality Area means the area designated for the provision of the Services;

(10) Legal Requirements means any law, by-law, regulation, ordinance, licence, approval, permit, consent, regulation or requirement of any relevant authority;

(11) Party/ies means either or both, as the context requires, the Customer and Boomtown Events and, where applicable, the Attendees;

(12) Purchase Price means any amount specified by the Ticketing Body, Event Organiser or Boomtown Events payable for the Entrance ticket, but does not include any additional charges or costs due to Boomtown Events in terms of these Trading Terms;

(13) Services means the services provided by Boomtown Events, being the staging of the Event, which may include the provision of food and bar facilities for a specified limited period of time and in relation to the specific Entrance Ticket purchased, and any ancillary services provided by Boomtown Events;

(14) Ticketing Body means the person or entity responsible primarily for the issuing of Entrance Tickets, whether designated or appointed by the Event Organiser or Boomtown Events;

(15) Trading Terms means these standard trading terms and conditions of Boomtown Events, including any annexure and schedule hereto;

(16) Unauthorised Persons means any person in unlawful or unauthorised possession of an Entrance Ticket; and

(17) VAT means value-added tax as defined in the Value-Added Tax Act, 1991. 

1.2 Any reference in these Trading Terms to:

(1) in writing/written means by letter, facsimile or e-mail; and

(2) person or party is construed as a reference to any natural or juristic person, firm, corporation, government, state, agency or organ of a state, association, trust or partnership (whether or not having separate legal personality).

1.3 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

1.4 The headings do not govern or affect the interpretation of these Trading Terms.

1.5 Unless the context indicates otherwise an expression which denotes any gender includes both the others; reference to a natural person includes a juristic person; the singular includes the plural, and the plural includes the singular.

1.6 Any reference to day refers to calendar days.

1.7 The words including and in particular are without limitation.

1.8 Any reference to a document or instrument includes the document or instrument as ceded, delegated, novated, altered, supplemented or replaced from time to time.

1.9 A reference to a Party includes that Party’s successors-in-title and permitted assigns.

1.10 The rule of interpretation that, in the event of ambiguity, the contract must be interpreted against the party responsible for the drafting of the contract does not apply.

1.11 The termination of these Trading Terms does not affect those of its provisions which expressly provide that they will operate after termination, or which must continue to have effect after termination, or which must by implication continue to have effect after termination.

 

2. Application of these Trading Terms

2.1 All Business undertaken by Boomtown Events and any attendance at an Event is subject to these Trading Terms.

2.2 Boomtown Events will provide the Services only on the basis set out in these Trading Terms.

2.3 The Customer must adhere to, and is bound by, these Trading Terms.

2.4 The Customer is obliged to procure that all Attendees of any Event adhere to and are bound by these Trading Terms.

2.5 If applicable, should the Customer amend or strike out any term of these Trading Terms or not agree to any terms or conditions hereof s/he must bring that amendment or striking out or disagreement to the attention of Boomtown Events. Any such amendment or striking out amounts to a counter offer by the Customer and is only effective if Boomtown Events acknowledges and consents to the amendment or striking out in writing.

2.6 Boomtown Events is entitled to amend these Trading Terms and to publish supplementary terms and conditions, which amendments and supplements shall take effect from the date on which they are made by Boomtown Events. As and when any amendment or supplement is made it shall be available at the offices of Boomtown Events. Whilst Boomtown Events will take reasonable steps to publicise amendments by an indication to that effect on its email correspondence or on its website, its failure to do so shall not in any way prevent the amendment or supplement taking effect. Should the Customer be dissatisfied with the amendments, s/he is entitled to cancel the Services on seven days’ written notice, which notice must be sent within three days of becoming aware of the amendment

 

3. CONSENT TO PERFORM THE SERVICES

3.1 The Customer specifically consents to Boomtown Events performing the Services in terms of these Trading Terms, on behalf of:

  1. the Customer; and

  2. the Attendees,

    and warrants that it is authorised and entitled to provide such consent.  

3.2 The Customer undertakes to ensure and warrants that at all times all Attendees and, where applicable, their legal guardians are aware of these Trading Terms and that s/he is authorised to accept these Trading Terms on behalf of those parties. All provisions of these Trading Terms apply to the Attendees, including all limitations on Boomtown Events’s liability and all indemnities.

[The effect of this clause 3 is that the Customer assures Boomtown Events that it is able and entitled to contract and agree to these Trading Terms on behalf of the Attendees and will communicate these Trading Terms to the Attendees. The Customer is responsible for the Attendees’ compliance with these Trading Terms and Boomtown Events may seek recourse against the Customer if this is not true and/or the Attendees do not comply with these Trading Terms.]  

 

4. BOOKING AND CONFIRMATION

4.1 All Entrance Tickets are subject to availability.  

4.2 No provisional booking will be considered by Boomtown Events. 

4.3 Boomtown Events reserves the right to refuse to sell an Entrance Ticket to any person, in its reasonable discretion.

 

5. PAYMENT TERMS AND COLLECTION OF ENTRANCE TICKETS

5.1 Where the Event Organiser or Ticketing Body is responsible for the issuing of tickets, their terms and conditions will apply in addition to these Trading Terms. In the event of conflict, these Trading Terms will apply.

5.2 Full payment of the Purchase Price must be made in accordance with the terms and conditions of the body issuing the Entrance Ticket, but in all instances must be paid prior to collection of the Entrance Tickets.

5.3 The Customer agrees that s/he will only be entitled to receipt of the Entrance Ticket once full payment of the Purchase Price has been received by the Ticketing Body.  

 

6. THE EVENT

6.1 Subject to these Trading Terms and the trading terms of the Ticketing Body or Event Organiser (whichever is applicable), the Entrance Ticket will allow the bearer/Attendee entrance to the Event as described on that Entrance Ticket.  

6.2 At any time, and on notice to the Customer, Boomtown Events reserves the right to make suitable substitutions or amendments to the nature of the Event, where necessary and required by circumstances beyond its reasonable control. Unilateral amendments to the Event will not be made other than as a result of circumstances beyond Boomtown Events’s reasonable control. 

 

7. FOOD AND BEVERAGES

7.1 Boomtown Events and/or its nominee have exclusive right to provide all catering and the supply of all food and/or a variety of alcoholic and non-alcoholic beverages within the Hospitality Area.

7.2 No food and beverages of any kind may be brought into the Hospitality Area without the consent of Boomtown Events, which consent will not be unreasonably withheld.

7.3 Without limiting clause 7.2, Boomtown Events reserves the right to levy a service or corkage charge, respectively, for any food and beverages brought into the Hospitality Area in breach of these Trading Terms, which charge will approximate its lost revenue as a consequence of that breach and may be determined in its reasonable discretion.

7.4 Boomtown Events abides and adheres to the Legal Requirements related to the sale and distribution of alcohol, therefore where alcoholic beverages are to be served in the Hospitality Area, Boomtown Events will require the beverages to be dispensed only by Boomtown Events’s servers and bartenders.

7.5 In terms of the Legal Requirements related to the sale and distribution of alcohol, Boomtown Events may refuse alcoholic beverages to any persons under the age of 18 years or any persons who, in the discretion of Boomtown Events, appear to be intoxicated.

7.6 Boomtown Events and any of its employees, agents, representatives or suppliers may request any person to produce his/her identity document before any alcohol is served and will refuse to serve any alcoholic beverage to any person, should s/he fail to produce his/her identity document.

7.7 The Customer and Attendees are prohibited from knowingly (including where they ought reasonably to have known) serving, giving or allowing any person under the age of 18 years to consume alcoholic beverages.

7.8 The Customer will procure that the Attendees, and will him/herself, exercise control and ensure responsible drinking. 

7.9 The Customer and the Attendees hereby indemnify the venue owner, the Event Organiser and Boomtown Events, its employees, agents, representatives or suppliers,

  1. against any prosecution or penalties that may be instituted or imposed by any competent authority as a result of the Customer or any of the Attendees contravening the Legal Requirements related to the sale and distribution of alcohol;

  2. against any injury or death suffered by any third party as a result of assault, loss of or damage to property by the Customer or any of the Attendees; and

  3. against loss of income and any other patrimonial damages suffered by the venue owner, Event Organiser and/or Boomtown Events, as a result of a competent authority revoking, cancelling or withdrawing the venue owner, the Event Organiser and/or Boomtown Events’s liquor licenses or as a result of a competent authority’s refusal to grant the venue owner, the Event Organiser or Boomtown Events any liquor license in the future due to the Customer or any of the Attendees contravening any Legal Requirements related to the sale and distribution of alcohol.

    [The effect of this clause 7.9 is that the Customer will be required to make good any losses, expenses or harm suffered by Boomtown Events as a result of the conduct of the Customer and/or the Attendees described above. Boomtown Events is entitled to compensation for damages suffered by it in these circumstances and can require that the Customer put it in the position it would have been, had the Customer and/or Attendees not conducted themselves as contemplated above.]

    7.10 The benefits of the indemnity in clause 7.9 are capable of acceptance at any time.

    7.11 The Customer and any of the Attendees are prohibited from removing any food and alcoholic drinks from the Hospitality Area. All food and alcoholic beverages must be consumed within the Hospitality Area.

    7.12 The Customer and Attendees agree to comply with Boomtown Events’s reasonable requests from time to time when in or around the Hospitality Area.

 

8. ACCESS TO HOSPITALITY AREA

8.1 To gain access to the Hospitality Area, the Customer and each of the Attendees must ensure that they bear the Entrance Ticket and present such Entrance Ticket at the Event and at the Hospitality Area entrances. No access to the Hospitality Area will be granted, without the Entrance Ticket being presented at the relevant check points.

8.2 Safe-keeping of the Entrance Ticket is the responsibility of the Customer and Attendees, and Boomtown Events is not responsible for any cost, expense, loss, liability or claim arising from, or in connection with lost, stolen or misplaced Entrance Tickets or the unauthorised use of Entrance Tickets.

[The effect of this clause 8.2 is that Boomtown Events will not be required compensate the Customer or Attendees and the Customer and Attendees have no recourse against Boomtown Events in the event that they suffer any cost, expense, loss, liability or claim arising from any lost, misplaced to stolen ticket.]

8.3 Any lost, stolen or misplaced Entrance Ticket or any use thereof by Unauthorised Persons could result in the Customer’s and/or Attendee’s access to the Event or the Hospitality Area being denied.

8.4 Right of admission to the Hospitality Area is reserved by Boomtown Events and Boomtown Events may, in its discretion, refuse entry to any Customer and any Attendee who does not abide by these Trading Terms or Boomtown Events’s reasonable requirements from time to time

 

9. PARKING

If the Entrance Ticket includes a parking ticket, then the Customer agrees that s/he and the Attendees park their vehicles at their own risk.  Boomtown Events is not liable for any damage or loss suffered by the Customer and/or any of the Attendees, unless the damage or loss is due to the gross negligence of Boomtown Events.

[The effect of this clause 9 is that unless the loss or damage is caused by Boomtown Events’s gross negligence, Boomtown Events is not responsible for and will not be required to compensate the Customer or Attendees and the Customer and Attendees have no recourse against Boomtown Events for any loss or damage to their vehicles while parked in the parking area.] 

 

10. CHILDREN

10.1 The Customer and/or any of the Attendees shall ensure that any children and minors that accompany them to the Event are adequately supervised at all times.

10.2 The Customer and/or the Attendees will at all times be responsible for the safety of the children and minors that accompany the Customer.

10.3 The Customer indemnifies Boomtown Events against any cost, expense, loss, liability or claim arising out of a breach of is obligations in clause 10.2.

[The effect of this clause 10.3 is that the Customer will be required to make good any losses, expenses or harm suffered by Boomtown Events as a result of a breach of his/her obligations relating to children as contemplated above. Boomtown Events is entitled to compensation for damages suffered by it in these circumstances and can require that the Customer put it in the position it would have been, had the Customer and/or Attendees not conducted themselves contrary to its obligations contemplated above.]

 

11. Smoking, fire and electricity

11.1 Smoking is only permitted in areas specifically designated by the Event Organiser or Boomtown Events, where applicable, as areas for smoking.

11.2 The Customer and the Attendees hereby indemnify Boomtown Events against any prosecution or penalties that may be instituted or imposed by any competent authority as a result of a contravention of the Legal Requirements related to the smoking of tobacco, by the Customer and the Attendees.

[The effect of this clause 11.2 is that the Customer will be required to make good any losses, expenses or harm suffered by Boomtown Events as a result of a breach of the Legal Requirements as contemplated above.  Boomtown Events is entitled to compensation for damages suffered by it in these circumstances and can require that the Customer put it back in the position it would have been, had the Customer and/or Attendees not conducted themselves as contemplated above.] 

11.3 All fire regulations are to be observed at all times while the Customers and the Attendees are at the Event and in the Hospitality Area.

11.4 Boomtown Events shall not be liable to the Customer and/or the Attendees in respect of any claim arising from or relating to the interruption of the supply of electricity to the Hospitality Area, unless such interruption was caused by the gross negligence of Boomtown Events.

[The effect of this clause 11.4 is that unless the loss or damage is caused by Boomtown Events’s gross negligence, Boomtown Events is not responsible for and will not be required to compensate the Customer or Attendees and the Customer and Attendees have no recourse against Boomtown Events for any loss or damage arising from any interruption of electricity.  The Customer and Attendees are precluded from making any claims against Boomtown Events in these circumstances.]. 

 

12. Damage to or loss of property

12.1 The Customer and the Attendees will use the Hospitality Area in such a way that it is maintained in a safe condition at all times.

12.2 The Customer will be responsible for any damage caused to the Hospitality Area or damage to or loss of the furnishings, utensils and equipment therein or to any other property of Boomtown Events, as a result of an act, default or negligence of the Customer, the Attendees and will pay to Boomtown Events, on demand, the amount required to make good or remedy such damage or loss.

[The effect of this clause 12.2 is that Boomtown Events has a claim against the Customer, who will be required to compensate Boomtown Events for any damage or loss contemplated above. The Customer will be required to pay Boomtown Events the amount necessary to put it into the position it would have been in had the conduct of the Customer or Attendee not caused any such loss or damage.]

 

13. Disposal of property left at Hospitality Area

13.1 The Customer must ensure that no property is left at the Hospitality Area and must advise Boomtown Events in writing within six hours after the expiry of the Event of any items left at the Hospitality Area.

13.2 If Boomtown Events collects and stores any such property, the Customer will be liable to pay Boomtown Events’s reasonable charges for removing that property and storing it. 

 

14. Failure of Client to vacate after the Event/Alternative Period

If the Customer or the Attendees fail to vacate the Hospitality Area by the expiry of the Event, Boomtown Events will be entitled: 

14.1 to levy a charge for the labour, facilities or services additional to that covered by the Purchase Price; and

14.2 to recover any costs from the Customer that Boomtown Events may suffer as a consequence of the Customer’s or Attendees’ failure to vacate, howsoever they may have arisen.

 

15. Cancellation or postponement of the Event other than by the CUSTOMER

15.1 Without limiting clause 21, should the Event, for reasons beyond the reasonable control of Boomtown Events be cancelled, Boomtown Events or the Ticketing Body will inform the Customer by suitable public announcement of that cancellation as soon as possible after it becomes aware thereof. If that cancellation occurs:

(1) more than 21 days prior to the scheduled date of the Event, Boomtown Events may retain an amount equivalent to 25% of the Purchase Price (inclusive of VAT);

(2) less than 21 days but not more than seven days prior to the scheduled date of the Event, Boomtown Events may retain an amount equivalent to 50% of the Purchase Price (inclusive of VAT); or

(3) less than seven days before the Event, Boomtown Events may retain the full Purchase Price.

15.2 In the event of the Customer having paid the Purchase Price, or part thereof, in terms of clause 15.1, Boomtown Events may retain such amount and must refund the balance, if any, to the Customer.  

15.3 Any refunds or payments made in terms of this clause 15 will not include any interest

15.4 Should the Event, for reasons beyond the reasonable control of Boomtown Events be postponed, unless otherwise agreed in writing by Boomtown Events, Boomtown Events may retain the full Purchase Price (inclusive of VAT) but the Entrance Ticket may be used and will be valid for the postponed Event.

15.5 Under no circumstances will Boomtown Events be liable for indirect or consequential damages or losses resulting from a cancellation or postponement of an Event from a cause beyond its reasonable control, including without limitation accommodation, travel and flight costs.

[The effect of clause 15.5 is that Boomtown Events is not responsible for and will not be required to compensate the Customer or Attendees and the Customer and Attendees have no recourse against Boomtown Events for any indirect or ancillary loss or damage arising from the cancellation or postponement. The types of costs listed are examples of what Boomtown Events will not be liable for but are not an exhaustive list.]   

 

16. cancellation by the CUSTOMER

16.1 Unless cancellation is due to death or hospitalisation of the Customer or Attendee, should the Customer cancel the Entrance Ticket for any reason whatsoever:

(1) more than 30 days prior to the scheduled date of the Event, Boomtown Events is entitled to a cancellation charge of 15% of the Purchase Price (inclusive of VAT);

(2) less than 30 but more than 7 days prior to the scheduled date of the Event, Boomtown Events is entitled to a cancellation charge of 50% of the Purchase Price (inclusive of VAT); or

(3) less than 7 days prior to the scheduled date of the Event or on the day of the Event, Boomtown Events is entitled to a cancellation charge of 100% of the Purchase Price.

16.2 In the event of the Customer having paid the Purchase Price, or part thereof, in terms of clause 16, Boomtown Events may retain such amount and must refund the balance, if any, to the Customer.

16.3 Any refunds or payments made in terms of this clause 16 will not include any interest whatsoever.

16.4 All cancellations by the Customer in terms of clause 16.1 must be given in writing to Boomtown Events and/or the Ticketing Body. 

 

17. Sub-contracting

Boomtown Events is entitled to sub-contract any or all of the Services without the consent of the Customer. 

 

18. Legal Requirements

18.1 Boomtown Events shall be excused from performing Services if any Legal Requirement required for it to do so is revoked, terminated, not issued or not renewed for any reason whatsoever or the execution thereof would contravene any Legal Requirement.

18.2 Boomtown Events, by complying with any Legal Requirements shall not be deemed to waive or abandon any rights in terms of these Trading Terms and shall not be deemed to have assumed any obligation, onus, responsibility or liability in favour of the Customer or any other party.

 

19. No Warranties, representations or guarantees by Boomtown Events

Unless specifically agreed to and signed by a director of Boomtown Events or as required by the CPA, Boomtown Events gives no warranties or representations in relation to the Services and/or the Event and all warranties whether express, implied or in terms of common law or otherwise are excluded.

[The effect of this clause 19 is that other than warranties it is required to give in terms of the CPA, Boomtown Events makes no assurances and makes no representations in respect of the nature, characteristics or any other aspect of the Services of the Event. Certain implied warranties that are not excluded are set out in section 54 of the CPA and relate to the time and quality of the performance of the Services. The Customer is precluded from making any claim against Boomtown Events in relation to any other alleged assurance or representation.]

 

20. Liability and claims against Boomtown Events by the CUSTOMER or third parties

20.1 The Customer and the Attendees and any Unauthorised Persons enter the Hospitality Area entirely at their own risk. 

27.2 Boomtown Events, its employees, officers and agents shall not be liable for any cost, expense, claim, liability or loss of, or damage suffered by, the Customer or any of the Attendees or any Unauthorised Persons, unless—  

(1) the loss or damage was caused by a breach of these Trading Terms or the gross negligence of Boomtown Events; or 

(2) Boomtown Events is liable in terms of section 61 of the CPA, if applicable, but subject always to the exceptions set out in that section. 

20.3 Subject to clause 20.2(2) and then only to the extent required by section 61 of the CPA, if applicable, Boomtown Events will not be liable for any consequential or indirect damages or loss of profits of the Customer or any third party, regardless of the cause.

24.4 To the extent allowed by the CPA, if applicable, and without limiting any other provisions of these Trading Terms, Boomtown Events shall not be liable under any circumstances for claims arising from or in any way connected with— 

(1) an act or omission of the Customer, the Attendees, or any person acting on their behalf;; 

(2) Boomtown Events complying with any Legal Requirement;

(3) the breakdown or failure of any equipment of Boomtown Events, provided that Boomtown Events has complied with such testing and maintenance standards for the equipment as are customary in Boomtown Events's business;

(4) any non-compliance with any Legal Requirements by the Customer and/or the Attendees;

(5) any cancellation or postponement of any Event beyond Boomtown Events’s reasonable control; and

(6) any cause contemplated in clause 21. 

20.5 Without limiting any other provision of these Trading Terms, and to the extent allowed by the CPA, Boomtown Events’s liability for any cost, expense, loss (including damage to or loss of property), damage, whether direct or indirect, arising out of or in connection with the Services and/or these Trading Terms will in no circumstances exceed the amount paid by the Customer for the Entrance Ticket.

[The effect of this clause 20 is that the Customer and Attendees attend the Event of their own free will and take on the risk of loss, damage or harm that may result.  Unless Boomtown Events has breached its obligations in terms of these Trading Terms, has been grossly negligent or is liable as a result of section 61 of the CPA, Boomtown Events is not responsible for and will not be required to compensate the Customer or Attendees and the Customer and Attendees have no recourse against Boomtown Events for any cost, expense, claim, liability, loss or damage of the Customer or any of the Attendees occurring at or connected with the Event or the Services. 

Without limiting this, in the specific circumstances in clause 20.4 the Customer and Attendees will be precluded from making any claims or seeking recourse against Boomtown Events. 

Lastly, if despite all of the above, Boomtown Events is liable for some form of cost, expense, loss, liability or claim, unless the CPA specifically requires that Boomtown Events is liable for a greater amount (and subject to any exceptions allowed by the CPA), Boomtown Events will only be required to pay the Customer the amount paid by the Customer for the Entrance Tickets purchased by it.

Section 61 of the CPA provides for liability for unsafe, defective or hazardous goods, product failure and inadequate instructions or warnings relating to a hazard. Section 61 does not apply to services unless they involve applying, supplying, installing or access to goods.]  

 

21. Force majeure

21.1 To the extent that it becomes impossible for either Party to perform any obligation (other than a payment obligation) in terms of these Trading Terms or any transaction entered into by the Parties because of an event or circumstance that was neither foreseeable nor reasonably foreseeable when these Trading Terms or any transaction between the Parties was entered into or which could not be guarded against or avoided by reasonable care (including strikes, lock-outs, acts of God, fire, war or warlike acts, civil insurrection, government interference or restrictions, storm, adverse weather conditions, embargo, high-jacking, boycott, machinery breakdown, failure to perform by a third party, structural breakdown to the building / structure in which the Event is being held, or any circumstance beyond the control of Boomtown Events), the Party may:

(1) notify the other Party of the nature, effect, extent and likely duration of the event or circumstance and keep the other party updated as may reasonably be required by that other Party; and 

(2) resume performance of its obligations when performance becomes possible. 

21.2 Notwithstanding the provisions of clause 21.1, a labour dispute, strike or lockout which could be resolved by the affected party acceding to the demands made of it, shall be deemed to be an event of force majeure.

21.3 Performance of such obligation is suspended for as long as the event or circumstance continues to make performance impossible and the Party prevented from performing is not liable for any cost, expense, loss, damage or liability arising out or in connection with its inability to perform.

[The effect of this clause 21 is that for so long as Boomtown Events is precluded from providing the Services due to circumstances beyond its control, it is excused from performance and the Customer and/or Attendees have no claim against Boomtown Events in these circumstances.]

 

22. Breach

Without prejudice to any other rights which it may have, including any right to claim damages or specific performance, Boomtown Events shall be entitled to cancel any or all agreements between it and the Customer by written notice if the Customer commits any breach of its obligations under these Trading Terms or any other terms and conditions agreed between the Parties and fails to remedy that breach within five days of written notice calling upon it to do so.

 

23. General

23.1 These Trading Terms constitute the whole agreement between the Parties in regard to its subject matter.

23.2 If any legislation is compulsorily applicable to any business undertaken by Boomtown Events these Trading Terms will be read as subject to such legislation which shall be incorporated into these Trading Terms.

23.3 The defences and limits of liability provided for by these Trading Terms shall apply in any action against Boomtown Events whether such action be founded in contract or delict (tort) or otherwise. 

23.4 Boomtown Events shall only be deemed to have received electronic data and/or or messages when such data and/or messages have been retrieved, processed and read by Boomtown Events.

23.5 No indulgence by a Party to another Party, or failure strictly to enforce the terms of these Trading Terms, is to be construed as a waiver or variation or be capable of founding an estoppel.

23.6 The Parties undertake to do everything reasonable in their power necessary for or incidental to the effectiveness and performance of these Trading Terms.

23.7 Save as is specifically provided in these Trading Terms the Customer is not entitled to cede any of its rights or delegate any of its obligations under any Agreement without the prior written consent of Boomtown Events. 

23.8 Any illegal or unenforceable provision of any Agreement, including these Trading Terms, may be severed and the remaining provisions of any Agreement continue in force.

23.9 These Trading Terms are governed by South African law.