1. All capitalized terms used in these Conditions and in the abbreviated form printed on a Ticket shall have the meaning set out in the dictionary at the end of these Conditions
2. These Conditions govern all Tickets issued for the ÜberVida Yacht and/or a Facility and/or Venue. All Tickets are issued by or on behalf of ÜberVida Ltd. Each Ticket is and shall remain at all times the property of ÜberVida Ltd. In the event of a breach of any of these Conditions, the Ticket shall, upon the request of ÜberVida Ltd., be delivered immediately to ÜberVida Ltd..
- ÜberVida Ltd. may amend these Conditions from time to time. Please check the latest version of the Conditions posted at http://ubervida.net/terms-conditions-ubervida-tickets/ to ensure you understand the Conditions that apply at the time of use of a Ticket.
Application of Conditions to the Ticket Holder
- By his/her use or attempted use of a Ticket, each and every Ticket Holder shall be deemed to have been made aware of these Conditions and to have accepted and agreed to comply with and be bound by these Conditions. In addition, the Ticket Purchaser shall be deemed to have made any subsequent Ticket Holder expressly aware of these Conditions and is responsible for ensuring that any subsequent Ticket Holder complies fully with these Conditions.
- In allowing the Ticket Holder entry to the ÜberVida Yacht, ÜberVida Ltd. relies on the Ticket Holder’s acceptance of and agreement to these Conditions.
Application of Conditions to Ticket Purchaser
- A Request Form for the purchase of Tickets may be issued by or on behalf of ÜberVida Ltd. and should be returned to such authorized representative of ÜberVida Ltd. at such address as is designated on the Request Form.
- Upon receipt of each duly completed Request Form, ÜberVida Ltd. may, in its discretion, make a provisional reservation of the requested Tickets and acknowledge in writing the reservation to the Ticket Purchaser and at the same time issue an invoice for the full payment of the total value of the provisionally reserved Tickets.
- Tickets may also be purchased using a website operated by a Website Operator or through such other means as ÜberVida Ltd. may notify from time to time.
- Upon making any payment (in whole or in part) for the value of the Tickets, the Ticket Purchaser shall be deemed to have been made aware of these Conditions and to have accepted and agreed to comply with and be bound by these Conditions.
- All payments due to ÜberVida Ltd. for Tickets shall be made in accordance with the payment terms notified by ÜberVida Ltd.
- Late or non-payment by the Ticket Purchaser of the requested Tickets may result in the cancellation of the Ticket Purchaser’s reservation and the cancellation of all other Tickets purchased or reserved by the Ticket Purchaser. In the event of a cancellation due to late or non-payment, ÜberVida Ltd. shall be entitled to retain the whole of any payment already received, which shall be non-refundable in such circumstances.
- ÜberVida Ltd. may elect at its discretion to change the scope and/or format of any of the Services at any time.
Cancellations and Refunds
- ÜberVida Ltd. reserves the right to cancel, close or make changes to the times, dates and places of any Event, and/or the Services due to unforeseen circumstances, including (without limitation) an Event of Force Majeure, safety and security concerns and/or decisions from any other competent authority including (without limitation) ÜberVida Ltd.
- If, in the reasonable opinion of ÜberVida Ltd. or any Authorized Person, the Ticket Purchaser or any Guest of the Ticket Purchaser is in breach of these Conditions, ÜberVida Ltd. may (at its option) cancel the Ticket held by the Ticket Purchaser or Guest (as applicable) and/or all other Tickets purchased or reserved by such Ticket Purchaser or Guest and ÜberVida Ltd. will not be required to issue any refund and will not have any other liability in respect of such cancelled Ticket(s).
- Save as set out in these Conditions or as required by applicable local law, the sale or other issuance of any Ticket is final and non-refundable. ÜberVida Ltd. reserves the right to not replace or accept any Ticket that has been lost, stolen, forgotten, damaged or forged, or any Ticket which is unreadable or incomplete.
Cancellations and Refunds – ÜberVida Ltd.
- In the event that, for any reason whatsoever, any scheduled Events, are postponed or cancelled for any reason whatsoever; ÜberVida Ltd. shall be entitled to retain the whole of any payment already received for Tickets, which shall be non-refundable.
- In the event that, for any reason whatsoever, the ÜberVida Yacht is fully closed, ÜberVida Ltd. shall at its option: (i) provide a replacement Ticket for an alternative Attendance Day; or (ii) issue a refund of the whole of any payment already received for the Ticket in respect of the cancelled Attendance Day(s).
Cancellations and Refunds – America’s Cup Racing
- In the event that, for any reason whatsoever, any of the scheduled sailing races are postponed or cancelled for an Attendance Day, ÜberVida Ltd. shall, unless otherwise notified to the Ticket Purchaser by ÜberVida Ltd., remain unaffected, and the ÜberVida Yacht shall maintain their normal schedule, providing a leisure cruise for a maximum of three hours around the waters of Bermuda.
- In the event that, for any reason whatsoever, the ÜberVida Yacht does not leave the dock on an Attendance Day, ÜberVida Ltd. shall at its option: (i) provide a replacement Ticket for an alternative Attendance Day; or (ii) issue a refund of the whole of any payment already received for the Ticket in respect of the cancelled Attendance Day(s)
Restrictions on Transfers
- Tickets are non-transferable except as set out in these Conditions and may not be resold under any circumstances. A Ticket Purchaser may purchase Tickets only for his/her/its own personal use and that of his/her/its Guest(s). Any such transfer by the Ticket Purchaser of a Ticket to a Guest must be made strictly subject to these Conditions (and the Guest’s acceptance thereof) which shall be binding upon the Guest in full as if the Guest was the Ticket Purchaser, save only that the Guest shall have no right to transfer the Ticket under this Condition.
- The benefit conferred by a Ticket is personal to the Ticket Purchaser or Guest and is not otherwise assignable or transferable, except as expressly permitted by these Conditions. Tickets may not be resold under any circumstances.
- If requested by or on behalf of ÜberVida Ltd. and/or any Authorized Person, the Ticket Purchaser must provide details (including the names) of his/her/its Guest(s) and ÜberVida Ltd. and/or any Authorized Person may require proof of the identity of the Ticket Holder as a pre-condition to the exercise by the Ticket Holder of any rights accorded by the Ticket.
Admission & Requirement
- Admission to the ÜberVida Yacht (as applicable) will only be authorized upon presentation of a valid Ticket for the date of attempted admission, in whole form and not defaced or damaged in any way. One (1) Ticket will be required for each person, and, upon request, the Ticket Holder shall provide proof of identity with valid photograph and signature.
- ÜberVida Ltd. and/or any Authorized Person may refuse admission to or eject from the ÜberVida Yacht or any Facility at any time without refund any Ticket Holder who, in the reasonable opinion of ÜberVida Ltd. and/or any Authorized Person (as applicable): (a) is in breach of any of these Conditions; (b) may be a source of danger, nuisance or annoyance or who may otherwise give rise to concerns in relation to the safety and security arrangements; (c) fails to comply with instructions from any Authorized Person, police, steward or other security officer; (d) who is noticeably under the influence of alcohol, narcotics or any behaviour-modifying substance; (e) damages or tampers with any property of any third party; and/or (f) is in possession of any of the following prohibited items: (i) any article that is offensive, dangerous, hazardous and/or illegal; (ii) alcoholic beverages or narcotics (other than those prescribed by a registered medical practitioner) when entering the ÜberVida Yacht or any Facility; (iii) animals; (iv) banners, placards, leaflets, signs or other materials, items, objects or clothing displaying political, religious, offensive or race-related messages, slogans or images or promotional or commercial identification or messages in breach of these Conditions; and (v) any camera or other type of photographic or recording device (of any nature whatsoever and whether capable of capturing still or moving pictures) other than for recreational and personal non-commercial use.
- The Ticket Holder shall not engage in any form of Ambush Marketing and shall not conduct any activity that conflicts with, impairs, infringes or denigrates the rights of any Commercial Partner.
- The Ticket Holder shall not whilst in or around the ÜberVida Yacht or the Venue: (a) conduct any form of betting or gambling whatsoever; (b) conduct any promotions, advertising, branding, marketing or other commercial activity; (c) offer any good(s) or service(s) for sale, including (without limitation) newspapers, periodicals, drinks, food, souvenirs, clothes or other merchandise; or (d) distribute or give away or attempt to distribute or give away any free items or any political, religious, charitable, commercial, advertising or promotional materials.
- The Ticket Holder may be searched or screened (including a reasonable search of the Ticket Holder’s bags, clothes and other possessions) by or on behalf of ÜberVida Ltd. and/or any Authorized Person prior to entry into or at any time within the ÜberVida Yacht a Facility. Should the Ticket Holder refuse to be searched in accordance with this Condition, the Ticket Holder may be refused admission to and/or ejected from the ÜberVida Yacht and/or the Facility (as applicable) without refund or compensation. Prohibited items may be removed, confiscated and/or destroyed at the discretion of ÜberVida Ltd. and/or any Authorized Person and without obligation to return such items to the Ticket Holder or to compensate the Ticket Holder in respect thereof.
- The Ticket Holder acknowledges that he/she is individually responsible for his/her own property brought into the ÜberVida Yacht and/or any Facility (as applicable).
Media & Recordings
- Any person attending any Event, shall not record and/or transmit any sound, image and/or description the Event, (as well as any result and/or statistics of the Event) other than for private use. In any event, it is strictly forbidden to disseminate over the internet, radio, television or any other current and/or future media, any sound, image, description, or result and/or statistics of the Event in whole or in part, or assist any other person(s) conducting such activities. Each Ticket Holder must not: (a) sell, assign, transfer or license the copyright in photographs taken at the Events; or (b) publish, disseminate or reproduce such photographs for any commercial purpose.
- Each Ticket Holder acknowledges that ÜberVida Ltd. and authorized third parties may record or make film, photographs, visual or sound recordings of the Event (including, without limitation, of the Ticket Holder) and hereby consents to the use of his or her image, likeness and voice, in live or recorded digital, video, film, broadcast, telecast or other display or transmission or recording, photograph or any other media, by any entity and for any purpose worldwide without payment or compensation of any kind to the fullest extent permitted by law. Nothing in this paragraph is intended to affect any statutory rights the Ticket Holder may have in this regard.
Waiver & Indemnity
- Each Ticket Holder admitted to the ÜberVida Yacht and/or a Facility acknowledges that his/her presence and/or movement in and around the ÜberVida Yacht and the Facility (as applicable) is at his/her own risk and that, to the maximum extent permitted by law, neither ÜberVida Ltd. nor any Commercial Partners nor any Authorized Persons are liable for any loss, damage and/or harm, including (without limitation) bodily or mental harm, personal property damage or loss, loss of profit, business or opportunity, indirect or consequential loss, special damages or any other loss and/or harm howsoever arising from the Event and/or his/her attendance at the Venue and/or the Facility (as applicable) and, without limitation to the foregoing, each Ticket Holder agrees that no claim, complaint or proceeding will be brought in relation to the foregoing. This Condition 30 applies to all risks of personal injury, death, loss or property damage, including risks that are not presently known or not reasonably foreseeable, that result from each Ticket Holder’s own actions, inactions, active negligence or passive negligence or the actions, inactions, active negligence or passive negligence of ÜberVida Ltd. and/or its group companies and/or any Website Operators and/or the Boat Operator and/or any Host Authorities and/or any Commercial Partners and/or any Authorized Persons or others (which may include negligent rescue operations or any other negligent acts, including those not in connection with the Events), the conditions of the premises and of any equipment used in connection with the ÜberVida Yacht and/or any Facilities and/or the Venue and/or any Events.
- Without prejudice to Condition 31 above, in no event shall ÜberVida Ltd. nor its group companies nor any Website Operator nor the Boat Operator nor any Host Authorities nor any Commercial Partners nor any Authorized Persons be in any way liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including (without limitation) damages for loss of profits, goodwill, use or other intangible losses or any other damages or losses whatsoever arising in any way out of, from, or in connection with, the use of the Ticket and/or the Ticket Holder’s attendance at the Venue and/or any part of the America’s Cup Village and/or any Facility and/or any Spectator Boat, whether arising in contract, negligence, other tort action, or on any theory of liability and whether or not ACEA or America’s Cup Race Management or any Website Operator or the Boat Operator or any Host Authorities or any Commercial Partners or any Authorized Persons (as applicable) have been advised of the possibility of such damages or losses. The negotiation of damages set out in these Conditions is a fundamental element of the basis of the bargain between ACEA and the Ticket Holder and/or ACEA and the Ticket Purchaser.
- Each Ticket Purchaser and Ticket Holder shall, jointly and severally, indemnify, defend and hold harmless ÜberVida Ltd., its group companies, the Website Operators, the Boat Operator, the Host Authorities, the Commercial Partners, and all Authorized Persons from and against all claims, loss, damages, liabilities, fees and costs, including (without limitation) bodily or mental harm, personal property damage or loss, loss of profit, business or opportunity, indirect or consequential loss, special damages or any other loss and/or harm howsoever arising (including but not limited to the costs of enforcement of these Conditions,) suffered or incurred by any of them in connection with, resulting from or arising out of the use by the Ticket Holder or Ticket Purchaser of the ÜberVida Yacht and/or a Facility and/or the Spectator Boat and/or the Services (in each case, as applicable).
- These Conditions have been drafted in the English language. In the case of any conflict or ambiguity between the English version of these Conditions and any translation of them into any other language, the English version of these Conditions will prevail.
- Each of the provisions set out in these Conditions shall be severally enforceable.
- If any provision of these Conditions will be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Conditions which will remain in full force and effect. If any provision of these Conditions is so found to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question will apply with such modification(s) as may be necessary to make it valid. If any provision of these Conditions is found to be invalid or unenforceable and the foregoing does not apply, the parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
- Any information requests should be addressed to ÜberVida Ltd. at firstname.lastname@example.org
“ÜberVida Ltd.” means ÜberVida Ltd. (Bermuda) Limited of 231 Middle Rd. Southampton Bermuda SN04;
“Ambush Marketing” means the unauthorized use of a Ticket as a prize or in a lottery or competition or for any other promotional, advertising or commercial purpose and/or any other activity by a person not authorized by ÜberVida Ltd. which: (a) associates the person with the ÜberVida Yacht and/or any Event; or (b) exploits the publicity or goodwill of ÜberVida Ltd. and/or any Event; or (c) has the effect (in the reasonable opinion of ÜberVida Ltd.) of conferring the status of a Commercial Partner on a person who is not a Commercial Partner or otherwise diminishing the status of any Commercial Partner;
“Attendance Days” means the days on which Ticket Holders will attend the Event, the Venue and/or the Facility (as applicable) provided that Tickets are allocated and/or paid for in accordance with these Conditions
“Authorized Person” means collectively all management and staff, officials, representatives, officers and volunteers of ÜberVida Ltd., its group companies, contractors, licensees and partners and of the Website Operators and of the Boat Operator;
“Boat Operator” means ÜberVida Ltd. (doing business as ÜberVida Ltd.) of 231 Middle Rd. Southampton Bermuda SN04; and/or any Commercial partners, and/or any Sub-Contractors (where applicable)
“Commercial Partner” means any official sponsor, official supplier, broadcaster, licensee and/or any other party that has been granted a commercial association with ÜberVida Ltd.;
“Conditions” means these terms and conditions, together with any amendments or updates to the same issued by ÜberVida Ltd. from time to time;
“Event” means any event promoted by ÜberVida Ltd.;
“Event of Force Majeure” means any event affecting performance of either ÜberVida Ltd., its group companies, the Website Operators, the Boat Operator, the Host Authorities, the Commercial Partners, or any Authorized Persons’ obligations and/or responsibilities which is beyond the reasonable control of the relevant party including, without limitation, inclement weather conditions, any strike or labor disturbance, lockout, fire, failure or shortage of power supplies, satellite or other communications links or technical failure, governmental restrictions, regulations or controls, judicial orders, flood, lightning, storm, explosion, earthquake, subsidence, structural damage, epidemic or other natural physical disaster, riot, breach of security at a venue, disease, civil commotion or armed conflict, war, terrorist action or the threat of any of the foregoing;
“Facilities” means: (a) the ÜberVida Yacht; (b) any venue/place under contract by ÜberVida Ltd. to provide any entertainment or other purpose;
“Guest” means any person for and on whose behalf a Ticket Purchaser bought a Ticket and who has obtained such Ticket from the Ticket Purchaser in accordance with the terms of these Conditions. For the avoidance of doubt, a third party to whom the Ticket Purchaser resells the Tickets will not be considered a Guest;
“Host Authorities” means ÜberVida Ltd., the Government of Bermuda and/or other organizing authorities from Bermuda;
“Request Form” means the official and original form to be issued by or on behalf of ÜberVida Ltd. and to be completed and returned by the Ticket Purchaser to apply to purchase Tickets;
“Services” means the ÜberVida Yacht. and the services to be offered by or on behalf of ÜberVida Ltd., its group companies, the Website Operators, the Boat Operator, the Host Authorities, the Commercial Partners and any other third party, including, but not limited to, the hospitality services provided within the ÜberVida Yacht;
“Ticket” means a ticket giving the Ticket Holder right of entry to the ÜberVida Yacht and/or a Facility (as stated in the Ticket);
“Ticket Holder” means any individual possessing, holding or using a Ticket, provided, however, that if such individual is under 18 years of age, the Ticket Holder shall be the parent or legal guardian of such individual who has the full right and authority to acknowledge and accept these terms and conditions on such individual’s behalf;
“Ticket Purchaser” means the person with legal capacity who has purchased a Ticket or Tickets in accordance with these Conditions from ÜberVida Ltd.: