Terms & Conditions

IMPORTANT NOTICE

(1)   Please read our terms of use carefully. Your use of our computerized booking service is subject to the then current version of these terms published on our web site at www.kbt.co.za at the time of your use. If you do not accept our terms of use, you may not use our services.

(2)   Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.

(3)   If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms of use prior to you using any of our services or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not use the services or participate in the activities. The use of some of our services may require that you are over 18 and of full legal capacity. In such event you should ask your parent or legal guardian to perform the transaction for you.

(4)   We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using our services since the then current version of the terms will apply to your use.

 

Should you have any questions regarding these terms of use, please send an e-mail to us at kbtbookings@gmail.com.

Part A: General Information and Terms

1.  General Information

For your convenience, we have listed below some general information about ourselves:
• “We” are The Cork Bay Theatre and Kitchen CC ["KBT"] and “us” and “our” have a corresponding meaning herein.
• We are a close corporation incorporated in accordance with the laws of the Republic of South Africa with registration number 2003/095342/23
• Our members are Simon Richard Cooper and Helen Cooper.
• Our postal address is 13 Capri Road, St James, 7945 we will accept service of all legal documents there;
• The physical address of KBT is 52 Main Road, Kalk Bay, 7975;
• Our email address is kbtbookings@gmail.com;
• Our telephone and facscimile numbers are Tel: +27 (0)21 7883234, Fax: +27 (0)21 7887257
• Kalk Bay Theatre is a business in the theatre and entertainment industry that markets theatre in all genres and live music together with meals and drinks.

• Our web site is located at www.kbt.co.za and our e-mail address is kbtbookings@gmail.com.
• Our VAT number is 4740212024;

2 Definitions

In these terms of use:
• We, us and our means KBT (and, unless the context indicates otherwise, its owners, employees, contractors, suppliers, service providers, agents and affiliates);
• You mean the user of our services;
• Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of these terms.

3 General Conditions of Use

(1) The offering on this website is available to South African clients only.

(2) You are solely responsible for any and all fees that may apply to your communications with our computer systems.
(3) You may not access or use our computer systems for any purpose other than for utilizing the services offered via such systems in the normal manner.
(4)  THE DOWNLOADING AND USE OF DATA FROM OUR COMPUTER SYSTEMS IS DONE AT YOUR SOLE DISCRETION. YOU SHOULD INDEPENDENTLY VERIFY THE COMPLETENESS AND RELIABILITY OF INFORMATION OBTAINED FROM OUR COMPUTER SYSTEMS. ALSO BE AWARE THAT VIRUSES OR CODE WHICH MAY HAVE A HARMFUL EFFECT ON YOUR COMPUTER SYSTEM COULD BE TRANSMITTED TO YOU. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUITABLE PROTECTION MECHANISMS TO PREVENT SUCH HARM FROM OCCURRING.
(5) RELIANCE ON AND USE OF OUR COMPUTER SYSTEMS, CONTENT AND SERVICES IS AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND IN CONTRACT, DELICT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE ARISING IN CONNECTION WITH YOUR RELIANCE ON OR USE OF OUR COMPUTER SYSTEMS OR THE CONTENT OR SERVICES PROVIDED.
(6) We reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of our computer systems and/or any aspect and/or feature of our services.
(7) We also reserve the right, without notice and in our sole and absolute discretion, to make changes to these terms of use.
(8) It is your responsibility to keep secret any email address, user name and/or password required when registering with us or using some of our services.  YOU ACCEPT THAT YOU WILL BE PERSONALLY LIABLE FOR ALL TRANSACTIONS CONCLUDED ON YOUR ACCOUNT.

Part B: Ticket Purchasing Terms

1 General

We sell tickets to you and collect payment from you.  Each ticket that you purchase from us is subject to these terms of use. Each ticket that you purchase from us is intended to be a revocable license to attend the particular event to which the ticket pertains only and will not enable you to attend any other event.

2 Booking Process

(1) To book tickets with us, you will be required to complete the prescribed booking form. You must be over the age of 18 and able to conclude binding contracts to submit a booking to us or, if you under the age of 18, you must have obtained the consent of your parents or legal guardian to submit a booking to us. If you do not comply with the aforesaid you may not submit any booking for tickets via our computer systems. We may require you to provide us with suitable documents proving your age and/or the consent of your parents or legal guardian prior to accepting any booking from you.

(2) You may submit booking requests for tickets to us by completing our automated booking process and submitting your payment information to us in the prescribed manner. Our booking process will provide you with an opportunity to review the entire transaction, to correct any mistakes and to withdraw from the transaction before finally submitting your booking request. Please make sure that the booking details are correct before submitting the booking request, since any mistake you make cannot be rectified later.

(3) Once submitted, your booking request will constitute an offer on the terms and conditions contained in these terms of use that is open for acceptance by us to conclude a binding agreement with you.

(4) A legally binding contract will be formed between us as soon as the booking process is complete. We reserve the right not to accept or process your booking request and we will notify you if this is the case.

(5) These terms of use shall override any contrary terms or conditions incorporated by you in your order and any such conflicting terms or conditions will not form part of any agreement concluded between us in respect of the booking of tickets.

3 Description and Pricing

(1) The details of the events for which tickets are offered will be as described on our web site at www.kbt.co.za. WE DO NOT ACCEPT RESPONSIBILITY FOR ANY INACCURACY, UNAVAILABILITY OR CHANGES IN PRICING THAT MAY OCCUR.   ALL TICKETS SOLD ARE FOR UNRESERVED SEATING.

(2) The supply of tickets offered to you depends upon the availability thereof. We may without prior notice change the price, change or discontinue the availability or change the description of venues, seating arrangements or events for which tickets are made available. Special promotions may be subject to certain additional terms and conditions.

(3) Unless otherwise stated, all ticket prices displayed are in South African Rand. All prices indicated as applying to tickets will be inclusive of booking fees. In the event of our agreeing to a cancellation, exchange or replacement of tickets at your request a stipulated handling fee and/or a cancelation fee may also apply.  The merchant outlet country at the time of presenting payment options to the cardholder is South Africa

(4) All prices indicated as applying to tickets will be inclusive of VAT but exclusive of any other taxes and duties, which, unless otherwise indicated, will be charged separately if applicable.

4. Payment

(1) You will be required to provide the necessary payment account details (such as credit card details) when submitting your booking request. Payment may be made via Visa or MasterCard credit cards. By submitting a booking request to us, you authorise us to debit your designated account with the relevant amounts due for the tickets ordered. Such authorization will allow us to obtain payment at any time after the completion of the booking process. We will not be obliged to issue any tickets to you prior to receiving full payment of the full agreed amount payable in respect of such tickets. Should we be unable to duly effect such payment for any reason your booking may be cancelled and your tickets may be resold to another customer without further notice. You warrant that you are duly authorised to make payments from the account designated by you. You also authorise us to pay all amounts to be refunded to you into such account.

(2) Credit card transactions will be acquired for KBT via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

(3) Customer details will be stored by KBT and/or its service provider separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za

 

5. Ticket Collection and Delivery

(1) You can elect to have your tickets delivered by email or to collect your tickets at KBT on your arrival at KBT on the night of the performance for which you have booked from the front of house office.

(2) You may also be provided with electronic tickets containing unique identification numbers, barcodes and/or access codes. You are responsible for keeping such identification numbers, barcodes and/or access codes secure since such identification numbers, barcodes and/or access codes will enable the first user thereof to access to the relevant event and only a single use thereof will be permitted.

6. Ticket Resales

Reselling of tickets purchased from us is strictly prohibited. Any resale of tickets purchased from us (or attempt) will entitle us to cancel such tickets and to resell them to our other customers.

7 Lost, Stolen and Destroyed Tickets

Only the first person using a ticket or, in the case of an electronic ticket, using the unique identification numbers, barcodes and/or access codes provided with such electronic ticket, will be permitted access to an event. Risk for loss and damage to the tickets shall pass to you upon your receipt thereof. Tickets that have been lost, stolen or destroyed will not be refunded or replaced for any reason.

8. Cancellations, Refunds and Exchanges

You may not cancel any booking submitted to us and no refunds will be given.

9. Security

We will try to ensure that sensitive payment information (such as your credit card details) provided to us are suitably protected. For such purposes we will implement reasonable security measures which may include cryptographic techniques to protect such information. HOWEVER, WE DO NOT GUARANTEE THE ABSOLUTE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US OR THAT IS TRANSMITTED TO YOU OR ANY OTHER PERSON.

10. Warranties and Liability

(1) ALTHOUGH WE TRY TO ENSURE THAT THE PARTICULARS OF THE EVENTS THAT APPEAR ON OUR COMPUTER SYSTEMS ARE DISPLAYED AND DESCRIBED COMPLETELY AND ACCURATELY, WE DO NOT WARRANT SAME AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ANY LIABILITY ARISING FROM ANY OMISSIONS AND INACCURACIES PERTAINING TO SUCH DISPLAY AND DESCRIPTION SAVE TO THE EXTENT THAT SUCH LIABILITY IS CAUSED BY OUR GROSS NEGLIGENCE OR FRAUD.

(2) WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER ARISING IN CONNECTION WITH ANY BOOKING (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

(3) IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH ANY BOOKING EXCEED THE TICKET PRICE ACTUALLY RECEIVED FROM YOU IN RESPECT OF SUCH BOOKING, IRRESPECTIVE OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, STATUTE OR DELICT, INCLUDING FOR NEGLIGENCE), SAVE TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED BY LAW.

Part D: Enquiries and General

(1) Any enquiries of any kind may be directed by email to kbtbookings@gmail.com.

(2) Use of our computer systems and services are subject to the laws of the Republic of South Africa, and subject to the jurisdiction of any South African Magistrate’s Court of competent jurisdiction in respect of your person to adjudicate on any dispute arising from or in connection with these terms of use notwithstanding that the amount in dispute may exceed such court’s jurisdiction, and you consent thereto. You agree to accept service of legal process at the addresses you may provide to us.
(3) These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to your use of our computer systems, the services offered and any products and services acquired through our computerised services. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.
(4) Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
(5) You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.
(6) WE WILL BE EXCUSED FROM A FAILURE TO PERFORM OR DELAY IN PERFORMANCE OF OUR OBLIGATIONS HEREUNDER IF AND TO THE EXTENT THAT CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL PREVENT OR DELAY SUCH PERFORMANCE.