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SIXTHMAN – All The Best TICKETING CONTRACT
IMPORTANT NOTICE! THE FOLLOWING TERMS CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SIXTHMAN (AS DEFINED BELOW). PLEASE READ CAREFULLY ALL THE TERMS OF THIS CONTRACT.
Last updated: January 27 2020. This contract is subject to change at any time.
All references to "Sixthman" shall include Sixthman LTD and any entity wholly owned by Sixthman LTD or affiliated through ownership with the owners of Sixthman LTD. All references to the "Resort" or to “Event” shall be understood to refer to All The Best taking place at Breathless + Now Onyx Resorts. All references to "Guest" shall refer to each person attending the Event, including any accompanying minors, and any of their heirs, successors, assigns or representatives. All terms shall be considered gender neutral and pronouns shall refer to the masculine and feminine as context requires.
Each Guest’s reservation for All The Best, acceptance and/or use of the Ticket Contract, or attendance at the Resort constitutes the acceptance of and agreement to this Contract.
Guest represents that Guest is authorized by all Guests named in your reservation group, including each minor, if any, to accept and agree on behalf of each such Guest to be bound by all the terms of this Contract. This Contract is not transferable and you may not sell or assign it. It is valid only for the Event indicated in Exhibit A. This Contract may not be modified except in writing signed by Sixthman. These terms shall apply to any and all disputes between you and Sixthman regardless whether arising at the Resort or in any other place, location or any mode of transportation. All rights, defenses, disclaimers and limitations of liability set forth herein shall inure to the benefit of Sixthman, and all concessionaires, independent contractors or other providers of any services or facilities in connection with or incident to the Guest’s vacation.
1. Nature of the Event
All The Best is a resort festival (a “Festival”) featuring single or multiple headline musicians. Sixthman does not guarantee a right to specifically attend any particular concert on any particular date to be performed by any particular artist. Guest is purchasing accommodations at a specific Resort during a specific period of time, during which time it is anticipated that headline musicians will perform multiple concerts at the Resort during the Festival. Included in such purchase price, but ancillary thereto, is an entertainment package pursuant to which several artists will perform at a time or times during the Festival which times will be announced prior to Event and/or during the Event. While Sixthman will make efforts to avoid conflicting events and performances, Sixthman cannot guarantee that any Guest will be able to attend every performance at the Resort. Sixthman makes no guarantee that any Guest will in fact be able to meet any of the musicians in person during the Event or Festival.
2. Pricing and Payments
Sixthman reserves the right to increase published prices without notice. In the event of an increase, only new reservations made following the price increase will be affected. Any reservations made prior to the fare increase will be protected at the rate they booked and fully deposited at. Payment for the Festival shall be made in US Dollars. ALL DEPOSITS AND PAYMENTS ARE NON-REFUNDABLE. Sixthman accepts reservations and payments according to three schedules:
- Payment in Full Up Front;
- Payments over time on Sixthman’s Automatic Billing Plan; or
- Payments over time on Sixthman’s Minimum Payment Schedule
Payment in Full Up Front
Payment in full up front is self-explanatory. Guests who pay in full are finished and will not have to be concerned about any future or upcoming payments, unless they modify their reservation.
Sixthman’s Automatic Billing Plan
The Automatic Billing Plan allows Guests to establish an evenly divided payment schedule up front. Sixthman then automatically charges the Guest’s authorized credit card for the applicable charges on the scheduled dates. Guests who wish to enroll in the Automatic Billing Plan will be required to make the initial deposit at the time of booking, and then authorize in advance 1-12 additional charges to be processed on the day of the month selected by the Guest. Because the payments are evenly divided, guests are not faced with a large final payment. There is no additional charge for participation in the Automatic Billing Plan.
Sixthman’s Minimum Payment Schedule Plan
The minimum payment schedule allows Guests to make installment payments on their reservation over time. The date that you place your reservation will dictate your minimum deposit amount after which you would be required to make any future payments according to the schedule. See Exhibit A for particular plans. All payments are per person and non-refundable.
Reservations made after the final payment date may require a minimum deposit, and must be paid in full within 30 days of the booking or 35 days from the check in date, whichever comes first.
The Sixthman reservation system will not complete a reservation on a single card that is declined but will complete a reservation paid with multiple cards even if one-or-more, but not all, of the cards are declined. Should your initial payment not meet minimum payment due at the time of your reservation you will have 72 hours in which to bring your account into good standing or risk cancellation.
Payments not received by the dates indicated are subject to a late fee of no less than $35.00 (USD). Payments not made or collected within 21 days of the due date will risk cancellation of the reservation at the cancellation fee outlined below.
In addition to the combined Festival fare and entertainment fees, Sixthman will collect in advance all taxes and resort fees, including, without limitation, a booking fee. The parties agree that the consideration for the entertainment portion of the vacation including performance by all musicians at the Resort during the Event shall be the sum of $250.00 (USD). The remaining consideration paid by each Guest for an Event or Festival shall be allocated to the Resort accommodation portion including room and meals. The individual making the reservation for All The Best is considered the “Lead Guest” in whose name the reservation is held. The consideration for the vacation shall be deemed to be earned when paid and is not refundable.
3. Changes, Transfers and Cancellation
Sixthman does offer and RECOMMENDS (but does not require) that each Guest purchase travel insurance for the Event. Because of the nature and uniqueness of All The Best, there is a strict cancellation policy. All changes, transfers or cancellations may be made only by the Lead Guest. The Lead Guest, in whose name the reservation is held, may change the name of any accompanying guest (subject to Sixthman's written approval) in the same room once without charge prior to the final payment date. Any other reservation change, subsequent changes to the name of any accompanying guest in the same room, or any change prior to the final payment date will be subject to Sixthman's approval and a minimum $50.00 administrative fee before the change is effected.
Any reservation change made after certain dates may be subject to administrative fees, in the amount of $75/change or $100/change, depending on the date of change. A reservation for the Resort is valid only for the person(s) named within as Guests and cannot be transferred without Sixthman's written consent. With written consent, you may transfer your reservation to another party with a $299 transfer fee charged to the reservation. No Lead Guest changes after a sell-out. Sixthman will not consent to a reservation transfer during any pre-sale period, after an event sell-out when a waiting list exists, or after the final-payment date.
In the event the reservation is cancelled by the Lead Guest, Sixthman will make refunds of payments previously made strictly in accordance with the provisions of this paragraph. The Lead Guest and each Guest are strongly urged to consider travel insurance to protect your trip. In lieu of cancellation, the Lead Guest may request that his or her reservation be transferred to another person subject to the written consent of Sixthman and payment of the above-referenced transfer fee.
Any changes to your reservation that involve changing, adding, or removing existing guests or upgrading the value of your cabin to a higher priced room can only be requested by the Lead Guest.
Downgrading your room to a room of lesser value is not allowed.
The Lead Guest must request these changes by phone or email. In some cases a signed RESERVATION CHANGE FORM may be required. This form can be found at http://www.sixthman.net/forms/changeform.pdf.
The Cancellation Schedule:
ALL PAYMENTS ARE NON-REFUNDABLE.
We highly recommend that all guests purchase Travel Insurance. You can find more details about this program at www.sixthman.net/insurance.
Once purchased, Protection plan fees are non-refundable. Guests that have purchased travel insurance and need to cancel for a covered condition may be able to make a claim with the insurance carrier to recover any lost payments.
4. Acceptance and Agreement
a. By making the reservation for All The Best or by the accepting and/or using the Ticket Contract by the persons named thereon as Guests, and/or attending the Festival and any Festival-related events, the Lead Guest and each Guest on the same reservation, acknowledges he or she has read, understands and agrees to be bound by each and every term, condition and provision of this Ticket Contract.
5. Cancellation of the Event
If the Event is cancelled completely prior to the first day of the Event, each Guest shall receive a refund of his or her reservation paid. If the Event is cancelled during the Event, each Guest shall receive a refund of a proportionate part of his or her reservation paid. Sixthman shall have no further liability for damages or compensation of any kind.
6. Breach or Cancellation by Performing Artist
Sixthman enters into an agreement with performing artists at All The Best to be present during the Festival and to perform in accordance with certain terms. However, Sixthman shall not be liable or responsible for failure of any advertised artist or musician to appear or to perform under its agreement. Further, Sixthman shall not be liable or responsible for any loss, damage, cost, or expense of any kind to any Guest or any other person or entity in the event that such performance is prevented or such loss, damage, cost, or expense is caused by or results directly or indirectly from any act of God, war, fire, collision, directions of underwriters, arrest, order or restraint by any government agency or official acting under color of authority, acts of terrorism, labor disturbances or disputes, civil commotion, weather conditions and considerations of the safety of the resort damage to the Resort’s facilities, requisition of the Resort by governmental authority, illness, death of a family member or other cause or circumstance beyond Sixthman’s reasonable control. In the event of any failure of contracted artists to perform during an Event or Festival, Sixthman, in its sole discretion, may engage a replacement artist or artists, or may change, postpone or terminate all or any part of the Event or the entertainment program or change the program or itinerary. In such case, Sixthman shall have no liability to any Guest for any loss, damage, cost or expense by reason of such change.
In any other case, including without limitation any breach of contract or failure to perform by any artist or musician, Guest and Sixthman acknowledge that Guest’s actual losses arising from such breach, cancellation or termination would be difficult if not impossible to calculate at the time of entry into this Agreement. Therefore, Guest agrees that the remedies described herein (substitution for any particular artist or musician or partial refund in the event of cancellation) represent fair compensation in the nature of liquidated damages to the exclusion of all other damages payable Sixthman, whether direct or indirect, proximate or incidental or consequential, for such modification, cancellation or termination of an Event or Festival by Sixthman. If an Event or Festival is canceled as the result of any material breach or gross negligence of Sixthman or of a contracted artist or musician, Guest shall be entitled to the sum of $250.00 representing a pro-rated amount of the entertainment portion of the consideration paid by Guest. No Guest shall be entitled to recover any incidental or consequential losses or damages sustained by him or her. Each Guest agrees this remedy shall be his or her exclusive remedy.
7. Public Performance
Sixthman may be recording (video, still photos, including sound) all public performances at an Event or Festival. By attending, all Guests agree that they may be photographed, filmed, or otherwise recorded. Guests further grant irrevocable consent to Sixthman, its parents, successors, assigns, and licensees to include your name, image, and voice in any and all commercial use, publication, distribution, or other exploitation of all recordings, without compensation or credit, for any purpose in all media now known or hereafter devised throughout the universe in perpetuity. All footage or recordings shall be Sixthman’s sole property. Guests waive all rights of publicity, privacy, or other rights therein.
8. Age Restrictions
You must be at least eighteen (18) years old to create a reservation and accept the Lead Guest responsibilities.
9. Right to Eject / Zero Tolerance Policy
Sixthman and the Resort maintains the right to refuse entry and/or to eject any Guest who do not observe the rules and regulations of the Resort, Event, or Festival. The following behaviors will not be tolerated: verbal or physical threats of another; deliberate damage or destruction of property; and disorderly, immoral, or indecent conduct. Furthermore, Sixthman has a zero tolerance policy regarding the use, possession, purchase or distribution of illegal controlled substances. Any violation of this policy will result in removal from the Resort as well as the individuals being turned over to the local law enforcement officials for appropriate legal action. In such cases Sixthman shall not be liable for any refund or other compensation or damages.
10. Resort Medical Facilities
The Resort offers limited general medical services on-site provided by a hospital/clinic hired by the Resort for those services. If Guest needs medical assistance and refuses the medical services hired by the Resort, Guest should state that it is not their wish to receive the medical services from the Hospital or Medical Clinic with which the Resort has an agreement.
It is agreed by and between each Guest and Sixthman that all disputes and matters arising under, in connection with or incident to this Contract or to All The Best, including any dispute or matter arising out of or related to Guest’s travel to the Resort involving Sixthman, shall be litigated if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the courts of any other county, state or country.
Should any provisions of the terms of this Ticket Contract be contrary to or invalid by virtue of the law of any jurisdiction, the remaining provisions shall remain in full force and effect.
13. For ITP Program Participants*
Each Guest participating in Sixthman’s Independent Traveler Program (ITP) acknowledges that the ITP is a voluntary program, and is not mandatory. Each Guest participating in the ITP acknowledges that he or she is familiar with the ITP Terms and Conditions posted, and that by participating in the ITP, he or she agrees to be bound by such Terms and Conditions.
By clicking the “accept” button (or equivalent button) in the course of booking your room and ordering your ticket, you acknowledge that this is a legally binding agreement and you agree to all the terms herein.
*Not available on all events.
Copyright © 2020 Sixthman. All Rights Reserved.
Event: All The Best (November 16 - November 20, 2020)
Resort: Breathless + Now Onyx Resorts, Punta Cana, Dominican Republic
- $200 per person due at the time of reservation and;
- Another $250 per person is due on February 18, 2020
- Another $550 per person is due on April 18, 2020
- Another $650 per person is due on June 18, 2020
- Remaining 100% is due on August 18th, 2020
Reservations made after the final payment date of August 18, 2020, require a minimum $500 deposit, and must be paid in full within 30 days of the booking or 35 days from the check in date (October 12, 2020), whichever comes first.
Any reservation change made after August 18, 2020 may be subject to administrative fees, in the amounts as follows:
August 19, 2020 through November 9, 2020 - $75 per change
November 10, 2020 through November 16 - $100 per change