EVENT TERMS & CONDITIONS
(Including Refund, Cancellation & Consumer Protection Compliance)
Effective Date: [Insert Date]
These Terms & Conditions govern the purchase of tickets and attendance at any event organised by Thikho Events Management (Pty) Ltd (“Thikho Events”, “we”, “us”, “our”).
By purchasing a ticket, you agree to be bound by these Terms.
1. ORGANISER DETAILS
Thikho Events Management (Pty) Ltd
Republic of South Africa
2. APPLICATION OF THE CONSUMER PROTECTION ACT
These Terms are drafted in accordance with the Consumer Protection Act 68 of 2008 (“CPA”) of South Africa.
Nothing in these Terms is intended to:
- Limit or waive consumer rights under the CPA
- Avoid any obligation imposed by the CPA
- Exclude liability where such exclusion is unlawful
Where there is conflict between these Terms and the CPA, the CPA shall prevail.
3. TICKET PURCHASES
3.1 All tickets are sold subject to availability.
3.2 A ticket is a revocable licence to attend an event.
3.3 The ticket remains the property of Thikho Events until fully paid for.
3.4 Tickets may not be used for promotional or commercial purposes without written consent.
4. COOLING-OFF RIGHTS (CPA SECTION 16)
In terms of Section 16 of the CPA:
- The 5-business-day cooling-off period does not apply to event tickets where a specific date is reserved.
- Event tickets constitute services to be performed on a specific date and are exempt from cooling-off cancellation rights.
5. REFUND POLICY
5.1 General Rule
Tickets are non-refundable except as provided below.
5.2 Event Cancellation
If an event is cancelled by Thikho Events:
- Ticket holders will be notified via official communication channels.
- A refund of the face value of the ticket will be processed.
- Booking, service, and processing fees charged by third-party ticketing platforms may be non-refundable.
Refunds will be processed within 14–30 business days.
Alternatively, ticket holders may elect to:
- Transfer the ticket to another Thikho Events event; or
- Accept a credit voucher valid for 12 months.
5.3 Event Rescheduling
If an event is rescheduled:
- All tickets remain valid for the new date.
- Refund requests must be submitted in writing within 7 days of announcement.
- After this period, tickets are deemed accepted for the new date.
This is consistent with Section 17 of the CPA regarding advance bookings and reasonable cancellation policies.
5.4 Artist or Programme Changes
Thikho Events reserves the right to:
- Modify line-ups
- Change artists
- Adjust programme schedules
- Change venues within the same metropolitan area
Such changes do not constitute grounds for refund.
5.5 Consumer Cancellation (CPA Section 17)
Where a consumer cancels attendance:
- Thikho Events may charge a reasonable cancellation penalty.
- Due to the time-sensitive and limited-capacity nature of events, cancellation penalties may amount to up to 100% of the ticket price depending on timing.
In determining reasonableness, the following factors apply:
- Nature of the event
- Timing of cancellation
- Likelihood of reselling the ticket
- Administrative costs incurred
No-shows do not qualify for refunds.
6. FORCE MAJEURE
Thikho Events shall not be liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to:
- Natural disasters
- Extreme weather
- Government restrictions
- Pandemics
- Public safety risks
- Civil unrest
- Venue unavailability
In such cases, Thikho Events may:
- Postpone the event;
- Convert tickets into future event credits; or
- Provide partial or full refunds subject to insurance recoveries and applicable law.
7. RIGHT OF ADMISSION RESERVED
Thikho Events reserves the right to:
- Refuse entry
- Remove persons from the venue
For:
- Disorderly conduct
- Intoxication
- Non-compliance with event rules
- Prohibited items (including external alcohol where exclusivity agreements apply)
No refund shall be issued where entry is denied for lawful reasons.
8. LIABILITY LIMITATION
To the extent permitted by law:
- Attendance is at own risk.
- Thikho Events is not liable for loss, theft, damage, injury or death unless caused by gross negligence or wilful misconduct.
- Patrons voluntarily assume risks associated with live events.
Nothing in this clause limits liability where prohibited under the CPA.
9. TICKET TRANSFERABILITY
Tickets may be transferred unless otherwise specified.
The person presenting the ticket assumes all obligations and risks under these Terms.
Thikho Events is not responsible for third-party resale transactions.
10. PERSONAL INFORMATION
Personal information collected during ticket purchase will be processed in accordance with:
- The Protection of Personal Information Act (POPIA)
- Thikho Events’ Privacy Policy
11. REFUND PROCESSING
Where refunds are applicable:
- Refunds are processed via the original payment method.
- Processing timelines depend on banking institutions and ticketing platforms.
- Service and booking fees may be excluded.
12. GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa.
Any dispute shall be subject to the jurisdiction of South African courts.
STRATEGIC POSITIONING FOR THIKHO EVENTS MANAGEMENT
This structure:
- Protects against refund abuse
- Aligns with CPA Section 17 (reasonable cancellation penalties)
- Excludes cooling-off rights correctly
- Protects against artist cancellations
- Protects against low ticket sales refund risk
- Preserves Force Majeure flexibility
- Maintains lawful limitation of liability
