1. Definitions and interpretation
1.1 “Event” means Formby Festival.
1.2 “Tickets” means tickets or other types of evidence (including electronic tickets) for an Event sold by Us to You.
1.3 “Venue” means any facilities or locations of any nature where the Event is being held.
1.4 “We” and “Promoter” means Formby Festival. “Us” and “Our” shall be read accordingly.
1.5 “You” means you or anybody who in our reasonable opinion is acting with your authority or permission. “Your” shall be read accordingly.
1.6 “Promoter” means Formby Festival Ltd.
2.1 All Tickets are sold subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to purchase and any queries relating to them should be raised with us prior to purchase as purchase of Tickets constitutes acceptance of these Terms and Conditions
2.2 We confirm that We are authorised to sell Tickets.
2.3 A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
2.4 It is your responsibility to check Your Tickets as if you have made a mistake they cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake.
2.5 We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets, for example but not limited to non-seated events where there is a possibility of both the original and duplicate tickets being used, compromising the licensed capacity of the venue. Duplicates may therefore be issued at the discretion of the Promoter acting reasonably. In the event of duplicates being issued, a reasonable administration charge may be levied.
2.6 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
2.7 Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.
3. Price and payment
The price of the Ticket shall be the price set at the time we accept your order. All prices set are inclusive of any applicable taxes but exclusive of any booking fee and collection or delivery fee. No order will be accepted until We have received full payment.
4. Changes to Event
Where reasonably necessary, we reserve the right to make alterations to the published Event programme.
5.1 Except where we offer an applicable Ticket exchange or resale facility, Tickets cannot be exchanged or refunded after purchase unless the event is cancelled. Where the Event is cancelled or rescheduled (subject to below) by Us, where an Event is cancelled or rescheduled due to circumstances beyond Our control You will be entitled to claim a refund from Us in accordance with this clause.
5.2 Refunds are only applicable should the Event be cancelled, re-scheduled or there is a material change to the event. A ‘material’ change is a change, which in our opinion alone makes the Event materially different to that which any purchaser of a ticket could reasonably expect. A change to the artists performing at the Event shall not be a material change. The amount of any such refund shall be relayed to purchasers as early as possible after the Event. Personal arrangements including, but not limited to, travel, subsistence and accommodation relating to the Event which have been arranged by you are at your own risk and the Promoter shall not be liable for any losses incurred from personal arrangements or wasted expenditure beyond the ticket refund.
5.3 Where such a refund is sought You must bring this to Our attention as soon as possible upon becoming aware of such change and, where the Event has been rescheduled, prior to the rescheduled Event. The refund for Tickets equals the face value of the Tickets purchased. In order to claim Your refund, please apply in writing to Your point of purchase, enclosing Your complete unused Tickets, if received, promptly (e.g. within 3 months from the date of the Event).
5.4 Refunds shall only be made to the person who purchased the Tickets and, when possible, be made using the same method as was used to purchase the Tickets except, at Our discretion, where payment was made by cash.
5.5 These Terms and Conditions do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice, Consumer Direct (http://www.consumerdirect.gov.uk/) or the Department for Business Enterprise & Regulatory Reform
6.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be limited to the refund as set forth in Section 5.
6.2 We will not be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Our negligence or other breach of statutory duty.
7. Cancelled/re-scheduled Events
7.1 It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, We will use Our reasonable endeavours to notify You using the details You provided Us with at the time of ordering. We do not guarantee that You will be informed of such cancellation before the date of the Event.
7.2 It is Your responsibility to inform Us of any change to the contact address, telephone number or email address You provide Us with at the time of ordering.
8. Use of details and Data Protection
Your details may be used for the marketing of future events organised by Formby Festival, details collected during the purchase of tickets will not be passed onto any third party.
9. Resale/use of Tickets and property
9.1 You may not re-sell or transfer a Ticket. You may not re-sell or transfer a Ticket if you are selling or transferring the Ticket in the course of business. You are deemed to be selling or transferring in the course of business where we reasonably believe you to be doing so.
9.2 Circumstances where We may consider that a Ticket is being resold in the course of business include:
9.2.1 Where a Ticket is sold or advertised for sale for profit (as defined below) through any medium not authorised by Us, including through unauthorised online auction or other websites. Such a sale will be assessed in the light of the factors set out at 2 & 3 below.
9.2.2 Where a single Ticket reseller frequently advertises or offers tickets for resale for the same event or multiple events.
9.2.3 Where we reasonably consider that a Ticket offered for resale has originally been purchased with the specific intention of offering it for resale for profit and with no intention for the original purchaser or a friend or associate of the purchaser to make use of the Ticket by attending the event.
9.2.4 Where we offer an authorised exchange, return or resales facility, a Ticket offered for resale for profit more than fourteen days before the event takes place and through sales channels that have not been authorised by Us will automatically be considered to be a business transaction. Such a sale will be assessed in light of factors set out at 2 & 3 above. If a ticket is offered for resale for profit less than fourteen days before the event takes place then We may determine whether We consider this to be a business transaction by taking other factors into consideration including:
a) The number of tickets being offered for sale by the ticket reseller.
b) Any evidence that You or someone for whom You have bought the ticket can provide regarding the fact that he/she cannot attend the event for genuine reasons.
c) Whether a third-party business (such as an online auction site or other such ticket resale facilitator) not authorised by Us will benefit financially by way of commission or other fee from facilitating the resale of the ticket, particularly if that financial benefit varies according to the price paid for the resold ticket.
Re-selling a Ticket for profit means any re-sale that seeks a price that is higher than the face value of the ticket and the relevant booking fee and/or handling fee (if any) that You paid for the Ticket.
10. Void Tickets
Any Ticket obtained in breach of these Terms and Conditions shall be void and all, rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action.
Void Tickets are non-refundable.
11. Conditions of Admission
We reserve the right to refuse Ticket holders admission to the Festival in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.
Formby Festival has granted appointed security company the right to refuse admission to the entire Event.
We also reserve the right to request that Ticket holders leave the Venue at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, the Venue may remove a Ticket holder who:
a) has behaved in the Venue in a manner which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or
b) uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
c) in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs; or
d) fails, when required, to produce proof of identity of age.
You must comply with instructions and directions given by Venue staff and stewards.
No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour as suggested in, but not limited to, the examples above.
12. Restrictions and prohibitions
Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.
The following are not permitted within any Venue:
a) your own food and drink (including alcohol);
b) bottles or glass containers;
c) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);
d) illegal substances.
e) Prohibited Items – air horns, alcohol, all recording equipment, animals (except for assistance dogs), BBQs, cans, Chinese lanterns, firearms, fireworks, flares, gas canisters/cylinders, glass bottles, glass of any kind, hammers, illegal substances, knives, laser pens/laser equipment, legal highs, smoke canisters, sound systems, tape recorders, umbrellas, video recorders and any items deemed by management to be dangerous or inappropriate.
f) Please note that by entering the event you give your express consent to being photographed/filmed or sound recorded as part of the audience, and to your voice and/or likeness being included within any film, photograph, audio or audio-visual recording of the Event to be exploited in any and all media for any purpose at any time throughout the world. This may include filming by the police or security staff for the security of attendees at the Event or the prevention of crime.
g) Strictly no trading allowed on site without the Promoter’s consent.
We reserve the right to conduct security searches and confiscate any item which, in the reasonable opinion of the management of the Venue, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above.
Ticket holders may only leave and re-enter the Festival at the discretion of the management.
The obstruction of access-ways, exits, entrances, congregating in non-designated areas or seeking entry for which You do not hold a Ticket is strictly forbidden.
13. Health and Safety
Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event.
If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects.
14. Dispute Resolution
If any dispute arises out of these Terms and Conditions, We will attempt to settle it. To this end We shall use Our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties.
Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation. To, initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation.
If We delay or fail to enforce any of these Terms and Conditions It shall not mean that We have waived our right to do so.
We shall be entitled to assign any of Our rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected.
If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
18. Third Parties
Any person, other than the Us, not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case only We, the Venue, the Promoter and You (or your assignees permitted hereby) have rights and obligations under this contract.
19. Force Majeure
For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond Our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. We will not be liable to You for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure. This clause does not affect the terms of clause 5.
20. Amendments and variations
We intend to rely on the written terms set out here in this document as well as the written terms and conditions of the Venue and the Promoter. You should read the terms and conditions carefully before entering into the contract to ensure that they contain everything that You consider has been agreed. If they do not then you should speak to any member of staff.
After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless both You and We agree and it is preferable that this is in writing).
21. No Partnership or Agency
Nothing in these Terms and Conditions and no action taken by You or Us under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between You and Us beyond the relationship created under these Terms and Conditions.
22. Entire agreement
These Terms and Conditions, and the terms and conditions of the Venue and the Promoter and any specially agreed terms constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties.
Each of the parties agrees that it has not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not)-other than as expressly set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.
23. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.