terms & conditions of Sale

Definitions

 

"Event" means an entertainment event including, without limitation, a concert, exhibition and/or music event to be held at a Venue in respect of which We have the right to sell You Tickets.

 

"Tickets" means tickets or other types of evidence (including electronic tickets) for an Event sold by Us to You.

 

"Venue" means any facilities or locations of any nature where the Event is being held.

 

"We" means [Ticket seller]. "Us" and "Our" shall be read accordingly.

 

"You" means you or anybody who in Our reasonable opinion is acting with your authority or permission. "Your" shall be read accordingly.

 

"Group" means group organisers, charities, travel and coach companies or other organisations that We have agreed to sell to knowing that the Tickets are intended for resale.

 

Tickets

 

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

 

We confirm that We are authorised to sell Tickets.

 

A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.

 

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.

 

Where a concession is claimed, proof of identity and concession entitlement (for example of age) may be required.

 

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, trade marks, logos and/or intellectual property appearing on the Ticket.

 

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 and booking fees.

 

Refunds

 

In the event the main ticket holder & their guests are unable to attend the festival, refunds can be made if a refund request has been made by MIDNIGHT ON THE LAST MONDAY before the festival.

 

If the main ticket holder has purchased tickets for a group of guests and one or more guests are unable to attend, the main ticket holder can request singular ticket refunds up to 48 hours prior to 1st day of the festival.

 

Singular ticket refunds are given at the festival shop with valid authorisation. To receive authorisation for a refund at the festival, you must make a refund request from the contact page.

 

If the main ticket holder or any of their guests are unable to make the festival on the day of the festival, unfortunately we are unable to give any refunds.

 

We are unable to provide any ticket refunds at the festival (excluding point 2 above). Or any refunds for emails received after the 48 hour cut off

 

Where an Event is cancelled or rescheduled (subject to below) by the Venue or Promoter, where an Event is cancelled or rescheduled due to circumstances beyond Our control,  or where there is a material change to the programme of the Event, You will be entitled to claim a refund from Us in accordance with this clause.

 

A 'material' change is a change which, in Our reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect.

 

Where an Event is cancelled, We shall not be liable to make any refund or pay any compensation beyond the total value of your ticket price.

 

 

Changes to Event

 

Where reasonably necessary, the organiser of the Event and/or the Venue reserves the right to make alterations to the published Event programme.

 

Distillers

In the interest of fairness distillers may use a sample token system, only will be used if some guests are seen to be abusing their sample offering.

 

Distillers are guests to the event, they have the right to choose their level of involvement and their offering may offering may differ from advertised and each other.

 

Liability

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 the refund section.

 

Neither We nor the Venue nor the Promoter will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Our negligence or that of the Venue or the Promoter or other breach of statutory duty.

 

Cancelled Events

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.

 

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.

 

Conditions of Admission

The management of the Venue and of the Spirit Festival reserves the right to refuse Ticket holders admission to the Venue & Event in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.

The management of the Venue also reserves the right to request that Ticket holders leave the Venue & Event at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, the Venue or  the Spirit Festival may remove a Ticket holder who:

 

1) has behaved in the Venue & Event in a manner which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or

 

2) 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

 

3) in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs; or

 

4) fails, when required, to produce proof of identity or age.

 

You must comply with instructions and directions given by Venue & Event Staff, Security & 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.

 

Restrictions and prohibitions

The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue is Only allowed for personal use. Any recording made of an Event in breach of these conditions shall belong to the Promoter.

 

By attending an Event, Ticket holders consent to filming and sound recording of themselves as guests. We may use such films and recordings (including any copies) without payment.

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 material's.

 

Smoking is not permitted unless within a designated smoking Area (if any).

 

The following are not permitted within any Venue:

 

1)  animals (with the exception of guide dogs);

2) laser pens

3) Your own food and drink;

4) Your own bottles, cans or glass containers;

5) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and

6) illegal substances.

 

The management of the Venue reserves the right to conduct security searches on entry, 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 Venue during an Event at the discretion of the management of the Venue. Otherwise, there will be no re-admission or pass-outs of any kind.

 

The obstruction of gangways, access-ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to stands or seats for which You do not hold a Ticket is strictly forbidden.

 

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.

 

 

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. The process of selection of the mediator and the costs involved, and which terms are deemed incorporated into this agreement.

 

Spirit Festival can be contacted at:

Spirit Kiosk

80 Railway Street

LS9 8HB

 

Waiver

 

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.

 

 

Assignment

 

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.

 

 

Severability

 

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.

 

 

Third Parties

Any person, other than the Venue or Promoter, 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.

 

 

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 7.

 

 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).

 

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..

 

Entire agreement

 

These Terms and Conditions, and the terms and conditions of the Venue and Us 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.

 

 Governing Law and Jurisdiction

 

These Terms and Conditions shall be governed by and construed in all respects in accordance with (English/Scottish/Northern Ireland) law and the parties agree to submit to the exclusive jurisdiction of the English courts.

 

 

 

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Registered in England & Wales - Company No: 10749610