Terms & Conditions of Sale
1. DEFINITIONS AND INTERPRETATION
‘Event’ means an entertainment event including, without limitation, a concert, exhibition, sports, theatrical 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 on behalf of the organisation responsible for the event for the right to occupy space at or to attend an event.
‘Venue’ means any facilities or locations of any nature where the event is being held.
‘We’ means MerseyWave Music. ‘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.
‘Promoter’ means the person firm or company staging the event if different from us and the venue.
‘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.
These terms and conditions incorporate and should be read in accordance with the venue and/or promoter terms, conditions and regulations, copies of which are available upon request from the venue. In the event of any inconsistency between the terms in relation to venue or promoter requirements, those of the promoter shall prevail. If no promoter, those of the venue shall prevail.
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. A valid ticket must be produced to get into an event. Please notify us of any access requirements at the time of booking. 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 it cannot always be rectified after purchase. Please check your tickets on receipt carefully and contact us immediately if there is a mistake. We will not be responsible for any ticket that is lost, stolen or destroyed. The Management only accept responsibility for tickets bought from one of its own managed sales points. Any queries regarding tickets purchased from ticket agents must be directed back to the relevant agent. It is not always possible to issue duplicate tickets. For example for 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 or the venue acting reasonably. If duplicates are being issued, a reasonable administration charge may be levied. We and the promoter reserve the right to provide alternative seats at an event to those specified on the ticket if the staging of the event reasonably requires, provided they are of no less value to that stated on the ticket. Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) 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.
4. 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. Credit/debit card fees may be charged per ticket on certain performances. The Box Office will inform you of this cost at the time of booking. No order will be accepted until we have received full payment.
Tickets will only be delivered to the billing address of the debit/credit card holder unless We specifically offer you the facility for tickets to be sent to an alternative address. If your tickets are not being held at the venue box office, and you have not received your tickets from us 72 hours prior to the event, please contact us. If tickets dispatched by Royal Mail ordinary post, special delivery or registered post are returned to us as ‘addressee unknown’ we reserve the right to cancel your booking and make a refund of the ticket price only. We reserve the right to make tickets available for collection at the venue box office. You will be notified by telephone, email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary. Where there is not enough time to deliver tickets, you will be told at the point of purchase the arrangements for collection of your tickets. If you are collecting your tickets from the venue box office, you must have your acknowledgement of order and the credit/debit card used to make the order with you.
6. CHANGES TO EVENT
The organiser of the event and/or the venue reserves the right to make alterations to the published event programme where reasonably necessary.
If you are unable to attend the event though no fault of ours, we can offer a ticket exchange facility, subject to availability. In order to obtain an exchange you must contact us 48 hours before the event. Tickets can be exchanged for a seat of the same value, within its current run at the same venue and will be subject to a per ticket exchange fee. If a discount has been applied to the tickets, then this will only be honoured within the original terms and conditions of the offer. If the event has been booked though us for a promoter or group then an exchange may not be offered and we would refer to the promoter / groups own terms and conditions of sale. Except where we offer an applicable ticket exchange or resale facility, tickets cannot be exchanged or refunded after purchase unless the performance is cancelled or rescheduled (subject to below) or where there is a material change to the programme of event. If a resale facility is available, resale of these tickets cannot be guaranteed and is subject to a per ticket administrative charge. 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. The use of understudies in a theatre performance shall not be a material change. Where an outdoor event is cancelled or curtailed because of adverse weather, we shall not be liable to make any refund or pay any compensation beyond the refunds that may be payable under the venue’s or promoter’s rules. Where such a refund is sought you must bring this to our attention as soon as possible upon becoming aware of such change, cancellation or where the event has been rescheduled, prior to the rescheduled event. 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. These terms and conditions do not and shall not affect your statutory rights as a consumer.
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 7. 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.
9. CANCELLED/RE-SCHEDULED 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.
10. USE OF DETAILS AND DATA PROTECTION
11. Resale/use of Tickets and property
You may not re-sell or transfer a ticket if prohibited by law. In addition, re-sales or transfers of tickets may be prohibited for certain events subject to the specific terms and conditions of those events (for example but not exclusively limited to charity events or events where age restrictions may apply because of content of the entertainment or licensing requirements). Where a ticket is offered for resale in line with these terms and conditions, you must provide to the buyer full details of the ticket. Full details include, if printed on the ticket, the block or tier, row and seat number. Buyers must also be made aware of these terms and conditions and any other terms and conditions that are specific to the event. You should check whether any special terms apply before offering a free ticket for resale. Free tickets are often provided for specific reasons limiting their transferability.
12. 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.
13. RESTRICTIONS ON THE PURCHASE OF TICKETS
Tickets may be restricted to a maximum number. Any such restriction shall be notified to you at the time you book the tickets. We reserve the right to cancel tickets purchased in excess of this number and without the agent’s agreement, without prior notice unless the purchase of an excess was due to our error.
14. CONDITIONS OF ADMISSION
The management of the venue reserves the right to refuse ticket holder’s admission to the venue 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 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:
1) 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
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 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.
5) Children under 5 will not be admitted to the Venue except for family shows. Children (ages 18 months to 15 years inclusive) shall require their own ticket which shall be at full ticket price if no child concessions are available at the time of booking. Babes in arms (children under 18 months) shall be admitted free of charge to those shows they may attend (children’s shows and pantomimes only) however children under the age of 18 months will not be admitted to any performance unless they are specifically aimed for them (i.e. children’s shows and pantomimes). Children must be supervised at all times and supervision of children shall be by not less than 1 adult per 10 children. The Management reserves the right to ask parents / supervisors to remove children if, in the opinion of the Management, they are causing a disturbance.
6) In Scottish venues, under 16s must be accompanied by an adult at all times.
15. 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 strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of an event in breach of these conditions shall belong to the promoter. The promoter and venue will not be liable for any loss, theft or damage to confiscated items. By attending an event, ticket holders consent to filming and sound recording of themselves as members of the audience. The promoter 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. Mobile telephones and messaging equipment must be switched off during the event. Alcohol may only be consumed in public bars and other authorised areas. Smoking is not
permitted unless within a designated smoking Area (if any).
The following are not permitted within any venue:
I) animals (with the exception of guide dogs);
2) laser pens
3) Your own food and drink (unless permitted by the Venue);
4) bottles, cans or glass containers (unless permitted by the Venue);
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 from time to time 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. Every effort shall be made to admit latecomers to events at a suitable break in the event, which may be the interval, but late admission cannot be guaranteed. 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.
16. 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.
17. DISPUTE RESOLUTION
Any complaints about a tickets holder’s seating or ability to view a production should be made promptly to the Venue Management either before or during the performance.
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.
21. 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.
22. 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.
23. 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 very thing 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).
24. 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.
25. 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.
26. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in all respects in accordance with English/Scottish law and the parties agree to submit to the exclusive jurisdiction of the English/ Scottish courts.
In these Conditions:
‘MerseyWave’ (and ‘we’, ‘our’, ‘ours’ and ‘us’) refers to ‘MerseyWave Music’
‘MerseyWave Venues’ means all venues owned, operated, or affiliated with MerseyWave music. A full list of venues can be found at http://merseywavemusic.com
‘Benefits’ means those benefits and discounts at MerseyWave Music and from external providers which are from time to time notified on our website, newsletters or mailings. Additional conditions may apply to individual benefits and discounts.
‘Our terms and conditions of sale’ means those that apply to our customers purchasing tickets and attending any MerseyWave venue as published from time to time.
‘Our website’ means www.merseywavemusic.com
1.1 All Benefits are subject to availability and to these Conditions.
1.2 Any purchase of tickets to events at ATG venues will be subject to our terms and conditions of sale.
1.3 Fee free ticket exchange is offered subject to availability of equivalent value tickets on the dates requested. We reserve the right not to offer an exchange if there is no reasonable prospect of being able to re-sell the tickets which are offered for exchange. No fee will be charged for making an exchange. If tickets of a higher value are requested or if fees or costs (including postage) are applicable to the requested tickets we may require such fees and costs to be paid by you before making an exchange.
2. DATA PROTECTION
8.1 You must ensure that the information provided by you when you purchase your Ticket(s) is accurate and complete and contains your correct name, contact address, telephone number and/or email address and any other requested details.
8.2 It is your responsibility to inform MerseyWave of any personal detail changes.
8.3 The Ambassador Theatre Group will use this personal information to provide you with all information connected with the supply of event tickets including; ticket offers, benefits, renewals, brochures and newsletters, events, and offers.
8.4 By purchasing a ticket from MerseyWave Music you consent to your information being used in this way.
9.1 If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
9.2 These Conditions (as amended from time to time) contain the entire agreement and understanding between you and us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions. However, nothing in these Conditions purport to exclude liability for any fraudulent statement or act.
9.3 These Conditions will be exclusively governed by and construed in accordance with the laws of England and Wales whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.