Conditions” mean these terms and conditions.
“Event” means an event to be held at the Venue.
“Penkridge Open Air” means Penkridge Open Air, its representatives, servants, employees and sub-contractors and “Our” shall be read accordingly.
“Promoter” means the person or company staging the Event if different from Penkridge Open Air.
“Venue” means the venue as stated on the Ticket.
“Ticket” means any ticket for an Event.
“You” means you or anybody who in Penkridge Open Air’s reasonable opinion is acting with your authority or permission and “Your” shall be read accordingly.
1. These Conditions incorporate, and should be read in accordance with, any Promoter, Agent and/or Venue terms, conditions and regulations, copies of which are available upon request from the Promoter, Agent and/or Venue. These Conditions and any Promoter, Agent and/or Venue terms, conditions and regulations are collectively referred to as, “the Terms and Conditions”.
2. All Tickets are sold subject to the Terms and Conditions. Please read the Terms and Conditions carefully before purchase, and raise any queries with Penkridge Open Air, the Promoter, Agent or Venue (as relevant) before purchase. Your purchase of a Ticket constitutes Your acceptance of the Terms and Conditions.
3. It is Your responsibility to check Your Tickets as if You have made a mistake, it can not always be rectified after purchase. Please check Your Tickets on receipt carefully and contact Penkridge Open Air immediately if there is a mistake.
4. If You have any access requirements or concerns about any special effects (for example lighting, sound, audiovisual or pyrotechnic effects) which may be featured at the Event, please discuss any such issues with Penkridge Open Air before purchasing the Tickets by contacting us here.
5. You must provide proof of purchase to gain access to an Event. Penkridge Open Air will not be responsible for any proof of purchase that is lost, stolen or destroyed.
6. Please see the Event website for terms relating to Tickets for children. Children aged 16 or under will not be allowed entry to an Event unless they are supervised (for the duration of the Event) by an adult. One adult is entitled to supervise up to ten children. Penkridge Open Air will require supervisors to remove children if, in Penkridge Open Airs’s sole opinion, the children are causing a disturbance to other Ticket holders. Subject to it being stated otherwise in the Terms and Conditions or on the Event website, it is the responsibility of the supervisors of a child to determine whether an Event is suitable for that child to attend, and none of Penkridge Open Air, the Promoter, Agent or Venue accepts any liability or responsibility in relation to the same. The Event may also be subject to age restrictions which will be displayed or otherwise made available to You as part of the Ticket purchase. None of Penkridge Open Air, the Promoter, Agent or Venue will be responsible if You or any of Your guests are refused admission because of a failure to meet or prove that You/they meet such age restrictions.
7. For seated Events, You only have the right to a seat at the Event of a value corresponding to the price paid to the Agent for the Ticket, and the Promoter and Penkridge Open Air acting reasonably, reserve the right to provide alternative seats at the Event to those originally purchased. Where only seats of a lesser value are available, You will be offered the choice of accepting either (a) the lesser value seats available, or (b) a refund of the price paid to the Agent for Your Ticket.
8. Tickets are sold subject to the Promoter’s and Penkridge Open Air’s right to alter the advertised Event as reasonably necessary. Penkridge Open Air’s total liability in relation to a cancelled Event is set out below in Conditions 13 and 14.
9. Tickets cannot be exchanged or refunded unless the performance is cancelled, rescheduled or where there is a material change to the Event. A ‘material’ change is a change which, in Penkridge Open Air’s reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. Please note that the following are not deemed to be “material” changes: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
10. 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, Penkridge Open Air will use its reasonable endeavours to notify You using the details You provided at the time of ordering. Penkridge Open Air does not guarantee that You will be informed of such cancellation before the date of the Event. It is also Your responsibility to inform the point of sale from where You bought the Ticket of any change to the contact address, telephone number or email address You provided at the time of purchase.
11. Where an Event is cancelled, rescheduled (and You notify the Agent within the timeframe specified by the Agent that You cannot or do not wish to attend the rescheduled event), or where there is a material change to the programme of the Event, You will be entitled to a refund in accordance with Condition 13. If you have already received Your Tickets then You may be asked to return them before a refund can be issued. Refunds will only be made to the person who purchased the Tickets. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be limited to a refund as set forth in Condition 13.
12. “Force Majeure” means any cause beyond Penkridge Open Air’s control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. Subject to the provisions of Condition 12, Penkridge Open Ai will not be liable to You for failure to perform any obligation under the Conditions to the extent that the failure is caused by Force Majeure.
13. The total refund for a Ticket shall be the price paid to the Agent for the Ticket purchased. Personal arrangements including travel, subsistence, hospitality or accommodation relating to the Event which have been arranged by You are at Your own risk. Neither Penkridge Open Air nor the Promoter shall be liable for any loss of enjoyment or wasted expenditure in addition to refunding the price of the Ticket.
14. Penkridge Open Air will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused: (a) in any circumstances where there is no breach of a legal duty of care owed by Penkridge Open Air, (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury as a result of a breach of a legal duty of care owed by Penkridge Open Air); or (c) to the extent that any loss or damage results from breach by You of any of the Terms and Conditions. Unless otherwise stated in this Condition 15, Penkridge Open Air’s total liability to You in connection with an Event (including, but not limited to, for any cancellation, rescheduling or alteration of an Event) shall be limited to the price paid to the Agent for the Ticket purchased.
15. Nothing in the Conditions seeks to exclude or limit any liability of Penkridge Open Air for death or personal injury caused by its negligence, fraud or any other type of liability which cannot by law be excluded or limited.
16. 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, pursuant to the specific terms and conditions of those Events (for example, but not limited to (a) charity Events, (b) Events where age restrictions apply because of the content of the Event or licensing requirements, or (c) balloted Events). Where a Ticket is offered for re-sale in accordance with the Terms and Conditions, You must provide the buyer with full details of the Ticket. Full details include (if printed on the Ticket) the relevant block or tier, and row and seat number. The buyer of a Ticket must be made aware of the Terms and Conditions and any other terms and conditions that are specific to the Event. You should check whether any special terms or conditions apply before offering a Ticket for resale. Free tickets are often provided for specific reasons limiting their transferability.
17. You may not combine a ticket with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a ticket package (“Ticket Package”) and sell or otherwise transfer (or facilitate the sale or transfer of) such Ticket Package for profit or commercial gain, offer such Ticket Package as an incentive or prize in a promotion or competition, or otherwise dispose of such Ticket Package in the course of a business.
18. Tickets are personal revocable licences and shall at all times remain the property of Penkridge Open Air. Any Ticket obtained in breach of the Terms and Conditions will be void. Any person seeking to use a void Ticket may be refused entry to, or ejected from, the Venue without refund, and may be subject to legal action.
19. Tickets may be restricted to a maximum number per person. Penkridge Open Air, the Promoter or the Agent (as applicable) will notify You of any such restriction at the time of purchase. Penkridge Open Air reserves the right, without prior notice, to cancel Tickets purchased in excess of this number, unless the purchase of an excess was due to Penkridge Open Air’s error.
20. Penkridge Open Air reserves the right to refuse You entry to and/or eject You from the Event and/or Venue (and may take appropriate action to enforce this right) in reasonable circumstances including without limitation (a) for health and safety or licensing reasons, (b) if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event, (c) if You use or display threatening, abusive or insulting words or mannerisms or behave in a manner which may provoke a breach of the peace, (d) if, in Penkridge Open Air’s reasonable opinion, You appear to be acting under the influence of alcohol or drugs, (e) if You fail, when required, to produce proof of identity or age, (f) if You refuse to comply with Penkridge Open Air’s security searches, (g) if You breach the Terms and Conditions, or (h) if Your Ticket is void. No refunds will be given to You if You are refused entry or ejected due to Your own behaviour.
21. Penkridge Open Air reserves the right to conduct security searches and confiscate any item which in the opinion of Penkridge Open Air may cause danger or disruption to other persons at the Event or is one of the items not permitted in the Venue as listed in the Terms and Conditions (including those items listed in this Condition 21). You shall not bring all or any of the following into the Venue: (a) smoking materials, (b) laser pens, (c) animals (except guide dogs), (d) Your own food and drink (unless permitted by the Venue), (e) bottles, cans or glass containers (unless permitted by the Venue), (f) any item which may be interpreted as a weapon (including sharp or pointed objects such as knives), or (g) illegal substances. Notwithstanding anything else in the Terms and Conditions, neither the Promoter nor Penkridge Open Air shall be liable for any loss, theft or damage to confiscated items.
22. You must comply with any and all instructions given to You by Penkridge Open Air and/or all Venue stewards and staff. Penkridge Open Air reserves the right to restrict access to parts of the Venue.
23. If before or during the Event You have a complaint in relation to the Event (including without limitation, in relation to Your ability to view the Event), please speak to Penkridge Open Air or a steward promptly. Penkridge Open Air will use its reasonable endeavours to rectify the situation which is the cause of Your complaint, however under no circumstances shall Penkridge Open Air be under any obligation to rectify the situation.
24. Warning – Prolonged exposure to loud noise may cause damage to Your hearing.
25. The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material within the Venue is strictly forbidden. You shall not bring any such equipment to the Venue or to the Event. Any recording or transmitting equipment (including professional cameras), unauthorised recordings, tapes, films or similar items may be confiscated and/or destroyed by Penkridge Open Air. Any recording made of an Event or part thereof in breach of the Conditions shall belong to the Promoter and You agree to assign any and all rights in any such recordings to the Promoter. Notwithstanding anything else in the Conditions, neither the Promoter nor Penkridge Open Air shall be liable for any loss, theft or damage to confiscated items.
26. By attending an Event You agree to Your actual or simulated likeness being included for no fee within any film, photograph, audio and/or audiovisual recording to be exploited in any and all media for any purpose at any time throughout the world. This includes filming by the police or security staff which may be carried out for the security of customers or the prevention of crime. However, You may object to such use by specific request to email@example.com.
27. Smoking within the Venue is strictly prohibited. Penkridge Open Air reserves the right, without refund, to eject any person found smoking in the Venue.
28. You may only leave and then re-enter the Venue during an Event at the discretion of the Venue. Otherwise there shall be no re-admissions or pass-outs of any kind. Depending on the type of Event, every effort to admit latecomers will be made at a suitable break in the Event, but admission for latecomers cannot always be guaranteed.
29. Penkridge Open Air reserves the right to allow audience members to stand in seated areas of the Venue where safe to do so.
30. You shall not bring into the Venue or display or distribute at the Event any sponsorship, promotional or marketing materials.
31. You must not leave any bags or other items of personal property unattended in the Venue. Any personal possessions or other items (including without limitation clothing, wallets and mobile telephones), which are found in the Venue, shall be retained by the Venue for a period of 30 days following their discovery. During this period You may collect any item which belongs to You from the Venue upon reasonable proof of identification and ownership. If, upon the expiry of 30 days from the date of its discovery, any item has not been collected by You, Penkridge Open Air reserves the right to dispose of any such items as it sees fit without any further liability to You (notwithstanding anything else in the Conditions). Where possible, any uncollected items will be donated to charity.
32. Except to the extent that Penkridge Open Air is required or permitted by law to do otherwise and save as set out in Condition 26, personal information provided by You to Penkridge Open Air will only be used in accordance with our Privacy Notice, and any consents given by You in relation to Your personal information.
33. Penkridge Open Air shall be entitled to assign all and any of its rights and obligations under the Conditions without notice to You, provided that You are not adversely affected by the same.
34. If it is found by a court that any of the Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
35. Any delay of Penkridge Open Air in enforcing any of the Conditions shall not constitute a waiver of Penkridge Open Air’s rights to do so.
36. Any person, other than the Promoter or the Agent or Venue, who is not a party to the Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Conditions.
37. Nothing in the Conditions and no action taken by You or Penkridge Open Air under the Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other fiduciary relationship between You and Penkridge Open Air beyond the relationship created under the Conditions.
38. The Conditions constitute the entire agreement between You and Penkridge Open Air in relation to the Tickets, the Event and the Venue, and supersede any previous terms and conditions, agreement or arrangement between You and Penkridge Open Air relating to the same. The Conditions cannot be varied or amended in any respect (unless agreed between You and Penkridge Open Air in writing).
39. You and Penkridge Open Air both agree that it has not entered into the Conditions in reliance of, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity by any person other than as expressly set out in the Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.
40. The 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 or the Department for Business, Innovation and Skills.
41. If any dispute arises out of the Conditions, Penkridge Open Air will attempt to settle it. To this end Penkridge Open Air shall use its 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 Penkridge Open Air is 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.
42. The Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English court.