These Terms and Conditions are the standard terms for the sale of event tickets by Fizz Festivals Limited.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"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.
“Force Majeure Event” has the meaning given in Clause 24.
"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.
"Promoter" means the person firm or company staging the Event if different from Us and the Venue (provided that, if We are promoting the Event ourselves, references to the Promoter may be treated as references to Us)
"Tickets" means tickets or other types of evidence (including electronic tickets and/or wristbands) 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/Us/Our” means Fizz Festivals Limited, trading as Fizz, a private limited company registered in England under number 10596541, whose registered address and main trading address is 105 Forton Road, Newport, Shropshire, United Kingdom, TF10 8BU.
"You" means you or anybody who in Our reasonable opinion is acting with your authority or permission. "Your" shall be read accordingly.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2. These Terms and Conditions and Us
2.1 We are Fizz Festivals Limited, trading as Fizz Festivals, a private limited company registered in England under number 10596541, whose registered address and main trading address is 105 Forton Road, Newport, Shropshire, United Kingdom, TF10 8BU.
2.2 These Terms and Conditions incorporate and should be read in accordance with the Venue terms and, if we are not the Promoter, the Promoter’s terms, copies of which are available upon request from the Venue. In the event of any inconsistency between the terms in relation to Venue or Event requirements, these Terms and Conditions shall prevail.
3. Age Limit
3.1 Anyone under the age of 16 wishing to attend an Event must be accompanied to the Event by someone over the age of 18. Those who are ages 16 or 17 are allowed to attend Events unaccompanied, but we would strongly advise that this decision is made with the consent of a parent or legal guardian.
4. Tickets
4.1 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
4.2 We confirm that We are authorised to sell Tickets.
4.3 A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
4.4 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.
4.5 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 or the Venue acting reasonably. In the event of duplicates being issued, a reasonable administration charge may be levied.
4.6 We and the Promoter reserve the right to provide alternative seats at an Event to those specified on the Ticket should the staging of the Event so reasonably require, provided they are of no less value to that stated on the Ticket.
4.7 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
4.8 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.
5. Payment and delivery
5.1 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.
5.2 Once your online booking has been confirmed an order confirmation will be sent to the email address You specified in Your order, at which point a contract will come into existence between You and Us. No agreement is formed between You and Us for the sale of Tickets until we email You with this confirmation.
5.3 It is Your responsibility to check prior to purchase that the information You have supplied to Us with regards to your Ticket requirements is accurate.
5.4 On arrival at the Event for which Your Tickets are valid, You will be required to show the following to in order to validate Your Tickets and obtain entry to the Event:
5.4.1 in circumstances where a concession is claimed, proof of identity and concession entitlement (for example of age or student status);
5.4.2 a legible printout of your Tickets or a legible electronic version on a mobile device;
5.4.3 the credit or debit card used to purchase the Tickets.
5.5 If You fail to produce any of the above items You will not (subject to Our discretion) be admitted to the relevant Event using Your Ticket.
5.6 Any persons for whom You have not bought a Ticket who wish to enter an Event will be required to pay the standard entry rates applicable to the relevant Event.
6. Changes to Event
6.1 Where reasonably necessary, We reserve the right, and the right of the Venue and/or the Promoter, to make alterations to the published Event programme.
7. Refunds/exchanges
7.1 Tickets cannot be exchanged or refunded after purchase except in accordance with the following clauses.
7.2 Where an Event is cancelled or rescheduled or curtailed because of adverse weather or any Force Majeure Event or otherwise due to circumstances beyond Our control, We will consider, but We are under no obligation to pay any compensation or provide any refund (either in full or in part).
7.3 We may change the programme or performers at an Event with no liability to pay compensation or make a full or partial refund.
7.4 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.
7.5 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, Energy and Industrial Strategy (BEIS).
8. Attendance is at Your own risk
8.1 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 8.
8.2 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 other breach of statutory duty.
8.3 We are unable to accept any liability for personal or property damages, losses (including surrendered items) or injuries sustained at an Event other than caused as a result of Our negligence.
9. Cancelled/re-scheduled Events
9.1 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.
9.2 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.
10. Resale/use of Tickets and property
10.1 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. 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.
10.2 Circumstances where We may consider that a Ticket is being resold in the course of business include:
10.2.1 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 b) and c) below.
10.2.2 Where a single Ticket reseller frequently advertises or offers tickets for resale for the same event or multiple events.
10.2.3 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.
10.2.4 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 11.2.2 and 11.2.3 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.
10.3 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.
10.4 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 as well as the name of the original supplier and any booking reference 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.
11. Void Tickets
11.1 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.
11.2 Void Tickets are non-refundable.
12. Restrictions on the purchase of tickets
12.1 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 Venue’s or Promoter’s agreement, without prior notice unless the purchase of an excess was due to Our error.
13. Conditions of Admission
13.1 The management of the Venue reserves the right to refuse Ticket holders admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void
13.2 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:
13.2.1 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
13.2.2 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
13.2.3 in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs; or
13.2.4 fails, when required, to produce proof of identity or age.
13.3 You must comply with instructions and directions given by Venue staff and stewards.
13.4 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.
14. Restrictions and prohibitions
14.1 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 tems.
14.2 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.
14.3 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.
14.4 Ticket holders may not bring into the Venue, or erect at the Venue, any tents, gazebos or other temporary shelters.
14.5 Mobile telephones and messaging equipment must be switched off during the Event.
14.6 Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted unless within a designated smoking Area (if any).
14.7 The following are not permitted within any Venue:
14.7.1 animals (with the exception of guide dogs)
14.7.2 laser pens
14.7.3 Your own food and drink (unless permitted by Us or the Venue in our Event marketing);
14.7.4 bottles, cans or glass containers (unless permitted by Us or the Venue in our Event marketing);
14.7.5 any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and
14.7.6 illegal substances.
14.8 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.
14.9 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.
14.10 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.
14.11 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.
14.12 Commercial, promotional and trading activities are not permitted at the Venue or without Our express prior written permission and We will charge a fee for any commercial activity (including filming, photography and recording) at the Venue.
14.13 Wristbands removed from the wrist or tampered with will be rendered invalid and will not be replaced. Lost or missing wristbands will not be replaced. Those without wristbands will be refused admission to the site or may be removed from the Venue.
14.14 For security purposes each Ticket remains Our property at all times and all wristbands issued by Us remain Our property until the Event has finished.
15. Health and Safety
15.1 Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event.
15.2 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.
16. Use of details and Data Protection
16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).
16.2 We may use your personal information to:
16.2.1 Stage the Event.
16.2.2 Process your payment for the Tickets.
16.2.3 Inform You of new products and services available from Us. You may request that We stop sending you this information at any time.
16.2.4 In certain circumstances (if, for example, you wish to pay for the Tickets on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
16.2.5 We will not pass on your personal information to any other third parties without first obtaining your express permission.
17. Our Liability
17.1 Except in respect of death or personal injury caused by Our negligence, We shall not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the terms of these Terms and Conditions, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Our servants or agents or otherwise) in connection with the performance of Our obligations arising under these Terms and Conditions or otherwise in relation to the purchase of Tickets or Your attendance at an Event.
17.2 We make no warranty or representation in relation to the Event or the Tickets.
17.3 We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
17.4 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
17.5 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
18. Dispute Resolution
18.1 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.
18.2 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 mediation shall be conducted in accordance CEDR rules current at the date of the referral which sets out, the procedures to be adopted, the process of selection of the mediator and the costs involved, and which terms are deemed incorporated into this agreement.
19. Waiver
19.1 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.
20. Assignment
20.1 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.
21. Severability
21.1 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.
22. Third Parties
22.1 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.
23. Force Majeure
23.1 For the purposes of these Terms and Conditions, "Force Majeure" means any cause beyond Our control including, without limitation, disease or pestilence, 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.
24. Amendments and variations
24.1 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.
24.2 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).
25. No Partnership or Agency
25.1 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.
26. Entire agreement
26.1 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.
26.2 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.
27. Governing Law and Jurisdiction
27.1 These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts.