Terms and Conditions
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EVENT TERMS AND CONDITIONS
“Event” means Ramblin’ Man Fair 2017.
“Promoter” or “Us” means Spirit of Rock Limited.
“Terms and Conditions” means these terms and conditions.
“Venue” means Mote Park, Mote Avenue, Maidstone, Kent, ME15 7SU.
“Ticket” means any ticket or wristband that is valid for admission to the Event or any wristband for which You have exchanged Your ticket at the Event.
“You” means you as the purchaser or holder of the Ticket and “Your” shall be read accordingly.
1. These Terms and Conditions should be read in accordance with the terms and conditions of the authorised ticket agent from which You purchased Your Ticket. In the event of any differences between these Terms and Conditions and the terms and conditions of the relevant authorised ticket agent, these Terms and Conditions shall prevail.
2. All Tickets are sold subject to these Terms and Conditions. Purchase of any Ticket confirms Your acceptance of these Terms and Conditions on Your behalf and on behalf of any person for whom You are purchasing Tickets.
3. These terms and conditions are subject to change from time to time without notice.
4. You must have a valid Ticket, that is not damaged or altered, to be admitted to the Event. You must retain this at all times during the Event.
5. On receipt of Your Ticket please check it carefully as mistakes can not be corrected after purchase.
6. You are solely responsible for the safe-keeping of your Ticket. We are not responsible if it is lost, damaged, stolen or destroyed.
7. Ticket prices and availability are subject to change without notice.
8. Each Ticket allows the entry of one person to the Event on the day or days as shown on the Ticket. There is no readmission for single day Ticket holders.
9. Tickets are personal revocable licences and remain the property of the Promoter at all times and subject to these Terms and Conditions. You may not re-sell or transfer a Ticket for any reason whatsoever and if you do so the Ticket will become invalid.
10. Tickets are sold subject to the Promoter’s right to alter or vary the published Event programme, which may result in changes to the performance line-up, playing times or any other aspect of the Event. The Promoter reserves all rights in this regard.
11. Tickets are non refundable, non transferrable and cannot be exchanged.
12. Tickets bought from unauthorised agents are not valid and admission will not be granted to the Event with any Ticket bought from unauthorised agents.
13. The Event is subject to licence.
14. Right of entry is reserved by the Promoter who may refuse you entry and/or eject you from the Event.
15. Your attendance at the Event confirms your consent to use Your actual or simulated likeness in all media including film, photo, audio and audiovisual for any purpose at anytime through the world, the copyright of which is owned by the Promoter.
16. To the extent permitted by law and with Your consent, personal information provided by You to the Promoter will be used for all purposes reasonably connected with the operations of the Event.
17. You agree that the Promoter, its servants or agents will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused (including by the Promoter or its servants or agents): (a) in any circumstances unless due to the negligence of the Promoter, its servants or agents; (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury due to the negligence of the Promoter, its servants or agents); and/or (c) to the extent that any increase in any loss or damage results from the breach by You of any of these Terms and Conditions.
18. The Promoter 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, where Force Majeure means any cause beyond the Promoter’s control including, without limitation, an act of God, insurrection, war, riot, civil disturbances, acts of terrorism, fire, explosion, flood, royal mourning, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements and/or acts or regulations of national or local governments.
19. You agree that the Promoter shall not be liable to You for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Event.
20. The Promoter will not have any liability to You whatsoever for loss or expenses incurred in connection with the Event or any cancellation of the Event, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Event.
21. The Promoter shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that Your rights are not adversely affected.
22. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms and Conditions valid or enforceable.
23. If the Promoter delays or fails to enforce any of these Terms and Conditions it shall not mean that the Promoter has waived its right to do so.
24. Any person, other than the Promoter, who is 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.
25. Nothing in these Terms and Conditions and no action taken by You or the Promoter 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 fiduciary relationship between You and the Promoter.
26. These Terms and Conditions constitute the entire agreement between the parties in connection with the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between You and the Promoter relating to the subject matter of these Terms and Conditions.
27. Nothing in these Terms and Conditions shall purport to exclude liability for fraud or fraudulent misrepresentation.
28. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
PACKAGES TERMS AND CONDITIONS
1.1 Definitions: the following terms shall have the following meanings:
Accommodation any hotel rooms, glamping options, camping options or other accommodation (reserved for use either prior to, during or after the Event) details of which are set out in the Advertisement
Advertisement the advertisement for the Event or the Package on the Website or elsewhere
Event means Ramblin’ Man Fair 2017 and in the case of Founders Club purchases only Ramblin’ Man Fair 2016.
Hospitality any hospitality, services, entertainment, catering and/or drinks element of any type the details of which are set out in the Advertisement
Merchandise any goods, souvenir or other item of merchandise provided as part of the Package and as set out in the Advertisement
Order Confirmation Number the number given to you confirming that we have accepted your order
Package a package detailed in the Advertisement which may include without limitation: Merchandise; the Tickets; Travel; Accommodation; Hospitality or any combination of those for one person (unless stated otherwise in the Advertisement)
Price the price of the Package either as set out in the Advertisement or, if changed, as subsequently notified by us to you prior to purchase
Special Conditions the further terms and conditions and/or restrictions in relation to each Package specific to each Package, details of which are set out in the Advertisement
Terms and Conditions these terms and conditions relating to the purchase of Packages
Ticket a ticket for the Event
Travel the travel to and/or from the Event details of which are set out in the Advertisement
UK the United Kingdon
Venue means Mote Park, Mote Avenue, Maidstone, Kent, ME15 7SU
Vouchers vouchers or equivalent documentation for Accommodation, Merchandise, Travel and/or Hospitality
We/us Spirit of Rock Limited
You the purchaser of the Package(s)
1.2 The Terms and Conditions shall constitute a binding contract between you and us when you order a Package.
1.3 Please make sure that you have read these Terms and Conditions before placing an order with us. In addition, please read these each time you make a purchase as these Terms and Conditions are subject to change without notice and the terms and conditions in force on the date you purchase the Package govern your purchase.
1.4 PLEASE BE AWARE THAT THERE MAY BE CERTAIN RESTRICTIONS OR SPECIAL RULES RELATING TO EACH PACKAGE (Special Conditions). The Special Conditions will form part of and be deemed to be incorporated in these Terms and Conditions.
3. ORDERING PROCESS
3.1 When you place an order to purchase Package(s) from us by telephone or through the Website, you will be asked to enter or provide certain information including your name, address, contact telephone number, email address and debit/credit card details. This information is required to contact you and to process the transaction.
3.2 Your order represents an offer by you to us to purchase a Package or Packages which shall only be accepted by us and form a binding agreement between us when the later of the below events has occurred: (a) we process your debit/credit card details successfully if you have chosen to pay by debit/credit card; or (b) if you have requested we issue you with an invoice in respect of such Package or Packages, when we issue such invoice; or (c) we either send you or inform you of the Order Confirmation Number, Whilst we will take care to ensure that all elements of an order are processed, you should check the order confirmation carefully. Any elements of a Package on the same order which we have not confirmed with the Order Confirmation Number; which we do not confirm during the booking process; or in relation to which we do not debit your credit/debit card or are not set out on any invoice issued to you do not form part of our agreement and will not be supplied.
3.3 The method of delivery of the Package may vary, depending upon known facts, including without limitation: (a) the nature of the Package; (b) the goods and services comprising the Package; and (c) the location of your delivery address.
3.4 If the delivery address provided by you at the time of booking is located IN THE UK we will, within the 14 day period prior to the Event taking place, either: (a) post all or part of the Tickets, Vouchers and/or Merchandise (as applicable) which comprise the Package to the delivery address provided by you at the time of booking; (b) notify you, via the email address provided by you at the time of booking, that all or part of the Tickets, Vouchers and/or Merchandise (as applicable) which comprise the Package may be collected by you at the Venue and confirming the details of such collection. IMPORTANT: If you have not received your Tickets, Vouchers and/or Merchandise (as relevant) or an email from us confirming collection instructions by 48 hours before the Event, please contact us on firstname.lastname@example.org.
3.5 If the delivery address provided by you at the time of booking is located OUTSIDE THE UK, the Tickets, Vouchers and/or Merchandise (as applicable) which comprise the Package will NOT be posted to you in advance of the Event taking place and will be collected at the Venue.
3.6 When you receive Tickets or other Vouchers please keep them in a safe place. You will be responsible for any loss, theft or damage to your Tickets or Vouchers and no duplicates or replacements will be issued.
3.7 No part of the Package sold is transferable, returnable (except as set out below), exchangeable or refundable save as set out below.
3.8 In exceptional circumstances we may offer to resell your Packages for you. If you wish to resell your Package you should notify us by contacting email@example.com. If we, in our absolute discretion, agree to resell the Package, you will return the Tickets or Vouchers or Merchandise to us. We will then offer the Package for resale at the original Price. If we resell a Package we will refund to you the Price less a £50 administration fee, which we will deduct. If we are not able to resell a Package, no refund will be made.
3.9 We reserve the right at any time and without prior notice to you to terminate any agreement between us and cancel any bookings where we reasonably suspect them (i) to have been made fraudulently, (ii) to have been purchased for resale or are resold or (iii) where you are otherwise in breach of these Terms and Conditions.
4. LIMITS AND AVAILABILITY
4.1 The maximum number of Packages that you are entitled to order for the Event shall be as stated at the point of purchase.
4.2 Packages are subject to availability at the time we process your order and any applicable offers (including the Price) are subject to change at any time without notice prior to confirmation of your order. You are advised to check all details carefully as, once your purchase has been notified to you, we are not able to exchange or refund your order.
5.1 A Package may comprise a Ticket to the Event, Hospitality, Accommodation, Merchandise or Travel or Parking or combination of them as set out in the Advertisement.
5.2 Unless an item is specifically referred to as included within the Package you should assume that it is not included in the Package and you should make your own arrangements.
6. TRAVEL AND ACCOMMODATION
6.1 Packages are additionally subject to the terms, conditions and restrictions imposed by the relevant Accommodation or Transport provider. We will where possible set these out in the Special Conditions. You must however satisfy yourself that the services provided are to your satisfaction and meet your requirements. Whilst we will correct any inaccuracies or investigate any errors, as we use a variety of service providers we rely on the information provided to us (unless it is not reasonable for us to do so). Accordingly, we cannot accept liability for any descriptions given by the owner or operator of the Accommodation or Travel company.
6.2 The Travel included in the Package, if any (and unless stated otherwise), comprises transport to and from the Venue from the Accommodation or such location specified in the Package in the morning and evening of the days of the Event only.
If you are traveling from overseas we advise that you have and maintain adequate travel insurance, since it is not offered by us.
8. EVENT ADMISSION
8.1 Any Package including a Ticket will admit one person only to the Event (unless the Package is expressly stated to include more than one Ticket to an Event). If a Package does not include a Ticket then you will need to a purchase the relevant number of tickets for the specific Package.
8.2 Tickets are issued subject to any relevant Event Terms and Conditions as detailed on the Website.
9. ALTERATION TO ADVERTISED PACKAGES
Every reasonable effort will be made to provide the Packages as advertised or confirmed. We do however reserve the right to substitute any element for its suitable equivalent. We also have the right to change the Price at any time before purchase.
10. EVENT CANCELLATIONS / POSTPONEMENTS
10.1 If the Event is cancelled or postponed, we will use our reasonable endeavours to notify you of the cancellation or postponement.
10.2 If the Event is rescheduled or postponed, we will where possible use our reasonable endeavours to offer you tickets to the rescheduled Event (together with the associated Travel, Accommodation and Hospitality), equivalent to the value of the Ticket, Hospitality, Accommodation and Travel forming part of the original Package. If the Event is cancelled, if we are unable to provide you with tickets to the rescheduled Event or if you are unable to attend the rescheduled Event, you will be entitled to a refund of the elements of the Package not provided to you.
10.3 We reserve the right to cancel or withdraw any part of any Package at any time, whether or not an Event is cancelled or postponed. If we elect to cancel or withdraw any element of the Package we will contact you on the details provided when booking the Package. We will at our option offer to either: refund the Price paid by you in full if no part of a Package is provided; or refund the price for those elements of the Package cancelled or withdrawn; or offer the Package to you for a different date. If you are not able to attend any rescheduled date we will offer you a full or partial refund as set out above.
11. LIMITATION OF LIABILITY
11.1 We shall not be liable to you for death, personal injury to you or loss or damage caused to your personal property unless it is caused by our deliberate, willful or negligent act or omission or any breach of statutory duty.
11.2 Subject to Clause 11.4, we will be responsible for any losses you suffer as a result of a breach by us of these Terms and Conditions where those losses were reasonably foreseeable to both you and us at the date you place your order. We will not be responsible for any business or economic losses (including but not limited to loss of profit, revenue, contracts, anticipated savings or opportunity) or any other indirect loss that is not reasonably foreseeable to both us and you when the order was made.
11.3 Except as otherwise set out in these Terms and Conditions and any other applicable terms and conditions and unless caused by an error or fault on our part we will not be liable to you, anyone accompanying you or any Package holders for any unavailability, delay or non-delivery of Tickets, Vouchers or any element of any Package, or any other acts or omissions that are beyond our reasonable control.
11.4 Our maximum liability to you (or anyone accompanying you or the holder of any Package purchased by you) under these Terms and Conditions is to refund to you the Price paid by you for the Package.
11.5 If your package includes Parking neither we nor our employees servants or agents accept liability for any loss or theft of or from any Vehicle or any damage caused to a Vehicle, unless caused by the negligence, willful act or default or breach of statutory duty by us or our employees servants or agents. Cars are parked at the driver/owners own risk.
12. NON TRANSFERABILITY OF PACKAGES
12.1 You are entitled to purchase tickets for use only by you and by any person(s) intending to accompany you as your guest, provided that those person(s) do not pay to you more than the Price. Ticket holders may be refused entry if they are not accompanying you, the purchaser. You must ensure that any person(s) accompanying you are aware of these Terms and Conditions and the Special Conditions.
12.2 No part of the Package including any Ticket may be transferred for profit or commercial gain, re-sold, exchanged or given to a third party, offered as an incentive, giveaway or a prize in a competition or otherwise disposed of. Any attempt to do so will result in the Package being withdrawn and at our option any Ticket or Voucher becoming void.
12.3 If any element of the Package including a Ticket is so transferred by anyone other than us or our authorised agent, the holder of such Ticket may be refused entry to, or be ejected from the Venue and the holder of such Tickets will be required to deliver up the Ticket on demand. In those circumstances, we reserve the right not to fulfil any other Voucher.
13. ALTERATION AND SEVERABILITY
13.1 If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed deleted provided that: the deletion of that term will not affect the validity and enforceability of any remaining condition(s); if the commercial purpose of these terms is materially affected, we and you will agree alternative terms and conditions without such invalid and or void conditions.
13.2 No variation to these Terms and Conditions or any agreement between us which you make or purport to make will be valid and effective unless it has been acknowledged and agreed in writing by us.
If you breach these Terms and Conditions and we take no immediate action, we will still be entitled to assert our rights in relation to any such breach and to in relation to any further breach of these Terms and Conditions.
15. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
The provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this Agreement and to this end you acknowledge that these Terms and Conditions do not give any third party the right to enforce any of the terms against us.
16. EXTERNAL WEBSITES
We do not control external websites which are linked to the Website and we can therefore not be held responsible for their content.
17. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English Courts, save in relation to enforcement of any judgment, in which case such jurisdiction shall be non-exclusive.