1. Definitions and Interpretation
“Abandonment” or “Abandoned” means the stopping of the Event or any part of it during the Times.
“Cancellation” or “Cancelled” means that the Event will not take place.
“Event” means without limitation the firework display, bonfire and entertainment (if any) held at the Venue.
“Outlet” means the place or places where Tickets are sold.
“Refund” means a sum of money equal to the face value of the ticket or such discounted or promotional sum as was paid by You.
“Tickets” means printed tickets or other types of evidence for the Event sold by Us to permit You to attend the Event.
“Times” means the time from when the gates open to admit ticket holders to the Event (5.00pm) until the gates are closed at the end of the Event (9.30pm) on Saturday the 1st November 2014
“Venue” means The Arena, The East of England Showground, Peterborough PE2 6XE
“We” means together the Rotary Club of Peterborough Minster and Peterborough Round Table.
“Us” and “Our” shall be read accordingly
“Our Website” means www.fireworkfiesta.com
“You” means You or anybody who in Our reasonable opinion is acting with Your authority or permission. “Your” shall read accordingly
2. Incorporation
These Terms and Conditions incorporate and should be read in accordance with the Venue terms, conditions and regulations, copies of which are available on request from the Venue (www.peterborougharena.com).
3. Tickets
- All Tickets are sold subject to availability and subject 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 the Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
- We will not be responsible for any Ticket that is lost, stolen or destroyed.
- Where a concession is claimed, proof of identity and concession entitlement (for example 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.
5. Price and Payment
No Ticket will be issued until We have received full payment.
6. Changes to Event
We reserve the right to make alternations to the published Event programme.
7. Cancellation/Abandonment/Refund
Where the Event is Cancelled or Abandoned, We shall not be liable to make any Refund or pay any compensation other than as hereinafter set out:-
– A Refund shall be made if the Event is Cancelled before the Times.
– There shall be no Refund if the Event is Abandoned.
– It is your responsibility to ascertain whether the Event has been Cancelled notice of which we shall use our reasonable endeavours to give by (as far as We reasonably can) radio, television, announcements, Facebook and Twitter.
– A Refund will be payable only on production of a valid Ticket or Tickets and in order to claim a Refund You must apply to the Outlet where the Tickets were sold within 14 days from the date of the Event. A Refund can be made only by the Outlet which originally sold the Ticket or Tickets.
– These Terms and Conditions do not and shall not affect Your statuary rights as a consumer. For further information about Your statuary rights contact Citizens Advice, Consumer Direct (http://www.consumerdirect.gov.uk/) or the department for Business Innovation and Skills.
8. 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 for material changes to the Event, will be limited to the Refund as set out in Section 7.
– Neither We nor the Venue will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Our negligence.
9. Resale/Use of Tickets
– Tickets You purchase are for personal use only.
– Unless You have the written permission of Us, You may not re-sell, transfer or combine (or seek to re-sell, transfer or combine) Tickets for commercial gain or profit.
– A Ticket shall not be used for advertising, promotion, contests or sweepstakes.
– A breach of this condition will entitle Us to seize or cancel Your Tickets without Refund.
10. 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 Ticket in order to gain or provide entry to the Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action.
– Void Tickets are not refundable.
11. Conditions of Admission
– We and the management of the Venue reserve 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.
– We and the management of the Venue also reserve 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, We and the Venue may remove a Ticket holder who:
1) has behaved at the Venue in a manner which, in the reasonable opinion of Us or 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 Us or 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 Us or the 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.
12. Restrictions and Prohibitions
– The use of equipment for recording or transmitting (by digital or other means) any entertainment at the Venue is strictly forbidden. Unauthorised recordings of any entertainment in any form may be confiscated and destroyed. Any recording made of the Event in breach of these conditions shall belong to Us. We and the 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. 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 materials.
– 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 will not be allowed to be taken onto the Venue:
1) animals (with the exception of guide dogs);
2) laser pens;
3) Your own food and drink;
4) bottles, cans or glass containers;
5) any item which can be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);
6) illegal substances;
7) sparklers; and
8) light sticks
– We and the management of the Venue reserve the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of Us and the management of the Venue, may cause danger or disruption to other members of the public 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 the Event at Our and 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 is strictly forbidden.
13. 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 and lighting effects.
14. 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 by mediation. To initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation.
15. 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.
16. Assignment
We shall be entitled to assign any of Our rights and obligations under these Terms and Conditions provided Your rights are not adversely affected.
17. 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 form continuing to apply.
18. Third Parties
– Any person, other than the Venue or Us, 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, and You (or Your assignees permitted hereby) have rights and obligations under this contract.
19. 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.
20. 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. 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. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless both You and We agree in writing.
21. 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.
22. Entire Agreement
– These Terms and Conditions, and the terms and conditions of the Venue and any special 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 and Conditions or not) other than as expressly set out in these Terms and Conditions.
23. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English court.