1. DEFINITIONS AND INTERPRETATION
"Event" means the festival known as GoFest 2017 to be held as scheduled at the Surrey Sports Park on the 28th and 29th May 2017.
“Material Change” means a change to the Event which in the reasonable opinion of the Promoter makes the Event materially different to the Event which Ticket Holders could reasonably expect. A material change shall be judged by reference to the overall theme of the Event. Changes to start and finish times of the Event or any activity, appearance or non-appearance of any sporting “celebrity”, availability of any individual activity and the presence of any individual exhibitor at the Event shall not be a material change.
"Ticket" means any valid ticket or other types of evidence (including electronic tickets) which permits You to attend the Event and/or gives You the right to occupy space at the Event.
“Ticket Holder” means the person who purchases Tickets, either for themselves or on behalf of anyone else, and/or the person who holds the Ticket, which shall include any persons accompanying such person as part of a group under a group ticket and enters or attempts to enter the Venue to attend the Event.
"Venue" means any facilities or locations of any nature where the Event is being held.
"We" means the company staging the Event (the “Promoter”): Juice Festivals Limited, a company Registered in England and Wales under Registration Number 8843276. "Us" and "Our" shall be read accordingly
"You" means the Ticket Holder (including any persons under a group Ticket) or anybody who in Our reasonable opinion is acting with Your authority or permission. "Your" shall be read accordingly.
2. OUR CONTRACT WITH YOU
- These Terms and Conditions govern all Ticket sales and Your admission to the Event. Purchasing Tickets and/or entering or attempting to enter the Venue will constitute Your acceptance of these Terms and Conditions.
- Your order to purchase Tickets constitutes an offer by You to purchase Tickets in accordance with these Terms and Conditions. Your order shall only be deemed to be accepted when You are issued with written acceptance of Your order for Tickets, at which point the contract will come into existence between You and Us.
3. SCHOOL GROUP BOOKINGS
- Where You are booking Tickets for a school group, You agree that You shall, or shall procure that another responsible adult shall:
- Take responsibility for and supervise each child in Your group at all times during the Event and in respect of any activities that each child may participate in during the Event; and
- Ensure that each child in Your group only participates in activities that are appropriate to the age and abilities of that child, as judged by the responsible adult in charge of that child.
- You acknowledge that some or all of the suppliers of the activities at the Event may require Ticket Holders to complete forms to assess fitness or ability to participate in the activity and/or waiver of liability forms before participating in such activity. You shall be responsible for the completion of, or procuring the completion of, such forms and the obtaining of any required consent or information from the parent or guardian of the children in Your group. We therefore strongly suggest You contact Us in good time prior to the Event for the contact details of the supplier(s) of activities that Your group wish to participate in so that such suppliers may inform You of their requirements.
- 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 the Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket. You must retain Your Ticket on Your person at all times during the Event.
- It is Your responsibility to check your Tickets. If You have made a mistake when booking your ticket it may not always be possible to rectify the mistake after purchase. Please check your Tickets on receipt carefully and contact Us immediately if there is a genuine mistake.
- We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets.
- Duplicates may therefore be issued at our discretion acting reasonably. If duplicates are being issued, a reasonable administration charge may be levied.
- Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required at the time of purchase and/or at the time of entering or attempting to enter the Venue.
- Tickets are not transferrable and cannot be exchanged.
- 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 or used in connection with 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 your Ticket.
- In order to avoid disappointment on the day, we recommend that all Ticket Holders that wish to participate in activities at the Event (including children) register on the GoFest Activity Booking system, where available for your chosen activities, prior to attending the Event. It is Your responsibility to check the GoFest website (www.gofest.co.uk) for updates on the availability of the GoFest Activity Booking system and whether Your chosen activity needs to be booked on the GoFest Activity Booking system prior to You attending the Event. Participation in activities at the Event is subject to availability. Failure to register when required may result in Ticket Holders not being able to participate in activities at the Event. We will not be liable to You for any missed opportunities to participate in activities, whether this is due to Your failure to register on the GoFest Activity Booking system when required to do so or otherwise.
5. CHANGES TO EVENT
The Promoter reserves the right to make alterations or variations to the published Event which may result in changes to the appearance of any “celebrity”, the availability of any activity and/or the presence of any exhibitor at the Event. Any published start or finish times for the Event, any activity and/or any other aspect of the Event are estimates only and are subject to change. The Promoter shall not be liable for any changes to the published Event.
CANCELLED OR RESCHEDULED EVENTS
It is Your responsibility to ascertain whether the Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where the 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.
- Tickets cannot be refunded after purchase even if, due to unforeseen circumstances, the Event is rescheduled or subject to a Material Change (subject to below). The non-appearance of any sporting “celebrity” who, according to the Event programme or advertisements, was due to attend the Event or the unavailability of any activity that, according to the Event programme or advertisements, was due be available at the Event shall not entitle You to any refund.
- Where the Event is rescheduled, tickets shall remain valid for the published re-scheduled date and that unless notified otherwise, shall not require to be changed.
- In the event of a Material Change or the Event is cancelled (for whatever reason)and not rescheduled for a later date;
- You will be entitled to a refund on the face price of the Ticket. For the avoidance of doubt delivery or transactions costs (of the Tickets) shall not be refunded. Where cancellation takes place part way through the Event, You may only be entitled to a refund of part of the face price of the Ticket plus the booking fee.
- Refunds shall only be made to the person who purchased the Tickets and 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.
8. EXCLUSION OF LIABILITY
- Nothing in these Terms and Conditions shall exclude or limit the Promoter’s liability for fraud or death or personal injury caused by its negligence.
- WARNING: You acknowledge that the Event features activities of a physical nature and that any participation in the Event by You is at your own risk and may carry inherent risks associated with physical activity, including but not limited to personal injury to You which may be of a minor, serious or catastrophic nature. Minor injuries may include, but are not limited to: scrapes, bruises, sprains, nausea, and cuts. Serious injuries may include, but are not limited to: damage, broken bones, torn ligaments, concussions, exposure, heat-related illness, mental stress or exhaustion, infection, and concussions. Catastrophic may include, but are not limited to: permanent disabilities, spinal injuries and paralysis, stroke, heart attack, and even death. You further acknowledge and agree that the Promoter is responsible for the organisation of the Event as a whole and is not responsible for the organisation or performance of any activities offered at the Event which are provided by third party suppliers not connected to the Promoter. The Promoter shall not be liable to You for any injury you may sustain in attending the Event and/or participating in any activities at the Event, other than where such injury is caused by the Promoter’s negligence.
- Subject to clause 8.1, the Promoter shall have no liability whatsoever arising out of or in connection with:
- Your attendance at the Event;
- Your participation in any activities connected to the Event;
- the acts or omissions of any of the activity providers at the Event; or
- any loss, injury or damage to any person (including Yourself) or property however caused.
- Subject to clause 8.1, the Promoter shall not be liable to You under any circumstances, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising out of or in connection with the Event, and/or Our performance (or any failure to perform) any obligations under these Terms and Conditions.
- Subject to clauses 8.1, 8.2, 8.3 and 8.4, the Promoter’s total liability to You in respect of all other losses arising under or in connection with the Event, and/or these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the face value of the Ticket.
- 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 the Event, or for a Material Change to the Event, will be limited to the refund as set forth in Section 7.
- Neither the Promoter 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 or that of the Venue or the Promoter or other breach of statutory duty.
- 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.
- These Terms and Conditions do not and shall not affect Your statutory rights as a consumer.
9. TICKET RESALE
You may not re-sell or transfer a Ticket as it is personal to You and such action shall immediately breach the agreement as set out in section 10 below.
10. VOID TICKETS
- Any Ticket obtained other than in accordance with these Terms and Conditions shall be null and void and all rights conferred or evidenced by such Ticket shall be null and void. The Promoter may refuse admission to, or eject any person seeking to use such a void Ticket in order to gain or provide entry to the Event and may be have legal proceedings brought against him/her.
- Void Tickets are non-refundable.
11. 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 Our agreement, without prior notice unless the purchase of an excess was due to Our error.
12. CONDITIONS OF ADMISSION
- The Promoter and/or 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.
- Whilst attending the Event, You must:
- comply with the instructions and directions given by the Promoter, the Venue owner and their staff, stewards and sports coaches;
- vacate the Venue promptly at the close of each day during the Event;
- behave in an appropriate manner at all times during the Event and in such a manner so as not to cause any nuisance or annoyance or to cause risk of harm to the Venue and any of its staff and other users of the Venue, the Promoter and any of its staff or suppliers, any other attendees at the Event, or damage to any property or equipment of the Venue or any third parties at the Event.
- The Promoter reserves the right, and may take any appropriate action necessary to enforce such right, to eject Ticket Holders from the Venue and the Event at any point where in the Promoter’s reasonable opinion the Ticket Holder:
- has behaved at the Event in a manner which, has, or is likely to affect the enjoyment of other Ticket Holders; or
- 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
- is acting under the influence of alcohol or drugs; or
- fails, when required, to produce a Ticket, proof of identity or age, or proof of concession; or
- is in breach of any of these Terms and Conditions.
- 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 in clause 12.3 above.
- By attending the Event, Ticket Holders consent to their being photographed, filmed and sound recorded by the Promoter at any time and in any location within the Event. The Promoter may use such photos, films and recordings (including any copies) without payment for promotional purposes. The Ticket Holder hereby grants the Promoter permission to use the Ticket Holder’s image or likeness in relation to any live or recorded television or other media transmission or reproduction in whole or in part of his/her participation in the Event.
- Recording, filming or taking photographs during the Event is not permitted without the prior written consent of the Venue and the Promoter.
13. RESTRICTIONS AND PROHIBITIONS
- All persons under the age of 16 must be accompanied at the Event by a parent, legal guardian or nominated guardian over the age of 18.
- Ticket Holders shall not, without the written consent of the Promoter, bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.
- No food or drink is to be brought into the Event.
- Alcohol may only be purchased and consumed in public bars and other authorised areas. When purchasing alcohol, if you appear to be under the age of 25, you may be asked for proof of age. Smoking is not permitted unless within a designated smoking area (if any).
- The Promoter reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the Promoter, may cause danger or disruption to other attendees at the Event or to 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 the discretion of the Promoter. Otherwise, there will be no re-admission or pass-outs of any kind.
14. HEALTH AND SAFETY
- Ticket Holders must comply with all relevant statutes, safety announcements and Promoter or 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.
There is strictly no camping at Surrey Sports Park during the Event.
16. DATA PROTECTION
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.
20. 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, and You (or Your assignees permitted hereby) have rights and obligations under this contract.
21. AMENDMENTS AND VARIATIONS
We intend to rely on the written terms set out here in this document. 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.
22. 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.
23. ENTIRE AGREEMENT
- These Terms and Conditions 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 agreement shall operate to limit or exclude any liability for fraud.
24. 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 jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland, you may also bring proceedings in Scotland.