PROMOTERS TERMS AND CONDITIONS IN RELATION TO THE BAY FESTIVAL
These Terms and Conditions incorporate and should be read in conjunction with those of the ticket agent copies of which are available upon request.
In the event of any inconsistency between the terms and conditions of the ticket agent and those of the Promoter then, those of the Promoter shall prevail.
The Festival is aimed at everyone of all ages to enjoy.
The Festival is to be held inside a tent and therefore will go ahead in the event of rain and will only be cancelled in the most extreme weather conditions or where to continue would be deemed to be unsafe by the Promoter..
The Promoter shall use all reasonable endeavours to ensure the information contained on the Promoter’s website, which is solely intended as a source of useful information, is as accurate and up to date as possible. The Promoter may update the content and make improvements and changes in the information, services and other material on the website at any time without any notice.
The Promoter reserves the right of admission and ejection at its absolute discretion.
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.
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 readmission or pass-outs of any kind.
Gates will open at various times on each day. This time will be stated on the ticket and advertised at www.bayfestival.im no later than 30 days before the performance.
There will be a 30 to 45 minute interval during the course of the main part of the evening.
The main artist(s) is anticipated to finish no later than 23.30 and the gates will be locked at around midnight. In most cases the music will be loud and there will be strobe and flashing lights and dramatic stage effects.
Government Registered Security personnel will supervise the whole Festival.
For security reasons personal belongings and baggage will be subject to search.
The Promoter of the Venue reserves the right to conduct security searches from time to time and to confiscate without liability for any loss or damage 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.
CCTV will be in operation especially around the bar areas.
ALL tickets purchased before 20th May 2010 will be held and dispatched on that date. Please allow up to 30th May 2010 for delivery, if by then you have not received them please contact Duke Marketing at email@example.com. Tickets bought after this date will be dispatched within 5 days of booking. Tickets ordered over the phone or on the web within the following times of the event will be held for collection at the Duke shop situated behind the TT Grandstand, Glencrutchery Road, Douglas, Isle of Man, IM2 6DA. IOM – 2 days before the performance day U.K. – 5 days before the performance day Rest Of World – 10 days before the performance day. The cardholder must take the credit card that the tickets were booked with and the reference number. The cardholder’s signature is also required before the tickets will be released. Letters of authorisation and photocopies of the credit card will not be accepted.
A valid ticket must be produced to get into an Event.
Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
Children are welcome but will not be permitted access without being accompanied by an adult. Children under the age of 5 years or under are permitted free of charge as long as they do not occupy a seat on their own. Please note that the music at the festival will be loud.
Tickets may not be exchanged nor money refunded once purchased.
Allocation of tickets does not guarantee a first choice.
Tickets are not valid for any other performance.
There will be a fee charged of £3.00 to cover the cost for reissuing lost tickets.
The programme is subject to alteration both as to time and performance and/or Artists without notice.
The Promoter has no liability in respect of rescheduled performances or for material changes to the programme where such rescheduling and/or material change are beyond the control of the Promoter.
If an Event is cancelled by reason of force majeure or for any reason beyond the control of the Promoter including but not limited to inclement weather and/or the failure of an Artist to appear for any reason then the ticket holder shall be entitled to a refund of up to 50% of the face value of the ticket.
It is the ticket holder’s responsibility to ascertain whether an Event has been cancelled or rescheduled and the date and time of any rescheduled Event.
The Promoter does not guarantee that a ticket holder will be informed of such cancellation before the date of the Event.
LIABILITY AND PERSONAL LOSS:
Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by the ticket holder are at their own risk.
The Promoter will not be responsible for any loss, theft or damage of your personal belongings, other than caused as a result of our negligence or breach of statutory duty.
The Promoter will not be responsible for the Acts or omissions negligence and/or statutory duty of any Security Officers.
The Music Festival is organized and promoted by Isle of Man Bay Festival Limited (IOMBF). (Company number 123321c) IOMBF operates in accordance with data protection legislation, (data protection registration number is 002525) in order to provide a ticket holder with the best service the Promoter will collect certain personal information about a ticket holder. When tickets are booked personal information needs to be collected by the Promoter in order to process the transaction and fulfil an order. This information may include, but is not limited to, details such as the name, address and credit card details of the application. IOMBF will use this personal information to keep ticket holders informed about events, news and offers which the Promoters think will be of interest to the ticket holder now and in the future. If the ticket holder has chosen to receive them the Promoter will also use this information to provide e-mail bulletins and other e-mail alerts letting ticket holder stay up-to-date about relevant events and offers. The Promoter may also use the information to process any transactions which ticket holders undertake with the Promoter and for internal administration and analysis. The Promoter does not sell, rent or trade personal information to third parties for marketing purposes.
The information given has been supplied by the organisations concerned and in good faith. Although believed to be correct IOMBF does not accept any responsibility or liability for any errors, omissions or inaccuracies. Questions relating to these Terms & Conditions should be e-mailed to: firstname.lastname@example.org
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 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 as members of the audience. The Promoter may use such films and recordings (including any copies) without payment.
HEALTH AND SAFETY:
Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event.
Special effects may include, without limitation, sound, audio visual pyrotechnic effects or lighting effects.
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.
If any dispute arises out of these Terms and Conditions, the Promoter will attempt to settle it. To this end the Promoter shall use their 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 the ticket holders rights to pursue court proceedings, if the Promoter is unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation. To, initiate mediation a party must give written notice to the other parties to the dispute requesting mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure 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.
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 provisions from continuing to apply.
Any person, other than the Ticket Agent, 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.
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 equipments, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulation 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.
AMENDMENTS AND VARIATIONS:
The Promoter will rely on the written terms set out herein as well as the written terms and conditions of the Venue and the Ticket Agent. 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. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless all parties agree and it is preferable in writing.
NO PARTNERSHIP OR AGENCY
Nothing in these Terms and Conditions and no action taken 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 the Promoter, the ticket agent and/or the ticket holder beyond the relationship created under these Terms and Conditions.
These Terms and Conditions, and the terms and conditions of the Venue the ticket agent and the Promoter together with 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.
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. Nothing in this clause shall operate to limit or exclude any liability for fraud.
Statutory rights are not affected.
These Terms and Conditions shall be governed by and construed in all respects in accordance with Isle of Man Law and the parties agree to submit to the exclusive jurisdiction of the Isle of Man courts.