Terms & Conditions for the Sale of Dream Ball Ticket(s)
DEFINITIONS AND INTERPRETATION
‘The Dream Ball’ (and ‘We’, ‘Our’, ‘Ours’ and ‘Us’) refers to The Dream Ball, a voluntary unincorporated association based in England whose office is at 71-75, Shelton Street, Covent Garden, London WC2H 9JQ who is the Trader for the purposes of The Consumer Rights Act 2015.
‘Event’ means the Ball charity fundraising event including, without limitation, a reception, dinner, auction, live music and/or entertainment event to be held at the Venue in respect of which We have the right to sell You Tickets.
‘Tickets’ means printed, electronic or other type of evidence of the right to occupy space at or to attend an Event sold by Us to You
‘Venue’ means any facilities or locations of any nature where the Event is being held.
‘Working Day’ means Monday to Friday, excluding any Public or Bank Holidays.
‘You’ means you or anybody who in Our reasonable opinion is acting with your authority or permission. ‘Your’ shall be read accordingly.
- CONTRACT AND INCORPORATION OF TERMS
- PRICE AND PAYMENT
- CHANGES TO EVENT
- CANCELLED/RE-SCHEDULED EVENTS
- AFTER SALES CARE & COMPLAINTS
- RESALE OF TICKETS
- VOID TICKETS
- CONDITIONS OF ADMISSION AND ATTENDANCE
- RESTRICTIONS AND PROHIBITIONS
- HEALTH AND SAFETY
- DISPUTE RESOLUTION
- EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
- AMENDMENTS AND VARIATIONS
- NO PARTNERSHIP OR AGENCY
- ENTIRE AGREEMENT
- GOVERNING LAW AND JURISDICTION
1.1 Your contract for the purchase of Ticket(s) is formed as soon as We have processed Your payment and will expire immediately after the end of the Event for which You purchased Ticket(s). However, any purchases are subject to payment card verification and other security checks and Your transaction may be cancelled if it has not passed Our verification processes.
1.2 Your purchase of Ticket(s) is subject to these Terms and Conditions
2.1 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 Ticket(s) constitutes agreement of these Terms and Conditions. A valid Ticket must be produced to get into an Event. Please notify Us of any access requirements at the time of booking. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
2.2 It is Your responsibility to check Your Ticket(s) as mistakes cannot always be rectified after purchase. Please check your Ticket(s) on receipt carefully and contact us immediately if there is a mistake.
2.7 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.
2.8 Any Ticket cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by The Dream Ball, provided that even if such consent is obtained, use of Our trade marks and other intellectual property is subject to Our prior consent.
2.9 You agree not to obtain or attempt to obtain any Ticket(s) through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity. We reserve the right to cancel any Ticket transaction which We reasonably suspect to have been made in breach of these provisions without any notice to You and any and all Ticket(s) purchased as part of such transaction will be void.
3.1 The price of the Ticket shall be the price set at the time We accept Your order. All advertised prices are inclusive of any applicable taxes and per Ticket booking fee (where applicable).
3.3 No order will be accepted until We have received full payment in cleared funds. We reserve the right to cancel any booking which We reasonably suspect to have been made fraudulently.
4.1 Ticket(s) will only be delivered to the billing address of the debit/credit card holder unless We specifically offer You the facility for Ticket(s) to be sent to an alternative address.
4.2 Ticket(s) will arrive no later than 5 Working Days before the date of the event. If we are unable to get a physical ticket to you, your name(s) will be added to the guest list and identification will be required on the evening to gain admittance.
4.3 If Ticket(s) dispatched by Royal Mail ordinary post, special delivery or signed for post are returned to Us as ‘addressee unknown’ We reserve the right to cancel Your booking and make a refund of the Ticket price only.
4.4 We reserve the right to make Ticket(s) available for collection at the Venue. You will be notified at point of sale, by telephone, by email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary.
4.5 Where there is not enough time to deliver Ticket(s) by post, We will inform You about the arrangements for collection of Your ticket(s).
4.6 If You are collecting Your Ticket(s) from the Venue, You must have an acknowledgement of order sent by Us to You, and the credit/debit card used by You to purchase Ticket(s). You may also be required to present Your photo ID.
5.1 The Event planners reserves the right to make alterations to the published Event programme where reasonably necessary. Where such alteration is a material change (as described in clause 7), You will be entitled to claim a refund in accordance with clause 7.
6.1 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 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.
6.2 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.
7.1 If you are unable to attend the Event through no fault of Ours, we are unable to issue a refund.
7.2 Except where We offer an applicable Ticket exchange or resale facility, Ticket(s) cannot be exchanged, cancelled or refunded after purchase unless the Ball is cancelled or rescheduled (subject to clause 6) or where there is a material change to the programme of Event.
7.3 Where an Event is cancelled or rescheduled (subject to clause 6 and this clause) by the Venue or Event Planners, where an Event is cancelled or rescheduled due to circumstances beyond Our control, or where there is a material change to the programme of the Event, You will be entitled to claim a refund from Us in accordance with this clause.
7.4 A ‘material’ change to the programme of the Event is a change which, in Our reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. The change of any advertised music or entertainment acts shall not be a material change.
7.6 Where such a refund is sought due to cancellation, rescheduling or a material change to the programme of the Event, You must bring this to Our attention as soon as possible upon becoming aware of such material change, cancellation or where the Event has been rescheduled, prior to the rescheduled Event. The refund for Ticket(s) equals the price paid by You to Us for such Ticket, including any applicable per Ticket booking fee.
7.7 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 or bank transfer.
7.8 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, or the Department for Business Innovation and Skills
8.1 Personal arrangements including travel or accommodation relating to the Event which have been arranged by You are at your own risk. Unless otherwise stated in this clause, Our liability to You in connection with the Event (including, but not limited to, in the event of cancellation, rescheduling or material change to the programme of the Event) shall be limited to the Ticket price paid by You including the per Ticket booking fee but excluding any per transaction credit card fee.
8.2 Neither We nor the Venue nor the Event Partner(s) will be responsible for any loss, injury or damage to any person (including You) or property howsoever caused (including by Us and/or by Event Partner(s)): (a) in any circumstances where there is no breach of a legal duty of care owed by Us (b)in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury resulting from Our negligence); or (c) to the extent that any increase in any loss or damage results from breach by You of any of theses Terms and Conditions and/or any terms and conditions of the Event Planners.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, fraud or other type of liability which cannot by law be excluded or limited.
9.1 Should You have any queries or complaints relating to Your Ticket purchase please contact Our ticketing team on email@example.com We will endeavor to acknowledge all correspondence within 24 hours.
10.1 You may not resell or transfer a Ticket without Our written permission. Any resale or transfer (or attempted resale or transfer) of a Ticket in breach of this condition is grounds for seizure or cancellation of that Ticket.
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. Void Ticket(s) are non-refundable.
12.1 Ticket(s) may be restricted to a maximum number or sold subject to certain restrictions or enhancements on entry or use, such as time of entry or VIP access. Any such restriction or enhancement shall be displayed on Our website or otherwise notified to You before or at the time You book the Ticket(s). It is Your responsibility to ensure that You read all notifications displayed on Our website. We reserve the right to cancel Ticket(s) purchased in excess of the maximum number, without prior notice unless the purchase of Ticket(s) in excess was due to Our error, in which case We will notify You prior to cancelling Your Ticket(s).
13.1 The management of the Venue reserves the right to refuse Ticket holder’s 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:
- 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
- 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
- in the reasonable opinion of the Venue is under the influence of drugs or has consumed an excessive amount of alcohol; or
- fails, when required, to produce proof of identity or age; or
- obstructs gangways, access-ways, exits, entrances or staircases, congregates in non-designated areas or seeks entry to stands or seats for which he/she does not hold a Ticket.
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.
13.5 No Children under 5 will be admitted to the Venue except where specifically stated at the time of booking. Children (ages 18 months to 15 years inclusive) shall require their own ticket which shall be at full ticket price if no child concessions are available at the time of booking. Babes in arms (children under 18 months) shall be admitted free of charge Children must be supervised at all times and supervision of children shall be by not less than 1 adult per 10 children. The Dream Ball Management reserves the right to ask parents / supervisors to remove children if, in the opinion of the Dream Ball, they are causing a disturbance.
14.1 By attending an Event, Ticket holders consent to filming and sound recording of themselves as guests of the Dream Ball.
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 Mobile telephones and messaging equipment must be switched off during live performances and speeches the Event.
14.5 Smoking is not permitted unless within a designated smoking Area (if any).
14.6 The following are not permitted within the Venue:
- animals (with the exception of assistance dogs);
- laser pens, fireworks, flares, smoke bombs
- Your own food and drink
- any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and
- illegal substances.
14.7 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.
14.8 Every effort shall be made to admit latecomers to the Event at a suitable break in the Event.
14.9 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.
15.1 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, or lighting effects.
16.1 Any complaints from a Tickets holder should be made promptly to the Ball Management team either before or during the Event.
16.2 If any dispute arises out of these Terms and Conditions, We will attempt to settle it. We will acknowledge all correspondence within 24 hours and 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 within 5 working days.
17.1 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.
18.1 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.
19.1 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.
20.1 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 8.
21.1 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. You should read the terms and conditions carefully before entering into the contract to ensure that they contain very thing that You consider has been agreed. If they do not then you should speak to any member of The Dream Ball Organising Committee. 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).
22.1 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.
23.1 These Terms and Conditions, and the terms and conditions of the Venue 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. 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 communicated by Us to You before You have completed Your purchase or set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.
24.1 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 courts.