Ticket Terms & Conditions
“Agent” means the authorised agent from whom you purchased a Ticket.
“Event” means an event to be held at the Venue.
“Musicality” means Musicality, its representatives, servants, employees and sub-contractors and “Our” shall be read accordingly.
“Promoter” means the person or company staging the Event if different from Musicality.
"Terms and Conditions" means these terms and conditions.
“Venue” means the venue as stated on the Ticket.
"Ticket" means any ticket for an Event.
“You” means you or anybody who in Musicality’s reasonable opinion is acting with your authority or permission and "Your" shall be read accordingly.
1. The Terms and Conditions incorporate, and should be read in accordance with, any Promoter, Agent and/or Venue terms, conditions and regulations, copies of which are available upon request from the Promoter, Agent and/or Venue. The Terms and Conditions and any Promoter, Agent and/or Venue terms, conditions and regulations are collectively referred to as, “Conditions”. In the event of any inconsistency between the Terms and Conditions, and any other Conditions, the Terms and Conditions shall prevail.
2. All Tickets are sold subject to the Conditions. Please read the Conditions carefully before purchase, and raise any queries with Musicality, the Promoter, Agent or Venue (as relevant) before purchase. Your purchase of a Ticket constitutes your acceptance of the Conditions.
3. It is your responsibility to check Your Tickets as if you have made a mistake, it cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact Musicality immediately if there is a mistake.
4. If You have any special access requirements or concerns about any special effects (for example lighting, sound, audiovisual or pyrotechnic effects) which may be featured at the Event, please discuss any such issues before purchasing the Tickets with Musicality by contacting firstname.lastname@example.org. Musicality will use its reasonable efforts to assist with any such special access requirements or concerns.
5. You must produce a valid Ticket to gain access to an Event and You must keep possession of such Ticket at all times during the Event. Your Ticket may be invalidated if any part of it is removed, altered or defaced. Musicality will not be responsible for any Ticket that is lost, stolen or destroyed.
6. Musicality may issue duplicate Tickets in its sole discretion. If Musicality issues a duplicate Ticket, it may charge a reasonable administration fee.
7. Please see the Event website for terms relating to Tickets for children. Children aged 15 or under will not be allowed entry to an Event unless they are supervised (for the duration of the Event) by an adult. One adult is entitled to supervise up to five children. Musicality will require supervisors to remove children if, in Musicality’s sole opinion, the children are causing a disturbance to other Ticket holders. Subject to it being stated otherwise in the Conditions or on the Event website, it is the responsibility of the supervisors of a child to determine whether an Event is suitable for that child to attend, and none of Musicality, the Promoter, Agent or Venue accepts any liability or responsibility in relation to the same.
8. For seated Events, You only have the right to a seat at the Event of a value corresponding to that stated on the Ticket, and the Promoter and Musicality acting reasonably, reserve the right to provide alternative seats at the Event to those specified on the Ticket. Where only seats of a lesser value are available, You will be offered the choice of accepting either (a) the lesser value seats available, or (b) a refund of the face value of Your Ticket.
9. Tickets are sold subject to the Promoter’s and Musicality’s right to alter the ticket price and advertised Event as reasonably necessary. Musicality’s total liability in relation to a cancelled Event is set out below in Conditions 14 and 16.
10. Tickets cannot be exchanged or refunded unless the entire performance is cancelled or rescheduled.
11. It is Your responsibility to ascertain whether an 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, Musicality will use its reasonable endeavours to notify You using the details You provided at the time of ordering. Musicality does not guarantee that You will be informed of such cancellation before the date of the Event. It is also Your responsibility to inform the point of sale from where you bought the Ticket of any change to the contact address, telephone number or email address You provided at the time of purchase.
12. Where an Event is cancelled, rescheduled and you cannot or do not wish to attend the reschedule event, You will be entitled to a refund in accordance with Condition 14. Liability for the cancellation or rescheduling of an Event, will be limited to a refund as set forth in Condition 14.
13. “Force Majeure” means any cause beyond Musicality’s control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. Subject to the provisions of Condition 12, Musicality will not be liable to You for failure to perform any obligation under the Conditions to the extent that the failure is caused by Force Majeure.
14. The total refund for a Ticket shall be the face value of the Ticket purchased. Personal arrangements including travel, subsistence, hospitality or accommodation relating to the Event which have been arranged by You are at Your own risk. Neither Musicality nor the Promoter shall be liable for any loss of enjoyment or wasted expenditure in addition to refunding the face value of the Ticket.
15. In order to claim Your refund, please take your unused Ticket to the point of purchase within 3 months after the original proposed date of the Event for a cancelled or rescheduled Event. Refunds will only be made to the person who purchased the Tickets.
16. Musicality will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused: (a) in any circumstances where there is no breach of a legal duty of care owed by Musicality, (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury as a result of a breach of a legal duty of care owed by Musicality); or (c) to the extent that any loss or damage results from breach by You of any of the Conditions.
17. Nothing in the Conditions seeks to exclude or limit any liability of Musicality for death or personal injury caused by its negligence, fraud or any other type of liability which cannot by law be excluded or limited.
18. You may not re-sell or transfer a Ticket if prohibited by law. In addition, re-sales or transfers of Tickets may be prohibited for certain Events, pursuant to the specific terms and conditions of those Events (for example, but not limited to (a) charity Events, (b) Events where age restrictions apply because of the content of the Event or licensing requirements, or (c) balloted Events). Where a Ticket is offered for re-sale in accordance with the Conditions, You must provide the buyer with full details of the Ticket. Full details include (if printed on the Ticket) the relevant block or tier, and row and seat number. The buyer of a Ticket must be made aware of the Conditions and any other terms and conditions that are specific to the Event. You should check whether any special terms or conditions apply before offering a Ticket for resale. Free tickets are often provided for specific reasons limiting their transferability.
19. You may not combine a ticket with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a ticket package (“Ticket Package”) and sell or otherwise transfer (or facilitate the sale or transfer of) such Ticket Package for profit or commercial gain, offer such Ticket Package as an incentive or prize in a promotion or competition, or otherwise dispose of such Ticket Package in the course of a business.
20. Tickets are personal revocable licences and shall at all times remain the property of Musicality. Any Ticket obtained in breach of the Conditions will be void. Any person seeking to use a void Ticket may be refused entry to, or ejected from, the Venue without refund, and may be subject to legal action. Void Tickets are non-refundable.
21. Tickets may be restricted to a maximum number per person. Musicality, the Promoter or the Agent (as applicable) will notify You of any such restriction at the time of purchase Musicality reserves the right, without prior notice, to cancel Tickets purchased in excess of this number, unless the purchase of an excess was due to Musicality’s error.
22. Musicality reserves the right to refuse You entry to and/or eject You from the Event and/or Venue (and may take appropriate action to enforce this right) in reasonable circumstances including without limitation (a) for health and safety or licensing reasons, (b) if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event, (c) if You use or display threatening, abusive or insulting words or mannerisms or behave in a manner which may provoke a breach of the peace, (d) if, in Musicality’s reasonable opinion, You appear to be acting under the influence of alcohol or drugs, (d) if You fail, when required, to produce proof of identity or age, (e) if You refuse to comply with Musicality’s security searches, (f) if You breach these Terms, or (g) if Your Ticket is void. No refunds will be given to You if You are refused entry or ejected due to Your own behaviour.
23. Musicality reserves the right to conduct security searches and confiscate any item which in the opinion of Musicality may cause danger or disruption to other persons at the Event or is one of the items not permitted in the Venue as listed in the Conditions (including those items listed in this Condition 22). You shall not bring all or any of the following into the Venue: (a) smoking materials, (b) laser pens, (c) animals (except guide dogs), (d) Your own food and drink (unless permitted by the Venue), (e) bottles, cans or glass containers (unless permitted by the Venue), (f) any item which may be interpreted as a weapon (including sharp or pointed objects such as knives), or (g) illegal substances. Notwithstanding anything else in the Conditions, neither the Promoter nor Musicality shall be liable for any loss, theft or damage to confiscated items.
24. You must comply with any and all instructions given to You by Musicality and/or all Venue stewards and staff. Musicality reserves the right to restrict access to parts of the Venue.
25. If before or during the Event You have a complaint in relation to the Event (including without limitation, in relation to Your ability to view the Event), please speak to Musicality or a steward promptly. Musicality will use its reasonable endeavours to rectify the situation which is the cause of your complaint, however under no circumstances shall Musicality be under any obligation to rectify the situation.
26. Warning – Prolonged exposure to loud noise may cause damage to Your hearing.
27. The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material within the Venue is strictly forbidden. You shall not bring any such equipment to the Venue or to the Event. Any recording or transmitting equipment (including professional cameras), unauthorised recordings, tapes, films or similar items may be confiscated and/or destroyed by Musicality. Any recording made of an Event or part thereof in breach of the Conditions shall belong to the Promoter and You agree to assign any and all rights in any such recordings to the Promoter. Notwithstanding anything else in the Conditions, neither the Promoter nor Musicality shall be liable for any loss, theft or damage to confiscated items.
28. You give Your express consent to Your actual or simulated likeness to be included for no fee within any film, photograph, audio and/or audiovisual recording to be exploited in any and all media for any purpose at any time throughout the world. This includes filming by the police or security staff which may be carried out for the security of customers or the prevention of crime.
29. Smoking within the Venue is strictly prohibited. Musicality reserves the right, without refund, to eject any person found smoking in the Venue.
30. You may only leave and then re-enter the Venue during an Event at the discretion of the Venue. Otherwise there shall be no re-admissions or pass-outs of any kind. Depending on the type of Event, every effort to admit latecomers will be made at a suitable break in the Event, but admission for latecomers cannot always be guaranteed.
31. Musicality reserves the right to allow audience members to stand in seated areas of the Venue.
32. You shall not bring into the Venue or display or distribute at the Event any sponsorship, promotional or marketing materials.
33. You must not leave any bags or other items of personal property unattended in the Venue. Any personal possessions or other items (including without limitation clothing, wallets and mobile telephones), which are found in the Venue, shall be retained by the Venue for a period of 30 days following their discovery. During this period You may collect any item which belongs to You from the Venue upon reasonable proof of identification and ownership. If, upon the expiry of 30 days from the date of its discovery, any item has not been collected by You, Musicality reserves the right to dispose of any such items as it sees fit without any further liability to You (notwithstanding anything else in the Conditions). Where possible, any uncollected items will be donated to charity.
34. Except to the extent that Musicality is required or permitted by law to do otherwise, personal information provided by You to Musicality will only be used in accordance with the Data Protection Act 1998 and any consents given by You in relation to Your personal information.
35. Musicality shall be entitled to assign all and any of its rights and obligations under the Terms and Conditions without notice to You, provided that You are not adversely affected by the same.
36. If it is found by a court that any of the Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
37. Any delay of Musicality in enforcing any of the Conditions shall not constitute a waiver of Musicality’s rights to do so.
38. Any person, other than the Promoter or the Agent or Venue, who is not a party to the Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms and Conditions.
39. Nothing in the Conditions and no action taken by You or Musicality under the 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 Musicality beyond the relationship created under the Conditions.
40. The Conditions constitute the entire agreement between You and Musicality in relation to the Tickets, the Event and the Venue, and supersede any previous terms and conditions, agreement or arrangement between You and Musicality relating to the same. The Conditions cannot be varied or amended in any respect (unless agreed between You and Musicality in writing).
41. You and Musicality both agree that it has not entered into the Conditions in reliance of, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity by any person other than as expressly set out in the Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.
42. The Conditions do not and shall not affect Your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice, Consumer Direct or the Department for Business Innovation and Skills.
43. If any dispute arises out of the Conditions, Musicality will attempt to settle it. To this end Musicality shall use its 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 Musicality is unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation. To initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation email: email@example.com
44. The Conditions shall be governed by the laws of England and Wales and parties agree to submit to the exclusive jurisdiction of the English courts.