1.DEFINITIONS AND INTERPRETATION
“Event” means an entertainment event including, without limitation, a concert, exhibition, sports, theatrical and/or music event to be held at a Venue in respect of which We have the right to sell You Tickets.
“Tickets” means tickets or other types of evidence (including electronic tickets and wristbands) for an Event sold by Us to You on behalf of the organisation responsible for the Event for the right to occupy space at or to attend an Event.
“Venue” means any facilities or locations of any nature where the Event is being held.
“We” means [Ibiza Soca Festival]. “Us” and “Our” shall be read accordingly.
“You” means you or anybody who in Our reasonable opinion is acting with your authority or permission. “Your” shall be read accordingly.
“Promoter” means the person firm or company staging the Event if different from Us and the Venue.
“Group” means group organisers, charities, travel and coach companies or other organisations that We have agreed to sell to knowing that the Tickets are intended for resale.
2.INCORPORATION
These Terms and Conditions incorporate and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations, In the event of any inconsistency between the terms in relation to Venue or Event requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail.
3.TICKETS
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
We confirm that we are authorized to sell Tickets.
A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
It is your responsibility to check your Tickets as if you have made a mistake they cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake.
We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets, for example but not limited to non-seated events where there is a possibility of both the original and duplicate tickets being used, compromising the licensed capacity of the venue. Duplicates may therefore be issued at the discretion of the Promoter or the Venue acting reasonably. In the event of duplicates 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.
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.
4.PRICE AND PAYMENT
The price of the Ticket shall be the price set at the time we accept your order. All prices set are inclusive of any applicable taxes but exclusive of any booking fee and collection or delivery fee. No order will be accepted until we have received full payment. Booking Fees are non refundable under any circumstances, including those covered by section 7. Tickets that are paid for via deposit and instalment will only be considered valid once the value of the ticket has been paid for in full. Failure to make instalment payments will result in the loss of the ticket.
5.DELIVERY
Tickets will be delivered by email at time of purchase via e-ticket these e-tickets will be exchanged on site for event wristbands (please not valid ID will be required)
6.CHANGES TO EVENT
Where reasonably necessary, the organizer of the Event and/or the Venue reserves the right to make alterations to the published Event programme.
Artists/Dj’s and billed attractions may be subject to change
7.REFUNDS/EXCHANGES
Tickets cannot be exchanged or refunded after purchase unless the performance is cancelled or rescheduled by more then 18 months from the original date (subject to below) or where there is a material change to the programme of Event with the exclusion of force majeure. Where an Event is cancelled or rescheduled (subject to below) by the Venue or Promoter, where an Event is cancelled by more then 18 months , 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. Refunds outside of this will be solely at our discretion and on a case by case basis.
A ‘material’ change is a change which, in Our reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, A material change is judged by reference to the nature and billing of the event which is a music festival. This event is judged by reference to the overall theme rather than any individual act scheduled to appear. WE have multiple artists. Dj’s and themes, the event name does not include reference to any specific act or theme. In this case, no scheduled acts may be considered as headline acts, regardless of their relative fame or prominence in the billing could reasonably expect. or Promoter’s rules.
Refunds will only apply to tickets that have been paid for in its entirety. DEPOSITS are non refundable under any circumstances.
Where such a refund is sought You must bring this to Our attention as soon as possible upon becoming aware of such change and, where the Event has been rescheduled, prior to the rescheduled Event and within 14 days from the announcement of any changes. It is your responsibility to ascertain any re scheduling of events we will use our social media or your contact details to notify you of such changes. The refund for Tickets equals the face value of the Tickets purchased Excluding any booking fees. In order to claim Your refund, please apply in writing to Your point of purchase, enclosing Your complete unused Tickets, if received, promptly .
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 .
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, Consumer Direct (http://www.consumerdirect.gov.uk/) or the Department for Business Enterprise & Regulatory Reform
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 rescheduling of an Event, or for material changes to an Event, will be limited to the refund as set forth in Section 7.
Neither We nor the Venue nor the Promoter will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Our negligence or other breach of statutory duty.
9.CANCELLED/RE-SCHEDULED EVENTS
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, 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.
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.
10.RESALE/USE OF TICKETS AND PROPERTY
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 subject to the specific terms and conditions of those events (for example but not exclusively limited to events where age restrictions may apply because of content of the entertainment or licensing requirements). You may not re-sell or transfer a Ticket if you are selling or transferring the Ticket in the course of business. You are deemed to be selling or transferring in the course of business where we reasonably believe you to be doing so.
Circumstances where We may consider that a Ticket is being resold in the course of business include:
Where a Ticket is sold or advertised for sale for profit (as defined below) through any medium not authorised by Us, including through unauthorised online auction or other websites. Such a sale will be assessed in the light of the factors set out at 2 & 3 below.
Where a single Ticket reseller frequently advertises or offers tickets for resale for the same event or multiple events.
Where we reasonably consider that a Ticket offered for resale has originally been purchased with the specific intention of offering it for resale for profit and with no intention for the original purchaser or a friend or associate of the purchaser to make use of the Ticket by attending the event.
Re-selling a Ticket for profit means any re-sale that seeks a price that is higher than the face value of the ticket and the relevant booking fee and/or handling fee (if any) that You paid for the Ticket.
11.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 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 Tickets are non-refundable.
12.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 the Agent’s agreement, without prior notice unless the purchase of an excess was due to Our error.
13.CONDITIONS OF ADMISSION
The management of the Venue reserves 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.
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 behavior 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 acting under the influence of alcohol or drugs; or
fails, when required, to produce proof of identity or age.
You must comply with instructions and directions given by Venue staff and stewards.
No refunds will be given to Ticket holders who are refused entry or ejected due to their own behavior as suggested in, but not limited to, the examples above.
14.RESTRICTIONS AND PROHIBITIONS
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. Unauthorized 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 and 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 as members of the audience. The Promoter 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 material’s.
Alcohol may only be consumed in public bars and other authorized areas. Smoking is not permitted unless within a designated smoking Area (if any).
The following are not permitted within any Venue:
animals (with the exception of guide dogs);
laser pens
Your own food and drink (unless permitted by the Venue);
bottles, cans or glass containers (unless permitted by the Venue);
any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and
illegal substances.
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.
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 re-admission or pass-outs of any kind.
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.
15.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 or lighting effects.
16.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 endeavors 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 it by mediation. To, initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation.
17.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.
18.ASSIGNMENT
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.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 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, the Venue, the Promoter and You (or your assignees permitted hereby) have rights and obligations under this contract.
21.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, pandemic, 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 supersedes the terms of Clause 7.
22.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 and the Promoter. 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 both You and We agree and it is preferable that this is in writing).
23.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.
24.ENTIRE AGREEMENT
These Terms and Conditions, and the terms and conditions of the Venue and the Promoter 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 set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.
25.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 courts.
Basic Terms:
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- You may not post nude, partially nude, or sexually suggestive photos.
- You are responsible for any activity that occurs under your screen name.
- You are responsible for keeping your password secure.
- You must not abuse, harass, threaten, impersonate or intimidate other ISF users.
- You may not use the ISF service for any illegal or unauthorised purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
- You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the ISF service.
- You must not modify, adapt or hack ISF or modify another website so as to falsely imply that it is associated with ISF
- You must not access ISF private API by any other means other than the ISF application itself.
- You must not crawl, scrape, or otherwise cache any content from ISF including but not limited to user profiles and photos.
- You must not create or submit unwanted email or comments to any ISF members (“Spam”).
- You must not use web URLs in your name without prior written consent from ISF, inc.
- You must not transmit any worms or viruses or any code of a destructive nature.
- You must not, in the use of ISF, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Violation of any of these agreements will result in the termination of your ISF account. While ISF prohibits such conduct and content on its site, you understand and agree that ISF cannot be responsible for the Content posted on its App and you nonetheless may be exposed to such materials and that you use the ISF service at your own risk.