Last update: March 2013
|"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) 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 Eventim. "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.|
These Terms and Conditions incorporate and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations, copies of which are available upon request from the Venue. In the event of any inconsistency between the terms in relation to Venue or Promoter requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail.
3. Eventim acting as agent
Eventim is a ticket agent that sells Tickets for Events allocated to it by an Event Venue or Promoter. Eventim is not responsible for the organisation or staging of the Event and has no control over, or liability for, cancellation or rescheduling of or for material changes to any Event.
Eventim is a member of The Society of Ticket Agents and Retailers and further information can also be found on their website (www.star.org.uk).
All Tickets are offered subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to confirming Your order and any queries relating to them should be raised with us prior to purchase, as confirming Your order constitutes acceptance of these Terms and Conditions.
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 to ensure they are correct since if a mistake has been made by us or you have made a mistake it cannot always be rectified and We accept no liability or responsibility for any failure to so rectify and nor will we accept any liability to reimburse you for any amount paid by you. Accordingly, please check your Tickets carefully on receipt and contact us immediately if there is a mistake.
If we discover an error in the price of tickets you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your order and receiving a full refund from us. If We are unable to contact You, You agree that We may treat the order as cancelled.
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 for 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. If duplicates are being issued, a reasonable administration charge may be levied.
We and the Promoter reserve the right to provide alternative seats at an Event to those specified on the Ticket if the staging of the Event reasonably requires, provided they are of no less value to that stated on the Ticket.
Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required in which event you will be obliged to provide at any such time proof of your entitlement to the concession.
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.
5. 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, collection, delivery fee, facility or other fee.
We will acknowledge Your order once We have received full payment.
Payments using MasterCard and Visa will be processed by CTS EVENTIM Nederland B.V., Postbus 69507, 1060 CN Amsterdam, Netherlands, a sister company of Eventim UK Ltd. Payments using American Express cards will be processed by our parent company CTS Eventim AG.
Eventim aims to dispatch purchased tickets as soon as possible. If Your Tickets are not being held at the Venue box office, and You have not received Your Tickets from Us seventy two (72) hours prior to the Event please contact Us immediately including your reference number and the name and postcode of the ticket purchaser.
Tickets will only be delivered to the billing address of the debit/credit card holder unless We specifically offer You the facility for Tickets to be sent to an alternative address.
If Tickets dispatched by Royal Mail ordinary post, special delivery or registered 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.
We reserve the right to make Tickets available for collection at the Venue box office. You will be notified by telephone, email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary. Where there is not enough time to deliver Tickets, You will be told at the point of purchase the arrangements for collection of Your tickets.
If You are collecting Your Tickets from the Venue box office, You must have Your acknowledgement of order and the credit/debit card used to make the order with You otherwise you will not be entitled to collect Your Tickets.
You will be able to collect Your Tickets one hour prior to the start of the Event unless otherwise indicated within the Venue terms and conditions.
7. Changes to Event
The organiser of the Event and/or the Venue reserves the right to make alterations to the published Event programme where reasonably necessary.
Except where We offer, at our absolute discretion, an applicable Ticket exchange or resale or refund facility, once you have purchased a ticket from Us you will not be entitled to exchange or to obtain a refund for that Ticket other than as described in this section.
If an Event is cancelled, or rescheduled (subject to the below) or where there is a material change to the programme of an Event you may be entitled to a refund from the Venue or the Promoter. However, as a ticket agent Eventim has no control over the cancellation, rescheduling or making of material changes to any Event and so we will not be liable to refund you the price that you have paid for your Ticket if you are unable to obtain a refund from the Venue or Promoter.
A “material change” is a change which makes the Event materially different to the Event that the purchasers of a Ticket, taken generally, could reasonably expect. For the avoidance of doubt, but without limitation, the use of understudies in a theatre performance shall not be a material change.
If an Event is cancelled or rescheduled (including where an event is cancelled or rescheduled as a result of bad weather or other event outside of the control of the Venue or Promoter) or if there is a material change to an Event, we may be authorised by the event organiser or event promoter to issue refunds in which case we will use our reasonable endeavours to refund you the face value of the ticket (excluding any booking fee, service charges, facility fee or any other fee) as soon as reasonably practicable. If we are not authorised or otherwise unable to issue refunds directly, we will be able to provide you with information as to whom you should contact to seek a refund, but we are not liable to you for such refund if you are unable to obtain a refund from the applicable Venue or Promoter.
If you wish to claim a refund in any of the circumstances described above, You should notify Us as soon as possible and no later than 28 days after the applicable cancellation, rescheduling or material change. You must return any unused Ticket(s) to us before we are able to process any refund. If we are able to provide You with a refund, as described above, We will refund You the face value price of the Ticket (excluding any booking fees or service charges). Refunds will only be made to the person who originally purchased the Ticket(s) and, wherever possible, will be made using the same method as was used to purchase the Ticket(s) except, at our discretion, where payment was made by cash.
[Nothing in this clause is intended to exclude or limit our liability to you where we fail to fulfil our obligations to you under this contract.]
These Terms & Conditions do not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice (www.adviceguide.org.uk), Which? (www.which.co.uk), or the Department for Business Innovation and Skills. Eventim is a member of The Society of Ticket Agents and Retailers and further information can also be found on their website (www.star.org.uk).
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 proven negligence or that of the Venue or the Promoter or other breach of statutory duty.
10. Cancelled/re-scheduled Events
Where we become aware that 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, but We may not always be able to do this and it is Your responsibility to check if an Event has been cancelled or re-scheduled and to check the date and time of any re-scheduled 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.
For football matches, or any other sporting fixtures or events no guarantees can be given that the Event will take place at a particular time or on a particular date. We, the Venue and the Promoter reserve the right to reschedule any such Event-without notice and without any liability whatsoever. The details given on football tickets or on the tickets of any other sporting fixtures or events are indicative only and it is Your responsibility to check the final arrangements for any matches or other sporting fixtures or events for which you have tickets including the date and Kick-off or start times of any such Event.
11. Use of details and Data Protection
12. 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 charity events or events where age restrictions may apply because of content of the entertainment or licensing requirements).
Where a Ticket is offered for resale in line with these terms and conditions, you must provide to the buyer full details of the ticket. Full details include, if printed on the ticket, the block or tier, row and seat number. You must also make your buyers aware of these terms and conditions and any other terms and conditions that are specific to the event. You should check whether any special terms apply before offering a free Ticket for resale. Free tickets are often provided for specific reasons limiting their transferability.
13. 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.
14 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.
15. Conditions of Admission
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.
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:
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 behaviour as suggested in, but not limited to, the examples above.
16. 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. 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 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.
Mobile telephones and messaging equipment must be switched off during the Event.
Alcohol may only be consumed in public bars and other authorised areas.
Smoking is not permitted unless within a designated smoking Area (if any).
The following are not permitted within any Venue:
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, annoyance, aggravation 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.
17. 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.
18. 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 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 we are 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.
STAR can be contacted at: PO Box 708, St Leonard’s Place, YORK, YO1 0GT Telephone: 0844 879 4272 email: email@example.com
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.
22. 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 buyers as permitted under Clause 11) have rights and obligations under this contract.
23. 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, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, actions taken by the police, 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 7.
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 Our staff and obtain Our confirmation in writing as to any terms or conditions which you consider have been agreed.
24. 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 contractual relationship established under these Terms and Conditions.
25. 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 You and Us in connection to its subject matter and supersede any previous terms and conditions, agreement or arrangement between You and Us.
Each of us agree that we have 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.
26. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and both You and Us agree to submit to the exclusive jurisdiction of the English courts.
Last update: 10 March 2014