“Event” means Eclectricity Events and Electric City, which take place in various Venues in Birmingham.
“Promoter” Electricity Events, its subsidiaries, holding companies, any subsidiaries of its holding company and its respective agents, contractors, sub-contractors, representatives, servants and employees.
“Terms and Conditions” means these terms and conditions.
“Venue” means the venues within Birmingham as advertised for each specific Event from time in which the Event takes place or such other venues in which the Event may take place from time to time.
“Ticket” means any valid ticket or eticket which permits You to attend the Event or any valid wristband for which you have exchanged your valid ticket or eticket at the Event.
“You” means you as the holder of the Ticket and “Your” shall be read accordingly.
1. All Tickets are sold subject to these Terms and Conditions. Please read these Terms and Conditions carefully prior to purchase and raise any queries with the Promoter prior to purchase. Purchase of any Ticket constitutes acceptance of these Terms and Conditions.
2. Only customers holding a valid Ticket will be admitted to the Event. You must retain this Ticket on Your person at all times during the Event.
3. Your Ticket may be invalidated if any part of it is removed, altered or defaced.
4. Upon purchase, please check Tickets carefully as mistakes cannot always be rectified after purchase. Tickets are not issued on a sale or return basis and refunds will not be made on returned Tickets unless provided for under these Terms and Conditions.
5. The Promoter will not be responsible for any Ticket that is lost, stolen or destroyed. You are solely responsible for the safe keeping of Your ticket. It is not always possible to issue duplicate Tickets. If duplicates are issued, a reasonable administration fee may be charged.
6. 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.
7. Tickets are sold subject to the Promoter’s right to alter or vary the published Event programme which may result in changes to the performance line up, the Venue, the playing times or any other aspect of the Event. The Prompter reserves all rights in this regard.
8. Tickets cannot be exchanged or refunded unless the Event is cancelled in it’s entirety.
9. If the Event is cancelled You will be entitled to claim a refund from the Promoter in accordance with this clause. The refund for Tickets equals the face value of the Tickets purchased but excludes any booking or transaction fees. Personal arrangements including travel, subsistence and accommodation relating to the Event which have been arranged by You are at Your own risk and the Promoter shall not be liable for any loss of enjoyment or wasted expenditure beyond the Ticket price (excluding any booking or transaction fees).
10. In order to claim Your refund where an Event is cancelled please apply in writing to the point of sale from where you bought the ticket, enclosing Your complete unused Tickets within 2 months from the scheduled date of the Event. The Promoter and/or the point of sale will not make any refund if Tickets and/or the relevant notification are not received by the point of sale within the above timeframes. Refunds will only be made to the person who purchased the Tickets.
11. Tickets are personal revocable licences and shall at all times remain the property of the Promoter and subject to these Terms and Conditions. You may not re-sell or transfer a Ticket. If a Ticket is re-sold, transferred or advertised for profit or commercial gain or used for competitions, promotions or hospitality packages by anyone other than the Promoter, or an authorised sub-agent, it will be void and You will be refused entry to, or ejected from, the Venue without refund.
12. Tickets bought from unauthorised agents are not valid and admission will not be granted to the Event with any Tickets bought from unauthorised agents. A full list of authorized agents is available in the ticketing section of the Event website.
13. Tickets obtained in breach of these Terms and Conditions shall be null and void and the Promoter may refuse admission to or eject You from the Venue. Any person seeking to use a void Ticket in order to gain or provide entry to an Event will be considered to be a trespasser and will be ejected and liable to legal action. Void Tickets are non-refundable.
14. The Promoter reserves the right to refuse You entry to and/or eject You from the Event for any circumstances including without limitation for health and safety or licensing reasons; if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event; if You use threatening, abusive or insulting words or mannerisms; if, in the Promoter’s reasonable opinion, You are acting under the influence of alcohol or drugs; if You fail, when required, to produce proof of identity or age; if You refuse to comply with the Promoter’s security searches; if You breach these Terms; or if Your Ticket is void.
15. Tickets may be restricted to a maximum number per person. Any such restriction will be notified to You at the time of purchase. Tickets purchased in excess of this limit may be cancelled by the Promoter without prior notice, unless Your purchase of an excess was due to Promoter’s error.
16. 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 contact the Promoter or a steward promptly since complaints are very difficult to deal with after the Event.
17. Warning - Prolonged exposure to loud noise may cause damage to Your hearing.
18. By attending the Event, You give Your express consent to Your actual or simulated likeness to be included 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 that may be carried out for the security of customers.
19. Searching is a condition of entry to the Event. The Promoter reserves the right to conduct security searches and confiscate any item which in the opinion of the Promoter 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 these Terms and Conditions. . Anyone found in possession of illegal substances or contraband goods will be refused admission or ejected from the Venue and may also be liable for prosecution. Any items found that may be used in an illegal or offensive manner will be confiscated.
20. The Event will not allow admission to people under 18 years of age. You may be required to provide ID that proves your age and entry may be refused without this.
21. There will be no admission to the Event before the designated opening times.
22. Official merchandise is usually only available inside the Venue. The Promoter does not accept any responsibility for the sale of merchandise (official or otherwise) in or outside the Venue. You should direct any queries relating to merchandise to the Promoter.
23. You may not leave and then re-enter the Venue during the Event.
24. You must comply with any and all instructions given to You by the Promoter and/or all Venue stewards and staff.
25. All guests are asked to observe and comply with safety advice, site signage and ‘No Smoking’ areas. In accordance with Smoke Free Regulations, the tented arenas and other areas of the festival are designated No Smoking areas. Normal rules and regulations apply and should be observed at the Event as they are every other day, failure to do so may result in ejection from the event.
26. Price and availability information is subject to change without notice.
27. Except to the extent that the Promoter is required or permitted by law, personal information provided by You to the Promoter will be used for all purposes reasonably connected with the operations of the Event including (but not limited to): providing You with details of forthcoming connected events, offers and services; providing You with updates as to the latest concessions or any changes thereto and information concerning competitions and other promotional activity; supplying You with the goods that You request; conducting market research and establishing customer profiles; and transferring or disclosing the information provided to the Promoter’s professional advisors and such other parties as it considers necessary in the administration of its business. The Promoter will not use or disclose Your personal information other than as set out in these Terms and Conditions without Your prior consent. By purchasing a Ticket or Tickets You consent to the use of Your personal information in this way. If You have any queries about this, please write to the Promoter.
28. You agree that the Promoter, its servants or agents will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused (including by the Promoter or its servants or agents): (a) in any circumstances where there is no breach of a legal duty of care owed by the Promoter or any of its servants or agents; (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 the Promoter, its servants or agents); or (c) to the extent that any increase in any loss or damage results from breach by You of any of these Terms and Conditions.
29. For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond Promoter’s control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, royal mourning, 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. The Promoter 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.
30. To the fullest extent permissible in law, the Promoter shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that Your rights are not adversely affected.
31. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms and Conditions valid or enforceable.
32. If the Promoter delays or fails to enforce any of these Terms and Conditions it shall not mean that the Promoter has waived its right to do so.
33. Any person, other than the Promoter, who is 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.
34. Nothing in these Terms and Conditions and no action taken by You or the Promoter 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 fiduciary relationship between You and the Promoter.
35. These Terms and Conditions constitute the entire agreement between the parties in connection to the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between You and the Promoter relating to the subject matter of these Terms and Conditions. However, nothing in these Terms and Conditions shall purport to exclude liability for fraud or fraudulent misrepresentation. These Terms and Conditions cannot be varied or amended in any respect (unless agreed between You and the Promoter in writing).
These Terms and Conditions shall be governed by the laws of England and Wales and parties agree to submit to the exclusive jurisdiction of the English Courts.