Terms and Conditions
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DEFINITIONS AND INTERPRETATION
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‘NWTAC’ and ‘North West Theatre Arts Company’ (and ‘We’, ‘Our’, ‘Ours’ and ‘Us’) refers to North West Theatre Arts Company Limited, registered in England and Wales with company number 8472346 whose registered office is at NWTAC Theatre, 270a Lightbowne Road, Moston Manchester, M40 5HQ.
‘Event’ means an entertainment event including, without limitation, a concert, exhibition, sport, theatrical and/or music event to be held at a Venue in respect of which We have the right to sell You Tickets.
‘Event Partner’ means any party involved in the provision of the Event, such as a Promoter, Venue owner/operator, performer or producer.
‘Promoter’ means the person firm or company staging the Event if different from Us.
‘Site’ means www.northwesttheatreartscompany.co.uk
‘Tickets’ means printed, electronic or other type of evidence (including a wristband) of the right to occupy space at or to attend an Event sold by Us to You on behalf of the Event Partner(s).
‘Ticket Related Voucher(s)’ means any voucher or package which can be redeemed against products or services at or near the Venue including, without limitation, food and drink vouchers, restaurant vouchers, Lounge packages, and upgrade packages.
‘Venue’ means any facilities or locations of any nature where the Event is being held.
‘Voucher(s)’ means a NWTAC gift voucher and/or NWTAC Season Ticket You purchase from Us.
‘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.
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1.CONTRACT AND INCORPORATION OF TERMS
2. TICKETS
3. PRICE AND PAYMENT
4. DELIVERY
5. CHANGES TO EVENT
6. CANCELLED/RE-SCHEDULED EVENTS
7. REFUNDS/EXCHANGES
8. LIABILITY
9. AFTER SALES CARE & COMPLAINTS
10. USE OF DETAILS AND DATA PROTECTION
11. RESALE OF TICKETS
12. VOID TICKETS
13. RESTRICTIONS
14. CONDITIONS OF ADMISSION AND ATTENDANCE
15. RESTRICTIONS AND PROHIBITIONS
16. RETAIL OFFERS
17. HEALTH AND SAFETY
18. DISPUTE RESOLUTION
19. WAIVER
20. ASSIGNMENT
21. SEVERABILITY
22. THIRD PARTIES
23. EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
24. AMENDMENTS AND VARIATIONS
25. NO PARTNERSHIP OR AGENCY
26. ENTIRE AGREEMENT
27. GOVERNING LAW AND JURISDICTION
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1. CONTRACT AND INCORPORATION OF TERMS
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 performance 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, which incorporate and should be read in conjunction with the Event Partner(s)’ terms, conditions and regulations, copies of which are available on the Event or Venue website or at Venue Box Office. 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.
2. TICKETS
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.
2.3 We will not be responsible for any Ticket that is lost, stolen or destroyed. NWTAC only accept responsibility for Tickets bought from one of its own managed sales points.
2.4 It is not always possible to issue duplicate ticket(s). For example, for non-seated events where there is a possibility of both the original and duplicate ticket(s) 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.
2.5 We and the Event Partner(s) 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.
2.6 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
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, 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 Event Partner(s), provided that even if such consent is obtained, use of Our logo 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. PRICE AND PAYMENT
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) but exclusive of any per transaction, collection or delivery fee.
3.2 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.
3.3 All Concessions and Discounts are subject to availability, they may be restricted to certain price levels and performances and can be withdrawn by NWTAC without notice.
3.4 Only one Concession or Discount is available per ticket.
3.5 If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on the Site or otherwise communicated to You, or You are able to order a ticket before its scheduled on-sale or pre-sale date or You are able to order a Ticket that was not supposed to have been released for sale, then We will have the right to cancel that Ticket (or the order for that Ticket) and refund to You the amount that You paid. This will apply regardless of whether because of human error or a transactional malfunction of this website or other NWTAC operated system.
4. DELIVERY
4.1 If you select “Print at Home” Your Tickets will be delivered as an eticket to the email address provided when You registered on the Site. Your eticket must be printed, entry will not be admitted if eticket is presented on mobile or tablet device. Your eticket must be clearly printed to scale on plain A4, clean, white paper. Problems with printing will not be Our responsibility or the responsibility of the Venue. Unauthorised duplication of Your eticket may prevent Your admittance to the Event. ATG is not responsible for any inconvenience caused by unauthorised duplication. If unauthorised duplicates appear ATG reserves the right to refuse entry to all Ticket holders and may credit the original purchaser the face value, which will constitute full remuneration. A hard copy duplicate Ticket issued by ATG, will render the original eticket null and void. If You do not select “Print at Home” Your Tickets will be delivered in accordance with clauses 4.2 and 4.3
4.2 We reserve the right to make Ticket(s) available for collection at the Venue box office. 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.
4.3 If You are collecting Your Ticket(s) from the Venue box office, 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. CHANGES TO EVENT
5.1 The Event Partner(s) 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. CANCELLED/RE-SCHEDULED EVENTS
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6.1 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.
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. REFUNDS/EXCHANGES
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7.1 Ticket(s) can be exchanged for a seat of the same value or higher upon payment of the difference in value, within its current run at the same Venue and will be subject to a per ticket exchange fee of £3. If a discount has been applied to the Ticket(s), then this will only be honoured within the original terms and conditions of the offer. If the Event has been booked through us for a Promoter then an exchange may not be offered and we would refer You to the Promoter’s own terms and conditions of sale.
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 performance is cancelled or rescheduled (subject to clause 6) or where there is a material change to the programme of Event. If a resale facility is available, resale of these Ticket(s) cannot be guaranteed and is subject to a per ticket administrative charge of £3.
7.3 Where an Event is cancelled or rescheduled (subject to clause 6 and this clause) by the Venue or Promoter, 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 use of understudies in a theatre performance shall not be a material change.
7.5 Where an outdoor Event is cancelled or curtailed because of adverse weather, We shall not be liable to make any refund or pay any compensation.
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 the applicable per Ticket booking fee but excluding the per transaction collection or delivery 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.
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. LIABILITY
8.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Unless otherwise stated in this clause, Our and the Event Partner(s)’ 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 the per transaction collection or delivery 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 or the Event Partner(s); (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 these Terms and Conditions and/or any terms and conditions of the Event Partner(s).
8.3 Nothing in these Terms and Conditions seeks to exclude or limit Our or the Event Partner(s)’ liability for death or personal injury caused by Our or the Event Partner(s)’ (as relevant) negligence, fraud or other type of liability which cannot by law be excluded or limited.
9. AFTER SALES CARE & COMPLAINTS
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9.1 Should You have any queries or complaints relating to Your Ticket purchase please contact Our Customer Care team on 0161 207 1617 or email admin@northwesttheatreartscompany.co.uk We will acknowledge all customer correspondence within 24 hours.
10. USE OF DETAILS AND DATA PROTECTION
10.1 See the NWTAC Privacy Policy.
11. RESALE OF TICKETS
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11.1 You may not resell or transfer a Ticket if prohibited by law. Any resale or transfer (or attempted resale or transfer) of a Ticket in breach of the applicable law is grounds for seizure or cancellation of that Ticket.
12. VOID TICKETS
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12.1 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.
13. RESTRICTIONS
13.1 Ticket(s) may be sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restriction 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.
14. CONDITIONS OF ADMISSION AND ATTENDANCE
14.1 NWTAC 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.
14.2 NWTAC 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, NWTAC may remove a Ticket holder who:
1) has behaved in the Venue in a manner which, in the reasonable opinion of NWTAC has, or is likely to affect the enjoyment of other visitors; or
2) 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
3) in the reasonable opinion of the Venue is under the influence of drugs or has consumed an excessive amount of alcohol; or
4) fails, when required, to produce proof of identity or age; or
5)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.
14.3 You must comply with instructions and directions given by Venue staff and stewards.
14.4 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.
14.5 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 unless otherwise stated at the time of booking and on the ticket) 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 unless otherwise stated at the time of booking and on the ticket) shall be admitted free of charge to those shows they may attend (children’s shows and pantomimes only) however children under the age of 18 months will not be admitted to any performance unless they are specifically aimed for them (i.e. children’s shows and pantomimes). Children must be supervised at all times and supervision of children shall be by not less than 1 adult per 10 children. NWTAC reserves the right to ask parents / supervisors to remove children if, in the opinion of NWTAC, they are causing a disturbance.
15. RESTRICTIONS AND PROHIBITIONS
15.1 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 recording equipment, recordings, tapes, films or similar items may be confiscated and destroyed or deleted. Any recording made of an Event in breach of these conditions shall belong to the Event Partner(s). The Event Partner(s) and Venue will not be liable for any loss, theft or damage to confiscated items.
15.2 By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. The Event Partner(s) may use such films and recordings (including any copies) without payment.
15.3 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.
15.4 Mobile telephones and messaging equipment must be switched off during the Event.
15.5 Alcohol may only be consumed in the bar and other authorised areas. Smoking is not permitted unless within a designated smoking Area (if any).
15.6 The following are not permitted within any Venue:
I) animals (with the exception of assistance dogs);
2) laser pens, fireworks, flares, smoke bombs
3) Your own food and drink;
4) bottles, cans or glass containers;
5) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and
6) illegal substances.
15.7 NWTAC 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.
15.8 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.
15.9 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.
16. RETAIL OFFERS
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16.1 NWTAC reserves the right to change these general terms and conditions which are applicable to all retail offers and discounts at any time without prior notice by amending these online.
16.2 Offers and discounts are not transferable and cannot be used in conjunction with any other offer or discount.
16.3 All offers and discounts are subject to availability, can be changed or withdrawn without notice, and may be available for a limited period only.
17. HEALTH AND SAFETY
17.1 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, pyrotechnic effects or lighting effects.
18. DISPUTE RESOLUTION
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18.1 Any complaints about a Tickets holder’s seating or ability to view a production should be made promptly to the Venue Management either before or during the Performance.
18.2 If any dispute arises out of these Terms and Conditions, We will attempt to settle it. We will acknowledge all customer 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. Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation within 21 days and you are not satisfied with our final response, you may attempt to settle it through Alternative Dispute Resolution.
18.3 As an online trader, pursuant to European Union legislation, you may use the following link to the European Commission's Online Dispute Resolution platform here, where you can access further information about online dispute resolution.
19. WAIVER
19.1 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.
20. ASSIGNMENT
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20.1 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.
21. SEVERABILITY
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21.1 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.
22. THIRD PARTIES
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22.1 NWTAC and its affiliates, successors or assigns may rely on any rights set out in these Terms and Conditions in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, any person who is not a party to these Terms and Conditions shall have no rights under the Act to rely on any 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 on We, NWTAC (and/or its affiliates, successors or assigns) and You (or Your assignees permitted hereby) have rights and obligations under this contract.
23. EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
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23.1 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.
24. AMENDMENTS AND VARIATIONS
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24.1 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 and the Promoter. 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 NWTAC. 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).
25. NO PARTNERSHIP OR AGENCY
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25.1 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.
26. ENTIRE AGREEMENT
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26.1 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 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.
27. GOVERNING LAW AND JURISDICTION
27.1 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.