TERMS & CONDITIONS
Ticket sale Terms and conditions
Pirate FM has been appoint by the Provider as its ticket sales agent for the Festival (as defined below). Pirate FM sells tickets to the Festival on behalf of the Provider (as defined below).
These Terms and Conditions (“these Terms”) apply to online ticket sales made by Pirate FM on behalf of the Provider. The Terms form the basis of the Customer’s (as defined below) contract with the Provider so please read them carefully before submitting an order.
The following definitions and rules of interpretation apply in these Terms:
Order Confirmation: the Ticket sale confirmation email provided to the Customer.
Order: the online order for the Ticket submitted by the Customer.
Customer or You: the customer who submits the Order.
Event Outside Our Control: any act or event beyond Our or the Provider’s reasonable control, including without limitation fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
Pirate FM, We, Our or Us: Pirate FM Limited incorporated and registered in England and Wales with company number 02552870 whose registered office is at Carn Brea Studios, Barncoose Industrial Estate, Redruth, Cornwall TR15 3RQ.
Festival: the festival organised by the Provider as described on the Website.
Provider: the organiser of the Festival as identified on the Website.
Ticket: a ticket to the Festival, which will be provided in the form of a quick response (QR) code unless agreed otherwise by us.
Ticket Price: the total amount due from a Customer in respect of the Ticket.
2.1 We act as the ticket sales agent for the Provider. The ticket sales are made by us on behalf of the Providers and the contractual relationship is between you and the Provider.
- You can contact us by telephoning our customer service team at 03333 445958 or by writing to us at email@example.com
- If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.
- The artists and acts performing at the Festival may include, but are not limited to, those described on the Website from time to time. The Customer agrees that the Provider may alter or vary the artist and act at any time and the Customer shall not be permitted to cancel the Ticket in any such event.
- You agree that our employees are not authorised to make any contractually binding representations concerning the Festival. You acknowledge that you do not rely on, and waive any claim for breach of, any such representations.
- When we use the words “writing” or “written” in these terms, this includes emails.
3. How the contract is formed
- You agree that:
(a) you are at least 18 years old;
(b) you are resident in the United Kingdom;
(c) the Ticket is for your personal use only. Any attempt to resell the Ticket will be a substantial breach of the contract and we may terminate the contract in accordance with clause 9.1;
(d) by submitting the Order, you understand and are agreeing to these Terms.
- Your submission of an Order is an offer to purchase the number of Tickets requested on the selected dates.
- If the number of Tickets requested on the selected dates are available, we will send you an Order Confirmation. At this point a binding contract, incorporating these Terms, will come into existence.
- If we are unable to accept your Order, we will inform you of this and will not process your payment for the Ticket Price.
4. Customer obligations
- You agree to:
(a) ensure that your Order is complete and accurate in all material respects;
(b) co-operate with the Provider in all matters relating to the Festival;
(c) provide to the Provider or us, in a timely manner, all documents and information reasonably required in relation to the Festival;
(d) arrive at the Festival on time. You acknowledge and agree that late arrival may result in refusal of admission;
(e) present your Ticket at the Festival and provide supporting photographic identification to confirm your identity;
(f) comply with all applicable health and safety laws;
(g) comply with any terms and conditions imposed by the venue; and
(h) in the event that the Festival is cancelled and you are unable to attend on the rescheduled date, notify us in writing within 5 days of the date we information you that the Festival is cancelled or rescheduled so that we may process your refund in accordance with clause 7.4.
- You also agree that the Provider and venue may refuse your admission to the Festival (in which case no refund will be provided) if:
(a) you may affect the safety of others; or
(b) you may affect the enjoyment of others.
5. Ticket price and payment
- The Ticket Price (which includes VAT) will be the price indicated on the order pages when you place your Order. We take reasonable care to ensure that the Ticket Price is correct. However please see clause 3 for what happens if we discover an error in the Ticket Price.
- The Ticket Price includes VAT but excludes booking fees which may be added to the total amount shown on your Order.
- It is always possible that, despite our best efforts, the Ticket Price may be incorrect. We will normally check prices before accepting your Order so that, where the Ticket’s correct price at your order date is less than our stated Ticket Price at your order date, we will charge the lower amount. If the Ticket’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order.
- You agree to pay the Ticket Price at the same time as you submit the Order.
- The Ticket Price must be paid by debit or credit card. We accept payment by Visa, Mastercard or American Express.
6. Dispatch of the Ticket
Unless agreed otherwise, the Ticket will be dispatched to the Customer by email within 24 hours of the date of the Order Confirmation.
7. refunds and cancellation
- You agree that Tickets cannot be cancelled and refunded after we have issued an Order Confirmation, unless the Festival has been cancelled.
- You do not have any right to cancel the Ticket in accordance with the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013.
- If the Festival is cancelled, the Customer will be:
(a) offered a Ticket to the Festival on the rescheduled date and such Ticket shall have the equivalent value to the original Ticket purchased by the Customer; or
(b) if the Customer is unable to attend the Festival on the rescheduled date, the Customer will be offered a refund of the Ticket Price and any relevant booking fees.
- If you are entitled to a refund in accordance with clause 3 the Provider will refund you the Ticket Price excluding any booking fee, by the method you used for payment within 14 days of the date you have notified us that you are unable to attend the Festival on the rescheduled date.
8. Limitation of liability
- Nothing in these Terms limits or excludes the Provider’s liability for death or personal injury caused by its negligence or fraud or fraudulent misrepresentation.
- If the Provider fails to comply with these Terms, the Provider is responsible for losses which are a foreseeable result of its breach of these Terms or its negligence, but the Provider is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of the breach or if it was contemplated by the parties at the time the parties entered into a binding contract.
- We only supply the Tickets for domestic and private use. If you use the Tickets for any commercial, business or re-sale purpose the Provider will have no liability to the Customer for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If there has been a substantial breach of any of your obligations, the Provider (or the Agent acting on the Provider’s behalf) may terminate (i.e. bring to an end) the contract that exists in relation to the supply of the Ticket.
- The other rights and remedies of the Provider will remain in force.
10. Your personal information
- The Provider will use the personal information you provide:
(a) to supply the Ticket;
(b) to allow you access to the Festival venue; and
(c) to process your payment for the Ticket.
- The Provider may pass your information to Pirate FM (acting as the Principal’s ticket sales agent) for the purpose of supplying the Ticket to you and contacting you about similar festivals and events. Pirate FM will only contact you by electronic means if you have provided your explicit consent to this. If you are happy for Pirate FM to use your personal data in this way, please tick the relevant box situated on the page on which your personal details are collected. If you do not want Pirate FM to use your data in this way, you can opt out, at any time by contacting Pirate FM, by using the links provided in the e-mail.
- Pirate FM may retain your information for the period necessary to fulfil the purposes for which it was first collected unless a longer retention period is required or permitted by law.
- Direct marketing –
11. Events outside our Control
- The Provider will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations in these Terms that is caused by an Event Outside Our Control.
- If an Event Outside Our Control takes place that affects the availability of the Festival on the dates set out in the Order Confirmation:
(a) you will be contacted as soon as reasonably possible; and
(b) the Provider’s obligations under these Terms will be suspended and the time for performance of its obligations will be extended for the duration of the Event Outside Our Control.
If you have any questions or complaints about the Ticket, please contact the Provider using their contact information displayed on the Website or contact us by telephone at 03333 445958 or by writing to us at firstname.lastname@example.org
- You may only transfer your Ticket to another person if we agree to this in writing.
- Any obligation on you in these Terms not to do an act or thing includes an obligation not to permit or suffer another person to do such act or thing.
- The parties do not intend that the contract between them should be enforceable by any person solely by virtue of the Contracts (Rights of Third Parties) Act 1999.
- The contract between the parties shall be governed by the laws of England and Wales.