TERMS AND CONDITIONS
Event Terms & Conditions
“Event” means any live music concerts held at the Venue. “BECT” means Barnham and Eastergate Community Trust, its representatives, servants, employees and sub-contractors and “Our” shall be read accordingly. “Terms and Conditions” means these terms and conditions. “Venue” means the location of the Event specified on any Ticket. “Ticket” means any ticket for an Event. “You” means you or anybody who in BECT’s reasonable opinion is acting with your authority or permission and “Your” shall be read accordingly in its role as Promoter of the Event.
All Tickets are sold subject to the Conditions. Please read the Conditions carefully before purchase and raise any queries with BECT before purchase. Your purchase of a Ticket constitutes your acceptance of the Conditions.
It is your responsibility to check Your Tickets as, if you have made a mistake, it cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact BECT immediately if there is a mistake.
If You have any special access requirements or concerns about any special effects (for example lighting, sound, audio-visual or pyrotechnic effects) which may be featured at the Event, please discuss any such issues before purchasing the Tickets with BECT by emailing bookings@barnhamcommunityhall.org. BECT and the Venue will use reasonable efforts to assist with any such special access requirements or concerns.
You must produce a valid Ticket to gain access to an Event and You must keep possession of such Ticket at all times during the Event. Your Ticket may be invalidated if any part of it is removed, altered or defaced. BECT will not be responsible for any Ticket that is lost, stolen or destroyed.
Duplicate tickets will be issued at BECT’s discretion in collaboration with the Venue. If BECT issues a duplicate Ticket, it may charge a reasonable administration fee.
Our recommendation is that concerts at the Venue are suitable for children under 16. If you do wish to bring them as part of your party, at your discretion, they can attend as long as they possess a valid ticket to gain entry and there is a responsible adult of 18 and above to every two children under 16. We take every precaution to try and ensure everyone has a safe and enjoyable time at all of our events. If you do decide to bring a child under 16, we would suggest against taking them into the most densely crowded areas, which includes the large area in front of the stage. It is your responsibility to check the suitability of an event for any children in your party regardless of official age restrictions, this includes considering the type of audience the event is likely to attract and whether such an audience is a suitable environment for children in your party. Refunds will not be issued if any aspect of an event, including the behaviour of other audience members, causes offence to you or any children on whose behalf you have purchased tickets. We do not recommend subjecting babies and young children to loud music. Children are recommended to wear hearing protection if you decide to bring them.
Tickets are sold subject to the BECT’s right to alter the advertised Event as may reasonably be necessary. BECT’s and the Venue total liability in relation to a cancelled Event is set out below in Conditions 10 and 12.
Tickets cannot be exchanged or refunded unless the performance is cancelled, rescheduled or where there is a material change to the programme of the event. A ‘material’ change is a change which, in BECT’s reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. Please note that the following are not deemed to be a ‘material’ change: adverse weather conditions; changes of any supporting act; changes to key performing individual members of a band; curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
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, BECT and the Venue will use their reasonable endeavours to notify You using the details You provided at the time of ordering. BECT and the Venue do not and cannot guarantee that You will be informed of such cancellation before the date of the Event. It is also Your responsibility to inform BECT of any change to the contact address, telephone number or email address You provided at the time of purchase of tickets for the Event.
Where an Event is cancelled, rescheduled and you cannot or do not wish to attend the reschedule event or where there is a material change to the programme of the Event, You will be entitled to a refund in accordance with Condition 12. Liability for the cancellation or rescheduling of the Event, or for material changes to the Event, will be limited to a refund as set forth in Condition 12.
“Force Majeure” means any cause beyond BECT’s or the Venues’ control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic and/or pandemic, 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. Subject to the provisions of Condition 10, BECT nor the Venue will not be liable to You for failure to perform any obligation under the Conditions to the extent that the failure is caused by Force Majeure.
The total refund for a Ticket shall be the face value of the Ticket purchased. Personal arrangements including travel, subsistence, hospitality or accommodation relating to the Event which have been arranged by You are at Your own risk. BECT nor the Venue shall not be liable for any loss of enjoyment or wasted expenditure in addition to refunding the face value of the Ticket.
In order to claim Your refund, please contact BECT at bookings@barnhamcommunityhall.org within 3 months of the original proposed date of the Event for a cancelled or rescheduled Event, or as soon as possible for the Event which has been materially changed. Following confirmation from BECT that you are eligible for a refund, the refund will be made in accordance with the payment method used at the time of purchase. Refunds will only be made to the person who purchased the Tickets and proof of purchase is required.
BECT reserves the right to alter the price of any Ticket at its sole discretion. If You have already purchased a Ticket to an Event and a cheaper ticket becomes available, BECT will be under no obligation to refund any portion of the Ticket purchased at the initial price.
Neither BECT nor the Venue will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused: (a) in any circumstances where there is no breach of a legal duty of care owed by BECT or the Venue, (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 BECT or the Venue); or (c) to the extent that any loss or damage results from breach by You of any of the Conditions.
Nothing in these Conditions seeks to exclude or limit any liability of BECT or the Venue for death or personal injury caused by its negligence, fraud or any other type of liability which cannot by law be excluded or limited.
BECT and the Venue reserves the right to refuse You entry to and/or eject You from the Event and/or Venue (and may take appropriate action to enforce this right) in reasonable circumstances including without limitation (a) for health and safety or licensing reasons, (b) if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event, (c) if You use or display threatening, abusive or insulting words or mannerisms or behave in a manner which may provoke a breach of the peace, (d) if, in BECT’s or the Venue’s reasonable opinion, You appear to be acting under the influence of alcohol or drugs, (d) if You fail, when required, to produce proof of identity or age, (e) if You refuse to comply with BECT’s or the Venue’s security searches, (f) if You breach these Terms, or (g) if Your Ticket is void, (h) if any people under the age of 18 attending the event with you are found to be consuming alcohol. No refunds will be given to You if You are refused entry or ejected due to Your own behaviour.
BECT or the Venue reserves the right to conduct security searches and confiscate any item which in the opinion of BECT or the Venue 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 the Conditions (including those items listed in these Conditions).
You shall not bring all or any of the following into the Venue: (a) laser pens, (b) any item which may be interpreted as a weapon (including sharp or pointed objects such as knives), or (c) illegal substances. Notwithstanding anything else in the Conditions, BECT nor the Venue shall not be liable for any loss, theft or damage to confiscated items.
You must comply with any and all instructions given to You by BECT and/or all Venue stewards and Venue staff. BECT or the Venue reserves the right to restrict access to parts of the Venue.
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 promptly contact BECT via bookings@barnhamcommunityhall.org if before the event, or a member of BECT staff or a Venue steward or Venue member of staff if during the Event. BECT or the Venue will use its reasonable endeavours to rectify the situation which is the cause of your complaint, however under no circumstances shall BECT or the Venue be under any obligation to rectify the situation.
Warning – Prolonged exposure to loud noise may cause damage to Your hearing.
You give Your express consent to Your actual or simulated likeness to be included for no fee within any film, photograph, audio and/or audio-visual recording to be exploited in any and all media for any purpose at any time throughout the world.
You may only leave and then re-enter the Venue during an Event at the discretion of BECT. Otherwise there shall be no re-admissions or pass-outs of any kind.
You shall not bring into the Venue or display or distribute at the Event any sponsorship, promotional or marketing materials.
You must not leave any bags or other items of personal property unattended in the Venue. Any personal possessions or other items (including without limitation clothing, wallets and mobile telephones), which are found in the Venue, shall be retained by the Venue for a period of 30 days following their discovery. During this period, you may collect any item which belongs to You from the Venue upon reasonable proof of identification and ownership. If, upon the expiry of 30 days from the date of its discovery, any item has not been collected by You, BECT or the Venue reserves the right to dispose of any such items as it sees fit without any further liability to You (notwithstanding anything else in the Conditions). Where possible, any uncollected items will be donated to charity.
Except to the extent that BECT or the Venue is required or permitted by law to do otherwise, personal information provided by You to BECT or the Venue will only be used in accordance with the Data Protection Act 2018 and any consents given by You in relation to Your personal information.
BECT or the Venue shall be entitled to assign all and any of its rights and obligations under the Terms and Conditions without notice to You, provided that You are not adversely affected by the same.
If it is found by a court that any of the Conditions for any reason cannot be enforced for any reason, this shall not prevent the other provisions of the Conditions from continuing to apply.
Any delay of BECT or the Venue in enforcing any of the Conditions shall not constitute a waiver of BECT’s or the Venue rights to do so.
Any person, other than BECT or Venue, who is not a party to the Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Terms and Conditions.
Nothing in the Conditions and no action taken by You or BECT or the Venue under the 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 BECT or the Venue beyond the relationship created under the Conditions.
The Conditions constitute the entire agreement between You, BECT and the Venue in relation to the Tickets, the Event and the Venue, and supersede any previous terms and conditions, agreement or arrangement between You, BECT or the Venue relating to the same. The Conditions cannot be varied or amended in any respect (unless agreed between You and BECT in writing).
You, BECT or the Venue agree that it has not entered into the Conditions in reliance of, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity by any person other than as expressly set out in the Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.
The 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 or the Department for Business Innovation and Skills.
If any dispute arises out of the Conditions, BECT will attempt to settle it. To this end BECT shall use its 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 BECT is 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 the dispute and requesting a mediation.
These Conditions are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts.