1. Interpretation
In these terms and conditions, the following definitions shall apply:
- “Booking Fee”: The fee payable as specified on the Seller’s invoice or as otherwise notified on the website.
- “Conditions”: These standard terms and conditions of sale.
- “Confirmation”: The Customer’s order for a Hospitality Package via the website.
- “Quote”: A legally binding agreement formed in accordance with Condition 2.
- “Customer”: The purchaser of the Hospitality Package.
- “Deposit”: The deposit payable as specified on the Seller’s invoice or as otherwise notified on the website.
- “Event”: An entertainment event such as a concert, exhibition, sports, theatrical, or music event at a Venue, for which the Seller sells Hospitality Packages.
- “Hospitality Package”: The package sold to the Customer, which may include an event ticket and catering at or near the Venue.
- “Price”: The cost of the Hospitality Package as specified on the Website or notified by the Seller.
- “Promoter”: The entity staging the Event, if different from the Venue.
- “Seller”: Experience First Events Ltd, registered in England.
- “Tickets”: The tickets or other evidence sold by the Seller to the Customer as part of a Hospitality Package.
- “Venue”: The location where the Event is held.
- “Website”: The Seller’s website at www.experiencefirst.co.uk.
2. Basis of Sale
2.1 All Hospitality Packages and Tickets are sold subject to availability and these Conditions. Receipt by the Seller of a Confirmation from the Customer constitutes a booking and creates a Quote subject to these Conditions.
2.2 These Conditions include any special terms displayed on the Website for a particular Event or Venue and should be read in conjunction with the Venue and/or Promoter terms. In the event of any inconsistency, the terms of the Promoter shall prevail, or the terms of the Venue if no Promoter is involved.
2.3 No variation of the Quote shall be binding unless agreed in writing by an authorised representative of the Seller. The Seller and Customer agree that they have not relied on any statements not expressly set out in these Conditions.
2.4 Any typographical, clerical, or other error or omission in sales literature, quotations, price lists, invoices, or other documents issued by the Seller shall be subject to correction without liability.
3. Variation
3.1 The Seller reserves the right to make changes to the Hospitality Package that do not materially affect its quality, at the Seller’s absolute discretion.
3.2 If a material change is necessary, the Seller will use reasonable endeavours to offer an alternative package or refund the Deposit, Booking Fee, and any additional Price paid.
4. Price
4.1 The Seller reserves the right to increase the Price at any time by giving written notice. The Customer must pay any additional amount within 7 days of the invoice date.
4.2 The Price excludes VAT and other applicable taxes, which the Customer must pay in addition.
5. Payment
5.1 Payment of 100% is due on booking and is non-refundable. A 50% deposit may be acceptable for events more than 6 months away, also non-refundable.
5.2 Upon receipt of a signed Booking Form, the Seller will invoice the Customer for the remaining Price, due no later than 90 days before the Event.
5.3 For bookings within 90 days of the Event, full payment is required at booking.
5.4 Additional fees for extra goods or services at the Event must be paid in full by Bank Transfer.
5.5 If the Customer fails to pay on time, the Seller may cancel the Quote and charge interest on unpaid amounts.
5.6 If the Seller increases the Price excessively, the Customer may cancel within 7 days of the invoice and receive a refund of the Deposit and any additional Price paid.
5.7 The Seller may charge a £50 administration fee for booking amendments.
6. Delivery of Tickets
6.1 Tickets are delivered upon collection by the Customer, delivery to the Customer, or delivery to a third-party carrier.
6.2 Delivery dates are approximate, and the Seller is not liable for delays.
6.3 Tickets will not be issued until full payment is received and cleared.
6.4 The Seller may require Tickets to be collected at the Venue box office.
6.5 The Customer must check Tickets on receipt as mistakes cannot always be rectified.
7. Risk and Property in Tickets
7.1 Risk of damage or loss passes to the Customer upon collection, delivery, or posting of Tickets.
7.2 The Seller is not liable for lost or damaged Tickets once risk has passed to the Customer.
7.3 Property in Tickets passes to the Customer only after full payment is received.
7.4 Until property passes, the Customer holds Tickets as the Seller’s agent and must keep them protected and insured.
7.5 The Seller may require the Customer to return Tickets if property has not passed.
7.6 Tickets are non-transferable and cannot be sold or pledged.
7.7 The Seller has no control over Ticket pricing or seat descriptions.
7.8 Proof of identity and concession entitlement may be required for concessions.
7.9 Ownership of a Ticket does not confer rights to use any symbols, trademarks, or logos on the Ticket.
7.10 The Seller may replace invalid Tickets or refund the Price at its discretion.
8. Events and Cancellations
8.1 The Seller does not control the Event and is not liable if it does not take place.
8.2 The Customer must check if an Event is cancelled or rescheduled.
8.3 Bookings for postponed Events are valid for the rescheduled Event unless it is at a different Venue.
8.4 Refunds for cancelled or postponed Events are limited to those available under Venue or Promoter rules.
8.5 The Customer must notify the Seller of cancellations, postponements, or abandonments as soon as possible.
8.6 Event details are indicative only, and the Customer must check final arrangements.
8.7 Warranties, conditions, or terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.8 Consumer rights are not affected by these Conditions.
8.9 The Seller is not liable for acts or omissions by Event organisers or Venue operators.
8.10 Complaints must be notified to the Seller in writing as soon as possible after the Event.
9. Limitation of Liability
9.1 The Seller is not liable for indirect or consequential loss or damage. The maximum liability is the total Price paid by the Customer.
9.2 Liability for death or personal injury resulting from the Seller’s negligence is not excluded.
10. Force Majeure
The Seller is not liable for delays or failures due to events beyond its control, such as acts of God, pandemics, adverse weather, war, terrorism, strikes, or power failures.
11. Customer Default
The Seller may cancel the Quote if the Customer breaches its obligations, becomes insolvent, or fails to pay the Price.
12. Indemnity
The Customer indemnifies the Seller against claims, costs, damages, and expenses arising from acts or omissions by the Customer or its guests.
13. Venue Conditions
13.1 The Customer must ensure its guests comply with these Conditions and Venue rules.
13.2 Reselling or transferring Hospitality Packages without the Seller’s consent is prohibited.
13.3 Using Hospitality Packages as competition prizes or for promotional purposes without consent is prohibited.
13.4 Displaying signage or promotional material at the Venue without consent is prohibited.
13.5 Recording or transmitting material inside the Venue is prohibited.
13.6 Venue management may request Ticket holders to leave for reasonable grounds.
13.7 Venue management may conduct security searches and confiscate dangerous items.
13.8 Smart casual attire is required at the Venue. Specific dress code advice will be provided.
13.9 Returns of open bottles of wine, spirits, and part kegs are not accepted.
13.10 The Seller, Venue, and Promoter are not responsible for loss or damage to personal possessions.
13.11 Ticket holders consent to filming and sound recording as part of the audience.
13.12 Breaching Conditions 13.2 or 13.3 entitles the Seller to terminate the Quote without refund.
14. General
14.1 The Quote is personal to the Customer and cannot be assigned or transferred.
14.2 Notices are deemed served on delivery, receipt of transmission, or 5 days after mailing.
14.3 No waiver by the Seller of any breach is considered a waiver of subsequent breaches.
14.4 The Quote does not create a partnership or joint venture.
14.5 Third parties have no rights under the Contracts (Rights of Third Parties) Act 1999.
14.6 If any provision is invalid or unenforceable, the remainder of the Conditions remain in effect.
14.7 Use of personal information is governed by the Seller’s Privacy Policy.
14.8 Disputes should be resolved through consultation and negotiation.
14.9 The Customer must pay the Seller’s legal costs for recovering outstanding payments.
14.10 The Quote is governed by English law, and disputes are subject to the jurisdiction of the English Courts.
Updated: November 2024