
Dated 6th of April 2012
Definitions and interpretation
"Event" means an entertainment event including, without limitation, a concert, exhibition, theatrical and/or music event to be held at a Venue in respect of which we have the right to sell Tickets via this site.
"PocketSprung" means PocketSprung Limited, a company registered in England and Wales with registered number and registered address at. Our VAT number is. "we", "us" and "our" shall be read accordingly.
"Tickets" means tickets including electronic tickets for an Event provided by us to you for the right to attend an Event.
"Venue" means any facilities or locations of any nature where the Event is being held.
"you" means you. "your" shall be read accordingly.
1. Introduction and how these terms apply
- In order for PocketSprung to provide the ticketing services to you, you must agree to be bound by these terms and the Additional Terms as indicated to you. These will form a legally binding contract so please do take the time to read them and make sure you understand them. If you use the site or the ticket services on the site you will be agreeing to accept these terms and the Additional Terms. If you do not agree to accept them you must not use the site or the ticket services on the site.
- We recommend you review the terms each time you purchase Tickets from the site and print a copy of them for your future reference as we intend to rely upon them. If you are uncertain about your rights or think the terms are not complete/accurate, please contact us before placing an order so we can discuss your query/concern.
2. Changes to these terms
- We reserve the right to change, modify, add to, or delete portions of these terms at any time including to reflect changes affecting the Ticket services, Ticket Provider requirements, payment methods, relevant laws and regulatory requirements.
- If we do change the terms, we will post the changes on this page and will indicate the effective date at the top. You are responsible for regularly reviewing these terms so that you are aware of any changes. Your continued use of the site after any such changes constitutes your acceptance of the new terms and you will be subject to the policies and terms in force at the time that you order the relevant Tickets from us. If you do not agree to (or are unable to comply with) the terms as amended, please do not continue to use the site.
3. Tickets
- All Tickets are sold subject to availability and to these terms. Tickets may be restricted to a maximum number. Any such restriction shall be notified to you at the time you book the Tickets. We reserve the right to cancel Tickets purchased in excess of this number and without the Ticket Provider's agreement, without prior notice unless the excess purchase was due to our error.
- It is your responsibility to check your Tickets when you receive them as if you have made a mistake it cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact us immediately by emailing us at alex@pocketsprungtheatre.co.uk if there is a mistake.
- A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate your Ticket.
- Please keep your Tickets safe. We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets (eg for non-seated events where there is a possibility of both the original and duplicate tickets being used as this may compromise the licensed capacity of the Venue). Duplicates may be issued at the discretion of the Ticket Provider. If duplicates are issued, we may charge a reasonable administration fee.
- We, the Ticket Provider, Promoter and Venue 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 similar to and of no less value to that stated on the Ticket.
- Where a concession is claimed, proof of identity and entitlement (for example of age or student status) may be required.
- 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, trade marks, logos and/or intellectual property appearing on the Ticket.
4. Placing an order and price and payment
- Subject to sections 4.2 and 4.3, the price of any Ticket will be as quoted on this site at the time we accept your order, except in the case of obvious error. This price will include VAT but is exclusive of any booking fee and collection or delivery fee which will be indicated to you during the order process (including on the breakdown of costs on the order page and confirmation of order page). Prices are subject to change at any time.
- We use our best efforts to ensure that the prices of Ticket(s) displayed on our site are correct. However, it is always possible that, despite our best efforts, some may be incorrectly priced. If an error or inaccuracy is discovered and we have not yet taken payment we will normally reject your order for Tickets and notify you of such rejection. You will then be able to order the Tickets at the correct price if you wish (subject to availability).
- We are under no obligation to provide the Ticket(s) to you at the incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a pricing mistake. We reserve the right to withdraw from any contract in the case of obvious and unmistakable pricing errors.
- By providing the details of a credit or debit card, you confirm that you are authorised to purchase the Tickets and that you are the holder of the relevant credit or debit card or are expressly authorised to use this to purchase the Tickets.
- We use a third party payment provider to assist us to process payment. Please click here for detail of the payment provider and its services.
- We reserve the right to cancel bookings which we reasonably suspect to have been made fraudulently.
5. Changes to Event and cancelled/re-scheduled Events
- We reserve the right to make alterations to the published Event programme where reasonably necessary.
- 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 at the time of ordering. We cannot guarantee that you will be informed of such cancellation before the date of the Event.
6. Refunds/exchanges
- Subject to this section 6, after you have purchased a Ticket it cannot be exchanged or refunded unless the performance is cancelled or rescheduled or where there is a material change to the programme of Event. A 'material' change is a change which, in the reasonable opinion of PocketSprung, makes the Event materially different to the Event that purchasers of the Ticket, could reasonably expect. Changes to supporting acts and the use of understudies in a theatre performance shall not be a material change.
- Where (i) an Event is cancelled by the Venue; or (ii) an Event is cancelled due to circumstances beyond our control you will be entitled to claim a refund from us of the face value of the Ticket in accordance with this section.
- Where (i) an Event is rescheduled by the Venue; (ii) an Event is rescheduled due to circumstances beyond our control; or (iii) there is a material change to the programme of the Event and you do not wish to attend the rescheduled/changed Event you will be entitled to claim a refund from us of the face value of the Ticket in accordance with this section.
- If we cannot fulfil your order for Tickets because of technical difficulties, you will be entitled to a full refund, including any booking fee
- 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. Where an Event is not cancelled but is curtailed for any reason whatsoever, including, without limitation, due to a force majeure event or late arrival of an artist we shall not be liable to make any refund or pay any compensation. However, where such curtailment constitutes a material change as defined in section 6.1 above, the provisions of sections, 9.2 and 9.3 shall apply.
- Where a refund is sought you must bring this to our attention as soon as possible upon becoming aware of such change, cancellation or where the Event has been rescheduled, prior to the rescheduled Event. The refund for Tickets will be for the face value of the Tickets purchased only (unless otherwise stated). In order to claim your refund, please apply within 90 days by emailing us at alex@pocketsprungtheatre.co.uk. We may require you to return your complete unused Tickets, if received. It is your responsibility to ensure that Tickets are returned where required. We recommend using registered or special delivery post to return your Tickets. Refunds shall only be made to the person who purchased the Tickets and, when possible, shall be made using the same method used to purchase the Tickets.
- These terms do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights you can contact Citizens Advice, Consumer Direct or the Department for Business Innovation and Skills.
7. Resale/use of Tickets
- Tickets are only for your personal use or that of your party. We reserve the right to cancel any Tickets if you resell or attempt to resell such Tickets in breach of this section 7.1 (including any resale or attempted resale of Tickets at a higher price than the purchase price, for example tickets being resold at a higher price via any internet auction site). The holder of a resold Ticket may be refused entry or ejected from the Venue.
- Re-sales or transfers of Tickets (even within your party) may be prohibited for certain Events by the specific terms of those Events (for example free tickets, tickets to charity events or events where age restrictions may apply may not be capable of being transferred).
- You may not, without our prior consent use any Ticket in advertising, promotions, competitions, free draws etc.
8. Void Tickets
Any Ticket obtained in breach of these terms 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 subject to legal action. Void Tickets are non-refundable.9. Conditions of Admission
- You must comply with the instructions and directions given by Venue staff and stewards and with all relevant laws, safety announcements and Venue regulations whilst attending the Event.
- The management of the Venue reserves the right to refuse Ticket holders admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.
- The management of the Venue 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, the Venue may remove a Ticket holder who:
- has behaved in the Venue in a matter which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or
- uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a disturbance; or
- in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs; or
- fails, when required, to produce proof of identity or age.
- No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour.
- The use of equipment for recording or transmitting any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. The Ticket Provider, Promoter and Venue will not be liable for any loss, theft or damage to confiscated items.
- By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. The Ticket Provider and/or Promoter may use such films and recordings without payment and without further notice.
- Ticket holders shall not bring into the Venue or display or distribute at the Event any sponsorship, promotional or marketing materials.
- The following are not permitted within any Venue (unless expressly permitted by the Venue):
- your own food and drink;
- laser pens;
- animals;
- bottles, cans or glass containers; and
- illegal substances.
- The management of the Venue 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 of the Event or is one of the items not permitted in the Venue including as listed at section 9.8 above.
- 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.
- 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.
- The obstruction of gangways, access-ways, exits, entrances or staircases and seeking entry to stands or seats for which you do not hold a Ticket is strictly forbidden.
10. Disclaimers and limitation of liability
PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT THE LIMITATIONS OF OUR LIABILITY TO YOU
- Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by you are at your own risk. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be limited to the refund as set forth in Section 6.
- Neither we, nor the Venue, will be responsible for any loss, theft or damage of your personal belongings, other than caused as a result of our negligence (or that of the Venue ) or other breach of statutory duty.
- You agree you will have no claim against us, in respect of any decision to remove Events from this site or any decision to suspend or terminate your access to this site.
- In the absence of any negligence or other breach of duty by PocketSprung, the use by you of the site is entirely at your risk.
- PocketSprung warrants that it will provide the Tickets service with reasonable skill and care and substantially as described in these terms. PocketSprung does not make any other promises or warranties about the site or the Tickets service. In particular PocketSprung does not make any guarantee of any specific results from the use of this site (including any search function on it).
- For the purposes of this section, "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 to the extent that the failure is caused by Force Majeure. This section 10.6 does not affect the terms of section 6.
- PocketSprung will not be liable under these terms for any loss or damage caused by PocketSprung or any of its employees or agents in circumstances where:
- there has been no breach of a legal duty of care which is owed by PocketSprung or any of its employees or agents; or
- the loss or damage is not a reasonably foreseeable result of any breach of these terms.
- PocketSprung will not be liable under these terms for any increase in the loss or damage you suffer resulting from your actions or a breach by you of these terms.
- Our liability for losses you suffer as a result of us breaching a contract for a Ticket is limited to the value of such Ticket and any booking fee or delivery fee that you have paid.
- You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these terms or default in the discharge of your obligations.
- Nothing in these terms shall have the effect of excluding or limiting either our liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).
11. If you breach these terms
- If you are in breach of, or we suspect you are in breach of, these terms then we may take any/all of the following actions:-
- issue a warning to you;
- cancel your order for Ticket(s);
- take legal action against you; and/or
- disclose such information to law enforcement authorities as we reasonably feel is necessary.
- The responses described above at section 10.1 are not limited and we may take any action we reasonably deem appropriate.
12. Termination
We have the right to terminate your access to the site at any time, without notice, for any reason, including without limitation, breach of these terms. We may also at any time, at our sole discretion, discontinue the site or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the site.
13. Waiver
If we delay or fail to enforce any of these terms it shall not mean that we have waived our right to do so.14. Assignment
We shall be entitled to assign any of our rights and obligations under these terms provided that your rights are not adversely affected.15. Severability
If it is found by a Court or any body of competent jurisdiction that any of these terms for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.16. Third Parties
Any person not a party to these terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case only we, the Venue and you (or your assignees permitted hereby) have rights and obligations under this contract.17. Entire agreement
- These terms, and the Additional 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 in reliance on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) by any person (whether party to these terms or not) other than as expressly set out in these terms.