In the Night Garden Live Terms and Conditions

This site is operated by Family Tickets Ltd ("us", "we"). By using the site, you agree to be held by these terms and conditions, so please read them carefully.

 

Terms and conditions of sale

1. Definitions and interpretation

Event” means an entertainment event including, without limitation, a concert, exhibition, sports, theatrical and/or music event to be held at a Venue in respect of which we have the right to sell You Tickets.

Tickets” means tickets or other types of evidence (including electronic tickets) for an Event sold by Us to You on behalf of the organisation responsible for the Event for the right to occupy space at or to attend an Event.

Venue” means any facilities or locations of any nature where the Event is being held.

We” means Family Tickets Ltd. “Us” and “Our” shall be read accordingly.

You” means you or anybody who in Our reasonable opinion is acting with your authority or permission. “Your” shall be read accordingly.

Promoter” means the person firm or company staging the Event if different from Us and the Venue.

Group” means group organisers, charities, travel and coach companies or other organisations that We have agreed to sell to knowing that the Tickets are intended for resale.

2. Incorporation

These Terms and Conditions incorporate and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations, copies of which are available upon request from the Venue. 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.

Family Tickets Ltd is a member of The Society of Ticket Agents and Retailers. These Terms and Conditions are an extension of STAR’s Code of Practice which is available from STAR (0844 879 4272, www.star.org.uk)

3. Tickets

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 Tickets constitutes acceptance of these Terms and Conditions. A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.

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 us immediately if there is a mistake.

We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets. For example for non-seated events where there is a possibility of both the original and duplicate tickets 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. If duplicates are being issued, a reasonable administration charge may be levied. We and the Promoter 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.

 Where a concession is claimed, proof of identity and concession 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. Price and payment

The price of the Ticket shall be the price set at the time We accept Your order. All prices set are inclusive of any applicable taxes but exclusive of any booking fee and collection or delivery fee.

No order will be accepted until We have received full payment. 

Other requirements regarding the need for clear and transparent pricing information to be supplied at the time of sale, including booking fees, are covered in the STAR Code of Practice.

5. Delivery

Family Tickets Ltd aims to dispatch purchased tickets as soon as possible.

Tickets will only be delivered to the billing address of the debit/credit card holder unless We specifically offer You the facility for Tickets to be sent to an alternative address.

If Your Tickets are not being held at the Venue box office, and You have not received Your Tickets from Us 72 hours prior to the Event, please contact Us.

If Tickets dispatched by Royal Mail ordinary post, special delivery or registered post are returned to Us as “addressee unknown” We reserve the right to cancel Your booking and make a refund of the Ticket price only.

We reserve the right to make Tickets available for collection at the Venue box office. You will be notified by telephone, email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary. Where there is not enough time to deliver Tickets, You will be told at the point of purchase the arrangements for collection of Your tickets. Where you are collecting your tickets from Us, in person, there will be no charge made for this service.

If You are collecting Your Tickets from the Venue box office, You must have Your acknowledgement of order and the credit/debit card used to make the order with You.

You will be able to collect Your Tickets one hour prior to the start of the Event unless otherwise indicated within the Venue terms and conditions.

6. Changes to event

The organiser of the Event and/or the Venue reserves the right to make alterations to the published Event programme where reasonably necessary.

7. Refunds/exchanges

Except where We offer an applicable Ticket exchange or resale facility, Tickets cannot be exchanged or refunded after purchase unless the performance is cancelled or rescheduled (subject to below) or where there is a material change to the programme of Event. Where an Event is cancelled or rescheduled (subject to below) 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. 

A ‘material’ change 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.

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 beyond the refunds that may be payable under the Venue’s or Promoter’s rules.

Where such 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 equals at least the face value price paid or, if the face value has been reduced by the organiser, the discounted face value price paid in accordance with the STAR Code of Practice. In order to claim Your refund, please apply in writing to Your point of purchase, enclosing Your complete unused Tickets, if received, promptly within 28 days from the date of the Event. 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 except, at Our discretion, where payment was made by cash.

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, Consumer Direct (http://www.consumerdirect.gov.uk/) or the Department for Business Innovation and Skills.

8. Liability

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 7.

Neither We nor the Venue nor the Promoter 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 the Promoter or other breach of statutory duty. 

9. Cancelled/rescheduled events

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.

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.

For football matches, no guarantees can be given that the Event will take place at a particular time or on a particular date. We, the Venue and the Promoter reserve the right to reschedule any such Event-without notice and without any liability whatsoever. The details given on football tickets are indicative only and it is Your responsibility to check the final arrangements for any matches for which you have tickets including the date and Kick-off time of any such Event.

10. Use of details and data protection

 For information on how we use information and Data Protection see the Privacy Policy.

11. Resale/use of tickets and property

You may not re-sell or transfer a Ticket if prohibited by law. In addition, re-sales or transfers of Tickets may be prohibited for certain events subject to the specific terms and conditions of those events (for example but not exclusively limited to charity events or events where age restrictions may apply because of content of the entertainment or licensing requirements). Where a Ticket is offered for resale in line with these terms and conditions, you must provide to the buyer full details of the ticket. Full details include, if printed on the ticket, the block or tier, row and seat number.

Buyers must also be made aware of these terms and conditions and any other terms and conditions that are specific to the event. You should check whether any special terms apply before offering a free Ticket for resale. Free tickets are often provided for specific reasons limiting their transferability

12. Void tickets

Tickets 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 Tickets are non-refundable.

 13. Restrictions on the purchase of tickets

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 Agent’s agreement, without prior notice unless the purchase of an excess was due to Our error.

14. Conditions of Admission

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:

1) has behaved in the Venue in a manner which, in the reasonable opinion of the Venue 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 acting under the influence of alcohol or drugs; or

4) fails, when required, to produce proof of identity or age.

You must comply with instructions and directions given by Venue staff and stewards.

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.

15. Restrictions and prohibitions

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 recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of an Event in breach of these conditions shall belong to the Promoter. The 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 Promoter may use such films and recordings (including any copies) without payment.

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 materials.

Mobile telephones and messaging equipment must be switched off during the Event.

Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted unless within a designated smoking Area (if any).

The following are not permitted within any Venue:

1) animals (with the exception of guide dogs);

2) laser pens

3) Your own food and drink (unless permitted by the Venue);

4) bottles, cans or glass containers (unless permitted by the Venue);

5) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives); and

6) 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 or the Event or is one of the items not permitted in the Venue as listed 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, congregating in nondesignated areas or seeking entry to stands or seats for which You do not hold a Ticket is strictly forbidden.

16. Health and Safety

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.

17. Dispute Resolution

If any dispute arises out of these Terms and Conditions, We will attempt to settle it. To this end 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.

Although this does not restrict your rights to pursue court proceedings, if we are 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 to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out, the procedures to be adopted, the process of selection of the mediator and the costs involved, and which terms are deemed incorporated into this agreement.

STAR can be contacted at:

PO Box 43

LONDON

WC2H 7LD

Telephone: 0844 879 4272

email: info@star.org.uk

18. Waiver

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.

19. Assignment

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.

20. Severability

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.

21. Third Parties

Any person, other than the Venue or Promoter, not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term 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 onlyWe, the Venue, the Promoter and You (or your assignees permitted hereby) have rights and obligations under this contract.

22. Force Majeure

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 7.

23. Amendments and variations

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 everything that You consider has been agreed. If they do not then you should speak to any member of staff. 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).

24. No Partnership or Agency

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.

25. Entire agreement

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 set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.

 26. Governing Law and Jurisdiction

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.

Terms and Conditions applying specifically to sale of online merchandise

1. No contract for the sale of any product will exist between you and us until we dispatch the product(s) ordered.

2. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.

3. Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.

4. In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.

5. Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

6. By purchasing you confirm you are legally capable of entering into binding contracts, you have full authority, power and capacity to agree to these terms of sale and the information provided in your order is accurate and complete.

7. We will arrange for the products to be delivered to the address for delivery indicated in your order.

8. Every purchase you make shall be deemed performed in United Kingdom. UK law shall govern every aspect of contractual agreement concerning purchases made from the site.

9. We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 7 days of the date of our order confirmation.

10. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. We are not able to supply dates our suppliers may get an item in stock.

11. For Christmas Deliveries, we recommend that you order by the 14th December. We will endeavour to dispatch all ‘in stock’ orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.

12. The goods will be at your risk from the time of dispatch.

13. Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.

14. Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).

15. In order to cancel a contract in this way, you must give to us written notice of cancellation by email to helpdesk@nightgardenlive.com ensuring that you quote your name, address and order reference number; or where you have already received the goods, returning the goods to us unopened together with the original invoice.

16. Once we receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to us from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by us in the condition that they were in when delivered to you. You may be liable for any charges incurred in returning the goods.

17. We reserve the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at our sole discretion. But also reserve the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.

18. You will not have any such right insofar as the contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of newspapers, periodicals or magazines; (iii) the supply of goods made to your specifications or clearly personalised; or (iv) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

19. If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.

20. For orders made from the UK or the European Union, the standard rate of VAT is added where applicable

21. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms and conditions.

22. Family Tickets Ltd shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

23. Although we take ever care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our web pages. The extent of our liability for any breach of these terms and conditions shall be limited to the value of the goods ordered by you in the relevant transaction, however nothing in these terms and conditions shall exclude or limit our liability for death or personal injury as a result of our negligence.

24. We accept no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to any item delivered that is caused by any event or circumstance beyond our reasonable control.

25. If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

26. These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

Terms and conditions applying specifically to presale registration

Presale registration (the “Service) is owned by Family Tickets Ltd* (“we”, “us”). By using this Service, you agree to be held by these terms and conditions, so please read them carefully. If you do not accept these terms and conditions you should not use the Service.

Privacy

By registering for the presale you give us permission to email you, so we can email you regarding nearest show locations and tell you when new In the Night Garden Live performances go on sale near you. We may also email you about other relevant events and services available from Family Tickets we think you will be interested in. You may unsubscribe at any time. See our privacy policy for details.

Availability and registration

1. We have taken reasonable care in the preparation of the Service. However, we cannot guarantee that you will have uninterrupted access to the Service at all times and we reserve the right to modify, suspend or withdraw the Service at any time, without notice or liability. We reserve the right in our absolute discretion to monitor, suspend, revoke or otherwise limit access to this Service for any person at any time.

2. We cannot guarantee access, availability or compatibility of the Service with any specific device.

3. The Service is available on our website www.NightGardenLive.com and access to the Internet is required to use it.

4. We expect registration for the Service will be available from 17 September 2018 until 1pm 5 October 2018.

5. The Service is free to use. No payment is required.

6. You must sign up to use the Service with your first name, last name and valid email address.

7. You must be aged over 18 to register for the Service.

8. You must be a UK resident and enter your UK home address to receive a poster and colouring sheet pack (“Gift Packs”).

9. Gift Packs are subject to availability.

10. Gift Packs will only be dispatched to UK addresses and we will not be responsible for the failures of third party delivery companies.

11. The decision of Family Tickets in all matters relating to the Service will be binding and final.

General Terms and Conditions

Opting out of email contact

If you object to receiving email from us you can opt out at any time by clicking an unsubscribe link in any of the emails you have received, or by emailing helpdesk@nightgardenlive.com at any time. You can also call us on 0330 120 0123 9am-6pm UK time Monday to Friday, 9am - 5pm weekends and bank holidays.


Contact details

helpdesk@nightgardenlive.com
0330 1200 123 - Lines open 9.00am-6pm (weekdays) and 9.00am – 5pm (weekends and bank holidays).


In the Night Garden Live is produced by Minor Entertainment Ltd under licence from DHX Worldwide Limited. Ticketing by Family Tickets Limited.

© 2018 DHX Worldwide Limited. In the Night Garden and all related characters, titles and logos are trademarks of DHX Worldwide Limited. All Rights Reserved.

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