1. Definitions and Interpretation
“Event” means an entertainment event including, without limitation, Santas Grotto, Ice Skating or theatrical performances to be held at a Venue in respect of which Eskimo Jo Events have the right to sell You Tickets. “Tickets” means tickets or other types of evidence (including electronic tickets) for an Event sold by Eskimo Jo Events 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. “EJE” means Eskimo Jo Events Limited. “You” means you or anybody who in EJEs 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 EJE and the Venue.
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.
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 or reference number must be produced to get into an Event. 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.
4. Price and payment
The price of the Ticket shall be the price set at the time EJE accept your order. All prices set are inclusive of any applicable taxes but exclusive of any booking fee, collection or delivery fee and, if applicable and requested by you any insurance product. No order will be accepted until EJE has received full payment. You agree to us debiting or authorising the amount of the total ticket purchase price including commission, VAT, etc. from your credit/debit card - we'll confirm to you how much this will be before you confirm the purchase.
5. Delivery
Unless notified to the contrary, e-tickets will be issued by email to the email address supplied at the point of purchase, to be exchanged at the Venue box office for entry. No paper tickets will be issued by EJE.
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
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 EJE’s control, or where there is a material change to the programme of the Event. You will be entitled to claim a refund from EJE in accordance with this clause. A ‘material’ change is a change, which, in EJE’s reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. Where an outdoor Event is cancelled or curtailed because of adverse weather, EJE 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 EJE’s 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 order to claim Your refund, please apply in writing to Your point of purchase, enclosing Your complete unused Tickets, if received, promptly (which must be no later than 3 months from the scheduled 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 EJE’s discretion, where payment was made by cash.
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 EJE 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 EJE’s 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, EJE will use EJE’s reasonable endeavours to notify You using the details You provided to EJE at the time of ordering. EJE do not guarantee that You will be informed of such cancellation before the date of the Event. It is Your responsibility to inform EJE of any change to the contact address, telephone number or email address that You provide EJE with at the time of ordering.
10. Use of personal details and Data Protection
EJE collects data supplied by You on behalf of the Promoter. When purchasing your tickets you will be given the opportunity to ‘opt in’ to receive additional information about future events,etc. Payment is taken via a secure payment gateway and the data is not collected or stored by EJE.
11. 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 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.
12. 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. Smoking is not permitted unless within a designated smoking Area (if any). Every effort shall be made to admit latecomers to Events at a suitable break in the Event, but late admission cannot be guaranteed.
13. 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.
14. Waiver
If EJE delay or fail to enforce any of these Terms and Conditions It shall not mean that EJE have waived our right to do so.
15. Assignment
EJE shall be entitled to assign any of EJE’s rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected.
16. 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 only EJE, the Venue, the Promoter and You (or your assignees permitted hereby) have rights and obligations under this contract.
17. Force Majeure
For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond EJE’s 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. EJE 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.
18. Amendments and variations
EJE 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 EJE agree.
19. 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.
20. 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
