TERMS AND CONDITIONS
1. The purchase of this ticket by you from the authorised Ticket Agent Winchester & District Round Table no. 63 (The Organiser), entitles You to gain entry to the Fireworks Festival staged by Winchester & District Round Table Charitable Trust at the venue River Park as advertised. Only customers holding a valid Ticket will be admitted to the Event. Your Ticket may be invalidated if any part of it is removed, altered or defaced.
2. This Ticket is issued subject to the terms and conditions contained herein. Purchase of any Ticket constitutes acceptance of these Terms and Conditions on Your behalf and on behalf of any person for whom you are purchasing Tickets.
3. The Terms and Conditions are subject to change from time to time without notice and at our discretion. We will notify you of amendments to the Terms and Conditions by posting them to this website (www.winchesterbonfire.co.uk).
4. Please check Tickets carefully as errors cannot always be rectified following purchase. Tickets are not issued on a sale or return basis and refunds will not be made on returned Tickets unless otherwise provided under the Terms and Conditions.
5. The Organiser is not responsible for any Ticket that is lost, stolen or destroyed. You are solely responsible for the safety of Your Ticket. It is not always possible to issue duplicate Tickets. If duplicate Tickets are issued, a reasonable and appropriate administration fee may be charged.
6. Purchase 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, trademarks, logos and/or intellectual property appearing on the Ticket.
7. Neither the Venue nor the Organiser nor the Ticket Agent shall have any further liability beyond the face value of the Ticket purchased.
8. In the event of a cancellation, postponement or Material Alteration of the Event (defined below) in the first instance, your Ticket price will form a charitable donation to the Winchester & District Round Table Charitable Trust for its charitable work. You will be entitled to a refund in accordance with the terms and conditions or refund policy of the authorised Ticket Agent from whom You purchased a Ticket. Where the cancellation takes place part-way through an Event, at the discretion of the Organiser, You may only be entitled to a partial refund of the face price Ticket value. Personal arrangements including travel, subsistence and accommodation in relation to the Event which have been arranged by You are made at Your own risk and neither the authorised Ticket Agent nor the Organiser will have any liability for any such loss of enjoyment or wasted expenditure. Material Alteration is a change which in our reasonable opinion makes the Event materially different to the Event which purchasers of the Ticket could reasonably expect. Changes to performance times, acts and performers/participants shall not be considered a Material Alteration and the Organiser will not be liable for such changes. A Material Alteration is judged by reference to the nature, form and billing of the Event. The Event is judged and valued by reference to the overall theme rather than any individual act, performer or participant scheduled to appear. No scheduled acts may be considered as headline acts, regardless of their relative fame or prominence in the billing. Hence cancellation by an artist will not entitle You to a refund, regardless of their position on the bill.
9. In the event that You are entitled to a refund, please refer to the terms and conditions of the authorised Ticket Agent from which You purchased Your Ticket for details of how to claim that refund. You may not be entitled to obtain a refund if You fail to follow the instructions provided within the notified time frames. Refunds will only be made to the person who purchased the Ticket(s).
10. It is Your responsibility to check that the Event has not been cancelled, rescheduled or made the subject of a Material Alteration. Information on such matters will be made available on behalf of the Organiser as soon as reasonably practicable on the Event website and/or at the Venue and/or on Social Media. Customers are advised that the website cannot always be updated immediately and that circumstances giving rise to cancellation, postponement or Material Alterations can sometimes arise at late notice or immediately prior to an Event.
11. Tickets will not be refunded once they have been used to gain entry to the Event, or where You are given the option to attend a postponed Event on an alternative date.
12. Tickets are personal revocable licenses and shall at all times remain the property of the Organiser and subject to these Terms and Conditions. You may not re-sell or transfer a Ticket for commercial gain. If a Ticket is re-sold, transferred or advertised for profit or commercial gain or used for competitions, promotions or hospitality packages by anyone other than the organiser, or an authorised sub-agent, it will be void and You will be refused entry to, or ejected from, the Venue without refund. Should You re-sell a Ticket to a third party you may find that the third party brings a legal claim against You for selling a Ticket which does not permit access to the Event. The organiser reserves the right to cancel any Ticket booking which it reasonably believes to have been made with a view to re-sell Tickets or where the Ticket has been purchased using fraudulent means, including credit card fraud.
13. Tickets may be restricted to a maximum number per person per credit card or per household. These restrictions will be notified to you by the Ticket Agent before you make your booking. The Organiser reserves the right to cancel Tickets purchased in excess of this number without prior notification to you of such cancellation.
14. This is an outdoor event and, and as such is subject to the prevailing weather conditions. In the event that it is deemed unsafe for any scheduled display, event or activities to take place the Organiser may reschedule the Event or cancel it in its entirety. As per clause 8 above, if the Event is cancelled entirely, the Organiser may refund the face value price of the Ticket on receipt of a valid Refund Application. If part of the Event is cancelled, i.e. the firework display itself, the Organiser may refund some or all of the purchase price of the Firework Ticket in its absolute discretion, but shall be under no obligation to do so.
15 In the event that it is deemed unsafe for the scheduled display, event or activities to take place the Organiser may reschedule the Event or cancel it in its entirety. As per clause 8 above, if the Event is cancelled entirely, the Organiser may refund the price of the Ticket to its face value. If part of the Event is cancelled, i.e. the firework displays itself, the Organiser may refund some or the entire purchase price of the Ticket in its absolute discretion, but shall be under no obligation to do so.
16. By attending the Event, you give Your express consent to Your actual or simulated likeness being included 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, the copyright to which shall be owned by the organiser or its contractors without payment or compensation. If you attend an Event with Your child aged under 18 years you give the foregoing your express consent on their behalf. This includes filming by the police or security staff that may be carried out for the security of customers.
17. Security staff may ask to look inside Your bag. This is to ensure everyone’s safety. Please don’t be offended. We ask for your co-operation in this regard.
18. Please take care of your personal property at the Venue. Neither the Organiser nor the Venue can be held responsible for any personal property that is lost or damaged during the Event.
19. The following age restrictions apply and ID may be required to gain entry:
19.1 Entrants to the site aged 10 and under must be accompanied by an adult aged 18 years and above.
20. The Organiser reserves the right to remove persons from the Venue for any reason including, but not limited to, behaviour that is; likely to cause damage, annoyance, or harm to others, health and safety reasons, if the Event staff believe that You are under the influence of drugs or alcohol, if You fail to produce proof of identity or age, or if You refuse to comply with the Organiser’s security searches.
21. Please note that prolonged exposure to loud noise may cause damage to hearing. Please be aware that strobe lighting may be using during certain activities during the Event.
22. The Event operates licensed bars and you need to be over the age of 18 to purchase alcohol at the Event. Please be aware that our Event staff operate a challenge 25 policy and if, in their reasonable opinion, you look younger than 25 year of age you may be asked to provide ID. If you are unable to provide ID on request you will not be served alcohol at the Event.
23. You undertake to comply with any and all instructions given to you by the Organiser and/or all Venue staff at the Event. In particular You are required to comply with all safety advice, site signage and ‘no smoking areas’. Normal statutory rules and regulations apply and should be observed at the Event. Failure to do so may result in ejection from the Venue.
24. You shall not be permitted to bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.
25. To the extent permitted by law, personal information provided by You to the Organiser will be used for all purposes reasonably connected with the operations of the Event and the Organiser including (but not limited to): providing You with details of forthcoming connected events, offers and services; providing You with updates as to the latest concessions or any changes thereto and information concerning competitions and other promotional activity, supplying You with the goods that You request or in which the organiser reasonably believes You may be interested, conducting market research and establishing customer profiles, and transferring or disclosing the information provided to the Organiser’s professional advisors and such other parties as it considers necessary in the administration of its business. The organiser will not use or disclose Your personal information other than as set out in these terms and conditions without Your prior consent. You will be given the opportunity to unsubscribe from such marketing communications when You place Your order and You can unsubscribe from any email communications You receive from the Organiser by following the unsubscribe link.
26. Access to each designated area within the Venue is subject to capacity and the Organiser accepts no liability and will not offer any Ticket refunds if You are unable to access an area due to that area being at maximum capacity. You may be required to queue so please arrive early to avoid disappointment.
27. The Organiser takes the needs of customers who are disabled and those who have access requirements very seriously and actively encourages people of all abilities to attend the Event. There is a disabled viewing area Only disabled ticket holders will be admitted onto the viewing parea due to capacity limitations and no exceptions will be made.
28. You agree that the Organiser, its servants or agents will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused (including by the Organiser or its servants or agents): (a) in any circumstances where there is no breach of a legal duty of care owed by the Organiser or any of its servants or agents; (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 the Organiser, its servants or agents); and/or (c) to the extent that any increase in any loss or damage results from the breach by You of any of these Terms and Conditions.
29. In the event that you believe you have a legitimate complaint that may give rise to a claim against the Organiser, you are required to notify the Organiser in writing to [email protected] of such complaint within 28 calendar days of the Event. If so notified, the Organiser undertakes to investigate and consider the nature and cause of the complaint.
30. For the purposes of these terms and conditions, Force Majeure means any cause beyond the Organiser’s control including, without limitation, an act of God, war, insurrection, riot, civil disturbances, acts of terrorism (or the threat thereof), fire, explosion, flood, royal mourning, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather (including but not limited to high winds), third party injunction, national defence requirements and/or acts or regulations of national or local governments. The Organiser 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.
31. You agree that the Organiser shall not be liable to You for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Event and/or our obligations hereunder including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions
32. The Organiser will not have any liability to You whatsoever for loss or expenses incurred in connection with the Event or any cancellation of the Event, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Event or the cancellation of the Event.
33. The Organiser shall not be liable for the acts or omissions of the operators of the Venues, for any personal injury suffered at the Venue (unless due to the act or omissions of the Organiser) or any loss, theft or damage to your property including but not limited to clothes at the Venue (unless due to the act or omissions of the Organiser).
34. To the fullest extent permissible in law, the Organiser shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that your rights are not adversely affected.
35. If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of the Terms and Conditions valid or enforceable.
36. If the Organiser delays or fails to enforce any of the Terms and Conditions it shall not mean that the Organiser has waived its right to do so.
37. Any person, other than the Organiser, 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.
38. Nothing in the Terms and Conditions and no action taken by You or the Organiser under the 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 fiduciary relationship between You and the Organiser.
39. The Terms and Conditions constitute the entire agreement between the parties in connection with the subject matter of the Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between you and the Organiser relating to the subject matter of these terms and conditions.
40. Nothing in the Terms and Conditions shall purport to exclude liability for fraud or fraudulent misrepresentation.
41. The Terms and Conditions shall be governed by the laws of England and Wales and parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
42. Prohibited items: Alcohol
anything that could reasonably considered for use as a weapon
Nitrous Oxide and legal highs
Food or drink apart from soft drinks or water in plastic bottles
Excessive quantities of cigarettes (ie more than for personal consumption)
Glass of any kind, including perfume and cologne bottles, beer bottles, jars or drinking vessels
Portable laser equipment and pens
Large sound systems
Unofficial tabards or hi vis jackets
Professional camera or video equipment
Any items confiscated will not be available for collection on exit from the festival and will be destroyed.
43. Alcohol cannot be brought into the festival site. It is illegal to attempt to buy alcohol if you are under 18 and it is illegal to buy alcohol for another person who is under 18.
44. Lost property will be collected during the event and held at the security office. When the event is over it will be disposed of with 7 days of the event.