VIP & Packages

Terms and Conditions of Packages

1. Introduction

1.1 Definitions: the following terms shall have the following meanings:

Accommodation any hotel rooms or other accommodation (reserved for use either prior to or after an Event) details of which are set out in the Advertisement

Advertisement the advertisement for the Event or the Package on the Website or elsewhere

Event the live music festival to be known as “Classic Rock presents High Voltage” which it an event, of whatever nature, the details of which is set out in the Advertisement

Hospitality any hospitality, services, entertainment, catering and/or drinks element of any type the details of which are set out in the Advertisement

Merchandise any goods, souvenir or other item of merchandise provided as part of the Package and as set out in the Advertisement

Order Confirmation Reference the code of numbers and letters given to you confirming that we have accepted your order

Package a package detailed in the Advertisement which may include without limitation: Merchandise; the Tickets; Travel; Accommodation; Hospitality or any combination of those for one person (unless stated otherwise in the Advertisement)

Price the price of the Package either as set out in the Advertisement or, if changed, as subsequently notified by us to you prior to purchase

Special Conditions the further terms and conditions and/or restrictions in relation to each Package specific to each Package, details of which are set out in the Advertisement

Terms and Conditions these terms and conditions relating to the purchase of Packages

Ticket a ticket for the Event

Travel the travel to and/or from the Event details of which are set out in the Advertisement

Venue the venue where the Event takes place, which it is proposed will be Victoria Park, London, subject to licence

Vouchers vouchers or equivalent documentation for Accommodation, Merchandise, Travel and/or Hospitality

We/us MAMA Festivals Limited, its subsidiaries, holding companies and any subsidiaries of its holding companies and their respective employees, directors, officers, agents, contractors and sub-contractors (as the context so requires

Website www.highvoltagefestival.com and any other websites owned or controlled by us or our agents
You the purchaser of the Package(s)

1.2 The Terms and Conditions shall constitute a binding contract between you and us when you order a Package.

1.3 Please make sure that you have read these Terms and Conditions before placing an order with us. In addition, please read these each time you make a purchase as these Terms and Conditions are subject to change without notice and the terms and conditions in force on the date you purchase the Package govern your purchase.

1.4 PLEASE BE AWARE THAT THERE MAY BE CERTAIN RESTRICTIONS OR SPECIAL RULES RELATING TO EACH PACKAGE (Special Conditions). The Special Conditions will form part of and be deemed to be incorporated in these Terms and Conditions.

2. Privacy

We operate a Privacy Policy to protect the information which we collect from you when you purchase a Package, which governs our use of this information, the terms of which are set out at http://www.highvoltagefestival.com/privacy-policy. Where you submit an order online, you will be asked to confirm your agreement to this privacy policy.

3. Ordering Process

3.1 When you place an order to purchase Package(s) from us by telephone or through the Website, you will be asked to enter or provide certain information including your name, address, contact telephone number, email address and debit/credit card details. This information is required to contact you and to process the transaction.

3.2 Your order represents an offer by you to us to purchase a Package or Packages which shall only be accepted by us and form a binding agreement between us when:

(a) we process your debit/credit card details successfully if you have chosen to pay by debit/credit card; or

(b) if you have requested we issue you with an invoice in respect of such Package or Packages, when we issue such invoice; or

(c) we either send you or inform you of the Order Confirmation Number,

whichever is the later of the above events. Whilst we will take care to ensure that all elements of an order are processed, you should check the order confirmation carefully. Any elements of a Package on the same order which we have not confirmed with the Order Confirmation Reference; which we do not confirm during the booking process; or in relation to which we do not debit your credit/debit card or are not set out on any invoice issued to you do not form part of our agreement and will not be supplied.

3.3 Except as set out below, and where you live in the EU, we will generally send you the Tickets and/or Vouchers and/or Merchandise by post. We aim to post Tickets or Vouchers or Merchandise (as relevant) within the 14 days prior to the Event taking place. IMPORTANT: If you have not received your Tickets or Vouchers or Merchandise (as relevant) 48 hours before the relevant Event, please contact our representative on 020 7688 2673. Please note, we will only post Tickets or Vouchers or Merchandise to the delivery address which you have provided at the time you place your booking.

3.4 Where you live outside of the EU we will generally aim to post the Merchandise (if applicable) to you. We will make Tickets or Vouchers available for collection.

3.5 We reserve the right to make Tickets or Vouchers or Merchandise available for collection at the Venue, or Accommodation or other place, where relevant, as notified to you prior to the Event. We are likely to do so where it becomes impractical to post Tickets or Vouchers or Merchandise to you, for example due to the proximity of an Event or circumstances beyond our control. You will be notified either at the time of booking or we will contact you using the details provided at the time of booking if this becomes necessary.

3.6 When you receive Tickets or other Vouchers please keep them in a safe place. You will be responsible for any loss, theft or damage to your Tickets or Vouchers. For security reasons, no duplicates or replacements will be issued.

3.7 No part of the Package sold is transferable, returnable (except as set out below) or exchangeable. No part of the Package is refundable and refunds will only be granted in those circumstances set out in Clause 10 below.

3.9 We reserve the right at any time and without prior notice to you to terminate any agreement between us and cancel any bookings where we reasonably suspect them (i) to have been made fraudulently, (ii) to have been purchased for resale or are resold or (iii) where you are otherwise in breach of these Terms and Conditions.

4. Limits and Availability

4.1 The maximum number of Tickets and/or Packages that you are entitled to order for each Event (if there is a maximum number) shall be as stated in the Advertisement (or at the point of purchase).

4.2 Packages are subject to availability at the time we process your order. Package availability, the items comprised in any Package, including, without limitation, the availability of rooms in hotels specified in the Advertisement and any applicable offers (including the Price) are subject to change at any time without notice. We will notify you of any changes prior to confirmation of your booking. You are advised to check all details carefully as, once your purchase has been notified to you, we are not able to exchange or refund your order. Refunds will only be given in those circumstances set out in Clause 10.

5. Packages

5.1 A Package may comprise a Ticket to the Event, Hospitality, Accommodation, Merchandise or Travel or combination of them as set out in the Advertisement.

5.2 Unless an item is specifically referred to as included within the Package you should assume that it is not included in the Package and you should make your own arrangements.

6. Travel, Accommodation and Hospitality

6.1 Packages are additionally where relevant made subject to the terms, conditions and restrictions imposed by the relevant travel company and operator of any Accommodation. We will where possible set these out in the Special Conditions. You must however satisfy yourself that the Travel and Accommodation provided are to your satisfaction and meet your requirements. Whilst we will correct any inaccuracies or investigate any errors, as we use a variety of service providers we rely on the information provided to us (unless it is not reasonable for us to do so). Accordingly, we cannot accept liability for any descriptions given by the owner or operator of the Accommodation or travel company.

6.2 The Travel included in the Package, if any (and unless stated otherwise), comprises transport to and from the Venue from the Accommodation or such location specified in the Package on the day or night of the Event only.

6.3 You will be required to pay for all sundries whilst you are at the Accommodation.

6.4 Upon checking in to your Accommodation you may be charged a deposit. This arrangement shall be strictly between you and the hotel which provides the Accommodation itself. We cannot accept responsibility or liability for the return or loss of such monies.

6.5 You shall at all times strictly adhere to the Rules and Regulations of the Accommodation provider and shall at all times behave in a proper and orderly manner whilst in and around the Accommodation and not in such a manner which may cause a nuisance or disturbance to guests, staff or neighbours of the Accommodation. Full details are available from each Accommodation provider. Breach of any of these Rules and Regulations or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle the Accommodation providers to eject you from the Accommodation and we shall not have any liability for such ejection or any loss, damage, costs, claims or expenses which you may suffer as a result of such ejection.

6.6 You shall be responsible for the costs of any sundries which are ordered at the Accommodation and we shall not have any liability to meet the costs of such sundries.

6.7 Where the Hospitality included in a Package is stated in the Advertisement to include free food and beverages or bar facilities, we reserve the right to refuse to serve you if we have reasonable grounds to believe that you are providing such food and beverages to persons who have not bought a Package of the same or a higher Price than that paid by you. We also reserve the right to refuse to serve you any beverages if we have reasonable grounds to belief that you are intoxicated and your behaviour is inappropriate, aggressive, offensive and/or may cause harm to yourself or others.

7. Responsibilities

7.1 Once the booking form has been signed, you or the person who has placed the booking on Your behalf (the “Party Leader”) accept responsibility for the good conduct of Yourself and all persons on whose behalf You have made the booking (each a “Party Member”). It is the Party Leader’s responsibility specifically to ensure that:

(a) Neither s/he nor any Party Member under 18 years of age consumes alcoholic drinks unless written permission from a parent or guardian can be produced

(b) All local laws relating to the consumption of alcohol are at all times obeyed

(c) No Party Member smokes in a designated non-smoking area at the Event or in the Accommodation or in any way causes a fire hazard

(d) Party Members act in a responsible fashion and do not behave in a way likely to cause damage to property or offence or danger, to other people

(e) The Party Leader is responsible for any damage or loss caused which must be paid at the time direct to the Accommodation provider or other supplier. If you fail to do so, you will be responsible for meeting any claim subsequently made against us as a result as well as our legal costs.

(f) If the behaviour of any member of any party is causing or is considered likely to cause offence, danger, damage to property and/or distress to others, we reserve the right at all times, without prior notice, to terminate the booking of the person(s) concerned or, at our discretion, that of the whole party. If, for example the Accommodation provider considers that the behaviour is unacceptable they are authorised to terminate a booking wherever and whenever necessary and require the person(s) to leave the Accommodation or property. In this situation we will not have any further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of termination. Cancellation charges will apply.

8. Event Admission

8.1 Any Package including a Ticket will admit one person only to the Event (unless the Package is expressly stated to include more than one Ticket to an Event).

8.2 TICKETS ARE ISSUED SUBJECT TO ANY RELEVANT TERMS AND CONDITIONS OF ENTRY TO THE VENUE. Specific terms relating to the Event may be contained in the Advertisement. Terms and conditions relation to entry to the Event are available from our Website at http://www.highvoltagefestival.com/terms-and-conditions/

8.3 You may be refused admission if the Ticket is damaged, copied, defaced, or otherwise mutilated.

8.4 You must obey all reasonable notices and directions given by the Venue.

8.5 We (or the management of the Event or the Venue, their employees and/or agents) have the right to refuse admission or eject the holder of any Ticket who in their opinion is intoxicated, in possession of a prohibited item or is or will be disruptive to the event or the enjoyment, comfort or safety of other spectators, or commits any offence. A refund will not be given to anyone for all or any part of the Package in these circumstances.

8.6 You agree to abide by all other terms and conditions and any other rules, laws and safety regulations, which may apply at the Venue where such terms are brought to your attention.

9. Alteration to Advertised Packages

9.1 Every reasonable effort will be made to provide the Packages as advertised or confirmed. We do however reserve the right to substitute any element for its suitable equivalent. We also have the right to change the Price at any time before purchase.

9.2The arrangements for the Event are put together in good faith and many months in advance and we must therefore reserve the right to make alterations to and correct any errors to the details before and after your booking has been confirmed. Changes will mostly be minor such as the withdrawal of certain facilities.

9.3We reserve the right to change or alter the advertised programme and line-up without prior notification or liability to refund or part refund existing customers.

10. Event Cancellations / Postponements

10.1 If an Event is cancelled or postponed, we will use our reasonable endeavours to notify you of the cancellation or postponement once we have received authorisation from the Event management. Please note that we cannot guarantee that you will be informed of such cancellation before the date of the Event.

10.2 If an Event is rescheduled or postponed, we will where possible use our reasonable endeavours to offer you tickets to the rescheduled Event (together with the associated Travel, Accommodation and Hospitality if the same formed part of your original Package), equivalent to the value of the Ticket, Hospitality, Accommodation and Travel forming part of the original Package. If the Event is cancelled, if we are unable to provide you with Tickets to the rescheduled Event or if you are unable to attend the rescheduled Event, you will be entitled to a refund of the elements of the Package not provided to you.

10.3 We reserve the right to cancel or withdraw any part of any Package at any time, whether or not an Event is cancelled or postponed. If we elect to cancel or withdraw any element of the Package we will contact you on the details provided when booking the Package. We will at our option offer to either:

• refund the Price paid by you in full if no part of a Package is provided; or
• refund the price for those elements of the Package cancelled or withdrawn; or
• offer the Package to you for a different date. If you are not able to attend any rescheduled date we will offer you a full or partial refund as set out above.

11. Special Requests

11.1All special requests should be notified to us at the time of making the booking. If it is not possible to notify us of a special request at the time of making the booking or you are not aware that you need to make a special request at the time of making the booking you should notify us of the special request as soon as you become aware that it will need to be made.

11.2 We regret we cannot promise that any requests will be complied with unless we have specifically confirmed this in writing. Confirmation that a special request has been noted or passed on to the Accommodation provider on the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.

11.3 If you or any member of your party has any medical problem or disability which may affect the arrangements of that person in connection with the Event, please tell us at the time of making the booking so we can advise as to the suitability of the Event. If we feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline/cancel their reservation.

11.4 We shall not be liable for any failure to comply with a special request.

12. Limitation of Liability

12.1 We shall not be liable to you for death, personal injury to you or loss or damage caused to your personal property unless it is caused by our deliberate, wilful or negligent act or omission or any breach of statutory duty (where our liability is not limited).

12.2 You acknowledge that we do not control the activities of the artist and accordingly we cannot be held responsible for any loss or damage of any kind, resulting from any delay in or overrun to artist’s performance at any Event or from any death, personal injury to you, or loss or damage caused to your personal property caused by the artist.

12.3 Subject to Clause 12.5, we will be responsible for any losses you suffer as a result of a breach by us of these Terms and Conditions where those losses were reasonably foreseeable to both you and us at the date you place your order. We will not be responsible for any business or economic losses (including but not limited to loss of profit, revenue, contracts, anticipated savings or opportunity) or any other indirect loss that is not reasonably foreseeable to both us and you when the order was made.

12.4 Except as otherwise set out in these Terms and Conditions and any other applicable terms and conditions and unless caused by an error or fault on our part we will not be liable to you, anyone accompanying you or any Package holders for any unavailability, delay or non-delivery of Tickets, Vouchers or any element of any Package, or any other acts or omissions that are beyond our reasonable control.

12.5 Subject to Clause 12.1, in any event, our maximum liability to you (or anyone accompanying you or the holder of any Package purchased by you) under these Terms and Conditions is to refund to you the Price paid by you for the Package.

12.6 We regret that we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is affected by reason of circumstances amounting to ‘force majeure’. In these Terms and Conditions ‘force majeure’ means any event which we or the provider of any element of the Package, including, without limitation, the relevant Accommodation provider could not, even with all due care, foresee or avoid. Such events may include, without limitation war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and similar events beyond our control.

12.7 You shall be responsible for all costs, claims, damages, losses, expenses and liabilities which you may incur as a result of a breach by you or your party of the Rules and Regulations of the Event, the Rules and Regulations of the Accommodation provider, any damage or harm to property or to persons which arises as a result of your or your party’s acts or omissions at the Event or within the Accommodation, any nuisance caused wholly or partly directly or indirectly by you or your party, the negligence or you or your party and all acts and omissions of you and your party and you shall indemnify and hold us harmless from and against all losses, damages, claims, costs and expenses (including, without limit, reasonable legal expenses) suffered or incurred by or awarded against us as a result of the any of the matters referred to above in this clause 12.7

12.8 Nothing in this Agreement shall exclude or be deemed to exclude liability for death or personal injury arising from the negligence of either party or any person for which that party is vicariously liable or for any other liability the exclusion or limitation of which is prohibited by law.

13. Non Transferability of Packages

13.1 You are entitled to purchase Tickets for use only by you and by any person(s) intending to accompany you as your guest, provided that those person(s) do not pay to you more than the Price. Ticket holders may be refused entry if they are not accompanying you, the purchaser. You must ensure that any person(s) accompanying you are aware of these Terms and Conditions and the Special Conditions.

13.2 No part of the Package including any Ticket may be transferred for profit or commercial gain, re-sold, exchanged or given to a third party, offered as an incentive, giveaway or a prize in a competition or otherwise disposed of. Any attempt to do so will result in the Package being withdrawn and at our option any Ticket or Voucher becoming void.

13.3 If any element of the Package including a Ticket is so transferred by anyone other than us or our authorised agent, the holder of such Ticket may be refused entry to, or be ejected from the Venue and the holder of such Tickets will be required to deliver up the Ticket on demand. In those circumstances, we reserve the right not to fulfil any other Voucher.

14. Alteration and Severability

14.1 If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed deleted provided that: the deletion of that term will not affect the validity and enforceability of any remaining condition(s); if the commercial purpose of these terms is materially affected, we and you will agree alternative terms and conditions without such invalid and or void conditions.

14.2 No variation to these Terms and Conditions or any agreement between us which you make or purport to make will be valid and effective unless it has been acknowledged and agreed in writing by us.

15. Waiver

If you breach these Terms and Conditions and we take no immediate action, we will still be entitled to assert our rights in relation to any such breach and to in relation to any further breach of these Terms and Conditions.

16. Contracts (Rights of Third Parties) ACT 1999

The provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this Agreement and to this end you acknowledge that these Terms and Conditions do not give any third party the right to enforce any of the terms against us.

17. External Websites

We do not control external websites which are linked to the Website and we can therefore not be held responsible for their content.

18. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English Courts, save in relation to enforcement of any judgment, in which case such jurisdiction shall be non-exclusive.