Terms and conditions (T&Cs) - The Guild Lounge
Definitions and interpretation
- Event - means an entertainment event including, without limitation, a concert, exhibition, theatrical and/or music event to be held at the Venue in respect of which We have the right to sell Your Tickets.
- Tickets - means tickets or other types of evidence (including electronic tickets) for an Event sold by The Guild Lounge to You on behalf of the Promoter responsible for the Event for the right to occupy space at or to attend an Event.
- Venue - The Guild Lounge, Preston Guild Hall, Lancaster Road, Preston, PR1 1HT and any other venue / performance space where The Guild Lounge has organized an Event.
- We - means Preston City Council, The Guild Lounge "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 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 Promoter requirements, those of the Promoter shall prevail. If no Promoter, those of The Guild Lounge 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 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 carefully on receipt 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 Guild Lounge 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, trademarks, logos and/or intellectual property appearing on the Ticket.
Customers with access requirements can find details of our accessible tickets policy by seeing our accessibility policy. Any access tickets booked outside of the provision of this policy are liable to be Voided.
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. No order will be accepted until We have received full payment. A booking fee of £2 will be applicable to each Ticket.
5. Delivery
Tickets can be delivered as e-tickets or posted out. Customers selecting Ticket postage will pay a surcharge per order for this service. Within 10 days of a performance only e-Ticket or collect at box office options will be offered.
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 Guild Lounge 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 Guild Lounge 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.
If You are collecting Your Tickets from The Guild Lounge 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 90 minutes prior to the start of the Event.
6. Changes to event
The organiser of the Event and/or The Guild Lounge reserves the right to make alterations to the published Event programme where reasonably necessary.
7. Refunds and 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 Guild Lounge 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 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 order to claim Your refund, please apply by e-mailing guildhallenquiries@preston.gov.uk. 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. Cash payments shall be refunded by cheque.
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 (www.citizensadvice.org.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 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 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.
10. Use of details and data protection
Our privacy policy can be found by visiting privacy notice.
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. Tickets must not be resold at greater than their face value. Free Tickets may not be resold under any circumstances.
12. Void 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 Guild Lounge's agreement, without prior notice unless the purchase of an excess was due to Our error.
14. Conditions of admission
The management of The Guild Lounge 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 Guild Lounge 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 Guild Lounge may remove a Ticket holder who:
- Has behaved in The Guild Lounge in a manner which, in the reasonable opinion of The Guild Lounge 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 breach of the peace; or
- In the reasonable opinion of The Guild Lounge is acting under the influence of alcohol or drugs; or
- Fails, when required, to produce proof of identity or age.
You must comply with instructions and directions given by Guild Lounge staff and security personnel.
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 Guild Lounge 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.
The following are not permitted within any Venue:
- Animals (with the exception of guide dogs);
- Laser pens
- Bottles, cans or glass containers
- Any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives); and
- Illegal substances
The management of The Guild Lounge 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 Guild Lounge, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in The Guild Lounge 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 Guild Lounge during an Event at the discretion of the management of The Guild Lounge. 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 non-designated 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.
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 Guild Lounge 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 We, The Guild Lounge, 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 Guild Lounge 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 Guild Lounge 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.