DEFINITIONS AND INTERPRETATION
‘KX TICKETS LTD’ (and ‘We’, ‘Our’, ‘Ours’ and ‘Us’) refers to KX TICKETS LIMITED, registered in England and Wales with company number 10071629, whose registered office is at 62 Shaftesbury Avenue, London W1D 6LT United Kingdom, who is the Trader for the purposes of The Consumer Rights Act 2015.
‘Event’ means an entertainment event including, without limitation, a concert, exhibition, sport, theatrical and/or music event to be held at a Venue in respect of which We have the right to sell You Tickets.
‘Event Partner’ means any party involved in the provision of the Event, such as a Promoter, Venue owner/operator, performer or producer.
‘Promoter’ means the person, firm or company staging the Event if different from Us.
‘Tickets’ means printed, electronic or other type of evidence (including a wristband) of the right to occupy space at or to attend an Event sold by Us to You on behalf of the Event Partner(s).
‘Ticket Related Voucher(s)’ means any voucher or package which can be redeemed against products or services at or near the Venue including, without limitation, food and drink vouchers, restaurant vouchers and , upgrade packages.
‘Venue’ means any facilities or locations of any nature where the Event is being held.
‘Voucher(s)’ means an KX TICKETS LTD gift voucher and/or KX TICKETS LTD Theatre Card Gift Voucher You purchase from Us.
‘Working Day’ means Monday to Friday, excluding any Public or Bank Holidays.
‘You’ means you or anybody who in Our reasonable opinion is acting with your authority or permission. ‘Your’ shall be read accordingly.
1. CONTRACT AND INCORPORATION OF TERMS
1.1 Your contract for the purchase of Ticket(s) is formed as soon as We have processed Your payment and will expire immediately after the performance of the Event for which You purchased Ticket(s). However, any purchases are subject to payment card verification and other security checks and Your transaction may be cancelled if it has not passed Our verification processes.
1.2 Your purchase of Ticket(s) is subject to these Terms and Conditions, which incorporate and should be read in conjunction with the Event Partner(s)’ terms, conditions and regulations, copies of which are available on the Event or Venue website or at Venue Box Office. 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.
2.1 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 Ticket(s) constitutes agreement of these Terms and Conditions. A valid Ticket must be produced to get into an Event. Please notify Us of any access requirements at the time of booking. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
2.2 It is Your responsibility to check Your Ticket(s) as mistakes cannot always be rectified after purchase. Please check your Ticket(s) on receipt carefully and contact us immediately if there is a mistake.
2.3 We will not be responsible for any Ticket that is lost, stolen or destroyed. The Management only accept responsibility for Tickets bought from one of its own managed sales points. Any queries regarding Tickets purchased from ticket Agents must be directed back to the relevant Agent.
2.4 It is not always possible to issue duplicate ticket(s). For example for non-seated events where there is a possibility of both the original and duplicate ticket(s) 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. Duplicates may be subject to an additional fee per ticket.
2.5 We and the Event Partner(s) reserve the right to provide alternative seats at an Event to those specified on the Ticket as reasonably required, provided they are of no less value to that stated on the Ticket.
2.6 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
2.7 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.
2.8 Any Ticket cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by the Event Partner(s), provided that even if such consent is obtained, use of Our trademarks and other intellectual property is subject to Our prior consent.
2.9 You agree not to obtain or attempt to obtain any Ticket(s) through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity. We reserve the right to cancel any Ticket transaction which We reasonably suspect to have been made in breach of these provisions without any notice to You and any and all Ticket(s) purchased as part of such transaction will be void.
3. PRICE AND PAYMENT
3.1 The price of the Ticket shall be the price set at the time We accept Your order. All advertised prices are inclusive of any applicable taxes but exclusive of any per ticket booking fee, per booking transaction fee, collection or delivery fee.
3.2 Credit/debit card fees may be charged per ticket on certain performances. KX TICKETS LTD will inform You of this cost at the time of booking.
3.3 No order will be accepted until We have received full payment in cleared funds. We reserve the right to cancel any booking which We reasonably suspect to have been made fraudulently.
3.4 All Concessions and Discounts are subject to availability, they may be restricted to certain price levels and performances and can be withdrawn by KX TICKETS LTD without notice
3.5 Only one Concession or Discount is available per ticket.
4.1 Ticket(s) will only be delivered to the billing address of the debit/credit card holder unless We specifically offer You the facility for Ticket(s) to be sent to an alternative address.
4.2 Ticket(s) will arrive no later than 5 Working Days before the date of the performance. If Your Ticket(s) are not being held at the Venue box office, and You have not received Your Ticket(s) from Us 5 Working Days prior to the Event, please contact Us.
4.3 If Ticket(s) dispatched by Royal Mail ordinary post, special delivery or signed for 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.
4.4 We reserve the right to make Ticket(s) available for collection at the Venue box office. You will be notified at point of sale, by telephone, by email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary.
4.5 Where there is not enough time to deliver Ticket(s) by post, We will inform You about the arrangements for collection of Your ticket(s).
4.6 If You are collecting Your Ticket(s) from the Venue box office, You must have an acknowledgement of order sent by Us to You, and the credit/debit card used by You to purchase Ticket(s). You may also be required to present Your photo ID. Tickets must be collected by the purchases unless We specifically offer You the facility for Ticket(s) to be collected by another person.
5. CHANGES TO EVENT
5.1 The Event Partner(s) reserves the right to make alterations to the published Event programme where reasonably necessary. Where such alteration is a material change (as described in clause 7), You will be entitled to claim a refund in accordance with clause 7.
6. CANCELLED/RE-SCHEDULED EVENTS
6.1 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.
6.2 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.
7.1 If you are unable to attend the Event through no fault of Ours, we can offer a ticket exchange facility, subject to availability, if the Event is at a Venue managed by KX TICKETS LTD. In order to obtain an exchange you must contact us 48 hours before the Event. Ticket(s) can be exchanged for a seat of the same value or higher upon payment of the difference in value, within its current run at the same Venue and will be subject to a per ticket exchange fee of £1.50. If a discount has been applied to the Ticket(s), then this will only be honoured within the original terms and conditions of the offer. If the Event has been booked through us for a Promoter then an exchange may not be offered and we would refer You to the Promoter’s own terms and conditions of sale.
7.2 Except where We offer an applicable Ticket exchange or resale facility, Ticket(s) cannot be exchanged, cancelled or refunded after purchase unless the performance is cancelled or rescheduled (subject to clause 6) or where there is a material change to the programme of Event. If a resale facility is available, resale of these Ticket(s) cannot be guaranteed and is subject to a per ticket administrative charge of £1.50.
7.3 Where an Event is cancelled or rescheduled (subject to clause 6 and this clause) 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.
7.4 A 'material' change to the programme of the Event 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.
7.5 Where an outdoor or temporary structure 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 Event Partner(s) rules.
7.6 Where such a refund is sought due to cancellation, rescheduling or a material change to the programme of the Event, You must bring this to Our attention as soon as possible upon becoming aware of such material change, cancellation or where the Event has been rescheduled, prior to the rescheduled Event. The refund for Ticket(s) equals the price paid by You to Us for such Ticket, including the applicable per Ticket booking fee but excluding the per transaction collection or delivery fee.
7.7 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 or SOLT Theatre Tokens.
7.8 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, or the Department for Business Innovation and Skills.
8.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Unless otherwise stated in this clause, Our and the Event Partner(s)’ liability to You in connection with the Event (including, but not limited to, in the event of cancellation, rescheduling or material change to the programme of the Event) shall be limited to the Ticket price paid by You including the per Ticket booking fee but excluding the per transaction collection or delivery fee.
8.2 Neither We nor the Venue nor the Event Partner(s) will be responsible for any loss, injury or damage to any person (including You) or property howsoever caused (including by Us and/or by Event Partner(s)): (a) in any circumstances where there is no breach of a legal duty of care owed by Us or the Event Partner(s); (b)in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury resulting from Our negligence); or (c) to the extent that any increase in any loss or damage results from breach by You of any of theses Terms and Conditions and/or any terms and conditions of the Event Partner(s).
8.3 Nothing in these Terms and Conditions seeks to exclude or limit Our or the Event Partner(s)’ liability for death or personal injury caused by Our or the Event Partner(s)’ (as relevant) negligence, fraud or other type of liability which cannot by law be excluded or limited.
9. AFTER SALES CARE and COMPLAINTS
9.1 Should You have any queries or complaints relating to Your Ticket purchase please contact our Customer Care team on 0333 320 1663 or email [email protected]. We will acknowledge all customer correspondence within 24 hours.
10. USE OF DETAILS AND DATA PROTECTION
11. RESALE OF TICKETS
11.1 You may not resell or transfer a Ticket if prohibited by law. Any resale or transfer (or attempted resale or transfer) of a Ticket in breach of the applicable law is grounds for seizure or cancellation of that Ticket.
11.2 Where a resale facility is available, resale of these Ticket(s) cannot be guaranteed and is subject to a per ticket administrative charge of £1.50.
12. VOID TICKETS
12.1 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 Ticket(s) are non-refundable.
13.1 Ticket(s) may be restricted to a maximum number or sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restriction shall be displayed on Our website or otherwise notified to You before or at the time You book the Ticket(s). It is Your responsibility to ensure that You read all notifications displayed on Our website. We reserve the right to cancel Ticket(s) purchased in excess of the maximum number, without prior notice unless the purchase of Ticket(s) in excess was due to Our error, in which case We will notify You prior to cancelling Your Ticket(s).
14. CONDITIONS OF ADMISSION AND ATTENDANCE
14.1 The management of the Venue reserves the right to refuse Ticket holder’s admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.
14.2 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 under the influence of drugs or has consumed an excessive amount of alcohol; or
4) fails, when required, to produce proof of identity or age; or
5) obstructs gangways, access-ways, exits, entrances or staircases, congregates in non-designated areas or seeks entry to stands or seats for which he/she does not hold a Ticket.
14.3 You must comply with instructions and directions given by Venue staff and stewards.
14.4 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.
14.5 All persons including adults, children and babes in arms shall require their own ticket which shall be at full ticket price if appropriate concessions are not available at the time of booking unless specified otherwise by the Venue or Promoter. Children must be supervised at all times and supervision of children shall be by not less than 1 adult per 10 children. The Management reserves the right to ask parents / supervisors to remove children if, in the opinion of the Management, they are causing a disturbance.
15. RESTRICTIONS AND PROHIBITIONS
15.1 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 recording equipment, recordings, tapes, films or similar items may be confiscated and destroyed or deleted. Any recording made of an Event in breach of these conditions shall belong to the Event Partner(s). The Event Partner(s) and Venue will not be liable for any loss, theft or damage to confiscated items.
15.2 By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. The Event Partner(s) may use such films and recordings (including any copies) without payment.
15.3 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 material's.
15.4 Mobile telephones and messaging equipment must be switched off during the Event.
15.5 Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted unless within a designated smoking Area (if any).
15.6 The following are not permitted within any Venue:
I) animals (with the exception of assistance dogs);
2) laser pens, fireworks, flares, smoke bombs
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.
15.7 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.
15.8 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.
15.9 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.
16.1 These Terms and Conditions shall be applicable to Ticket Related Vouchers and Vouchers and, unless set out in this clause 17 or the context otherwise requires, all references in these Terms and Conditions to Tickets shall include Ticket Related Vouchers and Vouchers.
16.2 Ticket Related Vouchers will be delivered with Your Tickets (if purchased at the same time as Your Tickets) and in any event within 5 Working Days after payment and are only redeemable with a valid Ticket. They can only be exchanged, refunded or cancelled in circumstances where the Tickets to which they relate are exchanged, refunded or cancelled. Ticket Related Vouchers may only be exchanged if the product to which the Ticket Related Voucher relates is available on the new date that the Ticket is exchanged to and if not a full refund will be issued for the Ticket Related Voucher element of Your booking.
16.3 Your contract for the purchase of Vouchers is formed as soon as We have processed Your payment and, in the case of KX TICKETS LTD Vouchers are valid for the date specified on the voucher or the date on the ticket it relates to.
16.4 We shall endeavour to deliver Your Voucher(s) to You as soon as possible after You place Your order and in any event within 5 Working Days after payment. Vouchers are non-refundable. For the avoidance of doubt, if the entire Voucher has been used or redeemed you will not be eligible to receive a refund.
17. HEALTH AND SAFETY
17.1 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.
18. DISPUTE RESOLUTION
18.1 Any complaints about a Tickets holder’s seating or ability to view a production should be made promptly to the Venue Management either before or during the Performance.
18.2 If any dispute arises out of these Terms and Conditions, We will attempt to settle it. We will acknowledge all customer correspondence within 24 hours and 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.
Society of Ticket Agents and Retailers (STAR)
PO Box 708
St Leonard’s Place
YORK YO1 0GT
Telephone: 01904 234737 (or +44 1904 234737 if calling from outside the UK)
Email: [email protected]
18.3 Alternatively, an online dispute resolution service is also available, supported by the European Commission, here.
19.1 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.
20.1 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.
21.1 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.
22. THIRD PARTIES
22.1 The Event Partner(s) and its affiliates, successors or assigns may rely on any rights set out in these Terms and Conditions in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, any person who is not a party to these Terms and Conditions shall have no rights under the Act to rely on any 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 on We, the Event Partner(s) (and/or its affiliates, successors or assigns) and You (or Your assignees permitted hereby) have rights and obligations under this contract.
23. EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
23.1 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 defense 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 8.
24. AMENDMENTS AND VARIATIONS
24.1 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).
25. NO PARTNERSHIP OR AGENCY
25.1 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.
26. ENTIRE AGREEMENT
26.1 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 and Conditions or not) other than as expressly communicated by Us to You before You have completed Your purchase or set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.
27. GOVERNING LAW AND JURISDICTION
27.1 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.