Welcome to www.bumbumtrain.com (the "Website"). The Website is a site operated by YMBBT Limited, a company registered in the United Kingdom under company number 07101496 and our registered office is at 56 Andrews Road, Hackney, London, E8 4RL. Our VAT number is 113406852.
The terms "us", "our" or "we" refer to the owner of the Website. The term "you" refers to the user or viewer of the Website.
- 1. We amend the terms of our Agreement from time to time as described in the Website Terms and Terms of Sale below.
- 2. Our liability to you under this Agreement will vary depending on whether you're simply using our website (see clause 7), buying Products from us (see clauses 31 and 33) or attending an event (see clause 53). We'll always be responsible to you for death or personal injury caused by our negligence. If you're a consumer, please be aware that we will not be responsible to you for: foreseeable and/or unforeseeable losses that you would incur if you were unable to use the Website, attend an event or buy Products from us.
- 3. When purchasing tickets from us for an event, you'll be limited to a specified number of tickets. We'll tell you this number prior to the purchase or allocation of tickets. Tickets are for your personal use and are non-transferrable, except as set out in clause 41.2 and 41.3 of the Agreement.
- 4. We operate a strict admissions policy as set out in clause 44 of the Agreement. Latecomers will not be admitted to the venue after the allocated time set out on the ticket.
- 5. Due to the nature of the event, if you do not comply with clause 45 or 46 (terms relating to your health and safety), you shall not be admitted to the venue and/or you may be asked to leave the event. If this happens, we shall not be responsible to you.
- 6. You must comply with our confidentiality agreement (described at Clause 49 of the Agreement) before attending an event.
- 7. When using our Website please remember that the trade marks, copyright and all other intellectual property contained within it, are owned by or licensed to us. If you would like to link to the Website, you must not misleadingly imply that you have a relationship to us and you must comply with clause 5.5.
- 8. We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for ensuring use of your own virus protection software. You must also agree not to misuse the Website e.g. by knowingly introducing viruses or any other malicious material to the site.
THE FULL TERMS OF YOUR AGREEMENT
- 1.2 The content on the Website is for your general information and use only and may be updated from time to time. The Website Terms may be revised at any time. Certain provisions of these Website Terms may be superseded by expressly designated legal notices or terms located on particular pages of this Website. Details of any update may also be found at the foot of the page. You should check this Website frequently to review the current Website Terms. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. OUR SERVICES, WEBSITE ACCESS AND ACCESS TO SERVICES
- 2.1 This Website acts as a facility to promote our services.
- 2.2 This Website acts as a platform to sell stock on behalf of YMBBT Limited.
- 2.3 We will attempt to make the Website and its sales platforms available to you at all times but sometimes they may be unavailable or interrupted as a result of maintenance, repair or for other reasons that are beyond our control.
- 2.4 We reserve the right to suspend, withdraw or discontinue all or any part of the Website at any time. Where we can, we'll try to give you advance notice of any change.
- 2.5 Where our Website and services are unavailable to you for reasons described at clause 2.3 and/or 2.4, we will not be responsible to you.
- 2.6 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3. INTELLECTUAL PROPERTY RIGHTS
- 3.1 The intellectual property rights on the Website and in the material published on it are owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. This material is protected by copyright laws and treaties around the world. All such rights are reserved. Any redistribution or reproduction of part or all of the contents of the Website in any form is prohibited other than as set out below.
- 3.2 You may print or download to a local hard disk extracts from the Website for your personal and non-commercial use only. You may copy the content of the Website to individual third parties for their personal use, but only if our status (and that of any identified contributors and licensors) as the authors of such content is acknowledged.
- 3.3 You may not, except with our express written permission, distribute or commercially exploit the content of the Website. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
- 3.4 You may not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 3.5 If you print off, copy or download any part of the Website in breach of these Website Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- 3.6 The name and logo for "You Me Bum Bum Train", and as used on this Website, are protected by a UK and Community Trade Mark (and any future designations of the Community Trade Mark) owned by us. All trade marks reproduced on the Website, which are not the property of, or licensed to us, are acknowledged on the Website. Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
4. VISITOR MATERIAL AND CONDUCT
- 4.2 You are prohibited from posting or transmitting to or from this Website any material:
- (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- (b) for which you have not obtained all necessary licenses and/or approvals; or
- (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world.
5. VIRUSES AND LINKS TO AND FROM OTHER WEBSITES
- 5.1 We do not guarantee that the Website will be secure or free from bugs or viruses. We will not be responsible to you for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the equipment you use to access the internet, computer programmes, software, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or any website linked to it.
- 5.2 You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
- 5.3 You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or data base connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
- 5.4 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
- 5.5 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
- (a) you do not remove, distort or otherwise alter the size or appearance of the YMBBT Limited logo;
- (b) you do not create a frame or any other browser or border environment around this Website;
- (c) you do not in any way imply that we are endorsing any products or services other than our own;
- (d) you do not misrepresent your relationship with us nor present any other false information about us;
- (e) you do not otherwise use any of our trade marks displayed on this Website without our express written permission;
- (f) you do not link from a website that is not owned by you; and
- (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
- We expressly reserve the right to revoke the right granted in this clause 5.5 for breach of these terms and to take any action we deem appropriate.
- 5.6 You agree to fully compensate us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 5.5.
- 6.1 While we endeavour to ensure that the information on this Website is correct, we provide no assurances as to the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
- 6.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, and unless you are a consumer, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
- 7.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability for any amount or kind of loss or damage that may result to you or a third party) using or attempting to use this Website or any websites linked to this Website or the material on such websites. This includes but is not limited to:
- 7.1.1 the foreseeable losses that you would incur if you're unable to use the Website, such as loss of an opportunity, loss of savings, loss of revenue and loss of goodwill; and/or
- 7.1.2 any unforeseeable losses that you would incur if you're unable to use the Website; and/or
- 7.1.3 any other losses you told us would arise if you were unable to use the Website or services.
- 7.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability that cannot be excluded or limited under applicable law.
- 7.3 You agree to fully compensate, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these Website Terms by you, or your use of this Website, or the use by any other person using your registration details.
8. WHAT DO WE DO WITH YOUR INFORMATION?
- 8.1 When you purchase a ticket (or any other product) from us, we collect the information you provide such as your name, address and email address.
- 8.2 When you visit our Website, our web servers automatically collect certain data that your web browser sends whenever you visit any website, such as your computer's internet protocol (IP) address and information relating to which pages have been viewed.
- 8.4 With your permission, we will send you important emails about our events including new productions and other updates. If you have purchased a ticket, we may also send you a reminder email a few days prior to the event.
- 8.5 We may provide your information to any third party that manages any facility, service or promotion via the Website on our behalf.
- 8.6 We may use your information to compile statistics to help us understand how people use the Website and to customise the Websites content, lay-out and services. This will allow us to improve the experience on our Website.
- 8.7 Only where you have specifically consented for us to do so, we will pass your information onto certain third parties so that they can provide you with relevant information about their products and/or services or for other purposes to which you have consented.
- 8.8 If we are acquired or merged with another company or if ownership of the Website changes, your information may be disclosed to any prospective purchaser's advisers and will be transferred to the new owners so that we may continue to sell tickets (or any other products) to you.
- 8.9 Apart from the purposes described above, we shall only use the information that you provide to us for the purpose described at the point of collection or for purposes that are otherwise legally permitted.
- Please note that we do not transfer your information outside the EEA.
- How do you get my consent?
- 9.1 When you provide us with information to place an order for tickets (or any other products), complete a transaction, verify your credit card or arrange for delivery of your tickets (or any other products), we infer from your actions that you consent to our collecting it and using it for that specific reason only.
- 9.2 If we ask for your information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
- How do I withdraw my consent?
- 9.3 If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, or for the continued collection, use or disclosure of your information, at any time, by contacting us at email@example.com.
- 10.1 We may disclose your information if we reasonably believe that we are required to do so by law, regulation, court order or any competent governmental, statutory or public body, or to protect our rights and property or the rights and property of our partners, licensors or the public.
- 10.2 From time to time, we may also cooperate with a law enforcement agency in any official investigation, and we may disclose your information to that agency in doing so.
- 11.1 Our box office is hosted by Monad ticketing. It provides us with the online platform that allows us to sell tickets to you.
- 11.2 Your data is stored through Monad's data storage, databases and the general Monad application. It stores your data on a secure server behind a firewall.
- 11.3 Monad does not transfer your information outside the EEA.
12. THIRD-PARTY SERVICES
- 12.1 In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
- 12.2 However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
- 12.3 For these providers, we recommend that you read their privacy policies so you can understand the manner in which your information will be handled by these providers. For example, all payments made under this agreement will be processed by Stripe Payments UK, Ltd of 9th Floor, 107 Cheapside, London, EC2V 6DN and they shall be responsible for processing your data when you make payment. More details of how they process your data can be found on their website: www.stripe.com/gb.
- 12.5 If you access other websites using the links provided on our Website, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
13. DATA PROTECTION
- 13.1 We shall collect, store and use your information in accordance with the Data Protection Act 1998.
Security of your information
- 13.2 To protect your information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed without authorisation, disclosed, altered or destroyed.
- 13.3 We cannot, however, guarantee the security of any information you provide to us in an email or in online form while it is being transmitted to us because the internet is a potentially unsecure method of information. Any transfer of information from you to us is at your own risk.
- 13.4 If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Accuracy of your information
- 13.5 We shall endeavour to keep your information accurate and up-to-date and for no longer than is necessary.
Your right to access your information held by us
- 13.6 The Data Protection Act 1998 gives individuals a right of access to their information held by an individual or organisation.
- 13.7 If you wish to access any of your information that we hold, you may make a request by emailing or writing to our Privacy Compliance Manager, whose contact details are set out in Section 11 below.
14. AGE OF CONSENT
- By using this Website, you are 18 years or older or if you're under the age of 18, you have the consent of an appropriate guardian to use this Website.
15. COOKIES AND WEB BEACONS
- 15.2 A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or alerts you when you visit a particular site. Cookies allow web applications to respond to you as an individual. Web applications tailor their operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
- 15.3 We use traffic log cookies to identify which pages are being used most. This helps us analyse data about web page traffic and improve the Website by tailoring it to user needs. We only use this information for statistical analysis purposes, after which the data is removed from the system.
- 15.4 Overall, cookies help us provide you with a better online experience, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
- 15.5 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website.
- 15.6 You can learn more about cookies and how to manage them at http://aboutcookies.org.
17. HOW TO CONTACT US
- If you would like to access, correct, amend or delete any information we have about you, register a complaint, withdraw or provide your consent for us to contact you, or simply have a query or want more information, please contact our Privacy Compliance Officer by email at firstname.lastname@example.org or by post to our registered office (detailed above). Please be sure to include your name and clear instructions on what you would like us to do.
C. TERMS OF SALE
18. INFORMATION ABOUT US AND GENERAL POINTS TO BE AWARE OF
- 18.1 If you wish to contact us for any reason, including because you have any complaints, you can contact us by e-mailing us at email@example.com. This clause 18.1 does not limit the means by which you can contact us to cancel your order in accordance with clause 24.
- 18.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- 18.3 Contacting us if you are a business. You may contact us by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 33.3.
19. OUR PRODUCTS
- 19.1 Our Products comprise various items of clothing or other items bearing You Me Bum Bum Train logos or imagery and tickets for our events.
- 19.2 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
- 19.3 The packaging of the Products may vary from that shown on images on our site.
20. IF YOU ARE A CONSUMER
This clause 20 only applies if you are a consumer.
- If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
21. IF YOU ARE A BUSINESS CUSTOMER
This clause 21 only applies if you are a business.
- 21.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
- 21.2 The Agreement constitutes the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- 21.3 You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms or any document expressly referred to in them.
- 21.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
22. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 22.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- 22.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 24.2.
- 22.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). We will be contractually bound to fulfil any order from our sales platforms when we send you the Dispatch Confirmation.
- 22.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 27.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
23. OUR RIGHT TO VARY THESE TERMS
- 23.1 We amend these terms from time to time. Please look at the bottom of this page to see when these terms were last updated and which terms were changed.
- 23.2 Every time you order Products from us, the terms in force at the time of your order will apply to the Contract between you and us.
- 23.3 We may revise these terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
- 23.4 If we have to revise these terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Agreement if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
24. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 24 only applies if you are a consumer.
- 24.1 If you are a consumer, you have a legal right to cancel a contract for goods and services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 24.2. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel your order and receive a refund. This legal right will apply only if you're buying merchandise or other related services from us, it does not apply to ticket sales. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
- 24.2 When buying Products (excluding theatre tickets) from us, your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). This is also the point at which we're legally obliged to honour your request for Products. Your deadline for cancelling the order expires after 14 days from the day on which you acquire, or a third party other than the carrier and indicated to us by you acquires, physical possession of the Products.
- 24.3 To exercise the right to cancel, you must inform us of your decision to cancel the relevant order by a clear statement (e.g. by letter sent by post or email). You can do this by writing to us at 56 Andrews Road, Hackney, London, E8 4RL or via email at email@example.com. Please include details of your order to help us identify it. You may use the attached model cancellation form, but it is not obligatory to do so.
- 24.4 If you cancel your order we will:
- 24.4.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- 24.4.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- 24.4.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- 18.104.22.168 if you have received the Product, 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 24.7;
- 22.214.171.124 if you have not received the Product, 14 days after you inform us of your decision to cancel the order.
- 24.5 If you have returned the Products to us under this clause 24.5 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
- 24.6 We will refund you on the credit card or debit card used by you to pay.
- 24.7 If a Product has been delivered to you before you decide to cancel your order:
- 24.7.1 then you must return it to us at the following address without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract: 56 Andrews Road, Hackney, London, E8 4RL; and
- 24.7.2 unless the Product is faulty or not as described (in which case, see clause 24.5), you will be responsible for the cost of returning the Products to us.
- 24.8 Because you are a consumer, we are under a legal duty to supply Products that are as described, fit for purpose and that do not contain inherent faults. These legal rights are not affected by your right of return and refund in this clause 24.8 or anything else in these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
- 25.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 32 for our responsibilities when this happens.
- 25.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
- 25.3 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 25.4 only applies if you are a consumer.
- 25.4 If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
- 25.4.1 we have refused to deliver the Products;
- 25.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- 25.4.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
- 25.5 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 25.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
- 25.6 If you do choose to cancel your order for late delivery under clause 25.5 or this clause 25.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
26. INTERNATIONAL DELIVERY
- 26.1 We aim to deliver Products globally (International Delivery Destinations). However there may from time to time be restrictions on some Products for certain International Delivery Destinations, in which case we will either: (i) notify you during the order process; or (ii) notify you as soon as possible following the completion of your order and issue you with a full refund.
- 26.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
- 26.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
- 26.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
27. PRICE OF PRODUCTS AND DELIVERY CHARGES
- 27.1 The prices of the Products will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 27.5 for what happens if we discover an error in the price of Product(s) you ordered.
- 27.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
- 27.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
- 27.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page .
- 27.5 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Product and refund you any sums you have paid.
28. HOW TO PAY
- 28.1 You can only pay for Products using the following payment methods: Visa, Mastercard, American Express, Apple Pay and Android Pay.
- 28.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
29. MANUFACTURER GUARANTEES
- 29.1 Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
- 29.2 If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
30. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 30 only applies if you are a business customer.
- 30.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
- 30.2 Nothing in these terms limits or excludes our liability for:
- 30.2.1 death or personal injury caused by our negligence;
- 30.2.2 fraud or fraudulent misrepresentation;
- 30.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
- 30.2.4 defective products under the Consumer Protection Act 1987.
- 30.3 Subject to clause 30.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms for:
- 30.3.1 any loss of profits, sales, business, or revenue;
- 30.3.2 loss or corruption of data, information or software;
- 30.3.3 loss of business opportunity;
- 30.3.4 loss of anticipated savings;
- 30.3.5 loss of goodwill; or
- 30.3.6 any indirect or consequential loss.
- 30.4 Subject to clause 15.2, our total liability to you in respect of all losses arising under or in connection with the order, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
- 30.5 Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
31. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 31 only applies if you are a consumer.
- 31.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
- 31.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- 31.3 We do not in any way exclude or limit our liability for:
- 31.3.1 death or personal injury caused by our negligence;
- 31.3.2 fraud or fraudulent misrepresentation;
- 31.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
- 31.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- 31.3.5 defective products under the Consumer Protection Act 1987.
32. EVENTS OUTSIDE OUR CONTROL
- 32.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 32.2.
- 32.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 32.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- 32.3.1 we will contact you as soon as reasonably possible to notify you; and
- 32.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
- 32.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
33. COMMUNICATIONS BETWEEN US
- 33.1 When we refer, in these terms, to "in writing", this will include e-mail.
- 33.2 If you are a consumer you may contact us as described in clause 18.1.
- 33.3 If you are a business:
- 33.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- 33.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- 33.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- 33.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
D. ADDITIONAL TERMS APPLICABLE TO THEATRE TICKETS AND EVENTS
34. EVENT SUITABILITY
- 34.1 Each event is a physically challenging interactive experience and for your own safety, you should be in good health and free of any medical conditions that could be aggravated by the journey.
- 34.2 The production may contain strobe lighting and smoke effects. As part of the passenger experience, you may be in confined spaces for short periods of time, and therefore some sections of the event may be unsuitable for persons who suffer from claustrophobia.
- 34.3 The event is not suitable for passengers who are pregnant. The physically challenging components of the event present too great a risk to pregnant passengers and we are unfortunately unable to offer an alternative passenger experience that would maintain the creative integrity of the show. As safety is our priority, pregnant women will not be permitted to be passengers in the event. If you are pregnant and you have already purchased a ticket (or if you have purchased a ticket on behalf of a pregnant passenger) you can submit a request to us to transfer that ticket to another person (using this form) or alternatively we may offer you a full refund for the ticket price of the pregnant passenger.
- 35. In order to purchase a ticket and/or to attend an event you must be at least 16 years of age.
- 36. We will use our best endeavours to make events accessible to customers with accessibility requirements, and a percentage of tickets for the events will be reserved for people with accessibility requirements. However, due to venue restrictions, we may not be able to accommodate all accessibility requirements. If you or the person(s) for whom you are purchasing tickets have accessibility requirements, please click the accessibility requirements link on our ticketing website and follow the instructions. Please be advised that any adjustments we can reasonably accommodate may involve altering parts of the experience, or creating an alternative experience that may differ from the one advertised on our website.
37. GENERAL INFORMATION RELATING TO TICKETS
- 37.1 By providing you with a ticket we are granting you a right (a personal revocable licence) to attend the event detailed on that ticket, subject always to these Conditions. Each ticket will remain our property at all times.
- 37.2 You are responsible for bringing your ticket with you to the venue. No tickets will be replaced or refunded if the ticket is forgotten, lost, stolen, defaced, damaged or destroyed.
- 37.3 We reserve the right to invalidate tickets that we reasonably suspect to have been purchased (or otherwise obtained) fraudulently or in breach of these terms.
38. PURCHASE RESTRICTIONS
- When purchasing tickets from us, you are limited to a specified number of tickets for each event. We'll tell you this number prior to purchase or allocation of tickets. This policy is in effect to discourage unfair ticket buying practices. Tickets may be restricted to a maximum number per person, per credit card and/or per household. We reserve the right to cancel tickets purchased in excess of this number without prior notice.
39. PRICE, FEES AND PAYMENT
- 39.1 Unless specified otherwise, ticket prices shall be set out on our website, and will be subject to a non-refundable booking fee. The price that will be charged by us will be that which is current at the date of your purchase.
- 39.2 Submission of payment method information means that you authorise us to take payment for amounts due by you using that method.
- 39.3 The ticket price is specified and payable in pounds sterling. Any and all charges arising as a result of payment or attempted payment in another currency, for example credit card fees or currency exchange charges, are your responsibility.
40. TICKET DELIVERY
- 40.1 Unless we agree otherwise, tickets will only be delivered electronically as e-tickets to the email address provided during purchase. It is your responsibility to print your e-ticket(s) and to bring it/them with you to the venue. If the email address you provide to us changes (or if you have made a mistake), please contact us.
- 40.2 If we agree to send you tickets, or if your electronic tickets have not arrived five days before the event (or, if you are travelling, five days before you leave on your journey), please contact us (and remember to verify your junk email inbox).
41. NON-TRANSFER OF TICKETS
- 41.1 A ticket is issued for your sole personal use. You may not resell or (save as set out in clauses 41.2 and 41.3 below) transfer your ticket without our prior written consent. You shall not allow your ticket to be used for any commercial or promotional purpose.
- 41.2 If more than one ticket is issued to you, one ticket must be retained by you for your personal use (subject to clause 41.3 below) and the remainder may be transferred to the natural person(s) intending to accompany you to the event, provided that:
- (a) such person(s) is/are known to you and would be entitled (under these terms) to purchase such a ticket;
- (b) such transfer takes place in consideration of no payment or benefit in excess of the face value of the ticket;
- (c) such transfer does not take place in the course of any business or for the purpose of facilitating any third party's business;
- (d) such transfer is subject to these terms which will (save for any rights to transfer under this clause or any rights to a refund) apply to such person as if he/she were the original purchaser of the ticket (and you must inform the person of this); and
- e) you must provide the name and address of such person(s) when asked to do so by any of our staff.
- 41.3 In the event that you and/or the person(s) intending to accompany you to the event are unable to use any ticket then you may transfer the ticket(s) to another natural person, provided that you satisfy the conditions set out at paras (a) - (e) of clause 41.2 above.
42. RETURNS, REFUNDS AND EXCHANGES
- 42.1 It is your responsibility to carefully check all purchase order details prior to placing an order for tickets, as mistakes cannot always be rectified once an order is placed. After you complete your purchase, you cannot change the time or date of the event for which you purchased a ticket.
- 42.2 No tickets may be cancelled or returned once purchased, and no refunds or exchanges (in whole or in part) shall be offered or given, except as set out in these terms, or as set out in our Refund and Exchange Policy (set out below).
43. DELAY, INTERRUPTION, RESCHEDULING, POSTPONEMENT, CANCELLATION OR ALTERATION
- 43.1 You acknowledge that events may be delayed, interrupted, rescheduled, postponed, cancelled or materially altered by us or our partners both for reasons beyond our control (including, but not limited to, Force Majeure (defined below), power failure, or failure of sound or lighting equipment) or to allow for the proper management of the event and/or venue. If this happens, please contact us for further instructions.
- 43.2 If the event is delayed, interrupted, rescheduled, postponed, cancelled or materially altered you may be able eligible to obtain a ticket refund or exchange. For more information please see our Refund and Exchange Policy below. We will not be responsible to you for any loss of enjoyment or for any travel, subsistence, accommodation or any other arrangements or wasted expenditure relating to the event which has been arranged by you.
- 43.3 When booking tickets, you will be required to select your desired start-time for the event. Subject to availability, you will be offered various one-hour time slots (e.g. starting at 7pm, 8pm, 9pm, etc). We will notify you of the precise start-time of the event within your selected one-hour time slot (e.g. 7.00pm, 7.15pm, 7.30pm, or 7.45pm) upon confirmation of your booking. We do not guarantee that any event will commence at its stated time, however, we will endeavour to ensure that this is the case.
- 43.4 It is your responsibility to ascertain whether an event has been cancelled and the date and time of any rescheduled event. However, if an event is cancelled or rescheduled to another date or venue, we will endeavour to notify you using the email address provided during purchase (or otherwise notified to us) and/or to make information concerning such cancellation or rescheduling available on our website. Due to circumstances beyond our control and/or the limitations of our systems, such notification and information may not be provided prior to the anticipated start time of the event. Please check your email and our website prior to making your journey to an event.
44. ADMISSION TO THE VENUE
- 44.1 All ticket holders must arrive at least 15 minutes prior to their allocated time slot. Due to the nature of the event, latecomers will not be admitted to the venue. Tickets will be invalidated automatically (without refund or exchange) if the ticket holder presents his/her ticket at the venue after the time-slot indicated on his/her ticket (even where the ticket holder is late due to reasons beyond his/her control).
- 44.2 In order to gain admission to the venue you must produce a complete and valid ticket together with (upon our request) evidence of your identity. For purposes of identification, only original photo IDs (including valid passports, national identity cards or driving licences) will be accepted. We reserve the right to refuse admission without refund to individuals who do not present valid tickets, or holders of tickets which are incomplete or appear to have been altered in any way, or to individuals who fail to present a valid photo ID upon request.
- 44.3 For security purposes, you may be subject to security checks when entering the venue or at any other time during your attendance at the venue (for the avoidance of doubt, our staff may search your bags at any time). If you refuse to submit to a security check, or if following a security check our staff have reason to believe that you may pose a risk to the event, the venue, our staff, other passengers, or any other person(s), you will be refused admission to or ejected from the venue without refund.
- 44.4 We reserve the right to refuse admission to and/or eject from the venue any person who does not have a valid ticket, who breaches these terms and/or who fails to observe the reasonable instructions of our staff, and no refund will be payable.
Restricted or Prohibited Items and Behaviour
- 45.1 You may not bring into the venue (or use within the venue) any "Prohibited Items" including alcohol, illegal drugs or other illegal substances, fireworks, firecrackers, air horns, laser devices, flares, explosives, smoke canisters, bottles or any item that might be used as a weapon or compromise public safety or pose a hazard or nuisance.
- 45.2 Acting in a way intended or likely to cause injury, annoyance, distress or anxiety to others, and/or acting in a way intended or likely to interfere with the proper operation of the event is strictly prohibited at the venue.
- 45.3 Smoking is strictly prohibited at the venue.
- 45.4 Alcohol served in the bar may only be purchased and consumed by guests who are aged 18 years or older.
- 45.5 You may not bring into or use within the venue any equipment which is capable of recording or transmitting any audio, visual or audio visual material, information or data without our prior written consent. Mobile phones are permitted within the venue provided they are used for personal and private use only.
- 45.6 No commercial, promotional, advertising or marketing (including charitable) activity may be undertaken at the venue or in the vicinity of the venue without our prior written consent. If you conduct any such activities without our prior written consent, we may prevent you from entering the venue, or require you to leave the venue. In such an event, you will not receive a refund of the sum paid for your ticket.
- 45.7 We reserve the right (without refund) to refuse entry to any person to the venue, and/or to eject any person from the venue, where in our reasonable opinion we believe that person may cause a risk to the safety or security of the event or the enjoyment of the event by others. Without limiting the generality of the foregoing, this includes situations where a person:
- (a) is under (or appears to be under) the influence of drugs or alcohol (you may be required to take a breathalyzer test);
- (b) presents a potential risk to the venue, our staff, other passengers or any other person;
- (c) uses foul, obscene, abusive and/or racist language and/or gestures; and/or
- (d) brings into the venue (or uses within the venue) any Prohibited Item(s).
Food and drink
- 45.8 You may not bring your own food and/or drink to the event. The provision of food and drink during and/or after the event at the venue shall be arranged by us (at our discretion).
- 45.9 We will not provide any parking facilities at the venue.
- 45.10 You will not be permitted to carry a bag or other articles during the event. We will endeavour to provide a secure storage facility for a limited amount of (small) bags and coats.
- 45.11 For safety purposes, it is important that you wear clothing and footwear that is comfortable and suitable for physically challenging activity (e.g. clothing that does not restrict your movement and suitable footwear). Due to the physical nature of the event, the following are not suitable attire: skirts and dresses, shorts, flip flops, sandals and high heels. We strongly recommend that you wear trousers with a long-sleeved top. We reserve the right (without refund) to prevent you from participating in the event if (in our reasonable opinion) your clothing and/or footwear is not suitable for the event.
46. HEALTH AND SAFETY
- 46.1 You must comply with:
- (a) all health and safety rules and regulations and any other security requirements that apply to the venue, as notified to you by us (whether in writing or verbally); and
- (b) any other restrictions that apply to the venue imposed by relevant laws, bye-laws, regulations, permits or licences or by the police, in each case as notified to you by us (whether in writing or verbally).
- (c) The show is not suitable for passengers who are pregnant. The physically challenging components of the show present too great a risk to pregnant passengers and we are unfortunately unable to offer an alternative passenger experience that would maintain the creative integrity of the show. So, with regret, we will not allow pregnant women to be passengers in the show. We do apologise for the inconvenience but we hope that you understand that your safety is our priority. If you are pregnant and you have already purchased a ticket (or if you have purchased a ticket on behalf of a pregnant passenger) you can transfer your tickets to another person using this form or alternatively we can offer you a full refund for the ticket price of the pregnant passenger.
47. DAMAGE TO THE VENUE
- You shall not cause any damage to the venue or to the venue's fixtures, fittings and equipment. If you cause any damage to or deface the venue, or remove, cause damage to, deface, interfere or tamper with any item from the venue, you shall be liable to us and to the venue owner and/or the item owner.
48. STAFF INSTRUCTIONS
- You shall depart the venue when instructed to do so by our staff and comply with any other reasonable instructions of our staff.
- In order to ensure that the passenger experience is new and exciting for future passengers, the event (and all aspects relating thereto) is confidential information and, as between you and us, belongs solely to us. Detailed confidentiality terms are set out in the Passenger Agreement Form (which you will be required to sign at the event), a copy of which is available here (or upon request).
50. IMAGES AND PUBLICITY
- The future success of our theatre production depends in part on being able to secure funding and promote the production to new passengers. At the end of your passenger experience, we may therefore invite you to give a short video testimonial. Terms relating to your image and publicity rights are set out in the Passenger Agreement Form (which you will be required to sign at the event), a copy of which is available here (or upon request).
51. FORCE MAJEURE
- 51.1 If we fail to perform any of its obligations under these terms as a result of a Force Majeure Event, it shall be excused from performance and shall not be construed to be in breach in respect of any of its obligations for so long as failure to perform such obligation is due to such Force Majeure Event. In the event of a Force Majeure Event, we shall promptly notify you of such occurrence (a notice published on YMBBT's website shall constitute valid notice) and shall take all reasonable steps to mitigate the effects of the Force Majeure Event.
- 51.2 "Force Majeure Event" means any event affecting performance of any obligations set out in these Conditions arising from or attributable to acts, events, omissions or accidents which are beyond the reasonable control of YMBBT, including flood, lightning, casualty, storm, fire, explosion, earthquake, subsidence, structural damage, epidemic or other natural physical disaster, war, military operations, national calamity, riot, crowd disorder, terrorist action, civil commotion (or reasonable threat of any of the foregoing), act of God, malicious mischief or theft, blockade or embargo, failure or shortage of power supplies, radiation or chemical contamination, strike, lock-out, industrial action of any kind, impact by any vehicle, vessel or aircraft, and any legislation, regulation, ruling or omissions (including failure to grant any necessary permissions) of any relevant government, court or any competent national or international authority, but not including failure by third party suppliers to provide goods or services unless such failure is as a consequence of another event that is within the scope of this definition.
52. BREACH OF THESE TERMS
- If you breach these terms then we shall have the right to:
- (a) invalidate your ticket;
- (b) invalidate any other tickets you have purchased or hold;
- (c) refuse your entry to the venue;
- (d) eject you from the venue; and/or
- (e) take any legal action (including, without limitation, a claim for damages) or disciplinary action against you as we see fit in the circumstances.
53. INDEMNITY AND OUR LIABILITY
- 53.1 You will fully and effectively compensate us from and against any and all claims, costs, damages, demands, expenses, liabilities, penalties and losses of whatever nature (whether foreseeable, unforeseeable or for which you were made aware before purchasing your ticket and attending the event) arising directly or indirectly out of any breach by you of these terms.
- 53.2 We do not accept any responsibility for any property that is not stored in the storage facility (see clause 45.10). You understand that, unless caused by our negligence, our liability in respect of any loss, theft or damage to items stored in the storage facility at the venue is limited to Â£100.
- 53.3 Nothing in these terms is meant to restrict or exclude our liability for personal injury or death caused by our negligence or for any other liability that cannot be excluded or restricted under English law.
- 53.4 Subject to the above clauses, to the maximum extent permitted by law, we exclude any liability for loss, injury or damage to persons/property in or around the venue.
- 53.5 If you are a business, we shall not be responsible to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise in any case for any loss of goodwill, loss of profits or any or damage whatsoever arising out of the performance, purported performance or breach of these terms.
- 53.6 Subject to the above clauses, our maximum liability to you for losses, damages, liabilities, expenses, costs or actions, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of the performance, purported performance or breach of these terms shall be limited to refunding the sale price of the ticket(s) purchased by you for the event.
- 53.7 For all queries relating to your purchase of tickets, please quote your purchase reference number and the name and postcode under which the booking was made. We will normally communicate with you using the email address given by you when purchasing your tickets, failing which the postal address given for your ticket purchase will be used. If you have given us another means of contact we may use that.
E. TERMS APPLICABLE TO THE ENTIRE AGREEMENT
54. OTHER IMPORTANT TERMS
- 54.1 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under the Agreement.
- 54.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
- 54.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- 54.4 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. If you're a business, these terms set out the entire agreement and understanding between you and us and neither you nor us shall have any claim or remedy in respect of any statement, representation, warranty or undertaking made by or on behalf of any other party in relation to these which are not set out herein.
- 54.5 If any provision within these terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Conditions and all provisions that are not affected by such invalidity or unenforceability shall remain in full force and effect. The invalidity or partial invalidity of any provision of these Conditions shall not prejudice or affect the remainder of these Conditions, which shall continue in full force and effect.
- 54.6 No person other than you or us may enforce any term of these Conditions under the Contracts (Rights of Third Parties) Act 1999.
55. GOVERNING LAW AND JURISDICTION APPLICABLE TO THE AGREEMENT
F. REFUND AND EXCHANGE POLICY
- The following Refund and Exchange Policy is designed to outline the circumstances in which a ticket refund or exchange will be offered by us to you, referring to the person purchasing, receiving and/or holding tickets for admittance as a passenger to an immersive theatre production ("event"), to be held at a specified venue.
- Events may be delayed, interrupted, rescheduled, postponed, cancelled or materially altered by us or our partners both for reasons beyond our control, or to allow for the proper management of the event and/or venue. If this happens, please contact us for exact instructions and carefully read the policy set out below.
- This Refund and Exchange Policy does not and shall not affect your rights under law.
NO REFUND OR EXCHANGE
- We reserve the right to alter or change (at its sole discretion) the design, direction, production and/or organisation of the event without prior notification and without refund or exchange of tickets.
- We reserve the right to make alterations to the time, date, and location of any event due to unforeseen circumstances (including, but not limited to, Force Majeure, power failure, failure of sound or lighting equipment) and/or safety and security reasons. There will be no refunds or exchanges as a result of a change in the date, time or location of an event unless you qualify for a refund or exchange under these terms or the policy set out below. (Complimentary tickets, i.e. tickets provided by us free-of-charge, have no assigned value and will therefore not be subject to refund. Unless we agree otherwise (at its sole discretion), complimentary tickets may not be exchanged for any reason and you may not change the allocated date or time of such ticket).
- No tickets will be replaced or refunded if the ticket is forgotten, lost, stolen, defaced, damaged or destroyed.
REFUND if the event is cancelled
- If your event is cancelled (and not rescheduled), you will be offered a refund of the sale price of your ticket(s), excluding the non-refundable booking fee.
- Notwithstanding the above, if your event is cancelled as a result of a Force Majeure Event that occurs after you have paid for your ticket(s), no refund will be offered or given (for more details as to what constitutes a Force Majeure Event, see clause 14 of the Ticket Terms and Conditions).
EXCHANGE OR REFUND If the event is rescheduled
- Unless indicated otherwise in relation to a particular event (and subject to section 1, above), if an event is rescheduled, you will be offered tickets to any rescheduled event (subject to availability) of a value corresponding to the sale price of your original tickets. If you are unable to attend the rescheduled event, you will be offered a refund of the sale price of your ticket(s), excluding the non-refundable booking fee. You must inform us within the time specified by us if you are unable to attend the rescheduled event, otherwise we may reconfirm your booking for the rescheduled date and you will not be entitled to claim a refund.
- To claim your refund, please apply in writing to our registered office (set out above) or to such other address as may be notified to you by us.
- You must enclose your unused tickets and comply with any other reasonable instructions from us. Your unused tickets must be received by us within 28 days from the date of the cancelled event, failing which no claim for a refund of a ticket of any kind will be considered.
- Refunds will only be made to the person who purchased the ticket(s), not the ticket holder.
- Refunds shall be made to the payment card used to purchase the ticket. In the event that other means of payment were used, refunds shall be made by such means as we deem appropriate, which may include payment by cheque, or direct bank transfer (where we have account details for the ticket purchaser), and/or we may contact you to discuss the appropriate means of making the refund (however we do not guarantee that we will do this).
- We shall have no further liability beyond the sale price of the ticket(s) purchased (excluding the non-refundable booking fee). We will not be liable to you for any loss of enjoyment or for any travel, subsistence, accommodation or any other arrangements or wasted expenditure relating to the event which has been arranged by you.
G. MODEL CANCELLATION FORM (APPLICABLE TO MERCHANDISE BOUGHT FROM US ONLINE OR OVER THE PHONE)
- (Complete and return this form only if you wish to withdraw from the contract)
- To YMBBT Limited
- Address: 56 Andrews Road, Hackney, London, E8 4RL
- Email: firstname.lastname@example.org
- I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
- Ordered on [*]/received on [*],
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- [*] Delete as appropriate
- We (YMBBT Ltd) really want the experience of every YMBBT passenger to be completely new and exciting, and the purpose of this form is to ensure that the content of the show remains confidential. In this form, we also cover a few other important aspects of your YMBBT passenger experience. So, it is important that you read and understand the information set out below before signing this Passenger Agreement Form. By signing this Passenger Agreement Form, and in return for YMBBT Ltd providing your YMBBT passenger experience, you agree (among other things): (A) not to disclose or use any information about YMBBT and not to take any photographs or make any recordings while at YMBBT without YMBBT Ltd's prior written approval; (B) that YMBBT Ltd will not be liable for any loss, injury or damage you may suffer as a result of your YMBBT passenger experience; and (C) that YMBBT Ltd may use any images, footage or recordings of you from your YMBBT passenger experience in future YMBBT promotional materials.
- If you have any questions regarding any of the below, please speak to a senior member of our team.
- (A) Confidentiality
- 1. I understand that everything about the YMBBT show and all aspects of my YMBBT passenger experience, including (but not limited to) all information that is disclosed to me by members of the YMBBT team and/or that I observe when participating in YMBBT and all tangible materials given to me at any time (together "YMBBT Material") is confidential information and, as between me and YMBBT Ltd, belongs solely to YMBBT Ltd.
- 2. I hereby agree that unless YMBBT Ltd gives me prior written permission to do otherwise, I will keep all YMBBT Material strictly confidential. In particular, I will not (without the prior written permission of YMBBT Ltd):
- (a) take any photographs, or make any video or other recordings at any time during my YMBBT passenger experience;
- (b) keep, or remove from YMBBT Ltd's premises, any document containing any YMBBT Material following the end of my YMBBT passenger experience;
- (c) disclose or make available any YMBBT Material to any other person;
- (d) copy, reduce to writing or otherwise record any YMBBT Material; or
- (e) use or exploit any YMBBT Material for any purposes, including but not limited to in connection with a production that is the same or in any way similar to YMBBT.
- 3. I will promptly notify YMBBT Ltd if I become aware that any YMBBT Material has been disclosed to or obtained by any third party (other than another YMBBT passenger or a member of the YMBBT team).
- 4. I will fully and effectively compensate YMBBT Ltd from and against any and all claims, costs, damages, demands, expenses, liabilities, penalties and losses of whatever nature (whether foreseeable, unforeseeable or for which you were made aware of before attending the event) arising directly or indirectly out of any breach by me of this agreement and shall include but not be limited to any loss of revenue, loss of profit and reasonable legal expenses incurred.
- (B) Liability
- 5. Nothing in this Passenger Agreement Form is meant to restrict or exclude YMBBT Ltd's liability for personal injury or death caused by YMBBT Ltd's negligence (for the avoidance of doubt, YMBBT Ltd will not be liable for the negligence of any passengers or volunteers who are not employees of YMBBT Ltd) or for any other liability that cannot be excluded under English law.
- 6. However, other than set out at clause 5, I understand that my YMBBT passenger experience is at my own risk and that YMBBT Ltd will not be liable for any injury, damage or loss (whether direct, indirect or consequential) suffered by me on YMBBT Ltd's premises (whether before, during or after my YMBBT passenger experience).
- 7. I understand that I will not be permitted to carry a bag or other articles during my YMBBT passenger experience. YMBBT Ltd will endeavour to provide a secure storage facility for a limited amount of (small) bags and coats. YMBBT Ltd does not accept any responsibility for any property that is not stored in the storage facility. I understand that, unless caused by YMBBT Ltd's negligence, YMBBT Ltd's liability in respect of any loss, theft or damage to items stored in the storage facility is limited to Â£100.
- (C) Images
- 8. The future success of YMBBT depends in part on being able to secure funding and promote the show to new passengers. At the end of my YMBBT passenger experience, YMBBT Ltd may therefore invite me to give a short video testimonial.
- 9. I hereby grant YMBBT Ltd an exclusive, irrevocable and perpetual royalty free licence to use any such video testimonial, together with any other images and/or footage of me captured during my YMBBT passenger experience, ("YMBBT Content"), both in its original format and edited or altered as YMBBT Ltd deems appropriate, for marketing and promotional purposes in any and all media.
- 10. In addition, I confirm that I do not object to YMBBT Ltd storing:
- (a) copies of any YMBBT Content for possible use in marketing and promotional materials for YMBBT in the future; and
- (b) my contact details on its database in case it needs to contact me in relation to the use of any such YMBBT Content (although I accept that YMBBT Ltd is in no way obliged to contact me prior to such use).
- * * *
- 11. I understand that the provisions of this Passenger Agreement Form will continue indefinitely.
- 12. I understand that this Passenger Agreement Form and any dispute or claim arising out of or in connection with it (including non-contractual disputes and claims) will be governed by and construed in accordance with English Law and will be subject to the exclusive jurisdiction of the English courts, unless I am consumer and where residents of Northern Ireland may bring proceedings in Northern Ireland and residents of Scotland may bring proceedings in Scotland.
- 13. I understand that if I sign this Passenger Agreement Form electronically, this form will be deemed to be in writing and my electronic signature will be deemed to be my signature.