HE Festivals Event Terms & Conditions
Terms & Conditions of Entrance to the Festival, for Purchase of a Ticket to Festivals promoted by Home Education Festivals, and sale of other items.
Tickets and other items are offered on the Home Education Festivals website, subject to the Terms and Conditions set out in this document.
1. Definitions and Interpretation
Home Education Festivals: a company limited by guarantee registered in England as company number 10195169, whose registered office is 155 Applegarth Avenue, Guildford, Surrey, GU28LP.
Conditions: The terms and conditions set out in this document.
Ticket: Any ticket granting entry to a Festival sold or otherwise supplied to You by Home Education Festivals.
Festival: A festival organised by Home Education Festivals in relation to which a Ticket is purchased.
Event Staff: Those people who have been given a role by the board members of Home Education Festivals directly or indirectly in relation to running the Festival.
Order: Any order which You submit to Home Education Festivals, requesting a Ticket, whether via online booking or otherwise.
Site: The site at which a relevant Festival is staged.
Regulations: Those further conditions and rules of on-Site conduct set out in Schedule A to these Conditions.
Wristband: A wristband or any other means of identifying the holder as having the rights of entry to a Festival conferred by a Ticket.
You: A person, firm, company or unincorporated entity who or which purchases a Ticket from Home Education Festivals.
Contract: any contract between Home Education Festivals and You for the sale and purchase of a Ticket.
2. Application of terms
2.1
These Conditions shall apply to all Home Education Festivals’ sales of Tickets
2.2
These Terms and Conditions do not affect your statutory rights.
2.3
Home Education Festivals may from time to time publish on its website further terms and conditions in relation to the sale of Tickets in addition to these Conditions. Such further terms and conditions shall be deemed to be included in these Conditions and be incorporated into the Contract. If and to the extent that there is any conflict between such further conditions and these Conditions, the further conditions shall prevail.
2.4
Each Order for a Ticket by You from Home Education Festivals shall be deemed to be an offer by You to buy that Ticket or those Tickets stated in the Order and made subject to these Conditions.
2.5
No Order shall be deemed to be accepted by Home Education Festivals until Home Education Festivals has delivered a Ticket to You pursuant to that Order. Tickets may be delivered physically or by electronic means at Home Education Festivals’ sole discretion.
2.6
You warrant and shall ensure that the terms of Your Order and any applicable information within that Order are complete and accurate when you submit that Order to Home Education Festivals.
2.7
You shall check the details of any Festival in respect of which You have bought any Ticket before attending that Festival by checking on the Home Education Festivals Website and warrant that on the day of arrival at that Festival that You are aware of all matters that might reasonably be clear or inferred from the material appearing on that Website.
2.8
If You breach any of these Conditions, Home Education Festivals shall be entitled to cancel any or all Tickets bought by You in relation to the Contract thus breached, and shall not be obliged to repay to You any amount which it has received from You in respect of that Ticket.
3. Description of Festival
3.1
Home Education Festivals undertakes to exercise reasonable endeavour to ensure that all information which it publishes in relation to any Festival is materially and reasonably accurate at the date of such publication. Home Education Festivals may make changes to that published information and other materials at any time without notice.
3.2
All images, drawings, descriptive matter, specifications and advertising published an/or issued by Home Education Festivals and any descriptions or illustrations contained in Home Education Festivals’ website, catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Festival described in them. They shall not form part of the Contract.
3.3
Home Education Festivals reserves the right to rearrange, cancel or postpone any event or performance previously scheduled to occur at any Festival, if it reasonably decides that it needs to do so.
3.4
If Home Education Festivals exercises its right stated in Condition 3.3, Home Education Festivals shall not be obliged to repay You any money that You have paid to it in respect of a Ticket.
4. Ticket Sales
4.1
Unless otherwise agreed by Home Education Festivals in writing, the price for Tickets shall be the price set out on Home Education Festivals’ website in respect of Tickets for the relevant Festival on the date on which you place Your Order for the relevant Ticket.
4.2
The price for the Ticket shall be inclusive of any value added tax should this be applicable
4.3
Home Education Festivals reserves the right at its sole discretion and without further explanation to reject any order and refund any payment at any time prior to the commencement of the festival if it becomes aware of a reason why the presence of a particular person might be detrimental to the smooth running of the festival.
4.4
Home Education Festivals may decide that it will not issue more than a fixed maximum number of Tickets in respect of any Festival. If an insufficient number of tickets are available to fulfil your order, this will be apparent from the website, and you should only proceed to payment if you are content to purchase a lesser number of tickets.
4.5
Home Education Festivals may process any on-line purchase of a ticket by debiting the purchaser’s debit or credit card. Home Education Festivals may administer and process such Orders and payments by way of such online payment system as it may decide.
4.6
Home Education Festivals may charge the entire amount due in respect of a ticket ordered on-line at the time at which the purchaser submits the on-line Order or (acting reasonably) at any time thereafter.
4.7
Unless otherwise agreed in writing by Home Education Festivals, all Tickets shall be deemed to have been delivered on completion of the online ordering process through the Home Education Festivals Website
4.8
You shall not have the benefit of any Ticket, or of any rights of entry to any Festival to which a Ticket relates until Home Education Festivals has received in full (in cash or cleared funds) all sums due to it under the relevant Contract.
4.9
You may not resell any Ticket to any person or company, or unincorporated entity for any reason or on any basis whatsoever.
4.10
The United Kingdom’s Distance Selling Regulations apply to Orders made on-line, by mail order, by telephone or by fax. You therefore may cancel any contract for the purchase of any Ticket within seven working days of receiving the Ticket. Thereafter, subject to any other term of the relevant Contract, Home Education Festivals shall not be obliged to refund the ticket price.
4.11
Home Education Festivals may refuse any person admission to any Home Education Festivals event if there is reasonable concern that the person is or will be in breach of these Conditions or other stated rules of the Festival. Home Education Festivals will not offer any refund to any person who has bought a Ticket and who is refused entry, for any reasonable reason.
4.12
Home Education Festivals reviews the terms and conditions (including, without limitation, the price) of
Tickets throughout the year and may vary the price which it charges in respect of Tickets for any particular Festival at any time. Home Education Festivals will publish all increases in the price of Tickets prior to any such change. Should Home Education Festivals decide to offer a discount at any time, such discount shall apply only to future purchases, and no monies shall be refunded to existing ticket holders.
4.13
Tickets supplied to You are for Your personal use or that of individuals attending the relevant Festival in respect of whom those Tickets have been purchased only. Home Education Festivals may refuse entry to a Festival (or require that a person leave the site of a Festival) if Home Education Festivals reasonably believes that that person is in possession of a Ticket or Wristband which has been sold to her or him by someone other than Home Education Festivals.
5. Concessionary tickets
5.1
Home Education Festivals may issue Tickets free or at such concessionary rates and subject to such terms and conditions as Home Education Festivals may from time to time at its discretion decide.
5.2
Home Education Festivals may at its absolute and sole discretion refuse to supply any free or concessionary rate Ticket.
5.3
If Home Education Festivals agrees to supply a Ticket to You for free or at a concessionary rate, that Ticket is so supplied on the basis that the grounds and conditions on which the Ticket was supplied must be valid on the first advertised day of the Festival and not at the time of placing their order. Applicants should be aware that they might therefore be asked to provide further evidence of their personal status.
5.4
Home Education Festivals’ decision to issue any free or concessionary Ticket may depend upon Home Education Festivals receiving a true copy of proof of identity of the person to or in respect of whom the application is made. Such proof must clearly identify and name the person or persons in respect of whom the application for the Ticket(s) is made.
6. Cancellation Policy
6.1
Home Education Festivals may at its option and at its absolute discretion amend any element of, or cancel any Festival.
6.2
If Home Education Festivals cancels a festival prior to commencement of the relevant Festival, Home Education Festivals is under no obligation to refund the purchase price of any Ticket purchased for access to the Festival, although it will make reasonable effort to return those funds which are available in a way which treats all ticket holders equitably.
6.3
If Home Education Festivals cancels or makes any major changes to a Festival, Home Education Festivals will exercise its reasonable efforts to inform You using such contact details as you have previously provided to it when You submitted Your Order, although Home Education Festivals does not warrant that it will be able to so contact You. It is Your responsibility to check whether the Festival in respect of which You have bought a Ticket is to take place on the date and at the time and venue previously notified in relation to that Festival.
6.4
If a Festival is postponed or Home Education Festivals makes any material change in respect of a Festival, (including any change of the venue for that Festival), any Ticket that You have bought for access to that Festival will remain valid for the revised event unless Home Education Festivals notifies You otherwise.
7. Privacy
7.1
Subject to clause 7.2 below:
7.1.1
Home Education Festivals will only use personal information provided to it to keep you informed of events connected to Home Education Festivals and in the general management of the Festival.
7.1.2
Except as may be required to comply with any law or any requirement of any government authority, Home Education Festivals will not communicate any personal information which You provide to it to any third party.
7.1.3
Home Education Festivals’ handling of such is subject to the requirements of the Data Protection Act 1998 (as it may be amended or superseded from time to time).
7.2
You agree that Home Education Festivals may conduct research using personal information which You may provide to it, in order to assist Home Education Festivals in improving the service that it offers.
8. Limitation of liability
8.1
Any liability of Home Education Festivals for non-delivery of a Ticket shall be limited to replacing the Ticket within a reasonable time or issuing a refund for that Ticket where there is evidence of payment received.
8.2
If either Home Education Festivals is or You are in breach of any of the terms of any Contract, neither of us will be responsible for any losses that the other suffers as a result of the breach, except those losses which are a foreseeable consequence of the relevant breach.
8.3
Home Education Festivals’ liability shall not in any event include any losses:
(a) related to any business in connection with which You may be involved, such as (without limitation) lost data, lost profits or loss arising from business interruption;
(b) arising from your purchase of any goods services supplied to you by any third party to the Contract; or
(c) arising from the actions of any person in respect of whom Home Education Festivals does not bear a legal responsibility to You.
8.4
Home Education Festivals accepts no liability for personal damage, loss or injury sustained at any Festival, including (without limitation) any damage to or loss of property and/or motor vehicle, if and to the extent that the loss or damage is caused by the action or negligence of any person other than Home Education Festivals or any of its officers, employees, agents or other person in respect of whom Home Education Festivals bears liability to You under statute.
9. Communications
9.1
All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by email to info@hefestivals.co.uk:
9.2
in case of communications to Home Education Festivals, to its registered office or such changed address as shall be notified to You by Home Education Festivals; or
9.3
in the case of the communications to You, to the registered office of the addressee (if You are company) or (in any other case) to any address for You set out in any document which forms part of the Contract or such other address as You may have notified to Home Education Festivals.
9.4
Communications shall be deemed to have been received: if sent by pre-paid first class post, two working days after posting (exclusive of the day of posting); or if delivered by hand, on the day of delivery; or if sent by email 24 hours after sending.
10. General
10.1
Each right or remedy of Home Education Festivals under the Contract is without prejudice to any other right or remedy of Home Education Festivals whether under the Contract or not.
10.2
If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of that part severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
10.3
Failure or delay by Home Education Festivals in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
10.4
Any waiver by Home Education Festivals of any breach of, or any default under, any provision of the Contract by You shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
10.5
This Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law, and the parties submit to the exclusive jurisdiction of the English courts.
SCHEDULE A – REGULATIONS
1 On-Site Regulations
You agree with the following and will comply with them. In these Regulations, a reference to: “Home Education Festivals” includes a reference to any Home Education Festivals Event Staff, employee and any other person validly authorised by Home Education Festivals for the purpose described in the relevant regulation; and “You” and “Your” includes a reference to any person to whom You have supplied the Wristband to which the relevant regulation refers.
1.1
You will at all times that You are on the Site conduct yourself in such a way as not to prejudice the security of the Site or any part of it or the safety of any other person on the Site or the smooth-running of the Festival, and will ensure that any person under 18 for whom you are responsible also does the same
1.2
You shall wear the Wristband issued in respect of the relevant Ticket as a condition of entry to the Site and at all times whilst You are on that Site.
1.3
You consent to being – deliberately or inadvertently – photographed, filmed and/or sound recorded for TV, Video, DVD, Webcast or other public broadcast as part of the audience or by security CCTV, and you give permission for the festival to use that material.
1.4
You agree that Home Education Festivals will not allow any person below the age of 18 years of age to enter or be present on the Site unless accompanied and at all times effectively supervised by a parent or guardian or suitable adult aged over the age of 21.
1.5
You shall ensure that all children on Site who are aged from birth to 5 years old inclusive are at all times accompanied by a suitable person over the age of 18 years.
1.6
You shall at all times ensure that You are and any person under the age of 18 in respect of whom you have responsibility is lawfully allowed to enter and be present at the Site and any particular venue on the Site.
1.7
You shall produce on request by Home Education Festivals valid identification which establishes, to Home Education Festivals’ reasonable satisfaction:
1.7.1
Your identity, and also your age if You are below the age of 18; and
1.7.2
the age and identity of any person below the age of 18 in respect of whom you have responsibility at the site.
1.8
Home Education Festivals reserves the right to refuse You admission or re-admission to the Site if Home Education Festivals reasonably considers that Your presence on the Site is or may reasonably foreseeably be prejudicial to Site security and/or the safety of any person or disrupt the smooth-running of the Festival. In these circumstances, Home Education Festivals shall not be obliged to make any refund to you of the price of Your Ticket for that Festival.
1.9
You shall leave the Site immediately if, acting reasonably, any member of any emergency service, any Event Staff or employee of Home Education Festivals or any other person authorised by Home Education Festivals to act on behalf of Home Education Festivals at the relevant Festival requests you to do so. Home Education Festivals will attempt to facilitate any items you have brought to the festival being returned to you at the gate or by other means of your choice, but will not accept any liability for delay or loss, or undertake any expense to do this.
2. Drugs and other prohibited items
2.1
You must not bring the following items into any Festival site: any illegal substance, drugs, so called ‘legal highs’ and Nitrous Oxide in any form. If you are responsible for persons aged under 18 You must ensure they also comply with this
2.2
Home Education Festivals’ policy is: (i) to report to the authorities the possession of any item the possession or use of which constitutes or may constitute an illegal act and (ii) require any person possessing any of the same to leave the relevant Festival site.
2.3
You must tell a member of Event Staff immediately if any person offers any illegal drugs to You.
2.4
You must not purchase alcohol on behalf of any person under the age of 18, as this is a serious criminal offence. The whole showground is classified as “Licenced Premises” and is a public not a private place. It is therefore illegal for any person under the age of 18 to consume or be in possession of alcohol anywhere within the Festival Site, regardless of how they obtained it. Any person who becomes drunk and disorderly may be required to remain at their tent or caravan for a period, and additionally may be required to leave the festival site once it is safe for them to do so.
2.5
You must also not bring the following items into any Festival site without prior permission: portable laser equipment/pens, professional film or video Equipment or audio recorders, air horn, spray cans, fireworks and/or flares, drones or model aircraft of any kind, anything which might constitute an offensive weapon, sky or ‘Chinese’ lanterns, sound systems, tabards/high visibility jackets.
2.6
You acknowledge and agree that you may asked to submit to a search by Home Education Festivals or any of its employees, officers or agents on entry to any Festival site or venue. Refusal to accept a search may lead to you being refused entry.
2.7
You must not carry out any trading and must not assist or allow any trading to occur at any Festival site without Home Education Festivals’ prior consent in writing except at a location and time announced in the Festival programme at which trading is generally permitted.
2.8
You must not smoke in any enclosed public space or building or any other structure to which the Smokefree (Premises and Enforcement) Regulations 2006 applies and You will comply with those Regulations and all other legislation applicable to smoking. You must stand at least 5 metres away from the entrance to any enclosed space while smoking, and ensure you do not cause an obstruction. Smoking includes the use of e-cigarettes.
2.9
If you bring a dog to the Festival it must at all times be on a lead and under control, and must not at any time cause nuisance to other attendees of the festival. All dog mess must be removed immediately and appropriately disposed of. If you do not comply you may be asked to leave the festival. Dogs are not permitted in any of the buildings or marquees.
