HE Festivals Event Terms & Conditions
Terms and conditions of sale
1. Introduction
1.1 Bookings made through our website, and our and your rights and obligations in relation to such bookings, are governed by these terms and conditions.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 Any statutory rights that you may have as a consumer are not affected by these terms and conditions.
2. Interpretation
2.1 In these terms and conditions:
(a) “We” means Home Education Festivals (and “us and “our” should be construed accordingly);
(b) “You” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
(c) “booking” means a booking in respect of an event by Home Education Festivals, which may be made by you under these terms and conditions;
(d) “Ticket” Any ticket granting entry to a Festival sold or otherwise supplied to You by Home Education Festivals.
(e) “Festival” A festival organised by Home Education Festivals in relation to which a Ticket is purchased.
(f) “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.
(g) “Site” The site at which a relevant Festival is staged.
(h) “Regulations” Those further conditions and rules of on-Site conduct set out in Schedule A to these Conditions.
(i) “Wristband” A wristband or any other means of identifying the holder as having the rights of entry to a Festival conferred by a Ticket.
(j) “Force majeure event” means an event that is, or a series of related events that are, beyond our reasonable control.
(k) “Contract” any contract between Home Education Festivals and You for the sale and purchase of a Ticket; and
(l) “Ticket Tailor” the online ticket booking system used by Home Education Festivals.
3. Order process
3.1 The advertising of bookings on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To make a booking through our website, the following steps must be taken: you must click “book now” in relation to the relevant event; you must consent to these terms and conditions; and our payment service provider will handle your payment; we will then send you an order confirmation (at which point your order will become a binding contract) containing your digital tickets or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order.
4. Description of festival
4.1 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.
4.2 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.
4.3 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.
4.4 If Home Education Festivals exercises its right stated in Condition 4.3, Home Education Festivals shall not be obliged to repay You any money that You have paid to it in respect of a Ticket.
5. Ticket Sales
5.1 Our prices are quoted on our website.
5.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
5.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.4 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.
5.5 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.
5.6 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 and Ticket Tailor Websites.
5.7 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.
5.8 You may not resell any Ticket to any person or company, or unincorporated entity for any reason or on any basis whatsoever.
5.9 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.
5.10 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.
5.11 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, him or them by someone other than Home Education Festivals.
6. Concessionary tickets
6.1 Home Education Festivals may issue Tickets free or at concessionary rates and subject to such terms and conditions as Home Education Festivals may from time to time at its discretion decide.
6.2 Home Education Festivals may at its absolute and sole discretion refuse to supply any free or concessionary rate Ticket.
6.3 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.
6.4 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.
7. Payments
7.1 You must pay the applicable prices for your bookings during the checkout procedure.
7.2 Payments may be made by credit or debit card.
8. Variation of booking
8.1 If you would like to change your booking in any way, you should contact us to discuss your requested changes. We reserve the right to accept or reject any changes you may request.
8.2 Tickets are non refundable and non transferable.
9. Cancellation Policy
9.1 Any rights you may have under this Section 9 are additional to your statutory rights.
9.2 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
9.3 The United Kingdom’s Consumer Contracts Act 2013 applies to Orders made online, by mail order, by telephone or by fax. Sales of tickets for events on specific dates are exempt from the cancellation rights under the Consumer Contracts Act. Therefore, subject to any other term of the relevant Contract, Home Education Festivals shall not be obliged to refund the ticket price.
9.4 Home Education Festivals may at its option and at its absolute discretion amend any element of, or cancel any Festival.
9.5 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.
9.6 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 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.
9.7 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.
10. Limitations and exclusions of liability
10.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and any statutory rights you may have as a consumer will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
10.2 The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:
(a) are subject to Section 10.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
10.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
10.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11. Force majeure
11.1 If a force majeure event gives rise to a failure or delay in us performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the force majeure event.
11.2 If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these terms and conditions, we shall:
(a) promptly notify you; and
(b) inform you of the period for which it is estimated that such failure or delay will continue.
11.3 If the performance of our obligations under these terms and conditions is affected by a force majeure event, we shall take reasonable steps to mitigate the effects of the force majeure event.
12. Variation of terms
12.1 We may revise these terms and conditions from time to time by publishing a new version on our website and on the Ticket Tailor booking page.
12.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
13. Assignment
13.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
13.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
14. General
14.1 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.
14.2 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.
14.3 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.
14.4 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.
15. Severability
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 Subject to Section 10.1, these terms and conditions, together with the booking information page on our website, shall constitute the entire agreement between you and us in relation to bookings made through our website, and shall supersede all previous agreements between you and us in relation to such bookings.
18. Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in accordance with English law.
18.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
19. Statutory and regulatory disclosures
19.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
19.2 These terms and conditions are available in the English language only.
20. Our details
20.1 This website is owned and operated by Home Education Festivals.
20.2 We are registered in England and Wales under registration number 10195169, and our registered office is at 38 Neville Road, Bognor Regis, PO22 8BJ.
20.3 You can contact us:
(a) using our website contact form; or
(b) by email, using the email address published on our website.
Schedule A – regulations
1. On-Site Regulations
1.1 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.
1.2 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
1.3 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.
1.4 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. If children need to be withdrawn from this consent for legal/safety reasons you can inform Home Education Festivals by email.
1.5 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 18.
1.6 You shall ensure that all children on Site who are aged from birth to five years old inclusive are at all times accompanied by a suitable person over the age of 18 years.
1.7 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.
1.8 You shall produce on request by Home Education Festivals valid identification which establishes, to Home Education Festivals’ reasonable satisfaction:
1.8.1 Your identity, and also your age if You are below the age of 18; and
1.8.2 the age and identity of any person below the age of 18 in respect of whom you have responsibility at the site.
1.9 Home Education Festivals reserves the right to refuse You admission or readmission 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.
1.10 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 be 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 five 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.
