Definitions and Interpretations
‘Castle Park Theatre’ (and ‘We’, ‘Our’, ‘Ours’ and ‘Us’) refers to Castle Park Theatre CIC, registered in England and Wales with company number 13682606 whose registered office is at 1, Brewery House, Brook Street, Wivenhoe, Essex, CO7 9DS.
‘Event’ means an entertainment event including, without limitation, a concert, exhibition, sport, theatrical and/or music event to be held at a Venue in respect of which We have the right to sell You Tickets.
‘Promoter’ means the person firm or company staging the Event if different from Us.
‘Site’ means https://castleparktheatre.co.uk
‘Ticket(s)’ means printed, electronic or other type of evidence (including a wristband) of the right to occupy space at or to attend an Event sold by Us to You.
‘Venue’ means any facilities or locations of any nature where the Event is being held.
‘You’ means you or anybody who in Our reasonable opinion is acting with your authority or permission.
‘Your’ shall be read accordingly.
CONTRACT AND INCORPORATION OF TERMS
- Your contract for the purchase of Ticket(s) is formed as soon as We have processed Your payment and will expire immediately after the performance of the Event for which You purchased Ticket(s). However, any purchases are subject to payment card verification and other security checks and Your transaction may be cancelled if it has not passed Our verification processes.
- All Tickets are sold subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to purchase and any queries relating to them should be raised with Us prior to purchase, as purchase of Ticket(s) constitutes agreement of these Terms and Conditions. A valid Ticket must be produced to get into an Event. Please notify Us of any access requirements at the time of booking. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
- It is Your responsibility to check Your Ticket(s) as mistakes cannot always be rectified after purchase. Please check your Ticket(s) on receipt carefully and contact us immediately if there is a mistake.
- We will not be responsible for any Ticket that is lost, stolen or destroyed. The Management only accept responsibility for Tickets bought from one of its own managed sales points.
- It is not always possible to issue duplicate ticket(s). For example for non-seated events where there is a possibility of both the original and duplicate ticket(s) being used, compromising the licensed capacity of the venue. Duplicates may therefore be issued at the discretion of Castle Park Theatre.
- We and the Event Partner(s) reserve the right to provide alternative seats at an Event to those specified on the Ticket if the staging of the Event reasonably requires.
- Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
- Possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trade marks, logos and/or intellectual property appearing on the Ticket.
- Any Ticket cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by Castle Park Theatre, provided that even if such consent is obtained, use of Our trade marks and other intellectual property is subject to Our prior written consent.
- You agree not to obtain or attempt to obtain any Ticket(s) through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity. We reserve the right to cancel any Ticket transaction which We reasonably suspect to have been made in breach of these provisions without any notice to You and any and all Ticket(s) purchased as part of such transaction will be void and no money will be reimbursed to you.
PRICE AND PAYMENT
- The price of the Ticket shall be the price set at the time We accept Your order. All advertised prices are inclusive of any applicable taxes but exclusive of per Ticket booking fees, transaction and delivery fees where applicable.
- Credit/debit card fees may be charged per ticket on certain performances. Castle Park Theatre will inform You of this cost at the time of booking.
- No order will be accepted until We have received full payment in cleared funds. We reserve the right to cancel any booking which We reasonably suspect to have been made fraudulently or in breach of these Terms and Conditions which, for the avoidance of doubt, includes the purchase of tickets by internet robots, spiders or other automated devices.
- All Concessions and Discounts are subject to availability, they may be restricted to certain price levels and performances and can be withdrawn by Castle Park Theatre without notice.
- Only one Concession or Discount is available per ticket.
- If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on the Site or otherwise communicated to You, or You are able to order a ticket before its scheduled on-sale or pre-sale date or You are able to order a Ticket that was not supposed to have been released for sale, then We will have the right to cancel that Ticket (or the order for that Ticket) and refund to You the amount that You paid. This will apply regardless of whether because of human error or a transactional malfunction of this website or other Castle Park Theatre operated system.
- Tickets delivered as “Print at Home” – your Tickets will be delivered as an eticket to the email address provided by You registered, on during the transaction Problems with printing or your mobile device at the Event will not be Our responsibility. Unauthorised duplication of Your eticket may prevent Your admittance to the Event. Castle Park Theatre is not responsible for any inconvenience caused by unauthorised duplication. If unauthorised duplicates appear Castle Park Theatre reserves the right to refuse entry to all Ticket holders and may in some circumstances credit the original purchaser the face value, in which case this will constitute full remuneration. A hard copy duplicate Ticket issued by Castle Park Theatre, will render the original eticket null and void.
- If You are collecting Your Ticket(s) from the Venue kiosk, You must have an acknowledgement of order sent by Us to You, and the credit/debit card used by You to purchase Ticket(s).
- Castle Park Theatre does not offer a delivery service for Ticket(s).
CHANGES TO EVENT
We have the right to make alterations to the published Event programme where reasonably necessary. Where such alteration is a material change (see REFUNDS/EXCHANGES below), You will be entitled to claim a refund in accordance with that policy.
- Where an Event is cancelled or re-scheduled and You provided details at the time of ordering, We will use Our reasonable endeavours to notify You in advance of the advertised start time. We do not guarantee that You will be informed of such cancellation before the date of the Event. Customer not giving contact details at the time of purchase will not be contacted in the event of cancellation.
- It is Your responsibility to inform Us of any change to the contact address, telephone number or email address You provide Us with at the time of ordering.
- Where an Event is cancelled or rescheduled by Castle Park Theatre or the Promoter, where an Event is cancelled or rescheduled due to circumstances beyond Our control, or where there is a material change to the programme of the Event, You will be entitled to claim a refund from Us in accordance with this policy.
- A ‘material’ change to the programme of the Event is a change which, in Our reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. The use of understudies in a theatre performance shall not be a material change.
- Where an outdoor Event is cancelled or curtailed because of adverse weather, customer understand that the weather is a risk factor in staging such events and We shall not be liable to make any refund or pay any compensation beyond the purchase value of the ticket.
- Events can be delayed, stopped and re-started or otherwise disrupted up to a cumulative maximum of one hour without cancellation. Customers are responsible for ensuring that their travel & parking arrangements take note of this possibility. No compensation will be paid due to customer’s parking or travel in these circumstances.
- Refunds shall only be made to the person who purchased the Tickets and, when possible, be made using the same method as was used to purchase the Tickets except, at Our discretion, where payment was made by cash.
- These Terms and Conditions do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice, or the Department for Business Innovation and Skills.
- Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Unless otherwise stated in this clause, Our liability to You in connection with the Event (including, but not limited to, in the event of cancellation, rescheduling or material change to the programme of the Event) shall be limited to the Ticket price paid by You.
- We will not be responsible for any loss, injury or damage to any person (including You) or property howsoever caused: (a) in any circumstances where there is no breach of a legal duty of care owed by Us (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury resulting from Our negligence); or (c) to the extent that any increase in any loss or damage results from breach by You of any of these Terms and Conditions.
- Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, fraud or other type of liability which cannot by law be excluded or limited.
RESALE OF TICKETSLIABILITY
- You may not resell or transfer a Ticket if prohibited by law. Any resale or transfer (or attempted resale or transfer) of a Ticket in breach of the applicable law is grounds for seizure or cancellation of that Ticket.
- Any Ticket obtained in breach of these Terms and Conditions shall be void and all, rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action. Void Ticket(s) are non-refundable.
- Ticket(s) may be restricted to a maximum number or sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restriction shall be displayed on Our website or otherwise notified to You before or at the time You book the Ticket(s). It is Your responsibility to ensure that You read all notifications displayed on Our website. We reserve the right to cancel Ticket(s) purchased in excess of the maximum number, without prior notice unless the purchase of Ticket(s) in excess was due to Our error, in which case We will notify You prior to cancelling Your Ticket(s).
CONDITIONS OF ADMISSION AND ATTENDANCE
- The management of Castle Park Theatre reserves the right to refuse Ticket holder’s admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.
- The management of the Venue also reserves the right to request that Ticket holders leave the Venue at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example only, the Venue may remove a Ticket holder who has behaved in the Venue in a manner which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or in the reasonable opinion of the Venue is under the influence of drugs or has consumed an excessive amount of alcohol; or fails, when required, to produce proof of identity or age; or obstructs gangways, access-ways, exits, entrances or staircases, congregates in non-designated areas or seeks entry to stands or seats for which he/she does not hold a Ticket.
- You must comply with instructions and directions given by Venue staff and stewards.
- No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour as suggested in, but not limited to, the examples above.
- Children (ages 12 months to 15 years inclusive unless otherwise stated at the time of booking and on the ticket) shall require their own ticket which shall be at full ticket price if no child concessions are available at the time of booking. Babes in arms (children under 12 months unless otherwise stated at the time of booking and on the ticket) shall be admitted free of charge to suitable shows. Children must be supervised at all times and supervision of children shall be by not less than 1 adult per 10 children. The Management reserves the right to ask parents / supervisors to remove children if, in the opinion of the Management, they are causing a disturbance.
RESTRICTIONS AND PROHIBITIONS
- The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden. Unauthorised recording equipment, recordings, tapes, films or similar items may be confiscated and destroyed or deleted. Any recording made of an Event in breach of these conditions shall belong to Castle Park Theatre, who will not be liable for any loss, theft or damage to confiscated items.
- By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. We may use such films and recordings (including any copies) without payment or licence.
- Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing material’s.
- Mobile telephones and messaging equipment must be switched off during the Event.
- Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted.
- The following are not permitted within any Venue: animals (with the exception of assistance dogs); laser pens, fireworks, flares, smoke bombs, any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and, illegal substances.
- The management of the Venue reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the management of the Venue, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above.
- Every effort shall be made to admit latecomers to Events at a suitable break in the Event, which may be the interval, but late admission cannot be guaranteed.
HEALTH AND SAFETY
- Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event. If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets.
- Special effects may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects.
- Any complaints about a Tickets holder’s seating or ability to view a production should be made promptly to the front of house manager either before or during the Performance.
- If any dispute arises out of these Terms and Conditions, We will attempt to settle it directly with you. We will seek to acknowledge all customer correspondence within 7 days and We shall use Our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a settlement satisfactory to both parties within 28 days of the dispute being brought to our attention. .
- If we delay or fail to enforce any of these Terms and Conditions It shall not mean that We have waived our right to do so.
- We shall be entitled to assign any of Our rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected.
- We shall be entitled to assignIf it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
- We, our successors or assigns may rely on any rights set out in these Terms and Conditions in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided above, any person who is not a party to these Terms and Conditions shall have no rights under the Act to rely on any of these Terms and Conditions. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case on We, (and/or our affiliates, successors or assigns) and You (or Your assignees permitted hereby) have rights and obligations under this contract.
EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
- For the purposes of these Terms and Conditions, ‘Force Majeure’ means any cause beyond Our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. We will not be liable to You for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure. This Clause does not affect the terms of Clause 8.
AMENDMENTS AND VARIATIONS
- We intend to rely on the written terms set out here in this document as well as the written terms and conditions of the Promoter. You should read the terms and conditions carefully before entering into the contract to ensure that they contain everything that You consider has been agreed. If they do not then you should speak to any member of staff. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless both You and We agree in writing.
NO PARTNERSHIP OR AGENCY
- Nothing in these Terms and Conditions and no action taken by You or Us under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between You and Us beyond the relationship created under these Terms and Conditions.
- These Terms and Conditions, and the terms and conditions of the Promoter and any specially agreed terms constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties. Each of the parties agrees that it has not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not) other than as expressly communicated by Us to You before You have completed Your purchase or set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.
GOVERNING LAW AND JURISDICTION
- These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.
For more information on cancellations, exchanges and credits, contact us.