TERMS & CONDITIONS
1. These terms
1.1 What these terms cover. These are the terms and conditions governing the supply of tickets to you for ‘Mountain Summit’ held between 7th and 9th September 2020 (Event) and governing your attendance of the Event. These terms apply to any contract between us for the sale of services to you. The Event will be held at The Rocks, Plas Curig, Capel Curig, Betws-y-Coed, North Wales, LL24 0EL (Venue). These terms are subject always to the Venue terms and conditions which you further agree to upon the contract being formed in accordance with clause 3.1.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide tickets to you, how you and we may change or end the contract, what to do if there is a problem and other important information. You should print a copy of these terms of save them for future reference.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
- You are an individual.
- You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are 432 Enterprises Ltd, a company registered in England and Wales. Our company registration number is 12001786 and our registered office is at The Weston Centre, Weston Road, Crewe, CW1 6FL. Our registered VAT number is 328 3786 71.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01270 250022 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it after you have paid for your tickets, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the tickets. This might be because the tickets are sold out, the Event has been cancelled or suspended, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the tickets or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. The Event
4.1 Admission. Purchase of one ticket allows one person entry to the Event.
4.2 [Age of attendees. To attend the Event you must be 18 years of age or older. Under 18s will not be admitted and we are under no obligation to refund the cost of the ticket.]
4.3 Event instructions. Instructions for the Event will be published on our website. It is your responsibility to bring correct kit and clothing and to follow all such instructions.
4.4 Photography and video. By accepting these terms you agree that we, or any authorised third party may use images and video of you at the Event in perpetuity in any promotional or publicity material. If you do not agree to this, please let Event staff know who will take steps to remove or anonymise you from such images or video. Copyright and associated intellectual property rights in such images and video shall belong to us or any authorised third party. We shall be authorised to publish (without royalties) any images or video that you upload to social media of the Event, if you have used any Event specific hashtags or have tagged the Event in your post.
4.5 Changes to the Event. The description of the Event is only an approximate guide and we may change elements of the Event:
- as a result of weather conditions;
- to ensure the safety and security of guests and Event staff;
- to reflect changes in relevant laws and regulatory requirements;
- to deal with events outside our control (including cancellation by third party speakers); and
- to implement adjustments and improvements.
We will try to give you as much notice of material changes as possible, and will offer full refunds for material changes to the Event. Refunds will not be offered for non-material changes to the Event (if you wish to cancel as a result of a non-material change, see clause 7.3). Once you attend the Event, you accept that some changes (for example as a result of weather conditions) may be out of our control and that no refunds will be offered other than for cancellation of the Event (which will be offered on a daily pro-rata basis).
4.6 Making sure your information is accurate. If we request information (for example, about food allergies) it is your responsibility to ensure such information is accurate. Should you not be able to attend or fully enjoy the Event due to incorrect information being provided, no refund will be given.
4.7 Arrival. It is your responsibility to arrive on time at the designated arrival place. Should you arrive late we reserve the right to refuse entry to the Event and no refund will be given.
4.8 Physical condition. Some activities at the Event will require a good level of physical fitness and it is your responsibility to ensure you are in an adequate condition to take part. Should you be unable to take part in any activity, no refund will be given.
4.9 Your rights to make changes. If you wish to make a change to your order, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the tickets to you. If so, this will have been stated in the description on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract. We will not be responsible for not supplying any tickets if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.11 Reasons we may cancel or suspend the Event. We may have to cancel suspend the Event to:
- deal with technical problems or make technical changes;
- reflect changes in relevant laws and regulatory requirements;
- deal with any cancellation or suspension of the Event made by the Venue;
- deal with an event outside our control.
We will try to rearrange a suitable date or venue for the Event, but you will have a right to cancel in accordance with clause 7.2. If we cancel or suspend the Event we are only responsible for your ticket refund, and not for other additional costs you have incurred on, for example, travel or accommodation (subject always to clause 13 and clause 14).
4.12 Your rights if we suspend the Event. We will contact you in advance to tell you we will be suspending the Event, unless the problem is urgent or an emergency. You may contact us to end the contract for the Event if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance
5 The Venue and regulations
5.1 Entry to the Venue. You enter the Venue subject to the Venue terms and conditions and agree to follow any rules of the Venue or instructions from Venue or Event staff.
5.2 Regulations. We reserve the right in our absolute discretion to refuse entry to the Event or remove from the Event any person who:
- uses threatening or abusive words to Event or Venue staff, or other guests;
- fails to follow health and safety instructions from Event or Venue staff;
- acts in any way that endangers the safety or affects the enjoyment of the Event by Event or Venue staff or other guests;
- is intoxicated or under the influence of drugs;
- is wearing inappropriate clothing;
- does not comply with these terms or the Venue terms and conditions;
- has been asked to leave the Venue by Venue staff
- has not purchased their ticket directly from us.
No refunds will be given to guests who are refused entry or removed from the Event for breaching the regulations in this clause 5.2.
6 Providing the tickets and other products
6.1 Tickets. We will send tickets digitally to the email address you provided to us in your order.
6.2 Delivered items. We may send out certain items prior to the Event (for example a welcome pack), which will be sent to the postal address you provided to us in your order (unless you ask to collect such items from our premises).
6.3 Delivery costs. The costs of any physical delivery will be as displayed to you on our website.
6.4 When we will provide delivered items. During the order process we will let you know when we will provide goods to you.
6.5 Collection items. We may provide certain items to be collected (for example the ‘Explorer Backpack’), which you can collect from us at the Event.
6.6 If you do not re-arrange delivery. If you do not collect items from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we shall be under no further obligation to deliver the items to you.
7 Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract will depend on certain factors:
- If the Event is misdescribed you may have a legal right to end the contract, see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
- If you have just changed your mind about the Event, see clause 7.3.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full. The reasons are:
- we have told you about an error in the price or description of the Event and you do not wish to attend;
- we have cancelled or suspended the Event, or notify you we are going to cancel or suspend it; or
- you have a legal right to end the contract because of something we have done wrong.
7.3 Ending the contract when you have changed your mind. If you have changed your mind about attending the Event, you may still end the contract, but you may not be entitled to a refund. Refunds shall be determined on the following basis:
- If you end the contract more than 28 days before the date of the Event. You will be entitled to a full refund;
- If you end the contract more than 28 days before the date of the Event, but have received your gift pack. You will be entitled to a refund of 90% of the cost of your ticket;
- If you cancel less than 28 days before the date of the Event. You will not be entitled to a refund.
8 How to end the contract with us (including if you are a consumer who has changed their mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- Phone or email. Call customer services on 01270 250022 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Online. Complete the form on our website.
- By post. Simply write to us at 432 Enterprises Ltd, The Weston Centre, Weston Road, Crewe, CW1 6FL, including details of what you bought, when you ordered or received it and your name and address.
8.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the tickets including delivery costs for the gift pack, by the method you used for payment.
9 Our rights to end the contract
We may end the contract if you break it. We may end the contract at any time by writing to you if:
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for you to attend the Event; or
- you do not provide a working email address to allow us to deliver the tickets to you.
10 If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the Event, please contact us. You can telephone our customer service team at 01270 250022 or write to us at firstname.lastname@example.org.
11 Your rights in respect of defective products if you are a consumer
If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the Event. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is services, for example tickets to an event, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 7.2.
12 Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.2 for what happens if we discover an error in the price of the product you order.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some prices may be incorrect. We will normally check prices before accepting your order so that, where the ticket’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the ticket’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and cancel your tickets.
12.3 When you must pay and how you must pay. We accept payment through bank transfer to our bank details as provided to you. You must pay for the tickets when your order is processed.
13 Our responsibility for loss or damage suffered by you if you are a consumer
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Event.
14 Our responsibility for loss or damage suffered by you if you are a business
14.1 Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3 Subject to clause 14.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount you paid to us for your ticket.
15 How we may use your personal information
16 Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 Tickets are personal and you need our consent to transfer your tickets and rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Tickets are not for resale.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
16.6 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.