1.1 In these Terms & Conditions the following words and phrases have the following meanings:
Illyria: Illyria Theatre Limited with a registered office of Lyttleton Court, Birmingham Street, Halesowen, B63 3HN;
Event: a theatrical production to be held at a Venue in respect of which Illyria has the right to sell You Tickets;
Promoter: the person firm or company staging the Event if not Illyria;
Ticket(s): ticket(s) or other types of evidence (including electronic tickets) sold by Illyria to You for the right to attend an Event;
Venue: any facilities or locations of any nature where an Event is being held; and
You: you or anybody who in our reasonable opinion is acting with your authority or permission (Your shall be read accordingly).
2.1 Your contract for the purchase of Tickets is formed as soon as Illyria has processed Your payment and will expire immediately after the performance of the Event for which You purchased Tickets.
3.1 All Tickets are sold subject to availability and to these Terms & Conditions. These Terms & Conditions should be read carefully prior to purchase and any queries relating to them should be raised with Illyria prior to purchase as purchase of Tickets constitutes acceptance of these Terms & Conditions.
3.2 A Ticket is only valid when purchased from Illyria or an agent authorised by Illyria. Illyria is not responsible for any Tickets that have been purchased through unauthorised methods.
3.3 It is Your responsibility to check Your Tickets as if You have made a mistake it cannot always be rectified after purchase. You should check Your Tickets on receipt carefully and contact Illyria immediately if there is a mistake.
3.4 Illyria will not be responsible for any Ticket that is lost, stolen or destroyed.
3.5 Ownership or 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, trademarks, logos and/or intellectual property appearing on the Ticket.
3.6 Any Ticket cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by Illyria, provided that even if such consent is obtained, use of Illyria’s trademarks and other intellectual property is subject to its prior consent.
4. Price and payment
4.1 The price of the Ticket shall be the price set at the time Illyria accepts Your order. All prices set are inclusive of any applicable taxes, booking and collection fees but exclusive of delivery fees.
4.2 No order will be accepted until Illyria has received full payment. A Ticket order is only confirmed when Illyria sends its email confirmation of the order.
4.3 Illyria reserves the right to cancel any booking which Illyria reasonably suspects to have been made fraudulently.
4.5 All discounts and promotions are subject to availability and may be withdrawn without notice. All discounts and promotions are not valid in conjunction with any other offer or retrospectively.
4.6 Illyria reserves the right to sell Tickets at different prices at different times and on different dates as availability for an Event changes.
4.7 If the amount You pay for a Ticket is incorrect regardless of whether because of an error in a price posted by Illyria 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 Illyria 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 Illyria’s systems.
5.1 Tickets are issued as an electronic ticket will be delivered to the email address provided when registering for Your online booking account. Electronic tickets can either be printed on plain, clean A4 paper or presented on a mobile device (although should be downloaded in advance as mobile connectivity cannot be guaranteed at the Venue).
6. Changes of event
6.1 Illyria, the Promoter and/or the Venue reserve the right to make alterations to the published Event programme where reasonably necessary and without advance notice. Where such alteration is a Material Change, the terms of Clause 11.4 shall apply.
7. Refunds and exchanges
7.1 Tickets cannot be refunded after purchase. Cancellation in the event of extreme weather only, where continuation of the performance would be dangerous. In the rare event of a cancellation due to weather, the performance will be re-scheduled and all tickets honoured. Tickets are non-refundable when cancellation is due to extreme weather.
7.2: Performances will continue in all weathers, except where the conditions are considered too dangerous by the Venue and/or Illyria.
7.3 These Terms & Conditions do not and shall not affect Your statutory rights as a consumer.
7.4 Illyria does not generally carry understudies for its theatrical productions and so it may be necessary to cancel a performance of an Event at short notice due to cast indisposition.
8.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at Your own risk. Illyria will not be liable for personal arrangement costs for the cancellation or rescheduling of an Event.
8.2 Neither Illyria nor the Venue nor the Promoter will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a direct result of Illyria’s negligence or that of the Venue or the Promoter or other breach of statutory duty. Any property left with Illyria, the Venue or the Promoter, shall be entirely at Your own risk.
8.3 Nothing in these Terms & Conditions seeks to exclude or limit Illyria’s nor the Venue’s nor the Promoter’s liability for death or personal injury caused by Illyria’s, the Venue’s or the Promoter’s (as relevant) negligence, fraud or other type of liability which cannot by law be excluded or limited.
9. Cancelled and re-scheduled events
9.1 It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, Illyria will use its reasonable endeavours to notify You using the details You provided Illyria with at the time of ordering. Illyria does not guarantee that You will be informed of such cancellation before the date of the Event.
9.2 It is Your responsibility to inform Illyria of any change to the contact address, telephone number or email address You provide Illyria with at the time of ordering.
10. Restrictions on the purchase of tickets
10.1 There may be restrictions on the number of Tickets any individual can order. Any such restriction shall be notified to You at the time You book the Tickets. Illyria reserves the right to cancel Tickets purchased in excess of this number, without prior notice unless the purchase of an excess was due to Illyria’s error.
11. Conditions of admissions
11.1 The Venue reserves the right, in combination with any other statements that may be displayed at the premises, to:
(a) refuse Ticket holders admission to the Venue or close the Venue;
(b) request that Ticket holders leave the Venue at any point and may take any appropriate action to enforce this right;
11.2 No refunds will be given to Ticket holders who are refused entry or ejected pursuant to Clause 11.1.
11.3 The Venue shall only request that Ticket holders leave the Venue under the terms of Clause 11.1(b) on reasonable grounds, such as:
(a) a Ticket holder 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
(b) a Ticket holder 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;
(c) a Ticket holder in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs;
11.4 You must comply with instructions and directions given by Venue staff and stewards.
12. Restrictions and prohibitions
12.1 By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. Illyria, the Venue or the Promoter may use such films and recordings (including any copies) without payment.
12.2 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 materials.
12.3 Smoking is not permitted unless within a designated smoking area (if any).
12.4 The following are not permitted within any Venue:
(a) laser pens;
(b) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives); and
(c) illegal substances.
12.5 The Venue reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion 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.
13. Health and safety
13.1 Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event.
13.2 If You 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, gunshots, audio visual, pyrotechnic and smoke effects or lighting and strobe effects. Signs will be displayed Front-of-House to warn Ticket holders about strobe lighting, smoke effects and gunshots.
14. Dispute resolution
14.1 In the event that any dispute arises out of these Terms & Conditions or You have any other complaint, You should send details of the dispute or complaint by post to Illyria or by email to email@example.com. Full details of the complaint, the preferred method of contact, any information regarding any previous attempt to resolve this matter, and the preferred solution should be included.
14.2 Illyria will acknowledge any complaint as soon as possible, giving an indication of how long is needed to investigate the matter. Illyria aims to provide this acknowledgement within a maximum of 7 days. Illyria may need to contact the person raising the complaint for further details or to investigate further.
14.3 At the end of our investigations, Illyria will confirm the outcome of the complaint in writing. This will include further details of who to write to if the outcome is not considered to be satisfactory. If no response is received within 14 days of sending the confirmation, Illyria will assume that the issue is resolved.
15.1 If Illyria delays or fails to enforce any of these Terms & Conditions it shall not mean that Illyria has waived its right to do so.
16.1 Illyria shall be entitled to assign any of its rights and obligations under these Terms & Conditions provided that Your rights are not adversely affected.
17.1 If it is found by a Court that any of these Terms & Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
18. Third parties
18.1 Any person, other than the Venue or Promoter, not a party to these Terms & Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms & Conditions. The act can give rights under some contracts to third parties who are not parties to those contracts but in this case only Illyria, the Venue, the Promoter and You (or Your assignees permitted hereby) have rights and obligations under this contract.
19. Force Majeure
19.1 Illyria will not be liable to You for failure to perform any obligation under these Terms & Conditions to the extent that the failure is caused by Force Majeure.
19.2 For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond Illyria’s control including, without limitation, act of God, war, disease, pandemics, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, royal mourning, national mourning, theft of essential equipment, malicious damage, strike, lock out, extreme weather, third party injunction, national defence requirements, acts or regulations of national or local governments. The Management 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 or due to Force Majeure.
20. Amendments and variations
20.1 Illyria intends to rely on the written terms set out here in this document as well as the written terms and conditions of the Venue and 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. After the contract has been made, these Terms & Conditions cannot be varied or amended in any respect unless both You and Illyria agree (and it is preferable that this is in writing).
21. No partnership or agency
21.1 Nothing in these Terms & Conditions and no action taken by You or Illyria under these Terms & 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 Illyria beyond the relationship created under these Terms & Conditions.
22. Entire agreement
22.1 These Terms & Conditions, and the terms and conditions of the Venue and 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.
22.2 Each of the parties agrees that it has not entered into these Terms & 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 & Conditions or not) other than as expressly set out in these Terms & Conditions.
22.3 Nothing in this clause shall operate to limit or exclude any liability for fraud.
23. Governing law and jurisdiction
23.1 These Terms & 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.