I. Definitions and interpretation
“Event” means an entertainment event including, without limitation, a concert, exhibition, sports, theatrical and/or music event to be held at a Venue in respect of which We have the right to sell You Tickets.
“Tickets” means tickets or other types of evidence (including electronic tickets) for an Event sold by Us to You on behalf of the organisation responsible for the Event for the right to occupy space at or to attend an Event.
“Venue” means any facilities or locations of any nature where the Event is being held.
“We” means Filmsim Ltd. “Us” and “Our” shall be read accordingly.
“You” means you or anybody who in Our reasonable opinion is acting with your authority or permission. “Your” shall be read accordingly.
“Promoter” means the person firm or company staging the Event if different from Us and the Venue.
“Group” means group organisers, charities, travel and coach companies or other organisations that We have agreed to sell to knowing that the Tickets are intended for resale.
These Terms and Conditions incorporate and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations, copies of which are available upon request from the Venue. In the event of any inconsistency between the terms in relation to Venue or Event requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail.
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 Tickets constitutes acceptance of these Terms and Conditions.
We confirm that We are authorised to sell Tickets.
A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket. Where a physical Tticket is not issued you will be sent an electronic Ticket vie email.
It is Your responsibility to check Your Tickets as if you have made a mistake they cannot always be rectified after purchase. Please check your Tickets 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. It is not always possible to issue duplicate tickets, for example but not limited to non-seated events where there is a possibility of both the original and duplicate tickets being used, compromising the licensed capacity of the venue. Duplicates may therefore be issued at the discretion of the Promoter or the Venue acting reasonably. In the event of duplicates being issued, a reasonable administration charge may be levied.
Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
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, trade marks, logos and/or intellectual property appearing on the Ticket.
In the majority of cases an electronic Ticket will be emailed to the address provided by You at the time of purchase. A register of purchasers will be provided to the Venue to assist in entry to the Event.
4. Price and payment
The price of the Ticket shall be the price set at the time We accept Your order. All prices set are inclusive of any applicable taxes but exclusive of any booking fee and collection or delivery fee. No order will be accepted until We have received full payment.
In the case of a Ticket being secured by a partial deposit payment, the remainder of the Event entry fee must be paid on arrival at the Venue.
An electronic Ticket will be sent to the email address given at the time of purchase. Your name will also be recorded and a list of purchasers will be made available to the Promoter and the Venue for confirmation.
6. Changes to Event
Where reasonably necessary, the organiser of the Event and/or the Venue reserves the right to make alterations to the published Event programme.
Except where We offer an applicable Ticket exchange or resale facility, Tickets cannot be exchanged or refunded after purchase unless the event is cancelled or rescheduled (subject to below) or where there is a material change to the programme of Event. Where an Event is cancelled or rescheduled (subject to below) by the Venue or 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 clause.
A ‘material’ change 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.
Where such a refund is sought You must bring this to Our attention as soon as possible upon becoming aware of such change and, where the Event has been rescheduled, prior to the rescheduled Event. The refund for Tickets equals the full value paid by You. In order to claim Your refund, please apply in writing to Your point of purchase, enclosing Your complete unused Tickets, if received, promptly (e.g. within 3 months from the date of the Event).
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, Consumer Direct (https://www.gov.uk/consumer-protection-rights) or the Department for Business Enterprise & Regulatory Reform.
Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be limited to the refund as set forth in Section 7.
Neither We nor the Venue nor the Promoter will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Our negligence or that of the Venue or the Promoter or other breach of statutory duty.
9. Cancelled/re-scheduled Events
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, We will use Our reasonable endeavours to notify You using the details You provided Us with at the time of ordering. We do not guarantee that You will be informed of such cancellation before the date of the Event.
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.
10. Use of details and Data Protection
11. Resale/use of Tickets and property
You may not re-sell or transfer a Ticket if prohibited by law.
If You are unable to attend the Event, You may sell or transfer Your Ticket to another person as long as You adhere to the following:
1) You must inform us as soon as possible via an email to firstname.lastname@example.org providing Your details, the Event and Ticket type, and the New Ticket holder’s name and email address.
2) You must pass on all relevant information to the new Ticket holder, especially respecting any further monies to be paid on arrival at the Venue and any clothing or equipment requirements for the Event.
You may not re-sell or transfer a Ticket if you are selling or transferring the Ticket in the course of business. You are deemed to be selling or transferring in the course of business where we reasonably believe you to be doing so.
Circumstances where We may consider that a Ticket is being resold in the course of business include:
1) Where a Ticket is sold or advertised for sale for profit (as defined below) through any medium not authorised by Us, including through unauthorised online auction or other websites. Such a sale will be assessed in the light of the factors set out at 2 & 3 below.
2) Where a single Ticket reseller frequently advertises or offers tickets for resale for the same event or multiple events.
3) Where we reasonably consider that a Ticket offered for resale has originally been purchased with the specific intention of offering it for resale for profit and with no intention for the original purchaser or a friend or associate of the purchaser to make use of the Ticket by attending the event.
4) Where we offer an authorised exchange, return or resales facility, a Ticket offered for resale for profit more than fourteen days before the event takes place and through sales channels that have not been authorised by Us will automatically be considered to be a business transaction. Such a sale will be assessed in light of factors set out at 2 & 3 above. If a ticket is offered for resale for profit less than fourteen days before the event takes place then We may determine whether We consider this to be a business transaction by taking other factors into consideration including:
a. The number of tickets being offered for sale by the ticket reseller.
b. Any evidence that You or someone for whom You have bought the ticket can provide regarding the fact that he/she cannot attend the event for genuine reasons.
c. Whether a third party business (such as an online auction site or other such ticket resale facilitator) not authorised by Us will benefit financially by way of commission or other fee from facilitating the resale of the ticket, particularly if that financial benefit varies according to the price paid for the resold ticket.
Re-selling a Ticket for profit means any re-sale that seeks a price that is higher than the face value of the ticket and the relevant booking fee and/or handling fee (if any) that You paid for the Ticket.