Over Lunan – Terms and Conditions

We’re doing all we can to make sure your time at our event will be enjoyable and safe. Tickets and packages are therefore subject to a range of scalable measures to meet prevailing Government guidance at the time of your visit.

1) Introduction

Aproxima Arts is a social action, Glasgow-based arts organisation run by Angus Farquhar. Arbroath Festival is an event celebrating the 701st anniversary of the Declaration of Arbroath and is produced by Hospitalfield. 2020+1 is Arbroath Festival is a registered charity (SC047857). Aproxima Arts and Arbroath 2020+1 (‘We’) are producers of Over Lunan.

2) 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. “Event owner” means the person who sets the price of a Ticket. “Event price” means the price set by the Event owner (including any flexible price which is set by the Event owner depending, for example, on market demand, but not including any price set by a reseller) for the sale of a Ticket at the time it is first sold to a customer. Including VAT and any unavoidable charges set by the Event owner (such as a restoration levy, facility fee or refurbishment fee); but Not including any fees charged by us (such as booking fees or delivery charges). “Ticket” 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 attend an event. “Ticket Price” means: The total amount of the Event Price and any booking fees which apply per Ticket, but not including any delivery charge which applies per booking; “Venue” means any facilities or locations of any nature where the event is being held. “We” means Aproxima Arts and Arbroath 2020+1. “Us” and “Our” shall be read accordingly. “You” means you or anybody who in our reasonable opinion is acting with your authority or permission (“you”, “your” shall be read accordingly). “Party” means friends and/or family. “Promoter” means the person firm or company staging the event if different from us and the Venue. “Group” means group organisers, charities, authorised trade agents, travel and coach companies or other organisations that we have agreed to sell to knowing that the Tickets are intended for resale. “Refundable Amount” means the amount of the Ticket Price that is refundable in accordance with these Terms and Conditions which shall not be less than the Event Price.

3) Tickets

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. For the avoidance of doubt, purchase of Tickets to sell for trade purposes by authorised agents also constitutes acceptance of these Terms and Conditions and an undertaking to make their client aware of these Terms and Conditions. A valid electronic Ticket must be presented to gain entry to an Event. Official ID of the lead Ticket holder, corresponding with the name on the Ticket presented, will be subject to random checks on entry to an Event. It is your responsibility to check your Ticket(s) as if you have made a mistake it cannot always be rectified after purchase. Please check your Ticket(s) carefully on receipt and contact us immediately if there is a mistake. We will not be responsible for any Ticket that is lost or stolen. Duplicates may therefore be issued at the discretion of the promoter acting reasonably. If duplicates are being issued, a reasonable administration charge may be levied. 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. Use of images of Tickets (or attempting to replicate Tickets) is prohibited and may be viewed as attempted unauthorised resale unless use is expressly authorised by us.

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 fees. No order will be accepted until we have received full payment unless explicitly agreed otherwise. You accept the ticket price at the point of sale and are not entitled to a full or partial refund should there be a promotion or a discount introduced after you purchased your ticket(s).

5) Delivery

The tickets are e-tickets and will be delivered to the email address you provided when purchasing the ticket. It is your responsibility to provide a valid email address.

6) Changes To Event

Please note that advertised start times of Events are subject to change. Tickets are sold subject to the Organiser’s right to alter or vary the programme of an Event without being obliged to refund monies or exchange tickets, unless such change is material as described in clause 7, in which case the provisions of that clause shall apply.

7) Refunds

Subject to clause 11, Tickets cannot be exchanged or refunded after purchase unless the performance is cancelled or rescheduled (subject to below). Where an event is cancelled or rescheduled (subject to below) by the promoter, where an event is cancelled or rescheduled due to circumstances beyond our control, you will be entitled to claim a refund from us in accordance with this clause. If the event is cancelled, we will contact you to ask whether you would like to reschedule your visit or receive a full refund less any booking fees levied at the point of sale. Please note if the event is cancelled or rescheduled and we refund your tickets, we will not refund the booking fee. These Terms and Conditions do not and shall not affect your statutory rights as a consumer.

8) Liability

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 6. We will not be responsible for any loss, theft or damage of your personal belongings, other than caused as a result of our negligence or other breach of statutory duty.

9) Cancelled/Rescheduled Events

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

In order to provide you with the best service we can, we collect certain personal information about you. When you book Tickets, we may need to collect information about you to process the transaction and fulfil your order. This information may include, but is not limited to, details such as your name, your email address and your credit/debit card details. Please note that all data thus captured will be used and held in accordance with the requirements of data protection legislation. If you have explicitly consented to receive marketing and/or promotional communications we will also use your personal information for the purposes described in our privacy policy. If you have consented to receive them, we will contact you only via your preferred method(s) of e-mail, SMS, post and/or phone. We may also use the information to process any transactions you undertake with us in the future and for statistical and analysis purposes as well as ensuring that our communications with you remain relevant and timely. We do not sell, rent or trade your personal information to third parties for marketing purposes.

11) Resale/ Use of Tickets and Property

Tickets you purchase are for your and your Party’s personal use only. You and your Party must not resell or transfer (or seek to resell or transfer) a Ticket. Any unauthorised resale or transfer (or attempted unauthorised resale or transfer) of a Ticket in breach of the applicable law or these Terms and Conditions will be grounds for seizure or cancellation of that Ticket (in which case we shall refund the Refundable Amount) and/or blacklisting of you from making future purchases. If we cancel any Ticket or blacklist you, we shall notify you. You will be blacklisted from purchasing Tickets for the Event if we have evidence that you are reselling Tickets either: outside the Event or on ‘third party’ websites; or replicating or altering Tickets to resell. If you have bought a Ticket that has been made void, you are able to claim back a refund providing you have given evidence that you have refunded the third party Ticket buyer. You have 60 days to claim your refund once the Ticket has been made void or it will be assumed that your refund amount is to be given to Aproxima Arts and Arbroath 2020+1.

12) Void Tickets

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 Tickets are non-refundable. If your Ticket is voided for entry because it has been resold contrary to the law or our Terms and Conditions, we will make every effort to sell you a new Ticket if any is available, or to provide assistance to help you obtain a refund from your point of purchase, for example by providing you with written confirmation that we voided your Ticket.

13) Restrictions on the Purchase of Tickets

Tickets may be restricted to a maximum number. We reserve the right to cancel Tickets purchased in excess of this number and without the our agreement, without prior notice unless the purchase of an excess was due to our error.

14) Conditions of Admission

The management of the Venue reserves the right to refuse Ticket holders admission to the Venue in reasonable circumstances which may be detrimental to the performance or the event including but not restricted to for health and safety reasons, licensing reasons or where a Ticket is void. Admission to the Venue will be subject to a range of scalable measures to meet prevailing Government guidance at the time of your visit, which could include but are not limited to: self-declarations prior to arrival; staggered arrival times; temperature checks; wearing of face coverings; social distancing; providing track and trace (Test and Protect) information for all members of your Party. You will be advised of these requirements by email of the arrangements for collection (using the details provided at the time of purchase) nearer the time of the Event. Personal belongings and bags may be subject to search. Official ID of the lead Ticket holder of your Party, corresponding with the name on the Ticket presented, may also be subject to random checks during entry to the Event. 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. 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.

15) Restrictions and Prohibitions

Photography and recording of any part of the Event, should be used for non-commercial, personal purposes only. Photographs, film or other audio-visual material recorded may not be sold, used or published commercially in any way whatsoever unless authorised by us or the promoter and may be confiscated by us or our authorised agents if such usage is suspected. For the avoidance of doubt, material over two minutes in length must not be published on video distribution or other social media platforms. Any recording made of an event in breach of these conditions shall belong to us. The use of photographic equipment, mobile telephones, tablets or other electronic devices, must not inconvenience any other person in the audience. The use of tripods and monopods, and flash photography are forbidden. By attending an event, Ticket holders consent to filming, photography and sound recording of themselves as members of the audience. The promoter may use such films, photographs and/or recordings (including any copies) of your actual or simulated likeness without payment in perpetuity. 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. Smoking or vaping is not permitted unless within a designated smoking area (if any). The following are not permitted to be brought in to any Venue: animals (with the exception of assistance dogs); laser pens; alcohol; bottles (more than 500ml), cans or glass containers; any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives); and illegal substances; large backpacks and rucksacks. 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. The promoter and Venue will not be liable for any loss, theft or damage to confiscated items. Every effort shall be made to admit latecomers but not those who have arrived later than 20 minutes after the advertised start of the performance. Ticket holders may only leave and re-enter the Venue during an Event at the discretion of the management of the Venue. Otherwise, there will be no re-admission or pass-outs of any kind. Be aware that, at designated times during the Event, Ticket holders may be prevented from exiting the Venue due to risk of injury. The obstruction of gangways, access-ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to stands or seats for which you do not hold a Ticket is strictly forbidden.

16) Health and Safety

Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the event. You are responsible for ensuring that yourself and all members of your Party comply with UK and Scottish Government requirements related to coronavirus including quarantine and self isolation measures in place at that time. 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.

17) Dispute Resolution

If any dispute arises out of these Terms and Conditions, we will attempt to settle it. To this end we shall use our reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to both parties.

18) Waiver

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.

19) Assignment

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.

20) Severability

If 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.

21) 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, pandemic, 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 7.

22) Amendments and Variations

We intend to rely on the written terms set out here in this document as well as any 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.

23) Entire Agreement

These Terms and 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. 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 set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.

24) Governing Law and Jurisdiction T

hese Terms and Conditions shall be governed by and construed in all respects in accordance with Scottish law and the parties agree to submit to the exclusive jurisdiction of the Scottish courts. Questions relating to our Terms and Conditions should be emailed to overlunanaudience@gmail.com