Part 1 of these Terms and
Conditions shall apply to the sale of Goods by the Seller to the Buyer using
the Website (all as defined in Part 1 of the Terms and Conditions).
Part 2 of these Terms and
Conditions shall apply to the sale of Tickets by the Seller to the Buyer using
the Website (all as defined in Part 2 of the Terms and Conditions).
CONDITIONS FOR SALE OF GOODS USING WEBSITE
1.1 "Buyer" means the individual or organisation
who buys or agrees to buy the Goods from the Seller;
shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.3 "Contract" means the contract between the
Seller and the Buyer for the sale and purchase of Goods incorporating these
Terms and Conditions;
1.4 "Goods" means the articles (including any
digital content) that the Buyer agrees to buy from the Seller;
1.5 "Seller" means Spirit of Speyside Whisky Festival
Limited, a company registered in Scotland with company number
that owns and operates the Website;
1.6 "Terms and Conditions" means the terms and
conditions of sale set out in this agreement and any special terms and
conditions agreed in writing by the Seller;
2.1 When buying any Goods, the Buyer also agrees to be
legally bound by the Seller’s website terms and conditions.
2.2 Nothing in these Terms and Conditions shall affect the
Buyer’s statutory rights as a Consumer.
2.3 These Terms and Conditions shall apply to all contracts
for the sale of Goods by the Seller to the Buyer and shall prevail over any other
documentation or communication from the Buyer.
2.5 Any variation to these Terms and Conditions (including
any special terms and conditions agreed between the parties) shall be
inapplicable unless agreed in writing by the Seller.
2.6 Any complaints should be
addressed to the Seller's address stated in clause 1.5.
2.7 By law, the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013 say that the Seller must
give the Buyer certain key information before legally binding the contract
between the Seller and the Buyer. This information will be available to the
Buyer on the Website or the Buyer may contact the Seller to request the key
information. If the Seller has to change any key information once a legally
binding contract between the Seller and the Buyer is made, the Seller can only
do this if the Buyer agrees.
3.1 All orders for Goods shall be deemed to be an offer by
the Buyer to purchase Goods pursuant to these Terms and Conditions and are
subject to acceptance by the Seller. The Seller may choose not to accept an
order for any reason.
3.2 Where the Goods ordered by the Buyer are not available
from stock the Buyer shall be notified and given the option to either wait
until the Goods are available from stock or cancel the order and receive a full
refund within 14 days.
3.3 When making an order through the Website, the technical
steps the Buyer needs to take to complete the
order process are described in Part 1 of
the Schedule to this Part 1 of the Terms and Conditions.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the
Website. The price is inclusive of VAT and delivery costs. The price shown in
Great British Pounds.
4.2 The total purchase price, including VAT, delivery and
other charges, if any, will be displayed in the Buyer’s shopping cart prior to
confirming the order and will be displayed in Great British Pounds.
4.3 After the order is received the Seller shall confirm by
email the details, description and price for the Goods together with
information on the right to cancel if the Buyer is a Consumer.
4.4 Payment of the price plus VAT and delivery charges must
be made in full before dispatch of the Goods.
4.5 The Seller will do all that they reasonably can to
ensure that all of the information given to them by the Buyer when paying for
the Goods is secure by using an encrypted secure payment mechanism. However, in
the absence of negligence on the Seller’s part, the Seller will be legally
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update
prices on the Website, which cannot be guaranteed for any period of time. The
Seller shall make every effort to ensure prices are correct at the point at
which the Buyer places an order.
5.2 The Seller reserves the
right to withdraw any Goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for
withdrawing any Goods from the Website or for refusing to process an order.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a
certain age the Buyer will be asked when placing an order to declare that they
are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers that the Buyer is not legally
entitled to order certain Goods, the Seller shall be entitled to cancel the
order immediately, without notice.
7.1 Goods supplied within the UK will normally be delivered
within seven working days of acceptance of order but in any event, within 30
days after the Contract is entered into.
7.2 Goods supplied outside the UK will normally be
delivered within fourteen working days of acceptance of order but in any event,
within 30 days after the Contract is entered into.
7.3 Unless the Seller and the Buyer agree otherwise, if the
Seller cannot deliver the Goods within 30 days, the Seller will:
7.3.1 let the Buyer know;
the order; and
7.3.3 give the Buyer a refund.
7.4 Where a specific delivery date has been agreed, and
where this delivery date cannot be met, the Buyer will be notified and given
the opportunity to agree a new delivery date or receive a full refund.
7.5 Where a specific delivery date has been agreed and
nobody is available to take the delivery of the Goods, the Buyer should contact
7.4 Delivery of the Goods shall be made to the Buyer’s
address specified in the order and the Buyer shall make all arrangements
necessary to take delivery of the Goods whenever they are tendered for
delivery. The Seller is under a legal obligation to supply Goods in conformity
with the Contract.
7.5 Risk in the Goods shall pass to the Buyer when they are
in the physical possession of the Buyer.
7.6 Title in the Goods shall
not pass to the Buyer until payment of the price has been made in full.
if a Consumer, has the right to cancel the Contract within 14 days without
giving any reason. The conditions, time limits and
exercising the Buyer’s right to cancel are laid out in the Part 2 of the Schedule
to this Part 1 of the Terms
and Conditions together
with a cancellation form, in accordance with The Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013.
9 GIFT VOUCHERS
to these Terms and Conditions, the following terms and conditions shall apply
to the sale of gift vouchers:
9.1 Gift vouchers will be dispatched within seven days of
acceptance of order and will be delivered by Royal Mail or courier. Payment of
the price plus VAT and delivery charges must be made in full before dispatch of
the gift voucher(s).
9.2 The Buyer must notify the Seller of any discrepancy in
a delivery as soon as possible but in any event within 7 days of the delivery
of the vouchers.
9.3 Risk of loss, destruction or damage to the vouchers
remains with the Seller until delivery to the Buyer where upon risk shall pass
to the Buyer.
9.4 Gift vouchers may be exchanged for goods
Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on
a sale or return basis and no return will be permitted unless it can be
demonstrated that the Seller has been in error in fulfilling the Buyer's order.
9.5 Gift vouchers are valid for twelve months from the date
of purchase and cannot be renewed once they have expired. Vouchers cannot be
replaced if lost or damaged.
10 REMEDY FOR BREACH
Consumer Rights Act 2015
Goods must be as described, fit
for purpose and of satisfactory quality. During the expected lifespan of any
product purchased by the Buyer, they are entitled to the following:
up to 30
days: if the Goods received are
faulty, then the Buyer can get a refund;
10.1.2 up to six
months: if the Goods received cannot be repaired or replaced, then the Buyer is
entitled to a full refund, in most cases;
up to six years: if the Goods received do not last a reasonable length of time, the
Buyer may be entitled to some money back
Clause 10.1 provides a summary of some of the Buyer’s key
rights. For detailed information from Citizens Advice the Seller should visit
www.citizensadvice.org.uk or call 03454 04 05 06.
11 LIMITATION OF
11.1 The Seller shall not be responsible for:
that were not caused by any breach on the part of the Seller; or
11.1.2 any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure); or
11.1.3 any indirect or consequential losses that were not
foreseeable to both the Buyer and the Seller.
11.2 The Seller shall not be held responsible for any delay
or failure to comply with its obligations under these Terms and Conditions if
the delay or failure arises from any cause which is beyond its reasonable
control. This condition does not affect the Buyer’s legal right to have Goods
sent within a reasonable time or to receive a refund if Goods ordered cannot be
supplied within a reasonable time owing to a cause beyond the Seller’s
11.3 Nothing in these Terms and Conditions limits or excludes
the Seller’s responsibility for fraudulent representations made by it or for
death or personal injury caused by the Seller’s negligence or wilful
12.1 The Seller will try to
resolve any disputes with the Buyer quickly and efficiently.
12.2 If the Buyer is unhappy with the Goods or any other matter, the Buyer should contact the
Seller as soon as possible.
12.3 If the Seller and the Buyer cannot resolve a dispute
using the Seller’s internal complaint handling procedure, the Seller will:
the Buyer know that the Seller cannot settle the dispute with the Buyer; and
12.3.2 give the Buyer certain information required by law about the
Seller’s alternative dispute resolution (ADR) provider. The Buyer may also use
the online dispute resolution
(ODR) platform to resolve the dispute with the Seller. For more details, the
Buyer can visit the website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.
by the Seller (whether express or implied) in enforcing any of its rights under
this contract shall prejudice its rights to do so in the future.
14 FORCE MAJEURE
shall not be liable for any delay or failure to perform any of its obligations
if the delay or failure results from events or circumstances outside its
reasonable control, including but not limited to, acts of God, strikes, lock
outs, accidents, war, fire, failure of any communications, telecommunications
or computer system, breakdown of plant or machinery or shortage or
unavailability of raw materials from a natural source of supply, and the Seller
shall be entitled to a reasonable extension of its obligations.
If any term
or provision of these Terms and Conditions is held invalid, illegal or
unenforceable for any reason by any court of competent jurisdiction such
provision shall be severed and the remainder of the provisions hereof shall
continue in full force and effect as if these Terms and Conditions had been
agreed with the invalid illegal or unenforceable provision eliminated.
16 CHANGES TO TERMS
shall be entitled to alter these Terms and Conditions at any time but this
right shall not affect the existing Terms and Conditions accepted by the Buyer
upon making a purchase.
17 GOVERNING LAW AND
and Conditions shall be governed by and construed in accordance with the law of
Scotland and the parties hereby submit to the exclusive jurisdiction of the
18 CUSTOMER SERVICE
customer service enquiries, please contact
us on 07789 671635 or 07799 636861.
19 FULL POSTAL
postal address is PO Box 6783, Elgin, Moray, IV30 9DU.
below is how a legally binding contract between the Buyer and the Seller is
places an order on the Website by navigating to the “Shop” section of the
Website and selecting which item
they require from a range of merchandise and
gift vouchers available. The Buyer must enter the quantity of the item they
wish to purchase and click the button “Add to Bag”. Once the Buyer has finished
selecting the items they wish to purchase, they should click on the shopping
bag icon at the top of the webpage. The Buyer must
read and check the order carefully
before submitting it. Any errors should be corrected before clicking the “Pay
Securely Now” button.
Postage costs are calculated based on the items selected and are
provided on the payment screen, prior to making payment. The Buyer is advised
that postage is to UK only.
If the Buyer is purchasing a Ticket, there is a Booking Fee of £2.00
applied to each transaction and this is displayed on the purchasing screen
together with an overall total.
The Buyer will be asked to enter identifying information prior to
making payment and must also accept the Terms and Conditions before making
The Buyer will be able to pay for the items using Visa, Mastercard
or Maestro, and will be asked to enter payment information.
Once the Buyer has clicked the “Place Order Now” button, the order
will be placed, and, they will be directed to Sagepay for processing. The Buyer
may be asked to answer additional security questions by their card issuer.
Once the order has been completed, the Buyer will receive an acknowledgement
and a copy of this will be sent to
acknowledgement does not, however mean that the order has been accepted by the
will accept the order when they email the Buyer to confirm this. At this
a legally binding contract will
be in place between the Buyer and the Seller; and
the Seller will dispatch the Goods
to the Buyer.
RIGHT TO CANCEL
Buyer has the right to cancel this contract within 14 days without giving any
cancellation period will expire after 14 days from the day:
of the conclusion of the contract, in the case of a service
contract or a contract for the supply of digital content which is not supplied
on a tangible medium;
on which the Buyer acquires, or a third party other than the
carrier and indicated by the Buyer acquires, physical possession of the Goods,
in the case of a sales contract;
on which the Buyer acquires, or a third party other than the
carrier and indicated by the Buyer acquires, physical possession of the last
good, in the case of a contract relating to multiple goods ordered by the
consumer in one order and delivered separately;
on which the Buyer acquires, or a third party other than the
carrier and indicated by the Buyer acquires, physical possession of the last
lot or piece, in the case of a contract relating to delivery of a good
consisting of multiple lots or pieces;
(e) on which the Buyer acquires, or a
third party other than the carrier and indicated by the Buyer acquires,
physical possession of the first good, in the case of a contract for regular
delivery of goods during a defined period of time.
3 To exercise the right to cancel, the
Buyer must inform the Seller of their decision to cancel this contract by a
clear statement (e.g. a letter sent by post, fax or e-mail).
4 To meet the cancellation deadline,
it is sufficient for the Buyer to send their communication concerning their exercise
of the right to cancel before the cancellation period has expired.
5 If the Buyer cancels this contract, the
Seller will reimburse to the Buyer all payments received from the Buyer,
including the costs of delivery (except for the supplementary costs arising if the
Buyer choses a type of delivery other than the least expensive type of standard
delivery offered by the Seller).
Seller may make a deduction from the reimbursement for loss in value of any
goods supplied, if the loss is the result of unnecessary handling by the Buyer.
Seller will make the reimbursement without undue delay, and not later than:
14 days after the day they receive back from the Buyer any goods
(if earlier) 14 days after the day the Buyer provides evidence
that they have returned the Goods, or
(c) if there were no goods supplied, 14
days after the day on which the Seller is informed about the Buyer’s decision
to cancel this contract.
8 The Seller will make the
reimbursement using the same means of payment as the Buyer used for the initial
transaction unless the Buyer has expressly agreed otherwise; in any event, the
Buyer will not incur any fees as a result of the reimbursement.
9 In the event of cancellation the
Seller may withhold reimbursement until they have received the Goods back
(where the Seller has not offered to collect the Goods) or the Buyer has
supplied evidence of having sent back the Goods, whichever is the earliest.
RETURN OF GOODS
10 If the Buyer has received the Goods:
10.1 they shall send back the Goods or
hand them over to the Seller at Spirit of Speyside Whisky Festival Limited,
c/o PO BOX 6783 Elgin IV30 9DU. without undue delay and in any event not later
than 14 days from the day on which the Buyer communicates their cancellation
from this contract to the Seller. The deadline is met if the Buyer sends back
the Goods before the period of 14 days has expired.
Buyer will have to bear the direct cost of returning the Goods; and
10.3 the Buyer is only liable for any
diminished value of the Goods resulting from the handling other than what is
necessary to establish the nature, characteristics and functioning of the Goods.
BEGUN DURING CANCELLATION PERIOD
Buyer requested to begin the performance of services during the cancellation
period, the Buyer shall pay the Seller an amount which is in proportion to what
has been performed until the Buyer has communicated to the Seller their
cancellation from this contract, in comparison with the full coverage of the
CONDITIONS FOR SALE OF TICKETS USING WEBSITE
Terms of Website Use which can be found at
information about us and the legal terms and conditions (“Terms”) on which you
may book tickets for an event using our website.
These Terms will
apply to any contract entered into by you to book tickets (“Tickets”) for an
event at the Spirit of Speyside Whisky Festival (an “Event”).
Please read these
Terms carefully and make sure that you understand them, before booking any
Tickets using our website. Please note that before booking Tickets you will be
asked to agree to these Terms.
Please tick the
box provided if you accept these Terms. If you refuse to accept these Terms,
you will not be able to book any Tickets using our website. You should print a
copy of these Terms or save them for future reference.
We amend these
Terms from time to time as set out in Clause 7 below. Every time you wish to
book Tickets, please check these Terms to ensure you understand the terms which
will apply at that time.
1.1. We operate the website
www.spiritofspeyside.com (“Our Website”). We are Spirit of Speyside Whisky
Festival Limited, a company registered in Scotland under company number
SC298534 and with our registered and trading address is PO BOX 6783 Elgin IV30
1.2. Our website allows you to book
Tickets directly from the person or entity responsible for the organisation and
delivery of the Event concerned (the “Event Provider”). The Event Provider of
each Event is identified within the Event details on our website. We may be the
Event Provider or a third party may be the Event Provider. If you are in any
doubt as to the Event Provider of an Event please contact us on
1.3. If we are the Event Provider of an
Event, a contract shall be formed between you and us when you book Tickets for
that Event in accordance with the booking process described in Clause 6 below.
1.4. If a third party is the Event
Provider of an Event, a contract shall be formed between you and that third
party when you book Tickets for that Event in accordance with the booking process
described in Clause 6 below. We shall not be a party to such a contract between
you and the third party Event Provider.
1.5. The contract formed between you and
the Event Provider (as provided for in Clauses 1.3 and 1.4 above) shall be
referred to as a “Contract” in these Terms. Each Contract shall be subject to
1.6. For the avoidance of doubt, these
Terms shall be enforced by us and by the Event Provider for our respective
INFORMATION ABOUT EVENTS
We endeavour to ensure that all of the information about Events on
our website is accurate at all times.
2.2. The information about an Event on
our website is the responsibility of the Event Provider. The Event Provider of
each Event is identified within the Event details on our website. With the
exception of Events where we are the Event Provider, we not accept any
liability in relation to the description of Events on our website.
3. USE OF
Your use of our website is governed by our Terms of Website Use
take the time to read the Terms of Website Use, as they include important terms
which apply to you.
4. HOW WE
USE YOUR PERSONAL INFORMATION
The Event Provider shall only use your personal information in
which apply to you.
TO BOOK TICKETS
5.1. Tickets for certain Events may only
be booked by, or for, persons over the age of 18 years old (that being the
minimum age limit for the consumption of alcohol in the United Kingdom). This
shall include (without limitation) Tickets for whisky-tasting Events. Please
note that there are limited Events at the Spirit of Speyside Whisky Festival
(“the Festival”) that are suitable for persons below the legal age for the
consumption of alcohol.
5.2. If you book Tickets using our
website but are not an individual you confirm that you have authority to bind
any business or entity on whose behalf you use our website to book Tickets.
THE CONTRACT IS FORMED
6.1. The process of ordering Tickets
allows you to check and amend any errors before submitting your order to us.
Please take the time to read and check your order at each page of the order
process. Neither we nor the Event Provider will be responsible in the event
that you make an error in your order for Tickets (including but not limited to
selecting the wrong number of Tickets). Lost, stolen or damaged Tickets will
not be replaced
6.2. An order for Tickets shall be placed
by you when you click the box on the website to confirm your reservation (the
box is marked “Confirm”). You cannot amend or withdraw your order once you have
clicked to confirm your reservation.
6.3. A Contract for Tickets between you
and the Event Provider (that being us or a third party) shall only be formed
when we e-mail you to confirm that the Tickets that you placed an order for
have been booked. This email shall be your e-Ticket for the Event (“your
e-Ticket”). Only one e-Ticket shall be in respect of any order and the e-Ticket
shall detail the number of Tickets booked.
6.4. You should check the details listed
on your e-Ticket and promptly advise us of any errors on the e-Ticket.
Website shall include the name and contact details of the Event Provider of the
6.6. Once you have received your
e-Ticket, any further enquiries or correspondence in connection with your
Tickets or the Event should be addressed to the Event Provider. This will
ensure that your enquiries or correspondence may be dealt with as promptly as
practicable by the Event Provider.
6.7. Once your e-Ticket has been issued,
your Tickets shall be non-refundable save as specified in Clause 8 below and
shall be non-exchangeable
RIGHT TO VARY THESE TERMS
7.1. We may revise these Terms from time to
time. Whenever we revise these Terms, we will keep you informed and give you
notice of this by stating that these Terms have been amended and the relevant
date on our website.
7.2. Every time you book Tickets using
our website, the Terms in force at the time you submit your order for Tickets
(in accordance with Clause 6.2 above) will apply to the Contract.
8.1. We reserve the right to cancel the
Festival in any year or years without incurring any liability to you. We also
reserve the right to alter the Festival programme, again without incurring any
liability to you.
8.2. Whilst the Event Provider shall
endeavour to deliver the Event in accordance with the details of the Event
provided on our website, the Event Provider reserves the right to:
cancel the Event; or
(b) alter the Event (including without
limitation, the event date, time, location, duration or content);
by providing you with notice of cancellation or alteration (as
appropriate) as soon as practicable, provided always that the Event Provider
shall not require to provide you with any notice of any alterations to the
content of the Event which are not, in the Event Provider’s view acting
reasonably, material. In the event of the Event Provider exercising their
rights under this Clause 8.2, the Event Provider’s liability in respect of such
cancellation or alteration of the Event shall be limited to the refunds
specified in Clauses 8.3 and 8.4 below.
8.3. In the event of the Event Provider
exercising their right in Clause 8.2(a) above to cancel an Event, you shall be
entitled to a refund of the ticket price paid by you after deducting a small
administration charge. The booking fee paid shall be non-refundable.
8.4. In the event of the Event Provider
exercising their right in Clause 8.2(b) above to materially alter an Event (to
be judged by the Event Provider acting reasonably), upon request you shall be
entitled to cancel your Tickets for that Event and receive a refund of any
price you paid for your Tickets for that Event. The booking fee paid shall be
request for a refund for Tickets purchased should be addressed to the Event
8.6. The Event Provider shall only be
obliged to provide you with a refund for Tickets in the circumstances specified
in Clauses 8.3 and 8.4 above. All other refunds shall be at the discretion of
the Event Provider. The Consumer Protection (Distance Selling) Regulations 2000
do not apply to the purchase of Tickets via our website. Those Regulations give
purchasers purchasing goods and services online a “cooling-off” period to
cancel their purchase. The purchase of Tickets using our website falls into one
of the exceptions from the Regulations.
9.1. Tickets may be free or subject to a
charge. The price payable for Tickets (if any) will be as quoted on our website
from time to time and will be shown in Great British Pounds.
9.2. The price of Tickets charged by an
Event Provider may be VAT inclusive. You should contact the Event Provider
directly if you require a VAT invoice.
9.3. Where Tickets are subject to a
price, you shall also require to pay a nonrefundable booking fee to us.
9.4. You will receive notice of the total
price inclusive of VAT (if applicable) and booking fee payable for the Tickets
before you place your order in accordance with Clause 6.2 above. The price will
be shown in Great British Pounds.
10. HOW TO PAY
10.1. You must pay for Tickets and the
booking fee using a debit card or credit card, by Sage Pay or by such other
method of payment as notified on Our Website at the time you place an order for
Tickets. We accept the following cards: Visa, MasterCard and Visa Debit Card.
10.2. Payment for Tickets and the booking
fee must be made immediately after placing your order for Tickets in accordance
with Clause 6.2 above. You will not receive your e-Ticket and no Contract shall
be formed until we have received full payment for the Tickets you have ordered.
AT AN EVENT
11.1. You and every person for whom you
order a Ticket for an Event (each referred to as an “Attendee”) agree to comply
with the following rules of conduct at the Event:
each Attendee must print their e-Ticket and present it for
admission to the Event;
each Attendee must produce photographic proof of identification
and age to the Event Provider upon request;
each Attendee must comply with any restrictions on smoking at the Event
imposed by the law or the Event Provider. It is a criminal offence to smoke
within covered areas;
each Attendee must not act in any manner that in the Event Provider’s
opinion is likely to endanger the attendee concerned or others (this shall
include but is not limited to acting aggressively or acting under the influence
of illegal drugs);
(e) if requested by the Event Provider
each Attendee and/or you/their personal property shall be submitted to a
each Attendee shall switch their mobile phone and all similar
devices to silent mode before the Event commences. An Attendee shall not make
or receive calls during the Event or otherwise use their mobile phone or
similar devices during the Event in a manner that is distracting to performers
or other attendees of the Event;
unless the Event Provider expressly agrees otherwise, an Attendee shall
only consume food and drink provided at the Event by the Event Provider or with
the authority of the Event Provider;
an Attendee shall only drink alcohol legally, responsibly and in moderation
and shall not drive if the Attendee is, or may be, over the legal limit for
an Attendee must not interrupt any presenter or performer or contributor
at the Event. This restriction may apply to those making oral translations if
they are intruding on the enjoyment of other attendees;
(j) an Attendee must not use recording
devices of any form without the prior express consent of the Event Provider and
the presenter and/or performer and/or contributor at the Event. Photography is
permitted at the Event unless the Event Provider states otherwise. Any photography
must not intrude on the enjoyment of the Event by others;
(k) no pets or animals are permitted at
the Event or on the premises where the Event is being held without the prior
express permission of the Event Provider;
(l) each Attendee must leave the Event
as quickly and quietly as possible. Speyside is a peaceful and friendly area;
(m) each Attendee must act with due
consideration to your fellow attendees at the Event and the Festival.
11.2. In the event of any Attendee failing
to comply with any of the obligations in Clause 11.1 above, the Event Provider
shall be entitled to refuse the Attendee access to the Event or to require the
Attendee to immediately leave the Event. In the event of the Event Provider
exercising this right to refuse access or to require an attendee to leave the
Event, neither you nor any Attendee shall be entitled to any refund in respect
of the Ticket for the Event of the Attendee concerned and the Event Provider shall
have no other liability in respect of the Attendee being unable to attend the
whole or part of the Event.
11.3. Neither we nor any third party Event
Provider accepts any responsibility for items lost or stolen at an Event.
11.4. Each Attendee must use best
endeavours to arrive on time for the start of an Event. The Event Provider
shall be entitled to refuse access to the Event to any Attendee who arrives
more than 5 minutes after the Event has commenced, unless the Event Provider has
specifically agreed to later admission in advance.
11.5. The published finishing times for
Events are approximate only. Please allow for the late running of Events if
earlier events overrun or due to transport delays or similar causes. All Event
Providers shall endeavour to keep to the published schedule. Each Attendee
should make provision for travel and other plans accordingly.
11.6. Each Attendee at an Event consents to
filming, photography and sound recording of the Event and to the use, reproduction,
storage and broadcasting of such film and recording (including copies made) by
the Event Provider and us.
12.1. Subject to Clause 12.4 below, we
shall not be liable in any way under a Contract or for an Event unless we are
the Event Provider of the Event concerned. Each Event Provider is responsible
for their Event.
exclude liability to you for:
losses that were not foreseeable to both you and us when the Contract
between you and us was formed, that is, loss not within the reasonable
contemplation of the parties, at the time the parties entered into the Contract
as a probable result of the breach;
losses that were not caused by any breach of these Terms by us (or
our agents); and
business losses, or losses to non-consumers.
Event Provider excludes liability to you for:
losses that were not foreseeable to both you and the Event
Provider when the Contract between you and the Event Provider was formed, that
is, loss not within the reasonable contemplation of the parties, at the time
the parties entered into the Contract as a probable result of the breach;
losses that were not caused by any breach of these Terms by the Event
Provider (or its agents); and
business losses, or losses to non-consumers.
12.4. We, and
any Event Provider, do not in any way exclude or limit our respective liability
(a) death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation; or
(c) any other matter it would be unlawful
for us to exclude or limit our liability in relation to.
OUTSIDE OUR CONTROL
13.1. The Event Provider will not be liable
or responsible for any failure to perform, or delay in performance of, any of
the Event Provider’s obligations under a Contract that is caused by an Event
Outside the Event Provider’s Control. An Event Outside the Event Provider’s
Control is defined below in Clause 13.2 below.
13.2. An Event Outside the Event Provider’s
Control means any act or event beyond the reasonable control of the Event
Provider, including without limitation strikes, lock-outs or other industrial
action by third parties, civil commotion, riot, invasion, terrorist attack or
threat of terrorist attack, war (whether declared or not) or threat or
preparation for war, fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster, or failure of public or private
telecommunications networks or impossibility of the use of railways, shipping,
aircraft, motor transport or other means of public or private transport.
13.3. If an Event Outside the Event
Provider’s Control takes place that affects the performance of the Event
Provider’s obligations under a Contract:
the Event Provider will contact you as soon as reasonably possible
to notify you; and
the Event Provider’s obligations under a Contract will be
suspended and the time for performance of the Event Provider’s obligations will
be extended for the duration of the Event Outside the Event Provider’s Control.
14.1. We may transfer our rights and
obligations under a Contract to another organisation or person, but this
will not affect your rights or our obligations under these Terms. We will
notify you by posting on our website if this happens.
14.2. You may only transfer your rights or
your obligations under these Terms to another person if we agree in writing.
14.3. Each Clause and Sub-Clause of these
Terms operates separately. If any court or relevant authority decides that any
of them are unlawful or unenforceable, the remaining Clauses and Sub-Clauses
will remain in full force and effect.
14.4. If we or an Event Provider fail to
insist that you perform any of your obligations under these Terms, or if we or
an Event Provider do not enforce Our rights against you, or if we or an Event
Provider delay in doing so, that will not mean that we or an Event Provider
have waived our respective rights against you and will not mean that you do not
have to comply with those
obligations. If we or an Event Provider do waive a default by you,
we or an Event Provider will only do so in writing, and that will not mean that
we or an Event provider will automatically waive any later default by you.
14.5. These Terms are governed by Scottish law.
This means that a Contract, and any dispute or claim arising out of or in
connection with it or its subject matter or formation (including
non-contractual disputes or claims), will be governed by Scottish law. You
agree to the non-exclusive jurisdiction of the courts of Scotland.
Customer Service Information
18. For all
customer service enquires, please contact email@example.com or
07789671635 or 07799636861.