These Terms and Conditions are the terms upon which tickets are offered for sale on the websites SIX at Hampton Court Palace (https://book.sixthemusical.com (the Site).
The Parties to a contract of sale made on a Site are:
1. Only Connect Partners Ltd. (company number 09409349) trading as SIX Tickets at Hampton Court Palace (SIX Tickets, We, Us, Our); and
2. A person who completes a purchase by selecting tickets, entering payment details and acknowledging the terms of sale (You, Your).
‘You’ means you or anybody who in Our reasonable opinion is acting with your authority or permission. Only Connect Partners Ltd. do not organise the events for which we sell tickets ourselves, we only sell tickets.
2. BINDING CONTRACT
2.1 The contract is subject to and incorporates the General Attendance Conditions and the Performance Conditions.
The Performance Conditions are subject to a number of external circumstances including the public health situation which may change at any time outside Our reasonable control. You agree that if Performance Conditions at any time after purchase, the new Performance Conditions will apply from the time of that change and that there is no entitlement to a refund as a result of such a change. We will make reasonable efforts in accordance with these Terms and Conditions to contact you about any changes we reasonably consider to be material but will have no liability should we not succeed.
2.2 The General Terms & Conditions of Sale are binding on Us and You. Any person (including You) who wishes to use one or more of the tickets You have purchased in order to attend the performance (each such person is an Attender) agrees while using the tickets that the General Attendance Conditions and the Performance Conditions are binding on them. You are responsible for communicating the General Attendance Conditions and Performance Conditions to Attenders.
3. PRE-CONTRACTUAL CONDITIONS
- You can only enter into the contract if You are aged 18 and above and have a valid credit or debit card issued to You by a card issuer through whom We have a facility to collect payment.
- If You are entering into the contract on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity and that the terms will refer and/or apply to that company or other legal entity or to You personally, depending on the context.
- If we reasonably believe that You have entered into this contract fraudulently and/or by means of a so-called bot, spider or other automated software process and not by the conscious actions of a natural person, without prejudice to any other rights we may have, You agree that we will have the absolute right to cancel the tickets and terminate the contract at any time thereafter without notice to you and if we exercise this right you will have no recourse against us and no entitlement to a refund whatsoever.
- All sales are subject to availability at the time that You make payment. Prices We display are inclusive of VAT at the rate applicable at the time of purchase. If We make any charges to You other than the face value of the tickets, We will display those charges at latest at checkout prior to the purchase being completed. Prices displayed are not confirmed until payment is accepted and are subject to subsequent correction in the case of obvious material error as set out below.
4. DURATION OF THE CONTRACT
The contract is made when payment is accepted by Us, which is communicated by Our sending You a booking confirmation by email. The contract ends in respect of each ticket purchased:
- when the performance for which the ticket is valid has been presented; or
- if the applicable performance is cancelled, when We have processed a refund of the value of the booking to Your payment method; or
- when We exercise a right We have under the contract to cancel the purchase; or
- when we both freely agree to end the contract on another basis
whichever of these things happens first.
5. CONDITIONS TO WHICH YOU AGREE
By entering into the contract, You acknowledge and confirm that:
- You have ensured that the performance is the one You intend to book, is suitable for and at a suitable date, time and place for all Attenders;
- if you make use of a seating plan during your purchase, it is merely a diagram representing the general relation between seats and You are not relying on it is a spatially accurate representation of the performance space as a whole;
- You are purchasing the tickets for your own personal use and not for the purposes of resale or any other commercial use and that all Attenders will be your friends, family members, work associates or have another direct and personal connection with you unrelated to any ticket transaction;
- You understand that You are purchasing what is offered at the time that you choose to make that purchase and that no guarantee is given that seat or price availability to purchasers who make purchases after you for the same Event or Performance will be the same as or similar to those displayed to You during the purchase and that You will not be entitled to any refund or other change of terms should that occur;
- Your purchase is confirmed when you receive confirmation from us, is for a specific event at a specific time and place and is not a flexible purchase;
- there is no right to a refund at any time unless the applicable performance is cancelled;
- there is no right to an exchange to different tickets at any time unless provided for in the Performance Conditions;
- in making tickets available for purchase, We are bound to contractual rules set by other parties such as the venue operator and/or the producer of the event and we do not have discretion to modify the contract or to make a refund available at any time other than when a performance for which tickets you purchased in this contract are valid is cancelled; and
- under no circumstances whatsoever, including if a performance is cancelled, will We be liable for any costs that you incur in connection with your planned attendance such as travel, accommodation or food which are not the actual cost of the ticket(s) you purchase from us.
6. RESPONSIBILITIES YOU ASSUME
By entering into the contract, You assume responsibility for:
- receipt of your confirmation email and if you have not received it within a reasonable period of placing your order for contacting us to secure delivery to you;
- ensuring that You provide Us with a correct and functioning email address and mobile telephone number for delivery of and management of the booking and keeping us informed of any changes to either of those;
- periodically and in particular (i) 48 hours before the performance and (ii) before setting off to attend the performance, checking that the performance is going ahead and that You are able to comply with the Performance Conditions in force at the time;
- delivering tickets sent to You onwards to Attenders;
- ensuring that all Attenders are aware of the General Attendance Conditions and the Performance Conditions; and
- taking reasonable steps to identify alternative Attenders in the event that one or more Attender(s) can no longer comply with the Performance Conditions and/or attend the performance and/or no longer wishes to attend the performance for any reason including but not limited to illness of themselves or others, travel interruption, weather or any other circumstances within or outside their control (Inability to Attend).
7. INABILITY TO ATTEND
7.1 If, in case of Inability to Attend, having taken reasonable steps to identify alternative Attenders you have been unable to do so, you can request that we offer your purchase for resale on the following understanding:
- only the company with ultimate control of tickets for the performance, which may not be Us, can authorise making your purchase available for resale and it is under no obligation to do so;
- resale offers can only be made for the entire booking, not individual seats;
- purchases are not made available for resale unless all other tickets for the applicable performance have been sold;
- resale requests are only considered on or close to the day of the applicable performance;
- once a request is made to offer tickets for resale it cannot be cancelled;
- if a purchase for is offered for resale, this does not guarantee that it will be resold;
- if a purchase is successfully resold there is no entitlement to a refund and the value may be transferred to a voucher which can only be used to apply the value to a future booking made through SIX Tickets – SIX Tickets only sells tickets for certain performances of SIX The Musical in London;
- if tickets offered for resale are not purchased, the value of the purchase becomes part of the receipts for the applicable performance when it is presented and is not available to be refunded or used for any other purpose.
7.2 By entering into the contract which is for a fixed date and place, You assume the risk of an Inability to Attend by You and/or any Attender or Attenders occurring. We shall have no liability or obligation to you as a result of an Inability to Attend howsoever it arises.
8.1 The following matters are subject to change within reason and any such change shall not affect the contract or your entitlements nor create any entitlement to a refund under it:
- performance times are subject to change within reason (but a change of date shall be treated as a cancelled performance);
- cast members or replacement of cast members with understudies;
- the specific seats allocated at time of booking, provided replacement seats are of equivalent value and quality;
- the price paid if there was manifest and material error made at the time of the purchase and subject to the conditions below; and
- any other change to the performance which is not Material.
8.2 A Material change to a performance is a change which, in Our reasonable opinion and the reasonable opinion of the ultimate controller of the event, makes the performance materially different to the performance that purchasers of the tickets, taken generally, could reasonably expect. In the event of a Material change to a performance announced at any time after you enter into the contract, You will be entitled to such terms as We and the ultimate controller of the event reasonably believe will compensate for the change. If we reasonably believe that a refund of any part of your purchase would constitute such terms, such a refund will not exceed the purchase price.
8.3 As set out in 8.1 d, We shall be entitled to correct a price if there was manifest and material error causing underpayment during the purchase. If We need to do this, we will contact You and inform You of the price difference to be paid to complete the purchase. If you are not willing to pay the price difference, you will be entitled to cancel the purchase and receive a full refund of the price You paid.
9. CANCELLED PERFORMANCE
9.1 If You have not requested a resale, the applicable tickets have not been voided or cancelled for any other reason and the performance for which the tickets are valid is cancelled, You will be entitled to a full refund of the value of the purchase. You will not have to take any action to receive your refund which will be made automatically to the payment method used when booking. If some or all of the payment method used was by way of redemption of a stored value card (such as a gift card or an Exchange E-Card) then that part of the payment value of the booking will be refunded to the original payment card used to purchase the stored value card or to purchase the booking whose value was transferred to create the Exchange E-Card.
9.2 You acknowledge that if We need to refund purchasers as a result of a cancelled performance, We will use a process which We reasonably believe will offer the fastest transaction requiring the least effort of the largest number of affected purchasers as a whole. This may be by transferring the applicable value to digital stored value cards, also called Exchange E-Cards, which will be sent to the email address(es) associated with the purchase(s). If you receive an Exchange E-Card as a result of a cancelled performance, you will be entitled to reject the E-Card and require us to refund the applicable value to you instead. If you do this, you acknowledge that we do not control the length of time it takes for funds to appear as cleared in your account and that this may take longer than issuing a stored value card to you.
10. COMMUNICATING WITH YOU
10.1 In order to protect You, We will use reasonable efforts when communicating about Your purchase to establish that We are communicating with You or with someone authorised by You. You agree to cooperate with those efforts.
10.2 If a performance is cancelled or re-scheduled, We will use reasonable efforts to notify You using the details You provided Us with at the time of the purchase. We do not guarantee that You will be informed of such cancellation or rescheduling before the date of the Event.
If we delay or fail to enforce any of these Terms and Conditions that does not mean that We have waived our right to do so.
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.
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.
14. THIRD PARTIES
The Event Partner(s) and its affiliates, successors or assigns may rely on any rights set out in these General Terms and Conditions including the General Attendance Conditions and the Performance Conditions in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’). Except as provided in the previous sentence, any person who is not a party to these Terms and Conditions shall have no rights under the Act to rely on any of these Terms and Conditions. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case on We, the Event Partner(s) (and/or its affiliates, successors or assigns) and You (or Your assignees permitted hereby) have rights and obligations under this contract.
15. EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
‘Force Majeure’ means any cause beyond Our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, epidemic, pandemic, other public health emergency, royal demise, act of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, 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 a Force Majeure.
16. AMENDMENTS AND VARIATIONS
We intend 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. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless both You and We agree and in the case of a variation which involves a matter covered by the rules referred to in 5(h) (which includes matters to do with refunds and exchanges) then it may be necessary for other parties with whom we have contracts to agree as well.
17. NO PARTNERSHIP OR AGENCY
Nothing in these Terms and Conditions and no action taken by You or Us under these Terms and 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 Us beyond the relationship created under these Terms and Conditions.
18. ENTIRE AGREEMENT
These Terms and Conditions, the General Attendance Conditions and the Performance Conditions (together “Agreement”) 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 the Agreement 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 the Agreement or not) other than as expressly communicated by Us to You before You have completed Your purchase or set out in the Agreement. Nothing in this clause shall operate to limit or exclude any liability for fraud.
Any words following the terms including, include, in particular, for example, such as or any similar expression, shall be deemed to be followed by the words ‘without limitation’ and shall not be an exhaustive list.
20. GOVERNING LAW AND JURISDICTION
These Terms and 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.
You voluntarily assume all risks and danger incidental to the event for which the ticket is issued. Whether occurring prior to, during or after the event. You voluntarily agree that the Venue Operator, producer and each of their respective parents, affiliates, subsidiaries, agents, officers, directors, owners and employees (collectively, the "Released Parties") are expressly released by You from any claims arising from such causes, other than liability for death or personal injury caused by the Released Parties' negligence.
22. LIABILITY (EXCLUSION AND LIMITATION)
22.1 Nothing in this contract excludes or limits any liability which cannot legally be limited, including liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation; and
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
22.2 Unless otherwise stated in this clause:
- our liability to you for any loss or damage shall be limited to the total price paid by you for the ticket;
- we shall not be liable to you for any loss or damage which is not caused by us breaking this contract;
- we shall not be liable for any loss or damage you suffer which is caused by us breaking this contract if the loss is:
- unexpected or unforeseeable (i.e. it was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it);
- caused by an event outside our control;
- avoidable (i.e. something you could have avoided by taking reasonable action.); or
- a business loss.
23. APPLICABLE LAW