BIG FEST - TERMS AND CONDITIONS
“BIG FEST LTD” is a company registered in Canada and under Company Number 121643625
We operate an annual event in Canada called “BIG FEST”, where you may purchase concert tickets [ referenced as Product and Services in these booking conditions].
Setout below are the Booking Conditions, we ask that you read them carefully because they set out all rights and obligations.
BOOKING CONDITIONS
DEFINITIONS
The term “Ticket(s)” means primary festival tickets (i.e. tickets allocated to us directly by us and placed on sale, for sale by us).
The term ‘ Product and Services’ relates to concert tickets
References to “you” and “your” include the first named person on the booking and all persons on whose behalf the booking is made.
References to “we’ “us” and “our” means BIG Fest LTD and any third party suppliers and employees.
These Booking Conditions set out the terms applicable to purchases of Tickets from us. If you are purchasing or wish to purchase from us please see https://www.bigfest.ca/
CHARGEBACKS
Unless such rights have arisen under section 75 of the Consumer Credit Act 1974, you agree not to issue any chargebacks or otherwise dispute transactions with your payment card issuer against us (“Chargeback”).
Your rights to refunds and other claims shall be governed solely by the terms of these Booking Conditions.
Your rights to refunds and other claims shall be governed solely by the terms of these Booking Conditions.
PRODUCTS AND SERVICES
We may sell different types of tickets which will be clearly defined at the time you make your purchase.
By making a purchase with us, you are agreeing that all product and services are non-refundable and cannot be exchanged.
Special Note: We are not selling packages, travel or flights, therefore no refunds will be permitted should you experience issues relating to the performance or booking of flights and other travel arrangements associated with you attending our event.
TIMINGS AND ADMISSIONS
Advertised start times of the event is subject to change. Door opening and closing times stated in relation to the event are not indicative of the event’s start or end time (or when an artist is scheduled to play or the length of the artist’s performance), all of which remain at our and/or the artist’s discretion and may be subject to change.
We reserve the right to alter , change or vary the artist line-up and/or the programme of the event and we will not be obliged to refund or exchange tickets. Any such change will be classed as a minor/immaterial change.
The festival or venue may conduct security searches of you and other patrons for safety and security purposes and/or may refuse admission to patrons (including you) breaching or suspected of breaching these Booking Conditions.
No trading or promotional activity is allowed within the site without our prior written consent. Goods using unauthorized logos must be surrendered to event staff.
Admission to the event is subject to the terms of admission of the relevant venue, and certain items may be prohibited. Any unauthorized photos, videos and/or recordings may be destroyed or deleted.
You must not enter the venue if you believe that you may have been infected with Covid-19 and/or you are displaying symptoms of Covid-19.
We or the Venue reserve the right to refuse admission to the venue, or to remove any person from the venue for reasons of public safety (including crowd surfing or moshing), any unacceptable behaviour likely to cause damage, nuisance or injury, or for any breach of Booking Conditions.
Unless expressly authorized there will be no pass-outs or re-admissions of any kind.
By attending our event, you understand and agree to being photographed, filmed and/or recorded in relation to the event and/or for safety and security, including filming by the police. You understand and agree that resulting photographs, videos, audio recordings and/or audio-visual recordings may be used in any and all media for any purpose at any time throughout the world.
Prolonged exposure to loud music or noise may damage your hearing and we advise you and all patrons to wear adequate ear protection.
Special effects, which may include sound, audio-visual, pyrotechnic effects or lighting effects may be featured, which may not be suitable for those with photosensitive epilepsy, or similar conditions.
Ticket holders should expect queues at the entry Gate and arrive with plenty of time before the door opens– no refunds will be given for acts missed.
EVENTS BEYOND OUR CONTROL
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our, or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, epidemics, pandemics (including the ongoing effects of Covid-19), or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the supplier(s) concerned’s control.
Special Note: No refund or exchange of ticket will be issued should any element outside of our control affect your ability to attend the event [ including but not limited to travel restrictions of the country you are travelling from or where the event l is being held in Canada, and/or quarantine and vaccination requirements being placed upon you]
CANCELLATIONS
If we cancel the event, we will confirm the cancellation in writing and advise you of our refund timescale and process.
We regret we cannot meet any expenses or losses that you may incur as a result of this cancellation.
Special Note: any amendment or booking fees you have paid or agreed to pay are not refundable in any circumstances.
If you cancel, our Product and Services are non-refundable and therefore no refund can be requested.
POSTPONEMENT
Your ticket will be subject to the laws and regulations that apply in the Jurisdiction that the event is held in and not where the ticket is purchased. Any changes in law or regulations enacted by that jurisdiction take precedence. In the unlikely event that the festival cannot take place as arranged, it will automatically be postponed and you will be entitled to a ticket of the equivalent value for the rearranged event.
We will provide alternative dates for the re-arranged event as early as reasonably possible.
Should you be unable to attend the re-arranged festival, you must inform us in writing within 30 days of the announced date. If we receive your written notice, we will advise you of the options available to you [ e.g. transfer your of ticket and refund options]
Should you fail to provide us with written confirmation within 30 days-notice of the announcement of the re-arranged event, you will have agreed to receive an alternative ticket.
Special Note: We cannot meet any expenses or losses that you may incur as a result of the postponement.
You represent and warrant that the information that you submit to us in relation your account and in your use of our Product and Services is true, accurate and complete and you will not use any false information, including contact information.
You represent and warrant that in using our website, you shall comply with all applicable laws and regulations, along with these Booking Conditions and any other applicable Booking Conditions.
You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the “Indemnified Parties”) against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of these Booking Conditions or any other applicable Booking Conditions, breach of any applicable laws or regulations, or breach of any third party rights.
warranties and indemnities
LIMITATION OF LIABILITY
To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Suppliers shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by our suppliers):
(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or our suppliers;
(b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our negligence); or
(c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of these Booking Conditions and/or any other applicable Booking Conditions and/or any applicable laws or regulations.
We are not responsible for any internet connection errors experienced while using our Product and Services.
Nothing in these Booking Conditions seeks to exclude or limit our or any liability for death or personal injury caused by our or any of our suppliers negligence, fraud or other type of liability which cannot by law be excluded or limited.
WARRANTIES AND INDEMNITIES
You represent and warrant that the information that you submit to us in relation your account and in your use of our Product and Services is true, accurate and complete and you will not use any false information, including contact information.
You represent and warrant that in using our website, you shall comply with all applicable laws and regulations, along with these Booking Conditions and any other applicable Booking Conditions.
You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the “Indemnified Parties”) against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of these Booking Conditions or any other applicable Booking Conditions, breach of any applicable laws or regulations, or breach of any third party rights.
COMPLAINTS AND DISPUTE RESOLUTION
If we need to contact you, we will use the contact details you provided at the time of making your ticket purchase. It is your responsibility to inform us immediately of any changes to your contact details, whether before or after receipt of Product and Services.
In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.
If you have any queries or complaints regarding your purchase, please contact us via email at info@bigfest.ca.
If any dispute arises, we shall use our best endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to you and us.
TIMINGS AND ADMISSIONS
These Booking Conditions shall be governed by and construed in all respects in accordance with Canadian Law and both you and we agree to submit to the non-exclusive jurisdiction of the Canada courts in relation to any dispute arising out of or in connection with these Booking Conditions.
If any provision of these Booking Conditions is or becomes illegal, invalid or unenforceable pursuant to the law of any applicable jurisdiction, this shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Booking Conditions.
If any provision of these Booking Conditions is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from these Booking Conditions and this shall not prevent the other provisions from continuing to remain in full force and operate separately.
If we delay or fail to enforce any of the provisions of these Booking Conditions, it shall not mean that we have waived our right to do so.
VOUCHERS AND TICKETS
Vouchers or tickets will be dispatched as soon as you make your purchase.
If you have not received your Tickets after purchase please make contact with us at info@bigfest.ca
You are responsible for providing a valid email address for e-delivery of the Tickets and ensuring that you are able to receive delivery of the Tickets by email (for example by ensuring that your email mailbox does not reject, bounce or otherwise prevent any relevant emails from being delivered, and by checking your email mailbox regularly (including junk or spam folders)
We will not be liable for, and you will not be entitled to any refund where delivery is refused, returned, missed, unclaimed or fails as a result of your failure to provide correct and complete delivery information and/or failure to ensure you are available to receive delivery of Tickets (via email, as applicable).
We reserve the right to make Tickets available for collection by you at the venue box office or at another designated ticket collection point. We will notify you of the arrangements for collection if this becomes necessary. You may be required to provide your booking confirmation email and your photo ID to collect Tickets, as well as the credit or debit card used to make the order.
It is your responsibility to check your Tickets immediately once they have been delivered as mistakes cannot always be rectified. You should contact at info@bigfest.ca immediately if there is a mistake or error with your Tickets or if you do not receive your Tickets as ordered and/or as described in your order confirmation.
We may not be able to assist you if you do not inform us of any errors that are reasonably obvious from inspection of your Tickets within 5 days of receipt (and/or in good time prior to the event date).
Any Ticket you purchase from us remains the property of us and is a personal revocable licence which may be withdrawn, and admission refused, at any time.
You acknowledge that lost, stolen, damaged or destroyed Tickets may not be able to be replaced and if we are able to issue replacement Tickets, we may charge you a reasonable administration fee.
Tickets purchases may be restricted to a maximum number per person (or business, as applicable), per credit or debit card and, a restriction may apply per household as well. We reserve the right to cancel any order(s) for Tickets purchased in excess of the relevant limits without notice.
You are not entitled to purchase any Tickets as a trader acting in the course of business with the intention of reselling your Tickets for profit unless formal written permission is given by us in advance. If we discover or have reason to suspect that you have purchased and intend to resell, or have sold Tickets in breach of this clause, we reserve the right to cancel your Tickets without notice.
Tickets purchased from us may not: (a) be used for advertising, promotions, contests or sweepstakes (or for other such similar commercial gain); and/or (b) be combined with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package for sale or other distribution, unless formal written permission is given by us in advance and provided that even if such permission is granted, use of our trademarks and other intellectual property is subject to the express prior written consent.
Complimentary tickets hold a zero-face value, and no cash alternative is offered. Which means should the event be cancelled or there be any complaint, it is exempt from any refund request
LEGALLY BINDING CONTRACT
Your contract starts once we have confirmed your order and ends immediately after completion of the festival for which you have purchased Product and Services(s).
A booking has been made with us when you make a payment [either in full or your first payment plan instalment]. By making a booking with us, the lead booker agrees that:
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he/she has read these Booking Conditions and has the authority to and agrees to be bound by them;
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he/she accepts that a booking fee will apply to all Product and Services advertised and sold on our website.
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he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
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he/she is over 19 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
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he/she accepts financial responsibility for payment of the booking in its entirety
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he/she consents to your actual or simulated likeness being included for no fee within any film, photography, audio and/or audio visual recording, to be exploited in any and all media for any purpose at any time throughout the World. This includes filming by the police or security staff, which may be carried out for the security of customers or the prevention of crime. You may object to such use, this objection must be made in writing to info@bigfest.ca
In order to make a purchase from us, you must be 19 years old. You must also have a valid credit or debit card issued in your name.
We reserve the right to make changes to the booking conditions, where this occurs we shall post the updated version on our website. We recommend you check them regularly to stay informed of the current terms .
All purchases are subject to the applicable version of these Booking Conditions that was published at the time of purchase. If you do not agree with any revised version of these Booking Conditions, or if you cannot comply with it, then you must not make a purchase.