TERMS & CONDITIONS

Ticket Purchase Terms and Conditions

 

1. INTRODUCTION

 

1. 1. Entertainment Concepts ltd (“we”, “us”, “our”) is a company registered in Malta and under Company Number C67352

 

1. 1. We operate an event in Malta called Escape 2 the island you can purchase Tickets, as well as other items in connection with events. The term “Ticket(s)” means primary event tickets (i.e. tickets allocated to us directly by us and placed on sale for sale by us). 

 

1. 1. We sell Tickets In through our Agent Festicket Event Genius https://www.festicket.com/:

 

1. LEGALLY BINDING CONTRACT

 

3.1  In order to make a purchase from us, you must be 17 years old or more and able to enter into legally binding contracts. If you are purchasing online, you must have a valid credit or debit card issued in your name.

1. 1. Any purchase from us forms a legally binding contract that is subject to: (i) these terms and conditions; (ii) any special terms and conditions stated to be applicable to an Item and/or event; (iii) other terms and conditions of the Event Partner(s) and/or event; and (iv) any venue terms and conditions (including conditions of entry). You should read these terms and conditions carefully before you make a purchase.

 

3.3 By purchasing one or more Items from us or our agent, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of these terms and conditions. If you do not agree with these terms and conditions or any other applicable terms and conditions, or if you cannot comply with any of them, then you must purchase a ticket. By purchasing a ticket you are confirming you are aware of the contents and agree to be bound by these terms and conditions 

3.4  We reserve the right from time to time to make changes to these terms and conditions. Where we make any such changes, we shall post the updated version of these terms and conditions on our website. Therefore, we recommend you check these terms and conditions regularly to stay informed of its current terms and conditions. All purchases are subject to the applicable version of these terms and conditions that was published at the time of purchase. If you do not agree with any revised version of these terms and conditions, or if you cannot comply with it, then you must not make a purchase.

1. PRICES

 

4.2 Whilst we try to ensure that all advertised prices are accurate, errors may occur. If we discover an error in the price of any Item you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price (in which case we will credit or debit you as applicable) or cancelling your order (in which case you will receive a full refund). If we are unable to contact you to confirm your order at the correct price, you agree that we may treat the order as cancelled and issue you with a full refund, without any further liability.

4.4  Because you can purchase Items for events taking place in several different countries, not all Items are priced in Euros. All prices are displayed in the currency that they will be charged in, and we accept no responsibility or liability for additional charges you may be subject to by your credit or debit card provider, or any currency exchange rate fluctuations, which are entirely at your risk.

4.5  For some events we may offer the ability for you to purchase “Missed Event Insurance” in relation to your Tickets, from our third party provider. Please note that purchase of such insurance is not covered by these terms and conditions; please see our provider’s Booking Protect for further details.

 

4.6 Accepted methods of payment include Visa, MasterCard and American Express debit or credit cards, Bank Transfer. 

4.7 Your contract for purchase starts once our ticketing agent has confirmed your order and ends immediately after completion of the event for which you have purchased Item(s

4.8 If you do not receive an order confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with us whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for any costs or losses you incur if you assume that an order was or was not placed because you failed to receive an order confirmation.

 

4.9  All purchases through our ticketing agent are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank or payment provider, we reserve the right to cancel and refund any order for which an order confirmation has been sent. We accept no responsibility or liability for such cancellations, as these are outside our control.

4.10  It is prohibited to obtain or attempt to obtain any Items through unauthorised use of any robot, spider or other automated device or software, or through unauthorised framing or linking to any website, or through any other illegal or unauthorised activity. We reserve the right to cancel any orders that we reasonably suspect to have been made in breach of these terms and conditions, without any notice to you, and any and all Items obtained as part of such orders will be void.

4.11 To prevent fraud and protect us, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We reserve the right to cancel any orders that we reasonably suspect to have been made fraudulently, without any notice to you, and any and all Items obtained as part of such orders will be void.

4.12  Please ensure that you read the full Item description details and are happy with your selection prior to purchase as we may be unable to rectify issues arising as a result of your mistake.

4.13  Please note, all seating maps and charts displayed during the purchase process are for guidance only and reflect the general layout for the venue for particular events. For some events, the layout and specific seat locations may vary without notice.

1. DELIVERY

 

5.1 Our ticketing agent aims to dispatch Tickets as soon as possible. We are not able to specify the exact dates of dispatch, as the arrangements for dispatch depend on several factors, including when we are in possession of the ticket stock used for a particular event. 

5.2 Please allow as much time as possible for your Tickets to arrive. If your Tickets have not arrived by 5 days before the event (or 5 days before you depart for the event, if earlier), or if you receive a notification of a failed delivery at any time, you  our Ticketing agent https://support.festicket.com/hc/en-us for instructions (stating your name, reference number and postcode that the order is made under).

5.3  You are responsible for providing a safe and secure delivery address (EITHER POSTAL OR ELECTRONIC) and ensuring that you are available to take delivery of your Tickets (which may be delivered by any postal or courier provider). For some deliveries, a signature may be required. Where you have paid by credit or debit card, we can only dispatch Tickets to the billing address of the credit or debit card used to make the purchase. If the address in your order does not correspond to that held by your credit or debit card company, we may cancel your order.

5.4  If an e-delivery option is available, you are responsible for either:

 (i) ensuring that you log in and download your Tickets in good time prior to the event; or 

(ii) providing a valid email address for e-delivery of 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)).

5.5 Please note, if you choose for your Tickets to be delivered by “e-delivery” and Ticket Transfer functionality (as described below) is not available for your Tickets, then all guests under your booking must enter the event at the same time as you. In such circumstances, print outs of pdfs of Tickets shall not be accepted for entry.

5.6  We shall 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 (whether physically or via email, as applicable) or your failure to download Tickets 

5.7  Regardless of the method of delivery you select at purchase, 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 by telephone or email 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.

5.8 It is your responsibility to check your Tickets immediately once they have been delivered as mistakes cannot always be rectified. You should contact us using our ticketing agent Festicket Ltd 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).

 

 

1. TICKET RIGHTS AND OBLIGATIONS

 

6.1 Any Ticket you purchase from us or our ticketing agent remains the property of us and is a personal revocable licence which may be withdrawn, and admission refused, at any time.

6.2 When you receive or collect your Tickets, please keep them in a safe place. We will not be responsible for any Tickets that are lost, stolen, damaged or destroyed following receipt or collection by you. Please note that direct sunlight or heat can sometimes damage physical Tickets. Furthermore, we strongly recommend that you do not post pictures or details of your Tickets online as this may allow third parties to counterfeit your Tickets or otherwise compromise the integrity of the Tickets and we will not be liable if you are refused entry to the event as a result.

6.3 You acknowledge that lost, stolen, damaged or destroyed Tickets may not be able to be replaced where policies set by us prohibit us from issuing replacement Tickets (e.g., for general admission events where there is a possibility that both original and any replacement tickets may be used to gain entry, which may compromise the licensed capacity of the venue). If we are able to issue replacement Tickets, we may charge you a reasonable administration fee.

1. TICKET RESTRICTIONS

 

7.1 When purchasing Tickets from us, you are limited to a specified number of Tickets for each event. This number is included on the first purchase page and is verified with every order. This policy is in effect to discourage and prevent unfair ticket buying practices. Tickets may be restricted to a maximum number per person (or business, as applicable), per credit or debit card and, for some events or tours, 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.

7.2 Tickets may be sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restrictions will be displayed or otherwise notified to you before or at the time of booking. It is your responsibility to ensure that you read all notifications and other important information displayed or notified to you as part of the purchase process. We will not be responsible if you or any guests under your booking are refused admission because of a failure to meet or prove that you/they meet any restrictions (e.g. a minimum age requirement).

7.3 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 and the relevant Event Partner or venue 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.

7.4 You may not resell or transfer your Tickets if prohibited by law or rules depending on the jurisdiction that the event is held. In addition, Event Partners or venues may restrict or prohibit the resale or transfer of tickets for some events. Any resale or transfer (or attempted resale or transfer) of a ticket in breach of the applicable law or any restrictions or prohibition imposed by an Event Partner is grounds for seizure or cancellation of that Ticket.

7.5 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 and the relevant Event Partner in advance and provided that even if such permission is granted, use of our or any Event Partner’s trade marks and other intellectual property is subject to the express prior written consent of the owner.

 

 

1. EVENT TIMINGS AND ADMISSIONS

 

8.1 Please note that advertised start times of events are subject to change. Also, door opening and closing times stated in relation to an 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 the relevant Event Partner’s and/or artist’s discretion and may be subject to change.

8.2 Tickets are sold subject to our or the venues right to alter or vary the programme of an event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, unless such change is a material alteration as described in clause 9, in which case the provisions of that clause shall apply.

8.3 Generally, every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.

8.4 The event 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 any terms and conditions of the event or any Event Partner.

8.5 Admission to all events is subject to the terms of admission of the relevant venue, and certain items (e.g. laser pens, mobile phones, dogs (except guide dogs) and patrons’ own food and drink) may be prohibited. Please check with the venue directly. The unauthorised use of photographic and/or recording equipment at events is also prohibited. Any unauthorised photos, videos and/or recordings may be destroyed or deleted. The use of drones or similar equipment for any reason in, at or near the event venue is strictly prohibited.

8.6 Breach of any of venue terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle us or the venue to eject you from the premises or land.

8.7 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 the Event Partners´ terms and conditions.

8.8 Unless expressly authorised by us, there will be no pass-outs or re-admissions of any kind.

8.9 By attending an event, you and other patrons 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 and other patrons understand and agree that resulting photographs, videos, audio recordings and/or audiovisual recordings may be used in any and all media for any purpose at any time throughout the world 

 

8.10 Prolonged exposure to loud music or noise may damage your hearing and we advise you and all patrons to wear adequate ear protection at events

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8.11 Special effects, which may include sound, audio-visual, pyrotechnic effects or lighting effects may be featured at an event, which may not be suitable for those with photosensitive epilepsy, or similar conditions.

1. COVID-19, Postponement and Cancellation.

For the avoidance of Doubt. Each festival or event has ticket purchasers from all over the world. Your ticket will be subject to the laws and regulations that apply in the Jurisdiction that the event or festival is held in, and not where the ticket is purchased. Any changes in law or regulations enacted by that jurisdiction take precedence. If the following clauses differ to the law of the jurisdiction, then the national law will have priority.

It is important when purchasing your ticket, you have regard to the following (if applicable):

9.1.1 COVID-19 and third parties. –  The event you are attending is an international event. Should any of element outside the control of the festival organisers affect your ability to attend the festival (for example travel or local circumstances that lead to restrictions in travel or a quarantine being placed on you), and the festival goes ahead, you will not be entitled to any refund.

9.1.2  For the avoidance of doubt, should the Maltese Government block, suspend or prohibit travel from your country of departure to attend the event in Malta, we agree that this is an event that would be appropriate for a refund of the ticket purchased, subject to the deduction of any paid fees.

9.2 Postponement- Unless the event is cancelled and no date for re-arrangement is provided, then any event is to be considered postponed only. Should the event be postponed, please follow the following process:

(a) On postponement you will automatically be entitled to a ticket of equivalent value for the rearranged event. We will provide the alternative dates for the re-arranged event.

(b) Should you be unable to attend the re-arranged event, please notify us in writing within 30 days of the announced date. If we receive your written notice, you will then be entitled to either of the following:

(1) Either transfer the ticket to another named person free of charge. Please provide the name and details of the person the ticket is transferred to; or

(2) Apply for a refund under our refund process.

9.2.1 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.

9.2.2 If you miss the 30-day deadline, you can still seek a refund from us, but you agree that the refund will be limited to 50% of the value paid. Should you wish to make a claim for a 50% refund then please confirm in writing to us and follow the Refund Process

9.2.3 After 30 Days, you can still transfer the ticket at full face value to another person. You will need to provide the name and details of the person the ticket is transferred to.

9.2.4 Should we not receive any written notice from you requesting a refund within 90 days of the announcement of the re-arranged event you have waived the right to receive a refund and will receive a ticket for the re-arranged event only.

9.3 Cancellation of the Event

9.3.1 Should an event be cancelled, We will confirm the cancellation in writing. You will then be entitled to a refund under our refund process.

9.3.2 Should you fail to provide us with written confirmation within 30 days-notice you agree that the refund will be limited to 50% of the value paid. Should you wish to make a claim for a 50% refund then please confirm in writing to us and follow the Refund Process.

9.3.3 Should we not receive any written notice from you requesting a refund within 90 days of the announcement of the re-arranged event you have waived the right to receive a refund.

9.4 Refund Process- Should you have requested a refund please note the following process:

9.4.1 We must receive your written notice requesting a refund within 30 days of written confirmation of the cancellation of the event.

9.4.2 If we receive your written request for a refund after 30 days but before 90 days, you agree that any refund will be limited to 50%

9.4.3 Should you provide your written request for a refund after 90 days of written confirmation of the cancellation of the event, you will not be entitled to a refund. However, we may consider providing a voucher for an alternative event.

9.4.4 We will notify you within 7 days of receipt your written request for a refund. We will provide you with a form to be completed. 

9.4.5 Once we have received your completed form, we will have 120 days to investigate your refund request. We reserve the right to come back to you for extra information should the details not match, or it come to light that you have re-sold the ticket. Should you have resold the ticket we reserve the right not to offer a refund as you will have been paid in full for the ticket.

9.5.6 Should our investigations confirm that you are entitled to a refund we shall notify you and make payment to you.

 

1. WARRANTIES AND INDEMNITIES

 

10.1 You represent and warrant that the information that you submit to us in relation your account and in your use our Services is true, accurate and complete and you will not use any false information, including contact information. You further warrant and represent that you are aged 18 years or over and can enter into legally binding contracts.

10.2 You represent and warrant that in using our website, you shall comply with all applicable laws and regulations, along with the terms of these terms and conditions and any other applicable terms and conditions.

10.3 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 terms and conditions or any other applicable terms and conditions, breach of any applicable laws or regulations, or breach of any third party rights.

 

1. LIMITATION OF LIABILITY

 

11.1 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 Event Partners 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 the Event Partner):(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or the relevant Event Partner;(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 or an Event Partner’s 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 terms and conditions and/or any other applicable terms and conditions and/or any applicable laws or regulations.

 

11.2 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 Event Partners, shall not be liable for any indirect or consequential losses or loss of data, profits, revenue, earnings, goodwill, reputation, enjoyment or opportunity, or for distress, or any exemplary, special or punitive damages, arising directly or indirectly from your use of the our Services and/or any purchases made under these terms and conditions. In particular please note that:(a) personal arrangements and expenditure, including travel, accommodation, hospitality and other costs and expenses incurred by you relating to an event which have been arranged by you are at your own risk, and neither we nor the relevant Event Partners shall be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation, rescheduling or alteration of an event for which you have purchased tickets under these terms and conditions; and(b) neither we nor any relevant Event Partner shall be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or altered; and(c) neither we nor any relevant Event Partner shall be responsible or liable to you (and you will not be entitled to any refund) if admission to a venue or event is refused or revoked at any time as a result of your breach of any Event Partner’s terms and conditions.

 

11.3 Unless otherwise stated in this clause 11, our and any relevant Event Partner’s liability to you in connection with an event (including, but not limited to, for any cancellation, rescheduling or alteration of an event) and any Items you have purchased shall be limited to the price paid by you for the Items, including any Service Charges but excluding any Order Processing Fees.

11.4 We are not responsible for any internet connection errors experienced while using the our Services.

11.5 We are not responsible for the actions or failures of any Venue, performer,  or other Event Partner. Under no circumstances shall we be liable for death or personal injury suffered by you or your guests arising out of attendance at an event, unless caused by our negligence. Neither shall we be liable for any loss or damage sustained to your property or belongings, or those of any guests under your booking, attending an event.

11.6 We will not be liable to you for failure to perform any of our obligations under these terms and conditions to the extent that the failure is caused by a force majeure event (meaning any cause beyond our reasonable control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts 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). This clause does not affect the terms of any clauses specifically providing for a right of refund.

11.7 Nothing in these terms and conditions seeks to exclude or limit our or any Event Partner’s liability for death or personal injury caused by our or any Event Partner’s negligence, fraud or other type of liability which cannot by law be excluded or limited.

12 QUERIES, COMPLAINTS AND DISPUTE RESOLUTION

 

12.1 If we need to contact you, we will use your account contact details (or the contact details you provided at the time of purchase, if you did not purchase online). It is your responsibility to inform us immediately of any changes to your contact details, whether before or after receipt of Items. 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.

12.2 If you have any queries or complaints regarding your purchase, please contact us using our Ticketing agent at https://support.festicket.com/hc/en-us, quoting any order reference numbers.

12.3 Your query or complaint shall be acknowledged by us as soon as possible and in any event, within five business days of receipt.

12.4 We may need to contact one or more Event Partners for more information before responding to your query or complaint.

12.5 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to you, us and any relevant Event Partner. Please note, some complaints can take as much as 28 days to resolve.

12.7 Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation with you within 28 days, you and we may attempt to settle it by mediation via a referral to STAR. To initiate mediation, a party must give written notice to the other parties to the dispute requesting a mediation. 

 

12.9 Please note that we do not tolerate aggressive or abusive behaviour towards our staff or representatives, or unreasonable demands or persistence being used (including any threat, abuse or harassment towards our staff or representatives in any form or any media). We reserve the right to take such action we deem reasonably necessary in the circumstances to address any such behaviour towards our staff or representatives.

1. GENERAL

 

13.1 If we delay or fail to enforce any of the provisions of these terms and conditions, it shall not mean that we have waived our right to do so.

13.2 We shall be entitled to assign our rights and obligations under these terms and conditions provided that your rights are not adversely affected.

13.3 If any provision of these terms and conditions is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from these terms and conditions and this shall not prevent the other provisions from continuing to remain in full force and operate separately.

13.4 If any provision of these terms and 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 terms and conditions.

13.5 Any of our and our Event Partners’ affiliates, successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999. Except as provided in the previous sentence, these terms and conditions does not create any right enforceable by any person who is not a party to it but does not affect any right or remedy that a third party has which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.

13.6 Nothing contained within these terms and conditions and no action taken by you or us pursuant to these terms and conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent.

13.7 Any notice provided under these terms and conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email).

13.8 These terms and conditions shall be governed by and construed in all respects in accordance with Maltese Law and both you and we agree to submit to the non-exclusive jurisdiction of the Maltese Courts in relation to any dispute arising out of or in connection with these terms and conditions.