Terms and conditions

Standard Terms & Conditions of Sale of Tickets

Tickets advertised by us on our website www.wintergardensblackpool.co.uk and in advertising (“Official Advertisements”) are sold by us, namely Blackpool Entertainment Company (Company Number 09044792).

Contract

1. We are entitled to refuse any order placed by you;
2. We will notify you over the telephone or in writing or by online confirmation if we accept your order and that acceptance will be deemed to have been effectively communicated to you when we make that communication to you (whether or not you receive such communication). Such acceptance remains subject to the condition that tickets are available for the performances selected by you until such time as tickets, or e-tickets, with the confirmed seat numbers written on them, have been issued to you;
3. No order will be accepted until we have received payment of the whole of the price of the tickets that you order;
4. By accepting your order we bring into existence a legally binding contract between ourselves and you;
5. If you are ordering tickets which you have seen advertised by us on our website, by contacting us and placing an order via phone, in person or via Eventim, you confirm that you have read and accepted these terms and conditions
6. When ordering tickets via our website, the website will not prevent you from making infeasible bookings such as tickets to two different performances at the same time. If an erroneous booking is made, a refund will not be given in any circumstances.

Price and Dispatch

1. The price payable for the tickets is as set out on our website or on our official advertisements. We reserve the right to change prices without prior notice, please check when booking your tickets.
2. Tickets will normally be dispatched as per your selection at time of booking either to the address given by you when you place your order, unless the date of the performance for which you have ordered tickets (‘the Performance’) is within seven days, in which case you must collect the tickets from the ticket office at Winter Gardens Blackpool or other address if so advised, during its normal opening hours or at the time of the performance.
3. Tickets may not be dispatched immediately where we are acting as an agent on behalf of a promoter and that promoter gives alternative instructions about the dispatch of tickets. However, you will be given notification of dispatch once you have ordered your tickets.
4. Once you have received your tickets, you should check them and you must inform us of any errors within two working days, or before the performance, whichever is sooner.

Performances

1. The taking of photographs or the making of recordings (on any format) of the Performance is expressly forbidden (unless it is expressly permitted in writing by the promoter, the venue and the performer). You consent to the filming and sound recording of yourself in the audience.
2. Blackpool Entertainment Company, the Management of the venue at which the Performance is taking place and/or the promoter of the Performance each reserve the right to:
   1. refuse admission to you;
   2. request latecomers to await admission to the Performance until a convenient break in the Performance;
   3. refuse re-admission to those leaving during the Performance; and
   4. request that you leave the Performance;
   5. make alterations to the advertised details of the Performance (including Principals and cast members) and make alterations to the script or the content of any particular Performance at any time up to and including and during the Performance.
3. If, at any time during the Performance it is cancelled, postponed, suspended or delayed for any reason, Blackpool Entertainment Company reserve the right not to make any refunds nor will they be liable for any loss caused by such cancellation, postponement, suspension or delay.
4. All patrons attend a performance entirely at their own risk and the Winter Gardens, nor its third-party promoters and producers will be held responsible for any potential spread of Covid-19’.

Special Circumstances

1. In relation to tickets sold by us for performances at Winter Gardens Blackpool whereby we are acting on our own accord and not as an agent for a third party (please check the details provided on our website or our Official Advertisements in relation to the listed promoter of the relevant performance):
   1. We will exchange your tickets for another performance of the same show at the same price of ticket subject to availability provided that you give us seven working days’ notice prior to the date of the Performance of your wish to exchange tickets. Please e-mail [email protected] to arrange an exchange. Tickets must be returned to the Sales Office, Winter Gardens Blackpool, Empress Buildings, 97 Church Street, Blakcpool, FY1 1HU, before the exchange of tickets can take place.  Please note that for non VIP Plus members there will be a £2 per ticket exchange fee applied to cover the cost of the ticket exchange process. This fee will be payable at the time of exchanging your tickets;
   2. No refunds will be given except in the event of cancellation of a performance prior to the performance;
   3. We will not re-sell on your behalf any tickets sold by us;
   4. Tickets which are resold or transferred for profit or commercial gain by anyone other than Blackpool Entertainment Company or one of its businesses or authorised agents will become void and the holder may be refused entry;
   5. We reserve the right to reallocate your seats from those originally purchased to the same or to a higher value;
   6. Children under two years old will not be admitted to the Performance unless it is defined on our website or our Official Advertisements as ‘under 2s welcome’ in which case a ticket will need to be purchased for every child, including babes in arms, unless otherwise stated. For health and safety reasons all customers must have a ticket including babes in arms and even if the ticket is free.
2. In relation to tickets sold by us for our venue for events whereby we are acting as an agent for a third party who will be the promoter or the venue at which the event is held (‘the Third Party’) (please check details provided on our web site or our Official Advertisements in relation to the listed promoter or venue of the relevant performance):
3. The placing of an order by you, by whichever means, will constitute your consent to our passing on such details to the third party to fulfil your booking; and
4. Your tickets will inform you on whose behalf we are acting as agent and with whom your contract is made.
5. Such tickets are subject to the terms and conditions of that Third Party, which you are advised to check as they may vary, and, in the particular case of outdoor events, may include restrictions on barbecues, picnics, tents or umbrellas;
6. You must contact the Third Party to obtain information and arrangements for traffic approaches, parking and for information relating to access for those ticket purchasers/ticket holders who are disabled. We make no representations or warranties that any such information provided by us in this regard is accurate, complete or up to date and we expressly exclude all liability for any such representations made by our employees or representatives in this regard;
7. No tickets sold by us acting as agents for a Third Party can be exchanged, refunded or returned except with the express authority of the Third Party;
8. If, prior to the commencement of the performance, the event is cancelled or postponed to a later date, we will contact you and any refunds will be made by the Third Party only, unless the Third Party makes such monies available to us; the face value of the ticket only will be refunded;
9. Where the Performance is scheduled to take place out of doors, you should assume (unless notified otherwise) that the Performance will not be cancelled or postponed in the event of inclement weather conditions;
10. Blackpool Entertainment Company cannot be held responsible for misinformation provided by a Third Party. Complaints should be addressed to the Third Party prior to or during the Performance.

Liability

1. No liability is accepted in relation to the tickets advertised or sold by us as agents for a Third Party or for any aspect of the relationship between you and that Third Party.
2. Although we will do our best to correct our errors and omissions on our part as quickly as practicable after being notified of them, we do not accept any liability for any errors or omissions, howsoever caused and we reserve the right to change information, specifications and descriptions of listed performances at any time.
3. We do not accept liability for any losses or claims arising from any inability to access our web site or any failure to complete a booking on the web site or with our bookings office.
4. We do not accept any liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of the use of the website or the purchase of any tickets or other goods or services from us by whatever means.
5. We will only be liable for direct loss (save in the case of death or personal injury arising from negligence) up to a maximum total of the price of the tickets or other goods or services purchased in respect of any claim.
6. Nothing in this clause 5 is, however, intended to limit any rights you may have as a consumer that may not be excluded by law.

Termination

1. We retain the right to terminate this contract and/or suspend or terminate our web site and the information published thereon or on our Official Advertisements immediately and without notice to you. In the event of termination the consent given by you shall continue to apply beyond the lifetime of this contract.

Continued use of our website or continued course of ordering tickets by other methods

1. We reserve the right to change and amend these terms and conditions from time to time. Your continued use of or access of our website or continued ordering of tickets by any other method after such change or amendment (without your specific review of our terms and conditions listed on our website or available elsewhere) shall be deemed to confirm your acceptance of any such change or amendment. It is your responsibility to check these terms and conditions regularly to determine whether any such amendment has been made. If you do not wish to be bound by any revised terms and conditions, you should stop using and accessing our website or ordering tickets by any other method.

Invalidity

1. If any part of these conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

No Waiver

1. No failure or delay on the part of any of the parties to these conditions relating to the exercise of any right, power, privilege or remedy provided under these conditions shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any breach by the other party to these conditions.

Force Majeure

1. We shall have no liability to you for any failure to deliver or supply tickets or other goods or services you have ordered or any delay in doing so or for any failure to commence or complete any Performance or for any damage or defect or loss arising from any tickets provided or the execution of any Performance that is caused by any event or circumstances beyond our reasonable control.

Governing Law

1. Our websites and our Official Advertisements are controlled, produced and operated by Blackpool Entertainment Company from our offices in the United Kingdom. Blackpool Entertainment Company makes no representations that the materials and information displayed on or accessible via our website are appropriate or available for use in other locations and access to them from jurisdictions where their contents are illegal is prohibited. The contract between us and you shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes.

Entire Agreement

1. These terms and conditions, together with the terms and conditions of the use of our website set out on our website and the prices, delivery details and contact details set out on our website and on our Official Advertisements, set out the whole of our agreement relating to the supply of the tickets and any other goods or services to you by us. These terms and conditions cannot be varied except in writing signed by one of our directors. In particular nothing said by any sales person on behalf of us should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of the tickets, goods or services offered for sale by us. We accept no liability for any such representation being untrue or misleading.

EVENT CANCELLATIONS AND ALTERATIONS

1. If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from our Event Partner (if you book online, we will use your account details). However, we cannot guarantee that you will be informed of such cancellation, rescheduling or alteration before the date of the event. It is your responsibility to ascertain whether an event has been cancelled, rescheduled or altered and the date and time of any rescheduled event.
2. Cancellation: If an event for which you have purchased Tickets or Packages is cancelled in full (and not rescheduled), your order will be cancelled, and you will be refunded the Sale Price of your Tickets or Packages (Service Charges and Order Processing Fees may be non-refundable). If you have purchased Tickets or Packages for an event takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund.
3. Rescheduling: If an event for which you have purchased Tickets or Packages is rescheduled, Tickets and Packages will usually be valid for the new date (or you will be offered Tickets or Packages of a value corresponding with your original Tickets or Packages for the rescheduled event, subject to availability). If you notify us within the specified deadline that you are unable to attend the rescheduled event, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets or Packages (Service Charges and Order Processing Fees are non-refundable). Failure to notify us within any specified deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Tickets or Packages for the rescheduled event, and you will not be able to claim a refund.
4. Material Alteration: If an event for which you have purchased Tickets or Packages is “materially altered” (as defined in clause5 below), Tickets and Packages will usually be valid for the altered event (or you will be offered Tickets or Packages of a value corresponding with your original Tickets or Packages for the altered event, subject to availability). If you notify us within the specified deadline that you do not wish to attend the altered event, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets or Packages (Service Charges and Order Processing Fees are non-refundable). Failure to notify us within any specified deadline that you do not wish to attend the altered event will be deemed to be a reconfirmation of your order for Tickets or Packages for the altered event, and you will not be able to claim a refund.
5. For the purposes of this Purchase Policy, a “material alteration” is a change (other than a rescheduling) which, in our and the relevant Event Partner’s reasonable opinion, makes the event materially different to the event that purchasers of Tickets, taken generally, could reasonably expect. In particular, please note that the following are not deemed to be “material alterations”: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
6. To claim a refund under the above stated clause, please follow the instructions we provide to you or apply in writing to: [email protected]. Where we instruct you to do so, you must enclose or return to us your unused Tickets and comply with any other instructions from us. For accounting purposes in relation to cancelled events, your unused Tickets must be received by us within 28 days from the date of the cancelled event.
7. Refunds will be made using the same means of payment as you used for the initial purchase.
8. If you have purchased any Upsells associated with an event which has been cancelled, rescheduled or materially altered and a refund in relation to the Tickets is due to you in accordance with clause the above clauses, unless the Upsell is a product and has already been delivered to you or is a digital download purchased during the 14 days immediately before the date of release or at any time on or after the release date, we will also refund you the Sale Price of such Upsells purchased from us. However, nothing in this clause 11 shall operate to exclude your statutory right to cancel orders for Upsells other than Excluded Upsells.