Booking Terms & Conditions
Parties
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Ignite Experiences Ltd (“Ignite”), a company registered in England and Wales under company number 14749142; and
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The party whose details are contained on the Booking Form under the subheading ‘Customer Details’ (“the Customer”).
(each a “Party” and together the “Parties”).
Interpretation
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In this Agreement, unless the context provides otherwise:
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Agreement: means this Agreement
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Day(s): means a calendar day(s), including Saturdays and Sundays and national public holidays in the United Kingdom
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Week(s): means a calendar week(s), or seven calendar days, including Saturdays and Sundays and national public holidays in the United Kingdom
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Headings in this Agreement are for reference only and do not affect the interpretation of the Agreement.
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References in the singular are also understood to be references in the plural.
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1. Introduction
1.1 This Agreement is entered into by the Parties.
1.2 Ignite sells tickets and event packages, including accommodation packages, on behalf of itself, individuals and organisations including but not limited to event organisers, venues, hospitality providers and artists/performers (“Third Party Provider”).
1.3 The Customer wishes to purchase tickets to the event and/or package detailed in the Booking Form under the subheading ‘Event Package (“the Package”), on the date stipulated (“the Package Date”), for the fee payable to Ignite stipulated in the Booking Form as the Total Fee (“the Fee”). If the Package refers to an event which lasts several days, the Package Date is the date on which the Package starts.
1.4 When a Customer indicates that they want to proceed with booking the Package, Ignite will send the Customer a copy of these Terms and Conditions and a Booking Form digitally to be signed by the customer online via e-signature. The Parties enter into a binding contract when Ignite receives the signed Booking Form from the Customer.
1.5 Tickets, passes, barcodes or other documents for the purposes of entry to the event, venue or accommodation included in the Package supplied by Ignite after a Customer has received these Terms and Conditions and a Booking Form shall constitute unqualified acceptance by the Customer of this Agreement.
1.6 This Agreement is made in accordance with the Terms and Conditions set out herein. The attached Booking Form is incorporated in and forms part of this Agreement. The Agreement therefore comprises the Terms and Conditions and the Booking Form.
1.7 On entering into this Agreement, Ignite will use its best endeavours to provide the Package to the Customer in return for the stipulated Fee payable to Ignite by the Customer, subject to and in accordance with the terms of this Agreement.
1.8 The Customer acknowledges that when entering into this Agreement, it has not relied upon or been in any way induced by any warranties, representations written or verbal made by Ignite or its employees, officers or agents other than those contained in this Agreement.
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2. Payment Terms
2.1 Time shall be of the essence for payments under this Agreement.
2.2 Unless otherwise specified in the Booking Form, a minimum deposit of 50% of the Fee is due and owing by the Customer to Ignite within seven (7) days of entering into this Agreement. The remaining balance of 50% of the Fee is due and owing by the Customer to Ignite no later than sixteen (16) weeks prior to the Package Date.
2.3 In circumstances where the due dates for the Fee contained in the Payment Schedule of the Booking Form differ from the dates set out in this clause 2 or in clause 3 below, the dates stipulated in the Booking Form shall take precedence.
2.4 If payment of the Fee is not made in accordance with this clause 2, or if the Customer is otherwise in default of the payment terms in respect of any other booking with Ignite relating to any other package, then (without prejudice to any other rights Ignite may have pursuant to any statutory provision in force from time to time or in respect of any breach of contract), Ignite reserves the right, at its sole discretion, to cancel the Customer’s booking of the Package in accordance with clause 4.
2.5 No tickets, itineraries, maps or other final details with respect to the Package will be provided to the Customer until payment of the Fee has been received by Ignite in full.
2.6 The Customer is liable to pay interest on any late payments accruing on the overdue payment from the date at which it fell due and owing to Ignite until the date on which the late payment is received by Ignite. Interest will accrue on a daily basis at a rate of 8% per annum where the Customer is an individual consumer, and at 8% per annum above the Bank of England base rate where the Customer is a business. Interest owed by the Customer is immediately due and payable to Ignite.
2.7 Ignite reserves the right to increase the Fee should the Retail Prices Index (“RPI”) exceed 3% at any point prior to the balance payment being made in full by the Customer.
2.8 Whilst Ignite will try to ensure that the cost of the Fee is accurate, errors may occur. If Ignite discovers an error in the cost or Fee of any Item the Customer has ordered, Ignite will inform the Customer as soon as possible and give the Customer the option of confirming the Package at the correct cost/ Fee (in which case Ignite will credit or debit the Customer as applicable) or cancelling the Package (in which case the Customer will receive a full refund). If Ignite are unable to contact the Customer to confirm the Package at the correct cost/ Fee, the Customer agrees that Ignite may treat the Agreement as cancelled and issue the Customer with a full refund, without any further liability.
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3. Late Booking
3.1 Bookings made within sixteen (16) weeks prior to the Package Date are owing in full within seven (7) days of the Parties entering into the Agreement and Ignite receiving the signed Booking Form from or on behalf of the Customer.
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4. Cancellation by the Customer
4.1 Any cancellation of this Agreement by the Customer must be made in writing and is effective from the day it is received by Ignite (“the Cancellation Date”). The right to cancel is as set out in this Agreement.
4.2 If the Cancellation Date is more than sixteen (16) weeks before the Package Date:
4.2.1 Any payments made to Ignite by the Customer in accordance with this Agreement prior to the Cancellation Date are non-refundable and will be retained by Ignite; and
4.2.2 If no payment or less than 50% of the Fee has been received by Ignite from the Customer as at the Cancellation Date, the Customer must pay to Ignite the remaining balance up to a total of 50% of the Fee as a cancellation fee within seven (7) days of the Cancellation Date.
4.3 If this Agreement is cancelled by the Customer less than sixteen (16) weeks before the Package Date, 100% of the Fee is due and owing by the Customer to Ignite as a cancellation fee within seven (7) days of the Cancellation Date.
4.4 Any tickets, passes or other material which has been provided to the Customer at the time of the Customer’s cancellation under clause 4.1 must be returned to Ignite on the Cancellation Date or as soon as reasonably practicable thereafter and before the Package Date.
4.5 The Customer agrees to pay to Ignite any costs incurred by Ignite in recovering sums owed by the Customer to Ignite under this Agreement or damages for non-performance thereof including legal costs on a full indemnity basis within 28 days of Ignite’s request in writing for such costs.
4.6 Ignite may at its sole discretion offer the Customer an alternative package for an alternative event at the same Cost / Fee or more if the Customer cancels the Package in accordance with this clause 4, and there is in the sole opinion of Ignite sufficient time to resell the Package. The alternative package will be subject to availability and the transfer to the alternative package will only be complete once any administration fees and additional sums due from the Customer have been paid in full.
4.7 If the Customer is a consumer, the Customer does not benefit from the statutory cancellation rights under Part 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“CCR 2013”) on the basis that this Agreement is excluded under Regulation 28 of the CCR 2013.
5. Cancellation, Delay, Reschedule or Alteration of Event / Occasion / Booking
5.1 An event, occasion, booking, or any other part of the Package may be cancelled, delayed, rescheduled or otherwise altered by a Third Party Provider or other third party for reasons outside the control of Ignite. Personal arrangements of the Customer may also be cancelled, delayed, rescheduled or otherwise altered for reasons outside the control of Ignite. Ignite accepts no liability for any loss or inconvenience caused to the Customer as a result of cancellations, delays, rescheduling or alterations to the Package as described in this clause 5.1, and any such changes to the Package by Ignite as a result of the occurrence of an event as described in this clause 5.1 and/or in accordance with clause 5.6 do not constitute a breach of this Agreement by Ignite.
5.2 In the event of a cancellation, delay, reschedule or alteration of the Package or any part of the Package in the circumstances described in clause 5.1, Ignite remains entitled to 100% of the Fee from the Customer in accordance with this Agreement.
5.3 Ignite will use its reasonable endeavours to inform the Customer as soon as reasonably practicable after it is informed that the Package is affected by any of the events described in clause 5.1 of this Agreement. The Customer accepts that it is the Customer’s responsibility to ascertain whether any part of the Package has been cancelled, delayed, rescheduled or altered from the Third Party Provider, and that Ignite may not be privy to such information.
5.4 The Third Party Providers or another third party may decide to withhold entry from the Customer or remove the Customer from the Package or any part thereof. Ignite is not responsible for or liable to the Customer for any loss or damage caused if the Customer or any other individual attending the Package is denied entry and/or removed from a premises involved in the Package or any part of the Package.
5.5 The Customer agrees to pay to Ignite such costs, expenses and disbursements which Ignite has incurred or for which it will or may be liable in connection with the Package and Ignite shall return any balance to the Customer. If Ignite obtains a refund from the Third Party Provider, Ignite will deduct its costs from that refund and return the balance to the Customer.
5.6 If the Package is cancelled or altered for the reasons in clause 5.1, Ignite at its sole discretion may decide to offer the Customer an alternative package at the same Cost / Fee or more, for which the Parties will be required to enter into a new agreement. The alternative package will be subject to availability and the transfer to the alternative package will only be complete once any administration fees and additional sums due from the Customer have been paid in full.
5.7 Packages are subject to any terms and conditions imposed by Third Party Providers on attendees or guests.
5.8 Save as otherwise expressly provided for herein or by statute Ignite’s liability under this Agreement or otherwise shall be limited to the Fee.
5.9 Except in respect of death or personal injury caused by Ignite’s negligence, Ignite shall not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under the terms of the Agreement, be liable for damage, costs, expenses or any other claims (whether caused by Ignite’s servants, agents or otherwise) in connection with the performance of obligations arising under the Agreement.
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6. Warranties and Indemnities
6.1 The Customer warrants that the contact information it has provided in the Booking Form is accurate, that the Customer is at least 18 years old, and that the Customer can enter legally binding contracts for the purchase of the Package.
6.2 The signatory for the Customer personally represents and warrants to Ignite that they are duly authorised and have legal capacity to enter into this Agreement on behalf of the Customer.
6.3 The Customer represents and warrants to Ignite that the entry into this Agreement has been duly authorised and that this Agreement is a valid and legal agreement binding on the Customer in accordance with the terms of this Agreement.
6.4 The Customer hereby waives and releases Ignite from and indemnifies and holds Ignite harmless against, any and all costs, damages, and expenses which are incurred by the Customer, its agents, employees and/or guests and which arise in connection with this Agreement or the attendance at the event.
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7. Data Protection
7.1 Ignite will comply with its responsibilities under the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) when handling, collecting and holding personal data belonging to the Customer or provided to Ignite by the Customer in connection with this Agreement.
7.2 Full details of Ignite’s policies and procedures for the collection, processing, storage and retention of personal data, including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Client’s rights and how to exercise them, and personal data sharing (where applicable), are contained in Ignite’s Privacy Notice available at: https://www.weareignite.co.uk/privacy-notice/
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8. Force Majeure
8.1 Ignite will not be liable for any failure or delay in performing its obligations where such failure or delay results from any force majeure event that is beyond the reasonable control of Ignite. Such causes include but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, epidemic, pandemic, theft, or any other event that is beyond the control of the Party in question.
8.2 In the event that Ignite cannot perform its obligations under the Agreement as a result of a force majeure event for a continuous period of three months, the Customer may at its discretion terminate the Agreement by written notice at the end of that period. In the event of such termination, the Parties shall agree upon a fair and reasonable payment for all services rendered up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the Agreement.
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9. Entire Agreement
9.1 The Customer hereby expressly accepts that these Terms and the contents of the Schedule constitute the entire agreement between the parties and further acknowledges that they have not been induced to enter into this agreement as a result of any representation warranty or other provision except as expressly provided in this Agreement, and all conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
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10. Miscellaneous
10.1 This Agreement and any dispute or claim arising out of or in connection with it, its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and the Parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.
10.2 The Customer may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of Ignite.
10.3 No part of the Agreement is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to the Agreement.
10.4 Except as provided for in this Agreement, no variation of this Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by Ignite.