1.1 In these terms and conditions the following words shall have the meanings set out below: Booking Form means the series of pages for the booking of Tickets within the Club’s Website; Club means The Gallery, Unit K, The Maltings, Station Road, Sawbridgeworth, CM21 9JX; Contract means any contract for the purchase of Tickets made between you and the Club; Confirmation means: a) (where you are purchasing Online), an email constituting acceptance of your offer to purchase Tickets, which is to be sent to you by the Club and which shall set out the following details: (i) details of all Tickets purchased, including the event, date, time and seat number; and (ii) the Contract price; b) (when you are purchasing otherwise than Online); Reasonable Control means without limitation, the following: (i) acts of God, which include earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost; (ii) force majeure which includes war, accidents, acts of public enemies, strikes, embargoes, perils of the air, local disputes and civil commons; and(iii) power failure and failure of sound or lighting equipment. Ticket means a ticket to gain admission to the Club for one person. Website and Online are references to the Club’s Website.
1.2 The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
2. OUR CONTRACT WITH YOU
2.1 These terms and conditions govern all Contracts whether made Online or otherwise in any manner.
2.2 Your Contract with the Club shall be processed and entered into as follows:
2.2.1 The completion by you of the Booking Form (which shall include, for the avoidance of doubt, the provision of your credit or debit card details) shall constitute an offer by you to purchase Tickets subject to these terms and conditions;
2.2.2 Upon electronic receipt of the Booking Form, the Club will check that you have correctly completed all parts of the Booking Form and confirm with your bank or credit card provider that you have sufficient funds to cover the total cost of the booking. Upon confirmation, the Club will then charge or debit your credit card or debit card accordingly and send you a Confirmation which shall constitute the Club’s acceptance of your booking. If the Club receives a prompt electronic notification that the Confirmation was not delivered successfully, then the Club will use reasonable endeavours to notify you of your booking by other means.
2.3 Your booking cannot be accepted until payment in full for the Tickets ordered has been received at which time a legally binding agreement on the terms set out herein will become effective.
2.4 The prices and availability of the Tickets are specified on the Club’s Website. These details are based on information available to the Club, however, the Club is not obliged to conclude any Contract.
2.5 You are entirely responsible for entering your details correctly onto the Booking Form. You represent and warrant that all details supplied by you are true and accurate. If there are any changes to your details once your booking is concluded then it is your responsibility to inform the Club promptly. Since different events, performances or artists (“Events”) may all have the same title it is your responsibility to satisfy yourself that the specific Events for which you purchase Tickets is what you do wish to purchase.
2.6 Where a person makes a booking on behalf of another party, that person accepts these terms and conditions on behalf of all parties for whom he makes a booking and is personally liable and responsible for all payments due from such parties in respect of such bookings (see also clause 4.3).
2.7 Booking services with the Club are only available to persons who are at least 18 years of age. By submitting a Booking Form you represent, warrant and confirm to the Club that:
2.7.1 you have read, understood and agree to be bound by this Agreement; and
2.7.2 you are at least 18 years old, either making a booking for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian making a booking for the benefit of your child, please be aware that you are fully responsible for him or her including all legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not tick the acceptance box and do not attempt to make any booking.
2.8 The Club reserves the right in its sole discretion to place restrictions on the number of any Tickets ordered in respect of any purchaser or overall (see also clause 4.2) for whatever reason, including (but not limited to) health and safety and licensing requirements
2.9 It is your responsibility to check that the Tickets issued to you reflect what you wish to order. You must notify us immediately of any perceived inaccuracy in default of which you shall be deemed to confirm that the Tickets do reflect what you wish to order.
3.1 The price of all Tickets displayed on the Club’s Website are inclusive of VAT (and credit card processing charges)
3.2 A discretionary service charge of 10% on food & beverages is added to the bill.
4. TERMS OF PAYMENT AND SPECIAL OFFERS
4.1 All Tickets must be paid for in full at the time of booking. Bookings shall be made in advance and paid by credit/debit card: Online, or by attending the Club prior to the event and at least 24hrs in advance.
4.2 The maximum number of Tickets which can be booked in a single booking Online is 6. We allow larger group bookings but payment for these must be made in person.
4.3 If the Tickets are being paid for with a third party credit/debit card you must provide the Club with written authorisation from the card holder before entering into any Contract.
Only one special offer can be used at any one time. Not more than one offer can be combined.
Happy Hour – during the stated Happy Hour, the cheapest drink will be offered at half price. Drinks avaiable for the Happy Hour promotion are at the discrestion of the managment. Happy Hour is only eligible on Friday and Saturday evenings between 6.30pm and 7.30pm.
10% Off Drinks Special Offer (June and July) can not be used in conjunction with any other offers i.e. Happy Hour.
All other special offers are subject to managment discretion and may be cancelled, removed, stopped and/or paused at any time.
5. ALTERATIONS AND CANCELLATIONS
5.1 The Club does not permit Tickets to be refunded after purchase in any circumstances, except where a performance has been cancelled or abandoned when less than half the performance has taken place due to any factors which are beyond the Club’s Reasonable Control. Where monies are refunded, such refunds are limited to the face value of the Tickets purchased and shall not include any booking fee or any postage or credit card charges.
5.2 Subject always to the other terms and conditions, Tickets may be exchanged for later performances or credit vouchers provided that you give the Club ticket office not less than 5 days’ notice before the performance is due to take place. An additional handling charge of £1.00 per Ticket will be payable by you for this service.
5.3 All Tickets are sold subject to the Club’s right to make any alterations to the advertised programme, timings, menu and prices (except in respect of the Tickets sold already) without notice or any other arrangements advertised on the Club’s Website or elsewhere, which alterations are rendered necessary in our sole discretion by an unavoidable cause.
5.4 In certain reasonable circumstances, the Club reserves the right to provide alternative seats to those specified on the Tickets.
6. LIABLITIES OF THE CLUB
6.1 Subject to Clause 6.3 below, the Club will only be liable to you for direct losses arising as a result of:
6.1.1 a breach of these terms and conditions by the Club; and
6.1.2 any fraudulent statement or negligent act by the Club arising under or in connection with the Contract.
6.2 The Club’s total liability under clause 6.1 above shall be limited to the total face value of the Tickets of the claimant.
6.3 Nothing in this Clause 6 or these terms and conditions excludes or limits any liability of the Club for death or personal injury attributable to the Club.
6.4 Except as provided in clause 5.1, the Club will not be liable in any way if an Event or performance is abandoned after more than half of it has taken place due to any factors which are beyond the Club’s Reasonable Control.
6.5 The Club will not be liable for any losses or damage incurred or suffered by you in connection with your use of the Club’s Website, for any delay in using or your inability to use the Website, for any information or Tickets obtained through the Website or for any material posted to the Website by the Club or by users of the Website.
7.1 You agree to indemnify and hold harmless the Club from and against any and all claims, losses, demands, causes of action and judgments (including legal fees and costs) arising from or concerning any breach by you of a Contract and/or the Privacy and Cookies Policy and/or these terms and conditions and you agree to reimburse us on demand or any losses, costs or expenses we incur as a result thereof.
8. SAFETY, ADMISSION AND ENJOYMENT
8.1 Without prejudice to the foregoing, the Club reserves the right to refuse admission and may request any customer to leave (taking any such appropriate action which may be reasonably necessary to enforce this right) before or during any performance if it is necessary to do so. The Club may also, on certain occasions, have to conduct security searches to ensure the safety of patrons, staff and/or property.
8.2 The Club cannot permit any alcohol to be brought into the premises by a patron
8.3 Mobile phones, pagers and watches must be silenced before entering the Club building and remain so whilst present in the Club building.
8.4 Children under the age of 18 are not allowed into the Club building with the exception of Sunday sessions where children of any age are permitted accompanied by an adult.
8.5 Smoking is not permitted in the Club building.
8.6 Please inform us of any allergens or food intolerances 72 hours prior to attending the Club. Allergen information is available upon request.
We do not operate an allergen-free kitchen or bar. All our dishes are subject to cross contamination.
9. THIRD PARTY RIGHTS
9.1 A Contract between us is only for the benefit of you and us and no other person can claim a benefit from this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to a Contract, these terms and conditions or otherwise
10. GOVERNING LAW
10.1 These terms and conditions and any Contract concluded incorporating these terms and conditions shall be governed by English Law and all disputes shall be submitted to the non-exclusive jurisdiction of the English Courts.
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