Terms and Conditions of Venue Entry
MAMA New Music Limited and Mean Fiddler Group Limited (referred to herein collectively as "MAMA", "we" or "us") (with their registered office address at 19-25 Argyll St, London W1F 7TS) acting on behalf of either The Garage (London), Barfly (London), The Jazz Cafe (London), The Forum (London), The Borderline (London), Hoxton Square Bar & Kitchen (London), The Ritz (Manchester), Arts Club (Liverpool), The Institute (Birmingham) (each a "Venue") and MAMA New Music Limited acting on behalf of MAMA Presents authorise Ticketmaster UK Limited, TicketWeb (UK) Limited and any other ticket agencies nominated by MAMA from time to time ("Ticket Agents") to sell tickets ("Ticket(s)") to events taking place at the Venues (each an "Event") as an agent on behalf of MAMA, as organiser of the event ("Organiser"). In addition, external promoters or organisers may appoint their own authorised ticket agents on an event by event basis.
Please note that any changes to authorised Ticket Agents shall be notified in these Terms and Conditions. Do not buy any Tickets from unauthorised ticket agents.
A. STATUS OF THESE TERMS AND CONDITIONS
- These Terms and Conditions incorporate, and should be read in accordance with, the terms and conditions of the authorised Ticket Agent from which you purchased your Ticket, copies of which are available upon request or on the website of the relevant authorised Ticket Agent. In the event of any inconsistency between these Terms and Conditions and the terms and conditions of the relevant authorised Ticket Agent, these Terms and Conditions shall prevail.
- All Tickets are sold subject to the terms and conditions of the authorised Ticket Agent of the Venues and/or Organiser and/or of the venues at which MAMA Presents events take place and to these Terms and Conditions. Please read these Terms and Conditions carefully prior to purchase and raise any queries. Purchase of any Ticket constitutes acceptance of these Terms and Conditions.
- These Terms and Conditions are subject to change without notice from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them on this website and it is your responsibility to ensure you have read the most current Terms and Conditions before purchasing your Tickets.
B. YOUR TICKET
- Your Ticket may be in the form of paper, mobile/bar code, email, wristband or chip technology or such other form of proof of entry that becomes available on the market from time to time.
- Only persons holding a valid Ticket will be admitted to the Event. You must retain this Ticket on your person at all times during the Event.
- Please check your Tickets upon receipt as mistakes cannot always be rectified after purchase.
- Your Ticket may be invalidated if any part of it is removed, altered or defaced. Removing the Ticket stub will invalidate the Ticket.
- Tickets are not issued on a sale or return basis and cannot be cancelled, transferred or exchanged after purchase other than in accordance with these Terms and Conditions and those of the authorised Ticket Agent from whom you purchased your Ticket and except where an authorised ticket exchange or resale facility is offered. Please see our Refund and Cancellation policy below.
- Price and availability information is subject to change without notice. Tickets are sold subject to the Organiser's right to alter or vary the published Event programme without being obliged to refund monies or exchange Tickets other than pursuant to the Refund and Cancellation policy below. It is your responsibility to check that the Event is going ahead at the date and time printed on the Ticket.
- Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket or used in connection with the Event.
- For Events with seated and standing arrangements, each Ticket provides you with a licence to stand or to occupy a seat (as applicable) of a value corresponding to that stated on your Ticket, save where the Ticket states "balcony, unreserved", in which case the venue reserves the right, without penalty, to offer customers an alternative option for seating/standing within the Venue should the unreserved balcony/unreserved upper balcony be closed or part-closed for the Event, and no refund or compensation shall be payable to the customer as a result of this change.
We reserve the right to provide alternative seats to those specified on the Ticket where it is not possible to allow you to occupy the specific seat printed on your Ticket. In these circumstances, we will use reasonable endeavours to provide you with a seat of equal value to that which you purchased and where we are unable to do so (and solely at the Venue's discretion), we may reimburse you for the difference in value of the seat we are able to provide and the value of the seat printed on your Ticket. We shall have no further liability to you as a result of the change in seats. It is your responsibility to check any changes to the seating/standing arrangements at the Venue prior to attending the Event.
- Neither MAMA nor any Organiser is liable for any Tickets which are lost or stolen. Standing tickets purchased via third party ticket agents cannot be duplicated if lost or stolen.
- Customers are requested to address any specific access requirements in advance of their visit and of purchasing a Ticket by contacting the relevant Venue using the email address or telephone number set out below:
||0151 559 3773
|Hoxton Square Bar & Kitchen
||020 7613 0709
||020 7734 5547
||020 7424 0800
||020 7428 4099
||020 7619 6721
||0121 643 0428
|The Jazz Cafe
||020 7688 8899
||0161 236 3234
Please note that accessible seating may not be available unless it is arranged in advance, and it may not be possible to accommodate some accessibility requests at some of the Venues.
- There are a limited number of Tickets (and different types of Tickets) available for each Event, and therefore purchase of Tickets is strictly subject to availability.
C. TICKET RESALE
- Tickets are personal, revocable, non-transferable licences and shall at all times remain the property of MAMA or the Organiser and subject to these Terms and Conditions.
- Resale, or attempted resale or purchase of a Ticket other than via an authorised Ticket Agent of each Venue or the Organiser are grounds for seizure or cancellation of such Ticket without refund or other compensation. If you are unsure as to whether or not a person offering Tickets for sale is an authorised Ticket Agent, particularly on the secondary ticketing market, please contact our ticketing department on telephone number 0207 688 9000 or by email on firstname.lastname@example.org. Please be aware that auction sites such as ebay and non ticket-specific consumer to consumer websites such as Gumtree are not authorised ticket agents.
- Tickets cannot be used for competitions, promotions, advertising or hospitality packages or otherwise for commercial gain without the express written permission of MAMA, and any Tickets so provided for such purposes remain subject to these Terms and Conditions.
- Neither we nor any Organiser will take responsibility for the validity of Tickets purchased from unauthorised agents or other sources including, without limitation, ticket touts. Any such Tickets will be rendered null and void and we shall be entitled to refuse entry to, or eject any person from, Venues whom we reasonably believe to have purchased Tickets from any unauthorised source.
- We reserve the right to cancel any Ticket booking which we reasonably believe to be made with a view to resell such Tickets or where the Ticket has been purchased using fraudulent means, such as credit card fraud.
- Tickets may be restricted to a maximum number per person per credit card and, for some events, a restriction may apply per household. These restrictions will be notified to you by our Ticket Agents and/or on our website before you make your booking. We reserve the right to cancel Tickets purchased in excess of this number without prior notice to you of such cancellation.
D. AGE RESTRICTIONS AND YOUNG PERSONS
- All children must have a Ticket.
- For Events taking place at all Venues, and in relation to MAMA Presents Events taking place at other venues, under no circumstances shall any person under the age of 14 be permitted to attend the Event. Where it is specified in the booking process that individuals aged 14 to 16 years (inclusive) may be permitted to attend the Event, then each such individual must be accompanied by an adult aged 18 or over. We will not be liable to refund any Tickets which have been purchased for use by children 16 years or under in relation to such Events where such individual has failed to also purchase a Ticket for an accompanying adult to attend the Event, and all refunds are strictly in accordance with our refund policy set out below.
- Events may be age restricted and it is the responsibility of the person who purchases the Tickets to check that s/he and persons on whose behalf s/he purchases tickets comply with such age restrictions before purchasing Tickets for themselves or on behalf of others. You may be asked to provide proof of identity and age upon request for any person in your party whom we reasonably believe does not meet the minimum age requirement for an Event. If you are unable to provide this proof of identification the member of your party who we believe to be under the minimum age requirement may not be allowed entry.
- It is your responsibility to check the suitability of an Event for any children in your party regardless of official age restrictions, this includes considering the type of audience the Event is likely to attract and whether such an audience is a suitable environment for children in your party. Refunds will not be issued if any aspect of an Event, including the behaviour of other audience members, causes offence to you or any children on whose behalf you have purchased Tickets.
- We do not recommend subjecting children to loud music over a sustained period of time. Hearing protection is advised for all Events taking place at Venues where loud music is involved. A concert environment is not suitable for very young children.
- Except for shows specifically aimed at children, accompanying adults should be confident that children within their party will not cause disruption to other audience members. Any disruption may result in you and your children being removed from the Venue.
- You must produce a valid Ticket to gain entry to the Venues and upon request for inspection at any time. Failure to produce your Ticket when requested may result in you being ejected from the Venues.
- In order to ensure the security, safety and comfort of all patrons, we reserve the right at our reasonable discretion to refuse admission without compensation or refund.
- Searching is a condition of entry to protect your safety and that of other customers. We may conduct security searches of persons' clothing, bags and other items which we reasonably determine at our discretion on entry and exit and reserve the right to disallow within the Venues items which may be illegal or which, in our reasonable opinion may cause danger or disruption to the Event, or other patrons (regardless of whether or not such item is illegal or is carried for specific purposes) and/or which artists performing at the Event or their management have asked us to prohibit and/or are otherwise prohibited pursuant to these Terms and Conditions, including, without limitation, food and beverages (other than as required on proven medical grounds) (all such items "Prohibited Items"). Anyone found in possession of illegal or contraband goods may also be liable for prosecution. All items left with stewards before entry into the Venues are left at your own risk.
- Animals, with the exception of assistance dogs, are not permitted in any of the Venues. Customers attending with assistance dogs are requested to contact the Venues sufficiently in advance of the Event (on the telephone numbers and emails addresses given above) for further information.
F. THE EVENT
- There is no re-admission once you have left a Venue/Event, except to use the external designated smoking area, save in limited circumstances at the sole discretion of that Venue.
- In relation to seated Events, other members of the audience may stand up during the Event which may block your view if you choose to remain seated or if they are taller than you. Refunds and compensation will not be offered if your view is restricted.
- Floor seating is not tiered and refunds or compensation will not be offered if your view is restricted as a result of the floor not being tiered.
- There will be no admission to the Event before the designated opening times.
- For some specific shows, and at the request of the artist, latecomers may not be admitted into the auditorium until a suitable break in the performance. If you expect that you will not be able to arrive at an Event on time please check with the relevant Venue first before buying your Ticket as we will not refund Tickets in whole or in part where you miss part of an Event due to a late arrival.
- In case of emergency please follow instructions and directions from stewards, staff and/or other officials.
- Should you experience any problems while in the Venues please contact the nearest steward so that every reasonable effort can be made to resolve the issue prior to, or during the Event as complaints are very difficult to resolve after the Event.
- All of the Venues are no smoking premises.
- Warning - prolonged exposure to loud noise may cause damage to your hearing. Flashing/strobe lights may be used during a performance.
- You may be ejected from the Venues or may not be permitted into the Venues and will be asked to surrender any Tickets you may hold if, in our reasonable opinion, you or your behaviour or any item you are carrying poses a health and safety risk; affects the enjoyment of other patrons; affects the running of the Event; may cause damage to or interfere with the property of MAMA, the Venues or the Organisers; is unacceptable; is in breach of these Terms and Conditions; is in breach of the law; is in breach of any rules and regulations of the Venues which are notified at the Venues (these include, without limitation, entering any backstage or prohibited areas, standing in seats or in walkways and climbing on the building structure, throwing any objects or substances onto the stage or into the crowd or at another customer, smoking); may lead to a breach of any licensing conditions; and/or you refuse to leave a Prohibited Item with our stewards or to be searched. If any member of your party is ejected for any of the above reasons and You choose to leave with them You will not be entitled to a refund.
- You must leave the Venues quietly in consideration for our neighbours. Any failure to do so may result in you being refused permission to purchase Tickets to future Events.
- CCTV and film cameras may be present at the Venues, this includes filming by the police or security staff carried out for the security of customers. By purchasing a Ticket and attending the Event you give your express consent to all such filming and to your actual or simulated likeness being included within any film, photograph, audio and/or audiovisual recording ("Footage"), the copyright of which shall be owned by us or the Organiser. You further hereby agree that any such Footage may be exploited by us or the Organiser in any and all media for any purpose at any time throughout the world including use in commercial distribution or use for commercial purposes, such as merchandising or DVDs, without payment or compensation.
- The use of cameras, video and/or sound recording equipment by you is prohibited and such items may not be permitted into the Venues except with our express written consent.
- You are required to observe and comply with rules and regulations of the Venues and comply with all instructions given to you by Venue stewards and staff at the Event. Normal statutory rules and regulations apply and should be observed at the Event, failure to do so may result in ejection from the Event without refund or compensation.
- All advertised times are approximate and subject to change. It is your responsibility to make appropriate arrangements to ensure that you arrive at the Venues in sufficient time in case the Event starts early and to ensure that you are able to stay until the close of the Event should you wish to if it overruns. We will not be responsible to make any refund or meet the costs of any alternative travel arrangements or for any loss of enjoyment or other indirect loss as a result of an Event not running to the precise advertised times.
G. FOOD AND BEVERAGE
- No food or beverages are permitted to be brought into the Venues by you (save in limited circumstances on medical grounds and where authorised by MAMA or the Organiser in advance of entry). A variety of food and beverages will be available for purchase at certain times at Hoxton Square Bar & Kitchen, Arts Club and The Jazz Cafe.
- Bottle tops will be removed from all bottles purchased at an Event to reduce the risk of them becoming rolling trip hazards, or used as missiles. Drinks will be decanted into plastic cups, except in the restaurant area of Arts Club.
- When purchasing alcohol if you appear to be under the age of 25 you may be asked for proof of age.
- We reserve the right to refuse to serve you alcohol if, in our reasonable opinion, we believe that you are intoxicated or likely to become intoxicated if we serve you further alcoholic beverages.
- Official Merchandise is only available from outlets within the Venues. Please be aware of unofficial traders offering inferior goods for which we accept no responsibility.
- You are not permitted to sell or offer for sale or distribute any items whilst at or in the environs of the Venues including, without limitation, merchandise, Tickets, food, beverages, cigarettes or smoking materials, newspapers or magazines.
- You shall not bring into the Venues or display or distribute (whether for free or with a charge) at the Event any sponsorship, promotional or marketing materials.
I. DATA PROTECTION
To the extent permitted by law, personal information provided by you when you purchase your Tickets will be used for all purposes reasonably connected with the operations of the Event and of MAMA including (but not limited to): providing You with details of forthcoming connected events, offers and services; providing You with updates as to the latest concessions or any changes thereto and information concerning competitions and other promotional activity; supplying you with the goods that you request or in which we reasonably believe you may be interested; conducting market research and establishing customer profiles; and transferring or disclosing the information provided to our professional advisors and such other parties as we consider necessary in the administration of its business. We will not use or disclose your personal information other than as set out in these Terms and Conditions without your prior consent. By purchasing a Ticket or Tickets you consent to the use of your personal information in this way. You will be given the opportunity not to subscribe to future marketing communications from us when you place your order and in all future communications which you receive from us. If You have any queries about this, please write to the Group Counsel, 59-65 Worship Street, London, EC2A 2DU.
J. REFUNDS AND CANCELLATION
- The Organiser reserves the right to make alterations to the advertised event, where the alterations are not Material.
- In the event of a cancellation, postponement or Material alteration of an Event you will be entitled to a refund in accordance with the terms and conditions or refund policy of the authorised Ticket Agent from whom you purchased a Ticket. Personal arrangements including travel, subsistence and accommodation in relation to the Event which have been arranged by you are at your own risk and neither MAMA nor the Organiser will have any liability for any such loss of enjoyment or wasted expenditure.
A "Material" alteration is a change which in our reasonable opinion makes the Event materially different to the Event which purchasers of the Ticket could reasonably expect. Changes to performance times, supporting acts and the use of understudies in a theatre performance shall not be a material change. A material change is judged by reference to the nature and billing of each Event, and only the first advertised name in respect of an Event shall be considered a headline artist. Events which are festivals or themed events are judged by reference to the overall theme rather than the individual act scheduled to appear. This includes Events which have multiple artists and/or where the Event name does not include reference to any specific act. In these cases, no scheduled acts may be considered as headline acts, regardless of their relative fame or prominence in the billing.
- In order to claim your refund, please refer to the terms and conditions of the authorised Ticket Agent from which you purchased your Ticket for details of how to claim a refund. The point of sale may not make a refund if you fail to follow the instructions provided within the notified timeframes. Refunds will only be made to the person who purchased the Tickets.
- It is your responsibility to check that an Event has not been cancelled, rescheduled or made the subject of a Material alteration. Information on such matters will be made available on behalf of MAMA and/or the Organiser as soon as reasonably practicable at the relevant Venue and/or on the Venue website, details of which are:
|Hoxton Square Bar & Kitchen
|The Jazz Cafe
Customers are advised that the website cannot always be updated immediately and that circumstances giving rise to cancellation or Material alterations can sometimes arise immediately prior to an Event.
- Tickets will not be refunded where they have been used to gain entry to the Event or where you are able to and choose to attend a postponed Event.
- You agree that neither MAMA nor the Organiser nor each of its respective servants or agents will be liable for any loss, theft, injury or damage to any person (including you) or property however caused: (a) unless due to the negligence of MAMA or the Organiser (as the case may be), or in each case, of each of its servants or agents; or (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury due to the negligence of MAMA or the Organiser (as the case may be), or in each case, each of its servants or agents; and/or (c) to the extent that any increase in any loss or damage results from the breach by You of any of these Terms and Conditions.
- You agree that neither MAMA nor the Organiser shall be liable to you for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Event and/or our obligations hereunder including but not limited to loss of profit, anticipated profits, savings, business or opportunity or loss of publicity or loss of reputation or opportunity to enhance reputation or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.
- Neither MAMA nor the Organiser will have any liability to you whatsoever for loss or expenses incurred in connection with the Event or any cancellation of the Event, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Event or the cancellation of the Event.
- For the purposes of these Terms and Conditions, "Force Majeure" means any cause beyond MAMA or the Organiser's control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, royal mourning, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. Neither we nor the Organiser will be liable to you for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by a Force Majeure.
- You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred as a result of your breach of these Terms and Conditions or default in the discharge of your obligations.
- To the fullest extent permissible in law, MAMA shall be entitled to assign all and any of our rights and obligations under these Terms and Conditions, provided that your rights are not adversely affected.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms and Conditions valid or enforceable.
- If MAMA or Organiser delay or fail to enforce any of these Terms and Conditions it shall not mean that they have waived their right to do so.
- Any person, other than MAMA or the Organiser, who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
- Nothing in these Terms and Conditions and no action taken by you or us under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other fiduciary relationship between you and us.
- These Terms and Conditions constitute the entire agreement between the parties in connection to the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between you and us relating to the subject matter of these Terms and Conditions. However, nothing in these Terms and Conditions shall purport to exclude liability for fraud or fraudulent misrepresentation.
- These Terms and Conditions shall be governed by the laws of England and Wales and parties agree to submit to the exclusive jurisdiction of the English Courts.