Store Terms and Conditions

Definitions

A. Status of these Terms and Conditions

  1. These Terms and Conditions incorporate, and should be read in accordance with, the Terms and Conditions of Entry to the Festival.
  2. All Tickets are sold subject to these Terms and Conditions. Please read these Terms and Conditions carefully prior to purchase and raise any queries with the Promoter prior to purchase. Purchase of any Ticket constitutes acceptance of these Terms and Conditions on Your behalf and on behalf of any person for whom You are purchasing Tickets or supervising throughout the Experience.
  3. These terms and conditions are subject to change from time to time without notice and in our sole discretion. We will notify You of amendments to these terms and conditions by posting them to this website.
  4. Where an Experience is operated by a third party other than the Promoter, entry to the Experience is subject to the terms and conditions imposed by any such third party supplier and we advise you to obtain a copy of these terms and conditions prior to undertaking the Experience.

B. Entry

  1. All purchases made through the Festival shop are non-transferrable, non-refundable and cannot be exchanged.  You must present proof of purchase (confirmation email) (Ticket) in order to gain entry to the Experience.
  2. You must have a valid ticket for entry to the Festival prior to purchasing a Ticket for any Experience. No refunds are permitted where You choose to purchase a Ticket for an Experience without holding a valid ticket for entry to the Festival.
  3. Please check the details of your purchase carefully as mistakes cannot always be rectified after purchase. If you have not received a confirmation email following your purchase, please notify the Festival team, stating clearly your name and contact details, the Experience and Festival that your query relates to, by emailing: store@somersaultfestival.com (in respect of Somersault) and store@wildernessfestival.com (in respect of Wilderness).
  4. There are a limited number of places available for each Experience. Price and availability information is subject to change without notice.
  5. The Experiences are sold subject to the Promoter's right to alter or vary the published Experience programme which may result in changes to the timing of the Experience or any other aspect thereof. The Promoter reserves all rights in this regard. Any published start times of an Experience are estimates only and are subject to change. The Promoter shall not be liable for any change of a published start time.
  6. It is Your responsibility to make appropriate arrangements to ensure that You arrive at the location of the Experience in sufficient time in case the Experience starts early and to ensure that You are able to stay until the close of the Experience should You wish to if it overruns. We will not be responsible to make any refund or meet any costs in connection with any loss of enjoyment or other indirect loss as a result of an Experience not running to the precise advertised times.
  7. Subject to the terms and conditions of the third party supplying the Experience, in the event of a cancellation, postponement or Material alteration of the Experience (defined below) You may be entitled to a refund (at the Promoter's sole discretion), and if so entitled, it shall be in accordance with these terms and conditions. Where the cancellation takes place part-way through an Experience You may only be entitled to a refund of part of the face price which You paid for the Experience. Purchase of the Experience is at Your own risk and the Promoter will not have any liability for any such loss of enjoyment or wasted expenditure.

    8. A "Material" alteration is a change which in our reasonable opinion makes the Experience materially different to the Experience which You could reasonably expect. Changes to timing or location shall not be considered a Material alteration. A Material alteration is judged by reference to the nature of the Experience and the extent to which the enjoyment of the Experience by you in effected by such change.

  8. In order to submit your claim for any refund please contact; store@somersaultfestival.com (in respect of Somersault) and store@wildernessfestival.com  (in respect of Wilderness). Refunds will only be made to the person who purchased the Tickets.
  9. It is Your responsibility to check that the Experience has not been cancelled, rescheduled or made the subject of a Material alteration. Information on such matters will be made available on behalf of the Promoter as soon as reasonably practicable on the Promoter’s website and/or at the Festival site. Customers are advised that the website cannot always be updated immediately and that circumstances giving rise to cancellation, postponement or Material alterations can sometimes arise immediately prior to an Experience.
  10. The Promoter reserves the right to cancel any booking which we reasonably believe to have been purchased using fraudulent means, such as credit card fraud.
  11. Bookings may be restricted to a maximum number per person per credit card or per household. These restrictions will be notified to You 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.
  12. Tickets obtained in breach of these Terms and Conditions shall be null and void and the Promoter may refuse admission to, or eject You from, the Experience or Festival site. Any person seeking to use a void Ticket in order to gain or provide entry to an Experience will be considered to be a trespasser and will be ejected and liable to legal action. Void Tickets are non-refundable.
  13. Each Experience may be subject to age restrictions where advised to You on the Promoter's website. It is Your responsibility to check the suitability of the Experience for yourself, and for any children in Your party regardless of official age restrictions, this includes considering the type of audience the Experience 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 the Experience, including the behaviour of other audience members, causes offence to You or any children on whose behalf You have purchased Tickets.
  14. Where an Experience is held off the Festival site, you must carry your Festival ticket with you in order to gain re-admission to the Festival site. Only customers holding a valid Festival ticket will be re-admitted to the Festival.
  15. Should an Experience permit under 18 year olds to participate, they must be supervised by an adult aged 18 or over (one adult for every two children). If you are not the parent or legal guardian of supervised children, you must make all reasonable enquiries of their parents or legal guardians as to the matters set out in these terms and conditions.

C. The Experience

  1. The Experience is subject to licence and all applicable laws.
  2. The Promoter reserves the right to refuse You entry to and/or eject You from the Experience. In particular but without limitation You may be refused admission to or removed from the Experience for any of the following reasons: for health and safety or licensing reasons; if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Experience; if You use threatening, abusive or insulting words or mannerisms; if, in the Promoter's reasonable opinion, You are acting under the influence of alcohol or drugs; if You fail, when required, to produce proof of identity or age where there are age restrictions in place in connection with the Experience; if You breach these Terms; and/or if Your Ticket is void.
  3. If before or during the Experience You have a complaint in relation to the Experience please contact the Promoter or a steward promptly since complaints are very difficult to deal with after the Experience.
  4. You must comply with any and all instructions given to You by the Promoter and/or all stewards and staff operating the Experience.
  5. To the extent permitted by law and with Your consent, personal information provided by You to the Promoter in connection with your purchase of the Experience will be used for all purposes reasonably connected with the operations of the Experience (which may include sharing your personal information with any third party suppliers providing the Experience). The Promoter will not use or disclose Your personal information other than as set out in these Terms and Conditions without Your prior consent. If You have any queries about this, please write to Wilderness Festivals Limited, 59-65 Worship Street, London, EC2A 2DU (in respect of Wilderness festival) or MAMA Festivals Limited, 59-65 Worship Street, London, EC2A 2DU (in respect of Somersault festival).

D. Access

  1. The Promoter takes the needs of customers who are disabled or who have other access requirements very seriously and actively encourages people of all abilities to attend the Experience.
  2. If You have access requirements for an Experience please register Your requirements by emailing: sam.poulton@mamaco.com. If You have not notified the Promoter of Your access requirements in advance we cannot guarantee that we will be able to cater to Your needs, though we will use reasonable endeavours to do so.

E. Liability

  1. You agree that the Promoter, the operator of the Experience and their respective servants, agents and contractors will not be liable for any direct or indirect loss, injury or damage to any person (including Yourself) or property however caused (including by the Promoter or its servants or agents): (a) in any circumstances where the Promoter, its servants or agents have not acted negligently; (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury as a result of the negligence of the Promoter, 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.
  2. For the purposes of these Terms and Conditions, "Force Majeure" means any cause beyond the Promoter's and third party operator's control including, without limitation, an 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 and/or acts or regulations of national or local governments. Neither the Promoter nor the third party Operator of the Experience 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 Force Majeure.
  3. You agree that the Promoter shall not be liable to You for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Experience and/or our obligations hereunder including, but not limited to, loss of profits, 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.
  4. Neither the Promoter nor the third party operator of the Experience will have any liability to You whatsoever for loss or expenses incurred in connection with the Experience or any cancellation or delay of the Experience, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Experience or the cancellation of the Experience.
  5. The Promoter shall not be liable for the acts or omissions of the third party suppliers of the Experience, for any accident, personal injury or death suffered in connection with the Experience (unless due to the negligence of the Promoter and only where such injury is suffered on the Festival site) or any loss, theft or damage to Your property in connection with a third party supplier's provision of the Experience.

F.  Experience Specific Terms and Conditions

  1. It is your responsibility to determine whether or not you, and the children that you are supervising are in a fit state of health to participate in the Experience, and do not have  any medical conditions that might put your health and safety or that of other participants in the Experience at risk.
  2. Should you or your children have any conditions or concerns that may impact your ability to participate in the Experience, these will need to be discussed with us in advance and you may be unable to participate in the Experience.  We reserve the right to refuse you to participate in the Experience or to modify your experience if we believe it to be reasonably necessary.
  3. You must not be under the influence of drugs or alcohol whilst participating in the Experience. You are responsible for ensuring your own safety and that of any children you are supervising whilst participating in the Experience.
  4. You acknowledge that whilst the Promoter and  third party suppliers have exercised all due care and skill in operating the Experience, it may involve risks, dangers and hazards that may lead to injuries or loss including those beyond the reasonable control of the Promoter and/or third party supplier.
  5. You agree that You shall not, and shall ensure that any individuals whom Your are responsible for shall not, remove any equipment or materials from the Experience without express authorisation to do so from the operator of the Experience.
  6. You acknowledge that the Experiences are provided purely for enjoyment and amusement purposes, and the Promoter makes no warranty, express or implied, that any of the advice or information imparted to you in the course of the Experiences are accurate or correct.
  7. The Promoter takes the utmost care to protect the natural environment and its wildlife and does not support any Experience which may threaten the wellbeing or preservation of the same.

    8. Food/Dining/Cookery Experiences and Concessionaires

  8. The Promoter and/or operator of the Experience is unable to cater for any specific dietary requirements, food allergies and/or intolerances unless an alternative food option is expressly stated to be available at point of booking, or, as otherwise agreed in advance in writing with an authorised representative of the Promoter (and for the avoidance of doubt, an authorised representative of the Promoter does not include any waiting staff hired to serve at the Experience). The Promoter cannot guarantee that it shall accommodate any changes to the menus as a result of being so advised unless it expressly confirms in writing it is able to do so.
  9. Notwithstanding the provisions of paragraph 9, You are responsible for checking the food/beverage supplied for any ingredients to which you are allergic/intolerant (and the Promoter shall procure the availability of information identifying those ingredients used in connection with the Experience which are established food allergens, in accordance with its legal obligations). The Promoter accepts no liability in respect of any failure on your part to carry out the same, nor shall the Promoter be deemed negligent in connection therewith, having provided such information regarding the ingredients to You, and having advised You of your responsibilities to check such ingredients, as set out in this paragraph 9A.
  10. To the fullest extent permitted by law, the Promoter accepts no liability in connection with injury, sickness or death suffered as a result of your participation in the food/dining/cookery Experience.
  11. If You do not arrive on time for a food or dining experience, the Promoter reserves the right (without penalty) to refuse you entry, or alternatively, to permit entry but not serve any of the food/drink courses that may have already been served to other customers in your absence (and no entitlement for a refund of your Ticket shall arise as a result).

    12. Boutique Camping

  12. Due to the nature of the Festival and the array of customers it attracts, the Promoter cannot guarantee that the Boutique Campsite shall be quiet throughout the Festival, and particularly during the evening and night.
  13. Whilst the Promoter shall use all reasonable endeavours to ensure that all of the Boutique Camping facilities are available throughout the duration of your stay, and the experience is delivered as described, it shall not be held liable for matters outside of its control, including which may result in any loss of amenity, for example, where a third party supplier fails to provide utilities on time, or where any camping equipment supplied for a third party fails or requires replacement, natural changes to the landscape or where poor weather conditions are experienced.
  14. The Promoter reserves the right to re-locate your accommodation to another area of the Festival site should weather conditions deem it necessary to do so.

    15. Spa/Yoga/Massage/Pampering Experiences

  15. You are responsible for checking that you are not allergic/intolerant to any of the products supplied to you as part of the Experience.
  16. You must advise the operator of the Experience of any injuries, disability or pregnancy prior to undertaking the Experience, and the Promoter and/or operator of the Experience reserve the right to refuse your participation in the Experience, or modify the Experience for you, if they have reasonable cause to believe it may threaten your health and safety or that of other participants.

    17. Outdoor pursuits/action and adventure activities

  17. You participate in all Experiences at your own risk. Neither the Promoter nor the operator of the Event shall be held liable for any loss or damage to property, accident or injury to person, any delay in the Experience being held at the scheduled time if due to circumstances outside of its control (including, but not limited to, poor or inadequate weather conditions, animal behaviour or failure of equipment) and all other direct and/or indirect losses. Due to many of the activities being held outdoors, you acknowledge that the Promoter has no control over natural events or occurrences and you are advised to remain cautious and vigilant of your surroundings at all times.
  18. On occasion, it may become necessary to re-schedule the time and/or date at which the designated Experience shall take place, if poor or inadequate weather conditions mean that the Experience cannot be carried out safely, or where the activity cannot be experienced to its fullest and with maximum enjoyment, and the Promoter shall not be held liable in respect of any claims, loss or expenses that may arise as a result of the same.
  19. All participants in water-based activities must be competent swimmers, able to swim at least 25 metres and have a sound knowledge of water safety without accompaniment or buoyancy aid.
  20. You must wear all safety equipment provided to you by the operator of the Experience properly and at all times throughout the Experience and use all equipment safely and in accordance with the instructions of the operator of the Experience, showing consideration to other participants in your group.  Should you lose or damage any of the equipment provided to you, the Experience operator or the Promoter may require you to pay for any damage to be repaired or for the equipment to be replaced.
  21. You must wear appropriate clothing and footwear for the Experience. The Promoter and Experience operator hereby reserves its right to refuse you admission to the Experience if in its reasonable opinion, you are not dressed appropriately.
  22. Throughout the Experience, you must stay with your group at all times and adhere fully to the instructions of the operator of the Experience.
  23. You must not handle any plants or wildlife as part of the Experience unless expressly directed to do so by your Experience operator.
  24. You must advise the operator of the Experience of any injuries, disability or pregnancy prior to undertaking the Experience, and the Promoter and/or operator of the Experience reserve the right to refuse your participation in the Experience, or modify the Experience for you, if they have reasonable cause to believe it may threaten your health and safety or that of other participants.

G.   General

  1. To the fullest extent permissible in law, the Promoter shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that Your rights are not adversely affected.
  2. 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.
  3. If the Promoter delays or fails to enforce any of these Terms and Conditions it shall not mean that the Promoter has waived its right to do so.
  4. Any person, other than the Promoter, 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.
  5. Nothing in these Terms and Conditions and no action taken by You or the Promoter 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 the Promoter.
  6. Nothing in these Terms and Conditions shall purport to exclude liability for fraud or fraudulent misrepresentation.
  7. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.