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TERMS AND CONDITIONS OF SALE (THE “CONDITIONS”)

1. DEFINED TERMS
1.1 “Contract” means the contract between us and you formed in accordance with Condition 2.2.
1.2 “we”, “us” and “our” means Vision Arts Wales
1.3 “Ticket” means a ticket offered for sale by us for attending a performance of any kind at a venue and “Tickets” will be construed accordingly.
1.4 “Booking Fees” means those fees added to your ticket at the checkout stage
1.5 “you” and “your” means the person from whom we receive an order for Tickets.


2. FORMATION OF OUR CONTRACT WITH YOU

2.1 All Tickets are sold subject to these Conditions and no other terms or conditions. Please read these Conditions carefully prior to making an order for Tickets.
2.2 If you are purchasing tickets other than Tickets (i.e. tickets for a performance at a venue other than the one advertised), please note that we are simply acting as a sales agent for that venue and any sale of such tickets by us to you will be subject to that venue's terms and conditions (copies of which are available from that venue), and not these Conditions. We accept no liability to you as regards the performance, or otherwise in connection with the sale of such tickets.
2.3 A contract for the sale of Tickets by us to you on and subject to these Conditions is formed upon the acceptance by us of your order, when your order is made online (by the completion of the series of pages for booking Tickets set out on our website), No acceptance of your order shall be deemed to have been made until we are in receipt of payment in accordance with Condition 4.5.
2.4 We reserve the right to place restrictions on the number of Tickets ordered.

3. PRICES
3.1 Ticket prices and Ticket availability are advertised via several sources and are provided by us based on information available to us. We are not obliged to conclude any Contract at the prices advertised and we reserve the right to introduce or cancel discounts and to make other price changes without notice. Discounts and special offers may be limited or subject to availability. Accordingly, the price of Tickets for the performance will be the price set out on our website or notified to you at the time you make your order.

3.2 You must state any discount to which you think you are entitled at the time of ordering your Tickets, as discounts cannot be applied retrospectively. Concessionary rates vary according to performance. Proof of identity and/or entitlement to concessionary rates, including HHS ID cards may be requested: (a) at the time of your order; and/or (b) at the time of collection of Tickets; and/or (c) at the performance itself. Please note that if proof of entitlement is not shown when asked, your ticket will be exchanged to a standard-rate ticket and you will need to pay the difference.

4. PAYMENT 4.1 You will pay us the price of the Tickets ordered together with any applicable Booking Fees in relation to your order.
4.2 Subject to Condition 4.3, all Tickets and Booking Fees must be paid at the time of your order and Tickets cannot be reserved pending payment. 
4.3 If you have registered as a group booker, and your order was for ten (10) or more Tickets or you are in the process of joining our access scheme and we have permitted you to reserve those Tickets pending payment for a period, you must pay for such Tickets, in full and cleared funds before the deadline we have specified for payment. Any Tickets included in your order which have not been paid for in full and cleared funds by the specified deadline, or any Tickets which you have told us you no longer require, will be released by us for general sale following either: (a) the specified deadline; or (b) the date you notified us that such Tickets were no longer required (whichever is sooner).
4.4 Payments can be made as follows: by cheque for group bookings pursuant to Condition 4.3 via post (cheques must be made payable to Vision Arts) or using the following credit and debit cards: Visa, MasterCard, MasterCard Debit, Visa Delta, Maestro and Electron.
4.5 Payment under this Condition 4 will not be deemed to have been made until the relevant sum has been received by us in full and in cleared funds.

5. DELIVERY AND COLLECTION OF TICKETS
5.1 We will not release any Tickets to you until we are in receipt of payment in accordance with Condition 4.5.
5.2 Where possible, we recommend that you chose the E-Ticket delivery method. However, subject to Condition 5.5 if the performance is ten (10) days or more after the date on which you pay for your Tickets, we can post your Tickets to you. We will use second class standard post to do this, unless you indicate that you want us to send the Tickets by first class post or by recorded delivery and have paid the appropriate Booking Fees.
5.3 If the performance is within nine (9) days of the date on which you pay for your Tickets, we will cease to offer the Mail delivery option. It is our recommendation that you use the E-Tickets option if available.

5.4 There is an optional £2 postage fee (Standard Mail to UK address only) for tickets to be posted to you. Where we send Tickets to you by post, we will send such Tickets according to the address details provided by you for such purposes. We will not accept any liability or responsibility for Tickets or other documents sent to you which are mislaid or lost in the postal system. If a Ticket is lost, then we will reissue the same, but it will be held at our Ticket Office and must be collected in accordance with Condition 5.3.
5.5 We reserve the right to delay posting Tickets or require you to collect Tickets from the Ticket Office:
(a) in respect of certain performances where we reasonably consider that such performances create a heightened risk of Tickets being resold for profit or commercial gain; and
(b) if your order is for Tickets whereby proof of identity and/or entitlement to concessionary rates is required and may be requested in accordance with Condition 3.2.

6. REFUNDS, EXCHANGES AND RE-SALES
6.1 In the event of a cancelled performance we will offer a credit note including the booking fee. This credit note can be used against any other performances the company is offering - Please be aware that a Credit Note has no monetary value and can only be used against Vision Products. No financial refunds will be offered unless agreed by the management team.
6.2 Subject strictly to availability, we may permit you to exchange purchased Tickets up to 24 hours before the commencement of the performance for which such Tickets were purchased, for seats for another performance of the same production.
Where exchanges are for seats of a lower price, we will not refund the difference between the Ticket prices to you. Exchanges for seats of a higher price must be accompanied by payment of the outstanding balance. We will charge a £1 handling fee per Ticket to be exchanged and you must produce all the original Tickets to us before the exchange will be processed.  Any Booking Fees charged in connection with your purchase of the original Tickets will also be retained by us.
6.5 In exceptional circumstances we reserve the right to offer alternative seats to those specified on the Tickets.  In such cases we will try to ensure that such alternatives are of an equal or greater value to the seats specified on the Tickets. However, if in our reasonable opinion this is not possible and we relocate you to alternative seats of a lesser value than those specified on your Tickets then we will also issue you with a refund in respect of the difference, if you are able to produce your Tickets.  Any such refund will exclude Booking Fees that you have already been charged plus 10%.

7. ALTERATIONS TO ADVERTISED CAST, PROGRAMME AND ARRANGEMENTS
Tickets are sold subject to our right to alter or vary the advertised cast, programme and arrangements. For the avoidance of doubt, no refund will be made in the event of such an alteration or variation.

8. YOUR RESPONSIBILITIES
8.1 You must provide us with accurate details about you and your order at the time of your order. Please check Tickets carefully as errors cannot always be corrected and refunds will not be made other than in accordance with these Conditions.
8.2 We try to ensure that our venue is a safe and happy environment for our customers to enjoy performances and for our staff to work. In order to help us achieve this, whilst attending our venue you will comply with any reasonable instructions issued by our staff.
8.3 You will: (a) not attempt to purchase any Tickets at a concessionary rate unless you are genuinely entitled to benefit from the relevant rate; (b) not record or transmit by any means any images, videos or sounds forming part of a performance; (c) not purchase Tickets for the purpose of reselling the same for profit or commercial gain; (d) not take glass, cameras and/or any recording equipment into a performance; (e) switch off all mobile telephones  and/or pagers and/or other electronic communication devices during the performance; and (f) not smoke in our venue.
8.4 Where you have purchased Tickets on behalf of other people, you are responsible for making such people aware of these terms and conditions and ensuring that they comply with the same.

9. OUR RIGHTS
9.1 We reserve the right to:
(a) conduct security searches to ensure the safety of our customers and staff.
(b) refuse you entry to and or to remove you from our venue or any performance in the following circumstances: (a) if you or any of your party behave in a way that will or may adversely impact upon the enjoyment of other people at our venue or any performance; (b) if in our opinion, you are acting unreasonably whether as a result of you being under the influence of alcohol or drugs or otherwise.
(c) if you fail to comply with a security search; (d) for health and safety or security reasons; (e) if you do not produce a valid Ticket for the performance upon request; or (f) if you fail to comply with, or if you are in breach of, any of these Conditions.

(c) refuse to sell Tickets to anyone we believe to be purchasing for the purposes of resale. Unless given express permission by us, Tickets must not be resold or transferred for profit or commercial gain. If you do so, we will render the relevant Tickets void and the holder of the Tickets may be refused entry.

10. OUR LIABILITY
10.1 Subject always to Conditions 10.2 and 10.3, if we fail to comply with these Conditions, we shall only be liable to you for the price of the Tickets and any direct losses that you suffer because of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are also a foreseeable consequence of such failure.  All other liabilities of ours, of any kind whatsoever, are excluded to the fullest extent permitted by law.
10.2 We will not be liable for any travel or accommodation expenses incurred in any circumstances, including if a performance is cancelled.

11. ENTRY AND LATECOMERS
11.1 All persons must be in possession of a valid Ticket to gain entry to the relevant performance. Proof of identity and/or entitlement to concessionary rates may be requested on entry.
11.2 We will endeavour to seat latecomers at a suitable break in the performance, as judged by our staff. However, please note that this may not be the first interval. In exceptional circumstances and depending on the performance, we may be unable to admit latecomers at all. Please therefore make every effort to attend performances in plenty of time.

12. CHILDREN
12.1 Sales of Tickets of Children Should be intended to be used by children under the age of 16.
12.2 Children under the age of 16 must be accompanied by an adult (18+), parent or guardian and must each have a valid Ticket.
12.3 The ratio of children to adults in any party must not exceed 10:1. In the interests of all of our customers, our staff may ask the responsible adult to remove children who are noisy or disruptive.
12.4 You are advised to check age suitability for a performance before ordering Tickets as not all performances are suitable for children.

Infants' & Under 16s' Policy
Everyone under 16 years of age needs a valid ticket to see events in the theatres and must be accompanied by a parent or guardian.
People aged 2 - 15 are eligible for Under 16 ticket price reductions where available; under 2s (babes-in-arms) require a £2 baby ticket. Please check age suitability when booking as not all events are suitable for all age groups.

13. RECORDINGS OF VISITORS TO OUR VENUE
We, or third parties authorised by us, may carry out film and/or sound recording during, before or after a performance and/or in our venue from time to time. By purchasing Tickets from us you consent to you and any persons (including any children) who may accompany you, being included in such recordings and such recordings subsequently being used by us for any reasonable commercial purposes, including without limitation, for marketing and promotional purposes. We will not make any payment to you in respect of your inclusion in such recordings.

14. EVENTS OUTSIDE OUR CONTROL
14.1 Subject to Condition 6.1, we will not be liable to you if we are unable to perform any of our obligations under the Contract by reason of any event or circumstances beyond our reasonable control including without limitation, acts of God (including fire, flood, earthquake, windstorm or other natural disaster); National Pandemic, war or the threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, voluntary or mandatory compliance with any law, governmental order, rule, regulation or direction, fire, explosion or malicious or accidental damage, terrorist attack, civil war, civil commotion or riots, adverse weather conditions, nuclear, chemical or biological contamination or sonic boom, collapse of building structures, failure of computers or equipment; any labour dispute, including strikes, industrial action or lockouts, or interruption or failure of any utility service, including electric power, gas or water. We also reserve the right to cancel performances should we deem the global or local situation to be unsafe for our performers and audiences alike. In this circumstance a full credit note will be issued or all tickets will be transferred to a corresponding performance.

15. ENTIRE AGREEMENT
15.1 These Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior arrangement, understanding or arrangement between us, whether oral or in writing.
15.2 We each acknowledge that, in entering the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Conditions.

16. RIGHT TO VARY THESE TERMS AND CONDITIONS
16.1 We have the right to revise and amend these Conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. We will not be required to give notice of such changes.

17. RIGHTS OF THIRD PARTIES
Neither we nor you intend that any of these Conditions should be enforceable, by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise, by any person who is not a party to the Contract.

18. GOVERNING LAW AND JURISDICTION
These Conditions and the Contract shall be governed by and construed in accordance with the laws of England and Wales.

19. SEVERABILITY
If any of these Conditions (or part thereof) is held by any court or other competent authority to be invalid, void, or unenforceable it shall be deleted, and the remaining conditions shall continue in full force and effect and if necessary be amended so far as may be required to give effect to these conditions.