Bristol Old Vic and Theatre Royal Trust

Booking Terms and Conditions

I. Definitions and interpretation

1.1 “Event” means an entertainment event including, without limitation, a concert, exhibition, sports, theatrical and/or music event to be held at a Venue in respect of which We have the right to sell You Tickets.

“Event owner” means the person who sets the price of a Ticket.  This may be the event owner, organiser, producer, promoter or venue owner.

“Event price” means the price set by the Event owner (including any flexible price which is set by the Event owner depending, for example, on market demand, but not including any price set by a reseller) for the sale of a Ticket at the time it is first sold to a customer:
(a) including VAT and any unavoidable charges set by the Event owner (such as a restoration levy, facility fee or refurbishment fee); but
(b) not including any fees charged by Us (such as booking fees or delivery charges).

“Membership” means a Friend Membership, an Artists’ Circle Membership, an Associates’ Circle Membership or a Directors’ Circle Membership and Member means the holder of such a Membership.

“Party” means friends and/or family.

“Refundable amount” means the amount of the Ticket Price that is refundable in accordance with these Terms and Conditions which shall not be less than the Event Price.
 
“Ticket Price” means;
(a) the total amount of the Event Price and any booking fees which apply per Ticket, but not including any delivery charge which applies per booking; or
(b) where the Ticket is sold at a discount, the total amount of the discounted Event Price and any booking fees which apply per Ticket, but not including any delivery charge which applies per booking (the discounted Ticket Price).

“Tickets” means tickets or other types of evidence (including electronic tickets) for an Event sold by Us to You on behalf of the organisation responsible for the Event for the right to occupy space at or to attend an Event.

“Venue” means any facilities or locations of any nature where the Event is being held.

“We” means Bristol Old Vic and Theatre Royal Trust. “Us” and “Our” shall be read accordingly.

“You” means you or anybody who in Our reasonable opinion is acting with your authority or
permission. "Your" shall be read accordingly.

“Promoter” means the person, firm or company staging the Event if different from Us and the
Venue.

“Group” means group organisers, charities, travel and coach companies or other organisation that We have agreed to sell to knowing that the Tickets are intended for resale.

1.2 References in these Terms to a Ticket shall also where relevant include Memberships (or a renewal, as applicable) and Bristol Old Vic Theatre gift vouchers and/or gift memberships except to the extent that there is any inconsistency with the provisions of clause 17 (in respect of Memberships) and clause 11 (in respect of gift vouchers and/or gift memberships), in which case the provisions of clause 17 or clause 11 shall prevail, as applicable.

2. Incorporation

2.1 These Terms and Conditions incorporate and should be read in accordance with the Venue and/or Promoter terms, conditions and regulations, copies of which are available upon request from the Venue. In the event of any inconsistency between the terms in relation to Venue or Promoter requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail. These Terms and Conditions are an extension of STAR’s Code of Practice which is available from STAR (01904 234737, www.star.org.uk).

3. Tickets

3.1 All Tickets are sold subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to purchase and any queries relating to them should be raised with Us prior to purchase, as purchase of Tickets constitutes acceptance of these Terms and Conditions. A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.

3.2 It is Your responsibility to check Your Tickets as if you have made a mistake it cannot always be rectified after purchase. Please check your Tickets on receipt carefully and contact us immediately if there is a mistake.

3.3 We will not be responsible for any Ticket that is lost, stolen or destroyed. It is not always possible to issue duplicate tickets. For example for non-seated events where there is a possibility of both the original and duplicate tickets being used, this could compromise the licensed capacity of the Venue.

3.4 Duplicates may therefore be issued at the discretion of the Promoter or the Venue acting reasonably. If duplicates are being issued, a reasonable administration charge may be levied. We and the Promoter reserve the right to provide alternative seats at an Event to those specified on the Ticket if the staging of the Event reasonably requires, provided they are of no less value to that stated on the Ticket.

3.5 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required. The “Open Concession” ticket type does not require proof of concession entitlement.

3.6 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, trade marks, logos and/or intellectual property appearing on the Ticket.

4. Price and payment

4.1 The price of the Ticket shall be the price set at the time We accept Your order. All prices set are inclusive of any applicable taxes but exclusive of any booking fee and collection or delivery fee.

4.2 No order will be accepted until We have received full payment.

4.3 Other requirements regarding the need for clear and transparent pricing information to be supplied at the time of sale, including booking fees, are covered in the STAR Code of Practice.

5. Delivery

5.1 You may opt to receive your Tickets as an e-ticket, to collect your Tickets in person from the Theatre or, subject to a delivery charge, to have your Tickets posted to you.

5.2 Tickets will only be delivered to the billing address of the debit/credit card holder unless We specifically offer You the facility for Tickets to be sent to an alternative address.

5.3 If Your Tickets are not being held at the Venue box office, and You have not received Your Tickets from Us 72 hours prior to the Event, please contact Us.

5.4 If Tickets dispatched by Royal Mail ordinary post, special delivery or registered post are returned to Us as “addressee unknown”, We reserve the right to cancel Your booking and make a refund of the Ticket price only.

5.5 We reserve the right to make Tickets available for collection at the Venue box office. You will be notified by telephone, email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary. Where there is not enough time to deliver Tickets, You will be told at the point of purchase the arrangements for collection of Your tickets. Where you are collecting your tickets from Us, in person, there will be no charge made for this service.

5.6 If You are collecting Your Tickets from the Venue box office, You must have Your acknowledgement of order and the credit/debit card used to make the order with You. You will be able to collect Your Tickets one and a half hours prior to the start of the Event.

6. Changes to Event

6.1 The organiser of the Event and/or the Venue reserves the right to make alterations to the published Event programme where reasonably necessary.

7. Refunds

7.1 Tickets cannot be refunded after purchase unless the performance is cancelled or rescheduled (subject to below) or where there is a material change to the programme of Event. Where an Event is cancelled or rescheduled (subject to below) by the Venue or Promoter, where an Event is cancelled or rescheduled due to circumstances beyond Our control, or where there is a material change to the programme of the Event, You will be entitled to claim a refund from Us in accordance with this clause.

7.2 A ‘material’ change is a change which, in Our reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. The use of understudies in a theatre performance shall not be a material change.

7.3 Where an outdoor Event is cancelled or curtailed because of adverse weather, We shall not be liable to make any refund or pay any compensation beyond the refunds that may be payable under the Venue’s or Promoter’s rules.

7.4 Where such a refund is sought You must bring this to Our attention as soon as possible upon becoming aware of such change, cancellation or where the Event has been rescheduled, prior to the rescheduled Event. The refund for Tickets equals at least the face value price paid or, if the face value has been reduced by the organiser, the discounted face value price paid in accordance with the STAR Code of Practice. In order to claim Your refund, please apply in writing to Your point of purchase, enclosing Your complete unused Tickets, if received, promptly (e.g. within 3 months from the date of the Event). Refunds shall only be made to the person who purchased the Tickets and, when possible, be made using the same method as was used to purchase the Tickets except, at Our discretion, where payment was made by cash.

7.5 These Terms and Conditions do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice (www.citizensadvice.org.uk) or the Department for Business Innovation and Skills

8. Liability

8.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be limited to the refund as set forth in Section 7. Neither We nor the Venue nor the Promoter will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Our negligence or that of the Venue or the Promoter or other breach of statutory duty.

9. Cancelled/re-scheduled Events

9.1 It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, We will use Our reasonable endeavours to notify You using the details You provided Us with at the time of ordering. We do not guarantee that You will be informed of such cancellation before the date of the Event.

9.2 It is Your responsibility to inform Us of any change to the contact address, telephone number or email address You provide Us with at the time of ordering.

10. Use of details and Data Protection

10.1 We are committed to protecting you and your family’s personal information when you are using any of our services. We want the services we provide to be safe and enjoyable environments for our audiences, customers and visitors. Our full privacy notice can be read here: https://bristololdvic.org.uk/s...

11. Transfers, Returns and Resale of Tickets

11.1 If you wish to transfer your Tickets into someone else’s name, please contact Our customer service team by phone (0117 987 7877) or email (tickets@bristololdvic.org.uk) at least 24 hours before the start of the performance and we will do our best to accommodate the change. 

11.2 Except for clause 11.1, Tickets You purchase are for Your and Your Party’s personal use only.  You and Your Party must not resell or transfer (or seek to resell or transfer) a Ticket.  If You can no longer attend an Event, please contact Our customer service team by phone (0117 987 7877) or email (tickets@bristololdvic.org.uk) no later than 48 hours before an Event and We will cancel Your Ticket and offer you the following options:

(i) Exchange for another Ticket of the same price for the Event on another date subject to availability. If another Ticket of the same price is not available on the alternative date that You have chosen, You may, subject to availability, exchange Your Ticket for (i) a Ticket of a greater price subject to Your paying the difference between the original price paid and the price of the new Ticket, or (ii) a Ticket of a lesser price, in which case We will refund You the difference.  Requests for exchanges received less than 48 hours before an Event will be at Our sole discretion.

(ii) Credit on Your Bristol Old Vic customer account for the Refundable Amount. Your credit expires after 2 years from application to Your account and You can use Your credit note to purchase another Ticket to the same Event on a different day or a different Event at Our Venue. Requests for credit received less than 48 hours before an Event will be at Our sole discretion.

11.3 If Tickets are not returned in time to exchange them or receive credit under clause 11.2, we may at Our discretion offer to resell them on Your behalf (but shall in no circumstances be obliged to do so). If we successfully resell your Ticket, we will refund to you the face value of the Tickets purchased (excluding any delivery charges). Please note, we will sell all of our own Tickets before we offer any returned Ticket for resale and we cannot guarantee the successful resale of any returned Ticket. Returned tickets may be withdrawn from resale at any time at your request and/or at our discretion.

12. Void Tickets

12.1 Any Ticket obtained in breach of these Terms and Conditions shall be void and all rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action.

12.2 Void Tickets are non-refundable.

13. Restrictions on the purchase of tickets

13.1 Tickets may be restricted to a maximum number. Any such restriction shall be notified to You at the time You book the Tickets. We reserve the right to cancel Tickets purchased in excess of this number and without the Agent’s agreement, without prior notice unless the purchase of an excess was due to Our error.

14. Conditions of Admission

14.1 The management of the Venue reserves the right to refuse Ticket holders admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.

14.2 The management of the Venue also reserves the right to request that Ticket holders leave the Venue at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, the Venue may remove a Ticket holder who:

(i) has behaved in the Venue in a manner which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or

(ii) uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or

(iii) in the reasonable opinion of the Venue is acting under the influence of alcohol or drugs; or

(iv) fails, when required, to produce proof of identity or age.

14.3 You must comply with instructions and directions given by Venue staff and stewards.

14.4 No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour as suggested in, but not limited to, the examples above. 

14.5 Please read our Respect Charter in advance of your visit.

15. Restrictions and prohibitions

15.1 The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of an Event in breach of these conditions shall belong to the Promoter. The Promoter and Venue will not be liable for any loss, theft or damage to confiscated items.

15.2 By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. The Promoter may use such films and recordings (including any copies) without payment.

15.3 Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.

15.4 Mobile telephones and messaging equipment must be switched off during the Event.

15.5 Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted unless within a designated smoking area (if any).

15.6 The following are not permitted within any Venue:

(i) animals (with the exception of guide dogs);

(ii) laser pens;

(iii) Your own food and drink (unless permitted by the Venue);

(iv) bottles, cans or glass containers (unless permitted by the Venue);

(v) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives); and

(vi) illegal substances.

15.7 The management of the Venue reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the management of the Venue, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above.

15.8 Every effort shall be made to admit latecomers to Events at a suitable break in the Event, which may be the interval, but late admission cannot be guaranteed.

15.9 Ticket holders may only leave and re-enter the Venue during an Event at the discretion of the management of the Venue. Otherwise, there will be no re-admission or pass-outs of any kind.

15.10 The obstruction of gangways, access-ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to stands or seats for which You do not hold a Ticket is strictly forbidden.

15.11 In line with our child protection policy, children under the age of 14 must be accompanied by a paying adult over the age of 18.

16. Health and Safety

16.1 Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event.

16.2 If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, audio-visual, pyrotechnic or lighting effects.

17. Memberships

In this clause 17, Membership Benefits means such benefits as are from time to time available to the holder of a Membership, as notified on Our website, https://bristololdvic.org.uk/s... 

Membership Benefits

17.1 All Membership Benefits are subject to availability and to these Terms. We reserve the right to amend or withdraw any Benefits. Benefits offered by external companies are beyond Our control and may be subject to change without notification.

17.2 For the avoidance of doubt, Membership does not guarantee access to Tickets in the event that available Tickets are sold out and Members may be restricted to a maximum number of Tickets. Any purchase of Tickets by Members and/or use of Membership Benefits is subject to these Terms in full and We reserve the right to cancel any Membership without any refund (and demand the return of any Membership card we have issued to You) where any Ticket(s) or Membership Benefit(s) have been obtained, transferred or resold in breach of these Terms.

17.3 Membership Benefits cannot be applied retrospectively. (For the avoidance of doubt, any exemption from administration fees on Ticket exchanges or resales is offered subject to the date on which the exchange or resale is requested being within a valid Membership period.)

Validity

17.4 Memberships are valid for 12 months from the date of purchase (in the case of a gift Membership, the date of activation) or renewal, subject to any longer period under the terms of any applicable promotional offer. Promotional offers are subject to availability and may be changed at any time.

17.5 Membership is for personal use only, is non-transferable and (subject to clause 9.7) non-refundable. A Membership cannot be resold or exchanged for cash.

Cancellation

17.6 You may cancel your Membership at any time, but except as expressly provided in clause 17.7, We will not refund any fees that You have already paid. Notice of cancellation will only take effect at the end of Your then current Membership period.

17.7 You have the right to cancel a Membership within 14 days of purchase for a full refund, provided that We reserve the right to cancel any Ticket(s) You have booked with the benefit of any priority booking under that Membership (in which case We shall refund to You the face value of the Tickets purchased, excluding any delivery charges) and/or charge You for any Benefits which You have received (including any promotions, discounts or administration fee savings). For the avoidance of doubt, We do not offer any partial or pro-rata refunds of Memberships and have no liability for any unused Membership. If You wish to cancel a Membership and are eligible to do so, please contact Us at tickets@bristololdvic.org.uk or call Us on 0117 987 7877. Your cancelled Membership card should be returned to Us at Membership, Bristol Old Vic, King Street, Bristol, BS1 4ED.

Renewal

17.8 We will send You an email letting You know when Your Membership is close to ending (unless You have already told us that You wish to cancel at the end of the Membership Period). Unless You have chosen automatic renewal, You will then need to arrange payment or Your Membership will end on the appropriate date.

17.9 If You choose automatic renewal by continuous card authority, You agree that at the end of the initial Membership period (and of each renewal period thereafter), Membership will automatically renew for 12 months without further notice at the then prevailing rate. Your card will be charged at the point of renewal. If the price of Membership has increased, or if You are in Your first year of Membership, We will give you at least 10 days’ notice. You understand that, once granted, continuous card authority shall remain in force until You instruct a cancellation in writing by sending an email to tickets@bristololdvic.org.uk. We reserve the right to terminate Your Membership without notice if payment cannot be taken at the renewal date.

If You wish to change the card over which authority has been given, You may contact Us on tickets@bristololdvic.org.uk or by telephone on 0117 987 7877. You must give Us at least 2 weeks to process these changes and We reserve the right to charge a reasonable administration fee for processing changes. If Your card expires before the renewal date, it is Your responsibility to inform Us of any changes as soon as possible.

General

17.10 Any Membership card We have issued to You remains at all times Our property. You must inform Us if Your card is lost or stolen.

17.11 If You have any complaints about how We have dealt with the provision of your Membership or have any queries, please contact Us at tickets@bristololdvic.org.uk or by telephone on 0117 987 7877.

18. Gift Vouchers and Gift Memberships

18.1 Bristol Old Vic gift vouchers may be used as part or full payment for Ticket, Membership and other purchases through the Bristol Old Vic box office and can be redeemed online, by phone or in person. The redemption of a Bristol Old Vic gift voucher is strictly subject to availability and We cannot guarantee the availability of any Tickets.

18.2 Bristol Old Vic gift vouchers cannot be used as part or full payment for purchases made at the bars, concession stands or shop at Bristol Old Vic. They can also not be used as part or full payment for products sold/advertised on Bristol Old Vic’s website where payment is taken by a party other than Bristol Old Vic’s box office system.

18.2 Subject to these Terms, a voucher is valid for 12 months from the date of issue or purchase (as applicable) and, subject to clause 18.3, is non-refundable, non-transferable and cannot be resold or exchanged for cash. For the avoidance of doubt, no refund (either full or partial) shall be paid if a voucher is not redeemed in full.

18.3 You have the right to cancel the purchase of a voucher within 14 days of purchase. If You do cancel a voucher within such period, You will receive a full refund, provided that We shall be entitled to deduct from such refund the amount of the voucher used or redeemed prior to the cancellation date. For the avoidance of doubt, if the entire voucher has been used or redeemed You will not receive a refund. If You wish to cancel a voucher and are eligible to do so, please contact Us at tickets@bristololdvic.org.uk or call us on 0117 987 7877.

18.4 A lost voucher cannot be replaced and We shall have no liability for any lost, unused or unredeemed voucher. Any Tickets or Memberships supplied following redemption of a voucher which are unused will not be replaced or refunded or be otherwise transferable except in accordance with these Terms.

19. Dispute Resolution

19.1 If any dispute arises out of these Terms and Conditions, We will attempt to settle it. To this end We shall use Our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties.

19.2 Although this does not restrict your rights to pursue court proceedings, if We are unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation. To initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out, the procedures to be adopted, the process of selection of the mediator and the costs involved, and which Terms are deemed incorporated into this agreement.

STAR can be contacted at:

Society of Ticket Agents and Retailers
Blake House
18 Blake Street
YORK
YO1 8QG

Telephone: 01904 234737

email: info@star.org.uk

20. Waiver

20.1 If We delay or fail to enforce any of these Terms and Conditions it shall not mean that We have waived Our right to do so.

21. Assignment

21.1 We shall be entitled to assign any of Our rights and obligations under these Terms and Conditions provided that Your rights are not adversely affected.

22. Severability

22.1 If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.

23. Third Parties

23.1 Any person, other than the Venue or Promoter, 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. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case only We, the Venue, the Promoter and You (or your assignees permitted hereby) have rights and obligations under this contract.

24. Force Majeure

24.1 For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond Our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. We will not 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. This Clause does not affect the terms of Clause 7.

25. Amendments and variations

25.1 We intend to rely on the written Terms set out here in this document as well as the written Terms and Conditions of the Venue and the Promoter. You should read the Terms and Conditions carefully before entering into the contract to ensure that they contain everything that You consider has been agreed. If they do not then You should speak to any member of staff. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless both You and We agree and it is preferable that this is in writing.

26. No Partnership or Agency

26.1 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 relationship between You and Us beyond the relationship created under these Terms and Conditions.

27. Entire agreement

27.1 These Terms and Conditions, and the Terms and Conditions of the Venue and the Promoter and any specially agreed Terms constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties.

27.2 Each of the parties agrees that it has not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not) other than as expressly set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.

28. Governing Law and Jurisdiction

28.1 These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.