Terms & Conditions
Thank you for your interest in http://www.festathlon.com (our site). This page, together with the documents referred to on it, sets out the terms and conditions (T&Cs) on which Festathlon Limited (our, us and we) supply any of the packages or tickets (products) listed on our website Festathlon.com and on which you may use our site.
The Frequently Asked Questions section of our site contains various rules and regulations which relate to our event and our site. This section of the website should be considered as an acceptable source of information regarding the terms and conditions of our event - https://www.festathlon.com/faqs.
If you are unable to agree to the terms and conditions listed, thank you for your interest but please do not place any orders on our site. Should you have any queries relating to www.Festathlon.com, our terms and conditions or our site please contact us: firstname.lastname@example.org.
Festathlohn.com is a site operated by Festathlon Limited. We are registered in England and Wales under company number 12860624. Our registered office is: Shrewsbury Business Park, Belmont House, Shrewsbury SY2 6LG.
The headings and subheadings are inserted for convenience only and shall not affect the construction of this Agreement.
These Terms and Conditions are governed by English Law and any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the English courts.
1. Our Rights
1.1 We reserve the right to:
(b) modify or amend, either permanently or temporarily, our site (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third part for any modification to or withdrawal of our site; and/or
(c) monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints relating to the Website and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website)
(d) postpone or amend, either permanently or temporarily, the dates of the event without prior notice to you and you confirm that we shall not be liable to you or any third party for any variation of the event dates. In such instance, your ticket or package will remain valid for the new dates and you will not be eligible for refunds.
1.2 Please note that our site is subject to change from time to time. You will not be eligible for any compensation if you are unable to use our site (or any part of it) because of a site failure, suspension or removal of our site from public use.
1.3 Your order constitutes an offer to buy a product from our site. All orders are subject to acceptance by us; this is confirmed by receipt of an email from Festathlon Limited or our ticketing partner on our behalf. The contract between us will only be formed when we send you this confirmation email. Proof of sending shall be deemed sufficient proof the contract has formed.
2. Site Use & Availability
2.1 You may use our site only for lawful purposes. You will not use our site (or any part of it) for any illegal purpose.
2.2 Certain areas of our site will permit you to enter some content of your own. Where this is the case, the content must not:
(a) contain any material which is obscene, offensive, inflammatory or which promotes discrimination against any individual or company in respect of race, sex, religion, nationality, disability, sexual orientation or age
(b) infringe any copyright or trademarks associated with either Festathlon Limited, our partners or any other business or person
(c) be used to imitate another person or misrepresent your identity or affiliation to any team, club, university, school or other organisation
2.3 You will not:
(a) upload or transmit through our site any computer viruses, macro viruses, trojan horses, worms, robots, logic bombs or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or the site itself. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990 and we will report any such activity to relevant law enforcement authorities; and/or
(b) use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, including with respect to any CAPTCHA displayed on the Website; and/or
(c) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; and/or
(d) alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
2.4 You agree that in the event that you have any right, claim or action against any end user of our site arising out of that end user’s use of our site, then you will pursue such right, claim or action independently of and without recourse to us.
For the purpose of the Data Protection Act 1998 (the Act) the data controller is Festathlon Limited and Summus Sports Group.
3.2 When purchasing a ticket you will be asked to provide us with your name, billing address and delivery address details, email address, telephone number and, on occasion, a password. Your payment details may also be used by WorldPay, Eventbrite or Paypal during the payment process.
3.3 We may also obtain further information about you from competitions entered or other general usage of the site. We use your information for the following:
(a) To handle orders, deliver products, process payments and refunds and provide statements; and/or
(b) To communicate with you about your order. If you contact us, we will keep a record of the correspondence relating to your query, order or other maker; and/or
(c) To contact you by email, post or telephone to ask you for feedback and comments on our services. On occasion this process may be passed to external agencies; and/or
(d) Contact you relating to Summus Sports and Festathlon Limited products, events, promotions, competitions and special offers that may be of interest to you; and/or
(e) To prevent or detect fraud or abuses of our site and enable third parties to carry out related work.
4. Intellectual Property
4.1 You acknowledge that all rights including copyright and database rights, in the website and its contents are owned by or licensed to Festathlon Limited, or otherwise used by Festathlon Limited as permitted by applicable law or the copyright holder.
4.2 You may not copy, reproduce, republish, download, post, broadcast or transmit any text, images, graphic, logo, button, icon or underlying source code for any purpose without written permission from Festathlon Limited or the copyright holder. We are the owner of all trademarks including names, images, logos, registered or unregistered designs, copyrights and any other intellectual property which appear on our site save where sponsor logos are used.
4.3 Festathlon Limited does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holder’s rights.
4.4 Press Passes can be issued to those who are permitted to take photos at the event and agreed by Festathlon Limited. All photographs and images taken at the event are the property of Festathlon Limited and may be used for promotional purposes. Images must be supplied free of any watermarks and within 3 weeks of the event. Images may not be used, published or sold by said photographers without the permission of Festathlon Limited.
5. Our Liability
5.1 Our total liability to you under the Contract will be limited to the amount paid by you for the Products purchased. We have taken every care in the preparation of the content of our site. However, the content displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy.
5.2 We will not be responsible for any errors or omissions or for the results obtained from the use of such content or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
5.3 To the extent permitted by law, we hereby expressly exclude any and all liability (whether arising in contract, tort or otherwise) for any direct, indirect or consequential loss or damage which you or any third party may incur in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it.
5.4 This does not affect any liability we have to you under the Contract. These limitations and exclusions do not affect your statutory rights and only apply to the extent permitted by applicable law. Nothing in these terms and conditions shall limit our liability for death or personal injury caused by our negligence or that of our servants, agents, employees or any liability in the tort of deceit.
6. Admission & Ticketing Conditions
6.1 These terms and conditions (T&Cs) incorporate, and should be read together with, any vendor’s and/or agent’s terms or regulations, which you can obtain from the point of purchase from the official ticket agent. Your possession of a ticket constitutes your acceptance of these T&Cs.
6.2 You will be unable to enter Festathlon after 18:30 on Saturday 11th September 2021 unless:
(a) You have already entered the event site and are in possession of a event wristband; and
(b) You have a valid re-entry pass.
6.3 Festathlon operates a Challenge 25 Policy. If you look under 25, you will be required to prove that you are over 18. Please ensure that you have valid photo ID if you wish to purchase alcohol or other age restricted products.
6.4 Any persons under the age of 18 must be accompanied by an adult over the age of 21; must arrive onsite before 18:30 and must be offsite by 22:00. A maximum of 2 under 18s per adult. We do not accept any parental or supervisory duty of care or liability for any under 18s on site.
6.5 Under 14s (13 years and under) are admitted via a child’s ticket but must be accompanied by a paying ticket-holder over 21 at all times. Wristbands should be worn by all children to write a mobile number on for children 14 and under in case they get lost or separated from their guardian.
6.6 Your ticket will be replaced with a event wristband at the festival entrance. You MUST keep your wristband on at all times. Anyone without a wristband will be removed from the event. If your wristband is removed or tampered with it will be void and access to the site will be refused. Wristbands must be worn at all times for the duration of the event. Lost or misplaced wristbands will not be replaced by us.
6.7 If you have obtained your ticket in breach of these T&Cs and/or if you breach any of these T&Cs then your ticket/wristband shall be void, and all rights conferred on you or evidenced by such ticket/wristband, shall be void. If you seek to gain entry to the event using a void ticket or wristband then we reserve the right to refuse you entry or evict you from the event and you may be liable to legal action for trespass. Void tickets/wristbands are non-refundable.
6.8 All student tickets must be accompanied by a valid student ID card. Failure to present this on arrival will result in an upgrade fee being charged before festival entry is permitted.
6.9 Tickets/Wristbands cannot be used as part of any marketing, media or sales promotion, without the prior written consent of Festathlon Limited.
6.10 Do not buy tickets or goods from unlawful street traders/touts. There is no guarantee of tickets’ validity for entry unless purchased from official ticket agents for event which can be found on our site.
6.11 Tickets purchased from unauthorised sources may be rendered invalid and admission refused. Only wristbands issued by the event in exchange for a valid ticket are valid for entry. The ticket holder is responsible for their tickets until it is exchanged for a wristband and then responsible for their wristband for the duration of the event.
7.1 The management of Festathlon Limited and the security staff on our behalf retain the right of admission.
7.2 Festathlon Limited reserves the right to evict customers without refund, and/or refuse admission where the Terms and Conditions of Entry are breached.
7.3 You may be body/bag searched anywhere on site at any time by security and detection dogs. Searching is a condition of entry.
7.4 Any item(s), reasonably considered to be a weapon/ be used as a weapon, which may cause danger, offence or disruption to any other person, will be confiscated.
7.5 Any person carrying illegal items or carrying out illegal activity may be handed over to the Police, refused entry or evicted from the Event without a refund.
7.6 The following items are prohibited at Festathlon and will be confiscated on arrival.
• Nitrous oxide and associated equipment
• Camping gas canisters or barbecues
• Glass bottles or containers (does not include perfume bottles etc)
• Paint spray cans
• Laser equipment
• Fireworks, flares or any other pyrotechnics
• Smoke canisters
• Chinese lanterns
• Klaxons, air horns, megaphones or other items capable of making loud noise
• Any animals (with the exception of assistance dogs) are not permitted at any time
• Unauthorised professional photography, film or video equipment
8. Price & Payments
8.1 The price of the Products on our site will be as displayed at Festathlon.com except in cases of obvious error. These prices include VAT at the current rate.
8.2 In the case of an obvious error, we are under no obligation to provide the Product to you at the incorrect price, even after the Contract between us has been formed, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
8.3 We reserve the right to amend pricing throughout the sales period. Payments for Festathlon.com are processed through World Pay who accept Visa and Mastercard credit cards, Visa debit cards (Visa Delta, Electron and Debit), Maestro, Switch and Solo.
8.4 By submitting an order to us through our site, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. Ownership of the products will only pass to you once full payment is received including delivery charges.
9. Cancellation & Refund Policy
9.1 General Admission Tickets, Main Stand Tickets, Family Tickers, Childs Tickets or VIP tickets purchased through this site or via our ticketing partner, Eventbrite (tickets), cannot be cancelled or refunded once booking is confirmed and payment made.
9.2 All purchases made from Festathlon Limited are non-refundable after the point of sale for any reason except;
9.3 In the event that the entire event is cancelled, you will be offered tickets at any rescheduled event (subject to availability) up to the face value of the ticket or, if you are unable to attend the rescheduled event or the event is not rescheduled, a full refund.
9.4 In the event of cancellation, refunds will be offered during a dedicated refund window during which the ticket purchaser must provide us with full details in order to obtain a refund. Customers who do not complete and submit the form within this refund window will not be eligible for a refund and their ticket will remain valid for the future rescheduled event.
9.5 In the event that you accept a ticket to a rescheduled event you will not, at a later date, be entitled to claim a refund in respect of the cancelled Festival.
9.6 If the event is cancelled, we shall not be liable for any costs or expenses wasted or incurred by the ticket purchaser including, but not limited to, accommodation or transport costs, or any direct or indirect losses or damage of whatever kind.
9.7 Any purchase from our site confirms acceptance of these terms.
10.1 Artists and billed attractions may be subject to change or withdrawn without prior notice.
10.2 No trading or promotional activities allowed within the venue without the prior consent of Festathlon Limited.
10.3 Goods using unauthorised Festathlon logos and unauthorised professional recording equipment must be surrendered to staff.
10.4 Photographic equipment is permitted, provided that it is for personal, non-commercial use only. In the event of any subsequent commercial use, the bearer agrees to pay us for the cost of a licence issued by us for permission to take photographs/visual/audio recordings for commercial use.
10.5 You give your express consent to your actual/simulated likeness to be included for no fee within any audio or visual recording to be used in any media for any purpose at any time. This includes CCTV and/or filming by the police or security staff which may be carried out for the security of customers and/or the prevention of crime.
10.6 No unauthorised vehicles will be allowed anywhere on site.
10.7 You must comply with any and all instructions given to you by us and/or Event staff, security, stewards and sports officials.
10.8 Fires are not permitted at Bournemouth 7s Festival. The burning of plastics, bedding, tents, furniture etc. is not permitted anywhere on site.
10.9 Smoking is not permitted in enclosed public spaces or buildings including arena big tops.
10.10 Excessive exposure to loud music may cause damage to your hearing.
10.11 Pyrotechnics, lasers, smoke machines, strobe lighting/special effects may take place during some performances.
10.12 The use of drones or similar equipment for any reason is prohibited on or near the Event without written permission from Festathlon Limited.
10.13 No animals, other than guide or hearing dogs, are permitted on site.
10.14 Festathlon Limited does not accept any liability for personal or property damages, losses (including surrendered items) or injuries sustained at this event – other than caused as a result of our negligence. Attendance at this Event is at your own risk.