Festicket.com Booking Terms
www.festicket.com is an innovative website that offers festival tickets as well as other travel components such as accommodation, transport and other add-ons to create your festival trip. www.festicket.com is operated by Festicket Ltd, company number 07923345, with its registered office address at Centro Forum, 74 - 80 Camden St, London NW1 0EG, United Kingdom ("Festicket", "we" or "us"). If your billing address is in the USA or Canada, your booking is taken by Yeslab Inc. C/O KVB Partner, 60 Broad Street, Suite 3502 New York, NY, 10004 USA, acting as sub-agent for the supplier.
Festicket does not itself own or supply any of the travel services, facilities or arrangements sold on our website. All sales are sold by us as agent for the individual service providers and your contract(s) is/are with the individual service provider(s). You may have one more than one contract for your booking and the individual service providers’ terms and conditions will apply to each contract. We advise you to read all contract terms carefully as they contain important information about your booking. Please ask us for copies if you do not have them. The booking arrangements that we make with suppliers on your behalf are subject to these Booking Terms and by making a booking with us you agree to be bound by these terms.
Sales on our site may comprise ticket-only sales, other single element sales, festival packages or linked travel arrangements. In accordance with the Package Travel and Linked Travel Arrangements Regulations 2018 (the “Regulations”), we have different obligations and you have different rights depending on the type of sale and these are set out below.
Ticket-only, hotel-only and other single element sales: If you buy a festival ticket on our website as a single element without any additional services, or you buy a festival ticket with camping, or you select just a hotel or other accommodation with not additional service, we act solely as an agent in making arrangements on your behalf and your contract is with the festival organiser, hotelier or other supplier, as applicable. Section A of these Booking Terms applies to your booking. Also note that if you return to our website at a later date and purchase an additional service, this is also a single element sale that we sell to you as agent and your contract is with the supplier. Single element purchases that we sell as agent do not have financial protection.
Festival packages: If you select (or we pre-select) a combination of at least two different types of travel services, for example, a festival ticket and a hotel stay (or other overnight accommodation), or a festival ticket and transport to your festival (e.g. coach or rail), or hotel and transport, for the purpose of the same festival trip for which you make payment together as part of one transaction, this comprises a Festival Package. Festival Packages are sold by us as agent and your contracts for your Festival Package are with the individual service providers. However, we are responsible for your Festival Package as “Organiser” under the Regulations and your payments will be protected by our ABTA bond in the event of our/our suppliers’ insolvency – see Section B below. Section B Festival Package terms apply to your booking in addition to Section A terms.
Linked Travel Arrangements: If during a single visit to our website you choose to select and pay separately for at least two different travel services for the purpose of the same trip, this will comprise a “linked travel arrangement” under the Regulations and we will financially protect your purchases in the event of our insolvency. This is a more limited financial protection than for Festival Packages as it covers only our insolvency and not that of our suppliers. Linked travel arrangements are sold by us as agent of each supplier and Section C Linked Travel Arrangements terms (which gives details of our financial protection for linked travel) apply in addition to the Section A terms. Note that an additional single element purchased during a later visit to our website will not, when added to the original single element purchase, make a Linked Travel Arrangement, but will comprise a single element sale as explained in clause 1.4 above.
In these Booking Terms:
Section A applies to all sales;
Section B applies only to Festival Package sales; and
Section C applies only to Linked Travel Arrangements.
Our Booking Terms form part of our contract with you and are legally binding so please read them carefully.
References to “you” and “your” in these Booking Terms include the first-named person on the booking (see section 2.5 below) and all persons on whose behalf a booking is made or any other person to whom a booking is transferred.
How to book
All festival tickets are subject to availability. Festival organisers supply us with a limited number of tickets for sale within a limited sales period and so we only have a limited number of tickets available at the prices indicated.
To make a booking for your festival ticket, simply follow the instructions on our website to select the number of travellers and festival ticket category for the festival. Hotel, camping, transport and other options will also be shown, as applicable: simply select the hotel that you choose from the list of hotel options, category of room and your check-in and check-out dates, your transfer/transport choice and any other services that you want. The tickets and services are priced individually and will be shown as you make your selection; the total price for the individual services that you have selected will be shown when you have finished making your selections and are ready to check-out. You must select the “Pay Now” button to proceed to the payment and check-out page. All tickets and other services are payable in full on booking. Payment must be made in accordance with clause 4 below and as indicated on the website. As indicated in section 1 above, only our Festival Packages have full financial protection (see Section B Festival Package Terms for full details). If you choose to select and pay for different elements of your trip during a single visit to our website, this will comprise a Linked Travel Arrangement which has more limited financial protection (see Section C.)
A contract is only formed once we have issued you with an email booking confirmation setting out the full details of your tickets and any other services booked. We will only issue your booking confirmation once full payment has been received. Please check your booking confirmation carefully and contact us immediately at https://support.festicket.com/ if anything on the booking confirmation appears to be incorrect or incomplete.
Your contract will be with the individual service provider and the terms and conditions of that individual service provider will apply to the service being provided. Accordingly, where you purchase more than one service, there will be more than one contract. We advise you to read carefully the terms of the provider(s) of your booking as they contain important information. Please ask us or copies if you do not have them.
The person who makes the booking will be deemed to be the lead name for the booking and will be listed as the contracting party on the booking confirmation. The lead name will be responsible for ensuring that all payments are made (although payments can be accepted from other names on the booking) as well as advising us of any amendments or cancellations. We are only authorised to accept amendments and cancellations notified to us by the lead name in writing including by email. Any cancellation or amendment of a ticket or other service may involve an amendment or cancellation charge (see clause 7 below. By making the booking the lead name confirms that he/she:
has read these Booking Terms and is authorised to, and agrees to, enter into a contract with the respective service providers in accordance with their terms and conditions on behalf of all parties named in the booking;
consents to our use of information in accordance with these Booking Terms and our Privacy & Cookies Policy;
is over 18 years of age, and where placing an order for tickets or other services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those tickets or services.
Price of your ticket and other services
The price of your ticket, the ticket booking fee and the price of other services that are offered such as hotel, other accommodation including camping, and other travel services are set by the service providers and are displayed on the website. Full details of what is included in the price of your ticket and other services that we offer are shown on our website. Anything not specifically described on our website as being included in the price is extra, and you will need to pay the festival organiser, promoter or hotel or transport operator directly for any services not included in the price of your ticket or other service.
The price of festival tickets, the booking fee and any other services advertised on our website may be changed at any time before you book. The price of the festival ticket including the booking fee and each additional service that you wish to purchase will be confirmed before you proceed with the booking, together with any applicable taxes, such as local city or tourist taxes, and fees.
In addition to the price of your accommodation, depending on the hotel or other accommodation provider's policy, you may be required to pay a refundable deposit on arrival at your accommodation to insure against any damages which occur during your occupancy of the property, which may be requested at the time of booking, or subsequently on your arrival. This deposit should be repaid to you in full by the hotel at the end of your stay providing you have left the property in a reasonable condition according to the terms of the accommodation provider.
Payment and fees
In order to make a booking, you must pay the total price of your festival ticket and any other services that you have selected in full at the time of booking, together with the booking fee set by the service provider. No booking confirmation will be issued until the full amount has been received.
We accept most credit and debit cards as well as other forms of payment including PayPal. Please check our website for details.
We take all reasonable care to ensure that our website is secure and to ensure that it is not possible for any third party to access your payment or other personal information. However we cannot be held liable in the event that any third party obtains personal data or information in an unauthorised manner, unless due to our own negligence.
By entering your payment details, you confirm that the payment details belong to you. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, we will not be able to process your booking.
If you select our Payment Plan option the Payment Plan Terms will also apply to your payment and booking.
In addition to any booking fee set by the service provider, we charge a small fee for the majority of bookings made, including those using the Payment Plan method of payment. All such fees are used to cover the cost of setting up and managing the Payment Plan, as well as the marketing, promotion, distribution and other costs involved in offering packages to some of the world’s biggest and most exciting festivals. All booking fees are disclosed before completing payment to ensure you are aware of the total cost before committing to a booking.
Entry into the festival is only permitted on production of a valid ticket or pass. We will supply tickets to you in advance of the festival date but we cannot supply your ticket until we receive them from the festival organiser. We may deliver tickets by a different means from the one specified in order to ensure that you receive your ticket in advance e.g. email instead of post. Accordingly, if we issue you with an e-ticket, you must bring that e-ticket and present it at the check-in point in order to gain entry into the festival. You must use the e-ticket issued in your name and no other e-ticket. You must not allow others to use your e-ticket. If someone else has used your e-ticket you will not be allowed entry. If we issue you with a voucher, you must present the voucher together with the payment card you used for payment and a valid form of ID to the festival check-in point in order to obtain your festival ticket or pass. The festival organiser may refuse you entry if you fail to produce all of the aforementioned documents. See the organiser’s terms and conditions. Festicket shall have no liability for any refusal of admission on the basis of failure to produce valid documentation.
Customers must comply with last entry times, codes of conduct and all other requirements of the festival organiser and the festival organiser has the absolute right to determine entry. Festicket shall not be liable for any non-admission by the organiser.
Artists and attractions included in the festival programme may be subject to change. We will advise you of any changes as soon as advised by the festival organiser or promoter. The terms and conditions of the festival organiser apply to any changes and changes are generally not refundable.
Festival tickets are generally non-refundable and non-transferable unless the festival is cancelled or re-scheduled by the organiser/promoter in accordance with the festival terms and conditions.
Accommodation, transport and other services
You must ensure that you and your party bring the appropriate ticket issued to you for any additional services that you purchase from us, together with a form of valid ID. We will issue documents for your purchase once we have received them from all of the suppliers. We may deliver documents by a different means from the one specified in order to ensure that you receive your documents before the start of your trip e.g. email instead of post. It is your responsibility to ensure that you check all names, travel times and other details on the booking confirmation and advise us immediately if there are any errors or omissions. Neither we nor the supplier has any liability to you if a supplier refuses to let you travel or participate because you do not carry the required documentation.
The terms and conditions of your hotel accommodation provider or your transport provider may limit or exclude the supplier's liability to you, usually in accordance with applicable international conventions that permit them to do so. Copies of these terms and conditions, as well as the international conventions referenced in them, can be obtained from us. See also Section B Clause 22 relating to Festival Packages.
In case we are unable to provide exact locations and times for your transfers at the time your booking is confirmed, we will provide you with approximate times and will provide more exact times to you as soon as available. It is your responsibility to ensure that you arrive in good time for the scheduled departure times of all transfers and neither we nor the supplier are responsible for any refusal by the transport operator to let you travel due to you or your party's late arrival. If the transport provider has to alter a departure point or arrival point or the date and time is changed, we will notify all customers as soon as advised by the transport provider.
Festicket does not currently organise air travel to festivals. If you arrange a flight and you miss your flight or your flight is delayed or cancelled and you miss your transfer that we have arranged for you, the festival, or any other service such as accommodation that we have booked for you, neither we nor the supplier are responsible or liable for this. If an additional transfer is required to get you to your destination, this will be treated as a new and separate booking payable by you. We recommend that you take out insurance to cover any risk you may face in relation to any delays or cancellations to your air travel.
You will be advised of all luggage restrictions for any transport you have booked on your email booking confirmation. You must not carry on board any items that are prohibited according to the transport provider's conditions of carriage and must otherwise comply with any other conditions of carriage (including conduct). Conditions of carriage are available from Festicket on request. If you are found to have any prohibited items in your possession or within your luggage or if you otherwise breach the conditions of carriage, you may be refused travel or you may be required to remove the items from your luggage immediately. Neither we nor the transport provider shall have any liability to you in this event. If you require confirmation as to whether a particular item may be carried then you should obtain our written confirmation before purchasing your ticket.
If your baggage is lost, damaged or delayed, your rights are as set out in the transport operator's conditions of carriage and any applicable international conventions.
Cancellations and amendments by you
Please note that most festival tickets are non-refundable and the booking fee is always non-refundable. If you wish to cancel the festival ticket or any other service that you have booked after your email booking confirmation has been issued, you must notify us in writing and cancellation shall not take effect until the notice is received by us. You will be required to pay to us any applicable cancellation fees that are charged by the festival organiser, accommodation provider or transport operator as set out in their respective terms and conditions. Where tickets are non-refundable, this will mean the supplier will retain your full booking payment, including the booking fee, as a cancellation charge. If you do not arrive at your booked venue or accommodation by the time/date printed on your booking confirmation, this is usually deemed to be a cancellation by you and no refund will be payable to you.
In some exceptional cases, the festival organiser might allow us to process a name change for a festival ticket. An administration fee will be charged for a name change (currently generally £20, but may be more depending on the supplier) for processing the name change. To arrange this, you will need to contact us as soon as possible.
If, after the booking confirmation has been issued, you wish to change your accommodation booking, we will make an effort to help you do this subject to availability and subject to any cancellation or amendment charges of the hotel (details of which will be provided to you on request at any time including prior to booking). However, in order to secure preferable rates, please note that most of our hotel bookings operate on a non-refundable basis. An administration fee will also be charged for any changes (generally £20 or more depending on the supplier).
If you have taken out travel insurance and the reason you are cancelling is covered by that insurance, you should be able to obtain reimbursement of any cancellation charges from your insurance company (after payment of any deductible). However, you must pay us the charges first and obtain written confirmation of your cancellation from us before making any insurance claim. See Clause 9, Insurance.
If you have purchased Booking Protect, check the terms and conditions of Booking Protect to see if you are able to claim a refund. See Clause 9, Refund protection.
Booking fees are not refundable in the event of cancellation of the festival or other services that you have purchased.
If you have a problem while you are at the festival, hotel or during another part of your trip, you must report this to the festival organiser, hotel or other relevant supplier without undue delay who will endeavour to put things right. If it is not resolved locally, please follow this up after your return home, ideally within 28 days, by contacting us at https://support.festicket.com/ giving your booking reference and all other relevant information and we will attempt to remedy your complaint with the supplier on your behalf. If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint and this may affect your rights under your contract. If the matter cannot be resolved and it involves us or another ABTA Member then you have the option to use ABTA’s Alternative Dispute Resolution (ADR) scheme – see clause 16 for further details.
Insurance and refund protection
We strongly advise that you take out a policy of insurance to cover you and your party against, as a minimum, the cost of cancellation by you, and if you are travelling outside the U.K. for your festival, the cost of medical assistance and repatriation in the event of accident or illness, loss of baggage and money, and other expenses.
In addition, you can protect your festival tickets with booking refund protection, “Booking Protect”, which you can choose to purchase at the time of booking. Booking Protect provides you with a refund of your booking payment in case you are unable to attend the event in a range of circumstances outside of your control including (but not limited to) death, injury or illness, burglary or fire at your residence 48 hours prior to the event, adverse weather conditions and jury service. Full terms and conditions of the Booking Protect refund protection scheme are provided on our website. Booking Protect is a product provided by Booking Protect Limited, a company registered in England and Wales under company no. 08968744. Booking Protect is an appointed representative of JSV Events Limited which is authorised and regulated by the Financial Conduct Authority. Refund applications will be processed by Booking Protect in accordance with their terms and conditions.
Health and safety
You must comply at all times with all health and safety requirements of the festival organiser, hotel or other accommodation provider and transport provider. If you breach any of these requirements or your behaviour or conduct, in the reasonable opinion of the supplier, causes or is likely to cause danger to, upset or distress anyone else or damage to property, you may be refused travel or entry. Neither we nor the supplier shall have any liability to you in these circumstances and no refunds shall be given.
Passport, visas, health and security
If the festival is located outside the U.K, you will need a valid passport to travel. Most countries require a minimum validity of at least 6 months after your return date for passports. A visa may also be necessary. Please contact us for any general information about passports and visas that you may need, however, it is your responsibility to ensure that you have the required passport and visa for your destination country. Neither we nor any supplier shall have any responsibility or liability to you if you are refused travel or entry in the destination country because you have not complied with any passport, visa or immigration requirements.
Health requirements for travelling abroad change and you should check the up-to-date position in good time before departure by checking the travel advice section of the Department of Health's website or by checking the recommended practice with your GP, practice nurse or travel health clinic. We can provide you with general information about health formalities, but you should check with your own doctor for your specific circumstances. If you are visiting a European Union (EU) country, you should obtain a European Health Insurance Card (EHIC) and take it with you when you travel. The EHIC can be obtained free of charge by completing an application form available from the main Post Offices and from www.dh.gov.uk/travellers. Please note, the EHIC is in addition to Travel Insurance, not instead of it.
The Foreign and Commonwealth Travel Advice Unit issues and frequently updates advice for those travelling outside the UK. You are advised to check this information before you go by accessing the latest Travel Advice on www.gov.uk/foreign-travel-advice.
Special requests and medical problems
If you have any special requests, you must advise us at the time of booking. We will pass on any reasonable requests on to the supplier, but we cannot guarantee any request will be met.
If you or any member of your party has any medical problem or disability that may require assistance, please tell us before you book, or if diagnosed after you confirm your booking, as soon as possible after you become aware. If the supplier in question reasonably feels unable to properly accommodate the particular needs of the person concerned due to health and safety concerns, the supplier reserves the right to decline your booking or, if full details are not given at the time of booking, cancel when the supplier becomes aware of these details. Extra charges may apply to special arrangements put in place on your request. These will be advised to you at the time of booking.
When you make a purchase on our website, we will collect your personal data such as name, address, date of birth, passport number and email address to make arrangements for your booking and otherwise as necessary to fulfil the contract for your booking. When required by the travel providers (such as the festival organiser, promoter, hotels, transport company) in order to confirm your booking and to fulfil their part of your festival contract, your personal data may be shared with them. Your personal data may be shared with external companies such as payment providers; ticketing providers; customer services providers and administration services providers as necessary to arrange your travel services. The personal data that we collect and share for the purpose of arranging your travel services may also include health or mobility information. We will ask for your explicit consent to process and share that information for the purpose of arranging your travel services at the time you provide that information to us.
Before sharing any of your personal data with our suppliers and external providers, we will ensure that your data will be kept secure in accordance with the Data Protection Laws.
We or the supplier may also need to provide your personal information to security or credit checking companies, credit and debit card companies, regulatory or public authorities such as customs or immigration if required by them, or as required by law.
If you travel to the United States, the US Customs and Border Protection will receive this information for the purposes of preventing and combatting terrorism and other transnational serious crimes.
We may have to send your personal information to countries outside the European Economic Area (EEA) where controls on data protection may not be as strong as the legal requirements in this country. Whenever we transfer your personal data outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented: Please see further details of our Privacy & Cookies policy here.
Changes to your booking or cancellation by supplier
Your rights in relation to any change to your booking or cancellation by the supplier are set out in the supplier’s booking conditions. Artists and attractions included in the festival programme are subject to change. We will advise you of any changes as soon as advised by the festival organiser or promoter. Changes may not be refundable – see the festival’s terms and conditions.
As agent it is our responsibility to notify you as soon as possible of any changes of which the supplier makes us aware so that you may exercise the rights available to you under the supplier’s booking conditions. Where any refund or other payment is due to you from the supplier, our responsibility is to pass this on to you as soon as possible after receiving it from the supplier. We shall have no further responsibility or liability to you in relation to any change to or cancellation of the booking.
Our responsibility to you
As agent we promise to provide our agency services to arrange your festival ticket and other services that you purchase with reasonable care and skill. We have no other liability in relation to the festival and the other services that you purchase on our website. Your contracts with the festival organiser and each of the other suppliers will set out their liability in relation to the services that they are providing to you.
We are a member of ABTA, membership number Y6095. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of any dispute in relation to the services that we arrange for you as agent, which is approved by the Chartered Trading Standards Institute. If your complaint can’t be resolved, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint; it will not determine how your complaint should be resolved.
Governing law and jurisdiction
Our Terms of Business are governed by and shall be construed in accordance with English law. The courts of England and Wales shall have jurisdiction to decide any dispute or claim that arises out of or in connection with these Booking Terms. If you are a resident of Scotland or Northern Ireland, you may choose the law and jurisdiction of Scotland or Northern Ireland instead.
We provide full financial protection for our Festival Packages by way of a bond held by ABTA – The Travel Association, 30 Park Street, London, SE1 9EQ www.abta.co.uk.
You have rights under the Regulations to transfer your Festival Package to another person provided that you give us 7 days’ notice. However, due to the strict rules of the festival organisers, who rarely allow ticket amendments, we may not be able to provide a transfer of your festival ticket (and which case your instruction to transfer would be treated as a cancellation and booking of a new ticket, so that the festival organiser’s cancellation charges would apply). However, if you purchased a hotel and transport package, we will arrange transfers wherever possible, provided always that all transfers are subject to any additional fees, charges or other costs that may be chargeable by the suppliers. We reserve the right to charge an administration fee for organising a transfer of contract.
Cancellation by you
In addition to your rights under Section A, you have the right to cancel your Festival Package without paying cancellation charges if the performance of your Festival Package, or the carriage of passengers to your destination, is significantly affected by Unavoidable and Extraordinary Circumstances (as defined in clause 22.3 below). On receipt of your cancellation notice we are obliged to provide you with a full refund.
Changes to your booking or cancellation by us
Changes to your booking by us:
It is a term of your booking that we are able to make changes to any aspect of your booking on behalf of the suppliers of the travel services. We will try to keep changes to your booking to a minimum and we will advise you of any changes to your booking at the earliest possible date. No changes to the price of your Festival Package after you have booked.
If, before you have received your booking confirmation, a change is made to the Festival Package that you have requested, we will notify you and you have the right to accept the amended Package, or to reject the amended Package and take a full refund. There shall be no further liability to you other than to refund the Package, as no contract shall have been formed between you and the supplier.
If, after you have received your booking confirmation (at which point your contract with the supplier has been formed) the supplier is constrained by circumstances beyond its control to significantly alter any of the main characteristics of the travel services that make up your Festival Package, you will have the rights set out below:
We will contact you and you will have the choice of accepting the change or having a refund of all monies paid. You can also accept an alternative Festival Package where this can be offered (any price difference will be refunded if the alternative is a of a lower value). We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly, as if you do not respond to us within the timescale given, your booking may be cancelled;
If you choose to accept a refund, compensation will be paid as detailed in clause 21.7 below except where the significant change is due to unavoidable and extraordinary circumstances, which means a situation beyond our or a travel service provider’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
We do not regard an upgrade to a higher rated hotel, a change of festival line-up or similar minor change as a significant alteration. Significant alterations may include a change in accommodation to that of a lower category, or, a significant change in your transport arrangements which impacts your festival experience.
We reserve the right to cancel your booking on behalf of the travel service providers before the start of your Festival Package in the case of Unavoidable and Extraordinary Circumstances, or failure by you to pay the final balance. Unavoidable and Extraordinary Circumstances means a situation beyond our or a service provider’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
If your trip is cancelled by the service provider you can either have a refund of all monies paid or accept an alternative trip of comparable standard from us if we offer one (we will refund any price difference if the alternative is of a lower value)
In the event a refund is paid to you, we will pay compensation as detailed in clause 21.7 below except where the cancellation is due to Unavoidable and Extraordinary Circumstances (as defined above).
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Please note: where accommodation with a higher price than the original accommodation is offered by us on behalf of the supplier and accepted by you, the difference in price will be deducted from any compensation payable. In no circumstances will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.
Cancellation of your booking by us:
Time before your Festival Package begins when we tell you about a significant change or we cancel Compensation per person More than 56 days Nil 43-56 days £10 29-42 days £20 15-28 days £30 14 days or less £50
Our liability to you
As Organiser of your Festival Package, we promise to make sure that all services that form part of your contract with the suppliers are provided with reasonable skill and care. This means that, subject to these Booking Terms, we will accept responsibility if the suppliers fail to perform or improperly perform your Festival Package.
You must inform us without delay if you wish to make a legal claim against us. See clause 8 – Complaints.
We will not be liable for any injury, illness, death, loss (for example, loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (a) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; (b) the act(s) and/or omission(s) of a third party unconnected with the provision of your booking and which were unforeseeable or unavoidable; or (c) Unavoidable and Extraordinary Circumstances (which means a situation beyond our (or our suppliers) control, the consequences of which could not have been avoided even if all reasonable measures had been taken).
We do not accept responsibility or liability for any services that do not form part of our contract with you. This includes, for example, any additional services or facilities which the hotel, festival organiser, transport operator or any other service that a supplier agrees to provide for you (such as an excursion or activity) and where the services or facilities are not advertised on our website as being included in the price of your festival ticket or Festival Package and we have not agreed to arrange them.
The promises made to you about the services we have agreed to arrange as part of our contract and the laws and regulations of the country in which your claim or complaint occurred will be used as the basis for deciding whether the services in question were properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the U.K. that would have applied had those services been provided in the U.K. The exception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable customer not to book the services in question.
Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of three times the cost of your travel arrangements. In addition, for all claims (including those involving death or personal injury), the maximum amount of compensation we will have to pay you will be limited in accordance with and/or in an identical manner to (as applicable): (a) the contractual terms and conditions of the travel services that make up your package; and (b) any relevant international conventions for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of and conditions under which compensation can be claimed for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of the extent of or the conditions under which compensation is to be paid under these or any conventions.
We do not accept any liability for any damage, loss, cost, expense or other sum(s) of any description (a) which, on the basis of the information you provided to us prior to our confirming your booking, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or other fault by ourselves or our employees or our suppliers. In addition, we do not accept liability for any business losses, including loss of profit, or any losses that do not arise directly from our breach.
Where during the course of your festival trip a supplier is unable to provide a significant proportion of the travel services in the Festival Package, we will offer you suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in your contract for the continuation of your package. Where we can only offer a lower quality alternative, we will offer you a price reduction. You can reject our offer only if the arrangements are not comparable to those agreed in your contract or the price reduction is inadequate and you may be able to claim a price reduction or compensation or both without terminating the contract. If we unable to provide a remedy within a reasonable period and this substantially affects the performance of your package, you may terminate your package contract without paying a cancellation charge and are entitled to a price reduction and compensation for a damage sustained as a result.
If your Festival Package includes transport to and from the festival and the supplier cannot ensure your return as scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday.
If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
Linked Travel Arrangements are as described in clause 1.6 above. We sell Linked Travel Arrangements as agent for the suppliers and your contracts are with the respective suppliers who are responsible for your arrangements.
We provide financial protection against our insolvency through the ABTA bond for all Linked Travel Arrangements. This means that in the event of our insolvency, the payments that you have made to us that have not been paid to our suppliers will be financially protected and refundable to you.
Section A: All sales
This Section A is applicable to all sales by Festicket. We act as agent for the supplier for all sales:
Section B: Festival Packages
Festicket is “Organiser” of Festival Packages that it sells under the Regulations. This Section B applies to sales of Festival Packages only and overrides the provisions of Section A to the extent of any conflict only.
Section C: Linked Travel Arrangements
This Section C is only applicable to Linked Travel Arrangements:
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