DEFECTED MALTA TERMS AND CONDITIONS
These Conditions govern all Tickets issued for the Event and the admission to the Venue(s) and should be read in accordance with the Conditions of Entry and the conditions of the Official Ticketing Agent. Where you have purchased Accommodation, these Conditions govern your contract with us in addition to all other written information brought to your attention before your booking was confirmed, including but not limited to the Essential Information document. All capitalised terms used in these Conditions shall have the meanings given to them in the ‘Definitions’ section of these Conditions, below. All Tickets are issued either by us or on our behalf. Any person who purchases, possesses, uses or attempts to use any Ticket shall be deemed to have accepted and agreed to comply with these Conditions. In the case of any conflict or ambiguity between these Conditions and the Conditions of Entry or conditions of the Official Ticketing Agent(s), these Conditions will prevail.
DEFINITIONS
When used in these Conditions, the following capitalised terms shall have the following meanings:
“Authorised Person(s)” means collectively all Event management, Venue(s) management, Police, public bodies and agencies responsible for safety and security in connection with the Event or the Venue(s), and their respective staff, officials, representatives, officers and volunteers;
“Conditions” means these terms and conditions and the Conditions of Entry which are incorporated into these Conditions by reference together with any amendments or updates to the same issued by or on our behalf from time to time;
“Event” means any show booked through us.
“Face Value” means the specified price of the Ticket only (including United Kingdom value added tax thereon) as stated on the relevant Ticket, and excludes any Handling Fee (or part thereof) or other fees or charges paid by the Ticket Purchaser in respect of that Ticket (including postage or courier charges);
“Handling Fee” means the fee payable per Ticket transaction or order, charged in addition to the Face Value of the Ticket, for the processing and delivery of Tickets in that transaction or order (including United Kingdom value added tax thereon);
“Official Ticketing Agent” means our official appointed ticket agent(s) for the Event, each acting as our agent;
“Original Sale Price” means the specified price of each Ticket plus any Handling Fee (or part thereof) and other charges necessary to effect the sale or trade of that Ticket (including postage or courier charges);
“Prohibited Item(s)” means any items which we or any Authorised Person deem to be dangerous or inappropriate including (without limitation) those items specified in sub-paragraphs 27(b)(c) and (d) of these Conditions and any further items listed at www.defected.com from time to time;
“Conditions of Entry” means the security protocols and the public order and safety conditions of admission to the Venue(s), as the same may be amended, supplemented or replaced by us or the Venue(s) from time to time;
"Ticket" means any ticket (whether a hard copy ticket or an e-ticket) evidencing a personal revocable licence from us for an individual to attend the Event and the Venue(s) in accordance with the details indicated thereon;
"Ticket Holder” means any individual possessing, holding or using a Ticket, including (without limitation) the
Ticket Purchaser or any person to whom the Ticket was issued or transferred;
“Ticket Purchaser” means the individual who has purchased a Ticket or Tickets through the Event’s Official Ticketing Agent, whether on its own or as part of a Travel Package;
“Accommodation” means accommodation stay booked through us for the duration of the Event;
“Venue(s)” means the entire premises where the Event is scheduled to take place including all third-party venue(s) used by us in connection with the staging of the Event;
“We” means ITH Ltd a company incorporated in England and Wales with company number 04647550 whose registered office address is: Ground Floor, 23 Curtain Road, London, United Kingdom, EC2A 3LT (and, solely where payments are concerned, means our Official Ticketing Agent);
“Wristband” means any valid wristband given to a Ticket Holder in exchange for their Ticket at the Event, which may be embedded with an RFID chip if it is a cashless (or partly cashless) Event;
“You” means the Ticket Holder, or the Ticket Purchaser and/or for Accommodation, the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
TICKET PURCHASE AND DELIVERY
1. Tickets and/or Accommodation may only be purchased from us (via the Official Ticketing Agent) or through any other sale or transfer mechanism with prior authorisation in writing by us. Tickets purchased or obtained from any other source shall be void and may be seized or cancelled without refund or compensation.
2. We reserve the right to limit, at the time of purchase, the maximum number of Tickets and/or Accommodation that any person may purchase for the Event. Tickets and/or Accommodation may be limited to a maximum number per person, per payment card and/or per household. We reserve the right to cancel without prior notice any Tickets or Accommodation purchased in excess of this number.
3. The nominated payment card or the registered bank account used to purchase Tickets and/or Accommodation must be registered in the name and address of the Ticket Purchaser. We reserve the right to refuse any application for Tickets and/or Accommodation from any person who fails to comply with this condition or to cancel any Tickets and/or Accommodation purchased in breach of this condition.
4. To prevent fraud and protect both you and us, either we or the Official Ticketing Agent may carry out checks and/or you may be asked to provide additional information (such as a copy of a credit or debit card statement) after your booking so we can verify your purchase. If we or the Official Ticketing Agent suspect fraud, we may cancel any order for Tickets and/or Accommodation.
5. Once payment in full has been received by us or by the relevant the Official Ticketing Agent, the Ticket Purchaser will be provided, by email, with a confirmation of the sale and a booking reference number.
6. The sale or other issuance of any Ticket is final and non-refundable except as outlined in paragraphs 14- 21 of these Conditions, or for Tickets purchased as part of a Travel Package, as outlined in paragraph 11 and 12 of the Accommodation Terms & Conditions, or as required by applicable law. We reserve the right to not replace or accept any Ticket that has been lost, stolen, forgotten, damaged, defaced or forged, or any Ticket which is unreadable or incomplete. Keep your Ticket safe!
7. Tickets will be issued via email as e-tickets to the Ticket Purchaser’s email address as specified in the Ticket Purchaser’s application.
8. If any Tickets have not been received seven (7) days before the Event, it is the responsibility of the Ticket Purchaser to contact Malta@defected.com quoting the booking reference number given to the Ticket Purchaser at the time of the confirmation of sale.
9. It is your responsibility to check your Tickets and booking confirmation and inform us immediately of any inaccuracies; mistakes cannot always be rectified. We cannot accept any liability if we are not notified of any inaccuracy in any documentation within five (5) days of purchase.
TICKET USE & PROHIBITIONS ON TRANSFERS
10. Save as set out in paragraph 11 below, Tickets are strictly non-transferable and must not be sold or offered, exposed or made available for sale, or transferred or otherwise disposed of. We reserve the right to cancel without refund any Tickets issued to a Ticket Holder whom we believe plans to offer a Ticket for resale otherwise than in accordance with these Conditions.
11. If the Ticket Purchaser can no longer attend the Event, the Ticker Purchaser may transfer the Ticket to another individual providing we are notified not less than twenty-eight (28) days before the Event and the Ticket Purchaser, where applicable, subject to compliance with paragraph 10 of the Accommodation Booking Terms & Conditions. The transfer must be made strictly subject to these Conditions (and the transferee’s acceptance thereof) which shall be binding upon the transferee in full as if the transferee were the Ticket Purchaser, save only that such transferee shall have no right to transfer the Ticket under this paragraph 11 nor any right to a refund under paragraphs 14-21 of these Conditions. Tickets that have been purchased as part of a group booking cannot be sold separately/individually and must be sold as part of the group booking.
12. Notwithstanding paragraph 11 above, it is an essential condition of the issuance of each and every Ticket and the right of admission to the Venue(s) that, the Ticket must not be:
a. transferred, used or otherwise disposed of in the course of any business or for the purpose of facilitating a third party’s business;
b. transferred, used or otherwise disposed of:
i. in relation to any promotional or commercial purpose (including any competition, advertising, promotion, auction or as a prize in any competition or sweepstake, whether for a business or a charity or otherwise); or
ii. to enhance the demand for any other goods or services;
c. transferred or otherwise disposed of to any person who agrees to buy any goods or service(s) in return for the Ticket; and/or
d. combined with any other goods or service(s) (including as part of any hospitality, accommodation or travel package or service);
in each case without our prior written approval.
13. Any Ticket offered for sale, sold, transferred, used or disposed of in breach of paragraphs 10, 11 or 12 of these Conditions may be cancelled and any person seeking to use the Ticket may be refused admission to or be evicted from the Venue(s) without refund or compensation and may also be liable to legal action, even if the Ticket Holder did not have prior notice of these Conditions or the breach thereof.
REFUNDS & CANCELLATION
14. Tickets are sold subject to our right to alter or vary the published Event programme without notification which may result in changes to the performance line-up, playing times or any other aspect of the Event. We reserve all rights in this regard. Any published start times of a performance at the Event are estimates and subject to change. We shall not be liable for any change of a published start time or change to the artists scheduled to perform. No scheduled acts may be considered as headline acts regardless of their relative fame or prominence in the billing and so cancellation by an artist or performer will not entitle you to a refund.
15. We reserve the right to make alterations to the time, date, duration and Venue(s) of the Event or other details governed by any Ticket in the event of unforeseen or other circumstances, including (without limitation), Force Majeure, safety and security concerns or decisions from any Authorised Person or other competent authority. In the event of such alteration, neither we nor the Official Ticketing Agent will be liable to the Ticket Holder or any other person for any costs, expenses or other losses resulting from such alteration, except to the extent set out in paragraph 18 of these Conditions.
16. As soon as possible after we become aware of a postponement, rescheduling or cancellation of the Event, all available information will be made available on www.defected.com and it is the responsibility of the Ticket Holder to ascertain whether the Event has been postponed, rescheduled or cancelled and procure any information pertaining to new dates, times, and Venue(s).
17. A Ticket will not be exchanged or refunded if:
a. after the Event has commenced, it is halted for any reason and is not continued;
b. on any day of the Event, the commencement time is delayed for any reason;
c. the start time (but not the date) of the Event changes after the date the Ticket was purchased; or
d. the Ticket is used for entry into the Venue(s).
18. We shall only be required to refund a Ticket Purchaser (on application by the Ticket Purchaser) with the Face Value of the relevant Ticket, in the following circumstances:
a. if the Event is cancelled before the Event has commenced;
b. if the Ticket is for an Event is postponed and subsequently rescheduled for another date (whether at the Venue(s) or at a different Venue(s)) before the Event has commenced subject to the Ticket Purchaser’s election under paragraph 19 of these Conditions; or
c. if the Ticket Purchaser is otherwise entitled to a refund under applicable law.
19. If the Event is postponed and subsequently rescheduled for another date (whether at the Venue(s) or at a different Venue(s)) before the Event commences, the Ticket Holder may elect to either:
a. use the existing Ticket for the rescheduled Event if the Event is rescheduled for another date but at the Venue(s); or
b. if the Event is rescheduled to a different Venue(s) and there are insufficient Tickets available, or the Ticket Holder is unable to attend any rescheduled Event (whether at the Venue(s) or at a different Venue(s)), the Ticket Purchaser shall be entitled to apply for a refund pursuant to sub-paragraph 18 b of these Conditions.
20. We shall not be required to refund any fees or charges paid in addition to the Face Value of the Ticket (for example, any Handling Fee, booking fees, administration charges, amendment fees, insurance or ticket protection payment, charity donations or postage or courier charges) except where required by applicable law. No interest or costs will be payable in respect of any monies refunded.
21. Where paragraph 18 of these Conditions applies, only the original and named Ticket Purchaser may apply for a refund. If we initiate a refund process under sub-paragraphs 18 a, b or c of these Conditions, the Ticket Purchaser will be advised of the process and the prescribed deadline for refund applications through the media or via direct communication within fourteen (14) working days of the cancellation or rescheduling of the Event. The Ticket Purchaser must follow the prescribed process and deadline and produce the original Ticket in order to be eligible for a refund. We shall not be required to issue a refund in relation to any Ticket which we reasonably believe has been the subject of a sale, transfer or disposal in breach of paragraphs 10 or 12 of these Conditions.
22. Promotions, deals or discounted offers are provided at our discretion. All such offers are subject to availability and may be withdrawn by us at any time, retrospective refunds are not permitted against any offer or promotion advertised after a booking is fulfilled.
23. Applications for RFID wristband refunds start from Tuesday 8th October at 10am CET and close on Friday 11th October at 23.59pm CET.
Please scan your wristband using the QR code and enter the wristband number which is on the back to proceed with the refund.
VENUE(S) ENTRY & REQUIREMENTS
23. These Conditions incorporate the Conditions of Entry. If any Ticket Holder fails to comply with the applicable Conditions of Entry, the Ticket Holder may be refused admission to or evicted from the Venue(s) without refund or compensation.
24. The Event is not suitable for children under the age of 18 and under 18s are not permitted to attend.
25. Admission to the Venue(s) will only be authorised upon presentation of a valid Ticket and (if we and/or any Authorised Representative require) photographic proof of identity and proof of age (driver’s licence or passport). One Ticket will be required for each person, regardless of age. The Ticket Holder is not guaranteed an uninterrupted and/or uninhibited view of any performance, nor is any representation or warranty given as to the quality, content or duration of the Event and/or any performance during the Event.
26. For the purposes of safety, security and/or checking compliance with these Conditions, each Ticket Holder shall, if requested by any Authorised Person, co-operate and comply fully with the instructions and guidelines of such Authorised Person (including, but not limited to, producing a valid Ticket and photographic proof of identity and proof of age). PLEASE NOTE: We reserve the right to have such policies, procedures, and/or testing in place from time to time as we deem necessary (or as are required by local laws) to ensure the safety of Ticket Holders at the Event in light of the continuing effects of the Covid-19 pandemic of 2020. These policies and procedures may include, but are not limited to, the requirement for Ticket Holders to carry and wear face coverings and/or Covid-19 testing and/or temperature testing. We reserve the right to refuse admission to the Venue(s) to any Ticket Holder who refuses to comply with such policies and procedures. A Ticket Holder may be requested to carry, wear or provide face masks or other Personal Protective Equipment (PPE), submit to a temperature check, Covid-19 (coronavirus) test, body check and/or a search of his/her possessions and/or vehicle for the purposes of locating and removing any Prohibited Item, and any refusal by the Ticket Holder may result in refusal of admission to or eviction from the Venue(s) without refund or compensation.
27. We and/or any Authorised Person may refuse admission to or eject from the Venue(s) without refund or compensation any Ticket Holder who:
a. is noticeably under the influence of alcohol, narcotics or any behaviour-modifying substance, or is behaving, or considered by any Authorised Person likely to behave, violently, harmfully or in a manner contrary to public order and/or safety;
b. brings or attempts to bring into the Venue(s), possesses or uses within the Venue(s) or in the vicinity thereof any Prohibited Item including, without limitation, Chinese lanterns; candles, paraffin lamps, chemical toilets; sound systems; generators; BBQs; glass bottles; any food; any beverages; drones; laser pens; unofficial high vis jackets; potential weapons of any kind; new psychoactive substances; poppers, nitrous oxide also known as laughing gas; illegal substances; fireworks; compressed gas containers; aerosols; flares; air horns; smoke bombs; flag sticks; banners, signs or materials displaying political, religious, offensive or race-related messages, slogans or images; any item that an Authorised Person considers, at their own discretion, dangerous, hazardous and/or illegal or that may be used as a weapon or a missile or that may compromise or otherwise interfere with the enjoyment, comfort or safety of (or pose a hazard to) any person or security at the Venue(s); animals (other than guide dogs); any tripods or video camera equipment whatsoever (whether or not for personal use); any camera or other type of photographic or recording device (of any nature whatsoever and whether capturing audio, or still or moving pictures) other than for personal use; any objects bearing trademarks or other kinds of promotional signs and messages (of whatever nature) which we or any Authorised Person believes are for promotional purposes (and any Prohibited Items may be removed, confiscated and/or destroyed even if the item itself is not illegal without compensation at the discretion of any Authorised Person);
c. brings or attempts to bring into the Venue(s), sells, possesses or uses within the Venue(s) or in the vicinity thereof any sponsorship, promotional or commercial items or materials (of whatever nature) without our prior written authorisation (and the Ticket Holder may be asked to deliver up a copy of any such authorisation upon entry to or whilst within the Venue(s));
d. whilst within the Venue(s) or the vicinity thereof, engages in any form of activity related to marketing or advertising (including, for the avoidance of doubt, ambush or guerrilla marketing), or conducts any commercial activity whatsoever, or offers (either for free or for sale), sells or possesses items with intent to sell (including, without limitation, drinks, food, souvenirs, clothes, promotional and/or commercial items and literature), in each case without our prior written authorisation (and any such items may be removed, confiscated and/or destroyed without compensation at our discretion and/or the discretion of any Authorised Person);
e. whilst within the Venue(s) or vicinity thereof, engages in disruptive, dangerous or violent behaviour including (without limitation) throwing, casting, thrusting or propelling any object at any person, instigates violence, demonstrates racism or xenophobia, behaves in a way that any reasonable person may interpret as provocative, threatening, discriminatory and/or offensive, creates or poses any threat to the life or safety of themselves or any other person(s), or harms any other person(s) in any way, or unreasonably obstructs the viewing of other spectators;
f. whilst within the Venue(s), enters or circulates in restricted access areas or other areas where that person is not allowed access to; or climbs lighting masts, fences, roofs and other apparatus or constructions;
g. whilst within the Venue(s), damages, interferes with or tampers with any property of any third party;
h. whilst within the Venue(s), smokes in any area where smoking is not permitted;
i. is suspected of committing, or having committed, or being likely to commit, a criminal offence in or about the Venue(s); and/or
j. whilst within the Venue(s) or the vicinity thereof, fails to comply with instructions from us and/or any Authorised Person, or refuses a security search.
28. Valid Tickets will be exchanged for Wristbands on entry into the Event. Wristbands cannot be issued until the day/date as stated on the Ticket and are only issued directly to the Ticket Holder on production of the relevant booking reference number and photographic proof of ID (driver’s licence or passport). It is not possible to collect Wristbands on behalf of other people and all Wristbands must be placed and secured on the individual’s wrist directly by our staff. Your Wristband will be invalidated if any part of it is removed, detached, altered or defaced. Wristbands will not be reissued or replaced regardless of whether you still have your Ticket.
29. Ticket Holders must wear their Wristbands at all times whilst within the Venue(s) and Wristbands must be produced for inspection upon our request and/or the request of any Authorised Person. Failure to do so may result in the Ticket Holder being ejected from the Venue(s) without refund or compensation, and the Wristband being temporarily or permanently deactivated.
30. The Ticket Holder is responsible for his/her own personal property brought to and into the Venue(s). Neither we nor, the Official Ticketing Agent, the Owner of the Venue(s) nor any Authorised Person accepts any responsibility for any loss, theft or damage of a Ticket Holder’s personal property.
MEDIA & RECORDINGS
31. Photographs or any other recordings of sound or images taken by a Ticket Holder within the Venue(s) may be used for personal, private, non-commercial and non-promotional purposes only. The Ticket Holder shall not, except for personal, private, non-commercial and non-promotional purposes and in any event not for commercial gain, disseminate at any time, over the internet, radio, television and/or any other current and/or future form or type of media, any sound, image, description of the Event (in whole or in part) including (without limitation) any such content made, recorded or captured in still or moving form by mobile phones or by any other form of wireless and/or portable device, and shall not assist any other person(s) in the conduct of such activities. Any recording or transmitting equipment (including professional cameras), unauthorised photos, recordings, tapes, films or similar items may be confiscated and/or destroyed by us.
32. Each Ticket Holder attending the Event:
a. acknowledges that he/she is likely to be recorded and the resulting content publicly disseminated across a range of media;
b. acknowledges that the police and/or security staff may carry out filming for the security of Ticket Holders and the prevention of crime;
c. agrees that perpetual use may be made, free of charge, of his/her voice, image and likeness captured whilst present at or about the Venue(s) (by means of live or recorded video display, broadcast, transmission or other dissemination or recording, photographs or any other current and/or future media technologies) and waives, on an irrevocable, worldwide, perpetual basis, all rights to object to such recording and the broadcasting, transmission or other dissemination thereof in any current and/or future media technologies;
d. acknowledges and agrees that we are the sole legal and beneficial owner of the copyright and any other intellectual property rights of any nature whatsoever in and to any recordings of sound or images taken within the Venue(s) (including future rights to such recordings or to any works derived from such recordings) and waives, on an irrevocable, worldwide and perpetual basis, all rights (including moral rights) in and to any such recordings; and
e. hereby unconditionally and irrevocably grants to us a perpetual, exclusive, freely assignable and royalty-free licence to use, adapt, distribute and/or exploit, by any means and in any current and/or future form or type of media or format, any recordings taken by the Ticket Holder within the Venue(s) in breach of paragraph 31 of these Conditions.
GENERAL
33. Warning – Prolonged exposure to loud noise may cause damage to your hearing. Please be aware that strobe lighting, pyrotechnics, lasers, smoke machines and other special effects may be used during the Event. We strongly recommend all attendees take any precautions they deem necessary, such as wearing earplugs.
34. No trading is allowed anywhere within the Venue(s) or in the vicinity thereof without our prior written authorisation (and the Ticket Holder may be asked to deliver up a copy of any such authorisation upon entry to or whilst within the Venue(s)) and the responsible Ticket Holder could be evicted from the Venue(s) without refund or compensation.
35. The Event operates licenced bars and you need to be over the age of 18 to purchase alcohol at the Event. Please be aware that if we think that you look 25 years old or younger you may be asked to provide proof of age and if you are unable to do so you will not be served alcohol.
36. Access to each designated area within the Venue(s) is subject to capacity and we accept no liability and will not offer any Ticket refunds if a Ticket Holder is unable to attend a specific performance listed on the schedule.
37. We take the needs of Ticket Holders who are disabled or who have other access requirements very seriously and actively encourage people of all abilities to attend the Event. If you have access requirements for the Event please contact us regarding your requirements at Malta@defected.com.
38. Nothing in these Conditions seeks to exclude our liability or that of the owner of the Venue(s) or any Authorised Person for death or personal injury caused by its negligence, fraud or other type of liability which cannot be excluded or limited by law.
39. Subject to paragraph 38 above, neither we nor the Official Ticketing Agent shall have any liability to a Ticket Holder beyond the Face Value of the Ticket Holder’s Ticket. Neither we nor the Official Ticketing Agent shall be responsible to the Ticket Holder for any indirect losses or damages including, but not limited to, loss of enjoyment, goodwill and/or travel or accommodation expenses. Personal arrangements including any travel, accommodation or hospitality purchases relating to attendance at the Event which have not been purchased from us are at the Ticket Holder’s own risk.
40. The Ticket Holder irrevocably and unconditionally consents to the collection, use and insertion into a database on our behalf of personal information provided by the Ticket Purchaser and any other Ticket Holder for the purposes of the implementation of these Conditions subject to applicable law, including for administration, communication, enforcement and access control purposes, in accordance with our Privacy & Cookies Statement found at https://malta.defected.com/. We may share such information with third parties as may be generally and reasonably required for the proper and efficient staging of the Event.
41. To the extent permitted by law and with your consent, personal information provided by you to us will be used for all purposes reasonably connected with the operations of the Event including (but not limited to): providing you with details of forthcoming connected events, offers and services; providing you with updates as to the latest concessions or any changes thereto and information concerning competitions and other promotional activity, supplying you with the goods that you request or in which we reasonably believe you may be interested; conducting market research and establishing customer profiles; and transferring or disclosing the information provided to our professional advisers and such other parties as we consider necessary in the administration of our business. We will not use or disclose your personal information other than as set out in these Conditions and our Privacy & Cookies Statement found at https://malta.defected.com/ without your prior consent. If you have any queries about this, please write to us at our registered office address: Ground Floor, 23 Curtain Road, London, United Kingdom, EC2A 3LT. You will be given the opportunity to unsubscribe from such marketing communications when you place your order and you can unsubscribe from any email communications you receive from us by following the unsubscribe link. Neither we nor the Official Ticketing Agent accepts any responsibility for any loss, theft, or accidental destruction of any personal information provided by the Ticket Purchaser (and any other Ticket Holder) or any financial or other loss or damage which may result, directly or indirectly therefrom.
42. In the event that any provision of these Conditions is declared void, ineffective or unenforceable in any respect by any competent court in any jurisdiction, that provision shall be severed to the extent necessary in that jurisdiction, and the remainder of these Conditions will remain in effect as if such provision had not been included and the validity, enforceability and/or legal effect of such remaining Conditions shall not in any way be affected or impaired thereby.
43. We reserve the right to make amendments to these Conditions from time to time at our sole discretion (including, without limitation, by amending or supplementing the Conditions of Entry and/or the list of Prohibited Items). A full copy of the latest version of the Conditions (as amended, if appropriate) will be available at www.defected.com and, upon request, from us at the address set out in paragraph 41 of these Conditions. We shall notify Ticket Purchasers of such changes by email if they materially affect Ticket Purchasers’ rights as a consumer.
44. Any information requests or other correspondence in relation to these Conditions should be addressed to: Malta@defected.com.
45. Any breach of any these Conditions may result in the cancellation of the Ticket, the refusal of admission to the Ticket Holder to the Venue(s), or his/her eviction from the Venue(s), in each case without refund or compensation in addition to any other remedy that we may have, even if the Ticket Holder did not have prior notice of the Condition or the breach. No failure or delay by us to exercise any right (in whole or in part) under these Conditions shall constitute a waiver of that right, nor restrict any further exercise of that right.
46. All Tickets and Wristbands (and the copyright in all Tickets and Wristbands) remain our property. In the event of any breach of any of these Conditions by a Ticket Holder, Tickets and Wristbands must, upon the request of any Authorised Person, be delivered up to that Authorised Person. Such actions are without prejudice to other remedies which we may have.
47. These Conditions constitute the entire agreement between the parties and no party shall have any claim or remedy in respect of any statement, representation, warranty or undertaking, made by or on behalf of any other party in relation to these Conditions which is not already set out in these Conditions.
48. Any person (other than us, the Official Ticketing Agent, the owner of the Venue(s) or any Authorised Person) not party to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999.
49. These Conditions will be governed by and interpreted in accordance with English law. Any dispute arising from or in connection with these Conditions or a Ticket Holder’s attendance at the Event will be submitted to the non-exclusive jurisdiction of the English courts. Notwithstanding the foregoing, we reserve the right to pursue any legal proceedings in a competent court in the defendant's domicile, which proceedings shall be governed by and interpreted in accordance with English law.
50. These Conditions shall not affect a person’s statutory rights as a consumer. For further information about your statutory rights, contact Citizens Advice or the Department for Business Innovation and Skills.
51. To the fullest extent permissible in law, we shall be entitled to assign all and any of our rights and obligations under these Terms and Conditions, provided that your rights are not adversely affected.
RFID (RADIO FREQUENCY IDENTIFICATION) AND WRISTBANDS
1. The Event may be a cashless (or partly cashless) event, in which case your Wristband will be embedded with an RFID chip enabling you to pay for goods and services at the Event.
2. You will also need the Wristband to access the Event and certain areas within the Event.
3. You may need to create an online account to register your Wristband and, amongst other things to:
a. credit your Wristband before and during the Event without visiting the top up machines or booths at the Event;
b. receive a refund of any unused credit on your Wristband after the Event (if applicable); and/or
c. enable your Wristband to be blacklisted if it is lost or stolen.
4. Your Wristband is not a credit card, debit card, charge card, or cheque guarantee card, it will not be linked to your bank account and the balance on your Wristband will not earn interest.
5. Any personal data which you provide to us from time to time in connection with your Wristband may be used by us and our partners, including, without limitation, our payment service provider:
a. to administer your Wristband account, process transactions, provide you with the assistance and services you request;
b. to carry out our obligations arising from any contracts entered into between you and us; and
c. to notify you about changes to our service, Website and/or the Event.
6. It is your responsibility to ensure that any information you provide to us is complete, accurate and that it remains up to date. For more information on the way we use your personal information read our Privacy & Cookies Statement that can be found at https://malta.defected.com/.
WRISTBAND ACTIVATION, REFUNDS AND TOPPING UP
7. You will be charged a one euro (€1) activation fee if you top up your Wristband for the first time at the Event.
8. There will be no activation fee if you top up in advance of the Event.
9. The minimum amount you are permitted to top up on your Wristband is twenty euros (€20) at any one time.
10. Refunding the remaining balance on your Wristband will incur a two euro fifty cents (€2.50) charge. Applications for refunds will commence from Tuesday 8th October 2024 at 10:00am CET and will close on Sunday 13th October 2024 at 11:59pm CET.
ACCOMMODATION – BOOKING TERMS & CONDITIONS
The following Conditions apply only to Accommodation booked with us. For the Conditions applicable to Tickets, Events and Venue(s), please refer to the main Conditions above.
1. Booking & Deposit Payment: A booking is made with us when You pay a deposit as stipulated below (or pay in full) and You are issued with a booking confirmation. We reserve the right to return Your payment and decline to issue a booking confirmation at our absolute discretion.
2. Contract: A binding contract will come into existence between You and us for the provision of the Accommodation as soon You are issued with a booking confirmation that will confirm the details of Your booking and will be sent to You via email. Upon receipt, if You believe that any details on the booking confirmation or any other document are wrong You must advise us immediately as changes cannot be made later and it may harm Your rights if we are not notified of any inaccuracies in any document within seven (7) days of our sending it out.
3. Balance Payment: Where You have paid a deposit, the balance of the purchased Accommodation will be due at a date specified upon purchase. This amount equates to the total amount in Your booking confirmation, minus any added extras. If we do not receive this balance in full and on time, we reserve the right to treat Your booking as cancelled by You in which case the cancellation charges set out in clause 10 below will become payable. Where You have signed up to our monthly payment plan to pay off Your balance payment, we will automatically deduct the agreed monthly instalment amount via standing order, from the bank account nominated by You for every month of the duration of the payment plan. Failure to make payment in accordance with the agreed payment plan or if you choose to cancel Your booking for any reason whatsoever, will result in your booking being cancelled and the cancellation charges stipulated at clause 10 below becoming payable.
4. Accuracy: We shall endeavour to ensure that all the information and prices on our website are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the Accommodation that You wish to book before You make Your booking.
5. Travel Insurance: You must ensure you have adequate travel insurance, which is a condition of your contract with us, whether this is the travel insurance offered on the booking platform or travel insurance you purchase separately. You must be satisfied that Your insurance fully covers all Your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness or other activity/adventure insurance appropriate to the activities you will be undertaking. If You choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
6. Pricing: We reserve the right to amend the price of unsold Accommodation at any time and correct errors in the prices of confirmed bookings.
We also reserve the right to increase the price of Accommodation solely to allow for increases which are a direct consequence of changes in:
a. the level of taxes or fees applicable to the Accommodation imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
b. the exchange rates relevant to Your Accommodation.
You will be charged for the amount of any increase in accordance with this clause. However if this means that You have to pay an increase of more than eight per cent (8%) of the price of your confirmed Accommodation (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), You will have the option of accepting a transfer to another Accommodation if we are able to offer one (if it is of lower quality You will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should You decide to cancel for this reason, You must exercise Your right to do so within seven (7) days from the issue date printed on Your final invoice. Should the price of Your Accommodation go down due to the changes mentioned above, then any refund due will be paid to You. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of Your Accommodation due to contractual and other protection in place. There will be no change made to the price of Your confirmed Accommodation within twenty (20) days of Your departure nor will refunds be paid during this period.
7. Curtailment: If You are forced to return home early, we cannot refund the cost of any travel arrangements You have not used. If You cut short Your Accommodation stay and return home early in circumstances where You have no reasonable cause for complaint about the standard of Accommodation and services provided we will not offer You any refund for that Accommodation or be liable for any associated costs You may incur. Depending on the circumstances, Your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
8. If You change your Booking: If You wish to change Your Accommodation after the confirmation invoice has been issued, You must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet Your requested change. Where we can meet a request, all changes may be subject to payment of an administration fee as specified below, as well as any charges imposed by suppliers and any other costs we incur in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and You should contact us as soon as possible. Where we are unable to assist You and You do not wish to proceed with the original booking, this will be treated as a cancellation by You. A cancellation fee may be payable in accordance with clause 10.
Change | Administration Fee* |
Date change | £30 per booking |
Change to Optional Extras | £15 per extra |
*Important Note: Certain Accommodation may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the Accommodation.
9. Transfer of Booking: If any member of Your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by You and satisfying all the conditions applicable to the Accommodation) providing we are notified not less than seven (7) days before departure and You pay the amendment fees stipulated at clause 8, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these Conditions and all other terms of the contract between You and us. You and the transferee remain jointly and severally liable for payment of all sums. If You are unable to find a replacement, cancellation charges as set out in clause 10 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.
10. If You Cancel Your Booking Before Departure: If You or any other member of Your party decides to cancel Your confirmed Accommodation booking You must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at malta@defected.com and may increase the per person Accommodation price of those still travelling and you will be liable to pay this increase. Since we incur costs in cancelling Your Accommodation, You will have to pay the cancellation charges as follows:
Period before departure in which You notify us | Cancellation Charge* |
60 days or more | 25% of total booking cost |
59 – 41 days | 50% of total booking cost |
40 – 25 days | 75% of total booking cost |
24 days or less | 100% of total booking cost |
*Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. Furthermore, please note that where You have opted to pay Your balance using our payment plan You will be required to pay the full applicable cancellation charge as stipulated in the table above in the event You decide to cancel Your booking. This means You may have an outstanding payment to us at the time of cancellation which You must pay to us at the time of cancelling. If the reason for Your cancellation is covered under the terms of Your insurance policy, You may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies You have already paid to us where we are able to do so, otherwise we will request the payment from you. The above cancellation terms only apply to Accommodation.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed Accommodation before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your Accommodation destination or its immediate vicinity and significantly affecting the performance of the Accommodation or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause 10 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
11. If We Change or Cancel: We may occasionally have to make changes or cancel Your booking and we reserve the right to do so at any time.
a. Changes: If we make an insignificant change to Your Accommodation, we will make reasonable efforts to inform You as soon as reasonably possible if there is time before Your departure but we will have no liability to You. Examples of insignificant changes include change of accommodation to another of the same or higher standard or changes to performance times, venues, performers and artists. Please note that no scheduled acts may be considered as headline acts, regardless of their relative fame or prominence in the billing, and so cancellation by an artist will not entitle You to a refund of your Accommodation.
b. Cancellation: We will not cancel Accommodation less than sixty (60) days before Your departure date, except for reasons of Force Majeure or failure by You to pay the final balance. We may cancel Your Accommodation before this date if, e.g., the minimum number of customers required for a particular Accommodation is not reached.
If we have to make a significant change or cancel, we will tell You as soon as possible and if there is time to do so before departure, offer You the choice of:
a. (for significant changes) accepting the changed arrangements; or
b. having a refund of all monies paid; or
c. accepting an offer of an alternative accommodation of comparable standard or higher standard, if available (at no extra cost); or
d. if available, accepting an offer of alternative accommodation of a lower standard, with a refund of the price difference between the original accommodation and the alternative accommodation.
You must notify us of Your choice within seven (7) days of the offer. If we do not hear from you within seven (7) days, we will contact you again to request notification of your choice. If You fail to respond again within seven (7) days, we will assume that You have chosen to accept the change or alternative accommodation.
Important Note: We will not pay You compensation where we:
a. make an insignificant change to your booking;
b. where we make a significant change or cancel Your Accommodation more than sixty (60) days before departure;
c. where we make a significant change and you accept the changed Accommodation or you accept an offer of alternative accommodation;
d. where we have to cancel your Accommodation as a result of Your failure to make full payment on time;
e. where the change or cancellation arises out of alterations to the confirmed Accommodation
requested by You;
f. are forced to cancel or change Your Accommodation due to Force Majeure (see clause 12 below).
If we become unable to provide a significant proportion of the Accommodation that You have booked after You have departed, we will, if possible, make alternative arrangements for You at no extra charge and where the alternative Accommodation is of a lower standard, provide you with an appropriate price reduction.
This clause only applies to changes or cancellation by us to Your Accommodation booking. For changes or cancellation to the Event, please see the main Conditions above.
12. Force Majeure: Except where otherwise expressly stated in these Conditions, we will not be liable or pay You compensation if our contractual obligations to You for the provision of the Accommodation are affected by “Force Majeure”. For the purposes of these Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as, epidemics and pandemics, the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial disputes, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or
refunds where possible, we will not be liable to pay you any compensation.
13. Special Requests: Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm Your requests in writing. Whilst every effort will be made by us to try and arrange Your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on Your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.
14. Disabilities and Medical Problems: We will do our utmost to cater for any special requirements You may have. If You or any member of Your party has any medical problem or disability which may affect Your booking, please provide us with full details before You make Your booking so that we can try to advise You as to the suitability of Your chosen Accommodation. You may be required to produce a doctor’s certificate certifying that You are fit to participate. If we, acting reasonably, are unable to properly accommodate the needs of the person(s) concerned, we will advise You not to make a booking with us or if You did not give us full details at the time of booking, we will cancel the booking and impose applicable cancellation charges as stipulated in clause 11 above. Please note that where You have been advised by us that We will not be able to accommodate the needs of the person concerned and/or that Your chosen Accommodation is unsuitable, but still make a booking and travel with us, We will have no liability to You for any losses incurred or if You are not able to fully participate or utilise any element of your Accommodation.
15. Complaints: If You have a problem during Your trip, please inform the relevant supplier (e.g. the hotelier) immediately who will endeavour to put things right. If Your complaint is not resolved locally, please inform customer services immediately at Malta@defected.com. If the problem cannot be resolved and You wish to complain further, You must send formal written notice of Your complaint to Malta@defected.com within twenty eight (28) days of the end of Your trip, giving Your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect our and the applicable supplier’s ability to investigate Your complaint, and will affect Your rights under this contract.
16. Our Responsibilities for the provision of Your Accommodation
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your package, as set out in your Booking Confirmation. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service
providers or otherwise, which are not set out in your Booking Confirmation
(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
(3) We will not be responsible or pay You compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
· the acts and/or omissions of the person affected; or
· the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or
· Force Majeure (as defined in clause 12).
(4)We limit the amount of compensation we may have to pay You if we are found liable under this clause:
(a) Loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay You in respect of these claims is an amount equivalent to the excess on Your insurance policy which applies to this type of loss per person in total because You are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three (3) times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and You or Your party has not received any benefit at all from Your Accommodation.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
i) The extent of our liability will in all cases be limited as if we were a carrier under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, You agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to You on that journey. When arranging transportation for You, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of Your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to You by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to You under our contract with You, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which You have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the Booking Confirmation and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this
package. The level of any such price reduction or compensation in respect of any claim for damages
or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us
(6) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these Conditions.
(7) Where any payment is made, the person(s) receiving it must also assign to us or our insurers any rights they may have to pursue any third party and must provide us and our insurers with all assistance we may reasonably require.
(8) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
(a) which on the basis of the information given to us by You concerning Your booking prior to confirmation, we could not have foreseen You would suffer or incur if we breached our contract with You; or
(b) relate to any business.
(c) indirect or consequential loss of any kind.
(9) We will not accept responsibility for services or facilities which do not form part of the confirmed Accommodation. For example any excursion You book whilst away or any service or facility which Your hotel or any other supplier agrees to provide for You.
(10) Where it is impossible for you to return to your departure point as per the agreed return date of your Accommodation, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three (3) nights per person. Please note that the three (3) night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
17. Excursions: Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
18. Insolvency Protection for Accommodation: We provide full financial protection for Accommodation. If You book arrangements other than Accommodation from us (e.g. You just book a Ticket), Your monies will not be financially protected. Please ask us for further details.
19. Entry Passport, Visa and Immigration Requirements & Health Formalities: It is Your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to Your travel. If you or any member of your party is 16 or over and have not yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your arrangements. We can only provide general information about this. You must check requirements for Your own specific circumstances with the relevant Embassies and/or Consulates and Your own doctor as applicable. Requirements do change and You must check the up-to-date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If Your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC).
Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware.
Non-British passport holders, including other EU nationals, should obtain up-to-date advice on entry, passport, visa, health and immigration requirements from the Embassy, High Commission or Consulate of Your destination or country(ies) through which you are travelling.
We do not accept any responsibility if You cannot travel, or incur any other loss because You have not complied with any entry, passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any entry, passport, visa, immigration requirements or health formalities.
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.
20. Conditions of Suppliers: Many of the services which make up Your Accommodation are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of Your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to You, usually in accordance with applicable International Conventions. Copies of the relevant parts of those terms and conditions are available on request from us or the supplier concerned.
21. Prompt Assistance: If, whilst you are away, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
22. Foreign Commonwealth and Development Office Advice: You are responsible for making Yourself aware of Foreign Commonwealth and Development Office (FCDO) advice in regard to the safety of the countries and areas in which You will be travelling and to make Your decisions accordingly. Advice from the FCDO to avoid or leave a particular country will constitute Force Majeure. (See clause 12).
23. Delays, Missed Transport Arrangements: If you or any member of your party misses any transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and transport supplier concerned immediately.
24. Behaviour: All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager, coach driver, Authorised Persons, or any other person in authority, Your behaviour or that of any member of Your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, We reserve the right to terminate Your booking with us immediately. In the event of such termination our liability to You and/or Your party will cease and You and/or Your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to You and/or Your party. No refunds for lost accommodation or any other arrangements will be made and We will not pay any expenses or costs incurred as a result of termination. You and/or Your party may also be required to pay for loss and/or damage caused by Your actions and We will hold You and each member of Your party jointly and individually liable for any damage or losses caused by You or any member of Your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If You fail to make payment, You will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of Your actions together with all costs We incur in pursuing any claim against You. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with Your booking arrangements or with us.