TERMS & CONDITIONS

Porthilly Spirit 2019

Porthilly Spirit trades under the name Porthilly Spirit Festivals Ltd, a company that incorporated in UK under company number 11701581 with a registered office at: Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER.

 

GENERAL

1.1 “Event” means the event which you have bought a Ticket to attend being Porthilly Spirit.

1.2 “You” means you as the holder of the Ticket and “Your” shall be read accordingly.

1.3 References to the “Event Organiser” means Porthilly Spirit Festivals Ltd.

1.4 References to Event Organiser, “We”, also means Porthilly Spirit Festivals Ltd.

1.5 Any references to “Our” will be construed accordingly.

1.6 “Terms and Conditions” means these terms and conditions.

1.7 “Venue” means the site at which the Event takes place being as follows: The festival site in Trefresa Farm, Rock.

1.8 “Ticket” means any valid ticket or wristband which permits you to attend the Event or any valid wristband for which you have exchanged your valid ticket at the Event.

1.9 “Hotel” – any accommodation outside of the Venue. i.e B&Bs, Hotels, Apartments off the festival site.

1.10 These terms and conditions are subject to change from time to time without notice and in our sole discretion. Updated terms and conditions will be posted on www.porthillyspirit.com

1.11 These terms and conditions do not create any rights or obligations enforceable by or against anyone other than Porthilly Spirit.

1.12 The Event Organiser may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the "Act"). Except as provided above, this agreement does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.

1.13 If the Promoter delays or fails to enforce any of these Terms and Conditions it shall not mean that the Promoter has waived its right to do so.

1.14 Any person, other than the Event Organiser, who is not a party to these Terms and Conditions, shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

1.15 Nothing in these Terms and Conditions and no action taken by you or the Event Organiser under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other fiduciary relationship between you and the Event Organiser.

1.16 These Terms and Conditions constitute the entire agreement between the parties in connection with the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between you and the Event Organiser relating to the subject matter of these Terms and Conditions.

PURCHASING YOUR TICKET

2.1 The ticket you purchase remains the property of the Event Organiser and is a personal revocable license which may be withdrawn and admission refused at any time upon refunding the printed purchase price.

2.2 These Terms and Conditions form the basis of your contract with Porthilly Spirit Festivals Ltd, trading as Porthilly Spirit Festivals Ltd. The contract between us is governed by English Law and any dispute will be dealt with under the exclusive jurisdiction of the English Courts. Our contract with you is deemed to be made at the office of Porthilly Spirit at Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER.

DELIVERY & COLLECTION

3.1 Tickets will be in the form of an E-Ticket sent to you in an email. This must be printed and Your name must be on this, ID will be required on entry. E-Tickets will be sent out in an email at least 1 week before the event.

ADMISSIONS POLICY

4.1 Anyone under the age of 18 must be accompanied by a parent/guardian 26 years or older. We reserve the right to have a maximum of four Youth/Child ticket holders per adult 26 years or older (at the start date of the event 24/05/19).

4.2 The following ID can be used as proof of age for entering the site: Current Passport, Current UK Driver’s License or Provisional License.

4.3 Tickets cannot be refunded but can be transferred. Once tickets have been purchased on The Ticket Sellers website you will be able to login to your account and change the names on the the ticket until the 20th May 2019.

4.4 If you or any member of your party has particular requirements you are required to raise these when booking and we will endeavour to address them but cannot guarantee the desired outcome. There is no guarantee any requirements can be met.

4.5 Searching is a condition of entry to Porthilly Spirit. The Event Organisers reserve the right to conduct security searches and confiscate any item which in the opinion of the Event Organisers may cause danger or disruption, be a health and safety risk, not be suitable to be taken into the event or is one of the items not permitted in the venue as detailed in these Terms and Conditions.

4.6 The events are about good music, performance and entertainment and the freedom for all to enjoy it. Anyone found in possession of illegal substances including legal highs or contraband goods will be refused admission to or ejected from the venue and may also be liable for prosecution. Any items found that may be used in an illegal or offensive manner will be confiscated, regardless of whether or not the item itself is illegal.

4.7 You shall not bring all or any of the following into the Venue: fireworks, flares, laser pens, laser equipment, high power torches, personal sound systems, nitrous oxide, animals (except assistance dogs).

4.8 You shall not bring any bottles or glass containers, or any item which the promoter considers could be used as a weapon (including sharp or pointed objects such as knives), items with an open flame (e.g. candles, barbecues, gas/paraffin lamps, Chinese lanterns, camp fires, etc).

4.9 The Event Organiser reserves the right to refuse you entry to and/or eject you from the Event without refund. In particular but without limitation you may be refused admission to or removed from the Event for any reason which may include but are not limited to: for health and safety or licensing reasons; if you behave in a manner which has or is likely to affect the enjoyment of other persons at the Event; if you use threatening, abusive or insulting words or mannerisms; if, in the Event Organisers reasonable opinion, you are acting under the influence of alcohol or drugs; if you demonstrate any form of anti-social behaviour; if you fail, when required, to produce proof of identity or age; if you refuse to comply with the Event’s security searches; if you carry offensive weapons or illegal or prohibited items or substances if you breach these Terms; and/or if your Ticket is void. You will not be permitted to return to the festival site or purchase further tickets.

4.10 You are permitted to bring Your own limited supply of food and soft drinks into the Venue for Your own consumption in the campsites and/or the Event site but not for resale. In addition, you are permitted to bring either 8 x 300ml cans of beer / lager / cider per person OR 6 x 300ml cans of beer / lager / cider per person and 1 75cl bottle of wine (which must be decanted into a plastic bottle) per person. Such items may only be brought into the Venue on first entry. GLASS BOTTLES AND ALCOHOLIC BEVERAGES WITH AN ALCOHOL CONTENT WHICH EXCEEDS 15% ABV ARE STRICTLY PROHIBITED. Searches will be undertaken upon entry and re-admittance to ensure compliance with the provisions of these Terms and Conditions. Any alcohol above the permitted allowance will be confiscated (please note that there are a number of stalls at the Event which sell food and drink).

4.11 You must comply with any and all instructions given to You by the Event Organiser and/or all Venue stewards and staff at the Event.

4.12 Strictly no trading allowed on the festival site without the festivals consent.

4.13 By attending Porthilly Spirit you give Your express consent to Your actual or simulated likeness being included within any film, photograph, audio and/or audio-visual recording to be exploited in any and all media for any purpose at any time throughout the world, the copyright to which shall be owned by the promoter or its contractors without payment or compensation. If you attend the event with Your child aged under 18 years you are foregoing Your express consent on their behalf. This includes filming by the police or security staff that may be carried out for the security of customers.

4.14 Due to legal artist performance rights and royalty obligations, you cannot bring any video or audio recording equipment or any camera which is over 35mm or with a detachable lens onto the Venue site. You will not be allowed to enter the site if you bring equipment that, at the discretion of our security, infringes on these rules.

4.15 All guests are asked to observe and comply with safety advice, site signage and ‘No Smoking’ areas. In accordance with Smoke-Free Regulations, the tented arenas and other areas of the event are designated ‘No Smoking’ areas. Normal statutory rules and regulations apply and should be observed at the Event and failure to do so may result in ejection from the Event.

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

4.17 There will be no admission to the Event outside the designated opening and closing times on any day of the Event. Last admission to the Event will be at the following times:

Friday 24th May
Car Park Opens: 12:00
Arena Opens: 14:00
Last Entry: 22:00

Saturday 25th May
Car Park Opens: 08:00
Arena Opens: 08:00
Last Entry: 22:00

Sunday 26th May
Car Park Opens: 08:00
Arena Opens: 08:00
Last Entry: 18:00

CAMPING

5.1 STANDARD
5.1.1 Campers should pitch tents in designated camping areas only and stay out of fire lanes and other working areas. The Promoter reserves the right to re-locate Your accommodation to another area of the Venue should weather conditions deem it necessary to do so.

5.1.2 Gazebos, awnings or trailer tents are not allowed on the campsite.

5.1.3 You should bring a tent that is sized for the amount of occupants. We reserve the right to refuse to allow any structures which are too large or which we believe may cause a health and safety risk.

5.1.4 We will not be liable for any failure to provide any advertised facilities within the camping area and we shall not be held liable for matters outside of its control, including those which may result in any loss of amenity, for example, where a third party supplier fails to provide utilities on time, or where natural changes to the landscape or where poor weather conditions are experienced.

5.1.5 All items brought to a campsite are brought and left at Your own risk.

5.1.6 For safety reasons, we will not permit any cylinder or petrol cookers, nitrous oxide or aerosols over 250ml into the campsites, or anywhere on site. Small gas camping stoves with butane/propane canisters under 250g are permitted.

5.1.7 You cannot cook or use a BBQ anywhere on the campsite or the venue itself. Live In Vehicles Ticket holders only will be permitted to bring in gas containers up to the limit of 13kg.

5.2 LIVE IN VEHICLES
5.2.1 All standard camping terms and conditions are applicable in addition to the Live In Vehicles specific terms outlined in this section.

5.2.2 Entry to the Live In Vehicles field is only possible with the advance purchase of a Live In Vehicles ticket. One ticket is required per Live In Vehicles. The Live In Vehicles ticket is not a valid entry ticket alone, but is purchased in addition to entry tickets for all residing in the Live In Vehicles. Purchase of a Live In Vehicles ticket and entry to the Live In Vehicles field is not permitted without a valid weekend ticket / wristbands.

5.2.3 Live In Vehicles tickets are available in advance only for site planning purposes. The Live In Vehicles ticket must be booked in the name of the driver as ID will be requested on the gate.

5.2.4 Live In Vehicles tickets are non-transferable and non-refundable.

5.2.5 The Event Organiser reserves the right to search all vehicles upon entry. Live In Vehicles Ticket holders in the Live In Vehicles field only will be permitted to bring in gas containers up to the limit of 13kg.

5.2.6 No towed vehicles are allowed on site so consequently caravans and trailer tents will NOT be permitted.

5.2.7 Room for Live In Vehicless is limited at the festival. You will be allowed 5 x 5 meters of space per Live In Vehicles pitch, no tents will be permitted amongst the Live In Vehicless for fire safety reasons. It is your responsibility to ensure all vehicles and tents fit into this area or risk removal from site, in which case refunds will not be issued.

5.3 BOUTIQUE CAMPING
5.3.1 All standard camping terms and conditions are applicable in addition to the Boutique Camping specific terms outlined in this section.

5.3.2 All Boutique Camping Accommodation is as per description at the time of booking, but this does not mitigate our right to amend any errors in pricing or description.

5.3.3 You undertake to keep any part of the Boutique Camping Accommodation that is a tent completely closed and secure and in particular any door fastened when not in use.

5.3.4 You undertake not to use any lighting, heating, cooking or other gas or electrical appliances within the confines of the Camping Accommodation.

5.3.5 You undertake not to light, or allow to be lit, any fire, candle or other naked flame within or close to the Camping Accommodation.

HOTEL

6.1 The Event Organiser shall have no liability whatsoever in connection with Your use and/or occupation in any accommodation outside the Venue. E.g Hotels, B&Bs, Apartments. There is no accountability to the Event Organiser for any loss, theft or damage to property, any personal injury, any noise issues, any dispute in connection with charges for sundries and/or the availability of advertised amenities.

CANCELLATION, CHANGE OR POSTPONEMENT

7.1 The Event is subject to licence. The Event Organiser does not offer refunds for ticket purchases unless the Event is cancelled in which case we will refund the ticket price less the booking fees and any other charges which we cannot recover. This is an industry­ wide standard.

7.2 If the Event is cancelled, ticket holders will be offered seats at the rescheduled Event/s (subject to availability) up to the face value of the tickets or, if the ticket holder is unable to attend the rescheduled Event or the Event is not rescheduled, a refund of the ticket price. Refunds for tickets purchased prior to the date of the original Event will be given up to their face value. If an Event takes place over several days and only one day is cancelled, a partial refund only may be payable corresponding to the day(s) cancelled. If the Event is moved or rescheduled, the Event Organiser may set refund limitations. This does not affect your statutory rights.

7.3 You should check whether the event has been cancelled and the date and time of any rearranged event. If the event is cancelled or rescheduled, the Event Organisers will endeavour to notify ticket holders of the cancellation. We cannot guarantee that you will be informed of cancellation before the time of the event.

7.4 We the Event Organiser accept no responsibility for your personal property. There will be a designated lost and found office located on the Event site.

7.5 All advertised times are approximate and subject to change. It is your responsibility to make appropriate arrangements to ensure that you arrive at the Venue in sufficient time in case the Event starts early and to ensure that you are able to stay until the close of the Event should you wish to if it overruns. We will not be responsible to make any refund or meet the costs of any alternative travel arrangements or for any loss of enjoyment or other indirect loss as a result of an Event not running to the precise advertised times.

7.6 In the event of a cancellation, postponement or “Material” alteration of the Event (defined below) you will be entitled to a refund in accordance with these terms and conditions. Personal arrangements including travel, subsistence and accommodation in relation to the Event which have been arranged by you are made at your own risk and neither the authorised ticket agent nor the Promoter will have any liability for any such loss of enjoyment or wasted expenditure. A “Material” alteration is a change which in our reasonable opinion makes the Event materially different to the Event which purchasers of the Ticket could reasonably expect. Changes to performance times, supporting acts and the use of understudies in a theatre performance shall not be considered a Material alteration. The Event is judged by reference to the overall theme rather than the individual act scheduled to appear. 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, regardless of their position on the bill.

7.7 It is your responsibility to check that the Event has not been cancelled, rescheduled or made the subject of a Material alteration. Information on such matters will be made available as soon as reasonably practicable on the Event website and/or at the Venue. Customers are advised that the website cannot always be updated immediately and that circumstances giving rise to cancellation, postponement or Material alterations can sometimes arise immediately prior to an Event.

PRIVACY & SECURITY

8.1 Ticket agents may share your personal information with the Venue operators and other sub-contractors as necessary for the purpose of the event or the marketing of the event and its activities. We will not otherwise share your information with third parties without your prior consent unless required by law.

8.2 To the extent permitted by law and with your consent, personal information provided by you to the Event Organiser will be used for all purposes reasonably connected with the operations of the Event and the Event Organiser 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 the Event Organiser reasonably believes You may be interested; conducting market research and establishing customer profiles; and transferring or disclosing the information provided to the Event Organisers professional advisors and such other parties as it considers necessary in the administration of its business. The Event Organiser will not use or disclose your personal information other than as set out.

8.3 In these Terms and Conditions without your prior consent. If you have any queries about this, please write to Acre House, 11/15 William Road, London, United Kingdom, NW1 3ER. 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 the Event Organiser by following the unsubscribe link.

EVENT NOTICES

9.1 Prolonged exposure to loud noise may cause damage to your hearing. Please be aware that strobe lighting may be used during certain Events. We strongly recommend all minors wear ear defenders and all attendees take any precautions they deem necessary.

9.2 The Event operates licensed 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 or younger you may be asked to provide proof of identification and if you are unable to do so you will not be served alcohol.

9.3 The dealing in or use of illegal drugs at Porthilly Spirit will not be tolerated. Drug enforcement laws are applicable on this site and will be enforced by our security personnel. If you deal or use drugs, you may be liable to arrest and prosecution in accordance with National Law. Neither anti-social or illegal behavior shall be tolerated and guests shall leave themselves liable to eviction from the event. Experimenting with drugs can lead to an adverse reaction. If you do take any substances and do become ill, depressed or frightened, please inform a member of staff who will direct you to our on-site medical team who will be able to help and support you.

LIABILITY

10.1 You agree that the Event Organiser, its servants or agents will not be liable for any loss, injury or damage to any person (including yourself) or property however caused (including by the Event Organiser or its servants or agents): (a) in any circumstances where there is no breach of a legal duty of care owed by the Event Organiser or any of its servants or agents; (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury as a result of a breach of a legal duty of care owed by the Event Organiser, its servants or agents); and/or (c) to the extent that any increase in any loss or damage results from the breach by you of any of these Terms and Conditions.

10.2 For the purposes of these Terms and Conditions, “Force Majeure” means any cause beyond the Event Organisers control including, without limitation, an act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, royal mourning, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements and/or acts or regulations of national or local governments. The Event Organiser will not be liable to you for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure.

10.3 You agree that the Event Organiser shall not be liable to you for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Event and/or our obligations hereunder including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation, or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.

10.4 The Event Organiser will not have any liability to you whatsoever for loss or expenses incurred in connection with the Event or any cancellation of the Event, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Event or the cancellation of the Event.

COMPETITION TERMS & CONDITIONS

The following information and terms and conditions relate to prize draws conducted by Porthilly Spirit Festival (the ‘Promotion’). By entering the Promotion, you agree to be bound by these terms and conditions. The ‘Promoter’ of this action is Porthilly Spirit Festivals LTD, Acre House 11/15 William Road, London NW13ER

The Promotion, prize details, opening and closing times are as per the entry form. The winner agrees to abide by any terms & conditions set out by the Promoter. Acceptance of these terms & conditions is a condition of entry.

The Promotion is open to residents within the United Kingdom, aged 18 and over only.

The Promotion is free to enter - no purchase is necessary.

The Prize consists of:

2x Adult Full Weekend Tickets to Porthilly Spirit Festival, Cornwall Porthilly Spirit takes place on 24th, 25th and 26th May 2019 at Trefresa Farm, Rock, Cornwall, England. For all festival information, programme and conditions of entry, see www.porthillyspirit.com

1x Lotus Bell Tent for Two People Check in from 12pm Friday 24th May and Check out by 12pm Monday 27th May. Further details to be sent via email in advance of arrival.

2x Tomos Parry Feast Takes place at 12.30pm on Sunday 26th May in the Feast Tent. 4 courses plus a welcome cocktail Please inform us in advance of specific dietary requirements

2x Hidden Hut Welcome Supper Takes place 6.30pm Friday 24th May. Menu tbc. Location to be revealed on arrival. Please inform us in advance of specific dietary requirements

2x Sea Safari Experiences Session for two people exploring the local coastline on a boat with Wavehunters. This experience takes place away from the festival Further details on duration and how to book will be communicated in advance of the event.

2x Paddleboarding Sessions Session for two people exploring the local coastline on a boat with Wavehunters. Further details on duration and how to book will be communicated in advance of the event.

£100 of bar spend. £100 of bar “tokens” will be given on arrival. Consumption of alcohol strictly for over 18s only. Always drink responsibly.

Porthilly Spirit (The Promoter) will choose one winner at random to win the Prize as listed above. Entry is via the competition form at www.porthillyspirit.com/competition

The competition closes at 12pm on 24th April 2019. The winner will be notified within one working week of the closing date of the competition, 1st May 2019. If the Promoter is not able to get in contact with the winner by 8th May 2019 using the contact details provided at time of entry, the winner’s right to claim the prize will be forfeited and an alternative winner will be drawn.

It is the winner's responsibility to notify the Promoter of any change in contact information. The Promoter shall not be responsible should the winner provide incorrect contact details.

Should a winner forfeit or refuse their prize the Promoter will draw another winner at random from all qualifying entries. This process will continue until the prize is claimed.

Additional costs incurred by the winner and not laid out as above Prize (including the cost and organisation of travel to and from the festival site) are not included in the Promotion, and are the responsibility of the prize winner and not the Promoter.

If the winner has already booked tickets to Porthilly Spirit, the Promoter will refund the cost of 2x adult tickets (of type depending on tickets already purchased).

Prize draw is only open to UK residents aged 18 or over, excluding employees of Porthilly Spirit and their immediate families, its agents or anyone else professionally associated with this Promotion. Bulk entries made from trade, consumer groups or third parties will not be accepted.

Promotion winners' name may be published on the Porthilly Spirit website, associated social media accounts and in marketing emails. Winners may be requested to take part in promotional activity without compensation and the Promoter reserves the right to use the names and addresses of winners/photographs of them in any publicity.

Entry is limited to one per person. Prizes are only transferable to a third party at the Promoter’s discretion.

The Promoter accepts no responsibility for any technical issues, system or software failures encountered on www.porthillyspirit.com or during entry into the promotion. We try to ensure the standard of the site remains high but we cannot be held responsible for interruptions of service.

The Promoter or agencies involved in this promotion will not be liable for loss/damage whatsoever caused by matters arising from this promotion.

All prizes are subject to change. No cash alternative is available.

Porthilly Spirit reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Competition with or without prior notice due to reasons outside its control (including, without limitation, in the case of anticipated, suspected or actual fraud).

The Promoter reserves the right, at its discretion, to disqualify any entrant and withhold prizes if it has reasonable grounds to believe the entrant has breached any of these rules or if they do not comply with any of these terms and conditions.

The Promoter reserves the right to change the prize to an alternative of similar value without notice if circumstances beyond their control require it to do so.

The entry instructions form part of the Terms & Conditions. By entering, entrants agree to accept and be bound by the Terms & Conditions. Entrants must read and accept the website Terms & Conditions to be eligible. English law applies and the English Courts shall have exclusive jurisdiction over any proceedings in connection with this promotion.

The Promoter is committed to protecting your personal information and other data, which is collected by us or provided to us via your use of our website in accordance with current UK data protection legislation. Any information you submit as part of this competition will not be passed on to third parties without your consent.

In the event of any dispute regarding the rules, conduct, results and all other matters relating to the Promotion, the decision of the Promoter shall be final and no correspondence or discussion shall be entered into.

The Promoter reserves the right, at its discretion, to disqualify any entrant and withhold prizes if it has reasonable grounds to believe the entrant has breached any of these rules or if they do not comply with any of these terms and conditions.

The Promoter and their associated agencies and companies accept no liability for any loss, expense or damage which is suffered or sustained (whether or not arising from any person's negligence) in connection with the Promotion or the winners’ enjoyment of the prizes, other than such liability that cannot be excluded by law including death or personal injury caused by negligence, where liability shall be limited to the minimum permissible by law.