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Terms and Conditions of SaleTERMS AND CONDITIONS OF SALE

  1. Defined Terms

1.1 “Contract” means the contract between us and you.

1.2 Pontardawe Arts Centre and The Princess Royal Theatre is operated and managed by Neath Port Talbot County Borough Council with The Gwyn Hall operated by Celtic Leisure, hereinafter referred to as “Neath Port Talbot Theatres”. By accepting your order, a legally binding contract between Neath Port Talbot Theatres and you is created. This contract shall be governed by and interpreted in accordance with English and Welsh law, and the English and Welsh courts shall have jurisdiction to resolve any disputes.

1.3 “we”, “us” and “our” means Neath Port Talbot Theatres as determined by condition

1.4 “you” and “your” means the person from whom we receive an order of tickets

1.5 “Performance” means any ticketed event for live Theatre or Cinema

 

  1. Formation of our contract with you

2.1 All tickets are sold subject to these conditions and no other terms and conditions. Please read these conditions carefully prior to making a purchase or booking with us.

2.2 A contract for the sale of Tickets by ‘us’ to ‘you’ and subject to these Conditions is formed upon the acceptance by ‘us’ of ‘your’ order, whether your order is (a) made online (by the completion of the series of pages for booking tickets set out on our website), (b) made in person at our Box Office located at any one of Neath Port Talbot Theatres’ venues or (c) made via telephone to the Box Office. No acceptance of your order shall be deemed to have been made until we are in receipt of payment in accordance with Condition 5

2.3 Nothing in these terms and conditions is intended to affect your statutory rights.

2.4 Nothing contained in this Contract is intended to be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party

2.5 These terms and conditions do not apply to any other product listed for sale or sold at Neath Port Talbot Theatres as to which separate terms and conditions will apply.

 

  1. General

3.1 Our staff are authorised to refuse admission to the venue and reserve the right to do so if in their absolute judgment your conduct is such that it is likely to disrupt or disturb other persons attending the Venue. We also reserve the right to terminate your permission to be on the premises and remove you therefrom where your conduct is disrupting or disturbing other persons attending the theatre.

3.2 We have a zero tolerance in regard to any threat towards staff. Any public heard using abusive language, seen using threatening behaviour or are intoxicated to the level where it causes distress to others will be asked to leave the premises immediately.

3.3 We reserve the right to alter or vary the performance / event due to events or circumstances beyond the venue’s control. This does not affect your statutory rights.

3.4 Whilst every effort is made to describe the performance, we cannot guarantee that your personal expectations from a performer or a performance will be met. This is because personal expectations and tastes are infinitely variable. Further, Neath Port Talbot Theatres cannot guarantee that the language, conduct or appearance of any performer will not offend you. We will provide an age guideline on certain performances to ensure that the performance is appropriate to you and your party and to ensure that the artist is comfortable performing, if you are unsure of the age guidelines please ask when booking. You are advised to make enquiries at the Box Office before purchasing a ticket if you have any concerns about the nature of a performance.  We will adhere to all film certification recommended by the BBFC for all cinema screenings, proof of age may be required when purchasing tickets or entering the cinema.

3.5 Possession of a valid ticket authorises admission of the holder to the auditoriums immediately before the performance/ event begins but once the performance/ event has begun the following applies. To avoid disturbing the audience and performers, latecomers will not be allowed access to the auditorium until a suitable point in the performance determined by the front of house staff. Late comers may be requested to sit in the most accessible seats available until the interval.

3.6 Your mobile phone’s ring facility must be switched off when inside the auditoriums. Similarly, you must not speak into a mobile phone whilst in the auditoriums. In an emergency you must speak into a mobile phone outside the auditoriums.

3.7 Smoking of any kind including that of e-cigarettes is not permitted inside Neath Port Talbot Theatres.

3.8 Any complaints in relation to the performance/ event, venue (e.g. temperature, cleanliness etc), other audience members should be made to a member of theatre staff promptly, prior to or during the performance in order for the problem to be resolved promptly.

3.9 The making of recordings and photography without written authorised consent within the auditorium, with or without a flash, is strictly forbidden.

3.10 Recordings of visitors to our venues – We, or 3rd parties authorised by us, may carry out photo, film and/or sound recordings during, before or after a performance and/or inside or outside our venue from time to time. By purchasing tickets from us you consent to you and any persons (including any children) who may accompany you, being included in such recordings and such recordings subsequently being used by us for any reasonable commercial purposes, including without limitation, for marketing and promotional purposes. We will not make any payment to you in respect of your inclusion in such recordings.

3.11 Alterations to the advertised cast, programme and arrangements – Tickets are sold subject to our right to alter or varied the advertised cast, programme and arrangements. Wherever possible effort will be made to inform of any advertised changed prior to the performance/ event on the venue’s website but not guaranteed, in such instance no refund will be given.

3.12 We reserve the right to conduct security searches to ensure the safety of our customers and staff; refuse you entry to and or to remove you from our venue or any performance in the following circumstances: (a) if you or any of your party behave in a way that will or may adversely impact upon the enjoyment of other people at our venue or any performance; (b) if in our opinion, you are acting unreasonably whether as a result of you being under the influence of alcohol or drugs or otherwise;(c) if you fail to comply with a security search; (d) for health and safety or security reasons; (e) if you do not produce a valid Ticket for the performance/ event upon request; or (f) if you fail to comply with, or if you are in breach of, any of these conditions;

3.13    We reserve the right to refuse to sell Tickets to anyone we believe to be purchasing for the purposes of resale. Unless given express permission by us, Tickets must not be resold or transferred for profit or commercial gain. If you do so, we will render the relevant Tickets void and the holder of the Tickets may be refused entry.

3.14    Subject always to Conditions 3.16, if we fail to comply with these Conditions, we shall only be liable to you for the price of the Tickets and any direct losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are also a foreseeable consequence of such failure.  All other liabilities of ours, of any kind whatsoever, are excluded to the fullest extent permitted by law.

3.15    We will not be liable for any travel or accommodation expenses incurred in any circumstances, including in the event that a performance is cancelled.

3.16    Nothing in any of these Conditions excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

 

  1. Ticketing

4.1 All tickets are subject to availability.

4.2 Every member of the audience must be in possession of a valid ticket. Altered or defaced tickets will not be valid.

4.3 It is a condition of sale in respect of all tickets that a ticket is only valid for admission to the performance/ event it was booked for. At no time must the ticket be sold at a higher price than that price paid for at Neath Port Talbot Theatres Box Offices. Any ticket which has been at any time sold in contravention of this condition is void and will not admit the holder to the performance.

4.4 Please check your tickets as mistakes cannot always be rectified.

4.5 Confirmation of receipt of your order by e-mail, does not guarantee the ticket sale (internet sales only).

4.6 Tickets may be exchanged for the same performance/ event for another day or another seat at the same price (or a higher price on payment of the difference). Tickets must be exchanged at the venue’s Box Office not later than 48 hours before the first performance. There is a charge of £2 per whole transaction for this exchange service. All Gwyn Hall Phoenix Members are exempt from this fee.

4.7 With the exception of a cancellation of a performance on ‘our ‘part, no refund or part thereof is available after a ticket is purchased.

4.8 If you purchase tickets on behalf of a group “you” accept the terms and conditions on behalf of the group and “you” are responsible for all payment due from the party.

4.9 If you need to change any details relating to your booking once it has completed it is “your” responsibility to inform Neath Port Talbot Theatres.

4.10 Duplicate tickets will not be provided in the case of a loss of the original ticket relating to a third party event or private hire.

4.11 All tickets are non-refundable and non-transferrable. If you have re-sold your ticket for commercial gain the holder of the ticket will be refused admission.

4.12 By placing your order you warrant that all details you provide to us for the purpose of booking, ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the ticket or service. If there are any changes to the details supplied by you it is your responsibility to inform us.

 

Returned Tickets for Re-sale
Gwyn Hall values theatregoers’ commitment in booking early and recognises that emergencies sometimes prevent attendance. The following service is available.

We may accept Tickets for re-sale, but we are not able to guarantee that any Ticket offered for re-sale will find a new purchaser and we reserve the right to sell other unsold tickets before we attempt to re-sell your Ticket.

Re-sales are undertaken at your own risk.

The re-sale service is only available if the relevant Tickets are first returned by you to the Box Office at least 24 hours before the commencement of the performance. If the Tickets for re-sale are successfully re-sold by us you will receive a credit note to the value of the tickets less a £2 admin fee.

If the Tickets are not re-sold by us no credit note will be issued.

You must contact us to see if the Tickets that you have asked us to re-sell have been re-sold, as we will not contact you.

We recommend that any Tickets sent to us for re-sale purposes are sent by recorded delivery because Tickets and their safe keeping are your responsibility whilst they are in the post. Tickets sent to us for resale purposes must be marked for the attention of the Box Office Manager.

 

  1. Ticket Prices

5.1 All payments must be validly received by Neath Port Talbot theatres before a valid ticket will be issued

5.2 The ticket prices will be as quoted on our website and other promotional material, except in cases of obvious error.

5.3 Ticket purchases may be subject to handling charges and/or postal charges, which are detailed on our website

5.4 Ticket prices are subject to change at any time, but changes will not affect orders in respect of which we have sent out “you” a booking confirmation, except in the case of an obvious error.

5.5 For bookings made online over the Celtic Leisure Gwyn Hall websites, Neath Port Talbot Theatres accepts payments of Visa Debit, Visa Credit and Mastercard.

5.6 For bookings made at the Box Office in person Neath Port Talbot Theatres accepts Cash, Cheque, Visa Debit, Visa Credit, Mastercard and Credit Vouchers.

5.7 How are ticket prices determined? Our ticket prices are set at the programming stage and are kept in line with our pricing policy set by the General Manager, but in some cases, we sell tickets on behalf of our clients including concert/show/ event organisers, artists and venues. Our clients decide the face value price of the tickets and when a ticket is sold, we pay our clients the money collected from the sale of that ticket.

5.8 All prices set are inclusive of any applicable taxes but exclusive of any administration or delivery fee.

5.9 The ticket face value price is set by the General Manager or by the client.

5.10    We reserve the right to place restrictions on the number of Tickets ordered.

 

  1.  Ticket Levy

6.1 This fee contributes to our ticket retail, distribution and technology costs. The amount of these fees helps us cover the costs of printing the tickets and technology costs. Alongside other revenues, it helps us to stay an effective business, which in turn, allows us to reinvest in our technology and the services we provide. Our Ticket Levy is currently 10% Levy fee per ticket for live events, 50 pence nominal fee for cinema.

6.2 Neath Port Talbot Theatres may also act as an agency selling tickets for outside events and events at other venues, and usually the same ticket levy fees and delivery fees will apply, but this may be varied from time to time.

6.3 Refunds of the Ticket Levy will only be applicable in the event of the performance/ event being cancelled by us.

6.4 Private Hires – We reserve the right to charge the hirer a fee equivalent to the Ticket Levy for any tickets sold outside of the Box Office in excess of 25% of the agreed house capacity for that performance. This means that if only the stalls have been available for sale then the house capacity would be 184 and 25% would be 46tickets exempt from the levy. If the stalls and circle are available for sale, house capacity would be 334 and 25% would be 83 tickets exempt from the levy.

If more than 25% of agreed house capacity for that performance are sold then the levy will apply to the tickets in excess of the 25%.

6.5 Ticket Levy – A 10% ticket levy is applied to ticket purchases made for live events, 50pence nominal levy for cinema events through Box Office. The fee of 10% or 50pence is charged per ticket on all purchases made via phone, online or from the Box Office and is in-line with current industry practice for theatres and venues. The ticket levy ensures that our attendees can book tickets in the most efficient way possible.

6.6 What is a Ticket Levy? A ticket levy is charged on the transaction regardless of the quantity of tickets being purchased. This fee helps to helps us cover the costs of printing the tickets and technology costs.

6.7 Why do you have a Ticket Levy? The typical range of various fees charged by ticket providers include a ticket levy, handling charge, credit card commission, processing fee, service fee, etc. By introducing a ticket levy we ensure that our patrons can book tickets in the most efficient way possible.

6.8 How does the Ticket Levy benefit the customer? The main benefit is that Neath Port Talbot Theatres continues to sell tickets and keep the use of ticket agents to a minimum. The ticket levy is a vital part of the business and ensures that we continue to offer the best customer service, operating a modern, efficient box office service.

6.9 What is the Ticket Levy for? A Ticket Levy is added to ticket purchases to help cover the cost of providing a box office service – the costs of IT technology and maintenance, software, website development, telephone system, staff, communication, financial charges, etc. The fees cover the administration costs and overheads associated with each ticket sale and, in addition, Neath Port Talbot Theatres provide a service to customers with the knowledge of the venues and of our customers.

6.10 Why not incorporate these costs into the ticket price? These costs cannot, as a rule, be incorporated into the ticket price due to variety of complex and historical financial arrangements with a wide range of different promoters. The majority of monies earned from the price of a ticket go directly to the promoter and so any increase in ticket cost without a major change in the culture of the financial arrangements in the leisure and entertainment business would benefit the promoter only, rather than the venue. It is for this reason that the majority of presenting theatres charge fees on top of the ticket price.

6.11 Is the Ticket Levy always the same no matter how I buy my tickets? The Ticket Levy is applied as a % or nominal fee to all ticket pruchases regardless of payment method, which include cash, credit/debit card and cheque.

6.12 What about Gift Vouchers? The ticket levy is applied to tickets, when using a gift voucher at the point of sale, in line with all other payment methods.

 

  1. Ticket collection or delivery

7.1      If you select to receive your tickets by post we will aim to dispatch your tickets within 7 days by 2nd class post to the delivery address you stated at the time of booking. If you require the tickets to be delivered to an alternative address please let us know at the time of booking. Although we aim to dispatch your tickets within 7 days in certain circumstances this may not be possible, so please allow as much time as possible for the arrival of your tickets.

7.2      We are encouraging e-tickets for any tickets purchased online and at the Box Office, which you will receive within a few minutes of completing the transaction. These can be added to your Apple Wallet, printed at home or you can just show the order on your mobile phone. This service is free of charge.

7.3      If you have not received your tickets within 4 days of the performance, please contact us by email or telephone the appropriate venues Box Office (details can be found under condition 18) and inform a member of the Box Office staff.

7.4      If you would prefer to collect your tickets in person or if you are booking tickets 7 days before your chosen performance you may collect your tickets from the Box Office. Visit the venues website for opening hours and details of when you will be able to collect your tickets from the Box Office. You will need to bring proof of identity or additional information when collecting your tickets to prevent possible fraud.

7.5      If you have decided to collect your tickets from the Box Office, please note that your tickets will only be available from the hosting venue e.g. if you purchase tickets for a show at The Princess Royal Theatre your tickets will only be available from that venue.

7.6      Please check your tickets as soon as they arrive by post (if you have chosen this method of delivery), when collecting them at the Box Office or when your e-ticket is received as errors are difficult to be rectified closer to the performance due to seating arrangements, capacities and possible sell outs.

7.7      We disclaim liability for loss of tickets in transit. All details of sale are retained at Box Office and tickets can be reprinted in certain circumstances, but postage will not be reimbursed.

Delivery Options

In light of the Coronavirus pandemic, we have revised our delivery methods, taking guidance from SOLT and UK Theatres.

We are encouraging e-tickets for any tickets purchased online and at the Box Office, which you will receive within a few minutes of completing the transaction. These can be printed at home or you can just show the order on your mobile phone. This service is free of charge.

For any tickets purchased via the online Box Office, e-tickets will be the default delivery method, as this is the safest way to receive your ticket. This will mean less queueing and fewer bottlenecks at our box office/ cafe, there will be minimal ticket-handling between staff and customers and therefore increased personal hygiene and safety.

For those customers who do not have access to a device suitable for e-tickets, we can post tickets out to a UK address at a charge of £1.50 per order. For orders placed within the week of the performance and where there is not sufficient time to receive the tickets via post, tickets can be collected pre-show on the day of the event. Visit the venues website for opening hours and details of when you will be able to collect your tickets from the Box Office.

 

  1. Faulty digital content—consumers

This condition only applies to you if you are a consumer.

8.1       The digital content that we provide to you via our website must be as described, fit for purpose and of satisfactory quality.

 

8.2       This is a summary of some of your key rights. They are in addition to your statutory rights as a consumer. For more detailed information on your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 03454 04 05 06

 

  1. Group Bookings

9.1 Group leaders (including school parties) are responsible for the conduct of their party. Neath Port Talbot Theatres accepts no responsibility for the supervision of people in your care. You must ensure that adequate numbers of supervisory staff accompany the group. The group or some of them will be asked to leave the venue if the performers or audience are disturbed by them.

9.2 Group discounts of 10 or more are available on certain performances, please check with the Box Office prior to booking as discounts and mistakes will not be permitted after the tickets have been purchased.

 

  1. Infants and Children Policy

10.1 We ensure we can be as family friendly as possible and welcome the attendance of children at most performances/ events.

10.2 Children reductions are offered on certain performances to young people up to the age of sixteen. You should make no assumption that the availability of a child reduction means that you would find the performance/ event suitable for all persons within this category. As parents / guardians views as to what is suitable for a given age range varies considerably, you must satisfy yourself as to a shows suitability by enquiring first at the Box Office.

10.3 We do not believe that all performances/ events are suitable for very young children. You may be asked to remove an unsettled or crying child accompanying you who is disturbing the performers or audience from the auditoriums.

 

  1. Marketing

11.1 Whilst every effort is made to ensure that all promotional information supplied is accurate, you are advised to take appropriate precautions to verify such information. To the extent permitted by law Neath Port Talbot Theatres expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned by the user’s reliance on any statements, information or advice contained in Neath Port Talbot Theatres print, on the website or any other promotional material generated by the organisation. ‘We’ accept the right to alter and amend details where there are obvious errors.

 

  1. Data Protection

12.1 We will take all reasonable steps to ensure the security of your personal data held by us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available on our websites (see Website Use for details) which explains what information we collect and hold about you, and how we collect, store, use and share such information.

12.2 We processes personal information in accordance with the principles set out in the Data Protection Act 2018 and the Retained General Data Protection Regulation (UK GDPR).

12.3 When making a booking with Neath Port Talbot Theatres ‘your’ personal information will be stored on the Box Office computer system for administrative purposes. If you have chosen to receive information from us we will send you updates on performances/ events. that we think you may enjoy in relation to your previous bookings. You are able to opt out of receiving information from us at any time either by logging into your online account or calling the Box Office

 

  1. Events outside our control

13.1    We will not be liable to you if we are unable to perform any of our obligations under these conditions by reason of any event or circumstances beyond our reasonable control including without limitation, acts of God (including fire, flood, earthquake, windstorm or other natural disaster); pandemic/epidemic; war or the threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, voluntary or mandatory compliance with any law, governmental order, rule, regulation or direction, fire, explosion or malicious or accidental damage, terrorist attack, civil war, civil commotion or riots, adverse weather conditions, nuclear, chemical or biological contamination or sonic boom, collapse of building structures, failure of computers or equipment; any labour dispute, including strikes, industrial action or lockouts, or interruption or failure of any utility service, including electric power, gas or water.

 

  1. Entire Agreement

14.1    These conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior arrangement, understanding or arrangement between us, whether oral or in writing.

14.2    We each acknowledge that, in entering into these conditions, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these conditions.

 

  1. Right to vary these conditions

15.1    We have the right to revise and amend these conditions from time to time to reflect changes in market conditions that affect our business; changes in technology; changes in payment methods; changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

 

  1. Severability

16.1    If any of these Conditions (or part thereof) is held by any court or other competent authority to be invalid, void or unenforceable it shall be deleted, and the remaining conditions shall continue in full force and effect and if necessary be amended so far as may be required to give effect to these conditions.

 

Website Use

  1. Links to Third Party Sites

17.1 The venues websites are managed and populated by Neath Port Talbot Theatres may sometimes contain hyperlinks to websites operated by third parties other than Neath Port Talbot Theatres. The operation of such websites is outside of “our” control and you proceed at your own risk. “We” do not endorse or sponsor and are not liable for any content, products or services you access through any linked sites.

 

  1. Contact and Complaints

If you need to contact Gwyn Hall or Neath Port Talbot Theatres, or if you wish to complain about your experience at one of our venues, your experience when purchasing tickets or your experience of using the website, you can do so through the following methods:

  • Email: gwynhall@celticleisure.org
  • Telephone: The Gwyn Hall 0300 365 6677

Pontardawe Arts Centre 01792 863722

The Princess Royal Theatre 01639 763214

By Letter: The Gwyn Hall, Orchard Street, Neath, SA11 1DU
The Princess Royal Theatre, Civic Centre, Port Talbot, SA13 1PJ
Pontardawe Arts Centre, Herbert Street, Pontardawe, SA8 4ED

 

  1. COVID-19

For the purposes of this section “COVID-19” means the global outbreak of the respiratory coronavirus disease known as COVID-19 and the virus known as severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), confirmed as a pandemic by the World Health Organisation on 11 March 2020, and any subsequent waves or derivatives of the same.

 

19.1    You are required to observe and comply with all laws, regulations, rules and requirements relating to COVID-19 and which Neath Port Talbot Theatres have adopted as part of its operations at Neath Port Talbot Theatres including but not limited to wearing of face coverings where applicable (“COVID-19 Measures”). Neath Port Talbot Theatres will communicate the COVID-19 Measures to you from time to time including and without limitation via pre-Event emails, its social channels, Neath Port Talbot Theatres websites and/or as instructed by venue stewards and staff. This section 19.1 is without prejudice to Neath Port Talbot Theatre’s rights and your requirement to observe and comply with all rules and regulations shown on notices at Neath Port Talbot Theatres and to comply with all instructions given to you by venue stewards and staff.

19.2    Neath Port Talbot Theatres reserve the right to alter or remove its COVID-19 Measures (and this section 19) at any time in response to the latest guidance or legislation from the UK Government or as otherwise deemed necessary by Neath Port Talbot Theatres in its discretion.

 

19.3      Neath Port Talbot Theatres reserve the right to eject you from Neath Port Talbot Theatres or to refuse your entry to the venue if, in our reasonable opinion, you are refusing to comply with any COVID-19 Measures without reasonable grounds.

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