Henley Festival Trust – 2021
Please read these Terms and Conditions carefully as it is important you understand the contractual relationship you are entering into by purchasing a ticket by telephone, over the counter or via our website. Membership Terms and Conditions are included.
It is important that if you are buying tickets on behalf of other people you must make them aware that they are also bound by these Terms and Conditions.
1. Definitions and Interpretations
In these conditions these words have the following meaning:
“The Company” Henley Festival Trust or its affiliates.
“The Contract” The contract under which the company sells Tickets to the clients.
“The Client” The persons, individual firm, company or other party with whom the Company contracts.
“The Event” The day or days of the Henley Festival or other events sold by Henley Festival in connection with which the Company sells Tickets to the Client.
” The Festival Site” The site within the Stewards and Public Enclosures of the Henley Royal Regatta, off Whites Hill, RG9 2LP, on which the Henley Festival is produced. ”Holding Fee” The amount of £100 ( one hundred pounds sterling) by way of deposit taken to secure Hospitality Bookings. ”Memberships” Participation on our annually renewable Friends' scheme either as a Bronze, Silver, Gold or Platinum Friend. Or Patron or Classical Club Member.
“Tickets” Tickets to the Event and any other related services including restaurant bookings, parking and moorings at the Event sold by the Company to the Client in accordance with the Contract.
“Supply” includes any sale of Tickets and other services under the terms of the Contract between the Company and the Client.
“Restaurant Bookings” reservations at a restaurant at the Event which can only be purchased in conjunction with a valid Festival Ticket. ”RG9 Season Ticket” A season ticket bought annually by adults (over the age of 18) residing in the postcode RG9 providing one General Admission ticket to each night of the Festival. ”Wristbands” or other means of identification given out in return for a valid festival ticket.
2. Contract Terms 2.1 The Contract will only come into existence once the Company has received and issued a Sale Confirmation and received payment in full for the Tickets. The Company will not be under any obligation to the Client until the Contract comes into existence. 2.2 The Contract and the Client is also subject to these Ticket Terms and Conditions of Sale and unless otherwise agreed in writing by the Company these conditions will override any terms or conditions stipulated in or referred to by the Client in its order or in any pre Contract negotiations or post Contract correspondence or exchanges. 2.3 Any description or specification contained in the Company’s brochures, catalogues, price lists or other advertising materials is intended merely to present a general picture of the Event and will not form a representation or be part of the Contract. 2.4 The Company reserves the right to correct any clerical or
typographical errors made by its employees, agents, subcontractors or suppliers at any time and such error will not form part of the Contract. 2.5 A completed request online by phone or in person to purchase Tickets by the Client shall be deemed as acceptance of these Terms and Conditions.
3. Ticket Types 3.1 There are 4 types of Adult ticket available to those over the age of 18: a) Grandstand Ticket – entitles entry to an allocated seat in the Grandstand with access to the Henley Festival enclosure; b) Lawn Ticket – entitles entry to an allocated seat on the Lawn with no cover and with access to the Henley Festival enclosure; c) General Admission Ticket – entitles entry to the Henley Festival enclosure but no access to the Grandstand or Lawn seating areas for the Headline Floating Stage Concert. d) RG9 Season Ticket – allows you as an adult over the age of 18 to use 1 x General Admission ticket for each night of the festival. This ticket does not include entrance to any of the Weekend Daytime Events. The option to add bookings for restaurants, moorings and car parks to your RG9 Season Ticket can only be made once the full Henley Festival programme has been announced (subject to Friends Priority Booking and availability). Additions can only be booked by telephone on 01491 843 404, or in person at the Box Office (not online). e) If you hold an Adult ticket but cannot satisfy the Clause 4.5, you will receive an ‘Under 18's' wristband. 3.2 – There are 3 types of ‘Under 18's' tickets available to those under the age of 18, which can only be purchased by a responsible adult aged over 18 . Please see Clause 5 for other applicable age limits. a) Grandstand Ticket – which entitles entry to an allocated seat in the Grandstand with access to the Henley Festival enclosure; b) Lawn Ticket – entitles entry to an allocated seat on the Lawn with no cover and with access to the Henley Festival enclosure; c) General Admission Ticket – allows access to the Henley Festival enclosure but no access to the Grandstand or Lawn seating areas for the Headline Floating Stage Concert. d) An Under 18's wristband will be given out at the festival entrance upon arrival, subject to Clause 4.4. 3.3 – All tickets, price types and concessions are subject to availability where applicable and can be changed or withdrawn without prior notice by the Festival and any changes, offers, issued by the Henley Festival do not apply to Tickets already purchased. The Company reserves the right to introduce offers and price changes without prior notice. The price of the Tickets shall be the price set at the time the Company confirms an order. Where a concession is claimed proof of identity and concession entitlement may be required. 3.4 – Restaurant bookings must be made in conjunction with a Ticket purchase. Payment is requested at the time of booking. Hospitality bookings are subject to a holding fee which is non refundable.
4. Tickets and Entry 4.1 – Other than for weekend daytime events, the Event has a strict code of black tie for gentlemen. Ladies may wear long or short evening wear and cocktail dresses. The Company reserves the right to refuse admission to those not adhering to the dress code. 4.2 – A valid Ticket must be presented in order to enter the Event. 4.3 – Once Tickets have been received please check that they are correct. If Tickets are incorrect or incomplete the Box Office must be advised within 48 hours of receipt. Mistakes cannot be rectified later. Tickets must be kept safe. Lost or forgotten Tickets will not be replaced or refunded. 4.4 – Wristbands will be given to Festival attendees at the Event entrance upon presentation of a valid Ticket. Wristbands must be worn throughout the evening and Tickets retained. Wristbands must not be undone. Wristbands cannot be replaced. If wristbands are tampered with they become invalid and will lead to the inability to access the Event. 4.5 – Challenge 25 – Anyone who appears under the age of 25 on the site and any authorised areas must produce ID or a proof of age card in order to receive an Adult Wristband. If they are unable to produce ID, an Under 18’s wristband will be issued. If you hold an Adult ticket but cannot satisfy proof of age, you will receive an Under 18 wristband
and replacement ticket. 4.6 – The only suitable forms of ID that are acceptable include: o Passport o Photo card driving licence issued in any EU country (provisional driving licences are also acceptable) There is an ID checkpoint at the festival entrance. 4.7 – With the exception of registered assistance dogs, no other dogs are permitted within the Festival enclosure. This applies to both evening and weekday daytime Events. Please remember that the Event is a busy, noisy and lively environment. Dog owners and handlers are responsible for clearing up after their dog. Please advise the Box Office in advance of visiting the Event with a registered assistance dog. 4.8 – Tickets must be bought or obtained only directly from us or our Official Partners. We reserve the right to refuse to sell or distribute to individuals, companies or agencies who we suspect have resold, or intend to resell Tickets or who we suspect have otherwise contravened, or intend to contravene these Terms or the terms and conditions of our Official Partners
5. Age Limits With exception to the Family Sunday the following age limits apply: a) Wednesday 15th September, Thursday 16th September and Friday 17th September, children must be 14 years and over; b) Saturday 18th September and Sunday 19th September, children must be 12 years and over. c) Proof of age may be required upon entry. d) Children under 18 years must be accompanied by an adult at all times. e) It is the responsibility of the adult Ticket holder to check the age limit before purchasing Tickets. f) The Event may occasionally contain performances unsuitable for children. The performances may contain swearing and feature material not suitable for children but cannot be predicted and be classified due to the nature of live performance.
6. Family Sunday 6.1- Sunday 19th September 2021 typically 11.00 a.m. – 2.30 p.m. 6.2 -Ticket types: Child, Adult, Senior (individual tickets), Family Ticket (entry for up to 5 people, at least one of whom must be under 16 years of age) Under 3's go free 6.3- Food and drink will be available to purchase inside the venue – picnics are not allowed within the enclosure but can be taken in the car park. 6.4 – Refreshments for under 3's only may be brought into the festival site. 6.5 – Free car parking is available until 3.00pm. After this time, cars not showing a valid pass may be subject to a parking fine. 6.6 – Children under 18 years must be accompanied by an adult at all times. 6.7 – Please refer to our website for full programme information and timings, which may vary from those listed here: www.henley-festival.co.uk
7. Behaviour Guidelines 7.1 No food, drink, tables or seating may be brought into the festival site. 7.2 Latecomers to the main stage concert may be requested to await admission to the seating areas until a suitable break in the performance. The Company reserves the right to refuse entry or request that Ticket holders leave the Venue at any point on reasonable grounds including for health & safety, licensing or where we believe other Festival attendee's comfort, enjoyment or security may be affected. 7.3 Any aggressive or abusive behaviour directed towards Company staff or contractors will not be tolerated. Company staff, contractors and fellow Festival attendees should be treated with respect. We operate a zero tolerance policy and failure to comply with this will result in removal from the Festival site. The Company will take any appropriate action to enforce this right. 7.4 The use of camera, audio, video and any other recording equipment for commercial purposes is not permitted. Any attempt to film, record or take pictures of any performances, exhibitions, demonstrations or presentations at the Event may lead to the confiscation of any equipment or film by the Company. 7.5 – By being present at Henley Festival you consent to being photographed, filmed and/or recorded. You give all necessary consents under the
Copyright, Designs and Patents Act 1988 in respect of any photograph, film or recording that may include you and agree not to assert any moral (or similar) rights. Henley Festival shall therefore be entitled to make or authorise full use of any photograph, film or recording in which you are included in all media worldwide without any liability or payment to you. 7.6 – Alcohol may only be consumed in the public bars, restaurants and other authorized areas. See 4.5 Challenge 25 7.7 – Smoking is not permitted within the Grandstand and lawn seating areas, indoor bars, restaurants and indoor venues. 7.8 – All ticket holders must comply with all relevant statute, safety announcement and venue regulations while attending the event. 7.9 – Special effects may feature at the event and may include but not be limited to sound, audio visual, strobes, pyrotechnics or other lighting effects. Please contact the box office for further advice. 7.10 – The following items are prohibited (”Prohibited Items”) within the Venue: Any objects or clothing bearing political or offensive statements or commercial identification intended for Ambush Marketing, large flags, banners, rattles, fireworks and other explosive devices, flares, pyrotechnics, air horns, musical instruments, klaxons, smoke canisters, laser pointers, cooking devices, bicycles, skates, articles which could or might be used as a weapon (including firearms and any sharp or pointed objects such as knives) – and any other item which in the reasonable opinion of the Company could be used as a weapon or cause nuisance or harm to others. 7.11 – If you are found with a Prohibited Item, this item will be confiscated by authorised personnel and you may be ejected from the Venue or refused entry into the Venue. The item will be disposed of without compensation unless you return the item to a safe place. 7.12 – You must not undertake any Ambush Marketing. 7.13 – You must not breach or infringe the rights of any sponsors, suppliers, broadcasters or other parties commercially associated with the show. 7.14 – You must not (unless authorised by us in writing in advance) conduct promotions or commercial activity, including the distribution or offer for sale, of any newspaper, periodical, drink, food, merchandise, ticket or any other article. 7.15 – You must not ( unless authorised by us in writing in advance) conduct a charitable collection. 7.16 – The Company will not be liable for any loss, theft or damage to any person who enters the Venue, or their personal belongings or property or any vehicle or its contents in any car park, however caused, save for any death or personal injury as a result of our negligence or other breach or statutory duty, or other type of liability which cannot by law be excluded or limited. 7.17 – You enter the Venue at your own risk.
8. Prices 8.1 All prices quoted are inclusive of VAT and any other duties & taxes. 8.2 – A Booking Fee of 6% is added to all ticket prices other than the RG9 Residents 5 Night Season Ticket where the booking fee is included.
b) We collect and use the following information about you. Name Address and postcode Email address Telephone numbers Bank and/or credit card details Membership number (if applicable) c) We also create information about you that becomes your personal data such as; visits to, comments and requirements at Company shows or events and obtain potential indicators of your Show or event interests. We will retain this information for up to four years. Where you have bought Show or event tickets from us, the Company may rely on our legitimate interest to communicate with you about other Company Shows or events or offers that you may be interested in, this may be via postal or email communication. You can unsubscribe to emails from us by clicking on ‘unsubscribe' in our email. You can also decide how to hear from us at any time by going to our website or contacting our team on 01491 843400 or by emailing firstname.lastname@example.org You can also object to the way we process your data or exercise your rights under Data Protection by contacting the HFT Data Protection Officer at – email@example.com.
11. Cancellation 11.1- The Company may cancel the contract for any reason. 11.2 The Client may not cancel this Contract and Tickets are not refundable.
12. Liability 12.1 The Company will not be liable for any loss or damage whatsoever if: a) the Event is cancelled for any reason including adverse weather b) scheduled participants and/or performers in the Event are changed c) the time, date or venue of the Event is changed d) the Company is unable to provide the Tickets due to circumstances beyond its reasonable control
12.2 Where the Company contracts with third parties in order to provide some or part of the Tickets the Company will not have any liability in respect of any direct or consequential loss or damage arising out of or in connection with the provision of some or part of the Tickets by such third parties. 12.3 The Company will have no liability at all in respect of the Tickets which are the subject of the Contract to any individual firm, company or other person other than the Client. 12.4 Any liability of the Company to the Client arising out of any breach of the Contract and/or the Company’s negligence will be limited to the price of the Tickets. The Company shall have no further or other liability in respect of direct or consequential loss or damage sustained by the Client. This clause is without prejudice to any liability of the Company for death or personal injury arising out of the negligence and wilful default of the Company, its services, employees, agents or subcontractors. 12.5 The Client shall indemnify the Company against all costs, expenses, actions, claims and demands made or alleged by any person, firm, company or other party resulting from any action, omission or representation by the Client or any breach of these conditions by the Client.
13. Variation of Arrangements 13.1 Where the Event is cancelled or the Venue of the Event is changed or rescheduled the Company will use its reasonable endeavours to offer the Client an appropriate and acceptable Event date, Event or Venue as the case may be. For this purpose “acceptable and appropriate” is a change which in the opinion of Henley Festival Trust is reasonable in all circumstances. 13.2 Subject to Clause 13.1 Tickets are not refundable.
14. Assignment 14.1 The Client shall not be entitled to assign, transfer or part with the benefit of the Contract in the Tickets supplied under the Contract but shall only use the Tickets for its own benefit and for its invitees who shall not under any circumstances have been charged by the Client.
15. Moorings 15.1 Boats or vessels can only be moored within the Festival enclosure or authorised area if a valid permit has been purchased and is displayed. 15.2 All persons on a moored boat or vessel must
be in possession of a valid ticket and wristband for that day of the Festival and abide by the Festival dress code. 15.3 Moorings are not transferable only the purchase of the permit and the boat or vessel named on the permit may moor and have the benefit of the mooring. 15.4 For safety reasons and to avoid damage to third party vessels, no double mooring is allowed – anyone found allowing or benefiting from a double mooring will be asked to leave and have any mooring permits for subsequent evenings revoked without refund. 15.5 Anchors are not to be used. Mooring lines must be deployed in order to not inconvenience or impede other users of the river and towpath or pontoons. 15.6 No BBQ's or naked flame to be used on moored vessels, or pontoons or the towpath. 15.7 All litter must be taken away from the Festival site. 15.8 All boats or vessels must display a current Environmental Agency Licence and have suitable marine insurance including third party liability cover, in excess of £1million. 15.9 Where applicable boats or vessels must comply with the requirements of the Boat Safety Scheme. 15.10 All boats or vessels navigating on the river after dark must be equipped with the correct type of navigation lights to comply with the Environmental Agency Regulations. Vessels not equipped will not be allowed to navigate after dark. 15.11 No food or drink from a moored boat or vessel should be consumed outside of the moored boat or vessel. 15.12 Boat and vessel owners or users and passengers use the river and the moorings at their own risk and Henley Festival accepts no liability for any lack of or availability of facilities, loss or damage to boats vessels and property and persons or accepts any third party liability whatsoever. 15.13 Henley Festival reserves the right to vary these conditions at any time and purchase and use of permits and Tickets to the Festival is taken as acceptance of these conditions.
16. Car Parking 16.1 The car park opens at 4.00pm each afternoon. 16.2 People using the Event car parks do so at their own risk. The Company will not be liable for loss or damage to any vehicle or the contents thereof or death or injury howsoever caused. 16.3 No BBQ's or naked flame to be used in any of the car parks 16.4 Gazebos may be erected in the car parks for picnics but must be dismantled and removed the same evening. Property left out overnight will be removed by the Company. The Company will not be responsible for the loss or damage to any property. 16.5 The Festival has a precautionary wind policy for temporary buildings which includes gazebos, umbrellas and marquees. When gazebos, umbrellas or marquees are erected, users must take the direction of Festival staff in order to ensure they are safe or to dismantle them should our precautionary wind policy be activated. 16.6 Vehicles may be left in the car parks overnight but must vacate the site by 12 noon the following day. All vehicles are left at the owner’s risk. The Company takes no responsibility for vehicles left overnight. 16.7 Emergency access routes must be kept clear at all times.
17. Friends of the Festival – Terms and Conditions 17.1 Whilst we endeavour to accommodate all requests, Memberships do not guarantee availability of Tickets, Moorings or Restaurant bookings. 17.2 Memberships are valid until the 31st October at which point all memberships will lapse unless they are paid for by Direct Debit when they will be renewed automatically on or around 1st November. 17.3 The Company reserves the right to terminate memberships at any time or for any reason. 17.4 The cost in each case is a non-refundable donation to the Henley Festival Trust. 17.5 Membership purchases are final and cannot be refunded. Clients must ensure that they are happy with their selection before confirming payment.
18. General 18.1 These conditions in the Contract are governed by English Law and fall party to the Contract agreeing to submit to the non-exclusive jurisdiction of the Courts of England and Wales. 18.2
The headings in these conditions are inserted for convenience only, they are not to affect their interpretational construction. The Parties will submit to the jurisdiction of the English Courts. 18.3 If any provision of these conditions becomes illegal or void for any reason the validity of the remaining provisions shall not be affected. 18.4 Failure by the Company to enforce strict compliance with these conditions by the Client will not constitute a waiver of the Company’s rights under any of the conditions. 18.5 Your Tickets and Event information will be dispatched as soon as possible before the Event providing full payment has been received. 18.6 All accounts or services provided at the Event which are not covered by the Tickets are due for payment at the time. 18.7 The Company has no responsibility for any property or personal effects left at the Event. 18.8 If Tickets are to be posted to the Client rather than collected by the Client then risk in the Tickets shall pass to the Client upon the items being posted to the address given by the Client. The Company shall not be liable for any loss, damage or cost arising by non-delivery. Lost Tickets will not be replaced. 18.9 Tickets can be held for collection at the Henley Festival Box Office. Please check your confirmation email regarding timings. If you are collecting your Tickets from the Henley Festival Box Office a copy of your Ticket confirmation and the card used to purchase the Tickets must be provided. Tickets can also be collected on the evening from the Henley Festival Site Box Office located at the Main Festival Entrance.