TERMS AND CONDITIONS OF ENTRY TO PRESENTS GALORE
VENUE – THE ROWLEY MILE, NEWMARKET RACECOURSES
IMPORTANT – PLEASE READ
· These terms and conditions of entry (“Conditions”) apply to all persons entering the event (Attendee or you) known as Presents Galore (the Event). These Conditions are issued by Racing Welfare (the Operator or we), in accordance with Jockey Club Racecourses (the Racecourse). Acceptance of these Conditions will result in a legally binding contract between you and the Operator which include the terms of the licence which we have granted to you to enter the Event.
· It is your responsibility to familiarise yourself with these Conditions.
· These Conditions may also be referred to as Entry Contract. These Conditions apply to all persons entering the Event.
· If you do not understand or have any questions relating to these Conditions you should contact the Operator without delay for clarification.
· Every Attendee entering the Event shall be deemed to have accepted all of The Conditions.
· Entry to the Event shall be at our discretion. We reserve the right to refuse entry to or expel any person from the Event in accordance with these Conditions.
· The use of recording or communications equipment (e.g. cameras, video cameras, mobile phones, tablets and laptops) is strictly regulated by these Conditions. You must not use or make available any photograph or video footage for commercial purposes (whether or not you receive payment in return).
· Our liability under these Conditions is limited.
· We reserve the right to search you and your belongings at any time whilst you are at the Event. If you refuse a request to search you or your belongings, we might require you to leave the Event.
· You must not bring alcohol into the Event, unless this is specifically permitted by the Operator. You can return the items to your car, or we will confiscate and dispose of any alcohol purchased off the premises that is not permitted by the Operator. Please see Condition 9. The following Conditions apply to all Attendees.
1. The Effect of these Conditions and Variations 1.1 All Attendees who enter the Event (including all surrounding land, car parks and other facilities which are under the ownership and/or control of Jockey Club Racecourses) shall be deemed to have accepted these Conditions. Attendees are admitted to the Event strictly subject to these Conditions. There are no exceptions. 1.2 Whilst these Conditions are intended to be comprehensive, Attendees are admitted to the Event on the basis that they will comply with both the letter and the spirit of these Conditions. 1.3 All Attendees are permitted access to the Event at our discretion and must conduct themselves on the Event in accordance with all reasonable rules, requests and guidelines which we may publish and impose from time to time. We reserve the right to amend and supplement these Conditions by publishing additional and supplementary conditions and guidelines from time to time (Variations). Variations will be effective to vary these Conditions on such basis as we may stipulate and may be of permanent or temporary effect. We will take all reasonable steps to bring any Variations to your attention.
2. Tickets to enter the Event shall only be purchased or allocated by an authorised source approved by the Operator.
2.1 The contract for purchase of a ticket starts once the operator has confirmed the purchase and ends immediately after the completion of the event for which the ticket was purchased. All purchases are subject to payment card verification and other security checks and the transaction may be cancelled if it has not passed the operators verification process.
2.2 The attendee agrees not to obtain or attempt to obtain any tickets through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity. The Operator reserves the right to cancel any transaction which they reasonably suspect to have been made in breach of these provisions without any notice to you and any and all items purchased as part of such transaction will be void.
2.3 The Operator reserves the right to cancel bookings which we reasonably suspect to have been made fraudulently.
2.4 Purchases from the Operator may be subject to a “per item” handling fee and booking fee.
2.5 The price of tickets may vary as it is set according to demand at the time of purchase. You pay the price displayed on our website at the time you make your purchase but the price of similar tickets may increase or decrease after you have made your purchase. You will not be entitled to a refund if the price of tickets subsequently falls.
2.6 Whilst the operator tries to ensure that all prices on our website are accurate, errors may occur. If an error in the price of the item that is ordered is discovered, the operator we will inform you as soon as possible and give you the option of reconfirming the order at the correct price (and credit or debit your account as applicable) or cancelling the order. If the operator is unable to contact the purchaser, the order shall be treated as cancelled. If the purchaser chooses to cancel after you have already paid the incorrect price, you will receive a full refund from us.
2.7 Once a ticket is purchased the attendee is are not entitled to cancel the purchase.
2.8 Advertised start times of events are subject to change.
2.9 Tickets shall not be: (a) transferred, sold or offered for sale: (i) if prohibited by law; (ii) to anyone under the age of 18; or (iii) in the course of any business whatsoever; (b) coupled or bundled with any other product or services or used for any commercial or promotional purpose whatsoever; or (c) offered or obtained as a competition prize, without our consent (which may withhold in our absolute discretion).
2.10 Any Ticket obtained in breach of Condition 2.1 shall be void. Any person seeking to use a void Ticket may be refused entry to, or ejected from, the Racecourse without refund and may be subject to legal action.
2.11 All Tickets issued by the Operator or on its behalf shall remain the Operator’s property at all times. The Operator reserves the right to require the immediate return of a Ticket at any time.
2.14 The Operator may retain records of any suspected misuse of Tickets or other documents or entitlements to enter the Event.
2.15 These Conditions apply to all Attendees irrespective of whether or not an Attendee has paid for admission and whether or not an Attendee has been issued with a Ticket or other document or entitlement to enter the Event.
2.16 These Conditions apply in addition to any other terms and conditions imposed on ticket holders or other entitlement that may have been issued or granted. These Conditions shall apply in preference to any conflicting provisions in such other terms and conditions.
2.17 No refund shall be given in respect of any unused part of any Ticket (See Condition 13 – Abandonment).
2.18 Except for circumstances where we offer you refunds in accordance with clause 13 we regret that tickets cannot be exchanged or refunded after purchase.
2.19 All pre-purchase tickets for the Event will be PRINT AT HOME. You must bring this with you to the event and show your Ticket to the Operator on demand.
2.120 Purchasing a Ticket to the Event entitles the purchaser to unlimited free return throughout the duration of the Event. All tickets must retained for scanning in and out of the Event if returning.
2.21 Any persons being seen or suspected of purchasing tickets from an unauthorised source (Ticket Touts) will be refused entry into the Event.
3. Lost or Stolen Tickets
We accept no responsibility for lost or stolen tickets. We are not obliged to replace lost or stolen tickets. If we decide to replace a lost or stolen ticket we may charge a replacement fee to you.
4.1 Permission to enter the Event does not constitute guaranteed entry to the Event, any particular area of the Venue or any racecourse buildings or facilities. We reserve the right to refuse or condition access to areas of the Event from time to time and on a temporary or permanent basis.
4.2 Unless we give specific permission, you are prohibited from entering any areas of the Racecourse not in use for the Event including but not exclusive to any areas marked private, ‘officials only’, or to which we may otherwise restrict access from time to time.
4.3 Children under the age of 16 accompanied by a full paying adult will gain free admission. Children under 16 are not permitted entry unless accompanied by a responsible adult (over 18). You are responsible for each child that you bring onto the Racecourse and should ensure each child complies with these Conditions. You are responsible for any attendee under 16 that you bring into the Event and shall ensure they comply with these Conditions. All 16 and above need to purchase a full priced ticket. All attendees regardless of age, must have a valid ticket and will be expected to show a valid form of identification if required.
5. Conduct of Attendees
5.1 We reserve the right in our absolute discretion at any time and without prior notice to refuse admission to or expel and/or ban any Attendee who, in our opinion: (a) has breached or is likely to breach these Conditions; (b) has or is likely to commit a criminal offence or otherwise do anything which is unlawful; and/or (c) behaves or is likely to behave in an unacceptable or unruly manner or in a manner likely to cause offence to other Attendees or Event staff, and, any ban we may impose may, at our option, relate to the Racecourse and/or any other racecourse in Great Britain and may be temporary or permanent.
5.2 You must follow the reasonable written and/or verbal instructions of safety stewards, other staff or officials and the police or other emergency services present at the Event at all times failing to follow these instructions will result in expulsion from the premises without any refund.
5.3 In the interests of safety or to check for items you are prohibited from bringing into the Event or racecourse premises, we may request to conduct personal body searches of Attendees and/or search their personal belongings. We shall be entitled to refuse entry to or expel from the Event any Attendee who refuses to comply with such a request.
5.4 The following items must not be brought onto the Racecourse: knives, corkscrews or sharp objects, weapons, ‘hoax items or pyrotechnics including laser devices, rope, megaphones/sound systems or air horns, large flags/banners/selfie sticks, unidentifiable canisters e.g. smoke canisters or nitrous oxide, helium balloons, glass or ceramic bottles, dishes or glassware, alcohol, picnics or BBQ’S, professional filming or photographic equipment, or other article that might be used as a weapon and/or may in our reasonable opinion compromise the safety of any person at the Event. We shall be entitled to refuse entry to or expel and/or ban from the Event any Attendee with such items in their possession.
5.5 The following are prohibited at the Event: (a) flags and banners; (b) unauthorised small unmanned aircraft, aerial systems or vehicles that have not been expressly authorised by the Operator in writing; (c) any behaviour which may disrupt or impair the experience of other Attendees; (d) climbing fences, stands or any other structures or buildings; (e) throwing any object without lawful authority or excuse; (f) obstruction of gangways, access ways, exits, entrances, stairways and similar places; (g) damaging or defacing Racecourse property; (h) smoking in any designated “No Smoking” areas; and (i) any item which may be used for any marketing or promotional activity whatsoever which has not been expressly authorised by the Operator in writing. (j) offensive clothing and slogans on the clothing that would be deemed inappropriate to others of different sex, age, race, religious beliefs and political slogans. (k) drugs – illegal substances. (l) furniture in any form, camping stools, gazebos, fishing umbrellas and other forms of seating not provided by the racecourse.
5.6 Garden furniture, picnics and alcohol are not permitted to be brought into the Event.
5.7 We reserve the right to designate any and all areas of the racecourse as “No-Smoking” areas. The use of electronic cigarettes within buildings is not permitted.
6. Unauthorised Trading, Advertising, Leafleting and other Commercial or Promotional Activity
7.1 Only those Attendees who have been given express prior permission by the Operator to trade, advertise, distribute leaflets or conduct any other commercial or promotional activities at the Event may do so. Trading, advertising, leafleting and commercial or promotional activities by all other Attendees is strictly prohibited. This prohibition extends to and includes: (a) any unauthorised ticket sellers or hawkers; and (b) any person directly or indirectly involved in the collation and/or distribution of any audio, visual, audio-visual coverage which has not been expressly permitted in advance by the Operator. 7.2 We reserve the right to confiscate any equipment, stock or other materials in the possession of any Attendee whilst on the Event who is, or whom we reasonably believe to be, involved in unauthorised trade, advertising, leaflet distribution or other commercial or promotional activities.
7.3 We reserve the right to take such legal action (including where appropriate obtaining injunctive and other relief) against or in respect of any person or entity that is in breach of this Condition 7, who has in the past breached this Condition 7 (or any equivalent prior provision) or whom we reasonably believe will breach this Condition
7. 7.4 If any unauthorised advertising or other sponsorship, promotional or marketing material is distributed to Attendees outside the Event (for example, items of clothing) we reserve the right to refuse entry to any Attendee in possession of such material and to confiscate such material from Attendees within the Racecourse.
8. Food and Drink
8.1 You shall not take any food, drink, glass bottles or glasses into any part of the Event unless this is specifically permitted by the Operator. Anyone with special dietary requirements is advised to contact the Event beforehand to arrange a special dispensation on the ruling. A reasonable amount of food for young children under 5 years of age and babies is permitted into any part of the Event.
9. Media Coverage and recording for promotional purposes
All Attendees (which for the purposes of this condition includes horses and Attendees with children) are reminded that the Event may be given coverage on television, radio and in print and various other forms of media. By entering the Evemt you accept (for yourself and on behalf of any children in your care) that you/they may appear in such coverage, which may also include printed or electronic material used for the promotion of the Event. Furthermore by entering the Event you consent (for yourself and on behalf of any children in your care) to the passing of still or moving images of you/them to third parties authorised by the Operator for the purposes of the production of printed or electronic material to be used solely for the promotion of the Event. You acknowledge that, on request, you will give any additional consents or waivers required for the unrestricted lawful use of any coverage (if any) without request for payment or imposing any other conditions.
10.1 Dogs are not permitted in any part of the Event except for those required for disabled assistance. 10.2 Where dogs are permitted they must be kept on leads at all times and must not be allowed to foul anywhere on the racecourse.
10.3 To the extent we are legally able to do so, we reserve the right, if necessary, to force entry into a car to release animals which may be suffering.
11. Loss or Damage
11.1 Any property brought onto the racecourse premises or into the Event by an Attendee remains at all times at the entire risk of the Attendee. We will not be liable for any loss, injury or damage, howsoever caused, to any Attendee or their property (“Loss”) except where and only to the extent that any such Loss is caused by our negligence or the negligence of our employees.
11.2 You must not leave any bags or other items of personal property unattended in the premises. Any personal possessions or other items (including without limitation clothing, wallets and mobile telephones), which are found in the premises, shall be retained by the premises for a period of 30 days following their discovery. During this period You may collect any item which belongs to You from the premises upon reasonable proof of identification and ownership. If, upon the expiry of 30 days from the date of its discovery, any item has not been collected by You, The Event reserves the right to dispose of any such items as it sees fit without any further liability to You (notwithstanding anything else in the Conditions). Where possible, any uncollected items will be donated to charity.
11.3 Attendees must accept that, by its very nature, attending public events are not without risk. Attendees must therefore remain vigilant and exercise a reasonable degree of caution and care for themselves and those around them at all times.
11.4 Subject to Conditions 11.5 and 11.6, we shall have no liability for any indirect or consequential loss, damage, costs or expenses, any loss of profits, loss of opportunity or loss of revenue whether foreseeable or not.
11.5 Nothing in these Conditions shall limit or exclude our liability in respect of death or personal injury caused by our negligence or fraudulent act or omission or for any other liability which cannot by law be excluded or limited.
11.6 Nothing in these Conditions shall affect the statutory rights of any Attendee attending the Event as a consumer.
11.7 You are responsible for any damage you cause (or a child in your care causes) to the Event, it’s stall holders, any fixtures and fittings or goods or equipment owned by or in the possession of the Operator or the Racecourse and for any damage caused to the property of any other person or business present at the Event.
12.1 All vehicles parked or stored within the Racecourse premises and any land surrounding the Racecourse owned or controlled by Jockey Club Racecourses are parked at the owners risk and the Operator accepts no responsibility for such vehicles or their contents.
12.2 All vehicles must be driven with the utmost care whilst on the Racecourse and all vehicle drivers must comply with all instructions of staff and other officials at the Event. Vehicles must only be driven along routes and parked in areas specifically designated by the Operator. We reserve the right to require that any vehicle be moved, or to move any vehicle, if it is not parked in an area designated by the Operator or if it is otherwise obstructing the smooth operation of the Event or represents a safety hazard.
12.3 BBQ’s are not permitted within the car park.
13. Abandoned or Delayed Racing and Other Events Affecting Racing
13.1 In the event of the Event being abandoned the refund policy is as set out in Annex B.
13.3 In the event that a refund is due to an Attendee pursuant to the Operator’s refund policy, refunds cannot be made on racedays – see Annex B.
13.4 Save as provided above, we shall not be liable to any Attendee if and to the extent that any failure or omission by us results from any event beyond our reasonable control such as, but not limited to, war, acts of terrorism, civil disturbance, any order or act of a governmental or regulatory body, fire, flood, severe adverse weather conditions, labour dispute, lock-out, disease, epidemic or other circumstances concerning the healthcare or well-being of humans and/or animals.
13.4 It is responsibility of the Attendee to check whether the Event has been cancelled or rescheduled. 14. Payment Terms
Ticket prices are inclusive of VAT. The Operator reserves the right to charge VAT (or any other applicable tax or levy) on any other services supplied including sponsorship and corporate hospitality.
In the event of an emergency (bomb scare, fire hazard, etc.) all areas must be evacuated. Please listen to announcements over the public address system. Any emergency should be reported immediately to a member of staff at the Event.
No failure or delay to enforce our rights under these Conditions, should be construed as a waiver of the Operator’s right to do so.
These Conditions shall be governed by the laws of England and Wales. In the event of a dispute relating to these Conditions, any contract we have with you or any other claim you may have against the Operator (including in negligence) the courts of England and Wales shall have exclusive jurisdiction.
22.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by you are at your own risk. We will not be liable to you for any loss of enjoyment or wasted expenditure.
22.2 Our liability to you in connection with the event (including, but not limited to, for any cancellation, rescheduling or material change to the event) and the Item you have purchased shall be limited to the price paid by you for the Item, including any per item service charge but excluding any per order handling
ANNEX B ABANDONMENT POLICY & REFUND PROCEDURE RACECOURSE REGULATIONS AND NOTICES The Operator may abandon the Event:- 1. Where so directed by the Racecourse, the police or emergency services or their respective servants or agents; or
2. In any emergency or other exceptional circumstances beyond the reasonable control of the Operator. 3. In the event of any abandonment. Only the face value of the ticket will be refunded and the operator will not be liable for any further loss of money or expenses incurred.
5. The refund policy is only applicable to tickets purchased from our authorised sellers.
5. Refunds on tickets purchased will only be paid in the following circumstances: (a) Abandonment before completion of the first day of the Event – full refund. (b) Abandonment before completion of the 2nd day of the Event – 50% refund. (c) Abandonment thereafter – no refund.
Refunds cannot be made on the day – to obtain a refund racegoers should follow the procedure below: (a) If tickets were purchased in advance via the internet an automatic refund will be made to the original payment method.
(b) If tickets on site at the Event on the day, in order to obtain a refund Attendees should send their Ticket by registered post with full customer contact details within 28 days of the race meeting to: Racing Welfare, 20b Park Lane, Newmarket, CB8 8QD
Attendees are responsible for ensuring any ticket is returned. The operator shall not be able to process refunds which are not returned directly to the above office. A refund will then be processed and returned to the customer accordingly. If the Event is cancelled, altered or postponed the Operator will use reasonable endeavours to try to contact the attendee as soon as possible to inform them. However, it is the attendees’ responsibility to check the website or onsite marketing regularly in the run up to the Event to ascertain whether an event has been cancelled or re-scheduled and the date and time of any rescheduled event. The Operator shall not be in breach of the event ticket agreement by virtue of any cancellation, alteration or postponement. The Operator may make alterations to events which are not material in nature and so no refunds will be given. A material change is a change which, in the operators’ reasonable opinion, significantly alters an event from its billing at the point of ticket purchase.