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TERMS AND CONDITIONS

This page tells you the terms and conditions on hiring the venue and (Tickets) for any of the theatre live entertainment performances, opera, ballet or other performances (Shows) listed on our website at www.eshertheatre.com. Please read these terms and conditions carefully, as by using our website or ordering any Tickets for a Show from us, you agree to be bound by these terms and conditions.



INFORMATION ABOUT US

Esher Theatre is a site operated by Swift Entertainment Venues Ltd. We are located at Esher Theatre, Community Walk, Esher, Surrey KT10 9RA (company number 12673306) where details of our infrastructure may be inspected.



OUR STATUS

We provide live entertainment, hire service(s) & sell Tickets at Esher Theatre. All tickets are sold subject to the rules and regulations of the Venue, full details of which are available from the website www.eshertheatre.comPlease check carefully the details of a Show before making a booking.

Please note that Seatedly Ltd (company number 133193381) is a platform we use and their policies may prohibit us from issuing exchanges or refunds after a Ticket has been purchased, or from issuing duplicates for lost, stolen or damaged Tickets; therefore, please accept any advance apologies from both Esher Theatre or Seatedly for any refusals.



VENUE HIRE - HOW THE CONTRACT IS FORMED

All bookings are subject to acceptance by us. Once we have verbally (Telephone or Face-to-Face) agreed terms, we will then send written confirmation (the Booking Confirmation) as an email and or Estimate for the period requested, to which an invoice will be produced requesting an upfront deposit providing BACS details (again which will be agreed beforehand) and charge your credit or debit card accordingly. The contract (Contract) will only be formed when we send you the Booking Confirmation. If there is a problem relating to your booking you will be notified by email.

You are responsible for ensuring that your details are correct in your booking, and for letting us know immediately if there are any changes to your details once your booking has been confirmed.

When you are making a booking on behalf of a number of people, you accept these terms and conditions on behalf of all members of your party.

We reserve the right to restrict the number of Tickets ordered.



PRICE AND PAYMENT

The price of any Tickets/ Memberships etc will be as quoted on our site, except in cases of obvious error. All Tickets must be paid for in full at the time of booking, using a credit or debit card.

Ticket purchases may be subject to handling charges and/or postal charges.

Prices on our site are liable to change at any time, but changes will not affect orders in respect

of which we have already sent you a Booking Confirmation, except in the case of obvious error.



TICKET COLLECTION OR DISPATCH

We will normally dispatch Tickets by first class post to the address you give us when you make a booking. We aim to send Tickets as soon as possible, usually within 7 days, but please allow as much time as possible for the arrival of your Tickets. We will not, however, accept any liability for any Tickets not delivered by Royal Mail.

If your Tickets have not arrived two days before the Show, please contact us at info@eshertheatre.co.uk and or manager@eshertheatre.comYou must notify us immediately of any change of address, contact number or email address. If you are using a credit or debit card, we will only dispatch Tickets to your registered billing address.

If you would prefer to collect your Tickets in person, or if you are booking Tickets less than five days before a Show, you should collect your Tickets in person from our front of house at Esher Theatre, Community Walk, Esher KT10 9RA prior to the Show. You may be asked to provide proof of identity or additional information in order to prevent possible fraud.

Please check your Tickets upon receipt. You will not be admitted to a Show if you do not have your Ticket with you. All Tickets are non-transferrable. If any Ticket is resold or transferred for commercial gain by anyone other than us, it will become invalid and the holder will be refused admission to a Show.



REFUNDS AND CANCELLATIONS

Please note that the Consumer Protection (Distance Selling) Regulations 2000 'cooling off' periods do not apply to the sale of tickets. As such, you have no general right to withdraw from the Contract, whether you are a consumer or not. This clause does not affect your statutory rights.

We regret, therefore, that you cannot exchange Tickets or request a refund after purchase unless: the Show has been cancelled or postponed.;

we have been negligent or are in breach of contract.


Whilst we will use all reasonable endeavours to contact you (either by telephone or by email) to inform you of any cancellation, postponement or other changes to a Show, the responsibility lies with you to check on the day of the Show in the press or by telephoning us or the Venue. If a Show is cancelled or postponed due to unavoidable circumstances we will reimburse the full cost of the Tickets, including any delivery, postage, service or handling charges you have paid to us.


If the above paragraph applies you must return your Tickets to us, preferably using secure mail. Requests for refunds will usually be allowed up to one week prior to the changed or postponed Show and within 28 days of any cancelled Show.


When you return Tickets to us and you are due a refund, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund.



We will usually refund any money received from you using the same method originally used by you to pay for your purchase.



SAFETY AND ENJOYMENT


Breach of any of the rules and regulations of the Venue (Esher Theatre) , being underage or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle the Venue to refuse admission or require you to leave the Show. The Venue may alter or vary a Show's programme (including the cast) without prior notice due to events beyond its reasonable control without any obligation to provide any Ticket refund or exchange. Security searches may be undertaken at Shows to ensure the safety of all patrons. Latecomers may not be admitted until a suitable break in the Show.

(Esher Theatre) reserves the right to provide alternative seats for the Show of the same or higher value to that specified on the Ticket.

Please note that strobe lighting, smoke effects and loud noises (including gunshot) are often used in Shows. Please check before booking if these are of particular concern to you.

You are not permitted to record Shows without express authority.

The use of mobile phones, cameras and laser pens during Shows is prohibited.



OUR LIABILITY


The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:


All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.


Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it.


Our liability for losses you suffer as a result of us breaking the Contract is strictly limited to the purchase price of the Tickets you bought from us.


This does not include or limit in any way our liability: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; or



for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability. We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:


loss of income or revenue accommodation or travel costs loss of business

loss of profits or contracts loss of anticipated savings loss of data

loss of data, or

waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.



EVENTS OUTSIDE REASONABLE CONTROL


We will not be liable or responsible if a Show is abandoned after it has commenced that is caused by events outside our reasonable control or that of the Venue (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control or that of the Venue and includes in particular (without limitation) the following:

Strikes, lock-outs or other industrial action.


Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.


Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Impossibility of the use of public or private telecommunications networks or any power failure and failure of sound or lighting equipment.

The acts, decrees, legislation, regulations or restrictions of any government.



WEBSITE USE


Access to our site is permitted, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.


You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.


Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.



NOTICES

All notices given by you to us must be given to the Esher Theatre or by email to anntoinette@eshertheatre.com . We may give notice to you at either the email or postal address you provide to us when making a booking.

Please note that if we send emails to you or Tickets by post and the email 'bounces' back and/or your Tickets are returned 'addressee unknown' or similar, your Tickets will be cancelled if we fail to contact you by any other means.



TRANSFER OF RIGHTS AND OBLIGATIONS


The Contract between you and us is binding on you and us and on our respective successors and assigns.

Esher Theatre and its affiliates, successors and assigns may enforce these terms and conditions and the Contract in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.



SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.



ENTIRE/HIRE AGREEMENT

These terms and 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 agreement, understanding or arrangement between us, whether oral or in writing.



We each acknowledge that, in entering into a Contract, 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 terms and conditions.



VARIATIONS

We may revise these terms and conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.



YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact us by email at charlie@eshertheatre.com .



LAW AND JURISDICTION


Any claim arising from, or related to, a visit to our site and Contracts for the purchase of Tickets through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with our website or such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.



DATA PROTECTION


Our use of your personal data is governed by our Privacy Policy.