Effective on April 26, 2018
WAPPA LTD offers a ticketing platform through its website www.tickettannoy.com (Wappa Site) where you can buy tickets for your favourite events (Service). We sell tickets on behalf of promoters, producers, artists, record labels, performers and venues. We refer collectively to these parties who organise or provide events as the “PromoterPromoters”.
If you access or use the Service you acknowledge that you have read, and that you understand and agree to be bound by the Agreement in its entirety without limitation or qualification. If you accept or agree to this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Certain areas of the Wappa Site and your access to or use of certain aspects of the Service may have different terms and conditions, standards, guidelines, or policies posted or may require you to accept additional terms and conditions (jointly Additional Terms). If there is a conflict between this Customer Ticket Sales Terms and Conditions and any Additional Terms, the Additional Terms will take precedence with respect to your use of or access to that area of the Service.
If you do not agree to the terms of this Agreement, you have no right to start or continue using the Service.
The following definitions apply in this Customer Ticket Sales Terms and Conditions:
Event(s) means the music events organised by Promoters and listed on the WAPPA Site;
Host(s) means any individual attending an Event for which you have purchased the Ticket;
Material Alteration means a change which, in our or in the Promoter’s reasonable opinion, makes the Event materially different to the Event that purchasers of tickets, taken generally, could reasonably expect. The use of understudies in theatre performances and/or any changes of: (i) date, time or Venue of the Event; (ii) any supporting act; (iii) members of a band; and/or (iv) the line-up of any multi-performer event shall not be a material alteration;
Promoter means individuals or organisations responsible for organising and/or providing the events listed on the WAPPA Site;
Ticket(s) means any ticket that you may purchase through the WAPPA Site;
Ticket Holders means any person that purchase tickets for from the WAPPA Site;
Total Price means the total amount pay by you for a Ticket, which shall include the face value of the Ticket, any surcharge imposed by the Promoter, and WAPPA’s booking fees and may include further WAPPA’s administration fees. The Total Price is inclusive of VAT;
WAPPA means WAPPA LTD and its respective agents, employees, directors, officers and sub-contractors;
You mean the customer purchasing a ticket from the WAPPA site; and
Your Email Address means the email address you provided us upon registration of your Account.
We are Wappa LTD a company registered in England and Wales. Our company registration number is 08234095 and our registered office is at 7 Bourne Court, Southend Road, Woodford Green, Essex, IG8 8HD. Our registered VAT number is GB 198 4248 61.
You can contact us by writing us at [email protected].
To purchase Tickets from us, you must be 18 or over.
Our acceptance of your order will take place when we confirm in writing to you that your order has been accepted, including but not limited to by email (Order Confirmation). We will send such email at the email address you will provide us while placing an order on our Site.
You acknowledge and agree that your purchase of any Ticket is always subject to payment card verification and other security checks and that your transaction may be cancelled if it has not passed our verification process.
To be able to place an order for our Service you will need to register on the Wappa Site and to create an account (Account). You represent and warrant to provide us with current, accurate and complete personal data and information (Registration Data) as part of your registration. In order to ensure that your Registration Data remains current, accurate and complete, you undertake to update us of any changes to your Registration Data.
You acknowledge and agree that we may verify the accuracy of your Registration Data.
You acknowledge and agree:
We reserve the right to terminate or suspend your Account and deny you access to the Service should you violate this Agreement, including but not limited to, by creating more than one account, or providing inaccurate, fraudulent, not current, incomplete information.
You acknowledge and agree that Tickets are sold subject to the Promoter, venue management, third-party supplier’s right to:
Should your admission to the Event be refused based on any of the circumstances detailed in clause 4.1.c, or should you be expelled from the venue during the Event pursuant to clause 4.1.d, you will not be entitled to a refund of the Price.
You agree to being filmed and sound recorded as members of the audience at the Event.
You acknowledge that prolonged exposure to noise may damage your hearing.
You represent and warrant that:
You acknowledge that any resale or transfer (or attempted resale or transfer) of a Ticket in breach of clause 5.1 may constitute ground for seizure or cancellation of your Ticket without any liability to you on part of WAPPA or of the Promoter.
PLEASE BE AWARE that some Promoters may have their own terms and conditions (Event Terms), which will apply to your purchase of Tickets and/or your admission to the Event, in addition to this Agreement. The Event Terms may restrict our ability to exchange or refund Tickets so make sure that you have read the Event Terms carefully before purchasing a Ticket. If there is any inconsistency between the Customer Ticket Sales Terms and Conditions and the Event Terms, the Event Terms will apply in priority to the Costumer Ticket Sales Terms and Conditions. Event Terms are usually available on the website or at the box office of the relevant Event and/or Venue. If you have any questions about where to find the Event Terms, or about which Event Terms will apply to the Tickets you wish to buy, please contact us at [email protected].
It is your exclusive responsibility:
Except as provided in clause 13 below, Tickets cannot be exchanged or refunded after purchase.
You acknowledge that it is your exclusive responsibility to make sure that any of your Host comply with the Event Terms. We disclaim any liability in any way deriving from your Hosts attendance to an Event for which you have purchase Tickets.
You agree not to obtain or attempt to obtain Tickets through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity. We reserve the right to cancel any transaction which we reasonably suspect to have been made in breach of these provisions without any notice to you and any and all Tickets purchased as part of such transaction will be void.
We reserve the right to cancel the purchase of Tickets which we reasonably suspect to have been made fraudulently.
For the purpose of this Agreement, intellectual property rights are patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade-marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (IPRs).
You acknowledge that, except for duly licensed content, WAPPA is the sole owner of all IPRs in the Service and in the WAPPA Site (including all material stored, displayed and accessible on or through the WAPPA Website) and all such rights are reserved.
We have proprietary rights in the trademark “TICKETTANNOY”. You may not use “TICKETTANNOY” or other marks that are the same or similar to “TICKETTANNOY” graphics, logos, page headers, button icons, scripts, and service names in connection with any product or service that is not TICKETTANNOY’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TICKETTANNOY.
Except as expressly authorised in this Customer Ticket Sales Terms and Conditions, you shall not, with regards to any content accessible from the WAPPA Site or through our Service, do any of the acts restricted by copyright, as defined in the Copyright, Designs and Patents Act 1988 (“CDPA”), as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time under the CDPA, unless previously authorised in writing by us.
Wappa grants you non-transferable, non-exclusive licence (without right to sublicense) to access and use the WAPPA Site and Service, including a right to view, download and retain copies of pages of the WAPPA Site for your own personal use. You are not otherwise authorised to copy, reproduce, duplicate, distribute, download, publish, display, post, modify, transmit in any form and by any means any content available on the WAPPA Site or through the Service or any part of the WAPPA Site or Service.
You will not remove, obscure, alter or conceal any proprietary rights notice (including copyrights and trademark notices) that may be contained in, or displayed in connection with the Wappa Site or Service or in any content available on the WAPPA Site or through the Service, and you will include such notices on any copy you are permitted to make.
You are not allowed to create a database in electronic or paper form comprising or deriving in all or part from the content and material available on the WAPPA Site or through the Service.
You agree and undertake not to misuse the WAPPA Site or Service for example, by accessing or interfering with it or using a method other than the interface and the instructions that we provide. In particular, you may not do any of the following while accessing or using the WAPPA Site or Service:
Furthermore, you acknowledge, warrant and undertake not to:
You acknowledge that your purchase of Tickets on the WAPPA Site is subject to:
We sell Tickets as and when allocated by Promoters. The quantity of tickets made available for sale by us vary on an event by event basis. Tickets are sold through the WAPPA Site or via iframes hosted on Facebook and Promoter websites. We do not control the tickets’ inventory or availability.
When you purchase a Ticket from us you obtain a Promoter’s licence to be admitted to the venue of the Event as specified in your purchase. Such licence is revocable at all times by the Promoter and the Promoter retains the property of the Ticket. Subject to the Event Terms and to this Agreement, you may be entitled to a partial or full refund of the amount paid for the Ticket.
Once you receive your Ticket, it is your responsibility to keep it safe. We disclaim any liability should your Tickets being lost or stolen after we delivered it to you.
The Event Terms may prohibit us from issuing replacement tickets for any lost, stolen, damaged or destroyed tickets. If replacement tickets are being issued, we may charge you a reasonable administration fee.
By purchasing a Ticket, you acquire a right to a seat of a value corresponding to that stated on your Ticket. Seating charts displayed on the WAPPA Site while you are purchasing Tickets for an Event reflect the general layout for the venue as made available to us by the Promoters. We and the Promoter reserve the right to provide you with alternative seats (whether before or during the Event) to those initially allocated to you or specified on the Tickets. We disclaim any liability for any changes to your seating allocation on the day of the Event.
On the WAPPA Site we will display: (i) the face value of the Ticket; (ii) the price imposed by the Promoter (Promoter’s Price), which may equal to the face value of the Ticket or equal to the face value of the Ticket plus a surplus charge; (iii) WAPPA’s booking fees; and (vi) WAPPA’s delivery costs and other administration costs (Administration Fees), when and if applicable.
The Total Price you pay for a Ticket is equal to the Promoter’s Price plus WAPPA booking fees and, if applicable, Administration Fees. The Total Price is inclusive of VAT.
Please be aware that we do not set the price of the Tickets, we only set our booking fees and the Administration Fees. It is the responsibility of the Promoter to ensure that ticket prices are displayed correctly and that all Event information has been accurately provided.
All Events are organised, hosted by and remain the sole responsibility of Promoters.
If we discover an error in the price of any Ticket you have purchased, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order. If we are unable to contact you, you agree that we may treat the order as cancelled. If you choose to cancel after you have already paid the incorrect price, you will receive a full refund from us within 14 days from cancellation.
Unless the WAPPA Site specifies that printed tickets are available, Tickets will be issued as e-tickets. E-tickets are delivered to Your Email after purchase or can be downloaded by signing into your Account and accessing the e-ticket from there. Please be aware that we may reserve the right to not issue duplicate Tickets or resend Tickets to you via e-mail.
We reserve the right to cancel Tickets if the venue requires us to do so or if we have oversold an Event due to human error. In this case, we will provide you with a full refund of the Total Price paid.
You acknowledge that pictures may be taken at the Event venue, both by the authorised photographers present at the venue and by the general public. If you are buying tickets for others, please make sure to inform those attending the Event with you of such possibility.
If you recognise yourself in a picture posted on our website and you wish us to remove it, please contact us at [email protected]. We will remove it as soon as technically possible.
We disclaim all liabilities deriving by any unauthorised use of images taken at the Event venue by third-parties.
When purchasing Tickets, you are limited to a specified number of tickets for each event. This number is included on the first purchase page and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. Tickets may be restricted to a maximum number per person, per credit card and, for some events, a restriction may apply per household. We reserve the right to cancel Tickets purchased in excess of this number without prior notice.
When Tickets are sold subject to certain restrictions on entry or use (e.g. restricted, obstructed or side view or a minimum age for entry), we will display them on the WAPPA Site or otherwise notified you before or at the time you book the Tickets. It is your responsibility to ensure that you read all notifications displayed on the WAPPA Site.
Unless duly authorised by the relevant Promoter, you shall not use Tickets for advertising, promotions, contests or for any other use which constitute a potential or actual breach of the IPRs of the Promoter, of WAPPA, or of any other third party.
When printed Tickets are available, we will post them to the address you specify while completing your purchase on the WAPPA Site. The arrangements for your delivery will vary depending on when we receive the Tickets from the Promoter and on of type of delivery you choose while purchasing the Ticket.
We reserve the right to make Tickets available for collection by you at the venue box office. We will notify you at Your Email Address if this becomes necessary. You may be required to provide your booking confirmation email and your photo ID to collect tickets.
Please be aware that, subject to your rights under clause 5.5 and 15 of this Agreement, Events may be cancelled, rescheduled or materially altered by the Promoter. As we do not arrange or manage the Event in any way, we may not be able to notify you of cancellations or rearrangements before the date of the Event.
Notwithstanding clauses 14.3-14.12 below, the Event Terms may limit our ability to issue exchanges or refunds after a purchase has been made. Please read carefully the Event Terms for each Event before purchasing a Ticket.
Cancellation. If an Event is cancelled and not rescheduled, you will be offered a refund of the Total Price minus WAPPA’s booking fees and WAPPA’s Administration Fees (when and if applicable). You will be entitled to a partial refund only if, for Events taking place over several days, only some of the days scheduled for the Event are cancelled.
Rescheduling. Unless indicated otherwise by us or by the Promoter in the information relating to a particular Event, if an Event is rescheduled, you will be offered seats at any rescheduled Event (subject to availability) up to the value corresponding with your original tickets.
Subject to clause 14.6, if you are unable to attend the rescheduled Event or if there is no availability of Tickets for the rescheduled Event, you will be offered a refund of Total Price minus the WAPPA’s booking fees and Administration Fees (when and if applicable).
Once a Promoter has confirmed to us the date, venue and time of a rescheduled Event, we may contact you at Your Email Address to offer you Tickets, subject to availability, for the rescheduled Event. In such email you will be given a reasonable time frame to confirm that you are willing to attend the rescheduled Event. Failure to reply within the time frame will affect your right to receive a refund as, in case we do not receive your reply within the time frame, we will confirm your booking for the rescheduled date and you will not be entitled to receive a refund.
Material Alteration. In case of a Material Alteration of an Event, we will notify you of the relevant changes as soon as reasonably possible after receiving the details of the Event as modified by the Promoter, and we will offer you the options of either reconfirming your order for the Event as modified by the Promoter or of claiming a refund for the Total Price minus WAPPA’s booking fees and Administration Fees (when and if applicable). You shall confirm whether you want to reconfirm your order or claim a refund within the time frame specified by us in such notification (we will write to Your Email Address). Failure to inform us of your decision may result in your order being reconfirmed for the Event as modified and you will not be entitled to claim a refund.
How to Request a Refund. To request a refund, you must contact us in writing at [email protected] within 14 (fourteen) days of being notified of the Event cancellation and you must enclose a copy of your purchase receipt and unused ticket. We reserve the right to refuse your refund request shall we received your email after the 14 (fourteen) days deadline.
In case of a cancellation of an Event part way though the performance, we do not offer refunds unless we receive specific instructions from the Promoter. In such instances, we will contact you once we receive such specific instruction.
Please note that charity donations and any Administration Fee are non-refundable.
We will issue refunds on the Promoters’ behalf only when we hold the ticket funds at the time the refund is due. Should we not be in possession of the ticket funds at the time when a refund is due, the responsibility and liability for issuing refunds lies with the Promoter.
Refunds will only be issued to the original purchaser or to the original credit card used for the purchase.
Clause 14 above does not affect your statutory rights under the Consumer Rights Act 2015 and any laws that replace it. If you want independent advice about your rights, you can speak to Citizens Advice or Trading Standards.
You agree to defend, indemnify, and hold harmless WAPPA, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach of your obligations, representation and warranties under this Agreement, including but not limited to, any breach originated or derived by a user of your Account or by one of your Hosts.
Our failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any WAPPA’s provision or right.
You acknowledge and agree that your use of the WAPPA Site and Service is at your own sole risk.
The WAPPA Site and Service are provided “as is” and “as available”. We limit our warranties to the fullest extent available under applicable law.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL WAPPA OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE OUR SERVICE.
Without prejudice to clause 18.1 above, neither WAPPA or the Promoters will be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by the Promoters:
Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by you are at your own risk. We disclaim any liability for loss of enjoyment or wasted expenditure arising from your use of the Service.
Except as otherwise stated in the Customer Ticket Sales Terms and Conditions and notwithstanding clauses 18.1,2 and 3 above, our and the Promoter’s liability to you in connection with the Event, including, but not limited to, for any cancellation, rescheduling or material change to the programme of the Event, and the Ticket you have purchased shall be limited to the Total Price paid by you, excluding any WAPPA’s booking fee per such order.
Nothing in this Customer Ticket Sales Terms seeks to exclude or limit our or the Promoters’ liability for death or personal injury caused by our or the Promoters’ negligence, fraud or other type of liability which cannot by law be excluded or limited.
We may change the terms of the Customer Ticket Sales Terms and Conditions from time to time. The latest version of the Customer Ticket Sales Terms and Conditions will always be available on the WAPPA Site and will apply to you from its publication.
We may provide you with the opportunity to interface the WAPPA Site and Service with one or more third-party products and services (Third-Party Products and Services). You decide whether you want to interface, and with which Third-Party Products and Services you want to interface. Your explicit consent and authorisation is required for this interface and is revocable by you at any time.
You acknowledge and agree that WAPPA makes no representation or warranty about the safety of any Third-Party Products or Services. Accordingly, WAPPA is not responsible for your use of any Third-Party Product or Service, or other harm or losses arising from or relating to your use of any Third-Party Products or Services. You should contact the third party with any questions about their Third-Party Products and Services.
If you have any questions or complaints about your Purchase, please contact us at [email protected].
We take any complaint seriously and we will do our best to resolve the issue as soon as reasonably possible.
In some instances, we may need more time to investigate your complaint. In these instances, we will let you know the reasons why we need to further investigate, and we will keep you updated
As an online trader, we also draw your attention to the European Commission's Online Dispute Resolution platform.
With the exception of the relevant Promoter(s), nothing in this Agreement is intended to confer on a person any right to enforce any term of this Agreement which that person would not have but for the Rights of Third Parties as amended, extended or re-enacted from time to time and including all subordinate legislation made from time to time under the Act. The parties may by agreement extinguish or vary any of the provisions in this Agreement without the consent of any third party and section 2 (l) of the Rights of Third Parties shall not apply.
Except for fraud or fraudulent representation by either party, this Agreement contains the entire agreement and understanding between the parties relating to the subject matter hereof and supersedes all prior and/or contemporary agreements, arrangements, statements and understandings, whether oral or written, relating to the subject matter of this Agreement.
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
Any delay in or failure by WAPPA in performance of the terms of this Agreement shall be excused if and to the extent such delay or failure is caused by occurrences beyond the control of the affected party including, but not limited to, decrees or restraints of Government, acts of God, strikes, work stoppage or other labour disturbances, war or sabotage (each being a Force Majeure Event). WAPPA will promptly notify the other party upon becoming aware that any Force Majeure Event has occurred or is likely to occur and will use its best efforts to minimise any resulting delay in or interference with the performance of its obligations under this Agreement.
Failure or neglect by us to enforce at any time any of the terms of this Agreement will not be construed nor will it be deemed to be a waiver of our rights hereunder nor in any way affect the validity of the whole or any part of this Agreement nor prejudice our rights to take subsequent action. No waiver will be effective unless made in writing.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.