Terms and Conditions
1.1 This website enables users to purchase chorister tickets (“Chorister Tickets”) from Rondo Media to prospective choir members to participate in the Armed Man concert to be staged at the Mercedes Benz Arena, Berlin, Germany (“the Mercedes Benz Arena”) on the 2 November 2018 (“the Event”) (and associated rehearsals at a venue in Berlin to be confirmed) and associated products and services relating to the Event.
1.2 Rondo Media Cyf (“Rondo Media”, “we”, “us”, “our”) is a company registered in England and Wales under company number 06502186, with registered offices at Uned 1i, Ffordd Cae Ffynnon, Cibyn, Caernarfon, Gwynedd, Wales LL55 2BD.
Please note, Chorister Tickets cannot be exchanged or refunded after purchase, save as set out in these Terms and Conditions. However, these Terms and Conditions do not affect your statutory rights as a consumer.
2.1 In order to make a purchase from Rondo Media, you must be 18 years old or more and, if you are purchasing as an individual online, a valid credit or debit card issued in your name.
2.2 If you are purchasing on behalf of a group of singers who currently are members of your choir you will be issued a VAT invoice in respect of the choir which shall be payable within 7 days of issue by bank transfer in accordance with the details outlined on the invoice. These terms and Conditions shall apply equally to individuals purchasing single Chorister Tickets through this website and to each named individual member of choirs who elect to purchase Chorister Tickets as a group.
2.3 Any purchase from us is subject to: (i) these Terms and Conditions; (ii) any special terms and conditions we may subsequently inform you prior to the Event; (iii) the terms and conditions (including conditions of entry) of the Mercedes Benz Arena.
2.4 Your contract for purchase starts once we have confirmed your order, and ends immediately after completion of the Event for which you have purchased Item(s).
2.5 All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full.
2.6 It is prohibited to obtain or attempt to obtain any Items through unauthorised use of any robot, spider or other automated device or software, or any other illegal or unauthorised activity. We reserve the right to cancel any order(s) that we reasonably suspect to have been made fraudulently or otherwise in breach of these Terms and Conditions, without any notice to you, and any and all Items obtained as part of such order(s) will be void.
2.7 To prevent fraud and protect Rondo Media, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We may cancel orders which we reasonably suspect to have been made fraudulently.
2.8 Please note, you will be allocated a seating/standing position as determined by Rondo at the Event which shall be dictated by your singing voice, your height and your experience as a chorister. Rondo Media’s decision on allocation of seating / standing position shall be final and you shall not be able to exchange seating / standing position with an alternative member of the choir at the Event. You shall be informed of your allocated position on arrival at the first rehearsal.
3 COPYRIGHT AND PERFORMANCE RIGHTS
3.1 You acknowledge that the Event is to be recorded for television, theatrical, DVD and other form of exhibition, distribution and exploitation by Rondo Media in all media worldwide in perpetuity and, by purchasing a Ticket to participate in the Event, you, as an individual purchaser, and each named member of the choir group which you register to participate in the Event, agree that:
3.1.1 Rondo Media is recording your performance as a member of the choir at the Event (“the Performance”) so it can be incorporated into an audio visual television production (“the Programme”) which may be transmitted or otherwise exploited by commissioning broadcasters (“Commissioner”) (although being featured within the Programme is not guaranteed) or otherwise in other forms of media and you hereby assign all rights, interest and copyright if any, and waive any “moral rights” that may exist to allow Rondo Media to use your Performance worldwide in perpetuity in all media known now or in the future, and no further payments will be due to you by Rondo Media.
3.1.2 Rondo Media may store, edit, copy, adapt or translate your Performance at its discretion so it can exhibit, promote, transmit, distribute, translate or dub, reproduce and exploit the Programme and use your name, likeness, and biography, photographs/recordings of interviews with you in the Programme and for any advertising, publicising or promoting of the Programme in all media formats throughout the world as Rondo Media deems fit and may allow Commissioner to do the same.
3.1.3 to the best of your knowledge and belief, your Performance will not infringe the copyright or any other individual’s rights, is truthful, not defamatory or in contempt of court or in contravention of the Official Secrets Act.
3.1.4 You shall not either personally or by other means make any statement or disclose any confidential information or methods of production to any third party relating to the recording of my Performance, unless you obtain the prior written consent from Rondo Media.
3.1.5 You give all necessary consents required by any law to enable Rondo Media to use your Performance as it desires.
3.2 You understand that Rondo Media will not be liable for any loss or damage to you or your property unless caused directly by Rondo Media’s negligence.
4 PRIVACY NOTICE – WHAT HAPPENS TO YOUR PERSONAL DATA?
4.2 You understand Rondo Media will be processing the Personal Data you provide/gave access to including that contained in this form, related to and contained in my Performance (a) to produce, promote, distribute and otherwise exploit the Programme in any media formats worldwide; (b) for compliance or legal obligations and (c) where necessary for medical reason for assessing my capacity to provide my Performance in respect of this Contract. You acknowledge that Rondo Media will need to share your Personal Data with Co-producers, Affiliates, Group Companies, Commissioner, Broadcaster, Distributors, Professional advisors and Financiers.
4.3 You accept that where you have provided or given access to “Special Category Data” as part of your contribution to the Programme (being any information relating to racial, ethnic, political opinions or religious belief, trade union membership, physical or mental health matter, sexual orientation life, genetic and biometric data) Rondo Media will or may use this in the Programme or for the purposes referred to in this Agreement.
5 PRICES AND FEES
5.1 All prices for the Chorister Tickets offered for sale on this website are inclusive of VAT.
5.2 Whilst we try to ensure that all advertised prices are accurate, errors may occur. If we discover an error in the price of any Item you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price (in which case we will credit or debit you as applicable) or cancelling your order (in which case you will receive a full refund). If we are unable to contact you to confirm your order at the correct price, you agree that we may treat the order as cancelled and issue you with a full refund.
5.3 Chorister Tickets will be delivered to purchasers 30 days in advance of the Event and for those who shall have paid by credit or debit card shall be delivered to the billing address of those making the purchase.
6.1 In exceptional circumstances, we reserve the right to make Chorister Tickets available for collection by you at the Mercedes Benz Arena box office or at another designated ticket collection point. We will notify you by telephone or email of the arrangements for collection if this becomes necessary. You may be required to provide your booking confirmation email and your photo ID to collect Chorister Tickets, as well as the credit or debit card used to make the order.
7 CHORISTER TICKETS
7.1 Any ChoristerTicket you purchase from us remains the property of Rondo Media and is a personal revocable licence which may be withdrawn and admission to the Event refused at any time. If this occurs without any act or omission on your part, you will be refunded for the Chorister Ticket which has been withdrawn or for which access was refused.
7.2 Rondo Media shall not be responsible for any lost, stolen, damaged or destroyed Chorister Tickets. If replacement Chorister Tickets are issued, we may charge you a reasonable administration fee.
7.3 When you receive your Chorister Tickets, please keep them in a safe place. We will not be responsible for any Chorister Tickets that are damaged, lost or stolen. Please note that direct sunlight or heat can sometimes damage physical Chorister Tickets. Furthermore, we recommend that you do not post pictures of your Chorister Tickets online, as this may allow third parties to counterfeit your Chorister Tickets or otherwise compromise the integrity of the Chorister Tickets.
7.4 It is your responsibility to check your Chorister Tickets once they have been delivered; mistakes cannot always be rectified.
7.5 Where your Chorister Tickets are for allocated seats, you have a right only to seats of a value corresponding to that stated on the Ticket. We reserve the right (whether before or during the Event) to provide alternative seats to those initially allocated to you or specified on the Chorister Tickets.
8 TICKET RESTRICTIONS
8.1 You may not resell or transfer your Chorister Tickets without our prior written approval.
8.2 Chorister Tickets purchased from Rondo Media may not:
(a) be used for advertising, promotions, contests or sweepstakes (or for other such similar commercial gain); and/or
(b) be combined with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package for sale or other distribution, unless formal written permission is given by us.
9 EVENT – TIMINGS AND ADMISSIONS
9.1 Please note that advertised start times of the Event and associated rehearsals may be subject to change of which you will be informed by email.
9.2 Chorister Tickets are sold subject to Rondo Media’s right to alter or vary the Event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange Chorister Tickets, unless such change is a material alteration as described in clause 10, in which case the provisions of that clause shall apply.
9.3 Please arrive promptly for the rehearsals and the Event. Generally, every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.
9.4 The Mercedes Benz Arena may conduct security searches of you and other patrons for safety and security purposes and/or may refuse admission to patrons breaching or suspected of breaching any terms and conditions of the Event or of the Mercedes Benz Arena.
9.5 Admission to all events is subject to the terms of admission of the relevant venue, and certain things (e.g. laser pens, mobile phones, dogs (except guide dogs) and patrons own food and drink) may be prohibited.. The unauthorised use of photographic and recording equipment at the Events is also prohibited. Any unauthorised photos, videos and/or recordings may be destroyed or deleted.
9.6 Breach of any of venue terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle Rondo Media to eject you from the Event without any refund being due.
9.7 The Mercedes Benz Arena reserves the right to refuse admission to the venue, or to remove any person from the venue for reasons of public safety (including crowd surfing or moshing), any unacceptable behaviour likely to cause damage, nuisance or injury, or for any breach of the Events terms and conditions.
9.8 Special effects, which may include sound, audio-visual or lighting effects may be featured at an event, which may not be suitable for those with photosensitive epilepsy, or similar conditions.
10 YOUR RIGHTS IN RELATION TO EVENT CANCELLATION AND ALTERATIONS
10.1 If the Event is cancelled or materially altered, we will use reasonable endeavours to immediately notify you by email to the email address you have provided in purchasing your Chorister Ticket(s). However, we cannot guarantee that you will be informed of such cancellation or alteration before the date of the Event.
10.2 Cancellation: If an event for which you have purchased Chorister Tickets is cancelled in full (and not rescheduled), you will be offered a refund of the Sale Price of your Chorister Tickets.
10.3 Other material alteration: If the Event for which you have purchased Chorister Tickets is “materially altered” (as defined below), you will be offered the option either to reconfirm your order for the altered event or to cancel your order. If you cancel your order, you will be able to obtain a refund of the Sale Price of your Chorister Tickets. Failure to inform us within the deadline specified by us that you wish to cancel your order in these circumstances will be deemed to be a reconfirmation of your order for Chorister Tickets for the altered event, and you will not be entitled to claim a refund. For the purposes of this Terms and Conditions, a “material alteration” is a change which, in our reasonable opinion, makes the Event materially different to the Event that purchasers of Chorister Tickets, taken generally, could reasonably expect. In particular, please note that the following are not deemed to be “material alterations”: the use of understudies for solo performers or conductor (Sir Karl Jenkins) due to their unavailability for whatever reason; adverse weather conditions; changes to individual members of the orchestra; curtailment of the Event where the majority of an Event is performed in full; and delays to the starting of the performance of the Event.
10.4 To claim a refund under clause 10.2 or 10.3, please follow the instructions we provide to you or apply in writing to: Rondo Media Cyf , Uned 1i, Lon cae Ffynnon, Cibyn, Caernarfon, Gwynedd, Wales LL55 2BD (or such other address as notified to you by us).
10.5 Valid refunds will be made using the same means of payment as you used for the initial purchase.
11 YOUR RIGHT TO CANCEL
11.1 Chorister Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out in clause 10.
12 LIMITATION OF LIABILITY
12.1 Neither we nor the Mercedes Benz Arena 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 Mercedes Benz Arena): (a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or the Mercedes Benz Arena; (b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our negligence); or (c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of this Terms and Conditions and/or any terms and conditions of the Mercedes Benz Arena.
12.2 To the maximum extent permitted by law, neither we, nor our relevant the Mercedes Benz Arena, shall be liable for any indirect, consequential losses or business losses, or any exemplary, special or punitive damages arising from your purchase. In accordance with this, please note that: (a) personal arrangements including travel, accommodation, hospitality and other costs and expenses incurred by you relating to the Event which have been arranged by you are at your own risk, and neither we nor the Mercedes Benz Arena shall be responsible or liable to you for any wasted expenditure, including where an event has been cancelled, rescheduled or otherwise materially altered; and
(b) neither we nor the Mercedes Benz Arena shall be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or materially altered.
12.3 Unless otherwise stated in this clause 12, our liability to you in connection with the Event (including, but not limited to, for any cancellation, rescheduling or material alteration to the programme of the event) and the Chorister Ticket(s) you have purchased shall be limited to the price paid by you.
12.4 Nothing in these Terms and Conditions seeks to exclude or limit our or the Mercedes Benz Arena’s liability for death or personal injury caused by our or the Mercedes Benz Arena’s negligence, fraud or other type of liability which cannot by law be excluded or limited.
13 QUERIES AND COMPLAINTS
13.1 If we need to contact you, we will use your contact details provided at the time of purchase. It is your responsibility to inform us of any changes to your contact details, both before and after receipt of Chorister Tickets. In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.
13.2 If you have any queries or complaints regarding your purchase, please contact us.
13.3 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to you and us.
13.4 As an online trader, pursuant to European Union legislation, Rondo Media also draws your attention to the European Commission’s Online Dispute Resolution Platform, where you can access further information about online dispute resolution.
13.5 You can also email us at firstname.lastname@example.org.
14 GOVERNING LAW
14.1 Rondo Media and its affiliates, successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999. Except as provided in the previous sentence, this Terms and Conditions does not create any right enforceable by any person who is not a party to it, but does not affect any right or remedy that a third party has which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.
14.2 All of the terms and conditions of this Terms and Conditions are governed by the laws of England and Wales and any disputes arising out of or in connection with any order with Rondo Media are subject to the non-exclusive jurisdiction of the Courts of England and Wales.