“Event” means the event which You have bought a Ticket to attend, Moonwake Lunarpalooza
“Promoter” or “Us” for Moonwake Lunarpalooza means The Origin Beer Company LTD.
“Terms and Conditions” means these terms and conditions.
“Venue” means the site at which the Event takes place, which at the date of these Terms and Conditions is 6A Tower Street Edinburgh EH6 7BY.
“Ticket” means any valid ticket or wristband which permits You to attend each respective Event or Event Session.
“You” means you as the holder of the Ticket and “Your” shall be read accordingly.
Festival is subject to Site Permission and License.
A. Status of these Terms and Conditions
- These Terms and Conditions incorporate and should be read in accordance with, the terms and conditions of the authorised ticket agent from which You purchased Your Ticket, copies of which are available upon request from the relevant authorised ticket agent. In the event of any inconsistency between these Terms and Conditions and the terms and conditions of the relevant authorised ticket agent, these Terms and Conditions shall prevail.
- All Tickets are sold subject to these Terms and Conditions. Please read these Terms and Conditions carefully prior to purchase and raise any queries with the Promoter prior to purchase. Purchase of any Ticket constitutes acceptance of these Terms and Conditions on Your behalf and on behalf of any person for whom You are purchasing Tickets.
- These terms and conditions are subject to change from time to time without notice and in our sole discretion. We will notify You of amendments to these terms and conditions by posting them to this website.
B. Tickets, Times, Refunds and Cancellation
- Only customers holding a valid Ticket will be admitted to the Event. There are a limited number of Tickets (and different types of Tickets) available for each Event, and therefore purchase of Tickets is strictly subject to availability.
- You must retain this Ticket on Your person at all times during the Event.
- Upon purchase, please check Tickets carefully as mistakes cannot always be rectified after purchase. Tickets are not issued on a sale or return basis and refunds will not be made on returned Tickets unless provided for under these Terms and Conditions.
- The Promoter will not be responsible for any Ticket that is lost, stolen or destroyed. You are solely responsible for the safe-keeping of Your Ticket. It is not always possible to issue duplicate Tickets. If duplicates are issued, a reasonable administration fee may be charged.
- Price and availability information is subject to change without notice.
- Tickets are uniquely coded to their order and only allow entry to the Event as per the session(s) purchased. Each ticket will be coded to ensure the relevant number of permitted entries only.
- Ownership or possession of a Ticket does not confer any rights (by implication or otherwise) on You to use, alter, copy, or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.
- Tickets are personal revocable licences and shall at all times remain the property of the Promoter and subject to these Terms and Conditions. You may not re-sell or transfer a Ticket for commercial gain. If a Ticket is re-sold, transferred or advertised for profit or commercial gain or used for competitions, promotions or hospitality packages by anyone other than the Promoter, or an authorised sub-agent, it will be void and You will be refused entry to, or ejected from, the Venue without refund.
- Tickets are sold subject to the Promoter’s right to alter or vary the published Event programme which may result in changes to the brewery, food traders, or performance line-up, playing times or any other aspect of the Event. The Promoter reserves all rights in this regard. Any published start and finish times of a performance at the Event are estimates only and are subject to change. The Promoter shall not be liable for any change of a published start or finish time.
- All advertised times are subject to change. We will not be responsible to make any refund or meet the costs of any alternative travel arrangements or for any loss of enjoyment or other indirect loss as a result of an Event not running to the precise advertised times.
- Tickets cannot be exchanged or refunded unless the Event is cancelled (other than cancelled for COVID-19 enforced restrictions, whereby tickets are transferred for future years and other We Are Beer events – Please read our COVID Safety statement and FAQs) or there has been a material change of the Event. A ‘material’ change is a change which, in our reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. A material alteration is judged, in our absolute discretion, by reference to the nature and billing of each Event. The Event is judged, in our absolute discretion, by reference to the overall theme rather than the individual brewery, food trader, or act scheduled to appear.
- Due to COVID-19 material changes for refunds do not include event postponement. Please read our COVID Safety Statement and FAQs
- Refunds should be obtained from the point of purchase, no later than 3 months after the Event.
- Liability for the cancellation of an Event, or for material changes to an Event, will be limited to a refund as set out in these terms and conditions. The total refund for a Ticket shall be the face value of the Ticket purchased. Personal arrangements including travel, subsistence and accommodation in relation to the Event which have been arranged by You are made at Your own risk and neither the authorised ticket agent nor the Promoter will have any liability for any such loss of enjoyment or wasted expenditure in addition to refunding the face value of the Ticket.
- No refunds or compensation will be considered for any reason other than as set out in clause 11.
- Refunds will only be made to the person who purchased the Tickets.
- It is Your responsibility to check that the Event has not been cancelled or made the subject of a Material alteration. Information on such matters will be made available on behalf of the Promoter as soon as reasonably practicable on the Promoter’s and/or Venue’s website and/or at the Venue. Customers are advised that the website cannot always be updated immediately and that circumstances giving rise to a cancellation or Material alterations can sometimes arise immediately prior to an Event.
- Tickets will not be refunded where they have been used to gain entry to the Event
- Tickets are not transferrable and cannot be exchanged.
C. Unauthorised Ticket Agents and Touting
- Tickets bought from unauthorised agents are not valid and admission will not be granted to the Event with any Ticket bought from unauthorised agents. To be as safe as You can and to avoid obtaining an unauthorised ticket, follow these simple guidelines. Please note that these guidelines are not intended to be an exhaustive list of precautions which You should take to avoid obtaining an unauthorised Ticket.
- Do not buy from an unofficial ticket agent. If You are in doubt as to whether or not a ticket agent is authorised please consult the relevant Event website or contact us in advance of the ticket purchase and we will be happy to assist. You can contact us in respect of the Event as follows:
- Do not buy from internet auction sites or exchange/buy tickets on social networking sites such as Facebook.
- If You live in the UK do not buy from a website with an overseas office address, or with no registered address shown.
- Do not buy from another individual or tout, either in advance of, or outside, the Event.
- If we are aware that You have bought Tickets anywhere other than from official authorised outlets You will not be granted access to the Event. Tickets are non-transferable, which means that once purchased You cannot sell them to others. The Promoter will be unable to assist You if You have bought from an unauthorised source, as we will have no purchase history available for the Ticket.
- If You do encounter problems contact Your credit card issuer as soon as possible, also contact Your local trading standards office, and, if You believe a criminal offence has taken place, the police. Please note that touting tickets for music events or sale of tickets for music events on the secondary market is not currently a criminal offence in England and Wales but if You are not sure whether a criminal offence has taken place then ask for advice first from Your card issuer and local trading standards office. For more information about ticket touts please visit the Office Of Fair Trading website at http://www.oft.gov.uk.
- Occasionally due to genuine circumstances, You may find Yourself with a spare Ticket. Please do not be tempted to sell it on an unauthorised auction site or to sell to a Ticket tout or unauthorised online agency. If You do the Purchaser may not be able to enter the Event (under the Terms and Conditions) for the reasons set out above. Should this happen You may find that the purchaser brings a legal claim against You for selling a Ticket which does not permit access to the Event.
- We reserve the right to cancel any Ticket booking which we reasonably believe to have been made with a view to reselling such Tickets or where the Ticket has been purchased using fraudulent means, such as credit card fraud.
- Tickets may be restricted to a maximum number per person per credit card or per household. These restrictions will be notified to You by our ticket agents and on our website before You make Your booking. We reserve the right to cancel Tickets purchased in excess of this number without prior notice to You of such cancellation.
- Tickets obtained in breach of these Terms and Conditions shall be null and void and the Promoter may refuse admission to, or eject You from, the Venue. Any person seeking to use a void Ticket in order to gain or provide entry to an Event will be considered to be a trespasser and will be ejected and liable to legal action. Void Tickets are non-refundable.
D. Age Restrictions
- To attend our events you must be of legal drinking age in the United Kingdom. No one under the age of 18 will be allowed to attend the event on Friday and Saturday. We operate a Challenge 25 policy and advise all attendees to bring a valid ID as set out below. Failure to produce a valid ID upon request will result in not being allowed entry to the Venue or ejection from the Venue. The following ID can be used as proof of age for entering the site:
- Current Passport
- Current UK Driver’s License or Provisional License
- VALIDATE UK
- Oyster Photocard
- NUS Card
E. The Event
- The Event is subject to licence.
- The Promoter reserves the right to refuse You entry to and/or eject You from the Event. In particular but without limitation, You may be refused admission to or removed from the Event for any of the following reasons: for health and safety or licensing reasons; if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event; if You use threatening, abusive or insulting words or mannerisms; if, in the Promoter’s reasonable opinion, You are acting under the influence of alcohol or drugs; if You fail, when required, to produce proof of identity or age; if You refuse to comply with the Promoter’s security searches; if You breach these Terms; and/or if Your Ticket is void.
- If before or during the Event You have a complaint in relation to the Event (including without limitation in relation to Your ability to view the Event), please contact the Promoter or a steward promptly since complaints are very difficult to deal with after the Event.
- Warning – Prolonged exposure to loud noise may cause damage to Your hearing. Please be aware that strobe lighting may be used during certain Events.
- By attending the Event, You give Your express consent to Your actual or simulated likeness being included within any film, photograph, audio and/or audiovisual recording to be exploited in any and all media for any purpose at any time throughout the world, the copyright to which shall be owned by the Promoter or its contractors without payment or compensation. This includes filming by the police or security staff that may be carried out for the security of customers.
- Due to legal artist performance rights and royalty obligations, You cannot bring any video or audio recording equipment or any camera which is over 35mm or with a detachable lens onto the Venue site. You will not be allowed to enter the site if You bring equipment that, at the discretion of our security, infringes on these rules.
- The Promoter reserves the right to conduct security searches and confiscate any item which in the opinion of the Promoter (or relevant venue operator) may cause danger or disruption, be a health and safety risk, not be suitable to be taken into the Event or is one of the items not permitted in the Venue as detailed in these Terms and Conditions. Anyone found in possession of illegal substances or contraband goods will be refused admission to or ejected from the Venue and may also be liable for prosecution. Any items found that may be used in an illegal or offensive manner will be confiscated, regardless of whether or not the item itself is illegal.
- You shall not bring all or any of the following into the Venue: fireworks, laser pens, laser equipment, animals (except assistance dogs), Your own food and drink (other than water or soft drinks for personal consumption), bottles, cans or glass containers, or any item which the Promoter considers could be used as a weapon (including sharp or pointed objects such as knives), items with an open flame (e.g. candles, barbeques gas/paraffin lamps, sky lanterns, campfires, gas fires etc) for all Events and illegal substances.
- There will be no admission to the Event sessions before the designated opening times on any day of the Event. Individual venue opening times and admission times are at the discretion of the venue managers.
- You may only leave and then re-enter the Venue if You have a valid Weekend Wristband Otherwise there shall be no re-admissions or pass-outs of any kind.
- You must comply with any and all instructions given to You by the Promoter and/or all Venue stewards and staff at the Event.
- All guests are asked to observe and comply with safety advice, site signage and ‘No Smoking’ areas. In accordance with Smoke-Free Regulations. Normal statutory rules and regulations apply and should be observed at the Event and failure to do so may result in ejection from the Event.
- You shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.
- The Events are about celebrating the discovery of beer. It’s a cultural celebration which all have the freedom to enjoy. Anti-social behaviour and illegal activities, including the use, supply and possession of illegal substances will not be tolerated and You will be ejected from the Venue without a refund.
- You may be required to queue so please arrive early to avoid disappointment.
F. Specific Requirements for Access
- The Promoter takes the needs of customers who are disabled or who have other access requirements very seriously and actively encourages people of all abilities to attend the Event.
- If You have access requirements for an Event please register Your requirements through email@example.com
- If You have not notified the Promoter of Your access requirements sufficiently in advance (which must be at least 2 weeks prior to the commencement of the Event) we cannot guarantee that we will be able to cater to Your needs, though we will use reasonable endeavours to do so.
- You may be required to show a negative COVID-19 Test on arrival to gain entry to THE EVENT. A further test on arrival may also be required. A positive test will result in a refusal of entry. Failure to take the test may also mean you are refused entry and will void your ability to request a refund.
- To the fullest extent permissible in law, the Promoter shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that Your rights are not adversely affected.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and the remainder of these Terms and Conditions valid or enforceable.
- If the Promoter delays or fails to enforce any of these Terms and Conditions it shall not mean that the Promoter has waived its right to do so.
- Any person, other than the Promoter, who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
- Nothing in these Terms and Conditions and no action taken by You or the Promoter under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other fiduciary relationship between You and the Promoter.
- These Terms and Conditions constitute the entire agreement between the parties in connection with the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between You and the Promoter relating to the subject matter of these Terms and Conditions.
- Nothing in these Terms and Conditions shall purport to exclude liability for fraud or fraudulent misrepresentation.
- These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
All tickets are issued and distributed by Moonwake Beer Co.