Cromford Steam Rally

Section 1. Definitions and interpretation

 

• ‘Event’ means an entertainment event including, without limitation, a steam rally, exhibition, performance, or music event to be held at a venue in respect of which We have the right to sell Tickets.

• ‘Tickets’ means tickets or other types of evidence (including electronic tickets) for an event sold by Us to You on behalf of the organisation responsible for the event for the right to occupy space at or to attend an event.

• ‘Venue’ means any facilities or locations of any nature where the event is being held.

• ‘We’ means Cromford Steam Rally Society (Registered in England and Wales, Company Number 03961709. Registered Charity Number 1200848)

• Us and our shall be read accordingly. “You” means you or anybody who in our reasonable opinion is acting with your authority or permission.

• ‘Your’ shall be read accordingly. ‘Promoter’ means the person firm or company staging the event if different from Us.

• ‘Group’ means group organisers, charities, travel and coach companies or other organisations that We have agreed to sell to knowing that the tickets are intended for resale.

• ‘Management’ means the Committee, Trustees and Senior Managers.

• ‘Stall Holder’ and ‘Caterer’ means the owner, operator and staff of a trade outlet occupying an allocated space within the event.

• ‘Visitors’ means any person that attends the event, paid or otherwise.

• ‘Contract’ means the agreement assumed upon purchase of a ticket, agreement to attend or acceptance of your application.

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Section 2. Tickets, Passes and Wristbands

 

Section 2.1. Tickets

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All tickets are sold subject to availability and to these Terms and Conditions. By purchasing a ticket, you enter a legally binding contract with Cromford Steam Rally Society. These Terms and Conditions should be read carefully prior to purchase and any queries relating to them should be raised with us prior to purchase, as purchase of tickets constitutes acceptance of these Terms and Conditions in full. A valid ticket must be produced to get into any event. Removing any part of, altering, or defacing the ticket may invalidate your ticket. It is your responsibility to check your tickets, as if you have made a mistake, it cannot always be rectified after purchase. Please check your tickets on receipt carefully and contact us immediately if there is a mistake. We will not be responsible for any ticket that is lost, stolen, or destroyed. It is not possible to issue duplicate tickets. For example, for events where there is a possibility of both the original and duplicate tickets being used, compromising the licensed capacity of the venue. Duplicates will not therefore be issued. Where a concession is claimed, proof of identity and concession entitlement (for example proof of care) will be required. 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. 

 

Section 2.2. Pass Outs

 

When exiting the event with the intention to return, all tickets must be exchanged for a valid wrist band or pass out at the main entry gate. This entitles the wearer to re-entry at any time during the valid hours applicable to your ticket. If you cannot present a wristband or pass out when attempting to re-enter the site, the full entry fee shall be charged. We will not be responsible for any wristband or pass out that is lost, stolen, or destroyed. It is not possible to issue duplicate wristbands or pass outs. In this event, the full entry fee shall be charged.

 

Section 2.3. Weekend Wristbands

 

Weekend wristbands are issued only to exhibitors and visitors who have booked and paid for a full weekend ticket. Weekend wristbands must always be worn when on site. Any persons found without a wristband will be removed from the venue. The management reserve the right to refuse entry if the correct wristband or ticket is not presented upon request. We will not be responsible for any wristband that is lost, stolen, or destroyed. It is not possible to issue duplicate wristbands. In this event, you may be removed from the venue.

 

 

Section 3. Price and Payment

 

Section 3.1. Tickets

 

The price of the ticket shall be the price set at the time we accept your order. All prices set are inclusive of any applicable taxes and inclusive of booking fee and collection or delivery fee. A charge of £1.00 for postage will be applied to all pre-ordered tickets. No order will be accepted until we have received full payment. Full payment can be made via cash or card, via telephone or in person.

 

Section 3.2. Stall Holder and Catering

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By accepting an invitation or applying, you accept these terms as a legally binding contract with Cromford Steam Rally Society. The price of a space to trade as a Stall Holder or Caterer will be set prior to accepting your application. All prices are inclusive of any applicable charges, including delivery fees. Electricity may be available to you upon request. Extra charges will be applied for provision of electricity. Cromford Steam Rally Society is not VAT registered, therefore prices do not include VAT. No application will be successful until we have received full payment. Full payment can be made via cash or card, via telephone or in person. 

 

Section 3.3. Exhibitors and Entertainment

 

By accepting an invitation or applying, you accept these terms as a legally binding contract with Cromford Steam Rally Society. Exhibitors/Entertainers may enforce their own terms and conditions whilst on site. Where conflicting terms apply, these terms will take priority in all circumstances. No exhibitor will be charged to attend our events. In some circumstances, a nominal donation will be requested where the exhibitor or entertainer is charging for viewing or use of their equipment and/or activities. All donation agreements will be set prior to engagement and will be at the discretion of the management. All donations must be paid directly to the management only and received within 14 days of the event. For paid entertainers and exhibitors, payment will be made prior to the end of the event. Payments will be made via cash or BACS transfer, depending on availability. In the event of cancellation, no payment will be made unless you have arrived at the venue prior to our decision to cancel. All payments must be signed for by a responsible person.

 

Section 4. Delivery

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All tickets will be printed and sent to you. Tickets will only be delivered to the billing address of the debit/credit card holder unless we specifically offer you the facility for tickets to be sent to an alternative address. If your tickets are not being held at the venue, and you have not received your tickets from us 10 days after placing the order, please contact us. Most of our events only allow tickets to be dispatched close to the event date. If tickets dispatched by Royal Mail ordinary post, special delivery or registered post are returned to us as “addressee unknown”, We reserve the right to cancel your booking and make a refund of the ticket price only. We reserve the right to make tickets available for collection at the venue. You will be notified by telephone, email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary. Where there is not enough time to deliver tickets, you will be told at the point of purchase the arrangements for collection of your tickets. If you are collecting your tickets from the venue, you must have your acknowledgement of order and the credit/debit card used to make the order with you. You will be able to collect your tickets up to 1 hour prior to the start of the event. Tickets will be available at the venue under extraordinary circumstances only. Most orders will be dispatched via Royal Mail 2nd Class postage in advance of the event.

 

Section 5. Changes to Event

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The organiser of the event and/or the venue reserves the right to make alterations to the published event programme where reasonably necessary. Where alterations are deemed necessary, announcements will be made via all media outlets as soon as possible. No refunds or credits will be offered in this circumstance, regardless of the alteration.

 

 

Section 6. Refunds/Credits

 

Section 6.1. Tickets

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Tickets cannot be exchanged or refunded after purchase unless the event is cancelled or rescheduled (subject to below) or where there is an excessive material change to the programme of events. Where an event is cancelled or rescheduled (subject to below) by the organiser, where an Event is cancelled or rescheduled due to circumstances beyond our control, or where there is a material change to the programme of the events, you will be entitled to claim a refund from us in accordance with this clause. 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. The change of schedule for the main arena shall not be a material change, nor shall the cancellation of any entertainment item. Where an outdoor event is cancelled or curtailed because of adverse weather, we shall offer refunds or credit to the following year for a period of 30 days following the event only. All monies unclaimed after this period will be retained. Where such a refund is sought, you must bring this to our attention as soon as possible upon becoming aware of such change, cancellation or where the event has been rescheduled, prior to the rescheduled event. The refund for tickets equals at least the face value price paid or, if the face value has been reduced by the organiser, the discounted face value price paid. To claim your refund, please apply by telephone and, when requested, in writing to your point of purchase, enclosing your complete unused tickets. Refunds shall only be made to the person who purchased the tickets and, when possible, be made using the same method as was used to purchase the tickets except, at our discretion, where payment was made by cash. These Terms and Conditions do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice, Consumer Direct (http://www.consumerdirect.gov.uk) or the Department for Business Innovation and Skills.

 

Section 6.2. Stall Holder and Catering

 

In the event of cancellation by the management, a full refund or credit will be issued upon application. No fees shall be deducted from any refund or credit issued and the full face value shall be returned or credited to a future event. All applications for refunds or credits must be made within 30 days of the event only. All monies unclaimed after this period will be retained. If you choose to cancel your booking more than 4 weeks prior to the event, a refund or credit may be issued upon application. A 10% administration fee will be deducted from all refunds in this case. If you choose to cancel your booking within 4 weeks of the event, no refund or credit will be available and your application for future events may be denied.

 

 

Section 7. Liability

 

Section 7.1. Expenses

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Personal arrangements including travel, accommodation or hospitality relating to the event which have been arranged by you are at your own risk. Liability for the cancellation or rescheduling of an event, or for material changes to an event, will be limited to the refund as set forth in Section 6.

 

 

Section 7.2. Loss, Damages, and Injury

 

Neither we nor the venue nor the promoter will be responsible for any loss, theft or damage of your personal belongings or stock, other than caused as a result of our negligence or that of the venue or the promoter or other breach of statutory duty. Sensible footwear must be worn at all times. Our events are generally held on agricultural premises and the ground can be uneven in many places. We are not responsible for any personal injury at any event, other than caused as a result of our negligence or that of the venue or the promoter or other breach of statutory duty. Vehicles must adhere to a strict 5mph speed limit. This is a safety measure for our visitors and to prevent damage to your vehicle. We take no responsibility for any damage caused to vehicles by ground conditions. Injury caused by exhibits and/or exhibitors, trade stands or catering outlets shall be the responsibility of the exhibit owner/exhibitor/stall owner only. In the event of adverse weather conditions, assistance may be offered to enable entry or exit from site. If you accept assistance from an official tow vehicle, you do so at your own risk. We take no responsibility for any damage caused whilst on tow or whilst aiding in any other way.

 

Section 8. Cancelled/Re Scheduled Events

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It is your responsibility to ascertain whether an event has been cancelled or re-scheduled and the date and time of any re-scheduled event. Where an event is cancelled or re- scheduled, We will use our reasonable endeavours to notify you using the details you provided us with at the time of booking/application. We do not guarantee that you will be informed of such cancellation before the date of the event. It is your responsibility to inform us of any change to the contact address, telephone number or email address you provide us with at the time of ordering. We, the venue, and the promoter reserve the right to reschedule any such event without notice and without any liability whatsoever. It is your responsibility to check the final arrangements for any event for which you have tickets including the date and time of any such event.

 

Section 9. Resale/Use of Tickets and property

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You may not re-sell or transfer a ticket if prohibited by law. In addition, re-sales or transfers of tickets is prohibited for all events. Where a ticket is offered for resale in line with these terms and conditions, the ticket will become void. Buyers must be made aware of these terms and conditions and any other terms and conditions that are specific to the event. You should check whether any special terms apply before using your ticket. Free tickets are often provided for specific reasons. All free tickets are also nontransferable and not for resale. Tickets will be signed by the issuing party to indicate the area for admission.

 

Section 10. Void Tickets

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Any Ticket obtained in breach of these Terms and Conditions shall be void and all rights conferred or evidenced by such ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an event may be considered to be a trespasser and may be liable to be ejected and liable to legal action. Void Tickets are non-refundable.

 

Section 11. Restrictions on the purchase of tickets

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Tickets may be restricted to a maximum number. Any such restriction shall be notified to you at the time you book the tickets. We reserve the right to cancel tickets purchased in excess of this number and without prior agreement, without prior notice unless the purchase of an excess was due to our error.

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Section 12. Restrictions and prohibitions

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Unauthorised recordings, photographs, tapes, films, or similar items may be confiscated and destroyed. Any recording made of an event in breach of these conditions shall belong to the management. The management and venue will not be liable for any loss, theft or damage to confiscated items. By attending an event, ticket holders, exhibitors and traders consent to filming and sound recording of themselves as members of the audience. The management may use such films and recordings (including any copies) without payment. Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the event any sponsorship, promotional or marketing materials unless authorised by the management. Alcohol may only be consumed in public bars and other authorised areas. The following are not permitted within any Venue: 1) laser pens 2) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives); and 3) illegal substances. The management reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the management, may cause danger or disruption to other members of the audience or the event or is one of the items not permitted in the venue as listed above. Every effort shall be made to admit latecomers to events at a suitable time, but late admission cannot be guaranteed. Ticket holders may only leave and re-enter the venue during an event at the discretion of the management and on issue of a valid pass out or wristband. Otherwise, there will be no re-admission of any kind. The obstruction of gangways, access- ways, exits, entrances or staircases, congregating in non-designated areas or seeking entry to areas marker out of bounds for which you do not hold a ticket or authorisation is strictly forbidden.

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Section 13. Health and Safety

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Section 13.1. General Health and Safety

 

All event attendees must comply with all relevant statutes, safety announcements and venue regulations whilst attending the event. If you have any special requirements or concerns about special effects which may be featured at the Event, prior notice should be provided when booking/applying. Special effects may include, without limitation, sound, audio visual, pyrotechnic effects, or lighting effects. All event attendees must follow our safety policies and procedures. Please refer to section 7b. Copies of all safety policies, risk assessments and procedures are available within the site office. Alongside our own Heath and Safety Policies, we also adhere to the National Traction Engine Trust Code Of Practice. Where contradicting statements arise, these terms and conditions shall take precedence.

 

Section 13.2. Exhibitors

 

Cromford Steam Rally is an NTET approved event and as such, all NTET safety policies apply. All such policies must be adhered to in full, alongside our own. The speed limit is 5mph at all events. Please adhere to this speed limit at all times and drive carefully. Reckless or dangerous driving will result in dismissal from the event and all future events. Exhibitors must ensure that their exhibit is in safe order and is not a hazard to the public or other visitors. Only people with the relevant license and driving capability are permitted to operate or drive any exhibit. All exhibits must be in the care of a competent person at all times. All owners and operators must hold suitable insurance policies to cover the exhibit, the operator, and the public. All exhibitors must carry their insurance policy with them at all events. Vehicles with only one seat, such as tractors, must be occupied by one person only when in motion. Extra riders will be asked to leave the vehicle and the exhibitor may be asked to leave the event. All exhibitors must be in full control of their exhibit at all times. This includes when starting the engine. Vehicles that can be started from the riding position, must be started as such. All steam exhibits must be crewed by competent drivers and crew members only. All steam exhibits must have current and relevant test certificates. Certificates will be checked on spot inspection. Any injury caused by exhibits/exhibitors due to unsafe practice shall be the sole responsibility of the exhibitor. The decision of the management is final in all cases. No use of air horns is permitted. Engines and lights must be off by 23:00. Failure to adhere will result in no invitation for future years. Articulated trailers are not permitted within the working commercial section due to limited space.

 

Section 13.3. Stall Holder and Catering

 

Stall Holders and Caterers must ensure that customer areas of their stall or unit are safe for the customer to enter and browse. Public Liability insurance must be obtained by all Stall Holders and Caterers. Insurance details may be requested on spot inspection, copies must be carried at all events. Fire breaks must be respected in order to prevent the spread of fire should an issue arise. It is the sole responsibility of the Stall Holder and Caterer to ensure compliance with all aspects of trading standard regulations. Caterers are expected to have a 5-star food hygiene rating and all certificates must be displayed. All catering outlets must have gas and electrical safety certificates. Copies must be carried at all times and may be requested on application. Stall Holders and Caterers must complete comprehensive risk assessments and provide copies when requested by the management. Stall Holders and Caterers must complete fire risk assessments and provide suitable firefighting equipment. Any falsified paperwork and/or certificates will be confiscated and reported to the relevant authorities. If we identify false documentation, you will be evicted from the event immediately and any future applications will be denied. Stall Holders and Caterers must not tamper with any electrical supply provided to them by the management. Should an issue occur, our approved electrician will attend. All electronic devices must be PAT tested. All waste and general refuse must be deposited into the large skips provided. Any refuse left on your allocated pitch may result in clearance charges and your application to future events will be denied. We operate most events on farmland and refuse can cause life threatening issues for livestock. All Stall Holders and Caterers must leave the site by the first Monday following an event at the latest. Any change to this request will be made clear on arrival. We will not be held responsible for any damage or loss of property/stock. We will not be held responsible for any injury caused whilst operating your stall or catering outlet.

 

Section 14. Dispute Resolution

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If any dispute arises out of these Terms and Conditions, we will attempt to settle it. To this end we shall use our reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to both parties. Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation. To initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation. The mediation shall be conducted in accordance with the law of England and Wales.

 

Section 15. Waiver

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If we delay or fail to enforce any of these Terms and Conditions It shall not mean that we have waived our right to do so.

 

Section 16. Assignment

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We shall be entitled to assign any of our rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.

 

Section 17. Severability

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If it is found by a court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.

 

Section 18. Third Parties

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Any person, other than the venue, management, or promoter, 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. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case only we, the venue, management, the promoter, and you (or your assignees permitted hereby) have rights and obligations under this contract.

 

Section 19. Force Majeure

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​No Party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached contract, for any failure or delay in fulfilling or performing any term of contract (except for any obligations to make previously owed payments to the other party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of contract; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United Kingdom Centre for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party.

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Section 20. Amendments and variations

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We intend to rely on the written terms set out here in this document as well as the written terms and conditions of the venue and the promoter. You should read the terms and conditions carefully before entering into the contract to ensure that they contain everything that you consider has been agreed. If they do not, then you should speak to the management. After the contract has been made, these Terms and Conditions cannot be varied or amended in any respect unless both you and we agree, and it is preferable that this is in writing.

 

Section 21. No Partnership or Agency

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Nothing in these Terms and Conditions and no action taken by you or us 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 relationship between you and us beyond the relationship created under these Terms and Conditions.

 

Section 22. Entire agreement

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These Terms and Conditions, and the terms and conditions of the venue and the promoter and any specially agreed terms constitute the entire contact and agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement, contract, or arrangement between the parties. Each of the parties agrees that it has not entered into these Terms and Conditions in reliance on, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to these Terms of Conditions or not) other than as expressly set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.

 

Section 23. Governing Law and Jurisdiction

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These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

 

Section 24. General Data Protection Regulation (GDPR)

 

Your data provided to us via use of our services will be kept and used in line with General Data Protection Regulations (GDPR). The terms of all data storage and usage are set out within our Privacy Policy. Copies of all GDPR related policies can be requested and viewed at the site office. Copies can be provided on request.