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Booking Conditions
INTRODUCTION
“EVENT HORIZON ENTERTAINMENT LIMITED” is a company registered in the UK and under Company Number 11798757
We operate a festival in Miami called “Afro Nation Miami”, where you may purchase tickets, addons and hospitality [ referenced as Product and Services in these booking conditions].
Set out below are the Booking Conditions, we ask that you read them carefully because they set out all rights and obligations.
DEFINITIONS
The term “Ticket(s)” means primary festival tickets (i.e. tickets allocated to us directly by us and placed on sale, for sale by us).
The term ‘ Product and Services’ relates to festival tickets, addons [ e.g. merchandise] and hospitality tables]
References to “you” and “your” include the first named person on the booking and all persons on whose behalf the booking is made.
These Booking Conditions set out the terms applicable to purchases of Tickets and Hospitality from us. If you are purchasing or wish to purchase from us please see https://usa.afronation.com/
LEGALLY BINDING CONTRACT
Your contract starts once the we have confirmed your order and ends immediately after completion of the festival for which you have purchased Product and Services(s).
A booking has been made with us when you make a payment [either in full or your first payment plan instalment]. By making a booking with us, the lead booker agrees that:
We reserve the right to make changes to the booking conditions, where this occurs we shall post the updated version on our website. We recommend you check them regularly to stay informed of the current terms .
All purchases are subject to the applicable version of these Booking Conditions that was published at the time of purchase. If you do not agree with any revised version of these Booking Conditions, or if you cannot comply with it, then you must not make a purchase.
PRODUCT AND SERVICES
We may sell different types of tickets which will be clearly defined at the time you make your purchase through Ticketmaster. In addition we may sell at a separate and additional price, addons and hospitality tables.
By making a purchase with us, you are agreeing that all product and services are non-refundable and cannot be exchanged.
Special Note: We are not selling packages, travel or flights, therefore no refunds will be permitted should you experience issues relating to the performance or booking of flights and other travel arrangements associated with you attending our festival.
CHARGEBACKS
Your rights to refunds and other claims shall be governed solely by the terms of these Booking Conditions.
You agree that if you initiate a Chargeback or make a demand for payment we shall be entitled to take such steps as we consider reasonable to ensure that you are not paid twice for the same claim. This may include suspending any obligations we may have to pay you under these Booking Conditions (or otherwise) until the Chargeback or claim has been finally determined and the time limit for any challenge or appeal has expired.
FESTIVAL TIMINGS AND ADMISSIONS
Advertised start times of the festival is subject to change. Door opening and closing times stated in relation to the festival are not indicative of the festival’s start or end time (or when an artist is scheduled to play or the length of the artist’s performance), all of which remain at our and/or the artist’s discretion and may be subject to change.
We reserve the right to alter , change or vary the artist line-up and/or the programme of the festival and we will not be obliged to refund or exchange tickets. Any such change will be classed as a minor/immaterial change.
The festival or venue may conduct security searches of you and other patrons for safety and security purposes and/or may refuse admission to patrons (including you) breaching or suspected of breaching these Booking Conditions.
No trading or promotional activity is allowed within the site without our prior written consent. Goods using unauthorised logos must be surrendered to festival staff.
Admission to the festival is subject to the terms of admission of the relevant venue, and certain items (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/or recording equipment at festivals is also prohibited. Any unauthorised photos, videos and/or recordings may be destroyed or deleted. The use of drones or similar equipment for any reason in, at or near the festival venue is strictly prohibited.
You must not enter the site if you believe that you may have been infected with Covid-19 and/or you are displaying symptoms of Covid-19.
We or the Venue reserve 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 Booking Conditions.
Unless expressly authorised there will be no pass-outs or re-admissions of any kind.
By attending our festival, you understand and agree to being photographed, filmed and/or recorded in relation to the festival and/or for safety and security, including filming by the police. You understand and agree that resulting photographs, videos, audio recordings and/or audio-visual recordings may be used in any and all media for any purpose at any time throughout the world
Prolonged exposure to loud music or noise may damage your hearing and we advise you and all patrons to wear adequate ear protection.
Special effects, which may include sound, audio-visual, pyrotechnic effects or lighting effects may be featured, which may not be suitable for those with photosensitive epilepsy, or similar conditions.
Ticket holders should expect queues at the entry Gate and arrive with plenty of time before the first act that they wish to see – no refunds will be given for acts missed.
EVENTS BEYOND OUR CONTROL
Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our, or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include but are not limited to, warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human safety and/or health such as the outbreak of serious disease at the travel destination, epidemics, pandemics (including the ongoing effects of Covid-19), or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the supplier(s) concerned’ s control.
For the avoidance of doubt, it is your responsibility to ensure that you are able to enter the country where the festival is held. If you purchase a ticket and you are denied entry into the United States due to restrictions imposed by the officials of the country you are travelling from or to, this is considered an event beyond our control and you are not entitled a refund.
Special Note: No refund or exchange of ticket will be issued should any element outside of our control affect your ability to attend the festival [ including but not limited to travel restrictions of the country you are travelling from or where the festival is being held in the United States, and/or quarantine and vaccination requirements being placed upon you]
13. WARRANTIES AND INDEMNITIES
You represent and warrant that the information that you submit to us in relation your account and in your use of our Product and Services is true, accurate and complete and you will not use any false information, including contact information.
You represent and warrant that in using our website, you shall comply with all applicable laws and regulations, along with these Booking Conditions and any other applicable Booking Conditions.
You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the “Indemnified Parties”) against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of these Booking Conditions or any other applicable Booking Conditions, breach of any applicable laws or regulations, or breach of any third party rights.
14.LIMITATION OF LIABILITY
To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Suppliers shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by our suppliers):
(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or our suppliers;
(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 these Booking Conditions and/or any other applicable Booking Conditions and/or any applicable laws or regulations.
We are not responsible for any internet connection errors experienced while using our Product and Services.
Nothing in these Booking Conditions seeks to exclude or limit our or any liability for death or personal injury caused by our or any of our suppliers negligence, fraud or other type of liability which cannot by law be excluded or limited.
15. QUERIES, COMPLAINTS AND DISPUTE RESOLUTION
If we need to contact you, Ticketmaster will use the contact details you provided at the time of making your ticket purchase. It is your responsibility to inform us immediately of any changes to your contact details, whether before or after receipt of Product and Services. 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.
If you have any queries or complaints regarding your purchase, please contact Ticketmaster through the contact form on their website.
If any dispute arises, we shall use our best endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to you and us.
16. LAW AND JURISDICTION
These Booking Conditions shall be governed by and construed in all respects in accordance with American Law and both you and we agree to submit to the non-exclusive jurisdiction of the American courts in relation to any dispute arising out of or in connection with these Booking Conditions.
If any provision of these Booking Conditions is or becomes illegal, invalid or unenforceable pursuant to the law of any applicable jurisdiction, this shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Booking Conditions.
If any provision of these Booking Conditions is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from these Booking Conditions and this shall not prevent the other provisions from continuing to remain in full force and operate separately.
If we delay or fail to enforce any of the provisions of these Booking Conditions, it shall not mean that we have waived our right to do so.
