V:2.01

Updated: 17/12/2020. 15:00

Assembly Theatre Ltd

Terms and conditions
Terms and Conditions for the sale of Ticket(s)

[1.1] Assembly Theatre Ltd ('The Theatre') hereby acknowledges and agrees that all ticket sales and associated transactions for events hosted by The Theatre will be managed and processed by Assembly Festival Ltd ('The Festival'). Consequently, all patrons, attendees, and customers purchasing tickets for events at The Theatre shall be subject to the terms and conditions established by The Festival. The Theatre shall inform its patrons of this arrangement and ensure that they have access to, and are aware of, The Festival's terms and conditions prior to any ticket purchase. Assembly Festival Ltd website or mobile properties, including related applications (collectively, this "Website"). This Website is provided to assist customers in gathering show/theatrical information and searching for and booking tickets for events that are organised by Assembly Festival Ltd or Assembly Theatre Ltd and for no other purposes. The terms "we", "us", "our", and "Assembly festival" refer to Assembly Festival Ltd, Company number SC464585, and our corporate affiliates and websites (collectively, "Assembly Festival”). The term "you" refers to the customer visiting the Website and/or purchasing ticket/s on this Website.

[1.2] This Website is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement and represent that you have read and understood its terms. Please read the Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all these terms and conditions, you are not authorized to use this Website.

[1.3] We may change or otherwise modify the Agreement in the future in accordance with the Terms and Conditions herein, and you understand and agree that your continued access or use of this Website after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to the Agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our Website. Be sure to return to this page periodically to review the most current version of the Agreement.

USE OF THE WEBSITE

[2.1] As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete, (ii) if you have an account on this website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older in order to register for an account and contribute to our Website and (iv) you possess the legal authority to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.

[2.2] Assembly Festival does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

[2.3] Copying, transmission, reproduction, replication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of Assembly Festival. To request permission, you may contact the Assembly Festival as follows:

Assembly Festival Ltd,2 Roxburgh Place, Edinburgh, EH8 9SU

[2.4] The Website may contain links to third-party websites which are operated and owned by independent ticketing agents or other festival sites. Such third-parties may charge a fee for use of certain content or services provided on the website. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where Assembly Festival may provide details of ticket prices and other charges on the Website, such information is provided for convenience and information purposes only. Assembly Festival in no way guarantees that this information is correct nor is it in any way responsible for content or services provided on such third-party websites.

[2.5] We may from time to time display additional terms and conditions on the Website or App - for example, in connection with a specific promotion or the sale of goods or services. If the terms and conditions for use of the Website or App should conflict in any way with such additional terms, then the additional terms will prevail.

PROHIBITED ACTIVITIES

[3.1] The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, Logos or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

(i) use this Website or its contents for any commercial purpose;

(ii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iii) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(v) deep-link to any portion of this Website for any purpose without our express written permission;

(vi) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization; or

(vi) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Assembly Festival in connection with the Website or the services.

[3.2] Occasionally, we may publish images or text for which the copyright is not owned by us. Where this is done, and where practicable, we will acknowledge the copyright owner.

[3.3] Alcohol and Food Policy: Neither alcohol nor hot food may be brought onto the premises or any of the Assembly Festival or Assembly Theatre venues. Only hot food bought on the premises may be consumed on the premises. Alcohol only be purchased and consumed in Assembly Festival/Assembly Theatre licensed bar areas or in-licensed Venues and licensing laws will be strictly enforced.

[3.4] Mobile Devices: All mobile devices including mobile telephones must always be switched off during the events.

[3.5] Customers are not allowed to bring any form of recording or copying equipment (in whatever medium, including optical devices such as Google Glasses) into the auditorium. Recording or copying equipment taken into the auditorium may be confiscated for inspection by the Assembly Festival member of staff. Customers are reminded that it is a serious criminal offence to copy or attempt to copy any material performed live on the stage, soundtrack or other copyright protected material shown in the theatre and customers found in contravention will be asked to leave the venue, will be asked to delete the footage/s that customer might have recorded or taken and no refund will be given as per clause 6.3.

[3.6] Search Policy: In the interest of safety, security and other reasonable causes, Assembly Festival may need to search a customer’s possessions whilst on the premises or at the point of entry for any item which a staff member believes may contravene these terms and conditions. Assembly Festival reserves the right to refuse entry or require a customer, who doesn’t agree to be searched, to leave the premises without entitlement to a refund.

[3.7] Parking: Assembly Festival is not responsible for the parking regulations imposed by third parties, including any cost imposed on customers. Customers should take up any issues directly with the third party concerned.

[3.8] No customer is allowed to bring any illegal substances or weapons onto the premises. Anyone found in possession of such items will be refused entry or will be required to leave the premises immediately without any entitlement to a refund. Assembly Festival works very closely with POLICE SCOTLAND and takes such matters seriously and may report the incident to the police.

ABOUT TRADEMARKS ON OUR WEBSITE, THE PROGRAMME AND THE APP

[4.1] Unless otherwise stated, the trademarks displayed or referred to on the Website, the App or the Programme are owned by us or our licensors.

[4.2] Where practicable, we acknowledge the owners of all other trademarks which are referred to on the Website, the App or the Programme.

PRIVACY POLICY AND DISCLOSURES

[5.1] Assembly Festival believes in protecting your privacy. Any personal information you provide on the Website will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

PURCHASING TICKETS

[6.1] All Tickets are sold subject to availability and to these Terms and Conditions. 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 the purchase of Ticket(s) constitutes an agreement of these Terms and Conditions. A valid Ticket must be produced to get into an Event. Please notify us of any access requirements at the time of booking. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.

[6.2] The management reserves the right to refuse Ticket holder’s admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.

[6.3] The management of the Venue also reserves the right to request that Ticket holders leave the Venue at any point on reasonable grounds and may take any appropriate action to enforce this right. By way of example, the Venue may remove a Ticket holder who:

- has behaved in the Venue in a manner which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or
- uses threatening, abusive or insulting words or behaviour or in any way provokes or behaves in a manner which may provoke a breach of the peace; or
- in the reasonable opinion of the Venue is under the influence of drugs or has consumed an excessive amount of alcohol; or
- fails, when required, to produce proof of identity or age; or
- obstructs gangways, access-ways, exits, entrances or staircases, congregates in non-designated areas or seeks entry to stands or seats for which he/she does not hold a Ticket.

[6.4] No refunds will be given to Ticket holders who are refused entry or ejected due to their own behaviour as suggested in, but not limited to, the examples above.

[6.5] Assembly Festival Ltd performances have unreserved seating and cannot guarantee all members of a party will be seated together.

[6.6] It is your responsibility to check Your Ticket(s) as mistakes cannot always be rectified after purchase. Please check your Ticket(s) on receipt carefully before leaving the box office or making the final purchase on the website or contact us immediately if there is a mistake.

[6.7] We will not be responsible for any Ticket that is lost, stolen or destroyed. The Management only accept responsibility for Tickets bought from one of its own managed sales points. Any queries regarding Tickets purchased from other venues sales points such as Fringe, Underbelly, Pleasance Theatre or Gilded Balloon must be directed back to the relevant box office.

[6.8] It is not possible to issue a duplicate ticket(s). For example, for non-seated events where there is a possibility of both the original and duplicate ticket(s) being used, compromising the licensed capacity of the venue.

[6.9]. Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event. If Ticket holders have any special requirements or concerns about any special effects which may be featured at the Event, prior notice should be provided when ordering Tickets. Special effects may include, without limitation, sound, audio-visual, pyrotechnic effects or lighting effects.

[6.10] Any complaints about a Tickets holder’s seating or ability to view a production should be made promptly to the Venue Management either before or *during the Performance (*Within the first 15 minutes of the performance). Any complaints made after the Performance will not be considered and no refund or exchange will be issued.

[6.11] The purchase is final, and tickets cannot be exchanged, or money refunded. The exception is made only in the case of a performance being cancelled. If a performance is cancelled, ticket holders will be offered seats at any rescheduled performance or other performance (subject to availability) up to the face value of the tickets or a refund.

[6.12] To avail of a 2-for-1 ticket offer, please ensure that tickets have been booked in multiples of 2 for this offer to apply. The 2-for-1 offer applies only to full price tickets.

[6.13] Tickets are sold subject to the management’s right to make any alteration to the advertised arrangements or the cast.

[6.14] Senior citizens, the unemployed, customers with disabilities, Young Scot, MU and Equity card holders, as well as all young people under the age of 16 and students in full-time education, are eligible for concession priced tickets for most shows at Assembly. If concession tickets have been booked, valid proof of concession for each ticket must be shown at the box office. If proof cannot be shown you will be charged the full adult ticket cost.

[6.15] Assembly Festival Ltd operates a “Babes in arms” policy. Babies and very young children aged 18 months or under are granted entry to a performance without a ticket, provided they are then seated in the lap of their accompanying adult and do not take up a seat for themselves.

[6.16] Tickets can be collected from Any ASSEMBLY FESTIVAL operated box offices, GILDED BALLON, PLEASANCE THEATRE, UNDERBELLY or any FRINGE operated box offices.

[6.17] Whilst visiting any Assembly venue, you may be filmed or photographed in crowd shots for Assembly marketing, archive and promotional activities that may also feature on our social media channels. Please alert Assembly staff if you object to being featured or refer to our Privacy Policy for further information.

[6.18] The price of the Ticket shall be the price set at the time We accept Your order. All advertised prices are inclusive of any applicable taxes and per Ticket booking fee (where applicable) but exclusive of any per transaction, collection or delivery fee.

[6.19] All Concessions and Discounts are subject to availability, they may be restricted to certain price levels and performances and can be withdrawn by Assembly festival without notice.

[6.20] Only one Concession or Discount is available per ticket.

[6.21] No order will be accepted until We have received full payment in cleared funds. We reserve the right to cancel any booking which We reasonably suspect to have been made fraudulently.

[6.22] If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on the Site or otherwise communicated to You, or You are able to order a ticket before its scheduled on-sale or presale date or You are able to order a Ticket that was not supposed to have been released for sale, then We will have the right to cancel that Ticket (or the order for that Ticket) and refund to You the amount that You paid. This will apply regardless of whether because of human error or a transactional malfunction of this website or other Assembly Festival operated system.

[6.23] Personal assistant of disabled customers in the UK are entitled to a free ticket in the UK if the person they are accompanying can show a locally issued disability card. Guide and Hearing dogs are welcome but other animals are not permitted inside the theatre.

[6.24] Late Night Performance – Note that, for the purposes of performance listing, each day begins at 05:00. For example, a performance listed online and, in the programme, as ‘00:30 Tuesday’ will refer to a performance starting in the early hours of Wednesday morning.

[6.25] Unless otherwise stated, seating will be offered on a first-come, first-served basis however we reserve the right to allocate seating in accordance with local Government rules and guidelines which may result in groups being seated separately.

[6.26] All Assembly Festival ticket prices at the 2022 Edinburgh Festival Fringe will contain a 50p COVID recovery levy. Please email info@assemblyfestival.com for further information.

CHANGES TO THE EVENT

[7.1] Assembly Festival or Performing company reserves the right to make alterations to the published Event programme where reasonably necessary. Where such alteration is a material change, you will be entitled to claim a refund in accordance with clause 8.2

REFUNDS/EXCHANGES

[8.1] Assembly Festival and Assembly Theatre Ltd operate strict no refunds or exchange policy.

[8.2] Except Where an Event is cancelled or rescheduled (subject to clause 7.1 and this clause) by the Venue or Promoter, 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 Event, you will be entitled to claim a refund from Us in accordance with this clause.

[8.3] A 'material' change to the programme of the Event 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 use of understudies in a theatre performance shall not be a material change.

[8.4] Where an outdoor Event is cancelled or curtailed because of adverse weather, we shall not be liable to make any refund or pay any compensation beyond the refunds that may be payable under the Venue's or Event Partner(s) rules.

[8.5] Where such a refund is sought due to cancellation, rescheduling or a material change to the programme of the Event, you must bring this to Our attention as soon as possible upon becoming aware of such material change, cancellation or where the Event has been rescheduled, prior to the rescheduled Event. The refund for Ticket(s) equals the price paid by You to Us for such Ticket, including the applicable per Ticket booking fee but excluding the per transaction collection or delivery fee.

[8.6] Refunds shall only be made to the person who purchased the Tickets and, when possible, is made using the same method as was used to purchase the Tickets except, at Our discretion, where payment was made by cash.

[8.7] Assembly Festival operates Strict no latecomers policy, and no refund will be issued to those who are late and have been refused entry to the theatre.

[8.8] It is the ticket holder’s responsibility to check the venue for the performance they are attending and be at the venue 20 mins prior to the showtime. Our tickets clearly state venue name, sub-venue name, full address, Fringe venue number and venue postcode. Assembly Festival is not liable, and no refunds will be issued to those who might be given the wrong information from a member of the public or any member of staff regarding a venue.

[8.9] 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 or the Department for Business Innovation and Skills

[8.10] Up until the start time of the performance, if you or a member of your party/bubble are suffering from or displaying symptoms of Covid-19, please notify us as soon as possible, and we will be able to offer an Exchange. Any complaints made after the Performance will not be considered and no refund or exchange will be issued.

LIABILITY

[9.1] Personal arrangements including travel, accommodation or hospitality relating to the Event which has been arranged by You are at your own risk. Our and the Event Partner(s)’ liability to You in connection with the Event (including, but not limited to, in the event of cancellation, rescheduling or material change to the programme of the Event) shall be limited to the Ticket price paid by You including the per Ticket booking fee but excluding the per transaction collection or delivery fee.

[9.2] Neither We nor the Venue nor the Event Partner(s) will be responsible for any loss, injury or damage to any person (including You) or property howsoever caused (including by Us and/or by Event Partner(s)): (a) in any circumstances where there is no breach of a legal duty of care owed by Us or the Event Partner(s); (b)in circumstances where such loss or damage is not a reasonably foreseeable 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 breach by You of any of these Terms and Conditions and/or any terms and conditions of the Event Partner(s).

[9.3] Nothing in these Terms and Conditions seeks to exclude or limit Our or the Event Partner(s)’ liability for death or personal injury caused by Our or the Event Partner(s)’ (as relevant) negligence, fraud or another type of liability which cannot by law be excluded or limited.

RESALE OF TICKETS

[10.1] You may not resell or Transfer a ticket if prohibited by law. Any resale or transfer (or Attempted resale or transfer) of a ticket in breach of the applicable law is grounds for seizure or cancellation of that ticket, and no refund or exchanges will be made on that ticket afterwards.

AFTER SALES / COMPLAINTS

[11.1] should you have any queries or complaints relating to your order, please contact our customer care team on info@assemblyfestival.com, we will acknowledge all customer correspondence within 5 working days.

MARKETING/ OFFERS

[12.1] Assembly Festival reserves the right to change these general terms and conditions which are applicable to all offers and discounts at any time without prior notice by amending these online for the avoidance of doubt, ticket prices may be subject to change at any time without notice at the management’s discretion.

[12.2] Offers and discounts are not transferable and cannot be used in conjunction with any other offer or discount.

[12.3] All offers, and discounts are subject to availability, can be changed or withdrawn without notice and may be available for a limited period only.

[12.4] Assembly festival runs varieties of the offers during the month of August which are communicated to customers publicly, via social media or privately for the particular audience. Regardless of the nature of these offers, any customer wishing to take advantage of these offers must ask a member of box office staff while they making a purchase.

EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)

[13.1] For the purposes of these Terms and Conditions, ‘Force Majeure’ means any cause beyond Our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lockout, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. We will not be liable to You for failure to perform any obligation under these Terms and Conditions to the extent that the failure is caused by Force Majeure. This Clause does not affect the terms of Clause 9.1-9.3.

GIFT VOUCHERS

[14.1] Gift vouchers are valid for 24 months from the purchase date.

[14.2] Vouchers can be redeemed for ticket purchases for any show as part of the Assembly Festival programme at the Edinburgh Festival Fringe subject to availability.

[14.3] Vouchers cannot be redeemed for any other purchases such as merchandise, bar sales or catering.

[14.4] Vouchers can be redeemed online through the Assembly Festival website, in-person at an Assembly Festival Box Office or over the phone.

[14.5] If the full value of the voucher is not redeemed in a transaction the remaining credit will be available to use within the eligibility period using the same voucher code.

[14.6] The risk of loss for the gift voucher passes to the purchaser or designated recipient when sent electronically and Assembly Festival are not responsible if any gift voucher is lost, stolen, destroyed or used without your permission.

[14.7] Vouchers cannot be redeemed for cash.

ENTIRE AGREEMENT

[15.1] These Terms and Conditions, and the terms and conditions of the Venue and the Promoter and any specially agreed terms constitute the entire agreement between the parties in connection to, its subject matter and supersede any previous terms and conditions, agreement 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 communicated by Us to You before You have completed Your purchase or set out in these Terms and Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.

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