5.      How a Contract is formed between you and the Organiser

5.1.             In order to place an order for Tickets via the Site, you will need to take the following steps:

5.1.1.          Follow this step-by-step guide: support.helmtickets.com/article/110-how-to-register-and-buy-tickets

5.2.             Once you have received a Confirmation Email (see clause 5.5, below), the Organiser is not under any obligation to exchange your Tickets for a different Event, date, time, location and/or seat category or refund your order (see clause 9, below), even if Tickets that you may prefer become available for another Event, time, date, location and/or seat category.

5.3.             The order process allows you to check and amend any errors in your order for Tickets at each stage of the process. Please take the time to read and check your order for Tickets at each stage of the order process. The order summary shown to you before you submit your order will summarise your order including the total price of the Tickets you have ordered and any additional charges (for example, booking fees). Please also check the order summary carefully before submitting your order.

5.4.             As part of the checkout process, you will be asked to complete your payment details. Where requested, you must complete the compulsory fields indicated. All credit/debit card transactions are processed using an online third party payment gateway (operated by Stripe, Inc), which encrypts your card details and cannot be accessed by us or the Organiser.

5.5.             After you place an order, you will receive a Confirmation Email. The Contract between you and the Organiser will only be formed and your order for Tickets will only be accepted (and your Ticket will only become valid) when payment has been taken in full in cleared funds for the Tickets you have ordered and when we have sent you a Confirmation Email. To the extent that there is any delay between taking payment and the Confirmation Email being sent to you, you acknowledge and agree that you have consented to us taking funds from your bank account (to the value of the order you have submitted) in anticipation of a Contract being formed between you and the Organiser.

5.6.             If, following submission of your order for Tickets, you do not receive a Confirmation Email, please contact us via email at support@helmtickets.com or by using the “chat” facility on our Site and provide us with details of the order you submitted (i.e. your full name, your full address and the email address you included in your order for Tickets) and a contact telephone number. Following receipt of those details, we will attempt to resolve the issue with you (for example by re-sending the Confirmation Email or sending the Confirmation Email to another email designated by you (subject to you providing us with satisfactory evidence of your identity to confirm your name and address)) as soon as possible. If we are unable to resolve the issue within a reasonable time to your satisfaction and if you have already paid for the Tickets, we will refund you the full amount. If we are unable to contact you using the contact details you provided during the order process, we and the Organiser will treat the order as cancelled and notify you. We will also refund to you the price you paid in advance (if any) for any Ticket in respect of which an order is treated as cancelled.

7.1.             The prices of the Tickets will be as quoted on our Site from time to time. We take reasonable care to ensure that the prices of Tickets quoted on our Site are correct at the time they are entered. However if we or the Organiser discover an error in the price of any Tickets you ordered, please see clause 7.4 for what happens in this event.

7.2.             Prices for Tickets may change from time to time, but changes will not affect any order for which we have received payment in full in cleared funds and we have confirmed with a Confirmation Email.

7.3.             The purchase price of a Ticket and any booking fee payable in addition to the purchase price of a Ticket are inclusive all applicable VAT.

7.4.             It is always possible that, despite the Organiser’s and our reasonable efforts, some of the Tickets on our Site may be incorrectly priced. If the Organiser discovers an error in the price of the Tickets you have ordered prior to us receiving payment in full in cleared funds from you and prior to sending you a Confirmation Email, we will inform you of this error and we will give you the option of continuing to purchase the Ticket at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we and the Organiser will treat the order as cancelled and notify you in writing. We will also refund to you the price you paid in advance (if any) for any Ticket in respect of which an order is cancelled or treated as cancelled.

8.      How to pay

8.1.             We take payment for Tickets for and on behalf of the Organiser and we will pass your payment on to them (after deduction of our charges to the Organiser).

8.2.             You can only pay for Tickets using a debit card, credit card and such other payment methods as we make available on our Site from time to time. All payments are subject to authorisation by your card issuer and we will only accept your order and a binding Contract will only be formed between you and the Organiser when payment has been taken in full in cleared funds for the Tickets you have ordered and when we have sent you a Confirmation Email.

8.3.             Payment for the Tickets is in advance. You will only own the Tickets once we have received payment in full.

8.4.             For your protection, for our protection and for the protection of Organisers (e.g. to prevent fraud), we may sometimes carry out additional security and/or payment verification checks before or after we have sent you a Confirmation Email, so that we can verify your purchase. For example, we might ask you (e.g. via email) to provide us with a copy of a credit card or bank statement for the bank account used to pay for Tickets). We and the Organiser reserve the right to refuse to send you a Confirmation Email and/or to cancel your Tickets (and refund any sums paid to the bank account used to pay for the Tickets) if you refuse to comply with our additional security and/or payment verification checks.

9.      Cancellations and refunds

9.1.             If you are a consumer, the statutory cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to contracts for the supply of services related to leisure activities, where the contract provides for a specific date or period for of performance. If, after submitting your order, you change your mind about your order you will not have a legal right to cancel the Contract. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.

9.2.             All purchases are final and non-refundable when the Contract between you and the Organiser is formed (see clause 5.5, above). However, in exceptional circumstances the Organiser may be able to provide you with alternative Tickets for another Event, day, time, location and/or seat category (as relevant). Such alternative Tickets are subject to availability and the Organiser’s discretion and the Organiser makes no representation, assurance or warranty that such alternative Tickets will be available for an alternative Event, on the day, at the time, the location or for the seat category you request or at all.

9.3.             For the avoidance of doubt, the Organiser will not issue replacement Tickets or any refund if the Tickets you have ordered are lost or stolen after they have been delivered to you.

9.4.             If an Event is rescheduled, or the date, time and/or location of the Event is changed, the Organiser will contact you (using the email address you provided when you submitted your order for Tickets) and will give you the option of exchanging your Ticket for the alternative date, time and/or location or issue you with a refund of the price you paid for the Ticket, but not any additional charges you paid (if any) in respect of your Ticket (e.g. booking fees and/or postage charges).

9.5.             If the Event is cancelled, the Organiser will contact you to notify you (using the email address you provided when you submitted your order for Tickets) and will issue you with a  refund of the price you paid for the Ticket, but not any additional charges you paid (if any) in respect of your Ticket (e.g. booking fees and/or postage charges).

9.6.             The Organiser will use its best endeavours to send you your refund within 30 days of the date on which your Ticket is cancelled. Refunds will be paid to the credit or debit card you used to pay for your Tickets.

10.      Liability to you (YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE)

10.1.          If the Organiser fails to comply with these Terms or if we or the Organiser are held by a Court to owe any non-contractual duty of care to you, we and the Organiser are responsible for loss or damage you suffer that is a natural, foreseeable consequence of the Organiser’s breach of these Terms or our/their failure to use reasonable care and skill, but we and the Organiser are not responsible for any loss or damage that is not so foreseeable or which is not caused by our/the Organiser’s failure to use reasonable care and skill. Loss or damage is “foreseeable” if it is an obvious that it will happen or if, at the time the Contract was made, both the Organiser and you knew it might happen, for example if it was discussed during the Ticket sales process.

10.2.          Organisers only supply the Tickets to consumers for use in connection with their Events. You agree not to use the Tickets for any commercial, business or re-sale purposes, and in any event we and the Organiser will have no liability to you for any loss of profit, loss of enjoyment, loss of or damage to reputation or goodwill, loss of business, business interruption, or loss of business opportunity that you suffer if you choose to use the Tickets for any commercial or business purpose.

10.3.          We and the Organiser do not in any way exclude or limit our liability for:

10.3.1.        death or personal injury caused by our negligence or that of our employees, agents or subcontractors;

10.3.2.        fraud or fraudulent misrepresentation;

10.3.3.        any liability or responsibility that cannot be excluded or restricted under section 57 of the Consumer Rights Act 2015;

10.3.4.        nor any other matter for which it would be unlawful for us to exclude or limit our liability or unlawful for us to attempt to exclude or limit our liability.

11.      Force Majeure (YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE)

11.1.          The Organiser will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under a Contract (including, for the avoidance of doubt, the operation of an Event) that is caused by a “Force Majeure”.

11.2.          A “Force Majeure” includes any act, event, non-happening, omission or accident outside our or the Organiser’s reasonable control and includes in particular (without limitation) the following:

11.2.1.        severe or adverse weather conditions;

11.2.2.        strikes, lock-outs or other industrial action;

11.2.3.        civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

11.2.4.        fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or act of God;

11.2.5.        impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, for example due to road closures or exceptional traffic congestion;

11.2.6.        impossibility of the use of public or private telecommunications networks;

11.2.7.        the acts, decrees, legislation, regulations or restrictions of any government;

11.2.8.        denial of service attacks or other types of attacks that are directed toward the infrastructure that supports the Site;

11.2.9.        any type of outage or service degradation relating to the unavailability of a financial institution including, but not limited to, issuers and/or acquirers or any third party switch or processing system;

11.2.10.     any failure or service outage that falls outside of our control.

11.3.          The Organiser’s performance under any Contract is deemed to be suspended for the period that the Force Majeure continues, and the Organiser will have an extension of time for performance for the duration of that period. The Organiser will use its reasonable endeavours to bring the Force Majeure to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure.

11.4.          If a Force Majeure takes place that affects the performance of our obligations under a Contract, the Organiser will endeavour to contact you as soon as reasonably possible to notify you. If a Force Majeure prevents the Organiser from providing you with an Event (or part of an Event) on the date referred to on your Ticket, the Organiser will either:

11.4.1.        agree an alternative date on which we can provide the Event (or part of an Event) to you and issue you with a Ticket for that alternative date; or

11.4.2.        issue you with a refund for the amount of the Event (or part of a Event) that we did not provide to you as a result of the Force Majeure.

This clause 11.4 sets out your sole and exclusive remedy in the event that a Force Majeure prevents the Organiser from performing its obligations under a Contract.
You recognise and agree that due to the nature of Events, Force Majeure may arise on the day of your Event or at the last minute. Even though you may have incurred expenses (e.g. petrol and other travel costs) in getting to the Event, we exclude all liability to you for such expenses. You recognise and agree that this is reasonable (even though such expenses might have been reasonably foreseeable at the time we entered into the Contract), because Ticket prices are calculated on the basis that we do not have any liability to you for such expenses.

12.      Our right to vary these terms

12.1.          We may update or amend these Terms from time to time. Please review these Terms regularly to ensure you are aware of any changes we have made. Subject to clause 7.2, your continued use of the Site after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

12.2.          Once your order has been confirmed and a Contract formed, we will not make any changes to the Terms that apply to your order. However if you are a returning customer please check the Site regularly to ensure you are aware of any changes we have made to our Terms since the last time you visited the Site. 

13.      Communications between us

13.1.          When we refer, in these Terms, to “in writing”, this will include email unless it is clear that email is not intended to be included in any particular scenario.

13.2.          Applicable laws require that some of the information or communications we send to you should be in writing. When using the Site to order Tickets, you accept that communication between you and us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14.      Notices

14.1.          Unless stated elsewhere in these Terms, all notices given by you to us must be given in writing in the English language. You can send notices to us by email at support@helmtickets.com or by pre-paid post to Pynes Hill Business Centre, Pynes Hill, Exeter, EX2 5JL. We will confirm receipt of your notice by contacting you in writing, normally by email to the email address you gave us when you submitted your order. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped with the correct postage paid and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

15.      Our right not to accept orders and applicable refund

15.1.          We may decide not to accept an order from you for Tickets. If we do so, if you have made any payment in advance for the Tickets, we will refund you the full amount you have paid as soon as possible.

16.      Other important terms

16.1.          All amounts due under this Contract shall be paid in full, without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

16.2.          The Organiser may transfer this agreement to someone else. The Organiser may transfer its rights under a Contract to another organisation, but this will not affect your rights or obligations under these Terms. You may only transfer your obligations under these Terms to another person if the Organiser agrees in writing.  

16.3.          Nobody else has any rights under these Terms/a Contract. The Contract is between you and the Organiser. No other person shall have any rights to enforce or rely on any of its terms, save that we may rely on these Terms for the purposes of enforcing clause 10.

16.4.          If a court finds part of this Contract illegal, the rest will continue in force. Each of the clauses of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses (and part clauses, where relevant) will remain in full force and effect.

16.5.          Even if the Organiser delays in enforcing a Contract, the Organiser can still enforce it later. If the Organiser does not insist immediately that you do anything you are required to do under these Terms, or if the Organiser delays in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things or prevent the Organiser taking steps against you at a later date.

16.6.          Which laws apply to this Contract and where you may bring legal proceedings. These Terms are governed by English law and you or the Organiser can bring legal proceedings in respect of the Contract, your Tickets and/or an Event in the English courts. If you live in Scotland you or the Organiser can bring legal proceedings in respect of the Contract, your Tickets and/or an Event in either the Scottish or the English courts. If you live in Northern Ireland, you or the Organiser can bring legal proceedings in respect of the Contract, your Tickets and/or an Event in either the Northern Irish or the English courts.

16.7.          Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we or the Organiser have handled any complaint or you fail to resolve a dispute between you and the Organiser in relation to the Contract, your Tickets and/or an Event you may want to contact the following certified ADR provider RetailADR, whom the Organiser is willing to work with. Further information about RetailADR is available on their website at  https://www.retailadr.org.uk/. We are also required to provide you with a link to the European Commission’s Online Dispute Resolution (ODR) platform: http://ec.europa.eu/consumers/odr/.