1.1 CarCalendar Ltd. (“CarCalendar”, “we”, “us”, “our”) is a company registered in England and Wales under company number 12698619, with registered offices at 30 Unit E2 C/O T.E.S. Warelands Way Industrial Estate, Middlesbrough, Cleveland, United Kingdom, TS4 2JY.
1.2 We operate an online and mobile App service where you can search for and purchase car show and related event tickets. No tickets are sold by us, we simply facilitate the sale process via a direct link to the show organiser’s Stripe and/or Paypal accounts.
1.4 We promote the sale of Tickets and associated products and services on behalf of event organisers, promoters, venues, car clubs and other persons involved in the organisation of events (“Event Partner(s)”). Please note that we are not responsible for organising or delivering the events themselves.
1.5 It is the responsibility of the Event Partners to set the number and type of Tickets available via the CarCalendar on an event by event basis.
1.6 We promote the sale of Tickets from numerous online interfaces (desktop, mobile website and app). All of our interfaces access the same ticketing system and ticket inventory, therefore Tickets for popular events may sell-out quickly. Occasionally, additional Tickets for sold-out events may become available prior to events. However, we do not control Ticket inventory or its availability.
1.7 Please note, tickets cannot be exchanged or refunded after purchase via the CarCalendar service. We suggest that all enquires relating to refunds and/or exchanges be directed at the event partner.
1.8 Nothing in this Purchase Policy affects your statutory rights as a consumer. For further information about your statutory rights, please contact Citizens Advice.
1.9 We act solely as the event orgnaiser’s fulfilment partner and are not responsible for any aspects of your purchase from the event partner, save for delivery of tickets to you. If you have any queries or complaints regarding your purchase of tickets from any of our event partners or other third parties, please contact them directly.
- YOUR ACCOUNT AND REGISTRATION
2.1 In order to set up a CarCalendar account to purchase or sell Tickets you must:
(a) be at least 18 years old (or the age of legal capacity in the country of purchase) and able to enter into legally binding contracts; and
(b) follow the instructions to set up a password-protected account providing your correct full name and email address (all your details must be kept up to date at all times).
2.2 In order to set up a CarCalendar account to purchase a ticket, you must be at least 16 years old, however please note that the contract (and associated rights and obligations) for the purchase of that Ticket remains between you and the Event Partner.
2.3 If you are making purchases on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and this Purchase Policy and references to “you” refer and apply to that company or other legal entity).
2.4 Please refer to our Privacy Notice and Cookies Policy for more details on how we use and protect your personal data. If we are investigating your account, or if we are investigated ourselves, you agree to comply fully with our requests for information about you and your purchases.
2.5 You must not create or use multiple accounts with the purpose or intention of circumventing any of the terms of this Purchase Policy or concealing your identity or other personal details.
2.6 You must not use our website or app, your account and/or any of our related services (together the “CC Services”) for any unlawful purpose or in any unlawful manner. If we discover or suspect that you have used or are using or attempting to use the CC Services in such a way that a criminal offence has been, is being or might be committed, we are required by law to report your identity and details of such activity to the relevant authorities (and any relevant Event Partner).
2.7 We reserve the right to terminate your account and/or cancel any of your orders and/or prohibit you from making future orders or using the CC Services in future if:
(a) any abusive or threatening behaviour is carried out by you or on your behalf or via your account;
(b) we suspect any fraudulent activity or other illegal activity is carried out by you or on your behalf or via your account;
(c) we suspect any unauthorised use of your account or other unauthorised activity is carried out by you or on your behalf or via your account;
(d) we are ordered to do so by any legal or regulatory authority; and/or
(e) you otherwise breach the terms of this Purchase Policy or any other applicable policies or terms and conditions (including any applicable Event Partner’s terms and conditions).
2.8 You may close your account by emailing [email protected]. However, please note that such closure shall not take effect until after any events that you have purchased Tickets for have taken place.
2.9 Termination of your account and/or cancellations of any purchases under this Purchase Policy shall not affect our or your rights and liabilities which have accrued prior to and including the date of such termination or cancellation.
- LEGALLY BINDING CONTRACT
3.1 In order to make a purchase from us or any of our event partners, you must be at least 18 years old (or the age of legal capacity in the country of purchase) and able to enter into legally binding contracts. If you are purchasing online, you must also have a CarCalendar account and a valid credit or debit card issued in your name.
3.2 Any purchase from us or our event partners forms a legally binding contract that is subject to: (i) this Purchase Policy; (ii) any special terms and conditions stated to be applicable to a ticket and/or event; (iii) other terms and conditions of the Event Partner(s) and/or event; and (iv) any venue terms and conditions (including conditions of entry). You should read this Purchase Policy carefully before you make a purchase.
3.3 By purchasing one or more Items from us or our event partners, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Purchase Policy. If you do not agree with this Purchase Policy or any other applicable terms and conditions, or if you cannot comply with any of them, then you must not make a purchase.
3.4 We reserve the right from time to time to make changes to this Purchase Policy. Where we make any such changes, we shall post the updated version of this Purchase Policy on our website. Therefore, we recommend you check this Purchase Policy regularly to stay informed of its current terms and conditions. All purchases are subject to the applicable version of this Purchase Policy that was published at the time of purchase. If you do not agree with any revised version of this Purchase Policy, or if you cannot comply with it, then you must not make a purchase.
- PRICES, PAYMENT AND PLACING ORDERS
4.1 Accepted methods of payment include Paypal, Visa and MasterCard debit or credit cards (via Stripe)
4.2 Your contract for purchase starts once we have confirmed your order and ends immediately after completion of the event for which you have purchased Item(s).
4.3 If you do not receive an order confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your CarCalendar account or contacting the Event Partner whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for any costs or losses you incur if you assume that an order was or was not placed because you failed to receive an order confirmation.
4.4 All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by the Event Partner. Your order may be cancelled if it has not passed the relevant verification process or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank or payment provider, we reserve the right to cancel and refund any order for which an order confirmation has been sent. We accept no responsibility or liability for such cancellations, as these are outside our control.
4.5 It is prohibited to obtain or attempt to obtain any Items through unauthorised use of any robot, spider or other automated device or software, or through unauthorised framing or linking to any website, or through any other illegal or unauthorised activity. We reserve the right to cancel any orders that we reasonably suspect to have been made in breach of this Purchase Policy, without any notice to you, and any and all Items obtained as part of such orders will be void.
4.6 To prevent fraud and protect us, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We reserve the right to cancel any orders that we reasonably suspect to have been made fraudulently, without any notice to you, and any and all Items obtained as part of such orders will be void.
4.7 Please ensure that you read the full Item description details and are happy with your selection prior to purchase as we may be unable to rectify issues arising as a result of your mistake.
6.1 All CarCalendar tickets are supplied as an e-delivery, you are responsible for either (i) ensuring that you log in to your CarCalendar account and download your Tickets in good time prior to the event; or (ii) providing a valid email address for e-delivery of Tickets and ensuring that you are able to receive delivery of the Tickets by email (for example by ensuring that your email mailbox does not reject, bounce or otherwise prevent any relevant emails from being delivered, and by checking your email mailbox regularly (including junk or spam folders).
- TICKET RIGHTS AND OBLIGATIONS
8.1 Any Ticket you purchase via CC Services remains the property of the relevant Event Partner and is a personal revocable licence which may be withdrawn, and admission refused, at any time.
- TICKET RESTRICTIONS
9.1 When purchasing Tickets from an Event Partner, you are limited to a specified number of Tickets for each event. This number is included on the first purchase page and is verified with every order. This policy is in effect to discourage and prevent unfair ticket buying practices. Tickets may be restricted to a maximum number per person (or business, as applicable), per credit or debit card and, for some events or tours, a restriction may apply per household as well. We reserve the right to cancel any order(s) for Tickets purchased in excess of the relevant limits without notice.
9.2 Tickets may be sold subject to certain restrictions on entry or use, such as a minimum age for entry. Any such restrictions will be displayed or otherwise notified to you before or at the time of booking. It is your responsibility to ensure that you read all notifications and other important information displayed or notified to you as part of the purchase process. We will not be responsible if you or any guests under your booking are refused admission because of a failure to meet or prove that you/they meet any restrictions (e.g. a minimum age requirement).
9.3 You are not entitled to purchase any Tickets as a trader acting in the course of business with the intention of reselling your Tickets for profit unless formal written permission is given by us and the relevant Event Partner in advance. If we discover or have reason to suspect that you have purchased and intend to resell, or have sold Tickets in breach of this clause, we reserve the right to cancel your Tickets without notice.
9.4 You may not resell or transfer your Tickets if prohibited by law. In addition, Event Partners may restrict or prohibit the resale or transfer of tickets for some events. Any resale or transfer (or attempted resale or transfer) of a ticket in breach of the applicable law or any restrictions or prohibition imposed by an Event Partner is grounds for seizure or cancellation of that Ticket.
9.5 Tickets purchased from us may not:
(a) be used for advertising, promotions, contests or sweepstakes (or for other such similar commercial gain); and/or
(b) be combined with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package for sale or other distribution,
unless formal written permission is given by us and the relevant Event Partner in advance and provided that even if such permission is granted, use of our or any Event Partner’s trade marks and other intellectual property is subject to the express prior written consent of the owner.
- EVENT TIMINGS AND ADMISSIONS
10.1 Please note that advertised start times of events are subject to change.
10.2 Tickets are sold subject to the Event Partner’s right to alter or vary the programme of an event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, unless such change is a material alteration as described in clause 11, in which case the provisions of that clause shall apply.
10.3 Generally, every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.
10.4 The event 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 any terms and conditions of the event or any Event Partner.
10.5 Admission to all events 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. Please check with the venue directly. The unauthorised use of photographic and/or recording equipment at events may also be prohibited. The use of drones or similar equipment for any reason in, at or near the event venue without written permission from the event partner is strictly prohibited.
10.6 Breach of any of venue terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle the Event Partner to eject you from the venue.
10.7 Event Partners reserve the right to refuse admission to the venue, or to remove any person from the venue for reasons of public safety, any unacceptable behaviour likely to cause damage, nuisance or injury, or for any breach of the Event Partners´ terms and conditions.
10.8 Unless expressly authorised by the relevant Event Partner, there will be no pass-outs or re-admissions of any kind.
10.9 By attending an event, you and other patrons understand and agree to being photographed, filmed and/or recorded in relation to the event and/or for safety and security, including filming by the police. You and other patrons understand and agree that resulting photographs, videos, audio recordings and/or audiovisual recordings may be used in any and all media for any purpose at any time throughout the world (however, you may object to such use by specific request to [email protected]).
10.10 Prolonged exposure to loud music or noise may damage your hearing and we advise you and all patrons to wear adequate ear protection at events.
10.11 Special effects, which may include sound, audio-visual, pyrotechnic effects or lighting effects may be featured at an event, which may not be suitable for those with photosensitive epilepsy, or similar conditions.
- EVENT CANCELLATIONS AND ALTERATIONS
11.1 If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from our Event Partner. However, we cannot guarantee that you will be informed of such cancellation, rescheduling or alteration before the date of the event. It is your responsibility to ascertain whether an event has been cancelled, rescheduled or altered and the date and time of any rescheduled event.
11.2 Cancellation: If an event for which you have purchased Tickets or Packages is cancelled in full (and not rescheduled), your order will be cancelled, and you should contact the event partner directly to be refunded the Sale Price of your Tickets or Packages (Service Charges and Order Processing Fees may be non-refundable). If you have purchased Tickets or Packages for an event takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund.
11.3 Rescheduling: If an event for which you have purchased Tickets or Packages is rescheduled, Tickets and Packages will usually be valid for the new date (or you will be offered Tickets or Packages of a value corresponding with your original Tickets or Packages for the rescheduled event, subject to availability). If you notify the event partner within the specified deadline that you are unable to attend the rescheduled event, you should be able to cancel your order and obtain a refund of the Sale Price of your Tickets or Packages (Service Charges and Order Processing Fees are non-refundable). Failure to notify the event partner within any specified deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Tickets or Packages for the rescheduled event, and you may not be able to claim a refund.
11.4 Material Alteration: If an event for which you have purchased Tickets or Packages is “materially altered” (as defined in clause 11.5 below), Tickets and Packages will usually be valid for the altered event (or you will be offered Tickets or Packages of a value corresponding with your original Tickets or Packages for the altered event, subject to availability). If you notify the event partner within the specified deadline that you do not wish to attend the altered event, you should be able to cancel your order and obtain a refund of the Sale Price of your Tickets or Packages (Service Charges and Order Processing Fees are non-refundable). Failure to notify the event partner within any specified deadline that you do not wish to attend the altered event will be deemed to be a reconfirmation of your order for Tickets or Packages for the altered event, and you may not be able to claim a refund.
11.5 For the purposes of this Purchase Policy, a “material alteration” is a change (other than a rescheduling) which, in our and the relevant Event Partner’s reasonable opinion, makes the event materially different to the event that purchasers of Tickets, taken generally, could reasonably expect. In particular, please note that the following are not deemed to be “material alterations”: adverse weather conditions; changes of any advertised event contributor; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11.6 To claim a refund under clause 11.2, 11.3 or 11.4, please contact the event partner directly.
11.7 Refunds will be made by the event partner using the same means of payment as you used for the initial purchase.
- STATUTORY RIGHT TO CANCEL
13.1 Tickets and Packages cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out in clause 11 or 12.
13.2 To meet the relevant cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period, as set out by the event partner has expired.
13.3 If you cancel a purchase under this clause 13, the event partner will generally reimburse to you all payments received from you in relation to the relevant cancelled event.
14.1 The terms “including”, “include”, “in particular”, “e.g.” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
14.2 The headings used within this Purchase Policy are for reference purposes only and do not affect its interpretation. Clauses references in these terms and conditions are references to the clauses of these terms and conditions of this Purchase Policy.
14.3 Capitalised terms in this Purchase Policy shall have the special meaning ascribed to them as set out within this Purchase Policy.
- WARRANTIES AND INDEMNITIES
15.1 You represent and warrant that the information that you submit to us in relation to your account and in your use of the CC Services is true, accurate and complete and you will not use any false information, including contact information. You further warrant and represent that you are at least 18 years old (or the age of legal capacity in the country of purchase) and can enter into legally binding contracts for the purchase of Tickets.
15.2 You represent and warrant that in using our website, you shall comply with all applicable laws and regulations, along with the terms of this Purchase Policy and any other applicable terms and conditions.
15.3 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 this Purchase Policy or any other applicable terms and conditions, breach of any applicable laws or regulations, or breach of any third party rights.
- LIMITATION OF LIABILITY
16.1 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 Event Partners 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 the Event Partner):
(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or the relevant Event Partner;
(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 or an Event Partner’s 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 this Purchase Policy and/or any other applicable terms and conditions and/or any applicable laws or regulations.
16.2 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 Event Partners, shall not be liable for any indirect or consequential losses or loss of data, profits, revenue, earnings, goodwill, reputation, enjoyment or opportunity, or for distress, or any exemplary, special or punitive damages, arising directly or indirectly from your use of the CC Services and/or any purchases made under this Purchase Policy. In particular please note that:
(a) personal arrangements and expenditure, including travel, accommodation, hospitality and other costs and expenses incurred by you relating to an event which have been arranged by you are at your own risk, and neither we nor the relevant Event Partners shall be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation, rescheduling or alteration of an event for which you have purchased tickets under this Purchase Policy; and
(b) neither we nor any relevant Event Partner shall be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or altered; and
(c) neither we nor any relevant Event Partner shall be responsible or liable to you (and you will not be entitled to any refund) if admission to a venue or event is refused or revoked at any time as a result of your breach of any Event Partner’s terms and conditions.
16.3 Unless otherwise stated in this clause 16, our and any relevant Event Partner’s liability to you in connection with an event (including, but not limited to, for any cancellation, rescheduling or alteration of an event) and any Items you have purchased shall be limited to the price paid by you for the Items, including any Service Charges but excluding any Order Processing Fees.
16.4 We are not responsible for any internet connection errors experienced while using the CC Services.
16.5 We are not responsible for the actions or failures of any Venue, promoter or other Event Partner. Under no circumstances shall we be liable for death or personal injury suffered by you or your guests arising out of attendance at an event, unless caused by our negligence. Neither shall we be liable for any loss or damage sustained to your property or belongings, or those of any guests under your booking, attending an event.
16.6 We will not be liable to you for failure to perform any of our obligations under this Purchase Policy to the extent that the failure is caused by a force majeure event (meaning any cause beyond our reasonable control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments). This clause does not affect the terms of any clauses specifically providing for a right of refund.
16.7 Nothing in this Purchase Policy seeks to exclude or limit our or any Event Partner’s liability for death or personal injury caused by our or any Event Partner’s negligence, fraud or other type of liability which cannot by law be excluded or limited.
17 QUERIES, COMPLAINTS AND DISPUTE RESOLUTION
17.1 If we need to contact you, we will use your CarCalendar account contact details. It is your responsibility to inform us immediately of any changes to your contact details, whether before or after receipt of Items. In particular, 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.
17.2 If you have any queries or complaints regarding your purchase, please contact the event partner directly, quoting any order reference numbers.
17.3 Please note that we do not tolerate aggressive or abusive behaviour towards our staff or representatives, or unreasonable demands or persistence being used (including any threat, abuse or harassment towards our staff or representatives in any form or any media). We reserve the right to take such action we deem reasonably necessary in the circumstances to address any such behaviour towards our staff or representatives.
18.1 If we delay or fail to enforce any of the provisions of this Purchase Policy, it shall not mean that we have waived our right to do so.
18.2 We shall be entitled to assign our rights and obligations under this Purchase Policy provided that your rights are not adversely affected.
18.3 If any provision of this Purchase Policy is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from this Purchase Policy and this shall not prevent the other provisions from continuing to remain in full force and operate separately.
18.4 If any provision of this Purchase Policy 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 this Purchase Policy.
18.5 Any of our and our Event Partners’ affiliates, successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999. Except as provided in the previous sentence, this Purchase Policy does not create any right enforceable by any person who is not a party to it but does not affect any right or remedy that a third party has which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.
18.6 Nothing contained within this Purchase Policy and no action taken by you or us pursuant to this Purchase Policy shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent.
18.7 Any notice provided under this Purchase Policy shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email).
18.8 This Purchase Policy shall be governed by and construed in all respects in accordance with English law and both you and we agree to submit to the non-exclusive jurisdiction of the English courts in relation to any dispute arising out of or in connection with this Purchase Policy.
Publication Date: 7 March 2021.