Website terms and conditions of use
PriorBooking.com provides online event promotion and ticketing services.
Event Organisers may also sign up with us as Partners (“Partners”) in order to assist in the promotion of Events by unconnected Event Organiser’s on our site so that bookings attribute able to their promotion will entitle them to a share of our booking fees received for Services on the specific terms set out below.
These Terms will apply to any contract between us for the provision of Services to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering or using any Services from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Services from our site.
The Contract is usually between us and the Event Organiser to list the Event on our website and to provide ticketing services. The Customer contracts with the Event Organiser through our website to purchase tickets for an Event. Any issues relating to an Event therefore should normally be addressed with the Event Organiser in the first instance.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Services, please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on 17 June 2016.
These Terms and any Contract between us are only in the English language.
1. Information about us
1.1 We operate the website PriorBooking.com. We are Prior Booking Limited; a company registered in England and Wales under company number 08626877 and with our registered office at 2nd Floor Royal Buildings, Victoria Street, Derby, DE1 1ES.
1.2 Contacting us
You may contact us by telephoning our customer service team at 01332 477575 or by e-mailing us at [email protected] If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 16.2.
2. Our Services
2.1 The images on our site are for illustrative purposes only.
2.2 Although we have made every effort to be as accurate as possible, details of Events will be based solely on information provided by Event Organisers.
2.3 We grant you the right to access and use our website solely for the purpose of Services including registering Events, booking tickets for Events, paying for tickets for Events through Stripe and browsing.
3. Use of our site
Your use of our site is governed by our Terms of website use. Please take the time to read this, as it includes important terms that apply to you.
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
If you are a consumer, you may only purchase Services from our site if you are at least 18 years old.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7.How the contract is formed between you and us
7.1 Our pages will guide you through the steps you need to take as an Event Organiser to place a listing order with us to enable tickets to be booked for an Event. Our listing process allows you to check and amend any errors before submitting your Event to us. Please take the time to read and check the details of your Event at each page of the order process.
7.2 After you list your Event, you will receive an e-mail from us acknowledging that we have received your Event. Please note that this does not mean that your Event listing has been accepted. We may de-list or reject your listing in accordance with 7.3 and 7.4 below.
7.3 We reserve absolutely the right to de-list or reject any listing for an Event that we, in our absolute opinion, consider inappropriate, potentially illegal, offensive, defamatory and/or not compatible with our business strategy or ethics.
7.4 If we are unable to supply you with Services as an Event Organiser we will inform you of this by email and we will not process your listing or de-list as appropriate.
7.5 If you are a Customer any issues concerning an Event and/or potential refunds are the responsibility of the Event Organiser.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
8.3.1changes in relevant laws and regulatory requirements changes in the operation and Services offering of our business.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
9. No international delivery
9.1 Unfortunately, we do not allow listings to Event outside the UK.
9.2 You may place an order for an Event from outside the UK, but this order must be for an Event in the UK.
10. Price of services and delivery charges
10.1 The prices of our Services to Event Organisers will be as quoted on our site at the time you submit your order and will be based on as per ticket booking fee. As an Event Organiser it will be at your option to pass on the booking fee charged by us to your Customer or to absorb it in your event ticket prices. As an Event Organiser it is your responsibility to ensure that the prices of tickets and other services you are offering are correct at the time when the relevant information was entered onto the system.
10.2 Prices for our Services may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
11. How to pay
11.1 Customers can only pay for ticket orders using the secure online third party payment service provided by “Stripe”. Stripe will account to us for agreed booking fees. We are not a party to any contract for payment services between Event Organisers Customers and Stripe. Stripe will account to Event Organisers for booked ticket prices collected (less any booking fees due to us) in accordance with their terms of business.
11.2 It shall be the sole responsibility of the Event Organiser to deal with and provide all and any refunds including meeting our booking fees in respect of any refunds howsoever arising.
11.3 It is the Event Organiser's responsibility to inform all Customers of their refund policy and issue refunds as appropriate.
11.4 Event Organisers hereby indemnify us fully for all claims liabilities costs and settlements for refunds, errors or failures to make refunds and for all booking fees due to us in respects of refunds.
12. Our warranty for the services
12.1 We reserve the right, at any time, to modify, suspend or discontinue, temporarily or permanently our website (or any part thereof) for any reason or no reason with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinued service.
13. Event parties
13.1 The Event Organiser will set their own terms and conditions for the Events. These terms and conditions will not supersede any of our terms that apply in priority to all other terms and conditions.
13.2 Event Information
(a) Event information, quantity of tickets available, ticket price, Event Organiser terms and conditions and refund policy, is the sole responsibility of the Event Organiser. We have no influence regarding this information. It is the Event Organiser's duty to ensure the validity of this information.
(b) By proceeding to a payment gateway after selecting an Event ticket(s), the Customer accepts the offer for the conclusion of the purchase contract. In order to accept the offer, the Customer is required to have filled out all the necessary fields and to have accepted the Event Organiser's terms and conditions and our terms and conditions.
14.1 Partners are persons who sign up with us to assist in introducing and promoting new Event Organisers and Events on our website.
14.2 Partners will be provided with links for websites and social media pages and will be entitled to receive a percentage of the booking fees we earn from Events introduced to us by Partners for new Event Organisers opening a new account with the website generated unique url of a Partner and such percentage shall be specified when you sign up as a Partner and may be altered from time to time at our discretion on giving you prior notice (“Commission”). For the avoidance of doubt, Commission can only be tracked and will only be payable where the Partner's unique url has been used by the new Event Organiser.
14.3 Partners shall not be entitled to Commission on Events for which they are the Event Organiser or in which, in our opinion, they are directly or indirectly connected or involved.
14.4 Commission will be payable directly to a Partner’s Stripe account on request, subject to a minimum threshold balance of £20.00 before a transfer may be requested.
14.5 Commission must be claimed within 24 months or entitlement to it will lapse and we shall be entitled to retain it.
15 Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 0.
15.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or failure of operation of our website howsoever arising.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a listing affected by an Event Outside Our Control that has continued for more than 30 days. To cancel please action de-listing your Event yourself or contact us.
16 Communications between us
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
16.3 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
16.4 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 and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.5 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. Other important terms
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 17.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.5 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.6 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
17.7 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).