Standard Terms and Conditions for sale of entertainment tickets
1. Nature of these Terms and Conditions
1.1 These Terms and Conditions are the “Terms and Conditions” referred to in the Ticket(s) issued to the ticket holder (“you”) by the West Kowloon Cultural District Authority (“we”) or to anyone who in our reasonable opinion is acting on your behalf with your authority or permission, for the admission to the performance of the Event at the Venue held on the Date and Time presented by the Event Partner(s).
1.2 For the purpose of these Terms and Conditions,
(a) ‘Event’ means an entertainment event including, without limitation, a concert, exhibition, sport, tour, seminar, trade show, theatrical and/or music event to be held at the Venue in respect of which we have the right to sell you the Tickets.
(b) ‘Event Partner’ means any party involved in the provision of the Event, such as a Promoter, Venue owner/operator, performer or producer.
(c) ‘Promoter’ means the person, business or company staging the Event if different from us.
(d) ‘Venue’ means any facilities or locations of any nature where the Event is being held.
(e) ‘Working Day’ means Monday to Friday, excluding any Public Holidays.
1.3 Full descriptions and details of the Event, Venue, Date and Time, Event Partners are printed on the Ticket(s) issued to you. Tickets can be printed, electronic or other type of evidence (including a wristband) of the right to occupy space at or to attend an Event sold by us to you on behalf of the Event Partner(s).
1.4 Your purchase of Ticket(s) is subject to these Terms and Conditions, and other terms, conditions and regulations of the Event Partner(s) or the Venue. All such terms and conditions are printed or referred to in the Ticket(s), which together with the full descriptions and details as mentioned in Paragraph 1.3 constitute the entire Contract between you and us for the purchase of the Tickets and supersede any previous terms and conditions, agreement or arrangement between us. You have not entered into the Contract 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 us other than as expressly set out in the Contract.
1.5 In the event of any inconsistency between these Terms and Conditions and the requirements of the Promoter set out in the Contract, these Terms and Conditions shall prevail.
2. Purchase of Tickets
2.1 Subject to payment card verification and security checks, your Tickets are valid as soon as we have processed your payment and will expire immediately after the performance of the Event for which you purchased Tickets. Tickets will be cancelled if your payment has not passed the verification processes.
2.2 All Tickets are sold subject to availability and to these Terms and Conditions. You must read these Terms and Conditions carefully and raise with us any queries relating to them prior to purchase, as purchase of Ticket(s) constitutes your agreement of these Terms and Conditions. A valid Ticket must be produced to get into an Event. You must notify us of any access requirements at the time of booking. Removing any part of, altering or defacing the Ticket may invalidate your Ticket.
2.3 It is your responsibility to check your Ticket(s) as mistakes cannot always be rectified after purchase. You must check your Ticket(s) on receipt carefully and contact us immediately if there is a mistake.
2.4 Ticket(s) may be restricted to a maximum number or sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restriction shall be displayed on our website or otherwise notified to you before or at the time you book the Ticket(s). It is your responsibility to ensure that you read all notifications displayed on our website. We reserve the right to cancel Ticket(s) purchased in excess of the maximum number, without prior notice unless the purchase of Ticket(s) in excess was due to our error, in which case we will notify you prior to cancelling your Ticket(s).
2.5 We will not be responsible for any Ticket that is lost, stolen or destroyed. We only accept responsibility for Tickets bought from our own managed sales points. Any queries regarding Tickets purchased from ticket agents must be directed back to the relevant ticket agent.
2.6 It is not always possible to issue 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. Duplicates may therefore be issued at our discretion or that of the Promoter acting reasonably.
2.7 You agree not to obtain or attempt to obtain any Ticket(s) through unauthorised use of any robot, website or other automated device or any other illegal or unauthorised activity. We reserve the right to cancel any Ticket which we reasonably suspect to have been made in breach of these Terms and Conditions without any notice to you. Any and all Ticket(s) purchased as part of such transaction will be void.
3. Price and Payment
3.1 The price of the Ticket shall be the price set at the time we accept your purchase order and printed on the Ticket, but exclusive of any delivery fee.
3.2 No purchase 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.
3.3 All concessions and discounts are subject to availability, they may be restricted to certain price levels and performances and can be withdrawn by us without notice.
3.4 Only one concession or discount is available per Ticket.
3.5 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
3.6 If the amount you pay for a Ticket is incorrect regardless of whether because of an error in a price posted on the Venue or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or pre-sale 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 purchase order for that Ticket) and refund to you the amount that we received. This will apply regardless of whether because of human error or a transactional malfunction of our website or our other operated system.
4.1 If you select “Electronic ticket”, your Ticket(s) will be delivered as an e-ticket to the email address provided when you ordered the Ticket(s). Your e-ticket must be clearly printed to scale on plain A4, clean, white paper. Problems with printing will not be our responsibility or the responsibility of the Venue. Unauthorised duplication of your e-ticket may prevent your admittance to the Event. We are not responsible for any inconvenience caused by unauthorised duplication. If unauthorised duplicates appear, we reserve the right to refuse entry to all Ticket holders and may credit the original purchaser the face value, which will constitute a full refund. A hard copy duplicate Ticket issued by us, will render the original e-ticket null and void. If you do not select “Electronic ticket”, your Ticket(s) will be delivered in accordance with Clauses 4.2 to 4.7.
4.2 Ticket(s) will only be delivered to the billing address of the debit/credit card holder unless we specifically offer you the facility for Ticket(s) to be sent to an alternative address. Delivery is entirely at your own risk.
4.3 Ticket(s) will arrive no later than 5 Working Days before the date of the performance. If your Ticket(s) are not being held at the Venue ticket office, and you have not received your Ticket(s) from us 5 Working Days prior to the Event, please contact us.
4.4 If Ticket(s) dispatched by ordinary post, special delivery or signed for post are returned to us as ‘addressee unknown’, we reserve the right to cancel your booking and make a refund of the Ticket price only.
4.5 We reserve the right to make Ticket(s) available for collection at the Venue ticket office. You will be notified at point of sale, by telephone, by email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary.
4.6 Where there is not enough time to deliver Ticket(s) by post, we will inform you about the arrangements for collection of your Ticket(s).
4.7 If you are collecting your Ticket(s) from the Venue ticket office, you must have an acknowledgement of purchase order sent by us to you, and the credit/debit card used by you to purchase Ticket(s). You may also be required to present your photo identification document.
5. Changes to Event
5.1 The Event Partner(s) reserve the right to make alterations to the published Event programme where reasonably necessary. Where such alteration is a material change (as described in Clause 7), you will be entitled to claim a refund in accordance with Clause 7.
5.2 We and the Event Partner(s) reserve the right to provide alternative seat(s) at the Event to those specified on the Ticket(s) if the staging of the Event reasonably requires, provided they are of no less value to that stated on the Ticket(s).
6. Cancelled/Re-scheduled Events
6.1 It is your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, we will use our reasonable endeavours to notify you using the details you provided us with at the time of ordering. We do not guarantee that you will be informed of such cancellation or re-scheduling before the Date of the Event.
6.2 It is your responsibility to inform us of any change to your contact address, telephone number or email address you provided us with at the time of ordering.
7.1 Except where we offer an applicable Ticket exchange facility, Ticket(s) cannot be exchanged, cancelled or refunded after purchase unless the performance is cancelled or rescheduled (subject to Clause 6) or where there is a material change to the programme or Event.
7.2 Where an Event is cancelled or rescheduled (subject to Clause 6 and this Clause) by the Venue manager or the 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.
7.3 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 Tickets, taken generally, could reasonably expect. The use of understudies in a theatre performance shall not be a material change.
7.4 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 refund that may be payable under the rules of the Event Partner(s) or the Venue.
7.5 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 received by us for such Ticket.
7.6 Refunds shall only be made to the original person in our records who purchased the Tickets and, when possible, be made using the same method in our records as was used to purchase the Tickets except, at our discretion, where payment was made by cash or Octopus card.
8. Limitation of Liability
8.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by you are at your own risk. Unless otherwise stated in this Clause, our liability and that of the Event Partner(s) 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 received by us. Delivery fee is non-refundable.
8.2 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, by the Venue and/or by Event Partner(s)) except if any such injury or death is caused by the negligence by us, the Venue and/or the Event Partner(s) and to the extent that any increase in any loss or damage results from your breach of these Terms and Conditions and/or any terms and conditions of the Venue or the Event Partner(s). To the extent permitted under applicable law, under no circumstances shall we, the Venue or the Event Partners be liable under any tort, contract, strict liability or other legal or equitable principles for economic loss, business, goodwill, (whether direct or indirect), indirect, incidental, special, consequential or exemplary loss or punitive damages, each of which is excluded by your agreement regardless of whether such losses and/or damages were foreseeable or you had been advised of the possibility of such damages. Notwithstanding anything in the Contract to the contrary, other than the refund obligations under Clause 8.1, our aggregate liability, including for claims, expenses, damages or indemnity obligations under or in connection with the Contract or the performance of the Event shall not exceed three times of the price of the Tickets received by us.
8.3 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 us or the Event Partner(s)’ negligence, fraud or other type of liability which cannot by law be excluded or limited.
9. After-sales Care and Complaints
9.1 Should you have any queries or complaints relating to your Ticket purchase, please contact our ticketing team on (852) 2200 0022 or email [email protected]. We will use our best endeavours to acknowledge all customer correspondence within 24 hours.
10. 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 a ground for seizure or cancellation of that Ticket.
11. Void Tickets
11.1 Any Ticket obtained in breach of these Terms and Conditions shall be void and all rights conferred or evidenced by such Ticket shall be void. Any person seeking to use such a void Ticket in order to gain or provide entry to an Event may be considered to be a trespasser and may be liable to be ejected and liable to legal action. Void Ticket(s) are non-refundable.
12. Intellectual Property or Trademarks
12.1 Possession of a Ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.
12.2 Any Ticket cannot be used for advertising, promotions or contests, unless formal written permission is given by the Event Partner(s), provided that even if such consent is obtained, use of our trademarks and other intellectual property is subject to our prior consent.
13. Conditions of Admission and Attendance
13.1 The Venue manager reserves the right to refuse your admission to the Venue in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.
13.2 The Venue manager also reserves the right to request that you 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 manager may remove a Ticket holder who:
(a) 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
(b) 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
(c) in the reasonable opinion of the Venue is under the influence of drugs or has consumed an excessive amount of alcohol; or
(d) fails, when required, to produce proof of identity or age; or
(e) 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.
13.3 You must comply with instructions and directions given by Venue staff and stewards.
13.4 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.
13.5 No Children under 6 will be admitted to the Venue except where specifically stated at the time of booking. Children (ages 18 months to 15 years inclusive unless otherwise stated at the time of booking and on the ticket) shall require their own ticket which shall be at full ticket price if no child concessions are available at the time of booking. Babes in arms (children under 18 months unless otherwise stated at the time of booking and on the ticket) shall be admitted free of charge to those shows they may attend (children’s and family shows only) however children under the age of 18 months will not be admitted to any performance unless they are specifically aimed for them (i.e. children’s and family shows). Children must be supervised at all times and supervision of children shall be by not less than 1 adult per 10 children. The Venue manager reserves the right to ask parents / supervisors to remove children if, in the opinion of the Venue manager, they are causing a disturbance.
14. Restrictions and Prohibitions
14.1 The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden. Unauthorised recording equipment, recordings, tapes, films or similar items may be confiscated and destroyed or deleted. Any recording made of an Event in breach of these Terms and Conditions shall belong to the Event Partner(s). The Event Partner(s) and Venue will not be liable for any loss, theft or damage to confiscated items.
14.2 By attending an Event, you consent to filming and sound recording as a member of the audience. The Event Partner(s) may use such films and recordings (including any copies) without payment.
14.3 You shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.
14.4 Mobile telephones and messaging equipment must be switched off during the Event.
14.5 Alcohol may only be consumed in public bars and other authorised areas. Smoking is not permitted unless within a designated smoking area (if any).
14.6 The following are not permitted within any Venue:
(a) animals (with the exception of assistance dogs);
(b) laser pens, fireworks, flares, smoke bombs;
(c) your own food and drink (unless permitted by the Venue);
(d) bottles, cans or glass containers (unless permitted by the Venue);
(e) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives); and
(f) illegal substances.
14.7 The Venue manager reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the Venue manager, may cause danger or disruption to other members of the audience or the Event or is one of the items not permitted in the Venue as listed above.
14.8 Every effort shall be made to admit latecomers to Events at a suitable break in the Event, which may be the interval, but late admission cannot be guaranteed.
14.9 You may only leave and re-enter the Venue during an Event at the discretion of the Venue manager. Otherwise, there will be no re-admission or pass-outs of any kind.
15. Health and Safety
15.1 You must comply with all relevant statutes, safety announcements and Venue regulations whilst attending the Event. If you 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.
16.1 If we delay or fail to enforce any of these Terms and Conditions, it shall not mean that we have waived our right to do so.
17.1 We shall be entitled to assign any of our rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
17.2 We may delegate or sub-contract any or all of its obligations under the Contract to any of our service providers, provided that we remain responsible to you for the performance of our obligations under the Contract.
18.1 If it is found by a competent court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
19. Events beyond Our Reasonable Control (Force Majeure)
19.1 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, lock out, 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.
20.1 We intend to rely on the written terms set out in the Contract. You should read the written terms carefully before entering into the Contract to ensure that they contain everything that you consider has been agreed. If they do not then you should speak to any member of our staff. After the Contract has been made, the written terms set out in the Contract cannot be varied or amended in any respect unless both you and us agree in writing.
21. No Partnership or Agency
21.1 Nothing in the Contract and no action taken by you or us under the Contract shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between you and us beyond the relationship created under the Contract.
22. Prevention of Bribery
22.1 You shall not and shall ensure that your employees or agents shall not offer or give any gratuity, bonus, commission, advantage, discount, bribe, loan, or any other gift or consideration as an inducement or reward to any of our employees in breach of the Prevention of Bribery Ordinance, Cap 201.
23. Third Party Rights
23.1 Save the transferee(s) or assignee(s) as permitted by Clause 10.1 or 17.1, any person who is not a party to the Contract shall not have any right or entitlement under any Contracts (Rights of Third Parties) Ordinance, Cap 623 or statutory provision to enforce or enjoy the benefit of any term or condition of the Contract and any such right or entitlement is hereby expressly excluded.
24. No Agency
24.1 You confirm that you are entering into the Contract in your own capacity for your own account and are not acting as a nominee or agent of any other third party.
25. Personal Data
25.1 Your personal information will be used to administer your purchase of Tickets. We will make our best endeavours to ensure that your personal information is protected against misuse and loss, or unauthorized access, modification or disclosure and will promptly notify you of any loss of, or any unauthorized disclosure of or access to, your personal information. We may retain records of personal information for complying with applicable law and internal compliance requirements. “Personal information” means personal information or data, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or data, processed by us in connection with the Contract. We may transfer your personal information to our service providers including payment agents, telecommunication or computer service agents to enable us to process the purchase and delivery of Tickets.
26. Dispute Resolution
26.1 Any complaints about seating or ability to view a production should be made promptly to the Venue manager either before or during the performance.
26.2 If any dispute arises out of the Contract or these Terms and Conditions, we will use our reasonable endeavours to acknowledge your correspondence within 24 hours and will use our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both of us within 5 Working Days.
27. Governing Laws and Jurisdiction
27.1 The Contract shall be governed by and construed in all respects in accordance with the laws of Hong Kong and the parties agree to submit to the exclusive jurisdiction of the courts of Hong Kong.
28.1 In the event of any inconsistency between the Chinese and the English versions of these Terms and Conditions, the English version shall prevail.
(With effect from 23 August 2019)