Dreiling Theater Terms and Conditions
All Tickets are sold subject to availability and to these Terms and Conditions. Any queries relating to them should be raised prior to purchase, as purchase of ticket(s) constitutes 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.
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 and contact us immediately if there is a mistake.
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.
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.
We and the event partner(s), if applicable, reserve the right to provide alternative seats at an event to those specified on the ticket if the staging of the event reasonably requires, provided they are of no less value to that stated on the ticket.
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, trade marks, logos and/or intellectual property appearing on the ticket.
Any ticket cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by TMP-Marian or the Event Partner(s), if applicable, provided that even if such consent is obtained, use of our trade marks and other intellectual property is subject to our prior consent.
PRICE AND PAYMENT
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 fees, but exclusive of any per transaction, collection or delivery fee.
Credit/debit card fees may be charged per ticket on certain performances. TMP-Marian will inform you of this cost at the time of booking.
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.
Ticket(s) will only be delivered to the billing address or email address of the debit/credit card holder.
If ticket(s) dispatched by USPS, 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.
We reserve the right to make ticket(s) available for collection at the venue box 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.
Where there is not enough time to deliver ticket(s) by mail when necessary, We will inform You about the arrangements for collection of your ticket(s).
CHANGES TO EVENT
TMP-Marian and event partner(s), if applicable, reserve the right to make alterations to the published event program where reasonably necessary. Where such alteration is a material change (as described in REFUNDS/EXCHANGES below), You will be entitled to claim a refund in accordance with those guidelines.
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 before the date of the event.
It is your responsibility to inform Us of any change to the contact address, telephone number or email address you provide Us with at the time of ordering.
If you are unable to attend the event though no fault of ours, we can offer a ticket exchange facility, subject to availability, if the event is at a venue managed by TMP-Marian. In order to obtain an exchange you must contact us 48 hours before the event. Ticket(s) can be exchanged for a seat of the same value or higher upon payment of the difference in value, within its current run at the same venue and will be subject to a per ticket exchange fee of $2. If a discount has been applied to the ticket(s), then this will only be honored within the original terms and conditions of the offer. If the event has been booked through us for a promoter then an exchange may not be offered and we would refer You to the promoter’s own terms and conditions of sale.
Except where We offer an applicable ticket exchange or resale facility, ticket(s) cannot be exchanged, cancelled or refunded after purchase unless the performance is cancelled or rescheduled or where there is a material change to the program of event. If a resale facility is available, resale of these ticket(s) cannot be guaranteed and is subject to a per ticket administrative charge of $2.
Where an event is cancelled or rescheduled 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 program of the event, you will be entitled to claim a refund from us in accordance with this clause.
A ‘material’ change to the program 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 theater performance shall not be a material change.
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.
Where such a refund is sought due to cancellation, rescheduling or a material change to the program 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.
Refunds shall only be made to the person who purchased the tickets and, when possible, be made using the same method as was used to purchase the tickets except, at our discretion, where payment was made by cash.
These terms and conditions do not and shall not affect your statutory rights as a consumer.
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 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 program 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.
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 negligence); or (c) to the extent that any increase in any loss or damage results from breach by you of any of theses terms and conditions and/or any terms and conditions of the event partner(s).
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 other type of liability which cannot by law be excluded or limited.
AFTER SALES CARE & COMPLAINTS
Should You have any queries or complaints relating to your ticket purchase please contact us at email@example.com. We will acknowledge all customer correspondence within 2 business days.
— USE OF DETAILS AND DATA PROTECTION
TMP-Marian reserves the right to use any contact information provided through ticket sales in managing and updating the database of constituents maintained by the Advancement Office of TMP-Marian. This information is confidential and will never be sold or used for purposes other than official business of TMP-Marian, the TMP-Marian Alumni Association, and the Endowment Foundation of TMP-Marian. If you would like to request a change in your contact status, contact Advancement Director Jeff Brull at firstname.lastname@example.org.
RESALE OF TICKETS
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.
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.
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).
CONDITIONS OF ADMISSION AND ATTENDANCE
The management of the Venue 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.
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 behavior 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 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.
You must comply with instructions and directions given by venue staff and designated volunteers.
No refunds will be given to ticket holders who are refused entry or ejected due to their own behavior as suggested in, but not limited to, the examples above.
Babies in arms (children under 18 months) shall be admitted free of charge. All children must be supervised at all times and supervision of children shall be by not less than 1 adult per 10 children. The management reserves the right to ask parents / supervisors to remove children if, in the opinion of the management, they are causing a disturbance.
RESTRICTIONS AND PROHIBITIONS
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 conditions shall belong to the venue or, if applicable, the event partner(s). The event partner(s) and venue will not be liable for any loss, theft or damage to confiscated items.
By attending an event, ticket holders consent to filming and sound recording of themselves as members of the audience. The venue or, if applicable, event partner(s) may use such films and recordings (including any copies) without payment.
Ticket holders shall not bring into the venue or display or distribute (whether for free or not) at the event any sponsorship, promotional or marketing materials.
Mobile telephones and messaging equipment must be switched off during the event.
The following are not permitted within any venue
- animals (with the exception of assistance dogs);
- laser pens, fireworks, flares, smoke bombs
- Your own food and drink (unless permitted by the venue);
- bottles, cans or glass containers (unless permitted by the venue);
- any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and
- illegal substances.
The management of the venue reserves the right to conduct security searches from time to time and confiscate any item which, in the reasonable opinion of the management of the venue, 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.
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.
Ticket holders may only leave and re-enter the venue during an event at the discretion of the management of the venue. Otherwise, there will be no re-admission or pass-outs of any kind.
HEALTH AND SAFETY
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.
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.
If any dispute arises out of these terms and conditions, we will attempt to settle it. We will acknowledge all customer correspondence within 2 business days, and we shall use our reasonable endeavors to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties within 5 business days. Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation. To, initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out, the procedures to be adopted, the process of selection of the mediator and the costs involved, and which terms are deemed incorporated into this agreement.
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.
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.
If it is found by a 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.
The event partner(s), if applicable, and its affiliates, successors or assigns may rely on any rights set out in these terms and conditions.
EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
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 defense 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.
AMENDMENTS AND VARIATIONS
We intend to rely on the written terms set out here in this document as well as the written terms and conditions of the venue and the promoter. You should read the terms and conditions carefully before entering into the contract to ensure that they contain very thing that you consider has been agreed. If they do not then you should speak to any member of staff. After the contract has been made, these terms and conditions cannot be varied or amended in any respect unless both you and we agree and it is preferable that this is in writing.
NO PARTNERSHIP OR AGENCY
Nothing in these Terms and Conditions and no action taken by you or us under these terms and conditions 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 these terms and conditions.
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.
If you receive a refund you are not entitled to, you must pay it back when we ask you to.
You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.
If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
These conditions (as amended from time to time) contain the entire agreement and understanding between you and us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these conditions, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions. However, nothing in these Conditions purport to exclude liability for any fraudulent statement or act.
These conditions will be exclusively governed by and construed in accordance with the laws of the United States of America, the State of Kansas, Ellis County, and the City of Hays whose courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
In these Conditions:
‘you’ means you or anybody who in our reasonable opinion is acting with your authority or permission. ‘your’ shall be read accordingly.
‘events’ means any show, exhibition or event produced by TMP-Marian or hosted in facilities operated by TMP-Marian.
‘business day’ means monday to friday, excluding any public holidays.
‘our website’ refers to https://tmp-m.org.
If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these conditions and shall not affect the validity and enforceability of any of the remaining provisions of the terms and conditions.
These Conditions (as amended from time to time) contain the entire agreement and understanding between you and us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, You have not relied on any representation that is not expressly included herein and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions. However, nothing in these Conditions purport to exclude liability for any fraudulent statement or act.