BOOKING TERMS

This page tells you information about us and the legal terms and conditions (Terms) on which we sell tickets for performances at the Minack Theatre (Tickets) to you via our website.

Friends of the Minack receive additional benefits when booking Tickets. Please visit our Friends of the Minack page for further details.

These Terms do not apply to the sale of Products via our online shop. Separate terms applying to the purchase and supply of Products can be found HERE.

You will be asked to confirm that you have read these Terms before you place an order. Please make sure that you understand them as by placing an order you are deemed to have accepted them.
We amend these Terms from time to time as set out in clause 4. Every time you wish to order Tickets, please check the terms which will apply at that time.

1. Information about us

1.1  www.minack.com is a site operated by the Minack Theatre Trust CIO (“We”). We are a registered charity with charity number 1166799 . Our address is The Minack Theatre Trust, Porthcurno, Penzance, Cornwall TR19 6JU. Our VAT number is 464895494.

1.2 Contacting us

If you wish to contact us for any reason you can contact by email at [email protected] or by telephone on 01736 810181. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

2. If you are a business customer

This clause 2 only applies if you are a business.

2.1 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 Tickets.

2.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

2.3 You acknowledge that in entering into a contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

2.4 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 these Terms.

3. How the contract is formed between you and us

3.1 Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

3.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.3.

3.3 We will confirm our acceptance to you by sending you an e-mail (Booking Confirmation). The contract between us will only be formed when we send you the Booking Confirmation.

3.4 If we are unable to supply you with Tickets, for example because a performance has been cancelled or has sold out, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Tickets, we will contact you in order to refund you the full amount including any delivery costs charged as soon as possible.

4. Our right to vary these Terms

4.1 We amend these Terms from time to time. Every time you order Tickets from us, the Terms in force at the time of your order will apply to the contract between you and us.

4.2 We may revise these Terms as they apply to your order from time to time.

4.3 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 if you are not happy with the changes. You may cancel either in respect of all the affected Tickets or just the Tickets you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Tickets you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

5. Seating

5.1 Tickets purchased online are for unreserved seating.

5.2 Tickets do not relate to particular seats in the theatre. Seats are allocated on a first come, first served basis within either the lower or upper terraces, depending on the value of the Ticket, when the auditorium opens, usually 1 hour before the performance starts unless otherwise advised.

5.3 Children under the age of 16 must be accompanied by an adult.

5.4 Wheeled infant buggies and other infant seating cannot be accommodated at performances.

5.5 We reserve the right to refuse admission and may request any Ticket holders to leave (taking any such appropriate action which may be necessary to enforce this right) before or during performances if necessary.

5.6 Latecomers may be asked to wait until a suitable break in the performance before being admitted.

5.7 Mobile phones and other electronic equipment must be switched off during performances.

5.8 Strobe lighting, smoke effects and loud sound effects are sometimes used in productions.

5.9 We, and authorised third parties may film and record sound in or about the venue. By purchasing Tickets, you consent to you and your party being included in these films and recordings and to the commercial exploitation of such films and recordings without payment.

6. No smoking

Smoking or the use of electronic cigarettes is not permitted anywhere within the theatre or its surrounding area.

7. Dogs

We regret that no dogs (except guide dogs) will be admitted to performances (including Minack Mornings storytelling events). Here’s a helpful link for ‘doggy day care’ https://www.facebook.com/PenzancePetCare.

8. Alterations

Tickets are sold subject to our right to make any alterations in the cast or performance details advertised on our website or other appropriate location.

9. Cancellation and refunds

9.1 Refunds are only provided if a performance is cancelled.

9.2 Performances will not generally be cancelled because of weather conditions and will continue in wet weather. The decision to cancel a performance due to the weather is made at our discretion.

9.3 If the performance is cancelled when less than half the performance has taken place, we will refund to you the face value of the Tickets purchased.

9.4 Where a performance has been cancelled when more than half of the performance has taken place we may, at our discretion, refund to you the face value of the Tickets purchased (excluding any delivery charges).

9.5 Tickets may be exchanged for later performances (subject to availability) provided that we receive your Tickets for the cancelled performance at least 24 hours before the later performance is due to take place (or at least 7 days before the performance is due to take place for group bookings of more than 10).

9.6 We will refund you using the method of payment you used to purchase the Tickets. If you used vouchers to pay for Tickets we may refund you in vouchers.

9.7 Because you are a consumer, we are under a legal duty to supply Tickets that are in conformity with these Terms. As a consumer, you have legal rights in relation to Tickets that are not as described. These legal rights are not affected by anything in these Terms.

10. Delivery

10.1 Where there is sufficient time before a performance to post Tickets to you, we will contact you with an estimated delivery date, which will usually be within 3-5 business days (but can be up to 30 days) after the date of the order (the date on which we e-mail you to confirm our acceptance of your order.) Tickets will not be delivered to addresses outside the UK. Tickets purchased from addresses outside the UK will be held at the box office for collection.

10.2 Delivery shall be completed when we deliver the Tickets to the address you gave us or you collect them from us and the Tickets will be your responsibility from that time.

10.3 You own the Tickets once we have received payment in full, including all applicable delivery charges.

10.4 We will not post Tickets in the following circumstances when tickets must be collected from our box office:

(a) family storytelling events. Your name and number of tickets purchased will be checked on arrival. Your booking reference is your proof of purchase.

(b) if you have reserved concession tickets and proof of concession is needed.

(c) if you have reserved Friend of Minack tickets and proof of membership is needed .

(d) there is not enough time to post the tickets to you before the performance.

(e) tickets have been purchased from an address outside the UK.

 

11. International delivery

11.1 If you place an order for delivery outside the UK, it may be subject to import duties and taxes which are applied when the delivery reaches that destination. We have no control over these charges and we cannot predict their amount.

11.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

11.3 You must comply with all applicable laws and regulations of the country for which the Tickets are destined. We will not be liable or responsible if you break any such law.

12. Price of Tickets

12.1 The prices of Tickets will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Tickets are correct at the time when the relevant information was entered onto the system.

12.2 Ticket prices may change from time to time, but changes will not affect any order you have already placed.

12.3 The price of a Ticket includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Tickets in full before the change in VAT takes effect.

12.4 The price of a Ticket does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

12.5 If, despite our reasonable efforts we discover an error in the price of the Tickets you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Tickets at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Tickets to you at the incorrect (lower) price.

13. Our liability if you are a business
This clause 13 only applies if you are a business customer.

13.1 Nothing in these Terms limits or excludes our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).

13.2 Subject to clause 13.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:

(a) any loss of profits, sales, business, or revenue;

(b) loss or corruption of data, information or software;

(c) loss of business opportunity;

(d) loss of anticipated savings;

(e) loss of goodwill; or

(f) any indirect or consequential loss.

13.3 Subject to clause 13.1, our total liability to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Tickets.

13.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Tickets. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Tickets are suitable for your purposes.

14. Our liability if you are a consumer
This clause 14 only applies if you are a consumer.

14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

14.2 We only supply the Tickets for private use. You agree not to use the Tickets for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

15. Communications between us

15.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

15.2 If you are a consumer you may contact us as described in clause 1.1.

15.3 If you are a business:

(a) Any notice or other communication given by you to us, or by us to you, under or in connection with these Terms 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.

(b) 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.

(c) 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.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

16. Other important terms

16.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.

16.2 The contract formed by these Terms 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.

16.3 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.

16.4 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.

16.5 If you are a consumer, please note that these Terms are governed by English law. This means a contract for the purchase of Tickets 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.

16.6 If you are a business, a contract and any dispute or claim arising out of or in connection with these Terms 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.

16.7 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 arising from these Terms or its subject matter or formation (including non-contractual disputes or claims).