TERMS & CONDITIONS
1. YOUR CONTRACT
1.1. Our website allows music fans to buy festival tickets, hotel rooms, transfers and other add-ons (as applicable) for an all-inclusive price (each a “Festival Package”). You can also buy festival tickets without purchasing a package. Whether you buy one of our Festival Packages, or festival tickets, your contract is Festmate Limited, NZ company number 5925568 , with its registered office address at 148 trading as Festmate or festmate.co.nz (“we” or “us”). Your contract with us is subject to the following terms and conditions. Please read them carefully as you will be bound by them.
1.2. By accepting these terms and conditions you are also accepting the terms and conditions of the festival organiser or promoter relating to the festival, and if you buy one of our Festival Packages, the terms and conditions of your hotel or other accommodation supplier and the conditions of carriage of your transport operator, such terms and conditions being hereby incorporated into this contract:
A. Rhythm and Vines terms and conditions are available here:
B. Air New Zealand terms and conditions are available here:
1.3. If you chose to pay by way of direct debit in accordance with clause 5, your contract will be between us as provider, you as customer and Debitsuccess Limited (DSL) as set out in the direct debit contract (the “DSL Contract”). By entering into the DSL Contract on our website you authorise DSL to collect payments from you on our behalf. You will be bound by these terms and conditions and the DSL Contract.
2. HOW TO BOOK YOUR FESTIVAL TICKET OR FESTIVAL PACKAGE
2.1. All Festival Packages and festival tickets are subject to availability. Festival organisers and hotels/other accommodation providers, supply us with a limited number of tickets for sale within a limited sales period and so we only have a limited number of tickets and Festival Packages available at the prices indicated. Prices are inclusive of GST where applicable.
2.2. To make a booking for your festival ticket or Festival Package, follow the instructions on our website to select the number of travellers, festival ticket category, check-in and check-out dates, the hotel that you choose from our list of hotel options, category of room, and transfer/transport options (as applicable). You will be shown the total price for your ticket or Festival Package and the price per person when you have finished making your selections. You will then get an email taking you to your preferred booking option. You must either make payment for the total price of the festival ticket or Festival Package using one of our accepted debit or credit cards in accordance with clause 4.2 or via direct debit in accordance with clause 5. Your full payment or entry into a direct debit arrangement in accordance with clause 5 completes your booking.
2.3. We will send you an email confirming receipt of your booking. However, a contract with us will only exist once we have issued you with our booking confirmation setting out the full details of your tickets or Festival Package booking which we provide upon receipt of payment. Please check your booking confirmation carefully and notify us immediately at email@example.com if anything on the booking confirmation appears to be incorrect or incomplete.
2.4. The person whose payment details are used to make the booking will be the lead name for the booking and will be listed as the contracting party on the booking confirmation. The lead name will be responsible for all payments under the contract with us as well as advising us of any amendments or cancellations. By agreeing to these Booking Conditions the lead name confirms that he/she is authorised to accept on behalf of all parties named in the booking.
3. PRICE OF YOUR TICKET OR FESTIVAL PACKAGE
3.1. Full details of what are included in the price of your ticket or Festival Package is shown on our website. Anything not specifically described on our website as being included in the price is extra and you will need to pay the festival organiser, promoter or hotel or transport operator directly for any services not included in the price of your ticket or package.
3.2. We reserve the right to change the price of festival tickets or Festival Packages advertised on our website at any time before you book. The total price of your festival ticket or Festival Package will be confirmed before you proceed with the booking.
4.1. In order to make a booking, you must pay the total price of your festival ticket or Festival Package in full or pay in accordance with clause 5.
4.2. We accept the following credit or debit cards: Visa, Mastercard, American Express. Please check our website for details of our handling charges.
4.3. We take all reasonable care to ensure that our website is secure and to ensure that it is not possible for any third party to access your payment or other personal information. However we cannot be held liable in the event that any third party obtains personal data or information in an unauthorised manner, unless due to our own negligence.
4.4. By entering your payment details, you confirm that the credit or debit card that is being used is yours. We do not accept payment using third party credit or debit cards. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment, we will not be able to process your booking.
5. DIRECT DEBIT
5.1. In order to make a booking by way of direct debit you must enter into the DSL contract and pay an initial non-refundable 20% deposit.
5.2. Upon performance of 5.1., the following terms apply:
A. On receipt of your non-refundable 20% deposit, we will issue you with a booking confirmation;
B. From the date of the booking confirmation to the date for payment under clause 5.2.E., this contract remains conditional upon you meeting your obligations under the DSL contract;
C. If you fail to meet your obligations under the DSL contract and DSL exercises their right to cancel, this contract will be at an end and the terms of clause 9. will apply;
D. The balance of the purchase price must be paid by no later than 45 days before your scheduled departure date, which shall be the due date stated on the booking confirmation issued to you by Festmate.
In the case of credit card chargeback or reversal of past payment(s) any expenses, disbursements and legal costs incurred by Festmate in the enforcement to retain those funds shall be paid by the Customer, including any actual solicitor’s fees or debt collection agency fees with an applied interest rate of 23% per annum.
6. FESTIVAL TICKETS
6.1. Entry into the festival is only permitted on production of a valid ticket or pass. Accordingly, if we issue you with an e-ticket, you must bring that e-ticket and present it at the check-in point in order to gain entry into the festival. If we issue you with a Festmate voucher, you must present the voucher together with the payment card you used for payment and a valid form of ID to the festival check-in point in order to obtain your festival ticket or pass. The festival organiser may refuse you entry if you fail to produce all of the aforementioned documents. Festmate shall have no liability for any refusal of admission on the basis of failure to produce valid documentation.
6.2. Artist and attractions included in the festival programme may be subject to change. We will advise you of any changes as soon as advised by the festival organiser or promoter.
6.3. Festival tickets are non-refundable and non-transferable unless the festival is cancelled or re- scheduled. If you have purchased a Festival Package and there is a major change to the festival such that the festival is materially different to the one originally advertised we will be liable only to the extent outlined in clause 10. below.
7. HOTEL OR OTHER ACCOMMODATION
7.1. Depending on the hotel or other accommodation provider's policy, you may be required to pay a refundable deposit on arrival at your accommodation to insure against any damages which occur during your occupancy of the property, which may be requested at the time of booking, or subsequently, on your arrival. This deposit will be repaid to you in full at the end of your stay providing you have left the property in a reasonable condition.
8.1. If you have booked transfers as part of your Festival Package, your booking confirmation for your Festival Package also serves as your ticket for your transfers and you must bring this with you and present it to the transfer operator as evidence of your booking together with a form of valid ID. It is your responsibility to ensure that you check all name, travel times and other details on booking confirmation and advise us immediately if there are any errors. We do not have any liability for a transport operator refusing travel to any customer not carrying the required documentation.
8.2. In case we are unable to provide exact locations and times for your transfers at the time your booking is confirmed, we will provide this to you as soon as it is available.
8.3. It is your responsibility to ensure that you arrive in good time for departure and otherwise we are not responsible for any refusal by the transport operator.
8.4. Festmate does not currently organise air or sea travel to festivals taking place outside of New
Zealand. When travelling by air or sea to a festival outside of New Zealand, if you miss your transportation or your transportation is delayed or cancelled and you miss your transfer that we have arranged for you as part of your Festival Package, we are not responsible or liable for this. If an additional transfer is required to get you to your destination, this will be treated as a new and separate booking payable by you.
8.5. Advertised departure times are only approximate and we will not be liable if any transfer arrives or departs later than scheduled. If the transport provider has to alter a departure point or arrival point or the date and time is changed, we will notify all customers as soon as advised by the transport provider.
8.6. You will be advised of all luggage restrictions on your booking confirmation.
8.7. You must not carry on board any items that are prohibited according to the transport provider's conditions of carriage. Conditions of carriage are available from Festmate on request. If you are found to have any prohibited items in your possession or within your luggage, you may be refused travel or you may be required to remove the items from your luggage immediately. We shall not have any liability to you in this event. If you require confirmation as to whether a particular item may be carried then you should obtain our written confirmation before purchasing your ticket.
9. CANCELLATIONS AND AMENDMENTS BY YOU
9.1. After your booking confirmation has been issued, no cancellations, refunds or modifications by you are allowed. No-shows will be charged in full.
9.2. In some exceptional cases, depending on our supply agreement with the event, we might be able to process a name change or a partial refund. If a partial refund is possible, please note that a minimum of 20% of the total order will be retained by Festmate as a result of processing and administration fees for handling the cancellation. To arrange this, you will need to contact us as soon as possible by email at firstname.lastname@example.org. If you are paying by way of direct debit, extra charges may apply under the DSL Contract.
9.3. If, after our booking confirmation has been issued, you wish to change the any part of your Festival Package, we will make an effort to help you do this subject to availability and subject to any cancellation or amendment charges of the airline or hotel, details of which will be provided to you on request at any time including prior to booking. We may charge you an administration fee for any changes.
9.4. If you have taken out travel insurance and the reason you are cancelling is covered by that insurance, you should be able to obtain reimbursement of any cancellation charges from your insurance company (after payment of any deductible). However, you must pay us the charges first and obtain written confirmation of your cancellation from us.
9.5. If a festival included in your Festival Package is cancelled, we will cancel the entire Festival Package and refund you the full amount you paid for the Festival Package.
10. CHANGES TO YOUR BOOKING OR CANCELLATION BY US
Insufficient Packages Sold:
10.1. Festmate reserves the right to cancel the contract in the event that insufficient packages are sold, at Festmate’s sole discretion. If insufficient packages are sold and the trip will not proceed, Festmate will be in contact with the person who booked the package under clause 2.4 no later than 30 days before your flights are scheduled to depart to advise you of the same. In the event that the trip does not proceed because insufficient packages are sold, you will be provided a full refund. Please note that any additional costs such as flights to and from your home port of departure and/ or return are the sole responsibility of the traveler but you may be entitled to compensation under this clause and travel insurance, which we require you take out under clause 13, should cover you in this event.
10.2. We will try to keep changes to your booking to a minimum and we will advise you of any changes to your booking at the earliest possible date.
Prior to departure:
10.3. If, before you have received your booking confirmation, we make a change to the package that you have requested, or cancel the contract in accordance with clause 10.1 we will notify you and you have the right to accept the amended package, or to reject the amended package and take a full refund. We shall have no further liability to you other than to refund the package, as if no contract shall have been in existence.
10.4. if, after you have received your booking confirmation (at which point your contract with us has been formed) but before your Festival Package commences, we have to make a significant change such as a change of date or location of the festival, or we have to cancel any part of your booking, we will notify you immediately with the details of the revised package and the revised price (if applicable) and you will have the choice to either:
F. accept the revised package at the revised price; or
G. if we are able to offer one to you, take a substitute package of equivalent or superior quality for the same price as the original package; or
H. if we are able to offer one to you, take a substitute package of lower quality than the original package; or
I. cancel the original package and obtain a full refund.
10.5. You must inform us of your choice under 10.3. as soon as possible.
10.6. If we cancel the Festival Package contract, you may be entitled to compensation, where appropriate. Where compensation is due, we will pay you the amounts set out in clause 10.8 below, unless you can prove a greater loss.
10.7. We will not be obliged to compensate you where the Festival Package is cancelled by reason of unusual or unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if due care had been exercised.
10.8. If after your trip has commenced, we are unable or we become aware that we will be unable to provide a significant proportion of the Festival Package you have booked, we will make suitable alternative arrangements, at no extra cost to you, for the continuation of the package and will, where appropriate, refund you the difference in the price of the altered package from the original package. If it impossible to make suitable alternative arrangements or these are not accepted by you for good reasons, we will, where appropriate, provide you with equivalent transport back to the place of departure. We will also compensate you where appropriate, except where the Festival Package is cancelled by reason of unusual or unforeseeable circumstances beyond our control or that of our suppliers, the consequences of which could not have been avoided even if due care had been exercised.
If compensation is appropriate in this clause 10, compensation shall be payable as follows:
Time before your Festival Package begins when we tell you about a significant change
|Time before your Festival Package begins whens we tell you about a significant change||Compensation per person|
|More than 45 days||Nil|
|14 days or less||$150|
11. OUR LIABILITY TO YOU
11.1. We are not responsible for or have any control over any of the Festival Venues making up the Festival. We shall not be liable for the acts or omissions of the operators of any of the Festival Venues; or for any personal injury suffered at a Festival Venue (unless due to the negligent act or omissions of the Promoter); or for any loss, theft or damage to Your property at a Festival Venue (unless due to the negligent act or omissions of the Promoter). The Festival Venues provide their services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude their liability to You. If you have any complaints or claims as a result of any injury or for any loss, theft or damage to Your property at a Festival Venue, you must send these directly to the Festival Venue.
11.2. We, our servants, agents or representatives shall not in any circumstances be responsible or pay You any compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
11.2.1. the act(s) and/or omission(s) of the person(s) affected;
11.2.2. the act(s) and/or omission(s) of a third party unconnected with the provision of the Festival and which were unforeseeable or unavoidable; or
11.2.3. in any circumstances where there is no breach of a legal duty of care owed by Us or any of our servants, agents or representatives;
11.2.4. in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach;
11.2.5. to the extent that any increase in any loss or damage results from the breach by You of any of these Terms and Conditions;
11.2.6. unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
11.2.7. an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
11.3. 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. For the purposes of these Terms and Conditions, Force Majeure can include, but is not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, wind, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
11.4. We shall not be liable to You for any indirect or consequential costs, claims, actual or alleged losses
howsoever arising out of or in connection with the Festival and/or our obligations hereunder including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation, or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.
11.5. The Promoter will not have any liability to You whatsoever for loss or expenses incurred in connection with the Festival or any cancellation of the Festival, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Festival or the cancellation of the Festival.
11.6. You are expected to have appropriate insurance in place to cover any loss, damage or theft to Your personal possessions or property as well as travel insurance where You have purchased the Ticket with additional travel arrangements. You are advised to claim on this insurance policy in the event of any loss or damage and We will not accept any responsibility for anything which would otherwise be covered by such travel insurance.
11.7. Nothing in these Terms and Conditions shall exclude or purport to exclude liability for death or personal injury as a result of our negligence, or for fraud or fraudulent misrepresentation.
12. COMPLAINTS AND CLAIMS
12.1. If you have a complaint or claim in relation to the festival or any other part of the Festival Package, you must tell the festival organiser, hotel, or transport provider (as appropriate) at the time the issue occurs, as most problems can be solved on the spot. If the matter cannot be resolved locally at the time, then please write an email to our customer services department at email@example.com within 28 days of returning home from your trip. This will help us to quickly identify your concerns and speed up our response to you. If you fail to follow this procedure, we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under your contract.
13.1. We consider adequate insurance to be essential and we require that you take out insurance to cover your trip. You should ensure that any insurance policy covers, as a minimum, the cost of cancellation by you, and if you are travelling outside New Zealand for your festival, the cost of medical assistance and repatriation.
14. HEALTH & SAFETY
14.1. You must comply at all times with all health and safety requirements of festival organiser, hotel or other accommodation provider and transport provider. If you breach any of these requirements or your behaviour or conduct, in the reasonable opinion of the supplier or us, causes or is likely to cause danger, upset or distress to anyone else or damage to property, you may be refused travel or entry into the festival. We shall have no liability to you in these circumstances and no refund shall be given.
15. PASSPORT, VISAS AND HEALTH FORMALITIES
15.1. If the festival is located outside New Zealand, you will need a valid passport to travel. In some countries, a visa may also be necessary. Please contact us for any general information about passports and visas that you may need. It is your responsibility to ensure that you have the required passport and visa for your destination country. We shall not have any responsibility or liability to you if you are refused travel or entry in the destination country for failure to hold the correct documentation.
15.2. Health requirements for travelling abroad change and you should check the up-to-date position in good time before departure by checking the travel advice section of the Ministry of Health's website or by checking the recommended practice with your GP, practice nurse or travel health clinic. We can provide you with general information about health formalities on request.
16. SPECIAL REQUESTS AND MEDICAL PROBLEMS
16.1. If you have any special requests, you must advise us at the time of booking. We will pass on any reasonable requests on to the supplier, but we cannot guarantee any request will be met.
16.2. If you or any member of your party has any medical problem or disability that may require assistance, please tell us before you book, or if diagnosed after you confirm your booking, as soon as possible after you become aware. If the supplier in question reasonably feels unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline your booking or, if full details are not given at the time of booking, cancel when we become aware of these details.
17. DATA PROTECTION
17.1. In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the personal information you provide such as name, address, and any special needs/dietary requirements etc. We shall ensure that proper security measures are in place to protect your information and we will comply with the Privacy Act 1993.
17.2. In order to process your booking we must pass your personal information on to the relevant suppliers of your Festival Package such as the festival organiser or promoter, hotel, and transport provider. We may also need to provide your personal information to security or credit checking companies, credit and debit card companies, regulatory or public authorities such as customs or immigration if required by them, or as required by law. By making a booking, you consent to this use of your personal information.
18. GOVERNING LAW AND JURISDICTION
18.1. This contract and any dispute, claim or other matter of any description that arises out of or in connection with this contract is governed by and shall be construed in accordance with New Zealand Law. The courts of New Zealand shall have jurisdiction to decide any dispute or claim that arises out of or in connection with this contract.
19. PHOTOGRAPHY & FILM
19.1. You agree that any photograph, video or image taken of you during your holiday with Festmate may be used by Festmate for promotional purposes in our promotional materials, our brochures and/or on our website and that no further consent from you and/or any payment to you is required. You further agree to not use any film or photography from the trip for commercial purposes without our written consent.