Definitions and interpretation
“Event” means an entertainment event including, without limitation, an exhibition, garden visit, symposium and/ or festival to be held at a Venue in respect of which We have the right to sell You Tickets.
“Tickets” means tickets or other types of evidence (including electronic tickets) for an Event sold by Us to You on behalf of the organisation responsible for the Event for the right to occupy space at or to attend an Event.
“Venue” means any facilities or locations of any nature where the Event is being held. This can refer to the Garden Museum SE1 7LB and/or other premises occupied by the Garden Museum for an appropriate length of time. It also refers to the public or private gardens we select for our Garden Visits.
“We” means Garden Museum. “Us” and “Our” shall be read accordingly.
“You” means you or anybody who in Our reasonable opinion is acting with your authority or permission. “Your” shall be read accordingly.
“Promoter” means the person firm or company staging the Event if different from Us and the Venue.
“Garden Visits” means visits to gardens (both private and public) organised by the Garden Visit Committee, a group of volunteers.
“Group” means group organisers, charities, travel and coach companies or other organisations that We have agreed to sell to knowing that the Tickets are intended for resale.
Incorporation
These Terms and Conditions incorporate and should be read in accordance with the Venue Hire and/or Promoter terms, conditions and regulations, copies of which are available upon request from the Venue. In the event of any inconsistency between the terms in relation to Venue or Event requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail.
Tickets
All Tickets are sold subject to availability and to these Terms and Conditions. These Terms and Conditions should be read carefully prior to purchase and any queries relating to them should be raised with us prior to purchase as purchase of Tickets constitutes acceptance of these Terms and Conditions.
We confirm that We are authorised to sell Tickets.
A valid Ticket must be produced to get into an Event. Removing any part of, altering or defacing the Ticket may invalidate Your Ticket.
It is Your responsibility to check Your Tickets as if you have made a mistake they cannot always be rectified after purchase. Please check your Tickets 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.
Duplicates will be issued at the discretion of the Garden Museum.
Where a concession is claimed, proof of identity and concession entitlement (for example Friend Membership Card, Neighbour Card and age or student status) may be required.
Ownership or 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.
Price and payment
The price of the Ticket shall be the price set at the time We accept Your order. All prices set are inclusive of any applicable taxes. No order will be accepted until We have received full payment.
Changes to Event
Where reasonably necessary, the organiser of the Event and/or the Venue reserves the right to make alterations to the published Event programme.
Refunds/exchanges
For Garden Visits
If you are no longer able to attend a Garden Visit, a notice of cancellation must be given to the Garden Museum at least 28 days prior to the visit. The cost of your ticket cannot be refunded, but if you notify the Museum of a cancellation more than 28 days prior to the visit, a credit note for the cost of the ticket will be issued, which can be used against the cost of other Garden Visits or Events held by the Garden Museum. To cancel your ticket please email info@gardenmuseum.org.uk.
For Cooking Classes
If you are no longer able to attend a Cooking Class, a notice of cancellation must be given to the Garden Museum at least 28 days prior to the visit. The cost of your ticket cannot be refunded, but if you notify the Museum of a cancellation more than 28 days prior to the visit, a credit note for the cost of the ticket will be issued, which can be used against the cost of other Cooking Classes or Events held by the Garden Museum. The ticket can be transferred to a friend or family member at any time. To cancel your ticket please email info@gardenmuseum.org.uk.
For all other ticketed Events
Except where we offer an applicable Ticket exchange or resale facility, Tickets cannot be exchanged or refunded after purchase unless the Event is cancelled or rescheduled (subject to below) or where there is a material change to the programme of Event. Where an Event is cancelled or rescheduled (subject to below) by the Garden Museum and/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 a credit note to the full value of the Ticket, redeemable against any other Event.
A ‘material’ change 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.
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. You will be entitled to a credit note to the full value of the Ticket, redeemable against any other Event.
If a refund is sought where a credit note cannot be accepted, You must bring this to Our attention as soon as possible. A refund for Tickets equals the face value of the Tickets. Refunds will be issued at the discretion of the Garden Museum and as a gesture of goodwill when a credit note cannot be accepted for adverse or unforeseen reasons relating to You, the Ticket holder. In order to claim Your
refund, please apply by email to info@gardenmuseum.org.uk.
In most circumstances, we will offer a credit note, for example, if You make Us aware that you can no longer use your ticket 28 days or more in advance of the Event. Alternatively we can offer a credit note for the ticket price, which can be used at future Events or Museum Membership.
These Terms and Conditions do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice, Consumer Direct (http://www.consumerdirect.gov.uk/) or the Department for Business Enterprise & Regulatory Reform.
Resale/transferring tickets
You may not re-sell or transfer a Ticket less than 28 days before the Event takes place; if you transfer a Ticket before this You must notify the Museum at the earliest opportunity by emailing info@gardenmuseum.org.uk with Your name, the name of the person who will attend and their email address and contact phone number. If You cancel a Ticket, the Ticket will be re-added to the website. If there is a waiting list for the Event, all on the list will receive a notification when the Ticket is added and the sale of the Ticket will be on a first come first served basis.
Liability
Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be owned by Us. Please go back and refer to the section on refunds/exchanges. In regards to the 2020 COVID-19 outbreak, please read the section on Force Majeure below.
Neither We nor the Venue nor the Promoter will be responsible for any loss, theft or damage of Your personal belongings, other than caused as a result of Our negligence or that of the Venue or the Promoter or other breach of statutory duty.
We and our volunteers cannot accept responsibility for personal injury, loss or damage during an Event which You, and those for whom you have purchased Tickets, undertake at your own risk. Statutory rights are unaffected.
Cancelled/re-scheduled Events
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 cancellations 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.
We, the Garden Museum or the Promoter reserve the right to reschedule any Event – without notice and without any liability whatsoever.
Use of details and Data Protection
Privacy and data protection statement
This is the current Privacy and Data Protection Statement for the Garden Museum website. If this Privacy Statement is revised an updated version will be placed on the website.
Policy and personal data
The Garden Museum endeavours to protect Your privacy. When You register with the Garden Museum, and each time You place an order, the Garden Museum will require some personal information from You – including Your name, billing address, delivery address, email address and telephone number and product/service selections. This information allows the Garden Museum to
fulfil Your order and notify You of the status of the order. Details of payment card numbers and expiry dates etc. go through a secure server operated by the Garden Museum’s Payment Service Provider and to which the Garden Museum does not have direct access.
The personal data collected by the Garden Museum is evaluated periodically to determine whether it is current and still needs to be held. Subject to any legal retention requirements, e.g. VAT regulations require appropriate financial records to be retained for six years, You may notify the Garden Museum if You do not wish Your data to be held by the Garden Museum. You may also request details of Your personal data held by the Garden Museum.
The Garden Museum does not intentionally export user data outside the European Union and holds only the information that You supply to us, along with details of the activities You have undertaken with the Garden Museum and any mailings that have been sent to You.
Statistics
The Garden Museum may monitor user traffic on an aggregate basis in order to help it develop and improve the website for the benefit of all Users.
Security
You are advised that the Internet is not a secure medium. The Garden Museum will use reasonable endeavours to keep Your information confidential. Internal procedures cover the storage access and disclosure of Your information. The Garden Museum will not sell or pass Your information on to any third parties without first obtaining Your consent.
Disclosure
The Garden Museum may disclose personal information if required to do so by Law or in good faith believes it is required to do so by any order of the Courts or other competent body or agency or may do so to protect or defend the rights or property of the Garden Museum or to protect the personal safety of the Garden Museum’s employees or the public at large.
Links
The Garden Museum website has links to other websites, which will have different privacy, trading and may use different policies and conditions and You should familiarise Yourself with them. The Garden Museum accepts no responsibility for third party websites.
Data protection
The Garden Museum uses all reasonable endeavours to comply with the Data Protection Act 1998 and the following principles:
1. Personal data should be processed fairly and lawfully. This means that individuals should not be deceived or misled into supplying information.
2. Data should only be obtained for a specified purpose and should not be used for any other purpose.
1. Personal data should be adequate, relevant and not excessive in relation to its purpose.
2. Personal data should be accurate and up to date where necessary.
3. Personal data should not be kept longer than is needed for its intended purpose.
4. Personal data should be processed in accordance with the rights of the individual which the information concerns.
5. Appropriate measures should be taken against unlawful processing or destruction of records. Computer systems should have back up facilities and security provisions.
6. Personal data should not be transferred outside the European Economic Area (the EU states plus Lichtenstein, Iceland and Norway).
Cookies
A cookie is a small file which stores information that a website puts on Your hard disk so that it can remember something about You at a later time. Typically, a cookie records your preferences when using a particular site.
Information we may collect about you
With regard to each of Your visits to Our website We may automatically collect the following information:
1. Technical information, including the Internet protocol (IP) address used to connect Your device to the Internet, Your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
2. Information about Your visit, including the full Uniform Resource Locators (URL)
clickstream to, through and from Our site (including date and time), Events or Exhibitions You viewed or searched for, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.
How we may use information collected about you
To improve Our website to ensure that content is presented in the most effective manner for You and for Your device, allow You to participate in any interactive features of Our services when You choose to do so, to measure or understand the effectiveness of advertising We serve to You and others, and to deliver relevant advertising to You.
Job applicants, volunteers, current and former Museum employees
If You apply to work at the Garden Museum, We will use the information You supply to process Your application and to monitor recruitment statistics. Where We want to disclose information to a third party, for example where We want to take up a reference or obtain a ‘disclosure’ from the Criminal Records Bureau, we will not do so without informing You beforehand, unless the disclosure is required or otherwise permitted by law.
Once You have taken up employment with the Museum, We will compile a file relating to Your employment. The information contained in this will be kept secure and will be used for purposes relevant to Your employment. Once Your employment with the Museum has ended, We will retain the file in accordance with the requirements of Our retention schedule.
Void Tickets
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 Tickets are non-refundable and not eligible for a credit note.
Restrictions on the purchase of tickets
Tickets may be restricted to a maximum number. Any such restriction shall be notified to You at the time You book the Tickets. We reserve the right to cancel Tickets purchased in excess of this number without prior notice unless the purchase of an excess was due to Our error.
Conditions of Admission
The management of the Garden Museum reserves the right to refuse admission to the Garden Museum in reasonable circumstances including for health and safety, licensing reasons or where a Ticket is void.
The management of the Garden Museum also reserves the right to request that admitted persons 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:
1) has behaved in the Garden Museum or Venue in a manner which, in the reasonable opinion of the Venue has, or is likely to affect the enjoyment of other visitors; or
2) 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
3) in the reasonable opinion of the Garden Museum or Venue is acting under the influence of alcohol or drugs; or
4) fails, when required, to produce proof of age.
You must comply with instructions and directions given by Venue staff and stewards at all times.
No refunds will be given to Ticket holders or admitted persons who are refused entry or ejected due to their own behaviour as suggested in, but not limited to, the examples above.
Restrictions and prohibitions
By attending an Event, Ticket holders consent to filming and sound recordings of themselves as members of the audience. The Promoter and the Museum may use such films and recordings (including any copies) without payment. Ticket holders or admitted persons must explicitly state in advance or notify the Venue and/or Promoter if they do not wish to be filmed or recorded.
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.
Alcohol may only be consumed in exhibition spaces other than the Nave and other authorised areas.
Smoking is not permitted on site.
The following are not permitted within any Venue:
1) animals (with the exception of guide dogs);
2) laser pens;
3) your own food;
4) cans or glass containers;
5) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g.
knives);
6) illegal substances;
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.
All bags and rucksacks need to beck checked at the Front desk, and You will be given a numbered tag which needs to be returned at the end of your visit to retrieve Your bag.
The obstruction of gangways, access-ways, exits, entrances or staircases or congregating in nondesignated areas is strictly forbidden.
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.
Dispute Resolution
If any dispute arises out of these Terms and Conditions, We will attempt to settle it. To this end We shall use Our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties.
Although this does not restrict Your rights to pursue court proceedings, if We are unable to settle any dispute by negotiation within 28 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.
Waiver
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.
Assignment
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.
Severability
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.
Third Parties
Any person, other than the Venue or Promoter, not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions. The Act can give rights under some contracts to third parties who are not parties to those contracts but in this case only We, the Venue, the Promoter and You (or your assignees permitted hereby) have rights and obligations under this contract.
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 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.
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 everything that You consider has been agreed. If they do not then you should speak to a 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. All enquires to be emailed to info@gardenmuseum.org.uk.
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.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in all respects in accordance with English and Welsh law and the parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.