Divescapes Scuba Conference
Terms & Conditions
Terms and Conditions - Divescapes Ticket Sales
(aka The Fine Print)
1. CONTRACT AND INCORPORATION OF TERMS
1.1 Your contract for the purchase of Ticket(s) is formed as soon as We have processed Your payment and will expire immediately after the end of the Event for which You purchased Ticket(s). However, any purchases are subject to payment card verification and other security checks and Your transaction may be cancelled if it has not passed Our verification processes.
1.2 Your purchase of Ticket(s) is subject to these Terms and Conditions
2.1 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 Ticket(s) constitutes agreement of these Terms and Conditions. A valid Ticket must be produced to get into the 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.
2.2 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.
2.7 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.
2.8 Any Ticket cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by Alberta Underwater Council, provided that even if such consent is obtained, use of Our trade marks and other intellectual property is subject to Our prior consent.
2.9 Valid Tickets are not mailed via POST and must be verified at Divescapes Registration Table prior to Event start. Be kind - most are volunteers or valued staff members.
3. PRICE AND PAYMENT
3.1 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 taxes and per Ticket booking fee (where applicable).
3.3 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.
4.1 Ticket(s) will only be delivered to the billing email address of the debit/credit card holder unless We specifically offer You the facility for Ticket(s) to be sent to an alternative email address. No tickets are sent via Canada Post.
5. CHANGES TO EVENT
5.1 Alberta Underwater Council reserves 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.
6. CANCELLED/RE-SCHEDULED EVENT
6.1 It is Your responsibility to ascertain whether the 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.
6.2 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.
7.1 If you are unable to attend the Event through no fault of Ours, we are unable to issue a refund.
7.2 Except where We offer an applicable Ticket exchange or resale facility, Ticket(s) cannot be exchanged, cancelled or refunded after purchase unless the event is cancelled or rescheduled (subject to clause 6) or where there is a material change to the programme of Event.
7.3 Where an Event is cancelled or rescheduled (subject to clause 6 and this clause) by the Venue or Youth Focus, 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.
7.4 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 Ticket, taken generally, could reasonably expect. The change of any advertised music or entertainment acts shall not be a material change.
7.6 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 paid by You to Us for such Ticket, including any applicable per Ticket booking fee.
7.7 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 or bank transfer.
7.8 These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
8.1 Personal arrangements including travel or accommodation relating to the Event which have been arranged by You are at your own risk. Unless otherwise stated in this clause, Our liability 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 paid by You including the per Ticket booking fee but excluding any per transaction credit card fee.
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 and/or by Event Partner(s)): (a) in any circumstances where there is no breach of a legal duty of care owed by Us (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 Our 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 Planners.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence, fraud or other type of liability which cannot by law be excluded or limited.
9. AFTER SALES CARE & COMPLAINTS
9.1 Should You have any queries or complaints relating to Your Ticket purchase please contact “firstname.lastname@example.org will endeavor to acknowledge all correspondence within 48 hours.
10. RESALE OF TICKETS
10.1 You may not resell or transfer a Ticket without Our written permission. Any resale or transfer (or attempted resale or transfer) of a Ticket in breach of this condition is grounds 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.
12.1 Ticket(s) may be restricted to a maximum number or sold subject to certain restrictions or enhancements on entry or use, such as time of entry or VIP access. Any such restriction or enhancement 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).
13. CONDITIONS OF ADMISSION AND ATTENDANCE
13.1 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.
13.2 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 behaviour 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 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 & AUC staff/Event volunteers.
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 18 will be permitted to attend the Event except where prior approval from Alberta Underwater Council has been received.
14. RESTRICTIONS AND PROHIBITIONS
14.1 By attending an Event, Ticket holders consent to filming and sound recording of themselves as guests of the event, and use of this imagery/video/sound recording for future marketing of the Event.
14.3 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 material’s.
14.4 Mobile telephones and messaging equipment must be switched off during live performances and speeches at the Event.
14.5 Smoking is not permitted unless within a designated smoking Area (if any).
14.6 The following are not permitted within the Venue:
-animals (with the exception of assistance dogs);
-laser pens, fireworks, flares, smoke bombs
-your own food and drink
-any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);and
14.7 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.
14.8 Every effort shall be made to admit latecomers to the Event at a suitable break in the Event.
15. HEALTH AND SAFETY
15.1 Ticket holders must comply with all relevant statutes, health bylaws, 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, or lighting effects.
16. DISPUTE RESOLUTION
16.1 Any complaints from a Tickets holder should be made promptly to the Alberta Underwater Council's Management team either before or during the Event.
16.2 If any dispute arises out of these Terms and Conditions, We will attempt to settle it. We will acknowledge all correspondence within 48 hours and 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 within 5 working days.
17.1 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.
18.1 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.
19.1 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.
20. EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
20.1 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. This Clause does not affect the terms of Clause 8.
21. AMENDMENTS AND VARIATIONS
21.1 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. 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 any nominated member of Alberta Underwater Council. 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.
22. NO PARTNERSHIP OR AGENCY
22.1 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.
23. ENTIRE AGREEMENT
23.1 These Terms and Conditions, and the terms and conditions of the Venue 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.
24. GOVERNING LAW AND JURISDICTION
24.1 These Terms and Conditions shall be governed by and construed in all respects in accordance with Canadian law and the parties agree to submit to the exclusive jurisdiction of the courts of the province of Alberta.
Thank you for your support of Divescapes Scuba Conference and the Alberta Underwater Council