PACKAGE BOOKING TERMS & CONDITIONS

These booking terms and conditions (“Booking Conditions”) set out the terms on which Boardmasters Limited (“Boardmasters”, “we”, “us” or “our”) agree to sell combined festival ticket and accommodation bookings to you.

1. YOUR RELATIONSHIP WITH BOARDMASTERS
1.1. Boardmasters is the organiser and operator of the Boardmasters Festival (“Festival”), and the Supplier/Principal (as defined in clause 3.2) in relation to your admission ticket for the Festival (“Festival Ticket”). Your contract for the Festival Ticket is with Boardmasters and is governed by the Boardmasters Admission Terms and Conditions which can be found here: https://boardmasters.com/terms-and-conditions.
1.2. We act as an agent in relation to the hotel accommodation (“Accommodation”) made available to book on our website. Where you book Accommodation, your contract for the provision of the Accommodation will be with the third-party supplier/operator of the Accommodation disclosed to you at the time of booking and named on your booking confirmation, (the “Accommodation Provider”), and shall be governed by the Accommodation Provider’s terms and conditions which we shall make available to you during the booking process.
1.3. Where you book Accommodation and Festival Ticket(s) at the same time, this will be a “multi-contract package” (“Package”). For Package bookings, you will be entered into separate contracts with Boardmasters for the Ticket, and with the Accommodation Provider for the Accommodation. Boardmasters accepts responsibility for Package bookings as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018. Furthermore, you will benefit from additional rights under the Package Travel and Linked Travel Arrangements Regulations 2018. For further information on the key legal rights applicable to Packages, please click here.

2. YOUR PACKAGE BOOKING
2.1. Your Package booking is with Boardmasters Limited, a company registered in England and Wales under company number 08915183 and whose registered office is at C/O Superstruct Entertainment Ltd, 364-366 Kensington High Street, London, United Kingdom, W14 8NS.
2.2. You can contact us by telephoning our customer service team at [email protected] or by writing to us at the postal address above.
2.3. Please read these Booking Conditions carefully before booking with us. If there is anything within these Booking Conditions that you do not understand, then please contact us at the details given in clause 2.2 above to discuss what this means for you. If you do not agree to these Booking Conditions you must not make a booking with us.
2.4. The lead name on the booking will be the person responsible for the booking (the “Lead Name”). The Lead Name shall be responsible for paying the deposit and the full price, for making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking. The Lead Name must be at least 18 years old at the time of booking. References in these Booking Conditions to “you” and “your” means the Lead Name and all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.
2.5. The Lead Name must ensure and hereby confirms that the details provided for all parties to the booking are full and accurate, that all parties agree to be bound by these Booking Conditions and that the Lead Name has the authority to accept and does accept these Booking Conditions on behalf of all persons in the booking. The Lead Name agrees to check all travel documentation received after booking and to inform us immediately of any errors.

3. YOUR CONTRACT
3.1. Our acceptance of your booking will take place when we send you a booking confirmation email that will confirm the details of your Package booking and unique reference number. At this point, a contract will come into existence as follows:
3.1.1. For Festival Tickets: your contract will be with Boardmasters and will be governed by these Booking Conditions and the https://boardmasters.com/terms-and-conditions/. and you are advised to read both sets carefully; and
3.1.2. For Accommodation: your contract will be with the Accommodation Provider and will be governed by both these Booking Conditions and the Accommodation Provider’s terms and conditions, and you are advised to read both sets carefully.
3.2. In these Booking Conditions, references to “Supplier/Principal” shall mean Boardmasters in relation to the Festival Ticket, and the Accommodation Provider in relation to the Accommodation.
3.3. All bookings for Packages are subject to availability at the time of booking. We try hard to make sure that our advertisements are kept up to date, but we do not guarantee that any of the Packages we advertise will still be available at the time of booking. We will inform you as soon as possible after you place a booking if, for any reason, the Package you have sought to book with us is not available.
3.4. It is your responsibility to check the booking confirmation and any other documents we send you carefully and to let us know immediately in the event of any error or inaccuracy, as it may not be possible to make changes later.
3.5. We shall be under no obligation to issue a booking confirmation after you have placed a booking with us. We will not issue such a confirmation if we discover an error in the pricing of the Package (see clause 4 below) or if the Package (or any part of it) is no longer available.
3.6. If, for any reason, we are unable to accept your booking, we will inform you of this and not process your booking further. We will then arrange for you to be refunded any part of the booking already paid unless you decide to use that payment towards a different booking.
3.7. If you have any special requests you must let us know during the booking process. We will attempt to pass on all reasonable requests to the Supplier/Principal(s) at our sole discretion, but we cannot guarantee that such requests will be met by the Supplier/Principal(s).
3.8. If you have a medical condition or a member of your party is a person of reduced mobility, please let us know before making a booking so we can ensure that the Package is suitable for you.

4. PRICING
4.1. We may change the advertised price of any Package from time to time. We try hard to make sure that the advertised price is the most up-to-date price, but prices can change at short notice. We will confirm the actual price at the time of booking.
4.2. Occasionally errors in pricing do occur. If there is a mistake, and the actual price is lower than that given at the time of booking, we will only charge you the lower amount. If the price is higher, we will contact you for instructions or reject your booking (at our sole discretion) and notify you of this so that you can decide what you would like to do.
4.3. We are under no obligation to supply you with a Package which is incorrectly priced, even after we have issued our confirmation of booking, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your booking and notify you so that you can decide what you would like to do.

5. LAW & JURISDICTION
5.1. These Booking Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
5.2. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation. However, if you live in Scotland, you can bring legal proceedings in respect of your booking in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of your booking in either the Northern Irish or the English courts.

6. PAYMENT
6.1. In order to make a booking with us, you must pay a deposit amount or payment in full, as stipulated at the time of booking.
6.2. If you make a booking before 30th April 2024, you can pay a deposit amount and choose to spread your Package cost over monthly instalments to be debited from your credit or debit card. By agreeing to a payment plan, you agree that we may charge the amount of each payment to the debit/credit card used to pay the deposit in addition to any cancellation charges, if applicable.
6.3. Please note that we will treat your booking as cancelled by you if you do not keep up with the monthly payments in accordance with your payment plan set out in your booking confirmation and impose the cancellation charges in accordance with clause 8 of these Booking Conditions.
6.4. If you make a booking on or after 30th April 2024, you must make payment of the full amount at the time of booking.
6.5. All major debit and credit cards are accepted, with the exception of American Express.

7. IF YOU WISH TO MAKE A CHANGE TO YOUR CONFIRMED BOOKING
7.1. If, after we have issued you with a booking confirmation, you wish to make an amendment to your Package (such as a change to your Accommodation), please contact us. We will contact the Accommodation Provider and let you know if the change is possible. Amendments can only be made in accordance with the Accommodation Provider’s terms and conditions. If the amendment is possible, we will let you know about any changes to the price of the Package, or anything else which would be necessary as a result of your requested amendment and ask you to confirm whether you wish to go ahead with the amended booking. If the Accommodation Provider cannot make the amendment or the consequences of making the amendment (such as an increased price) are unacceptable to you, you may want to cancel your booking (see clause 8).
7.2. Where your requested change can be met, you must pay all costs and charges incurred or imposed by the Accommodation Provider together with an amendment fee of £25 per change before the change can be made.
7.3. Please note that your Festival Ticket is non-changeable and non-refundable. You may choose to re-sell or transfer your Festival Ticket through our approved re-seller, subject always to the Festival Terms and Conditions. In addition, you have the right to transfer your Package in accordance with clause 7.4 below.
7.4. Your right to transfer your Package. You have the right to transfer your place on your Package to another person, subject to compliance with the following conditions:
7.4.1. that person is introduced by you and satisfies all the conditions applicable to the Package, including any conditions applicable to the Festival and Festival Ticket;
7.4.2. requests for a transfer must be made to us in writing at least 7 days before the start of your booking and must be accompanied by the name and other applicable details of the person who will replace you;
7.4.3. you pay any outstanding balance payment, an amendment fee of £25 per person transferring, as well as any additional fees, charges or other costs (such as those imposed by any Supplier/Principal) arising from the transfer;
7.4.4. the transferee agrees to these Booking Conditions and the terms and conditions of the Supplier/Principal; and
7.4.5. the transferor and the transferee remain jointly and severally liable for payment of all sums.
7.5. If you are unable to find a replacement, you can choose to cancel your booking and the Supplier/Principal’s cancellation charges will apply (in addition to our administration fee). Otherwise, no refunds will be given for unused services.

8. IF YOU WISH TO CANCEL YOUR PACKAGE BOOKING
8.1. You can cancel your confirmed Package booking at any time prior to departure. Should you wish to do so, you must contact us in writing, using the contact details in clause 2.2. Any such notice of cancellation must be given by the Lead Name on the booking. We will apply charges from the date the written cancellation notice is received by us.
8.2. Cancellations can only be accepted in accordance with the Supplier/Principal’s terms and conditions and the Supplier/Principal’s cancellation charges will apply. We reserve the right to charge an administration fee of £25 per person.
8.3. Please note that you do not have a legal right to change your mind and cancel your Package booking within 14 days and receive a refund. This right, under the Consumer Contracts Regulations 2013, does not apply to travel arrangements or package holidays.
8.4. You have the right to cancel your confirmed Package booking before departure without paying any cancellation charges in the event of Unavoidable and Extraordinary Circumstances (as defined in clause 12) occurring at the place of destination or its immediate vicinity which significantly affect the performance of the Package or significantly affect the carriage of passengers to the destination. If you cancel in these circumstances, we shall provide you with a full refund of any monies you have paid for your Package, but you will not be entitled to compensation.

9. IF WE HAVE TO MAKE A SIGNIFICANT CHANGE OR CANCEL YOUR PACKAGE BOOKING
9.1. From time to time, we or the Supplier/Principal may need to make a change to your confirmed booking and we reserve the right to do so at any time. Most changes are minor changes, however, occasionally we have to notify customers of a significant change that we are constrained to make to the main characteristics of the Package, or where we cannot fulfil any of your special requirements which we have accepted.
9.2. In the unlikely event that we have to make a significant change to your confirmed booking, we will tell you as soon as reasonably possible. You will then have the option to:
9.2.1. accept the proposed change. If this results in a booking of lower quality or cost, we will refund you the difference in price; or
9.2.2. reject the proposed change and cancel your confirmed booking, in which case we will provide you with a full refund of all monies paid; or
9.2.3. reject the proposed change, cancel your booking and take a substitute one if we are able to offer one. If you decide to take substitute Package, we will inform you of its impact on the price of your booking. If the alternative is of a lower quality or cost, we will refund you the difference in price.
9.3. We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the proposed change. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to cancel the booking and provide you with a refund.
9.4. If you decide to reject the proposed change and cancel your booking with a full refund of all monies paid, you may also be entitled to compensation in accordance with clause 11 below.
9.5. We will not give you any of the above options in the event that a change to the confirmed booking is a minor change.
9.6. If we become unable to provide a significant proportion of the Package after it has commenced, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

10. IF WE HAVE TO CANCEL YOUR BOOKING
10.1. On rare occasions, we may have to cancel your confirmed Package and we reserve the right to do so. If this happens, we will notify you as soon as possible. We will offer you a substitute Package if we are able to do so and inform you of its impact on the price of your booking. If the substitute Package is of a lower quality or cost, we will refund you the difference in price. If we cannot offer you a substitute, or if you would prefer to cancel, we will provide you with a full refund of any payments made for the Package.
10.2. You may be entitled to compensation as a result of our cancellation of your Package Holiday in accordance with clause 11 below.

11. COMPENSATION
11.1. In the event we make a significant change or cancel your Package and you choose to cancel your booking, in addition to a full refund of all monies paid by you, we may pay you reasonable compensation. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
11.2. We will not pay you compensation where we have to cancel your Package as a result of:
11.2.1. your failure to make full payment on time;
11.2.2. where the change or cancellation arises out of changes to the confirmed booking requested by you; or
11.2.3. where we are forced to cancel or change your Package due to Unavoidable and Extraordinary Circumstances (as defined in clause 12).

12. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
12.1. In these Booking Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.
12.2. This may cover for example an outbreak of war or other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the Package.

13. OUR RESPONSIBILITY FOR THE PERFORMANCE OF YOUR PACKAGE
13.1. Although we only act a booking agent in relation to your Accommodation booking, we will accept responsibility for your Package as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out in this clause 13. This means that we are responsible for the proper provision of the services included in your Package, as set out in our booking confirmation. Subject to these Booking Conditions, if we or the Supplier/Principals negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of the Package you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the services included in your Package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which our or the Supplier/Principal’s negligence affected the overall enjoyment of your Package. Please note that it is your responsibility to show that we or the Supplier/Principal(s) have been negligent if you wish to make a claim against us.
13.2. We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
13.2.1. the acts and/or omissions of the person affected; or
13.2.2. The acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
13.2.3. Unavoidable and Extraordinary Circumstances (as defined in clause 12).

13.3. We cannot accept responsibility for:
13.3.1. any services that do not form part of your Package. This includes, for example, any additional services or facilities that a Supplier/Principal agrees to provide for you where the services or facilities are not advertised on our website as forming part of your Package and we have not otherwise agreed to arrange them as part of your Package, and any excursions or activities you undertake during the Festival or whilst using your Package;
13.3.2. any damage, loss, expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not reasonably have foreseen you would suffer or incur if we breached our contract with you, or which did not result from any breach of contract or other fault by ourselves or our employees or, the Supplier/Principals; or
13.3.3. any expenses or losses that relate to or arise from any business (including without limitation, self-employed loss of earnings), or any indirect or consequential loss of any kind.

13.4. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; or for fraud or fraudulent misrepresentation.

13.5. We limit the amount of compensation we may have to pay you if we are found liable to you, as follows:

13.5.1. Loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
13.5.2. Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
13.6. We shall not be liable to pay compensation to you in connection with your Package where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by the Supplier/Principal. These same limitations will apply to us and in an identical manner as if such limitations applied directly to us. These international conventions include (but are not limited to) the Montreal Convention in respect of travel by air (and all earlier related conventions), the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail (Convention concerning International Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of travel by road and the Paris Convention in respect of the provision of accommodation. We shall have the full benefit of any limitation of compensation which is contained in these conventions and any other international conventions which govern the travel arrangements which make up the Package.

13.7. It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these Booking Conditions.

13.8. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

14. INSOLVENCY PROTECTION FOR PACKAGE BOOKINGS
14.1. The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for your Package in the event of our insolvency. We provide this security by way of a trust account held with PT Trustees Limited, of Nucleus House, 2 Lower Mortlake Road, Richmond TW9 2JA. For further information, please visit: https://www.pttrustees.com/ or email [email protected].

15. EXCURSIONS
15.1. It may be possible for you to book a local excursion during your Package, such as an activity, sports or adventure experience. These will be bookable and payable by you locally. You will be entering into a contract directly with the excursion provider and it will not form a part of your Package. These excursions will be provided by third parties over whom we have no control or relationship with. We do not have any responsibility for their provision, nor do we accept any liability if you suffer loss or damage whilst on a local excursion.

16. COACH TRANSFERS
16.1. As part of your Festival Ticket, we will provide coach transfers from local stations to the Festival site. These coach transfers form part of your Festival Ticket booking and does not constitute a separate travel service under the Package Travel and Linked Travel Arrangements Regulations 2018 nor under the Package booking.

17. YOUR BEHAVIOUR
17.1. You and all persons named on the booking are expected to conduct yourselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in the our or the Supplier/Principal’s opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we or the Supplier/Principal reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused including for loss and/or damage caused to the Accommodation or other service. Full payment for any such damage or losses must be paid directly to the Supplier/Principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.

18. COMPLAINTS
18.1. If you have a complaint about your Travel Arrangements, you must tell the Supplier/Principal straight away. You must also contact us using the emergency contact telephone number or our customer services email address which are included in your booking confirmation documents. That number will put you in contact with one of our employees who will take all reasonable steps to help you. It is only if you do this that we have the opportunity to put matters right whilst you are still on holiday.
18.2. If you have a complaint or claim that you wish to pursue, please write to us within 28 days of your return to the United Kingdom and we will contact the Supplier/Principal on your behalf where relevant. Since we act as an agent on behalf of the Supplier/Provider in respect of the Accommodation, we are not responsible to you for any refunds or compensation payments and nor can these be made without the Supplier/Principal’s authorisation in respect of the Accommodation.
19. PERSONAL DATA
19.1. We will only use your personal information as set out in our Privacy Policy (https://boardmasters.com/privacy-cookies-statement/).

20. ACCOMMODATION RATINGS AND STANDARDS
20.1. All ratings are as provided by the relevant Accommodation Provider. These are intended to give a guide to the services and facilities you should expect from your Accommodation. Standards and ratings may vary between suppliers and we cannot guarantee the accuracy of any ratings given.

21. OTHER IMPORTANT TERMS
21.1. These Booking Conditions and the associated booking confirmation set out the entire agreement between us. You are not relying upon any other statement, promise or assurance in relation to your booking.
21.2. These Booking Conditions are between you and us. No other person shall have any rights to enforce any of their terms and conditions.
21.3. If we do not insist immediately that you do anything you are required to do under these Booking Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
21.4. We may transfer our rights and obligations with you under these Booking Conditions to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the Booking Conditions.