General Terms and Conditions for Tickets and Attendance at Events
- Application of General Terms and Conditions
The sale of tickets for an Event and attendance at an Event are subject to these General Terms and Conditions as well as any specific terms and conditions notified at the time of ticket sale.
“Event” means a concert, show or other performance at a Arts and Culture Trust venue, namely His Majesty’s Theatre, State Theatre Centre of Western Australia, Subiaco Arts Centre and Albany Entertainment Centre, or that is arranged by Arts and Culture Trust, or for which Arts and Culture Trust sells tickets.
“Organisations” means West Australian arts organisations (“Organisations”) who use a common customer relationship system known as Tessitura, for the purpose of ticketing, marketing, fundraising and customer relationship management. A list of organisations with whom Arts and Culture Trust currently deals can be found in Arts and Culture Trust’s Privacy Policy.
“You” means the person acquiring a ticket or seeking to attend an Event and “we” means Arts and Culture Trust.
By acquiring a ticket for an Event and/or seeking to attend an Event, you agree to these General Terms and Conditions.
By purchasing a ticket on behalf of someone else, you undertake to inform them of these General Terms and Conditions and any other terms and conditions notified at the time of sale.
These General Terms and Conditions also apply to tickets issued by an authorised ticket seller (if any). To the extent of any inconsistency, these General Terms and Conditions, and any other conditions of sale relating to the specific Event notified at the time of sale, will prevail.
If another company is presenting the Event, tickets and attendance may also be subject to the other presenter’s terms and conditions. Alternatively, if the ticket is for an Event at a venue other than a Arts and Culture Trust venue, attendance at the venue may also be subject to the other venue’s terms and conditions. You will be notified of this on our website with the information relating to the specific Event.
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Resale Prohibited
You agree not to re-sell any tickets for profit.
Tickets must be purchased from an authorised ticket seller and must not be included in packages or used in advertising unless authorised by us in writing.
Arts and Culture Trust and members of the Perth Tessitura Consortium are the only authorised ticket sellers for Events at Arts and Culture Trust venues, unless we specify on our website that there are other authorised ticket sellers for a specific Event. Tickets purchased from Ticketmaster Resale, Viagogo, Ticketbis, eBay, Gumtree, Tickets Australia, Humanitix, TryBooking or any other unauthorised re-seller may be cancelled without notice and/or the holder may be refused admission to the Event.
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Other Terms and Conditions of Sale
We may impose other terms and conditions of sale in relation to specific Events, in which case you will be notified of these at the time of sale, including on our website with the information relating to the specific Event.
We may impose a maximum ticket limit to specific Events. Unless otherwise specified, the maximum number specified applies to the Event or season overall, not to each performance. Tickets purchased in excess of a ticket limit may be cancelled without notice.
Normally you may choose your preferred method of ticket delivery but we reserve the right to require you to collect tickets at the Box Office if we deem it necessary for operational reasons, for example to ensure the tickets are issued correctly.
Arts and Culture Trust reserves the right to change any element of its sales structure, including but not limited to reserves and pricing, at any time and without notice. Pricing for any event or product sold through Arts and Culture Trust, including but not limited to single ticket and subscription prices, are subject to demand based pricing. This may see prices increase or decrease at any time during a sales period for any given event or product. These changes may occur without notice.
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Refunds
We will not be responsible for refunding tickets purchased from unauthorised re-sellers.
Otherwise, you are entitled to a refund if we cancel an Event or reschedule it to a time more than 2 hours earlier or later than originally programmed and you cannot or do not wish to attend the rescheduled Event. You are also entitled to a refund if we issue a ticket to you by mistake and we are unable to provide you with the Event in question.
If you believe an Event you have attended was not provided substantially as advertised, we will give reasonable consideration to your request for a refund. However, we reserve the right not to provide a refund:
(a) merely because you did not enjoy the Event, performance or venue, you arrived late or did not attend;
(b) if you were refused entry or removed due to your breach of these General Terms and Conditions or for the reasons described in paragraph 7; or
(c) if, despite our reasonable diligence, the cause was outside our control.
If you believe you are entitled to a refund you should apply within five business days after the Event’s scheduled commencement. If you do not seek a refund within a reasonable timeframe we may not provide you with the requested refund, unless required by law. If you purchased your ticket from another authorised ticket seller, you should apply to them for your refund.
Any refund payable will be made to the original purchaser, and when practicable to the original form of payment used to purchase the ticket.
We will not be responsible for any expenses incurred or to be incurred by you, for example travel, car parking, child care, accommodation or other goods or services, even if the Event is cancelled. You should consider whether insurance is appropriate for your circumstances.
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Lost Tickets
It is your responsibility to keep your tickets safe. Replacement of lost, stolen or missing tickets may be permitted at our sole discretion and fees may apply.
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Changes
While we endeavour to keep ticket-holders informed, details may change sometimes with little or no notice. For example, artists or other participants may be added, withdrawn or substituted or the venue may change.
Despite any seat number on your ticket, we do not guarantee you any particular seat. If we need to allocate a different seat to you for operational reasons, including a change of venue, we will use reasonable endeavours to ensure it is in a location of comparable value to the seat number on your ticket.
We make every effort to ensure pricing is correct but we reserve any rights we may have to correct genuine errors.
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Refusal of Admission
We may refuse entry to an Event or have you removed from the venue on valid grounds, including if:
(a) you fail to comply with these General Terms and Conditions or the venue’s Conditions of Entry;
(b) we have not received payment for your ticket or you are unable to produce a ticket;
(c) you are intoxicated or you behave in a threatening, disruptive or offensive manner;
(d) you interfere unreasonably with another visitor’s enjoyment of the Event or venue or with our staff carrying out their functions; or
(e) as specified elsewhere in these General Terms and Conditions.
We may need to refuse admission for safety or security reasons, in which case we will refund your ticket if it was purchased in accordance with these General Terms and Conditions.
Unless otherwise specified, we do not provide supervision of children. All children requiring supervision must be accompanied by a supervising adult at all times and may be refused admission or attendance if not accompanied by a supervising adult.
Latecomers may be admitted to a performance during a suitable break, which could be the first interval, if an interval is scheduled. In some cases, latecomers may not be admitted at all.
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Venue Requirements
To help ensure the safety and security of Arts and Culture Trust venues, bags and personal belongings may be subject to visual inspection.
Umbrellas, prams, backpacks, larger bags and other items that may be hazardous or restrict the movement of visitors may not be permitted into the venue or may be required to be cloaked, depending on the nature of the Event and relevant circumstances.
It is your responsibility to collect any cloaked items after the performance.
Normally food and drink are not allowed inside a theatre or auditorium, unless otherwise specified.
Other items that are prohibited inside the Arts and Culture Trust include, but are not limited to: alcohol purchased from outside; glass bottles; offensive signs or clothing, laser pointers; and any other items that could present a safety hazard to others or interfere with the performance.
Commercial activity including promotions, marketing, photography and filming are not permitted at Arts and Culture Trust venues, unless expressly authorised by us.
You must switch your mobile phone to silent while in a theatre or auditorium or on a tour.
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Photographs, Recordings and Privacy
We reserve the right to record, broadcast and/or telecast any Event at a Arts and Culture Trust venue and you consent to the use of any image or recording taken of you, and anyone for whom you are responsible, while on the premises. We are not obliged to use, broadcast or provide to you any such recording.
We use closed circuit television (CCTV) cameras at Arts and Culture Trust venues.
You agree to Arts and Culture Trust sharing your personal information with other Organisations.
Refer to the Arts and Culture Trust Privacy Policy for information about how we handle personal information.
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Liability
Arts and Culture Trust will not be responsible or liable for any loss, damage or injury to the extent arising from your negligent acts or omissions, any pre-existing medical condition, your breach of these terms and conditions, or your reliance on reviews and opinions about Events and performers.
You should make your own further inquiries before deciding whether an Event is suitable.
You are responsible for your personal possessions such as bags, mobile phones and other items you carry with you.
Our liability to you in relation to tickets is limited to the obligations specified in these General Terms and Conditions and our obligations under applicable laws and the Live Performance Australia Ticketing Code of Practice – Consumer Code.
The Australian Consumer Law provides certain statutory guarantees for consumers which cannot be excluded, for example that services will be provided with due care and skill. Nothing in these General Terms and Conditions modifies or excludes those guarantees.
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No Waiver
We reserve the right to enforce these General Terms and Conditions if:
(a) you have purchased a ticket to an Event in contravention of these General Terms and Conditions and you attempt to attend the Event; or
(b) we have not enforced our rights under these General Terms and Conditions on a prior occasion.
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Guided Tours
Without limiting any other provision, the following provisions apply to guided tours:
(a) the tour route and access to venues, including theatres, auditoriums and backstage areas, vary depending on availability and performance and rehearsal schedules so no particular route or access is guaranteed;
(b) ticket holders must remain with the tour guide and follow instructions;
(c) latecomers will not be able to join a tour and their tickets will not be refunded;
(d) there may be numerous stairs on a tour so flat, rubber soled shoes should be worn.
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Complaints
Customer Feedback
Arts and Culture Trust
PO Box 7118
Cloisters Square WA 6850
If you experience a problem or issue with our venue or our services, please let our staff know promptly and we will use reasonable endeavours to address the issue.
If you wish to make a complaint about our venue or services, we ask that you do so within five days after the relevant Event or issue.
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Amendments
We may amend these General Terms and Conditions by updating them on our website. You should review them before seeking to purchase tickets for, or to attend Events.
Arts and Culture Trust ABN 73 260 603 839
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Social Media Community Guidelines
The Arts and Culture Trust social media pages provide relevant places to discuss the events, brands, our projects and shows, initiatives, services and relevant news. The following guidelines are designed to help provide a quality environment for our fans and followers. Please keep them in mind whenever you participate online.
By interacting with Arts and Culture Trust’s social media pages you agree to comply with the Terms and Conditions set out by each of those platforms.
- Arts and Culture Trust reserves the right to moderate, alter, crop, highlight, and/or repost content posted to the Arts and Culture Trust, Perth Cultural Centre, His Majesty’s Theatre, State Theatre Centre of Western Australia, Subiaco Arts Centre, Albany Entertainment Centre, Downstairs at The Maj, King Street Arts Centre, Crew & King and Hole in The Wall social media pages.
- The material on any of Arts and Culture Trust’s social media pages may only be reproduced, distributed, transmitted, or otherwise used, in its original and complete form.
- Arts and Culture Trust expects that users will not post any comments or materials that fall into any of the following categories and advise that such material will be moderated and removed from the relevant pages:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, misleading or unlawful material or information.
- Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
Users who repeatedly violate these guidelines will be blocked and may be reported to an appropriate authority.