Terms and Conditions
Terms & Conditions for the Sale of Entertainment Ticket(s) – US
DEFINITIONS AND INTERPRETATION
‘ATG’ and ‘We’, ‘Our’, ‘Ours’ and ‘Us’ refers to ATG Tickets US, LLC, whose office is at 214 West 43rd Street, New York, NY 10036.
‘Business Day’ means Monday to Friday, excluding any United States federal government holidays.
‘Event’ means an entertainment event including, without limitation, a concert, exhibition, sport, theatrical and/or music event to be held at a Venue in respect of which We have the right to sell You Tickets.
‘Event Partner’ means any party involved in the provision of the Event, such as a Promoter, Venue owner/operator, performer or producer.
‘Promoter’ means the person firm or company staging the Event if different from Us.
‘Site’ means www.TheHudsonBroadway.com or www.us.atgtickets.com.
‘Tickets’ means printed, electronic or other type of evidence (including a wristband) of the right to occupy space at or to attend an Event sold by Us to You on behalf of the Event Partner(s).
‘Ticket Related Voucher(s)’ means any voucher which can be redeemed against products or services at or near the Venue including, without limitation, food and drink vouchers, restaurant vouchers, Ambassador Lounge packages, upgrade packages and car park vouchers.
‘Venue’ means any facilities or locations of any nature where the Event is being held.
‘Voucher(s)’ means a gift voucher You purchase from Us.
‘You’ means you or anybody who in Our reasonable opinion is acting with your authority or permission. ‘Your’ shall be read accordingly.
CONTRACT AND INCORPORATION OF TERMS
PRICE AND PAYMENT
CHANGES TO EVENT
AFTER SALES CARE & COMPLAINTS
USE OF DETAILS AND DATA PROTECTION
RESALE OF TICKETS
CONDITIONS OF ADMISSION AND ATTENDANCE
RESTRICTIONS AND PROHIBITIONS
TICKET RELATED VOUCHER(S)
HEALTH AND SAFETY
EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
AMENDMENTS AND VARIATIONS
GOVERNING LAW AND JURISDICTION
CONTRACT AND INCORPORATION OF TERMS
1.2 Your contract for the purchase of Ticket(s) is formed as soon as We have processed Your payment and will expire immediately after the performance 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.
1.3 Your purchase of Ticket(s) is subject to these Terms, which incorporate and should be read in conjunction with the Event Partner(s)’ terms, conditions and regulations, copies of which are available on the Event or Venue website or at Venue Box Office. In the event of any inconsistency between the terms in relation to Venue or Promoter requirements, those of the Promoter shall prevail. If no Promoter, those of the Venue shall prevail.
All Tickets are sold subject to availability and to these Terms. These Terms 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. A valid Ticket must be produced to get into an 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 All Sales are final. 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.
2.3 We will not be responsible for any Ticket that is lost, stolen or destroyed. ATG only accepts responsibility for Tickets bought from one of its own managed sales points. Any queries regarding Tickets purchased from third party ticket agents must be directed back to the relevant agent.
2.4 It is not always possible to issue duplicate ticket(s). For example, for non-seated events where there is a possibility of both the original and duplicate ticket(s) being used, issuing duplicate tickets may compromise the licensed capacity of the venue. Duplicates may therefore be issued at the discretion of the Promoter or the Venue acting reasonably.
2.5 We and the Event Partner(s) reserve the right to provide alternative seats at an Event to those specified on the Ticket if the staging of the Event reasonably requires, provided they are of no less value to that stated on the Ticket.
2.6 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
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, trademarks, logos and/or intellectual property appearing on the Ticket.
2.8 Tickets cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by the Event Partner(s), provided that even if such consent is obtained, use of Our trademarks and other intellectual property is subject to Our prior written consent.
2.9 You agree not to obtain or attempt to obtain any Ticket(s) through unauthorized use of any robot, spider or other automated device or ticket purchasing software or any other illegal or unauthorized activity. We reserve the right to cancel any Ticket transaction which We reasonably suspect to have been made in breach of these provisions without any notice to You, and any and all Ticket(s) purchased as part of such transaction will be void.
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 Service Charge (where applicable) but exclusive of any Processing Fee, collection or delivery fee.
3.2 Credit/debit card fees may be charged per ticket on certain performances. ATG will inform You of this cost at the time of booking.
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.
3.4 All concessions and discounts are subject to availability, they may be restricted to certain price levels and performances and can be withdrawn by ATG without notice.
3.5 Only one concession or discount is available per ticket.
3.6 If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on the Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this Site or other ATG operated system.
4.1 If You select “Print at Home” Your Tickets will be delivered as an eticket to the email address provided when You registered on the Site. Your eticket must be printed; entry will be denied if the eticket is presented on mobile or tablet device. Your eticket must be clearly printed on plain, clean, white paper. Problems with printing will not be Our responsibility or the responsibility of the Venue. Unauthorized duplication of Your eticket may prevent Your admittance to the Event. ATG is not responsible for any inconvenience caused by unauthorized duplication. ATG reserves the right to refuse entry to all ticket holders and may credit the original purchaser the face value, which will constitute full remuneration. A hard copy duplicate ticket issued by ATG, will render the original eticket null and void. If you do not select “Print at Home” your Tickets will be delivered in accordance with clauses 4.2 to 4.7.
4.2 Your Ticket(s) will only be delivered to the billing address of the debit/credit card holder unless We specifically offer You the ability for Ticket(s) to be sent to an alternative address.
4.3 Ticket(s) will arrive no later than 5 Business Days before the date of the performance. If Your Ticket(s) are not being held at the Venue box office, and You have not received Your Ticket(s) from Us 5 Business Days prior to the Event, please contact Us.
4.4 If Ticket(s) dispatched by post are returned to Us as ‘addressee unknown’ We reserve the right to cancel Your booking and make a refund of the Ticket price only.
4.5 We reserve the right to make Ticket(s) available for collection at the Venue box office. You will be notified at point of sale, by telephone, by email or in writing of the arrangements for collection (using the details provided at the time of ordering) if this becomes necessary.
4.6 Where there is not enough time to deliver Ticket(s) by post, We will inform You about the arrangements for collection of Your ticket(s).
4.7 If You are collecting Your Ticket(s) from the Venue box office, You must have an acknowledgement of order sent by Us to You, and the credit/debit card used by You to purchase Ticket(s). You may also be required to present Your photo ID.
CHANGES TO EVENT
5.1 The Event Partner(s) reserves the right to make alterations to the published Event program 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 EVENTS
6.1 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 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 an Event managed by ATG Tickets US, LLC through no fault of Ours, your tickets may be exchanged, subject to availability. In order to obtain an exchange you must contact us 48 hours before the Event that you are not able to attend. Ticket(s) can be exchanged for a seat of the same value or higher upon payment of the difference in value, within its current run at the same Venue and will be subject to a per ticket exchange fee of $12. If a discount has been applied to the Ticket(s), then this will only be honored within the original terms and conditions of the offer. If the Event has been booked through us for a Promoter then an exchange may not be offered and we would refer You to the Promoter’s own terms and conditions of sale.
7.2 Ticket(s) cannot be cancelled or refunded after purchase unless the performance is cancelled or rescheduled (subject to clause 6) or where there is a material change to the program of the Event.
7.3 Where an Event is cancelled or rescheduled (subject to clause 6 and this clause) by the Venue or Promoter, where an Event is cancelled or rescheduled due to circumstances beyond Our control, or where there is a material change to the program 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 program 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 use of understudies in a theatre performance shall not be a material change.
7.5 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 beyond the refunds that may be payable under the Venue’s or Event Partner(s) rules.
7.6 Where such a refund is sought due to cancellation, rescheduling or a material change to the program 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 the applicable per Ticket booking fee but excluding the per transaction collection or delivery 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.
8.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by You are at your own risk. Unless otherwise stated in this clause, Our and the Event Partner(s)’ liability to You in connection with the Event (including, but not limited to, in the event of cancellation, rescheduling or material change to the program of the Event) shall be limited to the Ticket price paid by You including the Service Charge but excluding the Processing Fee, per transaction collection or delivery fee.
AFTER SALES CARE & COMPLAINTS
9.1 Should You have any queries or complaints relating to Your Ticket purchase please contact Our Customer Care team on 855-801-5876. We will acknowledge all customer correspondence within 24 hours.
10. USE OF DETAILS AND DATA PROTECTION
11. RESALE OF TICKETS
11.1 You may not resell or transfer a Ticket if prohibited by law. Any resale or transfer (or attempted resale or transfer) of a Ticket in breach of the applicable law is grounds for seizure or cancellation of that Ticket.
11.2 ATG may offer Tickets as part of a targeted promotion at a discounted price to individuals or groups because of their status or membership in a community or group (e.g., student tickets). Promotional or discounted Tickets that cannot be resold will be marked as such and any resale or transfer (or attempted resale or transfer) of a Ticket in breach of this prohibition is grounds for seizure or cancellation of that Ticket.
12.1 Any Ticket obtained in breach of these Terms 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.
13.1 Ticket(s) may be restricted to a maximum number or sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restriction 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).
14. CONDITIONS OF ADMISSION AND ATTENDANCE
14.1 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.
14.2 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:
1) 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
2) uses threatening, abusive or insulting words or behavior 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 Venue is under the influence of drugs or has consumed an excessive amount of alcohol; or
4) fails, when required, to produce proof of identity or age; or
5)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.
14.3 You must comply with instructions and directions given by Venue staff and stewards.
14.4 No refunds will be given to Ticket holders who are refused entry or ejected due to their own behavior as suggested in, but not limited to, the examples above.
14.5 No Children under 5 will be admitted to the Venue except where specifically stated at the time of booking. Children (ages 18 months to 15 years inclusive) shall require their own ticket which shall be at full ticket price if no child concessions are available at the time of booking. Children under 18 months of age that do not require a seat shall be admitted free of charge to those shows they may attend (i.e., children’s shows only); however, children under the age of 18 months will not be admitted to any performance unless they are specifically aimed for them (i.e. children’s shows). Children must be supervised at all times and supervision of children shall be by not less than 1 adult of at least 21 years of age per 10 children. The management of the Venue reserves the right to ask parents / guardians / supervisors to remove children if, in the opinion of the management of the Venue, they are causing a disturbance.
RESTRICTIONS AND PROHIBITIONS
15.1 The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any Venue is strictly forbidden. Unauthorized recording equipment, recordings, tapes, films or similar items may be confiscated and destroyed or deleted. Any recording made of an Event in breach of these conditions shall belong to the Event Partner(s). The Event Partner(s) and Venue will not be liable for any loss, theft or damage to confiscated items.
15.2 By attending an Event, Ticket holders consent to filming and sound recording of themselves as members of the audience. The Event Partner(s) may use such films and recordings (including any copies) without payment.
15.3 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 materials.
15.4 Mobile telephones and messaging equipment must be switched off during the Event.
15.5 Alcohol may only be consumed in public bars and other authorized areas. Smoking is not permitted unless within a designated smoking area (if any).
15.6 The following are not permitted within any Venue:
1) animals (with the exception of assistance dogs);
2) laser pens, fireworks, flares, smoke bombs;
3) Your own food and drink (unless permitted by the Venue);
4) bottles, cans or glass containers (unless permitted by the Venue);
5) any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g. knives);
6) firearms (except as carried by law enforcement officials); and
7) illegal substances.
15.7 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.
15.8 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.
15.9 Ticket holders may only leave and re-enter the Venue during an Event at the discretion of the management of the Venue. Otherwise, there will be no re-admission or pass-outs of any kind.
TICKET RELATED VOUCHER(S)
16.1 All Ticket Related Voucher 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 Related Voucher(s) constitutes agreement of these Terms and Conditions. A valid Ticket Related Voucher(s) must be produced in order to receive the relevant products associated with it. Removing any part of, altering or defacing the Ticket Related Voucher(s) may invalidate Your Ticket Related Voucher.
16.2 It is Your responsibility to check Your Ticket Related Voucher(s) as mistakes cannot always be rectified after purchase. Please check your Ticket Related Voucher(s) on receipt carefully and contact us immediately if there is a mistake. Any individual retail products included in a Ticket Related Voucher(s) (as part of the Ambassador Experience) are subject to availability, and to change, and ATG reserves the right to substitute any advertised products with items of equal or greater value.
16.3 We will not be responsible for any Ticket Related Voucher(s) that is lost, stolen or destroyed. ATG only accepts responsibility for Ticket Related Voucher(s) bought from one of its own managed sales points. Any queries regarding Ticket Related Voucher(s) purchased from third party ticket agents must be directed back to the relevant agent.
16.4 It is not always possible to issue duplicate Ticket Related Voucher(s).
16.5 Where a Ticket Related Voucher(s) is purchased to include liquor then proof of age may be required upon exchange of the Ticket Related Voucher(s) at the venue. The venue reserves the right to refuse to serve customers believed to be under age.
16.6 Possession of a Ticket Related Voucher(s) does not confer any rights (by implication or otherwise) on You to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket Related Voucher(s).
16.7 Ticket Related Voucher(s) cannot be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by the Venue, provided that even if such consent is obtained, use of Our trademarks and other intellectual property is subject to Our prior written consent.
16.8 You agree not to obtain or attempt to obtain any Ticket Related Voucher(s) through unauthorized use of any robot, spider or other automated device or any other illegal or unauthorized activity. We reserve the right to cancel any Ticket Related Voucher(s) transaction which We reasonably suspect to have been made in breach of these provisions without any notice to You, and any and all Ticket Related Voucher(s) purchased as part of such transaction will be void.
HEALTH AND SAFETY
17.1 Ticket holders must comply with all relevant statutes, safety announcements and Venue regulations while 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, pyrotechnic effects or lighting effects.
18. DISPUTE RESOLUTION
18.1 Any complaints about a Ticket holder’s seating or ability to view a production should be made promptly to the management of the Venue either before or during the Performance.
18.2 If any dispute arises out of these Terms and Conditions, We will attempt to settle it. We will acknowledge all customer correspondence within 24 hours and We shall use Our reasonable endeavors to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties within 5 working days.
18.3 If we are unable to settle any dispute by negotiation, any disputes, claims or controversies arising from or related to your Tickets, or between you and Us, the Event Partner, the Promoter or the Venue regarding such matters, shall be submitted by Us to mediation and if the matter cannot be resolved through mediation, it shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of New York, County of New York, and shall be administered by and pursuant to the rules of the American Arbitration Association (“AAA”). Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any claims or disputes to be arbitrated or litigated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. No arbitration award or decision shall be given preclusive effect as to the issues or claims in any dispute with anyone not a party to that arbitration. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any rights arising by reason of your Ticket purchase (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and you specifically waive any right to be a member of a class action lawsuit for any claim, dispute or controversy arising from or related to your Ticket(s).
19.1 If we delay or fail to enforce any of these Terms, it shall not mean that We have waived our right to do so.
20.1 We shall be entitled to assign any of Our rights and obligations under these Terms provided that Your rights are not adversely affected.
EVENTS BEYOND OUR REASONABLE CONTROL (FORCE MAJEURE)
21.1 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.
22. AMENDMENTS AND VARIATIONS
22.1 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 and the Promoter. You should read these Terms 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 contact Us in writing. After the contract has been made, these Terms cannot be varied or amended in any respect unless both You and We agree in writing.
23. ENTIRE AGREEMENT
23.1 These Terms, and the terms and conditions of the Venue and the Promoter 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.
GOVERNING LAW AND JURISDICTION
24.1 These Terms and Conditions are governed by the law of the State of New York. If any provision (or portion thereof) contained herein is found by any arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable, that provision (in whole or in part) shall, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity, legality and enforceability of the other provisions of these Terms and Conditions shall not be affected or impaired thereby. If any such provision (or portion thereof) is held invalid or unenforceable with respect to particular circumstances, it shall remain in full force and effect in all other circumstances.