Terms & Conditions

PACKAGE HOLIDAY BOOKING CONDITIONS

YOUR CONTRACT IS WITH Choice Holidays Limited, a Member of ABTA for an on behalf of experiencemalta.co.uk

1. Your holiday contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so.

2. Your financial protection
We provide full financial protection for our package holidays, by way of our Air Travel Organiser’s Licence number 11215. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t able do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

3. ABTA
ABTA: We are a Member of ABTA, membership number Y6387. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved

4. Your Holiday Price
1) We reserve the right to alter the prices of any of the holidays shown in our brochure. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.

2) When you make your booking you must pay a deposit of £200 per person, however a higher deposit will be necessary if your booked airline requires an immediate full payment. The balance of the price of your travel arrangements must be paid at least 3 weeks before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. The price of your travel arrangements was calculated using exchange rates quoted in the latest available data on XE.com in relation to the following currencies: GBP, EUR.

3) Changes in transportation costs (including the cost of fuel), dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports and exchange rates mean that the price of your travel arrangements may change after you have booked. However there will be no change within 30 days of your departure.  We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £2 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: 1) you must do so within 14 days from the date on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.


4) All monies you pay to the travel agent are held by him on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by him, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

5) A charge of up to 2.2% may be incurred on all debit and credit card payments (excluding American Express credit cards) you make. A charge of up to 4.1% is incurred on all American Express credit card payments you make. Card details will be encrypted and are not stored by us.

5. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of (£5), and any further cost we incur in making this alteration.  You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain travel arrangements (e.g. Apex Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.

6. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay cancellation charges as follows:

Period before departure  Cancellation charge
in which you notify us
More than 42 days  Deposit only
More than 28 days  50% of holiday cost
More than 21 days  70% of holiday cost
More than 7 days  90% of holiday cost
Less than 7 days  100% of holiday cost
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

7. If We Change or Cancel Your Holiday
As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time. Changes If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your holiday and receiving a full refund of all monies paid. In some cases we will also pay compensation (see below). These options don’t apply for minor changes. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard, changes of carriers. Please note that carriers such as airlines used in the brochure may be subject to change. Cancellation We will not cancel your travel arrangements less than 2 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached. If your holiday is cancelled you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).In some cases we will pay compensation (see below).
Insurance If we cancel or make a major change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy. 
Compensation If we have to cancel or make a significant change to your arrangements, we will give you the following choices:
• Accepting the changed arrangements as notified to you;
• Purchasing another holiday from us, of a similar standard to that originally booked if available (with you paying or receiving a refund in respect of any price difference); or
• Cancelling or accepting the cancellation and receiving a full & prompt refund of all monies paid to us.

You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the alternative booking arrangements. If we make a significant change or cancellation less than 70 days before departure, we will also pay compensation as detailed below:
IF WE CANCEL OR MAKE A MAJOR CHANGE TO YOUR HOLIDAY
Period before departure in which we notify you Amount you will receive from us
More than 15 days £10
Less than 15 days £20
Force Majeure We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport.

8. If You Have A Complaint
If you have a problem during your holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at 48, Main Street, St. Julian’s STJ 1017 Malta giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative without delay and complete a report form whilst in resort. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please also see clause 3 above on ABTA.

9. Our Liability to You
If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of twice the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to
(a) The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
(b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. 

Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details will be publicised at EU airports and available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 7. If any payments to you are due from us, any payment made to you by the airline will be deducted.
NB this clause does not apply to any separate contracts that you may enter into for excursions or activities whilst on holiday.

10. Prompt assistance in resort
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

11. Passport, Visa and Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

12. Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your package holiday provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.

This brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.

13. Disabled and Less Mobile Passengers

If you or any member of your party have any disabilities, it is extremely important that we make the necessary arrangements to make your holiday go smoothly. We must therefore insist that you contact sending us a filled in checklist to our offices on booking@experiencemalta.co.uk before completing any reservation to ensure compatibility for the holiday that you choose.

FESTIVAL TERMS AND CONDITIONS

THE POSSESSION OF A TICKET OR WRISTBAND CONSTITUTES AN ACCEPTANCE BY THE HOLDER OF THE TERMS AND CONDITIONS BELOW

Definitions

In these Terms & Conditions all references to: 

"Boat"

means any boat used for the purposes of a Boat Party and "Boats" shall be construed accordingly;

"Boat Party"

means a boat party operated by Captain Morgan Cruises Limited of Dolphin Court, Tigne Sea Front, Sliema, SLM 3012 (registered number C4151) for the purposes of the Festival and "Boat Parties" shall be construed accordingly;  

"Festival"

means Lost & Found, Malta;

"Festival Venue"

means any venue used for the purposes of the Festival, excluding any Boat;

"Force Majeure"

shall have the meaning given to it in clause 6.3;

"Prohibited Items"

shall have the meaning given to it in clause 5.3;

"Promoter", "Us" or "We"

means Sound Malta LLP of 1-5 Springfield Mount, Leeds, LS2 9NG, (Registered No. OC397290); 

"Terms and Conditions"

means these terms and conditions;

"Ticket"

means a valid ticket for the Festival purchased from an authorised ticket agent;

"Website"

means www.lostandfoundfestival.co.uk;

"Wristband"

means a valid wristband for which You have exchanged for a Ticket and which permits you admission to the Festival; 

"You"

means the holder of the Ticket and "Your" and "Yourself" shall be read accordingly.

Incorporation of Terms and Conditions

These Terms and Conditions incorporate, and should be read in accordance with, the terms and conditions of the authorised ticket agent from which You purchased Your Ticket, copies of which are available upon request from the relevant authorised ticket agent. In the event of any inconsistency between these Terms and Conditions and the terms and conditions of the relevant authorised ticket agent, these Terms and Conditions shall prevail.

All Tickets are sold subject to these Terms and Conditions. Please read these Terms and Conditions carefully prior to purchase and raise any queries with the Promoter prior to purchase.

These Terms and Conditions are subject to change from time to time without notice and in our sole discretion. We will notify You of amendments to these terms and conditions by posting them to our Website or to the website of our authorised ticket agents.

By purchasing and/or using a Ticket You confirm:

·       that You have read these Terms and Conditions and agree and accept to be bound by them;

·       You are over 18 years of age.

Tickets and Wristbands

Tickets for the Festival are non-transferable.  Each Ticket details the name of the registered Ticket holder or, if You have purchased multiple Tickets, the name of the person who purchased the Ticket(s).

Upon arrival at the Wristband exchange, You must present a Ticket and photographic proof of identity and age (a valid passport or drivers license) in order to be issued with a Wristband for entry to the Festival.  If someone purchased a Ticket on Your behalf, You must present a photocopy of the purchaser’s identity (a valid passport or drivers license), the card the Tickets were purchased on and a letter of authority from the purchaser confirming they purchased the Ticket on your behalf.  You must retain the Wristband on Your person at all times during the Festival. Your Ticket and/or Wristband may be invalidated if any part of it is removed, altered or defaced. 

The Festival is strictly for persons aged 18 or over and all Ticket holders must be 18 years of age or over at the time of purchase of the Ticket. Admission to the Festival shall be refused to any Ticket or Wristband holder where the Promoter or its representatives or agents have any doubt whatsoever as to the age or identity of the Ticket or Wristband holder. 

Only Tickets purchased from the Promoter’s authorised agents shall be considered valid. Tickets bought from other sources will be refused admission without refund. 

It is Your responsibility to ensure that all information You provide is accurate. You must check Your Ticket immediately upon receipt to ensure all names and other information are correct as mistakes cannot always be rectified after purchase.

The Ticket is personal to the named Ticket holder but does not give You any proprietary rights and shall at all times remain the property of the Promoter and subject to these Terms and Conditions. The Promoter reserves the right to refuse Your purchase and/or revoke Your Ticket and/or Wristband at any time and for any reason whatsoever.

Price and availability information is subject to change without notice. You will be advised of the price and availability of Tickets at the time of purchase.   A Ticket does not include entry to the Boat Parties.  Tickets for the Boat Parties are sold separately and must be purchased in addition to a Ticket should You want to attend a Boat Party.

Tickets and/or Wristbands are non-returnable and refunds will not be made on returned Tickets and/or Wristbands unless provided for under these Terms and Conditions.

You are solely responsible for the safe-keeping of Your Ticket and/or Wristband and the Promoter is not responsible for any Ticket or Wristband that is lost, stolen, damaged or destroyed.  In the event You require a duplicate Ticket, You must contact the authorised agent through which you purchased the Ticket and their terms and conditions shall apply. The Promoter is not responsible for issuing duplicate Tickets or duplicate Wristbands. 

Tickets are barcoded and each barcode is unique and only allows one entry to the Festival.

Ownership or possession of a Ticket or Wristband 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 or Wristband.

Tickets and/or Wristbands may not be sold or transferred to another person; or used by any person for promotional purposes, including as a prize or other reward in a competition or lottery or as part of a hospitality package, except with the prior written permission of the Promoter.

Where a Ticket and/or Wristband has been obtained by a person in breach of clause 3.12, the Promoter’s obligations in relation to the Ticket and/or Wristband will immediately cease and the Ticket and/or Wristband shall be void. In particular, any person presenting the Ticket or Wristband may be refused entrance to, or removed without notice from the Festival; and the Ticket or Wristband may be confiscated and the Promoter shall have no obligation to refund any of the monies paid for the Ticket.

Access Requirements and Disabilities: If You have any medical problem or disability which may affect Your access to the Festival You must contact the authorised ticket agent from whom You are purchasing your Tickets with details prior to purchase. They can then liaise with Us and advise You as to the suitability of the Festival and Festival Venues taking into account Your special requirements.  They may require You to produce a doctor’s certificate certifying that You are fit to attend the Festival. Acting reasonably, if We are unable to properly accommodate the needs of the person(s) concerned, we will advise You accordingly (through the authorised ticket agent) and you will not be able to purchase a Ticket. If You did not give us full details at the time of purchase, we reserve the right to refuse you admission to the Festival with no right to refund.

Amendments, Cancellations & Refunds

Please note that all Tickets are non-refundable and in the event you cannot or no longer wish to attend the Festival, or you wish to cancel your Ticket for any other reason, you shall not be entitled to a refund from Us.

Tickets are sold subject to the Promoter’s right to alter or vary the published Festival programme which may result in changes including but not limited to, the artist and performer line-up, playing times, Festival Venue or any other aspect of the Festival, and the Promoter reserves all rights in this regard. Any published start times of a performance at the Festival are estimates only and are subject to change without notice. The Promoter shall not be liable for any change of a published start time.

All advertised times are approximate and subject to change without notice. It is Your responsibility to make appropriate arrangements to ensure that You arrive at the relevant Festival Venue in sufficient time in case the Festival starts early and to ensure that You are able to stay until the close of the Festival should You wish to if it overruns. We will not be responsible to make any refund or meet the costs of any alternative travel arrangements or for any loss of enjoyment or other indirect loss as a result of an Festival not running to the precise advertised times.

In the event of a cancellation, postponement or Significant Change of the Festival (as defined in clause 4.5), You will be entitled to a refund in accordance with the terms and conditions or refund policy of the authorised ticket agent from whom You purchased the Ticket.   

A "Significant Change" is a change which, in the Promoter’s reasonable opinion, makes the Festival materially different to the Festival which purchasers of the Ticket reasonably expected at the time of purchase. Changes to performance times, Festival Venues, performers and artists shall not be considered a Significant Change. A Significant Change is judged by reference overall theme of the Festival rather than the individual act(s) scheduled to appear. No scheduled acts may be considered as headline acts, regardless of their relative fame or prominence in the billing, and so cancellation by an artist or performer will not entitle You to a refund.

In no circumstances shall the Promoter have any liability (including without limitation, any liability to refund any monies paid for a Ticket) for any cancellation, postponement or alteration to the Festival or Festival Venue as a result of circumstances beyond the control of the Promoter or its suppliers (Force Majeure) - see clause 6for further information.

Where the cancellation takes place part way through the Festival, You may only be entitled to a partial refund of the amount You paid for the Ticket (taking into account the part of the Festival from which you did benefit from).

The Promoter will not have any liability for refunds or compensation relating to any personal arrangements including travel, subsistence and accommodation in relation to the Festival which have been arranged by You and are made at Your own risk.

In order to claim Your refund please contact the authorised ticket agent from which You purchased Your Ticket in writing within 28 days of Your return and refer to their terms and conditions. You must follow all instructions within their terms and conditions, in particular those relating to timeframes, as failure to do so may affect your right to a refund.  Refunds will only be made to the person who purchased the Tickets.

It is Your responsibility to check that the Festival has not been cancelled, postponed or subject to a Significant Change. Information on such matters will be made available on behalf of the Promoter as soon as reasonably practicable on the Website and/or authorised ticket agent’s websites and/or at the relevant Festival Venue. Customers are advised that the Promoter may not always give notice of any cancellation, postponement or a Significant Change due to the circumstances involved and We cannot accept liability for this.

Tickets will not be refunded where they have been used to gain entry to the Festival (except in accordance with clause 4.7), and in no circumstances shall any refund be given where You are able to and choose to attend a postponed Festival.

The Festival

The Promoter, its representatives, agents, subcontractors, or any authorised person at the Festival (including but not limited to the Festival Venue’s security team and the licence holder of any Festival Venue) reserves the right to refuse You admission and/or eject You from the Festival Venue and/or the Festival without any liability for refunds or compensation, for any reason whatsoever, including but not limited to: health and safety, anti social behaviour or licensing reasons; if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Festival or at a Festival Venue; if You use threatening, abusive or insulting words or mannerisms; if You are found to be selling goods and/or trading at the Festival and/or in a Festival Venue without all necessary and valid permits and licences; if in Our reasonable opinion You are acting under the influence of alcohol or drugs; if You fail, when required, to produce proof of identity or age; if You breach these Terms and Conditions; if You are found to be carrying any Prohibited Item; if You refuse to comply with the Promoter’s or Festival Venue’s security searches. 

The Festival Venues and their employees, agents and representatives have the right to conduct security searches from time to and refuse admission to You, or eject You, from the Festival and/or Festival Venue, without any liability for refunds or compensation, should You refuse to comply with such security searches.

The Festival Venue and their employees, agents and representatives have the right to confiscate any item, without liability, which in their reasonable opinion may cause danger or disruption to any other persons at the Festival and/or Festival Venue (including but not limited to) animals; laser pens; fireworks; firecrackers; Your own food and drink; bottles; cans; glass containers; items which may be regarded as weapons; illegal substances, legal highs or any other item which in the reasonable opinion of the Festival Venue or its agents may cause harm or disturbance to either You or the other guests ("Prohibited Items"). Anyone found in possession of illegal substances or contraband goods (including but not limited to any Prohibited Item) will be refused admission to or ejected from the Festival and may also be liable for prosecution. Any items found that may be used in an illegal or offensive manner will be confiscated, regardless of whether or not the item itself is illegal.

You must comply with any and all instructions given to You by Festival and Festival Venue staff.

You cannot bring any video or audio recording equipment or any camera which is over 35mm or with a detachable lens into the Festival Venues. You will not be allowed to enter a Festival Venue if You bring equipment that, at the discretion of our security/staff, infringes on these rules.

Strictly no trading or other commercial activity by any Ticket holder (including photography or filming for a commercial purpose) will be allowed at the Festival or in or outside the Festival Venues without the Promoter’s prior written consent.  If You are found to be selling any items (whether Prohibited Items or not) and/or trading in or outside a Festival Venue or at the Festival without all necessary licences and consents you will be ejected from the Festival and reported to the local police.  If You are ejected from the Festival in accordance with this clause, You shall not be entitled to a refund in any circumstances.

By purchasing a Ticket, You consent to being filmed, photographed and recorded for television, radio, webcast and other public broadcast in any medium and/or for any video or DVD as part of the audience and/or by onsite CCTV cameras and recordings for security purposes, the copyright to which shall be owned by the Promoter or its contractors without payment or compensation.

The Festival Venues have maximum capacity limits and Your entry to a Festival Venue is subject to each Festival Venue’s maximum capacity.  You are advised to arrive at the relevant Festival Venue in sufficient time should You want to watch a particular artist as Your admission to a Festival Venue is not guaranteed.  

The operators of the Festival, the Festival Venues and/or the Promoter may prosecute You if You cause damage to any Festival Venue, the Festival and/or any infrastructure around a Festival Venue, or cause harm to any other person at the Festival.

If before or during the Festival You have a complaint in relation to any aspect of the Festival please contact Us or a member of staff at the Festival to enable Us to resolve Your complaint promptly since complaints are very difficult to deal with after the Festival. Failure to notify Us of a complaint at the time will affect our ability to investigate and resolve the complaint and any subsequent rights You might have under these Terms and Conditions (and those of the authorised agent through which you purchased Your Ticket). If Your complaint doesn’t get resolved to Your satisfaction at the Festival and You wish to pursue Your complaint, please contact the authorised ticket agent through which Your Ticket was purchased in writing and within 28 days of Your return and follow the complaints procedure outlined in their terms and conditions. 

The Festival Venues operate licensed bars and You need to be over the age of 18 to purchase alcohol at the Festival. Please be aware that if we think that You look 25 years or younger You may be asked to provide proof of identification and if You are unable to do so You will not be served alcohol.

WARNING: Excessive exposure to loud music may cause damage to your hearing. Please note that pyrotechnics, lasers, smoke machines, strobe lighting or other special effects may take place during some performances.

There will be no admission to the Festival Venues before the designated opening times on any day of the Festival.

You must observe and comply with safety advice and signage at the Festival Venues. Local rules and regulations apply and should be observed at the Festival and failure to do so may result in ejection from the Festival. 

You must observe and comply with the safety advice, rules and regulations of the Festival Venues at all times.  Failure to do so may result in ejection from the Festival Venue and/or the Festival. 

You shall not bring into the Festival or display or distribute (whether for free or not) at the Festival any sponsorship, promotional or marketing materials.

Anti-social behaviour and illegal activities, including but not limited to the use, supply and/or possession of illegal substances and/or legal highs, are strictly prohibited at the Festival and You will be ejected from or refused entry to the Festival without refund and will be reported to the local police. In the event that You have been ejected from or refused entry to the Festival for any reason whatsoever our liability to You will cease and You will be required to leave the Festival immediately. We will have no further obligations to You. No refunds will be made and we will not pay any expenses or costs incurred as a result of ejection. You may also be required to pay for loss and/or damage caused by your actions. You agree to indemnify Us for any claims (including legal costs) subsequently made against Us as a result of your actions together with all costs We incur in pursuing any claim against You. We cannot be held responsible for the actions or behaviour of other guests or individuals at the Festival.

Our Liability

Sound Malta LLP acts only in its capacity as the promoter of the Festival. We are not responsible for or have any control over any of the Festival Venues making up the Festival. We shall not be liable for the acts or omissions of the operators of any of the Festival Venues; or for any personal injury suffered at the Festival or at a Festival Venue (unless due to the negligent act or omissions of the Promoter); or for any loss, theft or damage to Your property at the Festival or at a Festival Venue (unless due to the negligent act or omissions of the Promoter). The Festival Venues provide their services in accordance with their own terms and conditions.  Some of these terms and conditions may limit or exclude their liability to You.  If you have any complaints or claims as a result of any injury or for any loss, theft or damage to Your property at a Festival Venue, you must send these directly to the Festival Venue. 

We, our servants, agents or representatives shall not in any circumstances be responsible or pay You any compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

·       the act(s) and/or omission(s) of the person(s) affected;

·       the act(s) and/or omission(s) of a third party unconnected with the provision of the Festival and which were unforeseeable or unavoidable; or

·       in any circumstances where there is no breach of a legal duty of care owed by Us or any of our servants, agents or representatives;

·       in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach;

·       to the extent that any increase in any loss or damage results from the breach by You of any of these Terms and Conditions;

·       unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

·       an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

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. For the purposes of these Terms and Conditions, Force Majeure can include, but is not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, wind, rain, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

We shall not be liable to You for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Festival and/or our obligations hereunder including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation, or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.

The Promoter will not have any liability to You whatsoever for loss or expenses incurred in connection with the Festival or any cancellation of the Festival, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Festival or the cancellation of the Festival.

You are expected to have appropriate insurance in place to cover any loss, damage or theft to Your personal possessions or property as well as travel insurance where You have purchased the Ticket with additional travel arrangements. You are advised to claim on this insurance policy in the event of any loss or damage and We will not accept any responsibility for anything which would otherwise be covered by such travel insurance.  

Nothing in these Terms and Conditions shall exclude or purport to exclude liability for death or personal injury as a result of our negligence, or for fraud or fraudulent misrepresentation.

Boat Parties

The Boat Parties take place aboard the Boats. The Boats are operated solely by Captain Morgan Cruises Limited and the Promoter does not accept any liability in relation to the provision (or non-provision) of a Boat Party or any acts or omissions of the operator of the Boat. You accept that there is a heightened level of risk associated with boat parties and You accept personal responsibility for this.  Tickets for the Boat Parties are sold separately to and are not included in the price of a Ticket.  You must purchase a separate Boat Party ticket if you wish to attend a Boat Party and You will be subject to the Boat Party ticket terms and conditions together with any terms and conditions of Captain Morgan Cruises Limited.

Merchandise

Official merchandise is available to purchase inside the Festival Venues and their surrounding perimeters.  Do not purchaser good from unofficial vendors.

Travel Arrangements

Travel arrangements such as accommodation, airport transfers and a shuttle bus service are available to be purchased for your stay in Malta. Please note that these travel arrangements are not provided by the Promoter and we have no liability to You for these services, including where these travel arrangements are affected by any cancellation, amendment or postponement to the Festival for any reason whatsoever. In these circumstances You should contact the company through which you booked your travel arrangements and their terms and conditions shall apply. 

Data Protection

To the extent permitted by law and with Your consent, personal information provided by You to the Promoter will be used for all purposes reasonably connected with the provision of the Festival and the operations of the Promoter. The Promoter may also from time to time contact you with information about special offers, brochures, new products, forthcoming events or competitions. The Promoter may also pass your details to other parties who offer goods or services which we feel may be of interest to you. If You have any queries about this, please write to Sound Malta LLP of 1-5 Springfield Mount, Leeds, LS2 9NG. You will be given the opportunity to unsubscribe from such marketing communications when You place Your order and You can unsubscribe from any email communications You receive from the Promoter by following the unsubscribe link.

We have taken all reasonable steps to have appropriate security measures in place to protect your information. The transmission of information via the internet is never completely secure. We exclude our liability for personal data lost in transmission to the website.

You are generally entitled to ask Us (by letter or e-mail) what details of Yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. 

Governing Law & Jurisdiction

These Festival Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

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