Terms & Conditions

/Terms & Conditions
Terms & Conditions 2018-11-12T21:31:42+00:00

DIANI BEACH FESTIVAL

TICKET TERMS & CONDITIONS

Ticket Terms and Conditions for Diani Beach Festival

  1. THE AGREEMENT
  • This Agreement sets out the complete Terms and Conditions (hereinafter called “these Terms and Conditions”) which shall be applicable to the Diani Beach Festival ticketing
  • These Terms and Conditions and any amendments or variations thereto take effect on their date of which they are published on our website.
  • The Customer accepts and acknowledges that this is a legal and binding agreement between the Diani Beach Festival promoters, Organizers and the Ticket holder (s).
  • These Terms and Conditions incorporate, and should be read in accordance with, any Promoter and/or authorised ticket agent terms and conditions, copies of which are available upon request from the Promoter and/or authorised ticket agent. In the event of any inconsistency between these Terms and Conditions, and the terms and conditions of the Promoter and/or authorised ticket agent, these Terms and Conditions shall prevail.

 

  1. DEFINITION
  • “Event” means Diani Beach Festival.
  • “Force Majeure” means any event beyond Promoter’s control including, without limitation to an act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defense requirements, acts or regulations of national or local governments.
  • “Promoter” means DCB Management Limited its subsidiaries, holding companies, any subsidiaries of its holding company and its agents, contractors, sub-contractors, representatives, servants and employees.
  • “Terms and Conditions” means these terms and conditions.
  • “Ticket” means any ticket (whether a hard copy ticket or an e-ticket) evidencing a personal revocable license from us allowing an individual to attend the Festival and access the Venue in accordance with the details indicated thereon
  • “Ticket Holder” means an actual purchaser of a ticket.
  • “Venue” means the site within Alliance Safari Hotel, Diani Beach road, Diani, Ukunda, Kenya in which the Event takes place or such other site on which the Event may take place from time to time.
  • “Cashless card” means a card embedded with a Radio Frequency Identification technology (RFID) that allows you t make purchases once topped up with credit for use at the event.
  • “Ticket” means any valid ticket which permits ‘you’ to attend the Event or any valid wristband for which you have exchanged your valid ticket at the Event.
  • “Cashless Card” means any valid Cashless Card given to a Ticket older in exchange for their Ticket at the Event
  • “You” means you as the holder of the Ticket and “Your” shall be read accordingly.

 

  1. ACCEPTANCE OF THE TERMS AND CONDITIONS

 

  • Tickets are issued subject to these terms and conditions contained herein read together with the those on the RFID Cashless Card, as well as those published by the Festival Site and/or Ticket Agents on their respective websites (“the Terms and Conditions”). Please read these Terms and Conditions carefully prior to purchase and raise any queries with the Promoter prior to purchase.
  • Purchaser of any Ticket constitutes acceptance of the Terms and Conditions on Your behalf and on behalf of any person for whom You are purchasing Tickets for.
  • In the event of any inconsistencies between these Terms and Conditions and those of the Venue or the Ticket Agents, these Terms and Conditions stated on the website shall prevail.
  1. ADMISSION AND ACCESS TO THE FESTIVAL SITE

 

  • Only persons holding a valid Ticket and valid proof of identity when entering the festival site will be admitted to the Festival Site.
  • Ticket holders will receive a Wristband and a Cashless Card in exchange for the ticket when entering the Festival site. The Wristband must be worn around the wrist for the entire duration of the Festival and must be presented at the first request of any employees of the Festival Organizers and/or Promoters, security staff, police or any other competent authority.
  • Admission to an Area will be subject to the purchase of an appropriate kind of Ticket that grants a right to admission to that area and being issued with corresponding Wristband that grants a right to admission to that area. For avoidance of doubt, a VIP Wristband will grant the holder the right to access VIP arenas and services while a VVIP Wristband shall grant the holder to VVIP arenas and services.
  • Without prejudice to clause 4.1 above, all persons attending the festival who are under the age of 18 must be accompanied by a parent or guardian who is over the age of 18. A parent or guardian cannot have more than four under 18-year old under their care.

 

  • There will be no admission to the Event before the designated opening times on any day of the Festival.
  • You may only leave and then re-enter the Festival venue if you have a valid wristband. Otherwise there shall be no re-admissions or pass-outs of any kind.
  • You acknowledge that there may be restricted capacities at some of the Festival site venues. Once the maximum capacity is reached in these areas there will be no further admissions. Your purchase of a Festival Ticket does not guarantee admission to these areas in the event the maximum capacity is attained or in the reasonable opinion of the Promoter Your admission to the festival site might be a risk to the safety of the audience and/or affect the enjoyment of the audience and/or the running of the festival, for example, if someone appears to be under the influence of drink and/or drugs and/or is acting aggressively.

 

  • The Promoter and/or the Promoter’s employees, security reserves the right to refuse You entry to and/or eject You from the Event for any circumstances including and without limitation for health and safety or licensing reasons:
    1. if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Festival;
    2. if You use threatening, abusive or insulting words or mannerisms;
    3. if, in the Promoter’s reasonable opinion, You are acting under the influence of alcohol or drugs;
    4. if You fail, when required, to produce proof of identity or age;
    5. if You refuse to comply with the Promoter’s security searches both of Your person or Your Vehicle;
    6. if you bring any glass or alcohol or other restricted articles onto the Festival site,
    7. if breach any further implemented Terms and Conditions displayed at the venue;
    8. if You breach these Terms; or if Your Ticket is void.

 

  1. TERMS OF PURCHASE AND SALE OF TICKETS
  • The promoter offers 4 tier levels of tickets namely, Standard, Complimentary, VIP and VVIP Tickets.
  • Without prejudice to Clause 4.3 above, You will be granted access to different parts of the festival corresponding to the tier of your Ticket.
  • A holder of a Standard Ticket may be upgraded to the next tier level depending on the amount spent at the Festival.
  • To upgrade a ticket to VIP a ticket holder must spend a total of Kshs. 50,000/- by purchasing goods and services through the Cashless Card Payment System provided at the entrance. To upgrade to VVIP tier, a Ticket holder must spend Kshs. 100,000/- through purchase of goods and services through the Cashless card payment system availed at the Festival. Please click here to access the terms and conditions for the use of our Cashless Card.
  • Tickets are sold subject to the Promoter’s right to alter or vary the advertised event programme which may result in changes to the performance line up or any other aspect of the Festival.
  • The Prompter reserves all rights to revise the ticket price without prior notice.
  • The Promoter reserves the right to sell personalized barcoded tickets with each barcode being unique to each purchaser to only allow one entry to the Festival Site. The Promoter and/ or its agents or employees are entitled to verify the identity of the holder of the ticket in order to establish that the holder is the valid owner of the ticket.
  • Purchaser or 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.
  • Tickets may be restricted to a maximum number per person. Any such restriction will be notified to You at the time of purchase. Tickets purchased in excess of this limit may be cancelled by the Promoter without prior notice, unless Your purchase of an excess was due to Promoter’s error.
  • A ticket once purchased is irrevocable and the customer cannot purport to return the ticket for refund. The holder of a ticket can however return a ticket at the point of sale for rectification of material errors that would otherwise render the holder of the ticket inadmissible to the festival.
  • Your Ticket may be invalidated if any part of it is removed, altered or defaced.
  • The Promoter will not be responsible for any Ticket that is lost, stolen or destroyed. You are solely responsible for the safe keeping of Your ticket. In the event that the Promoter receives a request to provide a replacement ticket, the organization has the right to decline such a request or in the event it accepts to such a request, it shall charge a reasonable administration fee.
  • Tickets are personal revocable licenses and shall at all times remain the property of the Promoter and subject to these Terms and Conditions. You may not re-sell or transfer a Ticket. If a Ticket is re-sold, transferred or advertised for profit or commercial gain or used for competitions, promotions or hospitality packages by anyone other than the Promoter, or an authorised sub-agent, it will be void and You will be refused entry to, or ejected from, the Festival site without refund.
  • Tickets bought from unauthorized agents are invalid and admission will not be granted to the Event with any such Tickets. A full list of authorised agents is available in the ticketing section of the Event website.
  • Tickets obtained in breach of these Terms and Conditions shall be void and the Promoter may refuse admission to, or eject You from the Venue. Any person seeking to use a void Ticket in order to gain or provide entry to the Festival site will be considered a trespasser and will be ejected and liable to legal action.

 

  1. REFUNDS
  • Ticket price cannot be refunded unless the Event is cancelled.
  • In the event that the Festival is cancelled You will be entitled to claim a refund from the Promoter in accordance with this clause.
  • The refund for Tickets due to cancellation of the Festival shall be equal to the face value of the Ticket purchased but excludes any booking or transaction fees, personal arrangements including travel, subsistence and accommodation relating to the Event which have been arranged by You are at Your own risk. The Promoter shall not be liable for any loss of enjoyment or wasted expenditure beyond the Ticket price.
  • All claims for a refund as a result of cancelled events shall be made in writing to an email provided on our website. The claim shall be addressed to the point of sale where the ticket was obtained, enclosing your complete unused Ticket (s).
  • A claim for a refund must be done within 72 hours after cancellation of an event and failure which You will be deemed to have waived your right to a refund.
  • The Promoter and/or the point of sale will not make any refund if Ticket (s) and/or the relevant notification are not received by the point of sale within the timeframes provided under clause 6.5 above.
  • A claim for a refund can only be made by the person who purchased the Ticket (s) and refunds will only be made to the person who purchased the Ticket (s).

 

  1. PURCHASE OF GOODS AND SERVICES AT THE EVENT
    • The Festival will be a cashless event. You will only be able to pay for goods and services at the Festival site using a Card embedded with an RFID chip. You will require your Wristband to access the Festival and certain areas within the Event.
    • Your Cashless card will be operated by us via platform provided by……………………having it registered offices at………………………………and will be issued to you at the entrance of the event when you handover a valid ticket. In the event that you are granted access to the Festival without a Ticket, we may issue you with a Wristband at our sole discretion.
    • Please read the terms and conditions for the use of the RFID cashless Card at the Diani Beach Festival by clicking here …………………………………………..

 

  1. CANCELLATION OR RELOCATION OF THE EVENT
    • The Promoters of the Festival reserves the right to move the Festival to a different date or to another location or even cancel the event in case of force majeure.
    • In the event of cancellation of an event, the holder of a ticket may claim for a refund from the Promoter as outlined under clause 6 above.

 

  1. LIABILITY
    • Neither the Promoter, its Employees, Agents or the Owners of the Festival Site shall be responsible or liable for any damage resulting from cancellation, changes or deviation (in the content of) the programme of the Festival nor for any changes on any other basis which as a result directly or indirectly from the acts or omissions of the Promoter, the Festival Site Owner, the Promoter and/or the Festival Site Owner’s Employees, Agents or any third parties.
    • The ticket holder completely indemnifies the Promoter, the Promoter’s Agents, Employees from any damage that may result from prolonged exposure to loud noise/music and bright light.
    • You agree that the Venue, Promoter, their servants, employees or agents will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused (including by the Venue, Promoter or their servants or agents).
    • The Promoter 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.

 

  1. PRIVACY AND PERSONAL DATA
    • By attending the Festival, you expressly consent to Your actual or simulated likeness to be included within any film, photograph, audio and/or audio-visual recording to be exploited in any and any media for any purpose at any time in any part of the world. This includes filming by the police or security staff that may be carried out for the security of other Festival attendees.
    • Except to the extent that the Promoter is required or permitted by law, personal information provided by You to the Promoter will be used for all purposes reasonably connected with the operations of the Event including (but not limited to):
  2. providing You with updates as to the latest concessions or any changes thereto and information concerning competitions and other promotional activity;
  3. providing You with details of forthcoming connected events, offers and services;
  4. supplying You with the goods that You request;
  5. conducting market research and establishing customer profiles; and transferring or disclosing the information provided to the Promoter’s professional advisors and such other parties as it considers necessary in the administration of its business.
  6. The Promoter will not use or disclose Your personal information other than as set out in these Terms and Conditions without Your prior consent.
    • By purchasing a Ticket or Tickets You expressly consent to the use of Your personal information in manners provided under this terms and conditions.

 

 

  1. SECURITY, SAFETY & PROHIBITED SUBSTANCES
    • The Promoter reserves the right to conduct security searches and confiscate any item which in the opinion of the Promoter may cause danger or disruption to other persons at the Event or is one of the items not permitted in the Venue as listed in these Terms and Conditions.
    • Anyone found in possession of illegal substances or contraband goods will be refused admission or ejected from the Venue and may also be liable for prosecution.
    • DBC Management Ltd and the Alliance Safari Beach hotel operate a zero-tolerance policy towards illegal drugs, anti-social behaviour and violence of any kind. It is the Venue policy to prosecute all such offences and evict any person found in possession of such illegal substance.
    • The Event is a glass free zone. Any glass bottles or object shall be confiscated on arrival.
    • No food and/or drink (whether alcoholic or not) can be brought into the Venue. There are a large number of stalls that sell food and drink at the Event.
    • You shall not bring all or any of the following into the Venue:
  2. fireworks,
  3. laser pens,
  4. laser equipment,
  5. animals (except guide dogs),
  6. Food and drink purchased outside the venue,
  7. bottles, cans or glass containers,
  8. or any item which the Promoter considers could be used as a weapon (including sharp or pointed objects such as knives), and illegal substances.

 

  • The Promoter and/ or the Promoter’s agents, servants or employees shall be entitled to confiscate any merchandise purchased outside the Venue.
  • All persons admitted to the venue must observe and comply with safety advice, site signage and ‘No Smoking’ areas. In accordance with Smoke Free Regulations, the tented arenas and other areas of the festival are designated No Smoking areas. In addition, all persons must observe the daily operational rules and regulations of the Venue which failure to do shall result to ejection from the event.
  • You shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.
  • Anti-social behavior and illegal activities will not be tolerated and you will be ejected from the event without refund.

 

  1. MISCELLANEOUS
    • To the fullest extent permissible in law, the Promoter shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions.
    • If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms and Conditions valid or enforceable.
    • If the Venue, Promoter delays or fails to enforce any of these Terms and Conditions it shall not mean that the Promoter has waived its right to do so.
    • Any person, other than the Promoter, who is not a party to these Terms and Conditions shall have no rights under the Contracts Act Cap 23 of the Laws of Kenya to enforce any term of these Terms and Conditions.
    • Nothing in these Terms and Conditions and no action taken by You or the Promoter under these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other fiduciary relationship between You and the Promoter.
    • These Terms and Conditions constitute the entire agreement between the parties in connection to the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between You and the Promoter relating to the subject matter of these Terms and Conditions. However, nothing in these Terms and Conditions shall purport to exclude liability for fraud or fraudulent misrepresentation. These Terms and Conditions cannot be varied or amended in any respect (unless agreed between You and the Promoter in writing).

 

  1. DISPUTE RESOLUTION & GOVERNING LAW
    • You may contact the Contact Centre to report any disputes, claims or loan discrepancies.
    • Any dispute arising out of or in connection with this Agreement that is not resolved by the Customer Care Centre representatives within thirty days from the date when the complaint is lodged then the dispute referred in clause 12.1 above shall be referred to Arbitration to be determined by a single arbitrator to be appointed by agreement between the parties or in default of such agreement within 60 days of the notification of a dispute, upon the application of either party, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch).  Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act 1995.
    • To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties.
    • This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.