Terms and conditions for use of website, online and box office ticket sales
1.1 In these terms and conditions the following words shall have the meanings set out below:-
“Booking Form” means the page for the booking of tickets as set out on the theatres website.
“Theatre” means the Regal Cinema Theatre, Youghal, Cork
“Contract” means any contract for the purchase of tickets made between you and the theatre
“Confirmation” means the confirmatory screen that appears when you make your booking online and that you are prompted
to print out which sets out:-
(i) Your booking reference;
(ii) Details of all tickets purchased, including the name of the production, date, seat number and position; and
(iii) The contract price
“Tickets” means tickets offered for sale via the theatre for attending live, stage performances of a theatrical nature
and films in the theatres auditorium or grounds
1.2 The headings in these terms and conditions are for convenience only and shall not affect their interpretation
2. OUR CONTRACT WITH YOU
2.1 These terms and conditions govern all contracts
2.2 Your contract with theatre will be concluded as follows:-
2.2.1 Completion of the booking form (including, for the avoidance of doubt, the provision of your credit or debit card details) shall constitute an offer by you to purchase tickets subject to these terms and conditions.
2.2.2 Upon electronic receipt of the booking form, the theatre will check that you have correctly completed all parts of the booking form and confirm that you have sufficient funds to cover the total cost of the booking. Upon confirmation of these details, the theatre will then charge your credit or debit card accordingly and a confirmation will appear on the booking screen which shall constitute its acceptance of your booking. You will also receive confirmation by email. If the theatre receives a prompt notification that the confirmation was not delivered successfully, then the theatre will use reasonableendeavours to notify you of your booking by other means.
2.3 The prices and availability tickets are specified on the theatres website. These details are based on the best available information and the theatre is not obliged to conclude any contract on these terms.
2.4 You are entirely responsible for entering your details correctly on the booking form. You warrant that all details supplied by you are true and accurate. If there are any changes to your details once your booking is concluded, then it is your responsibility to inform the theatre.
2.5 Where a person makes a booking on behalf of a party, that person accepts these terms and conditions on behalf of all members of the party and is responsible for all payments due from the party.
2.6 Booking services with the theatre are only available for persons who are at least 18 (eighteen years) of age. By submitting a booking form you warrant and confirm to the theatre that you comply with those arrangements.
2.7 The theatre restricts the number of tickets available to book online to 10(ten). Group bookings are made through the group’s coordinator. There is no limit to the number of tickets available to book by telephone, or in person, subject to availability.
2.8 It is your responsibility to check that the details on the tickets issued to you are accurate. The theatre cannot take responsibility for errors with your booking
2.9 Tickets cannot be refunded once purchased.
2.10 Please be aware that late comers may not be admitted and that the management reserves the right to refuse admission.
2.11 The theatre reserves the right to cancel or make essential changes to performances without notice. In the case of cancellations, tickets may be exchanged or refunded from the original point of sale.
2.12 Ticket holders enter the theatre at their own risk and are solely responsible for their belongings.
The price of all tickets is displayed on the theatres website but do not include any applicable payment processing fees and booking fees. All prices are inclusive of any applicable VAT.
4. TERMS OF PAYMENT
4.1 All tickets must be paid for in full at the time of booking including all applicable delivery charges such as postage.
4.2 If the tickets are being paid for in person with a third party credit/debit card you must provide the theatre with written authorisation from the card holder.
5.1 The theatre shall use its best endeavours to post all tickets to you (or to the billing address of the credit/debit card holder (if they are not one and the same) within 7 days of making a booking if you are resident on the island of Ireland. Should you wish to do so (and if you are not resident on the Island of Ireland) you may collect your tickets from the theatre by indicating this on the booking form. If you are not resident in the Island of Ireland, the theatre will hold your tickets for you to collect prior to the performance.
5.2 Tickets will be posted to you by ordinary post if you live within the Island of Ireland. The theatre will not however, accept any responsibility for documents mislaid or lost by An Post or any other mail delivery service provider.
5.3 If you book tickets for a production which will take place within 7 days of the date of the booking, your tickets must be collected by you from the theatre.
6. ALTERATIONS AND CANCELLATIONS
6.1 The theatre does not permit tickets to be refunded after purchase, except where a performance has been cancelled or abandoned and when less than half the performance has taken place. Where monies are refunded, such refunds are limited to the face value of the tickets purchased.
6.2 Tickets may be exchanged for later performances subject to availability provided that you give the theatre sufficient notice.
6.3 All tickets are sold subject to the theatres right to make any alterations in the cast, programme or arrangements advertised on the theatres website orelsewhere which are rendered necessary by an unavoidable cause.
7. LIABILITIES OF THE THEATRE
7.1 Subject to clause 7.3 below, the theatre will only be liable to you for direct
losses arising as a result of:-
(i) A breach of these terms and conditions by the theatre; and
(ii) Any fraudulent statement or negligent act by the theatre arising under or in connection with the contract.
7.2 The theatres total liability under clause 7.1 above shall be limited to the total face value of the tickets.
7.3 Nothing in this clause 7 or these terms and conditions excludes or limits the liability of the theatre for death or personal injury caused by the theatres negligence or fraudulent misrepresentation.
7.4 The theatre will not be liable in any way if an event or performance is abandoned after more than half of it has taken place due to any factors which are beyond the theatres reasonable control. Without limited the foregoing, the following shall be regarded as causes beyond the theatres reasonable control:-
(i) Acts of God which includes earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost.
(ii) Force majeure which includes war, actions, acts of public enemies, strikes, embargos, perils of the air, local disputes and civil commotions.
(iii) Power failure and the failure of sound or lighting equipment.
7.5 The theatre will also not be liable for any losses incurred by you in connection with your use of the theatres website, for any delays in using or your inability to use the website for any information or tickets obtained through the website or for any material posted to the website by the theatre or by users of the website.
8. WEBSITE USE
8.1 The theatres website is for your own personal and non commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create, derivative works from, transfer or sell any information obtained from this website.
8.2 All contents of this website, including any software are protected by intellectual property rights and other related rights. No part of this website may be reproduced in any form, electronically or otherwise, without the prior consent of the theatre, other than temporarily in the course of using the theatres booking service.
8.3 You are not permitted to link to or use all or any part of the theatres website for any reason which is unlawful, defamatory, harmful, obscene or objectionable and in particular, you are not permitted to transmit anything which, in the theatres opinion, harms its business or in any way offends other users or persons.
8.4 You are also not permitted to alter the theatres website in any way or post onto or to transmit to the theatres website, any material containing software viruses or files which may damage or disrupt the good working order of computer or telecommunications equipment.
8.5 The theatre reserves the right to refuse or remove anything which is transmitted via or posted on the theatres website and which, in the theatres opinion, is objectionable or does not comply with these terms and conditions. The theatre will not in any way be liable for such actions.
8.6 The theatre may record, preserve, trace and disclose anything which has been transmitted to, from or via the theatres website, where required by law or where the theatre is acting in good faith.
9. DATA PROTECTION
9.1 The Policy – The purpose of this policy document is to provide concise information regarding the Data Protection obligations of the theatre, when dealing with personal data of its employees, visitors, patrons, business partners and service providers. The theatre is committed to adhering to the requirements of the General Data Protection Regulations (GDPR) and other relevant legislation that governs obtaining storage and disposal of personal data as defined by European and Irish legislation. The theatre makes no distinction between its employees and those who are not and acknowledges all rights of data subjects and entities and commits to treating all equally under this policy. The scope of this policy covers both personal and personal sensitive data and may be provided by individuals or entities or is obtained during the course of its business that relates to data subjects and is managed or stored electronically or in a manual data filing system. All personal data and sense of personal information will be treated with care and retained securely. The theatre is committed to ensuring that all personal data held by the theatre is accurate, relevant and is retained no longer than is permitted by the original permissions under which it was provided and in any case in compliance with the data protection regulations. Personal data will be security controlled within the organisation and will not be shared with third parties, unless you have consented to this at the time of providing the data or where data is processed on behalf of the theatre by a third party organisation on its behalf that in each case there is a formal written contract with the processor outlining their obligations in relation to the personal data, the specific purpose of which they are engaged and the agreement that they will process the data on behalf of the theatre in compliance with the European and Irish Data Protection Regulations.
9.2 The Theatre Data Controller – During the course of the theatres operational activities the theatre may acquire, process and store personal data in relation to employees, visitors and users, commercial clients and activities of the theatre and third party service providers. This policy identifies that during the course of the theatres activities, personal data will be provided to the theatre for use solely for the purpose that it was provided. The theatre is committed to ensuring that all staff are made aware of the guidelines under the Data Protection Regulations and on how personal data must be managed and to be able to identify where a data protection issue may arise that could be contrary to the regulations. Should an issue be identified all staff are instructed to notify and seek advice from the Theatre Director so that personal data is dealt with correctly and/or appropriate corrective action is taken.
9.3 Data Storage – When you give your personal details to the theatre, as an organisation we are committed to keeping these details private, safe and in a secure data storage system. The theatre is committed to ensuring that all personal data and non-personal data is securely stored and managed using the best technology available to it as required by the data protection regulations.
The security and capability of the data storage system will be reviewed and integrity tested on a regular basis.
9.4 Data Breach or Data Loss – The theatre is committed to complying with the data protection regulations and all recommendations set by the Data Protection Commissioner. As Data Controller, in the event of any loss or breach of security, or protocols which relate to a subject’s data being compromised the theatre undertakes to:-
(i) Notify the data subject of any incident where their data may be lost or compromised.
(ii) Report the loss/compromise to the Data Protection Commissioner immediately.
(iii) Take all steps necessary to recover/erase the data and commence full investigation as directed by the Data Protection Commissioner.
(iv) Conduct an open and transparent investigation in accordance with its policy.
(v) Ascertain the nature of the data that has been exposed/compromised and the level of sensitivity of this data.
(vi) Where the data subject’s express a particular concern with regard to the threat to their personal data, consideration will also be given to advise the relevant authorities such as An Garda Siochana to include making a report pursuant to Section 19 of the Criminal Justice Act, 2011 where applicable.
(vii) The theatre will seek to contain the matter and mitigate any further exposure of the personal data held. Depending on the nature of the threat to the personal data, this may involve quarantine of some or all P.C’s, networks etc and requesting their staff to not access P.C’s, networks etc. Similarly it may involve a quarantine of manual records, storage areas and other areas as may be appropriate.
9.5 Data Subjects, Access Requests – You have the right to data protection when your details or personal data is stored on a computer or other digital format, held on paper, or other manual form as part of a filing system, made up of photographs or video recordings of your image or recording of your voice and you have the right to ensure that the information theatre manages or is stored about you is factually correct, only available to those who should have it. That it is protected and access to the data restricted and only used for stated purposes. The theatre cannot share your data without your permission. You can ask for a copy of all your personal details held by the theatre on a computer or in manual format by writing to the theatre director. You should also be informed of and give the chance to object to, any decisions about you that are automatically generated by computer without any human involvement. If the theatre is legally retaining data about you that is not factually correct, you may ask us to change or, in some cases, remove these details. Similarly if you feel that the theatre does not have a valid reason for holding your personal data or that they/we have taken these details in and unfair way, or they are being used in a manner that is exceeding the reasons for which they were obtained or retained, then you can also ask us to change or remove the data. In both cases, you can write to the theatre director, explaining your concerns and outlining what data is incorrect. You should apply in writing to the theatre director at 15 Friar Street, Youghal, in the County of Cork. The written request for the information can be by postal letter, email or a letter handed into theatre but it must be in writing.
9.6 The theatre may use its best endeavour to comply with the General Data Protection Regulations (GDPR) and the Data Protection Acts, 1988 and 2003 and will abide by the 7 key principles outlined by the Office of the Data Protection Commissioner which regulate the purchasing of personal data being:-
(i) Lawful, fair and transparent processing.
(ii) Specified and lawful purpose.
(iii) Minimisation of processing.
(v) Storage limitation or retention.
(vi) Security and confidentiality; and
(vii) Liability and accountability.
9.7 Law – Under Section 3 of the Data Protection Acts, you have the right to find out, free of charge if a person (individual or organisation) holds information about you. You also have a right to be given a description of the information and to be told the purpose (s) for holding your information. You may make the request in writing. The theatre must send you this information within 21 days. Should you wish to make a complaint, you simply write or email the Data Protection Commissioner explaining the request and you will obtain all necessary contact details from www.dataprotection.ie.
10. ENTIRE AGREEMENT
It is the intention of the theatre that all terms of the contract between the theatre and you are contained in these Terms and Conditions. If you wish to rely on any variation of these terms, you must ensure that such variation is in writing and signed by you and on behalf of the theatre before any contract is made.
If any part of these Terms and Conditions are not enforceable then this will not affect the enforceability of any other part.
12. SAFETY AND ENJOYMENT
12.1 The theatre reserves the right to refuse admission and may request to leave (take any such appropriate action which may be necessary to enforce this right) before or during performances if it is necessary to do so. The theatre may also, on certain occasions, have to conduct security searches to ensure your safety.
12.2 Cameras and recording equipment are not allowed in the auditorium and their use is strictly forbidden within the auditorium.
12.3 Mobile phones (including mobile phone cameras) pagers and watch alarms must be switched off before entering the auditorium.
12.4 You must be in possession of a valid ticket.
12.5 No babies or children under the age of 3 will be admitted unless the production is specifically advertised for this age group.
12.6 Strobe lighting, smoke effects and loud noises are sometimes used in
productions. We will endeavour to give advanced warning if any such effects are to be used.
12.7 The theatre may, or any permitted third parties, may carry out general filming and sound recording in or about the venue. By purchasing tickets you consent to you and your party being included in and to the exploitation of such films and records without payment.
13. GOVERNING LAW
These Terms and Conditions and the contract concluded incorporating these terms and conditions shall be governed by the laws of the Republic of Ireland.