THE FALLS MUSIC & ARTS FESTIVAL TERMS & CONDITIONS: 2016-2017
The terms and conditions set out below shall constitute a binding contract between Ash Sounds Pty Ltd trading as The Falls Music and Arts Festival, ABN 67 160 0189 152, PO Box 184, Lorne, VIC 3232 (the "Promoter") and the individual holding or using a ticket ("Ticket Holder") in relation to the event known as The Falls Music and Arts Festival held at Lorne in Victoria, Marion Bay in Tasmania, Byron in New South Wales and Fremantle in Western Australia (collectively referred to as the "Event"). All terms and conditions set out below (the "Event Terms ") are to be read together with the Merchant Terms and Conditions as made available on the Ticket Purchase web site (the "Merchant Terms").
1. Entry to and attendance at the Event is in accordance with these Event Terms, the Merchant Terms and any other festival rules viewable at www.fallsfestival.com, displayed at the Event or communicated by the Promoter from time to time in any other format.
2. You must have a valid Festival ticket to enter the event entertainment precinct, and you must have a valid camping ticket to enter the campgrounds.
3. The Promoter reserves the right to refuse entry or evict any person who does not comply with the Event Terms or Ticket Terms, the festival rules or engages in an illegal activity or activity deemed in the Promoter's sole discretion to be antisocial.
4. Vehicles entering the campground or car park must display a Vehicle Entry Pass pre-purchased from the Events website. The Pass must be displayed as per terms and conditions printed on the pass or as detailed on the Events website.
5. As part of the Falls Festival liquor licensing regulations, patrons are strictly prohibited from bringing alcohol onsite or into the event (including camping areas). The festival will be searching all vehicles and bags on arrival and ejecting patrons who are found with alcohol; refunds for ejected patrons will not be issued. Alcohol will be available to purchase at the event.
6. Tickets must be treated like cash. Tickets are not refundable and will not be replaced or refunded if lost, stolen or damaged, except as required by law or as otherwise specified by these Event Terms, the Ticket Terms or by the Promoter from time to time. Damaged or defaced tickets will not be accepted. Do not share your ticket barcode with anyone else or you may be denied entry. Tickets purchased from a source other than the official ticket merchant will not be honoured at the event.
7. The Promoter reserves the right to change the Event line-up, date or venue without prior notification. Subject to this clause 6, the Promoter is not liable for any loss, damage or compensation as a result of the Event being cancelled, postponed, relocated or changed for whatever reason. If the Event is cancelled in whole or in part by Act Of God or act of war or industrial dispute or for any event outside of the control of the Promoter then refunds shall be at the Promoters absolute discretion. If the event is cancelled for any other reason, the Promoter will refund to the Ticket Holder the ticket price (excluding booking fees, processing surcharge, delivery or mail fees) upon request by the Ticket Holder to Oztix within 4 weeks after the cancellation, provided that the original ticket(s) and proof of purchase are presented. Tickets bought from a Retail shop must be returned to the place of purchase to apply for a refund.
8. The sale or attempted re-sale of a ticket by the Ticket Holder (including via on-line auction sites) without the prior consent of the Promoter is prohibited. If a ticket is sold or used in breach of this clause, the Promoter retains the right to: cancel the ticket without a refund, refuse entry to or eject the Ticket Holder from the Event and commence legal proceedings. Should Promoter offer a resale facility this will be the only legitimate way to on-sell any unwanted tickets. Use of tickets for or in conjunction with any advertising, promotion, marketing or competition is prohibited.
9. The Event (and variations) is a registered trademark and protected by law. The name, logo, images, tickets or other works associated with the Event cannot be used in any way (including promotions, advertising and ticket giveaways or in any way to enhance the demand for other goods or services) unless authorized by the Promoter.
10. Age Restrictions that apply to the Falls Festival events are:
a. The Lorne Event is strictly 18+. No Children Under 18 are allowed, no exceptions.
b. The Byron Event is strictly 18+. No Children Under 18 are allowed, no exceptions.
c. The Fremantle Event is strictly 18+. No Children Under 18 are allowed, no exceptions.
d. The Marion Bay Event is all ages and children 12 years and under will be admitted free of charge. Children and Ticket Holders under 18 years of age must be accompanied by a ticket holding parent, adult legal guardian or adult eligible carer at all times. People other than a parent or legal guardian can be an eligible carer if the child (U18 ticketholder) is in the person's care with the written consent of the parent or legal guardian. Carer's should keep a copy of the written consent on their person to provide verification of consent.
11. The Ticket Holder must comply with the law at all times during the Event. Proof of age identification is required to buy and consume alcohol and may be requested at any time. All Ticket Holders will be required to present proof of age ID to enter the Lorne, Byron and Fremantle Events.
12. Purchasing alcohol for a minor is illegal. Underage drinkers, excessive drinkers, illegal drug users or patrons displaying antisocial behaviour may be ejected from the Event or be dealt with by police. Uniform and undercover police will be in attendance.
13. Please refer to www.fallsfestival.com for full operating hours and entry times for each event. Designated drivers must ensure they are under the legal Blood Alcohol Concentration limit and safe to drive. We recommend you consider how much alcohol you consume the night before as your BAC takes time to reduce. Look for breath testing facilities on site to check you are under the limit before driving.
14. There are no vehicle pass outs from camping grounds during the Event. Vehicles must be parked in approved areas and drivers must follow the direction of event staff. Cars parked in unauthorised areas surrounding the Event site may receive a fine and be towed away. Local council by-laws prohibit camping on public land and the consumption of alcohol and sleeping in cars on public land. Check www.fallsfestival.com for transport, parking and directions.
15. Patrons must not cause damage to, improperly use or tamper with any public facility or festival infrastructure, or cause any damage to flora and fauna on or surrounding the venue or enter any onsite bodies of water. Nor must they remove or attempt to remove any item or object from the venue or surrounding area.
16. The following items cannot be brought on to the Event site: animals (with the exception of registered guide dogs), alcohol, glass, illegal substances, flares, fireworks, sparklers, explosives, BBQs, gas bottles, large furniture items, professional sound systems, umbrellas, knives, anything that could be used as a weapon. Ticket Holders and their property may be searched for prohibited items upon entry to or during the Event. Ticket Holders found with prohibited items or who refuse to make their clothes, bags, containers, vehicles or other possessions available for search by the Promoter, may be refused entry to the Event, ejected or have the prohibited items confiscated. Confiscated items will not be returned, replaced or reimbursed and proceeds from confiscated items will be donated to charity. For a full list of banned items, please visit www.fallsfestival.com
17. Camping space is limited and large campsites (in the sole opinion of the Promoter) are not permitted. You may be asked to reduce the site of your camping set up if it is deemed too large. Your tent and camping equipment must only be set up in an approved camping area and you must follow the direction of event staff. You may not choose your campsite, your campsite may not be located near your car. At some Falls Events the campsites may be located on the festival site or elsewhere offsite. Your camping ticket does not specify the location of your campsite. If you wish to camp with friends who are also camping ticket holders, you must arrive together and set up camp together. Tickets sold for Falls Festival allow camping in an approved Falls Festival campsite only for the days your ticket is valid.
18. Tickets MUST be exchanged for a wristband once on site. Wristbands that are removed from wrists or tampered with will be rendered invalid and will not be replaced. Anyone found on site without a valid wristband will be deemed to have trespassed and will be handed over to the Police.
19. The Event site is an area of TOTAL FIRE BAN. Patrons detected using flame including but not limited to camp fires, gas bottles, flares, sparklers or fireworks may be fined up to $5000 by the Tasmanian Fire Service (TAS), Country Fire Authority (VIC) Rural Fire Service (NSW) Department of Fire & Emergency Services (WA) and ejected from the Event.
20. Audio or visual recordings of the Event and performers are prohibited. Still cameras (not professional) are permitted but images may only be used for private purposes, not public display. Professional Cameras (including drones) cannot enter or be used in the event site or surrounding campsites without written consent of the Promoter.
21. Ticket Holders consent to their inclusion in official photographic, film and other visual and audio recordings of the Event and grant the Promoter the right to use such recordings for promotion and other purposes.
22. Entry to the Event is at the Ticket Holder's own risk. Without limiting the generality of this, appropriate footwear and clothing must be worn at all times at the Event; Ticket Holders must not mosh, crowd surf or stage dive; noise levels may be harmful and ear plugs should be worn. To the extent permitted by law, the Promoter takes no responsibility for any hearing damage or loss caused by excessive noise or injury caused by the Ticket Holders failure to follow the Promoters directives. Offensive language may be used by performers. In the event of injury or illness the Promoter may, at the cost of the Ticket Holder, arrange medical treatment and/or emergency evacuation as deemed essential for the safety of the Ticket Holder.
23. To the full extent permitted by law, Ticket Holders waive all legal rights of action against and fully release the Promoter, its agents, employees, members and volunteers for all claims for compensation for loss, damage, injury or death howsoever arising out of or in relation to the Ticket Holder's participation in the event including without limitation, liability for any negligent or tortious act or omission on the part of the persons released or under statute or for breach of these terms and conditions.
24. In the case of an emergency, you must follow all official directives of the Promoter or authorized personnel.
25. The Falls Music and Arts Festival cares for the environment and our community. Ticket Holders agree to be respectful, drive slowly approaching the event, to not litter and to use public toilets, not the bush.
26. The Promoter may novate its rights and obligations under this Agreement to any person nominated by the Promoter. Any novation under this clause 25 will be effective on the date specified in a written notice to the Ticket Holder via the website www.fallsfestival.com and from such effective date the new party will assume all rights and obligations of the Promoter and the Promoter will be released from all rights and obligations under this Agreement.
27. Any provision of this Agreement which is or becomes unenforceable shall not invalidate the other provisions of this Agreement.
28. The laws of the state of Victoria applies to this agreement and the Promoter and the Ticket Holder submit to the jurisdiction of the courts of Victoria with respect to any proceedings arising out of or relevant to the Event.
2016 Falls Festival Lorne
Campers Car Pass - Conditions of Entry
Please be aware that upon purchase of your Campers Car Pass (hereafter also referred to as “Pass”) you accept the terms and conditions listed below:
1. It is a condition of Falls Festival Lorne that you must pre-purchase a CAMPERS CAR PASS to gain entry to Falls Festival campgrounds in a private vehicle. This includes hire vehicles and utilities. Two-wheeled motorbikes (without a sidecar) do not require a Pass, although they are subject to all other conditions and/or restrictions relating to vehicle movements.
2. You must arrive on the day assigned on your Pass or your vehicle will be denied entry to the venue.
3. Ensure that the type of Pass and the details printed on it are correct.
4. One Pass is required per vehicle. Each vehicle occupant does not require a Pass. Passes are not re-usable on more than one vehicle and must not be altered. Such actions will render the pass null and void and may result in you being refused admission to the festival and campgrounds. PLEASE PURCHASE ONE (1) PASS ONLY, FOR THE DAY YOU WISH TO ARRIVE TO SITE.
5. Pass is valid until 2pm Sunday 01 January 2017 by which time all private vehicles must depart the campgrounds.
6. Your Pass must be placed on the driver’s side dashboard of your vehicle.
7. The Pass should be positioned so that it is clearly visible from the exterior of the car but does not obstruct the driver’s vision.
8. Pass needs to be in position well before arriving at the Venue as it will need to be seen by police and traffic controllers as you approach the site and also assists our staff in knowing where to direct your vehicle once inside the property.
9. Pass contains a barcode that will be scanned upon arrival. Do not damage or tamper with this barcode or your entry may be delayed or denied.
10. Your Pass is only applicable for private use vehicles. It is not valid for taxis, trucks, buses or commercial mini-buses.
11. Once your vehicle is parked in the campground, it is not permitted to be moved again until you depart the festival.
12. The Pass does not entitle your vehicle to park in any day parking or working vehicle areas.
13. The Pass does not include entry to the festival. Each occupant of a vehicle entering the Venue campground must also hold a valid Falls Festival Event ticket.
14. Passes may not, without the prior written consent of Falls Festival, be resold at a premium or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Pass is sold or used in breach of this condition, the bearer of the ticket will be refused admission.
15. Passes are non-exchangeable and non-refundable.
16. Upon entering the Venue, it is deemed that the Pass holder accepts the Pass Conditions of Entry and vehicles are parked at your own risk.
17. Falls Festival, except to the extent required by law, will not accept liability for any accidents, damage or loss incurred whilst the vehicle is at the Venue.
CAMPERS CAR PASS Refund System
1. Each vehicle with a valid CAMPERS CAR PASS and with 3 or more passengers holding valid un-scanned Falls Festival Lorne Event tickets will be entitled to a refund voucher to the value of $30.
2. The voucher can be redeemed for cash at the Token booth inside the event arena before midnight on 31st December.
3. Passengers who have already been wristbanded will not be counted as eligible passengers for the purposes of this refund system.
4. Attempts to fraudulently obtain or qualify for refund vouchers may result in offenders and/or the vehicle being refused entry to the festival. This includes picking up passengers just outside the venue or on internal venue roadways.
5. Passengers moving between vehicles unnecessarily at the Refund Voucher processing point may result in those vehicles being ruled ineligible for the refund system.
6. Refund vouchers will only be issued at the ticket check point when your Pass is scanned. There will be no issuing of vouchers after that point and time. Make sure staff are aware that your vehicle contains 3 or more passengers. Failure to do so could exclude your vehicle from being entitled to receive a refund voucher, as eligibility cannot be verified after that point and vouchers cannot be provided retrospectively.
7. Refund vouchers will not be replaced if lost or damaged.
8. Refund vouchers must be redeemed at the festival during period outlined on the voucher. Refund vouchers are not valid after that time.
9. The decision of Falls Festival Lorne staff will be final and no arguments or debate will be entered into.
10. Any vehicle causing delays to the free movement of vehicles into the campers parking area may result in that vehicle and its occupants being refused entry to the campgrounds and festival.
11. Passes issued complimentary do not qualify for refunds.
For more information, go to fallsfestival.com
Merchant Terms and Conditions
Who you are buying from
1. This web site is owned and operated by ASH SOUNDS Pty Ltd (ABN 67 160 019 152) t/as THE FALLS FESTIVAL of 6/59 Centennial Circuit, Byron Bay, NSW, Australia, 2481 ( 'We', 'Our' or 'Us'). We sell tickets offered via this website as the event organisers (the "Promoter") and any tickets purchased from this website are purchased from Us as the Promoter. Any dispute you have relating to an event or ticket purchase is between you and Us.
2. The web site oztix.com.au (the "Oztix Website") is owned and operated by Ticket Solutions Pty Ltd (ACN 106907206) t/as Oztix ("Oztix") of PO Box 476, Annerley, 4103, Queensland, Australia. If you buy tickets from the Oztix Website you are subject to Oztix's Terms and Conditions and not the Terms and Conditions following.
3. Oztix is providing a ticket software as a service to the Promoter. Oztix are not selling the tickets or acting as agent or merchant for the Promoter.
4. The Promoter nor Oztix are not liable for any claims relating to an event or ticket purchase, except as otherwise set out in these terms and conditions.
What you are agreeing to
5. By visiting, using or purchasing any tickets via this website you agree to be bound by these Terms and Conditions and Our Privacy Policy.
6. Every ticket sold through this web site is also subject to:
a. the Promoter's additional event term and conditions (please see the Promoter's website);
b. any terms and conditions of the venue at which event is held (please see the venue's website); and
c. any terms and conditions that may be printed on the ticket.
7. The Promoter reserves the right to add, withdraw, reschedule or substitute artists and/or vary programs, prices, venues, seating arrangements and audience capacity.
Use of this Website
8. Use of this web site is restricted to personal use and reference only.
Conditions of Sale
9. All Prices quoted are in Australian Dollars and include local taxes (GST).
10. Online sales will cease when the allocation of tickets is sold, at a time otherwise specified or usually 2 hours before doors open for the event.
11. The Promoter reserve the right not to sell tickets to any person, agent or company.
12. Tickets will be delivered to you by the method you select during the booking process. If tickets are sent using Registered Post or a Courier service they will only be sent to addresses where the purchaser can sign for delivery. Mail delivery option will cease to be offered 7~10 days before the event.
13. Tickets may not, without the prior consent of the Promoter, be resold or offered for resale at a premium over the face value of the ticket (including via on-line auction sites) or used for advertising, promoting or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services either by the original purchaser or any subsequent ticket holder.
14. Notwithstanding these terms and conditions, if You use a "disposable" or "temporary" credit card (such as those purchased over the counter at supermarkets) for Your online purchase We are not able to make any refund to you unless a) you can provide full details of the credit card; b) the credit card remains valid; and c) you can produce the online purchase receipt.
15. Note: your Credit Card statement will itemise a purchase as a charge from Falls Festival.
Refunds and exchanges
16. The Promoter will only refund tickets in accordance with these terms and conditions, and to the extent permitted by law, The Promoter or Oztix has no liability to you.
17. We do not replace any lost, stolen or destroyed tickets or exchange or substitute tickets after purchase, except in limited circumstances. We reserve the right to charge you a reasonable fee for the replacement of tickets. Please treat your tickets like cash, as we cannot replace lost tickets.
18. The Promoter reserves the right to alter the date, the venue and the entertainment and activities as advertised, without prior notice to you. Your entitlement to a refund in such circumstances is determined by the Promoter. Please contact Promoter directly at info@oztix.com.au in order to determine your eligibility for a refund.
19. If the date, time or venue of an event is rescheduled or changed, your ticket will remain valid for the rescheduled date, time and venue.
20. If We authorise a Refund, We will refund to you the ticket price. The Booking fees, applicable delivery or postage fees and any Processing Surcharge may be refunded, depending on the reason for the refund.
21. Any refund payable can only be made back to the credit card (whether temporary or otherwise) used in the original transaction.
22. Oztix will post any relevant information regarding any cancelled or rescheduled events in the news section of www.oztix.com.au, when applicable. It is your responsibility to check our website for information in relation to any events.
No Show / Failure to collect tickets / Delivery fulfilment
23. We fulfil Our commitment to you for the sale of tickets by either mailing or emailing the ticket to you, or by making the ticket available at the door or Box Office for you to collect.
24. If you have elected to receive the tickets by mail or email and have not received your ticket(s) within 48 hours of the event, please contact Oztix.
Pay Over Time Payment Option
25. In some circumstances you may be able to pay for your ticket over time, in instalments. If both parties agree to this payment option, You agree that We can charge your credit card a deposit, a booking fee (if any) and the number of specified instalments prior to sending you a confirmed ticket.
26. You agree that you only have a reservation for a ticket and are not entitled to a ticket to the relevant event until full payment of the ticket and associated fees is made.
27. If your credit card details change prior to your payment of any instalment, you agree to contact Us to update your credit card details.
28. You agree that if, for any reason, We are not able to process any of the instalments on their due date, your reservation for the ticket will be cancelled and your deposit and any booking fee paid forfeited by you.
29. We agree to repay any instalment (other than the deposit and any booking fee) you have paid to Us to the credit card you specified at the time of selecting the pay over time option, provided that credit card remains valid.
Changes to Terms and Conditions
30. The terms and conditions that apply to any particular transaction will be the published terms and conditions at the time the transaction was finalised. Subject to the preceding sentence, We may alter or change the terms and conditions as they appear on our website from time to time effective immediately from posting on the web site.
31. You should periodically check this page of the web site to ensure that you are aware of the latest terms and conditions.
What happens if you have an inquiry or complaint?
32. For inquiries or complaints regarding the sale and delivery of tickets please contact us by email at info@oztix.com.au or telephone 1300 762 545.
33. For inquiries or complaints regarding the staff and / or amenities at a venue or event, please contact the venue management.
34. For inquiries or complaints regarding the artist's performance, sound or lighting or production quality, please contact the Promoter.
Data Security
35. When We process your order We collect your credit card and personal information in accordance with Our Terms and Conditions, our Privacy Policy and our Privacy Collection Notice.
36. If you are concerned about using your credit card online please contact us for assistance.
37. If you deny or dispute a charge on your credit card made by us, please contact us immediately. We consider credit card fraud to be a serious offence and we aim to prosecute each case to the fullest extent possible.
Copyright and Trademark
38. The images, text, logos and artwork contained within this site are copyright to Promoter, Oztix and/or the relevant licensors. All rights are reserved. Unauthorised use by way of copying, storage, reproduction, publishing electronically or otherwise transmitting in any form or by any means in whole or in part is prohibited. The Oztix logo is a registered trademark.
Disclaimer and liability
39. You accept that the Internet is not always a reliable and that system outages may occur.
40. Save to the extent set out in the Competition and Consumer Act 2012 (Cth) (including the consumer guarantees under Australian Consumer Law) or otherwise permitted by law, We or Oztix will not be liable for any damages direct, incidental, consequential or otherwise, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your purchase of any tickets or your access to, or use of, or inability to use the web site and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not We know of the possibility of such damage.
Choice of Law
41. These Terms and Conditions shall be governed by the laws of the State of Queensland, Australia but legal proceedings may be commenced in any Australian State or Territory.
Australian Consumer Law
42. Our goods and services come with consumer guarantees that cannot be excluded under Australian Consumer Law. Those consumer guarantees apply in addition to any other express warranties which we provide under this Agreement. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage.
Version 12 - Updated August 2014
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