1.2 Sailfish Systems Limited ("Swimming Events", "we", "us", "our") is a company registered in England and Wales under company number 11287684, with registered office at 4 Yewlands Drive, Knutsford, Cheshire, WA16 8AP.
1.3 We sell swimming and sports event (“Event,” “Meet” or “Open Meet”) tickets ("Tickets" or “Items”) and associated products and services on behalf of swimming and sports event organisers, promoters, venues, clubs and other third parties associated with swimming and other sports events organisation. ("Organisers"). For the purpose of these terms “Tickets” will also refer to event entry, unless otherwise stated.
1.4 We sell Tickets as and when they listed by Organisers (during the listing of a meet process), and in accordance with their instructions. The number and type of Tickets allocated for sale by us vary on an event by event basis. By purchasing your Ticket, you are expressing an interest to compete, it is then down to the discretion of the event Organiser to accept or reject your entry. Please SEE CLAUSE 11 about rejections and withdrawals.
1.5 For some events, we may sell different tiers of Tickets, items and packages, including:
(a) "Early Bird": These will be for early entrants to an Event and will often be at a discounted price. This pricing is set by the organiser and may be removed by the organiser at any time. Times into events may be edited after entry into an event if a faster time is achieved within the qualifying times set, organisers however may chose to remove this feature at their discretion..
(b) "Late Entry": This will be for late entrants to an Event, where the date of the User entering a meet exceeds the deadline as specified by the Organiser. This will often be at a premium price.
(c) "Spectator": This will allow admission to spectate at a particular Event, as specified on the Ticket.
(d) "Packages": these are packages that are offered for sale at an inclusive price, which include a Ticket and one or more additional products or services, such as Spectator seating or merchandise.
1.6 In this Purchase Policy, we refer to any products and services offered for sale by us (including the above mentioned) as "Items".
1.7 Our Purchase Policy does not apply to any purchases made from any other third parties. If you have any queries or complaints regarding your purchase of items from third parties, please contact them directly.
2.1 In order to make a purchase from Swimming Events, you must have a Swimming Events account and a valid credit or debit card issued in your name. You also must meet the individual Event conditions (see clause 6.1 in the event of a breach of conditions). This will be published by the Organiser and any questions about these conditions should be directed to them. If you do not meet the individual Event criteria then you may be rejected and withdrawn. Whether you can recover your entry fee following your omission or error is down to the individual Organiser.
2.2 Any purchase from us is subject to: (i) this Purchase Policy; (ii) the terms and conditions of the Organisers and/or event; and (iii) any venue terms and conditions.
2.3 Your contract for purchase starts once we have confirmed your order, and ends immediately after completion of the event for which you have purchased Item(s).
2.4 All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In this case, you will receive an email notification to notify you.
2.5 It is prohibited to obtain or attempt to obtain any Items through unauthorised use of any robot, spider or other automated device or software, or any other illegal or unauthorised activity. We reserve the right to cancel any order(s) that we reasonably suspect to have been made fraudulently or otherwise in breach of this Purchase Policy, without any notice to you, and any and all Items obtained as part of such order(s) will be void.
2.6 To prevent fraud and protect Swimming Events, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We may cancel orders which we reasonably suspect to have been made fraudulently.
3. PRICES AND FEES
3.1 All prices for Items offered for sale from us are inclusive of VAT where applicable and are broken down as follows:
(a) sale price of the Item ("Sale Price"); plus
(b) any per-Item service charges ("Service Charge"); plus
(c) any per-order handling ("Booking Fees").
3.2 Whilst we try to ensure that all advertised prices are accurate, errors may occur. If we discover an error in the price of any Item you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price (in which case we will credit or debit you as applicable) or cancelling your order (in which case you will receive a full refund). If we are unable to contact you to confirm your order at the correct price, you agree that we may treat the order as cancelled and issue you with a full refund.
4.1 There will be no physical delivery of tickets, email confirmation will be sent upon confirmation of payment. This must be retained as your proof of payment as well as your order number. Tickets will not need to be presented to enter the venue. Spectator tickets must be shown to access viewing area, in which case the email confirmation will be sufficient.
5.1 Any Ticket you purchase from us remains the property of the relevant Organiser which may be withdrawn and admission refused at any time. The reason will be specified, but can often be due to over subscription to an event or not satisfying the Event Conditions. If this occurs without any error or omission on your part, you will be refunded for the Ticket which has been withdrawn or for which access was refused (including the relevant Sale Price and Service Charge but excluding any Booking Fees).
5.2 It is your responsibility to check your Tickets (Entries) once they have been paid for and confirmed; mistakes cannot always be rectified and cannot always be refunded. You can log in to check this.
6. EVENT RESTRICTIONS
6.1 When Entering an event there may be certain restrictions in place. These restrictions may include but are not limited to: gender, association, club, age and times. These restrictions will be imposed by the Organiser and in most cases, be programmed to the site so that these restrictions cannot be bypassed. If a deliberate attempt has been made to falsify information to bypass the Organiser’s conditions you will not be eligible for any refund once detected.
6.2 If you believe there is an error and you or other Users have been sold Tickets which should have been otherwise restricted, please contact the event Organiser immediately to avoid losing a refund.
7. EVENTS - TIMINGS AND ADMISSIONS
7.1 Please note that advertised start times of events are subject to change. Also, Warm up and venue closing times stated in relation to an event are not indicative of the event's start or end time, all of which remain at the relevant Organisers discretion and may be subject to change. Please see the Organisers’ event specific conditions for more.
7.2 Tickets (entries) are sold subject to the Organiser’s right to alter or vary the programme of an event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, unless such change is a material alteration as described in clause 8, in which case the provisions of that clause shall apply.
7.3 Admission to all events is subject to the terms of admission of the relevant venue, and certain things (e.g. mobile phones, dogs (except guide dogs) and patrons own food and drink) may be prohibited. Please check with the venue directly. The unauthorised use of photographic and recording equipment at events is also prohibited due to safeguarding, the rules however may vary from one venue to another.
7.4 Breach of any of venue terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle the Organiser to eject you from the venue.
7.5 Organisers reserve the right to refuse admission to the venue, or to remove any person from the venue for reasons of public safety, any unacceptable behaviour likely to cause damage, nuisance or injury, or for any breach of the Organiser´s event conditions.
8. YOUR RIGHTS IN RELATION TO EVENT CANCELLATIONS AND ALTERATIONS
8.1 If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from the event Organiser. However, we cannot guarantee that you will be informed of such cancellation or alteration before the date of the event. It is your responsibility to ascertain whether an event has been cancelled or altered and the date and time of any rescheduled event.
8.2 Cancellation: If an event for which you have purchased Tickets or Packages is cancelled in full (and not rescheduled), you will be offered a refund. However, you will not be entitled to a refund of the Booking Fees.
8.3 Rescheduling: If an event for which you have purchased Tickets or Packages is rescheduled, unless otherwise indicated, you will be offered Tickets or Packages of a value corresponding with your original Tickets or Packages for the rescheduled event. If you are unable to attend the rescheduled event, you will be able to obtain a refund. However, you will not be entitled to a refund of the Booking Fees. Failure to inform us within any deadline specified by us that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Tickets for the rescheduled event, and you will not be entitled to claim a refund.
8.4 Other material alteration: If an event for which you have purchased Tickets or Packages is "materially altered" (as defined below), other than a rescheduling, you will be offered the option either to reconfirm your order for the altered event or to cancel your order. If you cancel your order, you will be able to obtain a refund. However, you will not be entitled to a refund of the Booking Fees. Failure to inform us within the deadline specified by us that you wish to cancel your order in these circumstances will be deemed to be a reconfirmation of your order for Tickets or Packages for the altered event, and you will not be entitled to claim a refund. For the purposes of this Purchase Policy, a "material alteration" is a change which, in our and the relevant Organisers reasonable opinion, makes the Event materially different to the Event that purchasers of Tickets, taken generally, could reasonably expect.
8.5 To claim a refund under clause 8.2, 8.3 or 8.4, please contact us at email@example.com.
8.6 Refunds will be made using the same means of payment as you used for the initial purchase.
9. ENTRY AMENDMENTS
9.1 In most cases you will be able to edit your entry or other items if you have made an error and want to amend before the withdrawal deadline set (if any) by the event Organiser. This can be done by logging into your account and editing your entries. This will not be an option if the date has past or if the Organiser does not accept changes.
9.2 Changes which do not meet the event conditions as set by the Organiser will not be accepted. If these are accepted in error and subsequently noticed following the withdrawal deadline (if any) you may be rejected, will then be subject to clause 6.1 and will not be permitted a refund for that particular entry. Swimming events will not accept liability for manual errors made by the User as it is the User’s responsibility to review the entries before confirmation.
10. YOUR STATUTORY RIGHT TO CANCEL
10.1 Tickets and Packages cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out in clause 8 and set out below in 10.2 and 11.
10.2 Exceptional circumstances may be taken into consideration if a user needs to cancel. This could include but is not limited to: medical issues, bereavement or any other tragedy. This will be at the discretion of the Organiser and such situations will be covered in their conditions (NOT Swimming Events), therefore the Organisation must be contacted directly.
11. WITHDRAWALS AND REJECTIONS
11.1 Organisers, at all times reserve the right to reject entrants or tickets if there is over subscription in their event or if they are in breach of the entry conditions. This will be done in accordance with the individual event Organisers Meet conditions. This is to ensure a safe and timely completion of the event.
11.2 Withdrawals may be accepted, this is down to the discretion of the Organiser and should be reviewed before entry into the event. Please refer to the individual event conditions for more.
11.3 If you have been rejected or have withdrawn whilst following the meet conditions for the specified event, you will be entitled to a refund of the amount equivalent to the cost of entry for those events excluding any separate Booking Fees taken by Swimming Events. This is not Swimming Events’ decision as this is determined by the individual meet conditions and/or the Organisers discretion. Certain medical and other extenuating circumstances will be taken into consideration, this will be done in accordance with the relevant Meet conditions and will be executed by the Organiser. If any issues arise from this, please contact the Organiser of the event.
11.4 If an entrant is knowingly in breach of the Organisers’ terms without written permission from the Organiser, they will be refused a refund following any potential rejection.
11.5 Refunds will be made to the original payment method for that transaction.
11.6 In the event of a no show (without prior communication with the Organiser, some organisers may charge a ‘no show’ fee. Please see individual Organisers’ conditions to see whether this applies.
12. LIMITATION OF LIABILITY
12.1 Neither we nor our relevant Organisers will be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by the Organiser):
(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or the Organiser(s);
(b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our negligence); or
(c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of this Purchase Policy and/or any terms and conditions of the Organiser(s).
12.2 To the maximum extent permitted by law, neither we, nor our relevant Organisers, shall be liable for any indirect, consequential losses or business losses, or any exemplary, special or punitive damages arising from your purchase. In accordance with this, please note that:
(a) personal arrangements including travel, accommodation, hospitality and other costs and expenses incurred by you relating to the Event which have been arranged by you are at your own risk, and neither we nor the relevant Organisers shall be responsible or liable to you for any wasted expenditure, including where an event has been cancelled, rescheduled or otherwise materially altered; and
(b) neither we nor the relevant Organisers shall be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or materially altered.
12.3 Unless otherwise stated in this clause 12, our and any Organisers’ liability to you in connection with the event (including, but not limited to, for any cancellation, rescheduling or material alteration to the programme of the event) and the Item you have purchased shall be limited to the price paid by you for the Item(s) excluding any Booking fees.
12.4 Nothing in this Purchase Policy seeks to exclude or limit our or any Organisers’ liability for death or personal injury caused by our or any Organisers’ negligence, fraud or other type of liability which cannot by law be excluded or limited.
13. QUERIES AND COMPLAINTS
13.1 If we need to contact you, we will use your contact details provided at the time of purchase. It is your responsibility to inform us of any changes to your contact details, both before and after receipt of Tickets. Particularly, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.
13.2 If you have any queries or complaints regarding your purchase, please contact us, quoting your order number.
13.3 Because we may occasionally sell Items on behalf of Organisers, we may need to contact one or more Organiser for more information before responding to your query or complaint. Please note, some complaints can take up to 28 days to resolve.
13.4 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to you, us and the relevant Organiser(s).
13.5 Swimming Events can be contacted by email: firstname.lastname@example.org
13.6 Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation within 28 days, you and we may attempt to settle it by mediation. To initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation.
14. GOVERNING LAW
14.1 Any relevant Organiser and its affiliates, successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999. Except as provided in the previous sentence, this Purchase Policy does not create any right enforceable by any person who is not a party to it, but does not affect any right or remedy that a third party has which exists or is available apart from the Contracts (Rights of Third Parties) Act 1999.
14.2 All of the terms and conditions of this Purchase Policy are governed by English law and any disputes arising out of or in connection with any order with Swimming Events are subject to the non-exclusive jurisdiction of the English Courts.