Terms & Conditions
BGN Festival Ltd.
TERMS AND CONDITIONS.
These terms and conditions establish the contract for the booking conditions between festival attendees and BGN Festivals Ltd. Any disputes will be dealt with in the courts of England and the attendees’ contract will be subject to English law. If festival attendees live in Wales, Scotland or Northern Ireland the appropriate courts can deal with any disputes.
1. Artist Bill & Line Up.
Whilst every effort is made to present the Artists & DJ’s as promoted and advertised, BGN Festivals LTD reserve the right to make alterations as necessary. Alterations and cancellations to the advertised bill are not deemed as a significant change to the attendees’ festival ticket or holiday package.
2. ‘Ticket Only Sales.
These tickets only allow festival attendees entry to festival events and venues. They do not include access to accommodation, transfers or any services and bolt-ons provided by Horizon. Customer booking these should ensure that they have sufficient accommodation and travel arrangements to and from the resort.
3. Use of Tickets and Packages.
The use of the festival ticket, accommodation and any bolt-ons is for the sole use of the named purchaser or where applicable the named group. The resale of packages without the correct name change will result in the secondary purchaser not being able to gain access to the accommodation booked, access to the transfer nor will they be able to redeem and bolt-ons booked including ski passes. The use of tickets and packages in any promotional use is prohibited without the prior agreement with BGN Festivals Ltd. All rooms must be filled and fully paid otherwise additional charges will apply (full price rate). Discount codes can only be used against the price of a ticket. They cannot be redeemed against bolt- ons, ski passes or and other services including accommodation purchases.
4. Ski Passes.
Ski Passes are for the sole use of the named person printed on the pass. The pass provides attendees with access to the ski lifts as well as mountain rescue. Use of the pass by other individuals will deem the pass void. The Management Company of the Resort reserve the right to confiscate the pass without compensation should attendees be in breach of terms and conditions of use of the ski lifts. Please refer to the gondola for full details.
5. Festival Attendees Package Booking – Ticket & Accommodation packages plus other bolt-ons.
Before paying attendees must ensure that they have booked suitable arrangements for themselves and the people they will be travelling with.
Attendees must ensure they have fully understood the components of their package, as detailed during the booking process and their confirmation email. BGN Festivals Ltd cannot be held responsible for any component that is not requested, booked or paid for. Please note that BGN Festivals do not offer flights in any package and these should be booked and paid for separately by festival attendees.
Attendees should notify BGN Festivals if any members of their party has any disabilities before they book. BGN Festivals will endeavour to accommodate all requests but if BGN Festivals feel incapable of suitably accommodating any specific needs BGN Festivals reserve the right to refuse their reservation. Decisions will be made based on the Health and Safety Impacts to all festival attendees as well as the individual.
For group bookings please make sure that all attendees have the permission of all members of the party before making a booking and that all members of their party have read and agreed to these terms and conditions. The person who completes the booking online or by telephone will be the lead booker and is responsible for payment of the total booking price, which may include any subsequent cancellation or amendment charges that may be payable. The lead booker must confirm that all the other members of the party agree to these terms and conditions and provide accurate and full information to the remainder of the group in relation to the booking, including any subsequent changes. A contract will exist between festival attendees and BGN Festivals when BGN Festivals issue a confirmation invoice or receipt to the lead booker, which will be by e-mail. Should any additional members of the group be added at a later date, it remains the responsibility of the lead booker to ensure that any such members agree to these terms and conditions and are in acceptance of all applicable information relating to the booking.
For errors or discrepancies in relation to any documentation that attendees receive from BGN Festivals please get in contact immediately.
6. Age Restrictions.
Due to the nature of the event all members attending the festival must be 18 years of age or over – identification will be requested at accreditation. If attendees are not of the required age they will not be issued with a festival wristband, however they will be allowed access to their booked accommodation and ski pass. Only pre-booked bolt-ons that are ski or spa based will be issued, access to Horizon events and secret parties will be refused. No refunds against the festival portion of the package will be issued for attendees who are under 18.
7. Festival Wristband.
Festival attendees will be provided with a festival wristband at accreditation. This wristband remains the property of BGN Festivals LTD. Festival Wristbands cannot be replaced, it is the attendees’ responsibility to ensure that they do not become lost or stolen. Broken wristbands will be void. Festival wristbands will grant entry to all Horizon Festival Events except for private parties, excursions and other bolt-ons and services that require a supplement to be paid. Wristbands do not guarantee entry to venues and entry to an event may be restricted due to one of the following reasons: venue capacity has been reached, health and safety issues require entry to be closed, attendees are deemed unfit to enter, or are drunk or disorderly.
Winter Sports Insurance is mandatory for all attendees who purchase a Ski Pass through BGN Festivals Ltd. It may be booked with any reputable agency. Proof of insurance covering the dates will need to be shown at accreditation. Although it is not the law to have this type of insurance the event organiser, as a duty of care, will ensure that all attendees to the event are covered with adequate winter sports insurance. It is the attendees’ responsibility to ensure that the insurance cover purchase is suitable and adequate for their particular needs.
9. Changes in price.
Changes in transportation costs, including the cost of fuel, dues, taxes or any other fees chargeable for services as well as exchange rates mean that the price of the holiday may change after attendees have booked. However there will be no change within 30 days of the attendees’ departure. Surcharges will be notified by email and may be paid on credit or debit card via our call centre or upon accreditation.
10. Changes to festival attendees booking.
BGN Festivals reserve the right to make changes to correct any inaccuracies to the Horizon Festival event details before and after the attendees’ booking has been confirmed.
By booking with us, all attendees agree to accept that the final line-up may be different from the one on the website at the time of booking. Changes to the itinerary will be considered a minor change and will not give attendees the right to a refund for their payment. BGN Festivals cannot reimburse any costs or expenses attendees incur as a result of any change. Name changes will be available until the 31st January 2016 and will incur a charge of £12.50 per person.
Cancellations made by attendees: If attendees decide to cancel or withdraw from the holiday or any bookings that attendees have made with us, BGN Festivals shall be entitled to retain payment as is needed to cover our reasonable costs and losses caused by the attendees’ withdrawal. If the balance of the price of the holiday is not received by the due date, BGN Festivals reserve the right to cancel the booking and retain any payments made.
Cancellations made by us: BGN Festivals reserve the right to cancel attendees’ festival holiday in any circumstances. If BGN Festivals are unable to provide the booked package attendees can either have a refund of all monies paid or accept an offer of alternative package arrangements of closely similar standard and price (if available) or a choice of specified travel arrangement of a lower standard to the holiday booked together with a refund of the difference in price.
BGN Festivals will endeavour to refund funds attributed to accommodation, ski passes, bolt-ons or any services up to 31st January 2016 after this date. BGN Festivals retain the right to keep deposits against reasonable costs. Festival tickets or funds attributed to festival tickets are non-refundable. Refunds are generally not permitted after 31st January 2016 due to contractual arrangements with the resort, for this reason BGN Festivals advise all attendees to take out travel insurance.
Festival attendees are entitled, if appropriate, to be compensated by BGN Festivals for the non-performance of our contract with them (i.e. if BGN Festivals cancel or make a significant change to their booking), except where:
• the accommodation package is cancelled because the number of persons who agreed to take it is less than the minimum number required, and attendees are informed of the cancellation in writing within the period indicated in the description o-f the package; or
• the package is cancelled by reason of unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided if all due care had been exercised.
13. Our liability to festival attendees.
BGN Festivals will accept responsibility if festival attendees suffer death or personal injury or their contracted arrangements are not provided as promised or prove deficient as a result of the failure of us, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing their arrangements. Further, BGN Festivals will be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work BGN Festivals had asked them to do. Whether our suppliers have performed or provided their services with reasonable skill and care or not will be determined in accordance with local standards (i.e. the country's standards where the services have been performed or provided) rather than UK standards. It is the festival attendees’ responsibility to show that reasonable skill and care has not been used if attendees wish to make a claim against us.
BGN Festivals will not be responsible for any injury, illness, death, loss, damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
• the act(s) and/or omission(s) of festival attendees; or
• the act(s) and/or omission(s) of a third party not connected with the provision of attendees holiday and which were 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 BGN Festivals or the supplier of services, even with all due care, could not foresee or forestall.
If festival attendees have had the misfortune to suffer illness, personal injury or death, through misadventure, during their holiday arising out of an activity which does not form part of their contracted holiday arrangements with us, BGN Festivals will, in our reasonable discretion, offer to help where possible and appropriate.
BGN Festivals may provide attendees with information (on our website, in our brochure and/or when attendees are on holiday) about excursions and activities which are available in the area they are visiting. If these excursions and activities are not purchased as a component part of their package holiday, BGN Festivals will have no involvement in these excursions or activities which are not run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent to BGN Festivals and do not form any part of the attendees’ contract with BGN Festivals even where BGN Festivals suggest particular operators/other third parties and/or assist attendees in booking such excursions or activities in any way. Except as set out below, BGN Festivals cannot accept any liability on any basis in relation to such excursions or activities and the acceptance of liability contained in this section will not apply to them.
BGN Festivals will not accept liability for the behaviour of others in attendees’ accommodation, transfers or excursion, or for any facilities/services withdrawn as a result of their action.
For the avoidance of doubt, nothing in this agreement shall limit or exclude our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or for any other liability the exclusion or limitation of which is not permitted by English law.
14. Festival attendees’ responsibilities and liability.
Please be aware that there may be some additional costs payable once in the resort in addition to the quoted price of the attendees’ holiday. On check-in guests may be asked to pay a damage deposit to the hotel or provide card details as to cover any potential damages that may be caused during the stay. This will be returned if no damage is caused.
Festival attendees are responsible for their actions and the effect they may have on others. If BGN Festivals, or another person in authority, believe:
• their actions could distress, upset, annoy or disturb other customers, our suppliers or our own staff, or put them in any risk or danger, or damage property; or
• they are unfit to travel;
BGN Festivals may prevent attendees from continuing in the relevant activity and/or end their holiday and terminate their contract. The attendee and their party members will be prevented from using their booked accommodation, transport, and any other travel arrangements forming part of their booking. BGN Festivals will not be liable for any refund, compensation or any other costs they have to pay.
Festival attendees are responsible for their safety, and are responsible for the condition of the property they occupy. BGN Festivals are not responsible for any accidents which due to attendees inappropriate or irresponsible behaviour, or for any accidents which occur anywhere on properties because of any items or property which attendees have broken and/or have left in a way in which injury can result.
BGN Festivals will hold all attendees jointly and individually liable for any damage or loss caused during the trip as a result of their own actions or the actions of a member of their party (including without limitation damage to the accommodation, furniture, apparatus or other materials located within the accommodation and to any vehicles), together with any legal costs BGN Festivals incur in pursuing a claim. It is the attendees’ duty to report any breakages, defects or damage to an appropriate person immediately and to pay the accommodation owner or manager or other supplier directly for any loss or damage to property.
Festival attendees are responsible for their own timekeeping. If attendees are late for anything they have booked and arrive after the planned departure time, they lose the right to go on the excursion.
If the attendees behaviour or the behaviour of any members of their party causes any transfer to be diverted BGN Festivals and/or the operator will hold them and those members of their party jointly and individually liable for all costs incurred as a result of that diversion.
The legal drinking and smoking ages are 18. BGN Festivals appreciate that attendees may consume alcohol during the holiday. Attendees must, however, do so responsibly and BGN Festivals will have no liability to them for any injury, loss or damage they suffer as a result of their judgment being impaired wholly or partly by alcohol. Attendees must not smoke in the hotel rooms, or apartments, or in any way that could cause a fire hazard.
All festival attendees must be in a fit state to enter the festival site and venues, and event bars and clubs. If not, BGN Festivals are not responsible if attendees fail to be granted entry.
Under no circumstances is the use of illegal drugs tolerated on Horizon Festival holidays. Anyone found to have taken, or be possessing, substances which are illegal in the host country, will no longer be a part of the trip. The penalties for possession, use, or trafficking of illegal drugs are strict, and convicted offenders can expect prison sentences and heavy fines. Foreigners charged with a crime may be denied permission to leave the country. If festival attendees are a victim of crime or require the emergency services dial 112. Upon registration BGN Festivals will give attendees details of the local British consular. Horizon HQ will be based at the consular throughout the event and BGN Festivals and the consul will assist and advise on any issues or problems that attendees may come across.
ARRIVALS- Transfers are not related to individual flights, they service a group of flight arrivals. If a flight is delayed HHB Travel will endeavour to hold buses but if the delay is more than 30 minutes passengers may need to wait for the next transfer. Where there is more than one terminal (Sofia airport), departure times may be slightly later than advertised as one bus may be servicing both terminals. Festival attendees will be met by a rep at each airport and terminal. Reservations are only guaranteed for the chosen timed transfer, bookings are not transferable unless a flight delay has occurred.
DEPARTURES- Attendees are required to be at their accommodation reception 30 minutes prior to the scheduled bus departure time for their return journey. It is the attendee’s responsibility to ensure that they do not miss their transfers as BGN Festivals LTD and HHB Travel cannot be held responsible for missed flights. HHB Travel are the service providers for Horizon Festival transfers and request that all passengers act responsibly and safely at all times. HHB travel will peruse any claims or legal costs for any damage or loss caused by passengers during the transfer.
16. Force Majeure.
Except where otherwise specified in these booking conditions, BGN Festivals cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is affected by reason of circumstances amounting to Force Majeure. In these booking conditions Force Majeure means any event which BGN Festivals or the supplier of the services in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and similar events beyond our control.
17. Data Protection.
By making a booking with BGN Festivals, attendees agree BGN Festivals may use and disclose the information they provide for the following purposes: to enable BGN Festivals to process attendees booking (which will include passing attendees information to third party suppliers, such as hoteliers and service providers, and may involve sending their information to countries that do not have an equal level of privacy legislation to that in the UK); for market research and analysis purposes; for improving customer service; for the detection and prevention of fraud or other crime (which may include providing their information to organisations such as banks and credit card companies); for compliance with legal requirements (which will include passing information to public authorities such as customs and immigration) and, where they have provided consent, for marketing contact by means of post or telephone to provide them with offers and details of the products and services BGN Festivals offer. BGN Festivals may also pass attendees details on to carefully selected third parties where they have indicated that they are happy for BGN Festivals to do so. If attendees wish to opt out of receiving marketing communications from BGN Festivals or selected third parties, they can do this via our email address or by telephone.
Telephone calls to or from BGN Festivals may be recorded for training and quality purposes and/or for the purposes of preventing and/or detecting crime.
If attendees have booked with BGN Festivals via our website, or if they have chosen for BGN Festivals to contact them by email, BGN Festivals will communicate with attendees using the email address they have provided to supply them with their travel documentation. BGN Festivals are entitled to assume that the e-mail address attendees have provided is correct and that they understand and accept the risks associated with using this form of communication.
For any complaints attendees may have please notify BGN Festivals immediately either by email on firstname.lastname@example.org or call our customer contact number on 020 3633 3025. If attendees face any problems while on holiday please go to the Horizon Information point at Pirin79 Bar to speak to one of our Horizon Festival staff reps who will take reasonable steps to sort the problem out.
Deposits are attributed to the ticket element and are non-refundable, if for any reason attendees cancel their booking BGN Festivals will not be liable to refund them. Please refer to section 12 for allowable refunds. Deposit payment reserves the attendees’ own accommodation and festival ticket.