BBC Earth Experience Melbourne
Event Terms & Conditions
Ticket Terms & Conditions
“Agent” means the authorised agent from whom you purchased a Ticket.
“Conditions” mean these terms and conditions.
“Event” means an event to be held at the Venue.
“Moon Eye Productions” means Moon Eye Productions UK Limited, its representatives, servants, employees and sub-contractors and “Our” shall be read accordingly.
“Promoter” means the person or company ticketing or promoting the Event if different from Moon Eye Productions.
“Venue” means the venue as stated on the Ticket.
“Ticket” means any ticket for an Event.
“You” means you or anybody who in Moon Eye Productions reasonable opinion is acting with your authority or permission and “Your” shall be read accordingly.
1. These Conditions incorporate, and should be read in accordance with, any Promoter, Agent and/or Venue terms, conditions and regulations, copies of which are available upon request from the Promoter, Agent and/or Venue. These Conditions and any Promoter, Agent and/or Venue terms, conditions and regulations are collectively referred to as, “the Terms and Conditions”.
2. All Tickets are sold subject to the Terms and Conditions. Please read the Terms and Conditions carefully before purchase, and raise any queries with Moon Eye Productions, the Promoter, Agent or Venue (as relevant) before purchase. Your purchase of a Ticket constitutes Your acceptance of the Terms and Conditions.
3. It is Your responsibility to check Your Tickets as if You have made a mistake, it can not always be rectified after purchase. Please check Your Tickets on receipt carefully and contact Moon Eye Productions immediately if there is a mistake.
4. If You have any access requirements or concerns about any special effects (for example lighting, sound and audio-visual effects) which may be featured at the Event, please discuss any such issues with our venue team before purchasing the Tickets by contacting them via [email protected]. If you’d prefer to speak over the phone, please include a telephone number with your enquiry and we will give you a call back.
5. You must produce a valid Ticket to gain access to an Event and You must keep possession of such Ticket at all times during the Event. Your Ticket may be invalidated if any part of it is removed, altered or defaced. Moon Eye Productions will not be responsible for any Ticket that is lost, stolen or destroyed.
6. Moon Eye Productions may issue duplicate Tickets in its sole discretion. If Moon Eye Productions issues a duplicate Ticket, it may charge a reasonable administration fee.
7. Please see the Event website for terms relating to Tickets for children. Children aged 15 or under will not be allowed entry to an Event unless they are supervised (for the duration of the Event) by an adult. One adult is entitled to supervise up to ten children. Moon Eye Productions will require supervisors to remove children if, in Moon Eye productions sole opinion, the children are causing a disturbance to other Ticket holders. Subject to it being stated otherwise in the Terms and Conditions or on the Event website, it is the responsibility of the supervisors of a child to determine whether an Event is suitable for that child to attend, and none of Moon Eye Productions, the Promoter, Agent or Venue accepts any liability or responsibility in relation to the same. The Event may also be subject to age restrictions which will be displayed or otherwise made available to You as part of the Ticket purchase. None of Moon Eye Productions, the Promoter, Agent or Venue will be responsible if You or any of Your guests are refused admission because of a failure to meet or prove that You/they meet such age restrictions.
8. For seated Events, You only have the right to a seat at the Event of a value corresponding to the price paid to the Agent for the Ticket, and the Promoter and Moon Eye Productions acting reasonably, reserve the right to provide alternative seats at the Event to those originally purchased. Where only seats of a lesser value are available, You will be offered the choice of accepting either (a) the lesser value seats available, or (b) a refund of the price paid to the Agent for Your Ticket.9. Tickets are sold subject to the Promoter’s and Moon Eye Productions right to alter the advertised Event as reasonably necessary. Moon Eye productions total liability in relation to a cancelled Event is set out below in Conditions 14 and 15.
10. Tickets cannot be exchanged or refunded unless the performance is cancelled, rescheduled or where there is a material change to the Event. A ‘material’ change is a change which, in Moon Eye productions reasonable opinion, makes the Event materially different to the Event that purchasers of the Ticket, taken generally, could reasonably expect. Please note that the following are not deemed to be “material” changes: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11. It is Your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of any re-scheduled Event. Where an Event is cancelled or re-scheduled, Moon Eye Productions will use its reasonable endeavours to notify You using the details You provided at the time of ordering. Moon Eye Productions does not guarantee that You will be informed of such cancellation before the date of the Event. It is also Your responsibility to inform the point of sale from where You bought the Ticket of any change to the contact address, telephone number or email address You provided at the time of purchase.
12. Where an Event is cancelled, rescheduled (and You notify the Agent within the timeframe specified by the Agent that You cannot or do not wish to attend the rescheduled event), or where there is a material change to the programme of the Event, You will be entitled to a refund in accordance with Condition 14. If the Agent does not specify a timeframe for requesting a refund, the deadline by default will be 48 hours before the date of the rescheduled event. Failure to notify the Agent by the applicable deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Tickets or Ticket Packages for the rescheduled event, and you will not be able to claim a refund. If You have already received Your Tickets then You may be asked to return them before a refund can be issued. Refunds will only be made to the person who purchased the Tickets. Liability for the cancellation or rescheduling of an Event, or for material changes to an Event, will be limited to a refund as set forth in Condition 14.
13. “Force Majeure” means any cause beyond Moon Eye Production’s control including, without limitation, 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 defence requirements, acts or regulations of national or local governments and pandemics. Subject to the provisions of Condition 12, Moon Eye Productions will not be liable to You for failure to perform any obligation under the Conditions to the extent that the failure is caused by Force Majeure.
14. The total refund for a Ticket shall be the price paid to the Agent for the Ticket purchased. Personal arrangements including travel, subsistence, hospitality or accommodation relating to the Event which have been arranged by You are at Your own risk. Neither Moon Eye Productions nor the Promoter shall be liable for any loss of enjoyment or wasted expenditure in addition to refunding the price of the Ticket.
15. Moon Eye Productions will not be liable for any loss, injury or damage to any person (including Yourself) or property however caused: (a) in any circumstances where there is no breach of a legal duty of care owed by Moon Eye Productions, (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury as a result of a breach of a legal duty of care owed by Moon Eye Productions); or (c) to the extent that any loss or damage results from breach by You of any of the Terms and Conditions. Unless otherwise stated in this Condition 15, Moon Eye productions’ total liability to You in connection with an Event (including, but not limited to, for any cancellation, rescheduling or alteration of an Event) shall be limited to the price paid to the Agent for the Ticket purchased.
16. Nothing in the Conditions seeks to exclude or limit any liability of Moon Eye Productions for death or personal injury caused by its negligence, fraud or any other type of liability which cannot by law be excluded or limited.
17. You may not re-sell or transfer a Ticket if prohibited by law. In addition, re-sales or transfers of Tickets may be prohibited for certain Events, pursuant to the specific terms and conditions of those Events (for example, but not limited to (a) charity Events, (b) Events where age restrictions apply because of the content of the Event or licensing requirements, or (c) balloted Events). Where a Ticket is offered for re-sale in accordance with the Terms and Conditions, You must provide the buyer with full details of the Ticket. Full details include (if printed on the Ticket) the relevant block or tier, and row and seat number. The buyer of a Ticket must be made aware of the Terms and Conditions and any other terms and conditions that are specific to the Event. You should check whether any special terms or conditions apply before offering a Ticket for resale. Free tickets are often provided for specific reasons limiting their transferability.
18. You may not combine a ticket with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a ticket package (“Ticket Package”) and sell or otherwise transfer (or facilitate the sale or transfer of) such Ticket Package for profit or commercial gain, offer such Ticket Package as an incentive or prize in a promotion or competition, or otherwise dispose of such Ticket Package in the course of a business.
19. Tickets are personal revocable licences and shall at all times remain the property of Moon Eye Productions. Any Ticket obtained in breach of the Terms and Conditions will be void. Any person seeking to use a void Ticket may be refused entry to, or ejected from, the Venue without refund, and may be subject to legal action.
20. Tickets may be restricted to a maximum number per person. Moon Eye Productions, the Promoter or the Agent (as applicable) will notify You of any such restriction at the time of purchase. Moon Eye Productions reserves the right, without prior notice, to cancel Tickets purchased in excess of this number, unless the purchase of an excess was due to Moon Eye productions error.
21. Moon Eye Productions reserves the right to refuse You entry to and/or eject You from the Event and/or Venue (and may take appropriate action to enforce this right) in reasonable circumstances including without limitation (a) for health and safety (including for failure to comply with any measures put in place to combat the spread of Covid-19 including but not limited to (i) requesting that audiences demonstrate their COVID-19 status by providing proof of a negative lateral flow test, proof of full vaccination, proof of natural immunity having contracted COVID-19 within 180 days of arrival at the venue (and after the 10 day self-isolation period following a positive PCR result), and/or (ii) any other entry requirements recommended by government) or licensing reasons, (b) if You behave in a manner which has or is likely to affect the enjoyment of other persons at the Event, (c) if You use or display threatening, abusive or insulting words or mannerisms or behave in a manner which may provoke a breach of the peace, (d) if, in Moon Eye Productions reasonable opinion, You appear to be acting under the influence of alcohol or drugs, (e) if You fail, when required, to produce proof of identity or age, (f) if You refuse to comply with Moon Eye Productions security searches, (g) if You breach the Terms and Conditions, or (h) if Your Ticket is void. No refunds will be given to You if You are refused entry or ejected due to Your own behaviour and/or failure to comply with these Conditions.
22. Moon Eye Productions reserves the right to conduct security searches and confiscate any item which in the opinion of Moon Eye Productions 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 the Terms and Conditions (including those items listed in this Condition 22). You shall not bring all or any of the following into the Venue:(a) Alcohol, (b) Animals/pets (service animals permitted), (c) Audio recording devices, (d) Canes (mobility canes are permitted), (e) Drugs and drug paraphernalia (f) Flammables, (g) Food, (h) Lasers, (i) Professional cameras or video recording equipment, (j) Promotional items (including flyers, samples, giveaways), (k) Sharp objects such as knives or scissors, (l) Selfie sticks/tripods, (m) Torches, (n) Weapons of any kind (including replicas). Notwithstanding anything else in the Terms and Conditions, neither the Promoter nor Moon Eye Productions shall be liable for any loss, theft or damage to confiscated items.
23. You must comply with any and all instructions given to You by Moon Eye Productions and/or all Venue stewards and staff. Moon Eye Productions reserves the right to restrict access to parts of the Venue.
24. If before or during the Event You have a complaint in relation to the Event (including without limitation, in relation to Your ability to view the Event), please speak to Moon Eye Productions or a steward promptly or email us at [email protected]. Moon Eye Productions will use its reasonable endeavours to rectify the situation which is the cause of Your complaint, however under no circumstances shall Moon Eye Productions be under any obligation to rectify the situation.
25. Warning – Prolonged exposure to loud noise may cause damage to Your hearing.
26. The use of professional equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material within the Venue is strictly forbidden. You shall not bring any such equipment to the Venue or to the Event. Any professional recording or transmitting equipment (including professional cameras), unauthorised recordings, tapes, films or similar items may be confiscated and/or destroyed by Moon Eye Productions. Any professional recording made of an Event or part thereof in breach of the Conditions shall belong to the Promoter and You agree to assign any and all rights in any such recordings to the Promoter. Notwithstanding anything else in the Conditions, neither the Promoter nor Moon Eye Productions shall be liable for any loss, theft or damage to confiscated items.
27. By attending an Event You agree to Your actual or simulated likeness being included for no fee within any film, photograph, audio and/or audiovisual recording to be exploited in any and all media for any purpose at any time throughout the world. This includes filming by the police or security staff which may be carried out for the security of customers or the prevention of crime. However, You may object to such use by specific request to [email protected].
28. Smoking within the Venue is strictly prohibited. Moon Eye Productions reserves the right, without refund, to eject any person found smoking in the Venue.
29. You may only leave and then re-enter the Venue during an Event at the discretion of the Venue. Otherwise there shall be no re-admissions or pass-outs of any kind. Depending on the type of Event, every effort to admit latecomers will be made at a suitable time during the Event, but admission for latecomers cannot always be guaranteed.
30. You shall not bring into the Venue or display or distribute at the Event any sponsorship, promotional or marketing materials.
31. You must not leave any bags or other items of personal property unattended in the Venue. Any personal possessions or other items (including without limitation clothing, wallets and mobile telephones), which are found in the Venue, shall be retained by the Venue for a period of 30 days following their discovery. During this period You may collect any item which belongs to You from the Venue upon reasonable proof of identification and ownership. If, upon the expiry of 30 days from the date of its discovery, any item has not been collected by You, Moon Eye Productions reserves the right to dispose of any such items as it sees fit without any further liability to You (notwithstanding anything else in the Conditions). Where possible, any uncollected items will be donated to charity.
33. Except to the extent that Moon Eye Productions is required or permitted by law to do otherwise and save as set out in Condition 27, personal information provided by You to Moon Eye Productions will only be used in accordance with our Privacy Notice, and any consents given by You in relation to Your personal information.
34. Moon Eye Productions shall be entitled to assign all and any of its rights and obligations under the Conditions without notice to You, provided that You are not adversely affected by the same.
35. If it is found by a court that any of the Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
36. Any delay of Moon Eye Productions in enforcing any of the Conditions shall not constitute a waiver of Moon Eye productions rights to do so.
37. Any person, other than the Promoter or the Agent or Venue, who is not a party to the Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Conditions.
38. Nothing in the Conditions and no action taken by You or Moon Eye Productions under the 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 Moon Eye Productions beyond the relationship created under the Conditions.
39. The Conditions constitute the entire agreement between You and Moon Eye Productions in relation to the Tickets, the Event and the Venue, and supersede any previous terms and conditions, agreement or arrangement between You and Moon Eye Productions relating to the same. The Conditions cannot be varied or amended in any respect (unless agreed between You and Moon Eye Productions in writing).
40. You and Moon Eye Productions both agree that it has not entered into the Conditions in reliance of, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity by any person other than as expressly set out in the Conditions. Nothing in this clause shall operate to limit or exclude any liability for fraud.
41. The Conditions do not and shall not affect Your statutory rights as a consumer. For further information about Your statutory rights contact Citizens Advice, Consumer Direct or the Department for Business, Innovation and Skills.
42. If any dispute arises out of the Conditions, Moon Eye Productions will attempt to settle it. To this end Moon Eye Productions shall use its reasonable endeavours to consult or negotiate in good faith,and attempt to reach a just and equitable settlement satisfactory to both parties. Although this does not restrict Your rights to pursue court proceedings, if Moon Eye Productions is unable to settle any dispute by negotiation within 21 days, the parties may attempt to settle it by mediation.
43. The Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts.