PLEASE READ THE FOLLOWING INFORMATION CAREFULLY
1.1 The following Terms and Conditions apply to the Visit Eastbourne E-Shop (E-Shop) located through www.visiteastbourne.com (Visit Eastbourne). Your use of E-Shop represents your acceptance of these in full. Therefore if you do not agree to the Terms and Conditions of Use you must not use the E-Shop.
1.2 As of 1 January 2012 the following Terms and Conditions of Use replace those effective from May 2009 and may be further revised at any time without notice by updating this page. It is your responsibility as a user of E-Shop to check this website from time to time to review the Terms and Conditions of Use, because they are legally binding on you.
1.3 All enquiries relating to these Terms and Conditions of Use should be sent to Tourism Development, Eastbourne Borough Council, 1 Grove Road, Eastbourne, East Sussex BN21 4TW.
2. Access to this Website
2.1 While Eastbourne Borough Council (the Council) endeavours to ensure that Visit Eastbourne is available 24 hours a day, the Council shall not be liable if for any reason this website is unavailable at any time or for any period.
2.2 Access to Visit Eastbourne may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Council's control.
3. Council as Agency
3.1 In addition to selling its own products (Council Products) in Visit Eastbourne?s E-Shop, the Council operates as an agency for the sale and purchase of products supplied by third parties (Supplier) and applies to any third party products (Third Party Products) including tickets, attraction passes, activities, goods, souvenirs or other products (Product).
3.2 This agency service means that the final contract for your purchase of a Third Party Product will be between you and the Supplier, not you and the Council. There is a difference between the agency services the Council provides in helping you find the Third Party Product and acting as the Supplier?s agent in enabling the sale, and the Supplier?s provision of the Third Party Product itself.
3.3 In most cases this will mean that there are additional terms and conditions governing the contract for your purchase as each Supplier may have its own terms and conditions which will form part of the contract you make with the Supplier when you purchase a Third Party Product.
3.4 All additional terms and conditions will be available to you from the Visit Eastbourne website before you complete your purchase. Please ensure you have read these before completing your transaction.
3.5 Where the Council acts as agent for third party suppliers, this will mean that the Council has no contractual liability to you in respect of your purchase. If there is a problem with a Third Party Product, then your contractual or statutory remedy will lie with the Supplier, not the Council.
4. Buying a Product on Visit Eastbourne
4.1 The listing of Third Party Products on Visit Eastbourne is not an offer by the Council to sell that Product, but an invitation to you to purchase the Third Party Products from the Suppliers listed on the E-shop.
4.2 You can make a purchase request for any Product by submitting an Online Order Form to conclude your purchase through E-Shop. The Council is free to accept your offer on its own behalf or on behalf of the Supplier or to reject it.
4.3 If you make a purchase request for a Product which contains alcohol or for which purchase is age restricted, you must have attained at least eighteen years of age. By making such a purchase request and therefore agreeing to these Terms and Conditions of Use, you confirm that you are at least eighteen years of age.
4.4 The E-Shop service available on Visit Eastbourne allows you to submit purchase and booking requests on-line. When you submit a request, your name, contact details, on-line payment details as well as any product or services you purchase will be sent to the relevant Supplier.
4.5 You should check the price for a particular Product and confirm any additional costs and expenses, including value added tax that may be payable before you proceed with any purchase request.
4.6 Your request will not be confirmed until you receive verification that it has been successfully received and accepted.
5.1 Cards and payment accepted by the Council and Supplier will be stated in each individual E-shop section. For Product orders processed by the Council on behalf of the Seller and for Council Products, Maestro (non- UK), Mastercard, Solo, Switch/UK Maestro, Visa, Visa Debit/Delta are currently accepted.
5.2 Please ensure that the details you give match those on your credit card billing statement.
5.3 The Council reserves the right to cancel a booking or order if payment is declined or incorrect cardholder details and billing information have been supplied.
6. Confirmation E-mail
Following a successful purchase you should be sent confirmation via e-mail, which will contain a unique booking number. If you are buying tickets or passes it is important that you print off the confirmation page of the booking section. This may be requested upon arrival at the attraction or event.
7. Your details
Please ensure that upon receipt of the confirmation e-mail or any other such confirmation from the Council, you check the details carefully to make sure they accord with the terms of sale and, where necessary, with this agreement. If they do not, please contact us immediately on email@example.com to highlight your concern. It is your obligation to assist the Council to mitigate any potential loss caused by any errors giving us adequate notice of any problem.
8. Changes to details you have provided us with
8.1 It is important that all the information you give when you contact the Council or when you use the Visit Eastbourne website, is correct. This includes ensuring that we have your correct contact details (including e-mail address) at all times.
8.2 It is your responsibility to inform the Council of any changes by e-mailing firstname.lastname@example.org as soon as possible. The Council shall not be held liable for sending you any relevant information where you have provided incorrect or redundant contact details.
9. Venue rules and ticket return policies
9.1 All event tickets and attraction passes are sold subject to the rules and regulations of the venue, the producers or the management and in accordance with the Supplier?s terms and conditions.
9.2 If you are unable to attend the event or the attraction you should immediately contact the individual supplier with respect to any returns or resale policy that they may have; your right to return tickets or resell them will be governed by the applicable terms and conditions of the relevant supplier and or any rules and regulations of the venue, the producers or the management.
10. Cancellation or rescheduling of performances
10.1 Times for events and opening times for attractions may be subject to change. It is your responsibility to check whether an event performance or activity has been cancelled or rescheduled.
10.2 Where you have purchased outdoor activities or an activities package, which is subsequently cancelled with at least 2 weeks in advance, you will be refunded in full for that activity.
10.3 In the event of cancellation of your activity or activity package at short notice (eg due to bad weather) an alternative indoor activity will be offered. You will therefore receive either a full refund for the cancelled activity or a partial refund based on the cost of the alternative activity should you choose to accept this.
10.4 The Supplier of the service will use reasonable efforts to contact you in the event of cancellation.
10.5 The Council will not be held responsible for any cancellation or postponement for an event or performance organised by a Supplier.
11.1 Purchased Products will normally be dispatched within 4 working days, subject to availability.
11.2 As third party e-shop Products are usually dispatched by individual Suppliers, you may incur a separate delivery charge for each item you order. This is the case even if you order a number of items from the same Supplier at the same time.
11.3 To calculate the total delivery charge, the online booking system adds together the appropriate delivery rates for each item.
11.4 There is no charge for delivery of some tickets as an electronic confirmation is generated at the time of booking. A printed version of the electronic confirmation should be handed in at the attraction/event or Tourist Information Centre on arrival.
11.5 Some tickets will be posted and therefore delivery charges may apply.
11.6 Details about delivery are displayed as part of the description and on the booking screen of the relevant Product.
11.7 If you receive an item that is different to what was described you must immediately contact the relevant supplier directly and in any event within seven days of receiving the delivery.
12. Financial Details
12.2 The Supplier and the Council shall be entitled to deduct any sums due under any contract you enter into with them, using these payment details.
12.3 Please note that notwithstanding that you have entered financial details in your purchase request, you may not be able to pay for a Product by credit or debit card in all cases, dependant on the Council or the Supplier's ability or willingness to accept credit or debit card payments.
13.1 Acceptance of any purchase request is entirely at the Council?s discretion or that of the Supplier and the Council accepts no liability for;
a) any failure by a Supplier to receive or accept a purchase request or to provide a Third Party Product to you;
b) any damage suffered by any visitor to any of the properties or attractions listed on Visit Eastbourne arising out of any purchase request or any visit to such properties or attractions.
13.2 Please note that if you fail to take up any Product that you have booked, you may be charged a cancellation fee or any deposit / payment that you have made may be retained.
13.3 Whilst the Council endeavours to ensure that the information within Visit Eastbourne is correct as at the date it is posted, the Council does not warrant the accuracy and completeness of the material and accepts no liability relating to its subsequent use.
13.4 To the maximum extent permitted by law, the Council excludes all liability (direct or indirect) for any kind of loss or damage that may result to you or a third party whether arising in Tort (including without limitation negligence), Contract or otherwise.
13.5 Nothing in these Terms and Conditions of Use shall exclude or limit the Council's liability for death or personal injury, fraud, or any liability that cannot be excluded or limited at law.
14 Severability of Terms
If any provision of these Terms and Conditions of Use are held by any court or other competent authority to be void or unenforceable in whole or part, then the other provisions of these Terms and Conditions of Use shall continue to be valid.
The failure to exercise or delay in exercising a right or remedy provided by these terms and conditions or by law does not constitute a waiver of any other rights or remedies.
16. Statutory Rights
These Terms and Conditions of Use do not affect your statutory rights.
These Terms and Conditions of Use shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.