In Partnership with BRISTOL ENERGY
Thursday 10th - Sunday 13th August 2017

Terms and Conditions

INTRODUCTION TO TERMS & CONDITIONS

These Conditions apply to all persons entering the Bristol International Balloon Fiesta (Attendees / you) known as Ashton Court Estate (the Fiesta/Fiesta Site). These Conditions are issued by Bristol International Balloon Fiesta Ltd. Acceptance of these Conditions will result in a legally binding contract between you and us which include the terms of the license which we have granted to you to enter the Fiesta Site.

It is your responsibility to familiarise yourself with these Conditions.

These Terms and Conditions of Entry (these Conditions) consist of the general conditions set out in Part I (General Conditions) and the special conditions set out in Part II (Special Conditions).

The General Conditions apply to all Attendees. Unless an Attendee informs Bristol International Balloon Fiesta Ltd that permission to enter the Fiesta Site under one of the categories of Special Condition is required, all Attendees will be admitted on the terms of the General Conditions only. To obtain permission to enter the Fiesta Site under one or more of the categories of Special Condition an entrant must make a specific request to Bristol International Balloon Fiesta Ltd. A person will only be regarded as entitled to enter the Fiesta Site under one or more of the categories of Special Condition where expressly and specifically granted the right to do so by Bristol International Balloon Fiesta Ltd. Special Conditions for the following classes of attendee can be found in Part II of these Conditions:

Balloon Teams, Pilots and their crew
Media Contractors and Licensees
Photographers
Press
Contractors, Trades and Exhibitors

An Attendee may be permitted access to the Fiesta Site on the basis of more than one of the categories of Special Condition. Each category of Special Condition shall take effect without prejudice to the others.

If you do not understand or have any questions relating to these Conditions you should contact Bristol International Balloon Fiesta Ltd without delay for clarification.

Every Attendee entering the Fiesta Site shall be deemed to have accepted all Terms of Entry and shall do so subject to Terms of Entry.

Entry to the Fiesta Site shall be at our discretion. We reserve the right to refuse entry to or expel any person from the Fiesta Site who is, whom we reasonably believe to be, or whom to the best of our knowledge has in the past been, in breach of these Conditions.

The use of any device or communications equipment to capture and disseminate audio, visual, audio-visual coverage of and data relating to any race or fixture is strictly regulated by these Conditions. Please see Condition 10.

Our liability under these Conditions is limited. Please see Condition 14.

PART I – GENERAL CONDITIONS

The following General Conditions apply to all Attendees.

1. The Effect of these Conditions and Variations

1.1 All Attendees who enter the Fiesta Site (including all surrounding land, car parks and other facilities which are under the ownership and/or control of the Fiesta) shall be deemed to have accepted these Conditions. Attendees are admitted to the Fiesta Site strictly subject to these Conditions. There are no exceptions.

1.2 Whilst these Conditions are intended to be comprehensive, Attendees are admitted to the Fiesta Site on the basis that they will comply with both the letter and the spirit of these Conditions.

1.3 All Attendees are permitted access to the Fiesta Site at our discretion and must conduct themselves on the Fiesta Site in accordance with all reasonable rules, requests and guidelines which we may publish and impose from time to time. We reserve the right to amend and supplement these Conditions by publishing additional and supplementary conditions and guidelines from time to time (Variations). Variations will be effective to vary these Conditions on such basis as we may stipulate and may be of permanent or temporary effect. Variations will become effective once they have been notified to you.

2. Tickets, Passes, Accreditation and Other Entitlements to Enter the Fiesta Site

2.1 Passes, Accreditation, tickets and other entitlements to enter the Fiesta Site are non-transferable. They may not be transferred, sold, offered for sale, coupled or bundled with any other product or services or used for any commercial or promotional purpose whatsoever without our consent (which we may withhold in our absolute discretion).

2.2 All passes, tickets and other entitlements issued by us or on our behalf shall remain our property at all times. We reserve the right to require the immediate return of all passes and tickets at any time.

2.3 These Conditions apply to all Attendees irrespective of whether or not an Attendee has paid for admission and whether or not an Attendee has been issued with a ticket (of any type), document or entitlement to enter the Fiesta Site.

2.4 We are entitled to impose these Conditions of entry on ticket and pass holders and all other Attendees in addition to any terms and conditions to which a pass, ticket or other entitlement may have been issued or granted. Holders of pass, ticket or other entitlement may only enter the Fiesta Site subject to these Conditions. In the event of any inconsistency between these Conditions and any terms and conditions upon which any pass, ticket or other entitlement has been issued these Conditions will prevail.

2.5 No refund shall be given in respect of any unused part of any pass, ticket or other entitlement.

2.6 Any Attendee holding any pass, ticket or other entitlement will be admitted only on presentation of the relevant pass, ticket or other entitlement. Any Attendee who fails to bring his or her pass, ticket or other entitlement to the Fiesta will only be admitted on payment in full of the pass, ticket or other entitlement required for entry.

2.7 Attendees must ensure that badges are securely attached to their person and visible at all times and otherwise show pass, ticket or other entitlement to officials at any time upon request.

3. Lost or Stolen Badges and Tickets

We accept no responsibility for lost or stolen pass, ticket or other entitlement. The Fiesta Site has no obligation to replace a lost or stolen pass, ticket or other entitlement. In the event that we decide to replace a lost or stolen pass, ticket or other entitlement we may charge a fee to do so.

4. Access

4.1 Permission to enter the Fiesta Site does not constitute guaranteed entry to any particular area of the Fiesta Site or any buildings or facilities. We reserve the right to refuse or condition access to areas of the Fiesta Site from time to time and on a temporary or permanent basis.

4.2 Unless we give specific permission (either in the Special Conditions or otherwise from time to time) Attendees are prohibited from entering the Members Enclosure, Production Compound, Site and Infrastructure Compounds, Launch Field, Balloonist Enclosure and any other areas marked private or to which we may restrict access from time to time.

4.3 Children under twelve must be accompanied by an adult whilst in the Launch Field.

4.4 No pass, ticket or other entitlement guarantees access to the Fiesta Site or any area of the Fiesta Site.

4.5 The pass, ticket or other entitlement to entry issued to an Attendee may restrict access to certain areas of the Fiesta Site including the various enclosures and compounds. Where a pass, ticket or other entitlement restricts access to some or all enclosures, transfers between enclosures will not be possible.

4.6 No pass, ticket or other entitlement gives any Attendee any right to receive, use or exploit any Fiesta data, audio, visual or audio-visual coverage of the Fiesta. Any coverage or data made available at the Fiesta Site is made available for the personal use and consumption of Attendees only and redistribution to any person outside the Fiesta Site is strictly prohibited.

4.7 Late Gate Arrival Policy.  Last entry to all car park ticket holders is strictly 5.00pm.

5. Conduct of Attendees

5.1 We reserve the right at any time, without prior notice and without providing its reasons to refuse admission to or expel any Attendee who, in our reasonable opinion:

5.1.1 has breached or is likely to breach these Conditions and any Variation (as described in Condition 1.3);

5.1.2 has or is likely to commit an offence or otherwise do anything which is unlawful; and/or

5.1.3 behaves or is likely to behave in an unacceptable or unruly manner or in a manner likely to cause offence to other Attendees.

5.2 All Attendees must follow the reasonable written and/or verbal instructions of Fiesta stewards, other staff and officials and the police or other emergency services at all times.

5.3 Is causing offence or concern to other Fiesta Attendees.

5.4 In the interests of safety we may request to conduct personal body searches of Attendees and/or search their personal belongings. We shall be entitled to refuse entry to or expel from the Fiesta Site any Attendee who refuses to comply with such a request.

5.5 The following items must not be brought onto the Fiesta Site: knives, fireworks, smoke canisters, air-horns, drinking glasses, bottles or other glass or similarly breakable containers, cans, poles and any other article that might be used as a weapon and/or may in our reasonable opinion compromise public safety. Any Attendee in possession of such items will be refused entry to the Fiesta Site or expelled.

5.6 The following are prohibited on the Fiesta Site:

5.6.1 drones and laser pens
5.6.2 any behaviour which may disrupt or impair the experience of other Attendees;
5.6.3 climbing fences, stands or any other structures or buildings;
5.6.4 throwing any object without lawful authority or excuse;
5.6.5 obstruction of gangways, access ways, exits, entrances, stairways and similar places;
5.6.6 damaging or defacing Fiesta property; and
5.6.7 smoking in any designated “No Smoking” areas.

5.7 We reserve the right to designate any and all areas of the Fiesta Site as “No-Smoking” Areas from time to time.

5.8 From time to time we may close parts of the Fiesta site for safety reasons. Attendees are prohibited from accessing these areas.

6. Dress Code

We may at our discretion implement a dress code for particular days of the Fiesta, for specific enclosures and/or any other areas of the Fiesta Site where a particular dress code is required as specified. All Attendees must comply with the dress code for each day, for each enclosure and/or any other areas of the Fiesta Site where a dress code may be in force from time to time. We reserve the right to refuse an Attendee access to any area of the Fiesta Site where a dress code is in force with which the Attendee is not complying.

7. Unauthorised Trading, Advertising, Leafleting and other Commercial or Promotional Activity

7.1 Only those Attendees who have been given express prior permission by us to trade, advertise, distribute leaflets or conduct any other commercial or promotional activities on the Fiesta Site may do so. Trading, advertising, leafleting and commercial or promotional activities by all other Attendees is strictly prohibited. This prohibition extends to and includes:

7.1.1 any unauthorised pass or ticket sellers; and
7.1.2 any person directly or indirectly involved in the collation and/or distribution of any audio, visual, audio-visual coverage of or data relating to the Fiesta at the Fiesta Site.

7.2 We reserve the right to confiscate any equipment, stock or other materials in the possession of any Attendee whilst on the Fiesta Site who is, or whom we reasonably believe to be, involved in unauthorised trade, advertising, leaflet distribution or other commercial or promotional activities.

7.3 We reserve the right to take such legal action (including where appropriate obtaining injunctive and other relief) against or in respect of any person who is in breach of this Condition 7, who has in the past breached this Condition 7 (or any equivalent prior provision) or whom we reasonably believe will breach this Condition 7.

7.4 Where any unauthorised advertising or other sponsorship, promotional or marketing material is distributed to Attendees outside the Fiesta Site including but not limited to items of clothing, we reserve the right to refuse entry to any Attendee in possession of such material and to confiscate such material from Attendees within the Fiesta Site.

8. Removed

9. Food and Drink

Attendees are prohibited from taking food, drink, glass bottles and glasses into the Members Enclosure.  Attendees are asked to clear up their food, drink and litter on leaving the Fiesta Site and place it in available recycling bins, located across the Fiesta site.

10. Use of Camera, Video, Computer and Telecommunications Equipment

As is standard practice across entertainment and leisure venues, the Fiesta seeks to protect its image rights in their terms and conditions of entry. These regulations are in place to ensure that any commercial income streams generated are protected and available to be reinvested into Fiesta.

Whilst the Fiesta do not wish to dissuade customers from taking pictures of their day out, and sharing them on social media, this must remain at a personal and private level. Photographs published for a commercial purpose or on a large scale where they are available for download, even at no cost, cannot be considered as being for personal and private use. Consequently, such photography is not permitted without accreditation.

You may use mobile devices and point-and-shoot or compact cameras to capture images for your own private and domestic use (but you shall not use professional level photography or filming equipment).

Please note: Non-compliance with the following provisions may constitute a serious breach of these Conditions, as a result of which we may have the right to cancel and withdraw any ticket, pass or other entitlements issued to you. Use of cameras, video equipment, laptop and other computer equipment, mobile telephones and other telecommunications devices at the Fiesta Site is strictly controlled and limited. You are not permitted to make any commercial use of any audio/visual coverage, still images or data relating to Fiesta at the Fiesta Site.

10.1 Save as expressly permitted by these General Conditions and any Special Conditions, no Attendee may use any device, technology or communications system to capture, record, store, broadcast, transmit, make available or otherwise disseminate by digital or any other means any still (including photographic), audio, visual, audio-visual coverage or record of, or any data available at the Fiesta Site relating to, the Fiesta at the Fiesta Site. The prohibition shall extend to any coverage or record in any form (including audio/visual and data) of any activity occurring on the Fiesta Site.

10.2 Subject to the following Conditions, Attendees may use devices to capture still images and video for private and domestic use only. The following Conditions apply:

10.2.1 Photography on the Launch Field is strictly forbidden.
10.2.2 Flash photography is also strictly forbidden.
10.2.3 Attendees shall use Stills and video for private and domestic purposes only and no other purposes. In particular, no Attendee shall sell, licence, assign, syndicate, distribute or otherwise exploit or make available any Still or video for gain, profit or any commercial purpose whatsoever, nor shall any Attendee permit any person to do so on his or her behalf.

10.3 Save as expressly permitted by any Special Condition no Attendee may use any mobile telephone, computer or other device or telecommunications equipment or system to capture, store and/or distribute (whether by way of speech or the electronic transmission of any data in any form) any data or information concerning or relating to activity at the Fiesta Site including but without limitation balloon entry, weather or launch information.

10.4 By accepting these Conditions you agree that all copyright and other intellectual property rights in any unauthorised still, audio, visual, audio-visual coverage or collation of data shall be assigned to us. To the extent that these Conditions are not sufficient to give effect to this assignment you will do all such things and execute all such documents as we may require from time to time to give effect to such assignment.

10.5 Save as expressly permitted by any Special Condition Attendees may not use mobile telephones or any other communications device whilst on the Fiesta Site to communicate with anyone outside the Fiesta Site for the purpose of or in connection to flight/balloon launch information.

10.6 We reserve the right to confiscate any camera, video equipment, mobile telephone, radio and any telecommunications or other device (including computer similar equipment) and any media or device upon which any audio/visual content or data may be stored where it has been in the possession or under the control of any Attendee who has breached or is likely to breach this Condition 10 or any person associated with such an Attendee.

10.7 You consent to the Bristol International Balloon Fiesta Ltd, or third parties on its behalf, photographing and filming you and using that photographs/footage

11. Journalists, Publishing and Reporting

Without prejudice to Condition 10, other than persons specifically admitted to the Fiesta Site on the basis of Special Conditions B and/or D (where appropriate) all other Attendees are prohibited from doing those things permitted by Special Conditions D including and extending to the publication, broadcast or distribution by any other means of any composition, report or other material. The prohibition in this Condition 11 applies irrespective of the means of publication, broadcast, distribution and whether or not such means is specifically referred to in Special Conditions D.

12. Media Coverage

All Attendees are reminded that the Fiesta is given coverage on television, radio and in print and various other forms of media. By entering the Fiesta Site Attendees are accepting they may appear in such coverage. Accordingly, Attendees shall have no right to object to their inclusion in any such coverage. Each Attendee will give any additional consents or waivers required for the unrestricted lawful use of any coverage (if any) without request for payment or imposing any other conditions.

External links are selected and reviewed when the page is published. However, Bristol International Balloon Fiesta Limited is not responsible for the content of external websites.

13. Dogs

Dogs are not permitted in any enclosure except for those required for disabled assistance. Where dogs are permitted they must be kept on leads at all times and must not be allowed to foul anywhere on the Fiesta Site. To the extent we are legally able to do so, we reserve the right, if necessary, to force entry into a car to release animals which may be suffering.

14. Loss or Damage

14.1 Any property brought onto the Fiesta Site by an Attendee remains at all times at the entire risk of the Attendee. The Fiesta Site accepts no responsibility for the theft or other loss or damage to Attendees’ property.

14.2 Attendees must accept that, by its very nature, attending the Fiesta is not without risk. Attendees must therefore remain vigilant and exercise a reasonable degree of caution and care for themselves and those around them at all times.

14.3 Subject to Condition 14.4, we shall not be liable for any direct loss arising out of any breach by us of these Conditions where such loss was not reasonably foreseeable by us; nor shall we have any liability for any indirect or consequential loss, damage, costs or expenses, any loss of profits, loss of opportunity or loss of revenue whether foreseeable or not.

14.4 Nothing in these Conditions shall limit or exclude our liability in respect of death or personal injury caused by our negligence or fraudulent act or omission.

14.5 Nothing in these Conditions shall affect the statutory rights of any Attendee attending the Fiesta as a consumer.

15. Parking

All vehicles parked or stored within the Fiesta Site are parked at the owner’s risk and the Fiesta accepts no responsibility for such vehicles.

16. Abandoned or Delayed Fiesta and Other Events Affecting Fiesta

16.1 Hot Air Balloon Launches and Fiesta events may be abandoned at any time in accordance with directions from the Directors, Committee or Flying Committee of the Fiesta, the police or other emergency services. Hot Air Balloon Launches and Fiesta events may also be delayed or abandoned in other exceptional circumstances beyond our reasonable control.

16.2 In the event of any Hot Air Balloon Launches or Fiesta events being abandoned no refunds shall be given.

16.3 Save as set out in these Conditions, we will have no further liability in relation to any abandoned or delayed Hot Air Balloon Launch or Fiesta and its events.

16.5 We give no guarantee that any Hot Air Balloon Launch or Fiesta events will take place; nor do we give any representation or warranty concerning the nature or quality of any Hot Air Balloon Launch or events which may be held at the Fiesta Site.

16.6 Save as provided above, we shall not be liable to any Attendee if and to the extent that any failure or omission by us results from any event beyond our reasonable control such as, but not limited to, war, acts of terrorism, civil disturbance, any order or act of a governmental or regulatory body, fire, flood, severe adverse weather conditions, labour dispute, lock-out, disease, epidemic or other circumstances concerning the healthcare or well-being of humans.

17. Payment Terms

Ticket prices are inclusive of VAT, unless indicated otherwise. The Fiesta Site reserves the right to charge VAT (or any other applicable tax or levy) on any other services supplied including sponsorship and corporate hospitality. There are no refunds for any tickets purchased either over the phone or online, therefore you are advised to select your tickets carefully.

18. Evacuations

In the event of an emergency (bomb scare, fire hazard, etc.) all areas must be evacuated. Please listen to announcements over the public address system. Any emergency should be reported immediately to a member of the Fiesta staff and/or the Fiesta Site Office.

19. Enforcement

We will use our discretion in deciding when to enforce these Conditions. The nature and complexity of Fiesta operations means that we are unlikely to enforce these Conditions in every instance in which there is a breach. However, notwithstanding this we nonetheless reserve the right to enforce (without limitation whether by taking practical steps and/or bringing legal proceedings) in every instance where we deem it appropriate. No failure or delay to enforce, or decision by us not to enforce, should be construed as a waiver of our right to do so.

20. Law

These Conditions shall be governed by the laws of England and Wales.