Updated 3rd August 2020
Read these Conditions
Because we can’t accept your registration and thus make a legally enforceable agreement without further reference to you, it is important to you to read our Conditions carefully and to make sure that they contain everything which you want and nothing that you are not willing to agree to. If you are unsure about any of this please email us at [email protected]
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations (2013) say that we must give you certain key information before a legally binding contract between you and us is made (see the summary box below). We will give you this information in a clear and understandable way. Some of this information is also set out in this contract
Information we will give you
We will give you information on:
- the main characteristics of the services you want to buy
- who we are, where we are based and how you can contact us
- the total price of the services including any taxes
- the arrangements for payment, carrying out the services and the time by which we will carry out the services
- how to exercise your right to cancel the contract and the costs of doing so; and
- our complaint handling policy
The key information we give you by law forms part of this contract (as though it is set out in full here)
If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
- The following words have these meanings throughout the Terms:
Attendee: Any person attending the event
Attendee Code of Conduct: A list of behaviour that all Attendees are required to follow. Contained in the appendix of this document.
Activity: Any task, competition or other event organised by a Tokonatsu Representative
Contract: means the legally-binding agreement between you and us for the sale and purchase of Services which incorporates these Terms
Consumer: means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession
Event outside Our Control: is defined in paragraph 7
Registration: The process of having your name added to the list of Attendees. Only people whose names are registered will be allowed access to The Event.
Services: being allowed entrance to The Event and participation of any organised Activity.
Terms: the terms and conditions set out in this document, including the Attendee Code of Conduct
Tokonatsu Representative: A person appointed by Tokonatsu Ltd to act as their agent.
The Event: The Tokonatsu festival
We/Our/Us: Tokonatsu Ltd Registered in England and Wales with number 08572180 registered office address 29 Beresford Road, Kingston upon Thames, Surrey, KT2 6LP.
- When we use the words "writing" or "written" in these Terms, this will include e-mail unless we say otherwise.
- OUR CONTRACT WITH YOU
- These are the terms and conditions on which we supply Services to you
- Please ensure that you read these Terms carefully, and check that these Terms and any information you provide us is complete and accurate. If you think that there is a mistake, please contact us to discuss this, and please make sure that you ask us to confirm any changes in writing to avoid any confusion between you and us.
- We consider that these Terms and the Attendee Code of Conduct in the Appendix constitute the whole agreement between you and us.
- When you submit your order to us, this does not mean we have accepted. Our acceptance will take place as described in paragraph 2.5.
- These Terms will become binding on you and us when we issue you with a written, at which point a contract will come into existence between you and us.
- We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:
- we cannot carry out the services (this may be because, for example, we have a shortage of staff)
- we cannot authorise your payment
- you are not allowed to buy the services from us
- we are not allowed to sell the services to you
- there has been a mistake on the pricing or description of the services
- CHANGES OUR TERMS
- We may revise these Terms from time to time in the following circumstances:
- changes in how We accept payment from you
- changes in relevant laws and regulatory requirements
- If we have to revise these terms, we will give you at least 14 days written notice of any changes to these Terms before they take effect.
- PROVIDING SERVICES
- The Consumer Rights Act (2015) gives you certain legal rights (also known as ‘statutory rights’), for example:
- the services are carried out with reasonable care and skill; and
- you must pay a reasonable price for the services, and no more if you and we haven't fixed a price for the services
- The Event will be held on dates set out on our website. We will make every effort to ensure that The Event runs on the given dates. However, there may be delays due to an Event outside Our Control. See paragraph 7 for our responsibilities when an Event outside Our Control happens.
- If we have to change the dates for The Event you will be notified in writing.
- We will need certain information from you that is necessary for us to provide the Event, for example, contact information, emergency contact information and information regarding medical conditions, medication or allergies. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we shall terminate your registration by giving you written notice as set out in paragraph 9.2. We will not be liable for any delay, non-performance where you have not provided this information to us after we have asked.
- PRICE AND PAYMENT
- The price of Registration will be set out on our website as in force at the time when we confirm your registration. Our prices may change at any time, but price changes will not affect you if you are already registered.
- These prices include VAT. However, if the rate of VAT changes between the date of the Registration and the date of the Event, We will adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT
- You may make payment by Stripe or via iZettle
- Full payment will be due within 14 days of receiving our written confirmation of Registration as set out in paragraph 2.5.
- We may allow you to pay by way of instalments. If we do we will set out our terms in writing to you upon request.
- You may upgrade your Registration at any time up to 1 week before the Event.
- If you would like to downgrade your Registration to a cheaper price, you may do as long as:
- You have not fully paid for your registration as per paragraph 5.4.1.
- The amount you have paid does is not above the cost of the reduce priced Registration.
- OUR LIABILITY TO YOU
- We do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, fraud or fraudulent misrepresentation.
- Subject to paragraph 6.1, we are not liable for loss which was not reasonably foreseeable to both you and us at the time when the Contract was made, or (loss which relates to your business, trade, craft or profession to the extent that it would not be suffered by a consumer. This is because we believe that you are not buying the Services wholly or mainly for the purposes of your business, trade, craft or profession).
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event outside Our Control.
- An Event Outside Our Control means any act or event beyond Our reasonable control, including but not limited to, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks
- If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside Our Control. Where the Event outside Our Control affects our performance of Services to you, we will restart The Event as soon as reasonably possible after the Event outside Our Control is over.
- You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Services. Please see your cancellation rights under paragraph 9.
- YOUR CANCELATION RIGHTS
- You have the right to cancel this contract up to 14 days prior to The Event dates without giving any reason
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or email)
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired
- If you cancel your Registration under paragraph 8 and you have made any payment for the Registration We will make the reimbursement without undue delay, and not later than 14 days after the days on which we are informed about your decision to cancel this contract.
- Any ticket cancellations will be subject to a deduction of a £4 administration fee. This is to cover the costs incurred by our payment processor.
- If you cancel this contract within 28 days of The Event refunds will be subject to a deduction of a £10 administration fee in addition to the fee in 8.5. If you cancel within 14 days of The Event, you will not be eligible for a refund.
- OUR CANCELATION RIGHTS
- We may have to cancel your registration before the event, due to an Event outside Our Control or the unavailability of adequate spaces, key personnel or key materials without which we cannot provide the Services or run The Event. We will promptly contact you if this happens.
- If we have to cancel an Order under paragraph 9.1 and you have made any payment in advance for Services that have not been provided to you, we will refund these amounts to you.
- We may cancel your Registration at any time with immediate effect by giving you written notice if:
- You do not pay us when you are supposed to as set out in paragraph 5.3.
- You provide fraudulent or misleading information
- You are found to be collecting multiple Registrations for commercial, malicious or business purposes.
- You fail to provide the information required as set out in Paragraph 4.3
- You fail to follow the Attendee Code of Conduct contained in the Appendix
- You break this Contract in any other material way and you do not correct or fix the situation within a reasonable amount of time.
- If we cancel your registration for any of the reasons set out in Paragraph 9.2 after the start of The Event and you have made any payment you will not be entitled to a refund.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- We are an outdoor festival for the promotion of Japanese animation, culture and art in the community.
- If you have any questions or if you have any complaints, please contact us. You can contact us by e-mailing us at [email protected]
- If you wish to contact us in writing, or if any paragraph in these Terms requires you to give us notice in writing (for example, to cancel your Registration), you can send this to us by e-mail at [email protected] we will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us.
- DATA PROTECTION AND PRIVACY
- We can use your identity and other information about you which you give to us only to help us to comply with our duties under the law, to provide the Services and handle your payment for them and, if you give us your prior consent, to tell you about our products and services, on condition that we stop as soon as you tell us in writing to stop. We promise to use reasonable care to keep that information confidential. You promise that the information that you give to us is true and, if it changes, you will tell us promptly
- OTHER IMPORTANT TERMS
- We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
- You may only transfer your rights under this contract to another person if we agree in writing.
- If we do agree to transferring your rights there will be an administrative charge of £5.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- This Contract will be governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or where you live in Scotland or Northern Ireland.
- We will try to avoid any dispute and make sure you are happy. If you have any complaints please contact us by email at [email protected]
Appendix 1 - Attendee Code of conduct.
i. Attendees will be respectful of all other attendees, including all of our volunteers, vendors, and suppliers.
ii. Attendees will abide by all applicable UK laws, especially those regarding the use of illegal drugs, alcohol and tobacco.
iii. Attendees will show respect to the campsite grounds, facilities, installations and the surrounding wildlife.
iv. No Attendees with carry out any commercial or business activities without our written permission.
v. No Attendees will bring any fireworks or any other similar objects onto the campsite.
vi. Attendees will not bring onto the campsite’s grounds any cooking, heating or gas powered appliances.
vii. Attendees will abide by any decision made by us with regards to matters concerning the behaviour and wellbeing of the Attendees.
viii. Attendees will not bring any pet or any animal to the Event.
ix. All Attendees will have access to a minimum of 2 Tokonatsu representatives, at any point during the festival.