Terms & Conditions of Festival Ticketing and Entry

These are the Terms and Conditions for Sundown Malta

Last updated 11th November, 2023

Definitions

  • “Event” and “Festival” mean Sundown Malta
  • “Event Rules” means all rules which apply in connection with the Event in addition to these Terms and Conditions which are either communicated by us or on our behalf in writing, online or otherwise in advance of the Event or displayed at the Event site;
  • “the Promoter”, “we”, “us” and “our” means GMED Projects Ltd. and any associated promoter(s) of the Event;
  • “ticket” means any valid ticket or wristband which permits you to attend the Event or any valid wristband for which you have exchanged your ticket at the Event;
  • “Venue” means any event venue listed on our event website; and
  • “you”, “your”, “ticket holders” and “guests” means you as the ticket holder.

 

Status of Terms and Conditions

These Terms and Conditions incorporate and should be read in conjunction with, the terms and conditions of our authorised ticketing agents/providers, SEE Group Limited. You may find their terms and conditions on their website www.seetickets.com. In the event of any inconsistency between these Terms and Conditions and the terms and conditions of the ticket agent, these Terms and Conditions shall prevail.

All tickets are sold subject to these Terms and Conditions. Purchase and/or use of a ticket/s to enter the Event constitute acceptance of these Terms and Conditions on your behalf and on behalf of any person for whom you are purchasing tickets.

The Promoter reserves the right to vary these Terms and Conditions from time to time without notice and at our sole discretion. Updates will be published on the Event website www.sundownmalta.com .

Any directives or statements printed on the tickets, or posted or announced at the Event, also form part of these Terms and Conditions.

In the instance of a breach of any of the Terms and Conditions, the Promoter reserves the right to cancel the ticket/s and eject the offender/s and retain all monies paid.

Age Policy

Only persons aged 18 or over are permitted to enter the Event.

Anyone aged 18+ must provide ID and may enter the festival unaccompanied. Persons under 18 years age will not be allowed to enter the event.

We only accept the following forms of ID: Valid Photo Driving Licence, Valid National Identity Card, Valid Passport. Any form of ID must be original. No copies or photos will be accepted. We reserve the right to refuse admission if, in our opinion (including that of any third parties instructed by us) there is any doubt that the ticket holder is under the applicable entry age requirement. In such instance, you will not be entitled to a refund and your ticket will be invalidated.

The legal drinking age in Malta is 18+. We and our suppliers operate a strict policy across all bars at the Event and valid ID may be required to buy and drink alcohol, should there be any doubt that the person buying or consuming the drink/s is under the applicable drinking age in Malta.

Anyone under the age of 18 caught drinking or in the possession of alcohol will have the alcohol confiscated and will be ejected from the Event without any refund.

Anyone over the age of 18 caught buying alcohol for someone under the age of 18 will be ejected (together with, at our discretion, anyone in the same party) from the Event without any refund.

It is your responsibility to check the suitability of the Event for you and anyone in your party regardless of official age restrictions, this includes considering the type of audience the Event is likely to attract and whether such an audience is a suitable environment for you and anyone in your party. You will not be entitled to a refunds if any aspect of the Event, including the behaviour of other attendees, causes offence to you or any children on whose behalf you have purchased ticket

Ticket Purchase

Only customers holding a valid ticket will be admitted to the Event. You must retain your ticket on you at all times during the Event. If you are using a mobile ticket, it is your responsibility to ensure you have a sufficiently powered mobile device enabling you to show your ticket for the entire duration of the Event.

Tickets are not exchangeable, refundable or transferable. Any attempt to exchange or transfer your ticket in breach of this clause shall result in your ticket (and the ticket of anyone in your party) being void (resulting in the ticket not being valid for entry, and, if already entered, ejection from the Event) without refund.

Tickets, wristbands and/or other forms of accreditation to the Event are personal, revocable licences and shall at all times remain the property of the Promoter. For security purposes, we reserve the right to recall any accreditation at any time.

You are prohibited from using your tickets as part of any promotion, competition, advertisement or give away, or as part of any product or service package, or for commercial gain, without the express written permission of the Promoter. Any attempt to do so will result in your ticket (and the ticket of anyone in your party) being void (resulting in the ticket not being valid for entry, and, if already entered, ejection from the Event) without refund.

The Promoter is not liable for lost, stolen or defaced tickets or wristbands. If you lose or damage your ticket or wristband, you will not be able to re-enter the Venue/s. All tickets and/or wristbands will be checked when entering and leaving the Venue/s. Replacement wristbands will only be issued at the box office if the original wristband is still on the customer’s wrist at the time of request and may incur a charge.

Ticket price and availability may be subject to change without notice prior to purchase.

Your ticket may be invalidated without refund if any part of it is removed, defaced, altered or damaged, whether accidental or not. It is your responsibility to keep your ticket safe and in its original condition.

Upon purchase, please check tickets carefully as mistakes cannot always be rectified after purchase. Should you realise you have made a mistake during the purchase process, please contact your point of purchase as soon as you realise so that we may try to assist you. We may not be able to respond to such requests for assistance during or immediately prior to the Event.

Tickets are not issued on a sale or return basis and refunds will not be made on returned tickets unless provided for under these Terms and Conditions.

Ownership or possession of a ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the ticket.

Entry Policy

All ticket holders and attendees must consent to a security search of persons, clothing, bags and any other items deemed necessary both at the entrance gates to the Venue/s, and generally during the course of the Event. Refusal to consent to such searches will result in the non-consenting ticket holders being denied entry (resulting in the ticket not being valid for entry, and, if already entered, ejection from the Event) without refund.

Prohibited items or any items that the Promoter or third parties acting on its behalf (such as security) deem to be either; a risk to the safety, security or enjoyment of others; unsuitable to be taken to the Event; or, may be used in an illegal or offensive manner (regardless of whether or not the item itself is illegal) are not permitted to be taken into the Venue/s. In certain circumstances, entirely at our discretion, we may allow you to dispose of such items in order that you may be admitted to the Event. In such circumstances, the items will be disposed of in any matter we think appropriate and you will not be entitled to recover such item at a later time.

Ticket holders may be ejected if found in possession of prohibited items inside the Venue/s. Prohibited items include but are not limited to:

  • Food and Drink. (No food or drink can be taken into Venue/s). If you have any specific dietary requirements that we don’t cater for at the Event, we do allow a reasonable amount of food to be brought into the Venue for personal consumption. This must be confirmed with us in advance of the Event by writing to us. Contact information can be found in the Event’s website. Any food and beverage service provided during the event, is provided by the Venue operators.
  • Drugs / Controlled / Psychoactive Substances – illegal drugs, Nitros Oxide, ‘Legal Highs’ or any associated paraphernalia;
  • Weapons (or anything that could be considered a weapon in our opinion or that of our third-party suppliers);
  • Animals
  • Bicycles, roller-skates, skateboards, scooters, personal motorised or non-motorised vehicles, except for wheelchairs;
  • Items considered to be dangerous or inappropriate in a festival environment, including, but not limited to; glass in any form, spray cans, gas canisters or compressed gas in any container, fireworks, flares, candles, smoke canisters, chinese lanterns, camp-fires, explosives, firearms, knives or blades, replica weapons of any sort, large golf umbrellas, stools, parasols, sports equipment, flags and banners, megaphones, amplification equipment, speakers, klaxons, airhorns, laser devices, remote controlled drones, hi-visibility tabards or similar.
  • Any other items that may be listed separately on our website.

Moshing, crowd surfing, climbing on Event structures or existing park landscape and anti-social behaviour of any sort is not permitted.

No refunds will be offered to customers who are refused entry or ejected from the site at the discretion of the Promoter.

If you are refused entry to the Event, or have been previously ejected, you may not purchase another ticket or otherwise gain entry.

Failure to produce the appropriate receipt/ticket or pass, when so requested, may result in ejection from the Event, without later claim or compensation.

There are no pass outs and no re-admission after first entry to the Event for any ticket holders. For Weekend ticket holders, upon leaving the event each day, there will be no re-admission until the following day.

To ensure the safety of our attendees, from time to time we may have to restrict exit from certain gates and at certain times.

Filming, Photography & CCTV

Unauthorised photography, video, audio recording and transmission of the Event, the performers and the performance for professional purposes or financial gain is strictly forbidden.

Professional audio and imaging equipment are not permitted to be brought to the Event.

Ticket Holders consent to being photographed, filmed and sound recorded as an audience without payment, and to their image being exploited in any and all media for any purpose at any time throughout the world by the Promoters who shall own the copyright in all such recordings. All personal data will be processed in accordance with our Privacy Policy.

CCTV may be in operation across the Venue/s. Images are recorded for the prevention of crime and disorder. If requested, images will be passed directly to the Police.

Trading & Commercial Activity

Only those specifically authorised by the Promoters to undertake trading, marketing or commercial activity at the Event may do so.

Unauthorised Ticket Agents and Touting

Tickets bought from unauthorised agents are not valid and admission will not be granted to the Event if you attempt to use any ticket bought from unauthorised agents. To be as safe as you can and to avoid obtaining an unauthorised ticket, follow these simple guidelines. Please note that these guidelines are not intended to be an exhaustive list of precautions which you should take to avoid obtaining an unauthorised ticket:

  • Do not buy from an unofficial ticket agent. SEE Tickets is the official ticket agent of the Event. We may also sell tickets directly for corporate or group bookings. If you are in doubt as to whether or not a ticket agent is authorised please contact us in advance of the ticket purchase and we will be happy to assist. For more information, you may contact us on [email protected] .
  • Read all terms and conditions provided by the official ticket agent/s before purchase.
  • If there are no tickets available, do not be tempted to buy from unofficial ticket agents, instead, contact us for availability and guidance.
  • Do not buy from internet auction sites or exchange/buy tickets on social networking sites such as Facebook.
  • Do not buy from a website with no registered address shown.
  • Do not buy from another individual or tout, either in advance of, or outside, the Event.
  • If we are aware that you have bought tickets anywhere other than from official authorised agent/s or outlet/s you will not be granted access to the Event.

Tickets are non-transferable, which means that once purchased you cannot sell them on to others, charges may apply and you must read the terms carefully before accepting, we are not responsible for any such charges). The Promoter will be unable to assist you if you have bought from an unauthorised source, as we will have no purchase history available for the ticket.

If you do encounter problems contact your credit card issuer as soon as possible.

Occasionally, due to genuine circumstances, you may find yourself with a spare ticket. Please do not be tempted to sell it on an unauthorised auction site or to sell to a ticket tout or unauthorised online agency. If you do the purchaser may not be able to enter the Event (under the Terms and Conditions) for the reasons set out above. Should this happen you may find that the purchaser brings a legal claim against you for selling a ticket which does not permit access to the Event.

We reserve the right to cancel any ticket booking which we reasonably believe to have been made with a view to resell such tickets, or, where the ticket has been purchased using fraudulent means, such as credit card fraud.

Tickets may be restricted to a maximum number per person per credit card or per household. These restrictions will be notified to you by our ticket agent/s / provider/s and on our website before you make your booking. We reserve the right to cancel tickets purchased in excess of this number without prior notice to you of such cancellation.

Tickets obtained in breach of these Terms and Conditions shall be null and void and the Promoter may refuse admission to, or eject you from, the Event. Any person seeking to use a void ticket in order to gain or provide entry to an Event will be considered to be a trespasser and will be ejected and liable to legal action. Void tickets are non-refundable.

Refunds

The Promoter/Venue Owner may postpone, cancel, interrupt or stop the event due to adverse weather, dangerous situations, or any other causes beyond his reasonable control. In the event of event postponement, ticket holder will be offered the option to use their ticket/s to the new dates announced.

In the event of a cancellation, postponement or “Material Alteration” of the Event (defined below) you may be entitled to a refund in accordance with the terms and conditions or refund policy of the authorised ticketing agent/s / provider/s from whom you purchased a ticket. Where the cancellation takes place part-way through the Event, you may be entitled to a refund of part of the face price which you paid for the ticket which shall be determined at our reasonable discretion. You will not be entitled to a refund in any other circumstances.

Unless the authorised ticket agent states otherwise, you will not be entitled to a refund of booking fees or taxes.

Personal arrangements including travel, subsistence and accommodation in relation to the Event which have been arranged by you are made at your own risk and neither the authorised ticket agent nor the Promoter will have any liability for any such loss of enjoyment or wasted expenditure in the case of a cancellation, postponement or otherwise.

A “Material Alteration” is a change which, within our reasonable opinion, makes the Event materially different to the Event which purchasers of the ticket could reasonably expect. Unless the Event you are attending is a concert with a clear headline act (i.e., not a festival), changes to acts and the use of alternative acts or performers shall not be considered a Material Alteration. A change to performance times is not considered a Material Alteration. A Material Alteration is judged by reference to the nature and billing of each Event. The Event is judged by reference to the overall theme rather than the individual act scheduled to appear. No scheduled acts may be considered as headline acts regardless of their relative fame or prominence on the billing, and so cancellation by an artist will not entitle you to a refund, regardless of their position on the bill.

In the event that you may be eligible for a refund (refund in accordance with the terms and conditions or refund policy of the authorised ticketing agent/s / provider/s ), to claim your refund please refer to the terms and conditions of the authorised ticketing agent/s / provider/s from which you purchased your ticket for details of how to claim a refund or to any communication received from the authorised ticket agent and/or us by e-mail. social media, media or other means. The point of sale may not make a refund if you fail to follow the instructions provided within the notified timeframes.

Any Refunds will only be made to the person who purchased the tickets.

It is your responsibility to check that the Event has not been cancelled, rescheduled or made the subject of a Material Alteration. Information on such matters will be made available on behalf of the Promoter as soon as reasonably practicable on the Promoter’s website and/or at the Event venue/s. Customers are advised that the website cannot always be updated immediately and that circumstances giving rise to cancellation, postponement or Material alterations can sometimes arise immediately prior to an Event. We advise you to check before you travel.

Tickets will not be refunded where they have been used to gain entry to an Event or where you are able to and choose to attend a postponed Event.

Any reduction in price, discount or promotional offers, either to the face value of the ticket or otherwise, will not qualify for a refund or partial refund and can only be carried forward to future events at the Promoter’s discretion.

Further Information

The Event is subject to licence.

The Promoter reserves the right to refuse you entry to and/or eject you from the Event. In particular but without limitation you may be refused admission to or removed from the Event for any of the following reasons: for health and safety or licensing reasons; if you behave in a manner which has or is likely to affect the enjoyment of other persons at the Event; if you use threatening, abusive or insulting words or mannerisms; if, in the Promoter’s reasonable opinion, you are acting under the influence of alcohol or drugs; if you fail, when required, to produce proof of identity or age; if you refuse to comply with the Promoter’s security searches; if you breach these Terms and Conditions; and/or if your ticket is void.

If before or during the Event you have a complaint in relation to the Event, please contact the Promoter or a steward promptly since complaints are very difficult to deal with after the Event.

You must comply with any and all instructions given to you by the Promoter and/or stewards and staff at the Event.

Whilst every effort is made to ensure that the full, advertised billed performances take place, the Promoter reserves the right to change the published bill and/or running times without notification. This includes, but is not limited to, artists and billed attractions. Tickets are for the Event and not a specific artist.

Any published start and finish times of a performance at an Event are estimates only and are subject to change. The Promoter shall not be liable for any change of a published start or finish time. It is your responsibility to make appropriate arrangements to ensure that you arrive at the Event in sufficient time (taking into account time required for queuing and searching to enter the Event) in case the Event or the performance you wish to see starts earlier than the published time or otherwise to ensure you are able to stay until the close of the Event or performance should you wish to if it overruns. We will not be responsible to make any refund or meet the costs of any alternative travel arrangements or for any loss of enjoyment or other indirect loss as a result of an Event not running to the precise advertised times or for your late arrival at the Event.

There will be no admission to the Event before the designated opening times on any day of the Event. Box Office times to be detailed on the Event’s website in the week before the Event (at the very latest).

All guests are asked to observe and comply with safety advice, site signage and ‘No Smoking’ areas. In accordance with Smoke-Free Regulations, the Event Venue/s and other areas of the Event are designated ‘No Smoking’ areas. Normal statutory rules and regulations apply and should be observed at the Event and failure to do so may result in ejection from the Event.

You shall not bring into the Event or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing materials.

Access to areas within the Event are subject to capacity and the Promoter accepts no liability and will not offer any refunds if you are unable to attend a specific performance due to it being at maximum capacity. You may be required to queue so please arrive early to avoid disappointment.

The Promoter reserves the right to implement any restrictions/conditions deemed necessary before and during the Event to ensure the safe management of the Venue.  You must at all times comply with any and all instructions given to you by Event staff and stewards.

The Event/s (or parts thereof) may take place outdoors, or on a site which may be uneven in places and conditions underfoot may be affected by weather and heavy footfall. You should take reasonable precautions to avoid suffering injury, including, without limitation, wearing sensible shoes and taking care in areas where ground is uneven or has been affected by adverse weather. Please bring suitable clothing and footwear. No refunds will be given due to inclement weather.

Strobe lighting, lasers and smoke / haze effects and other special effects may be used in some performances.

Ticket Holders accept that exposure to loud music over periods of time can cause damage hearing. It is the Ticket Holders responsibility to ensure that they protect themselves from such exposure if so required.

Official merchandise is usually only available inside the Event site and online through authorised channels. The Promoter does not accept any responsibility for the sale of merchandise outside of the Event site or through unauthorised channels.

The Promoter will not accept responsibility for any damage or loss of personal items at the Event.

Access Requirements

The Promoter offers one free ticket for a personal assistant to accompany a ticket holder with access requirements. We will require you to provide valid documentation of your accessibility requirements before issuing the P.A. free ticket. For more information, you may contact us on [email protected]

If you have access requirements please contact us as far in advance of the Event as possible. If you have not notified the Promoter of your access requirements in advance we cannot guarantee that we will be able to cater to your needs though we will use reasonable endeavours to do so.

Liability

You agree that the Promoter, its servants or agents will not be liable to you for any loss, injury or damage to any person (including you) or property however caused (including by the Promoter or its servants or agents) in any circumstances unless due to the negligence or wilfull or malicious act of the Promoter, its servants or agents.

You agree that the Promoter shall not be liable to you for any indirect or consequential costs, claims, actual or alleged losses howsoever arising out of or in connection with the Event and/or our obligations under these Terms and Conditions including, but not limited to, loss of profits, anticipated profits, savings, business or opportunity, or loss of publicity or loss of reputation, or opportunity to enhance reputation, or loss of contract or other economic or consequential loss arising from the performance (or any failure to perform) these Terms and Conditions.

The Promoter will not have any liability to you whatsoever for loss or expenses incurred in connection with the Event or any cancellation of the Event, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Event or the cancellation of the Event.

We do not sell travel packages. Where you have purchased any travel, accommodation or any additional extras from a third party, this does not constitute a travel package and, even in the event of cancellation, postponement or Material Alteration, we are not responsible for any refunds requested by you from those third parties. You should read third party the terms and conditions together with any refund policies they provide carefully. If we have provided any link or direction to a third party, this does not constitute a recommendation or suggest any affiliation with these third parties and does not constitute a travel package.

For any accommodation bookings made with our partner hotel/s, kindly refer to the terms and conditions as listed on the hotel website.

General

The Promoter/s will adhere to any guidelines issued by local authorities and that may be in-force at the time of the event.

To the fullest extent permissible in law, the Promoter shall be entitled to assign all and any of its rights and obligations under these Terms and Conditions, provided that your rights are not adversely affected.

If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court, the invalid or unenforceable provision shall be severed or amended in such a manner as to render the rest of the provision(s) and remainder of these Terms and Conditions valid or enforceable.

If the Promoter delays or fails to enforce any of these Terms and Conditions it shall not mean that the Promoter has waived its right to do so.

These Terms and Conditions (including updates provided via our website) together with the ticket purchase terms and conditions and constitute the entire agreement between the parties in connection with the subject matter of these Terms and Conditions and supersede any previous terms and conditions, agreement or arrangement between you and the Promoter relating to the subject matter of these Terms and Conditions.

These Terms and Conditions shall be governed by the laws of Malta and the parties agree to submit to the exclusive jurisdiction of the Courts of Malta.