OBGA Ticket Terms & Conditions

General information

These are the terms and conditions on which we may supply online tickets to you for events such as conferences, lectures, courses, tours and exhibitions ("Ticket(s)"). This page, together with the other pages linked below, sets out the terms and conditions on which we may provide the user ("you") with Tickets. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
 

  • You are an individual; and

  • You are buying Tickets from us wholly or mainly for your personal use (not for use in connection with your trade, profession, business or craft).

If you are a business customer, these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

1. Who We Are

The Oxford Botanic Garden and Arboretum are part of the University of Oxford, whose principal offices are at University Offices, Wellington Square, Oxford, OX1 2JD ("we") or ("us"). If you have any questions about these terms and conditions, or about any order placed by you under these terms and conditions, then please email us at admin@obg.ox.ac.uk or telephone us at 01865 610305.

2. Relevant Terms

In addition to these terms, our terms and conditions include the following:
 

For ease of reference, we refer to all of the terms which apply to you collectively as the "Terms". By placing your Order you are agreeing to the Terms.

3. Contract Information

Placing your order. When you have found an event that you wish to attend, you may place an order ("Order") for one or more Tickets for that event by clicking 'Add to Basket' button and then following the purchasing instructions on our Site. Once you place your Order three things will happen:
 

  • you will be required to confirm again your acceptance of these Terms. This means that you are offering to enter into a legally binding contract with us on these Terms, which we may accept or decline at our discretion;

  • you will be required to pay the price listed for the relevant Ticket(s) as an up-front payment (unless we have expressly agreed alternative payment terms with you, in which case those alternative terms shall apply). These Terms also apply to free events; and

  • once your payment has been received and your order confirmed as accepted by us, we will make the Ticket available to you by the means chosen when placing your order (for example, via print-at-home, or by posting it to you). We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.

How we will accept your Order. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this and will not charge you for the Order. This might be (for example) because the relevant item is no longer available, because the event is over-booked, because we have identified an error in the price or description of the item or because we are unable to meet a delivery deadline you have specified.

Payment processing. The payment that you make when ordering any Ticket(s) is a payment that you make to us, facilitated through WorldPay. You can make payment by most major debit or credit cards, and in particular any Visa or MasterCard card. We do not receive your credit or debit card information as this is processed by WorldPay.

Limits on payment processing. The payment processing facilities that we provide through WorldPay may be suspended or modified by us or on our behalf at any time and for any reason. We may impose security measures such as transaction limits on our users (for example, limiting the value or frequency of transactions). We will not have any liability to you if you are unable to purchase any due to the unavailability of our Site or the payment processing facilities provided through WorldPay.

4. Your Legal Rights as a Consumer

This is a summary of your key legal rights as a consumer. We are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

In relation to a service provided by us (such as providing Tickets), the Consumer Rights Act 2015 says:
 

  • you can ask us to repeat or correct a service if it's not carried out with reasonable care and skill, or get some money back if we can't repeat or correct it.

  • if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

  • if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

5. Our Rights to Make Changes

Minor changes. We may make minor changes to the events:
 

  • To reflect changes in relevant laws and regulatory requirements; and

  • To implement minor technical adjustments and improvements, for example to address a security threat.

More significant changes. In addition, as we informed you in the description of the Tickets on our website, we may make changes to these Terms or the Tickets and the relevant event, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any events paid for but not attended. For example, we may need to cancel an event for reasons out of our control, such as resourcing or insufficient interest in the event. If this happens, we will endeavour to give you as much notice as possible.

Costs of Delivery. Any costs of delivery of the Ticket(s) will be clearly displayed to you on our Site.

Date of Event. The event will take place on the date agreed with you during the order process.

We are not responsible for delays outside our control. If our supply of the Ticket(s) or the event is delayed by something outside our control, then we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by circumstances outside our control, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

If you do not give us necessary information. We may need certain information from you so that we can supply the services to you, for example, any dietary requirements for catered events, or special access requirements you may have. If so, this will have been stated in the description of the event on the Site. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it and within a reasonable time prior to the event, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6. Your Rights to End the Contract
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract. If you want to end the contract, please let us know by either calling or emailing the details listed at the start of these Terms.

If what you have bought is mis-described you may have a legal right to end the contract or get a service re-performed or get some, or all of your money back. If you are ending the contract for this reason, just let us know. Please note that booking fees are not refundable.

If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason set out below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
 

  • we have told you about an upcoming change to the services or these terms which you do not agree to;

  • we have told you about an error in the price or description of the service you have ordered and you do not wish to proceed;

  • there is a risk that supply of the services may be significantly delayed because of events outside our control;

  • we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

  • you have a legal right to end the contract because of something we have done wrong.

The "right to change your mind". Consumers are generally entitled by regulation to certain cancellation rights in relation to contracts for goods or services concluded at a distance. However, the regulations provide that no such cancellation rights apply in relation to contracts for services relating to leisure activities with a specific date or period of performance – that means these cancellation rights do not apply to Tickets.

How to tell us you are cancelling or terminating the Contract. If you wish to end the Contract with us (whether by cancellation or termination), please let us know by doing one of the following:
 

  • Phone or email. You can contact us using the details below. Please provide your name, home address, details of the Order and, where available, your phone number and email address.
  • By post. In the case of cancellation, please write to us at Administration Team, Oxford Botanic Garden, Rose Lane, Oxford, OX1 4AZ, including details of what you bought, when you ordered or received it and your name and address.

    •  

How we will refund you. If you are eligible for a refund, we will refund you the price you paid for the Ticket(s) by the method you used for payment. However, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

When your refund will be made. We will make any refunds due to you as soon as possible. In any event, we will endeavour to make your refund within 14 days of our agreement to issue a refund.

7. Our Rights to End the Contract

We may end the contract if you break it. We may end the contract with you at any time by writing to you if:
 

  • you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services.

You must compensate us if you break the contract. If we end the contract in the situations set out above, we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract (which may result in no refund being payable to you at all).

8. If there is a Problem with the Ticket(s)

How to tell us about problems. If you have any questions or complaints about the Ticket(s) please contact us. You can telephone our customer service team at 01865 610305 or write to us at admin@obg.ox.ac.uk, or Administration Team, Oxford Botanic Garden, Rose Lane, Oxford, OX1 4AZ. Alternatively, please speak to one of our staff on site.

9. Price and Payment

Where to find the price for the Ticket(s). The price of the Tickets (which includes VAT) will be the price indicated on the order pages when you placed your Order. We use our best efforts to ensure that the price of the product advised to you is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your Order.

Booking Fees. You may be charged a booking fee as part of the Order process. Booking fees will be set out when you come to the payment page for your Ticket(s). Booking fees are not refundable.

We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date of the event, we will adjust the rate of VAT that you pay, unless you have already paid for the Tickets in full before the change in the rate of VAT takes effect.

10. Our Liability to You

This section explains the ways in which our liability to you is limited and excluded.
 

  • Where We Don't Limit or Exclude Our Liability – We do not limit or exclude our liability for anything for which we cannot lawfully limit or exclude our liability. For example, we do not limit our liability for death or personal injury caused by our negligence, or for fraud. This statement takes priority over the rest of this Section and the rest of the Terms.

  • Limitations of the Internet. You understand that there is some inherent instability in communications networks and that we may need to take down or maintain the Site from time to time. For that reason, you accept that access to our Site is permitted on a temporary basis and we will not be liable if it is unavailable for any reason. At the same time, our Site is provided "as is" and without any warranty. For example, while we do our best to correct defects and while we use commercially-available virus-checking software, we do not warrant that our Site will be uninterrupted, free from errors, or free from viruses or malicious code.

  • No Implied Terms. We provide access to our Site only on the Terms. To the fullest extent permitted by law, we expressly exclude any and all conditions, warranties and other terms which might otherwise be implied by statute, under common law, or otherwise

  • Third Parties. We are not responsible or liable for the actions of third parties or your interactions with them. Third parties may include, for example, social media service providers, the developers of any device or software which you use to access our Site, or payment processing service providers.

  • No Indirect or Consequential Loss. We expressly exclude any liability for any indirect or consequential loss, damage, costs or expenses incurred or suffered by you in connection with your use of our Site. We are not liable for losses, damages, costs and expenses that are not foreseeable to both you and us at the time you open your account with us or which are not caused by our breach.

  • No Liability for Certain Kinds of Loss. We expressly exclude any liability for any loss, damage, costs or expenses incurred or suffered by you (in each case whether direct or indirect) if that liability comes within one of the following categories: loss of business, loss of revenue, loss of contract, loss of data, loss of reputation, or loss of profit. In summary, we are not liable for business losses.

  • Cap on Liability. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of these Terms will be limited to the amount paid by you for the Ticket(s) concerned.

11. Your Personal Information

How we will use your personal information. When you place an Order, you supply us with certain personal information. For the purposes of this information, we will be the data controller. We will use the personal information you provide to us for the fulfilment of the contract. In particular, we will use the information:
 

  • to supply Tickets and access to the relevant event;

  • to process your payment for the Ticket(s);

  • by sharing this information with other University organisations, such as the Ashmolean Museum and the Bodleian Library; and

  • if you agreed to this during the order process, to give you information about similar events and Tickets available from us, but you may stop receiving this at any time by selecting 'Unsubscribe' on email communications.

12. Revisions

We may revise any of our Terms at any time. You should check our Terms for changes from time to time. By continuing to use our Site you will be accepting our revised terms.

13. Disputes and Governing Law

The Terms and any contract between you and us on the Terms, are governed by the law of England and Wales. If any dispute arises between you and us in connection with your use of our Site, then you and we will attempt to resolve that dispute through discussion. If we are unable to resolve the dispute by discussion, then the courts of England and Wales will have exclusion jurisdiction over any claim relating to your use of our Site or any connected contract. However, if you are not resident in England or Wales then we reserve the right to bring proceedings against you in any court in your country of residence.

14. General Legal Provisions

Entire Agreement. Any contract between you and us constitutes the entire agreement between the parties in relation to its subject matter. Each party acknowledges that in entering into the contract it does not rely on any representation or warranty not set out in these Terms.

Assignment. We may transfer our rights and obligations under our contract with you to another organisation. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under your contract with us to another person if we agree to this in writing.

Severance. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them (or any part-provision) are unlawful, the remaining provisions (or part-provisions) will remain in full force and effect.

No Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Third Party Rights. A person who is not a party to any contract under the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.

15. Contact Us

If you have any questions about these Terms of Service, or about any Order placed by you under these Terms of Service, then please email us at admin@obg.ox.ac.uk or telephone us at +44 (0)1865 610305.