Purchase agreement for tickets
Important – pLEASE rEAD
VOID WHERE PROHIBITED BY LAW
Your purchase of Cirque du Soleil® tickets through this online service is subject to and hereby incorporates the legally binding terms and conditions set out in the Terms and Conditions and in thePrivacy Policy as well as in any other policies of this website. This is a legal document that describes your rights and responsibilities as a user, including important information on the purchase of tickets or other products and on the Cirque Club discussion forum. In case of doubt, this Purchase Agreement for Tickets shall prevail. When reference is made to this "Agreement", it shall include theTerms and Conditions and the Privacy Policy. You can also read and accept this Agreement in French. If you have any questions about this Agreement, please feel free to Contact Us.
By using our website, you agree to these Terms and Conditions andPrivacy Policy. Therefore, if you do not agree to theseTerms and Conditions and Privacy Policy or any other Cirque du Soleil® policies, do not use this website. The Internet is evolving, and so is Cirque du Soleil®. This means that there will be changes to our website, andCirque du Soleil® may modify the website's Terms and Conditions andPrivacy Policy from time to time. You will be bound by theTerms and Conditions and Privacy Policy in effect during each use of the website.
Cirque du Soleil ® would like to inform you that this show contains flashing lights which may cause difficulties for people with photosensitive epilepsy. Please consider this factor when purchasing tickets for this show.
CONDITIONS OF SALE AND CONTRACTUAL OBLIGATIONS
Parties
The parties to this Agreement are:
CIRQUE DU SOLEIL AMERICA, INC. , in respect of the Quidam show presented in the United Kingdom.
("Cirque du Soleil")
980 Kelly Johnson Drive
Las Vegas, Nevada
USA, 89119
VAT #GB 117 3223 47
Email: contact@cirquedusoleil.com
- AND -
You (also referred to as the "Customer")
Conclusion of Contract and Order Confirmation
Hereby you agree on buying the tickets according to your order and Cirque du Soleil agrees on selling these tickets. Once your order is confirmed and your payment completed, you will receive a confirmation page and/or email indicating a confirmation number. You must keep your confirmation number.
If, for any reason whatsoever, you do not receive a confirmation number or if you receive an error message or encounter a service interruption, it is your entire responsibility to contact our Customer Service Department to confirm whether your order has been properly processed. You are solely responsible for any problem that you may cause during the purchase of tickets process. In such case, Cirque du Soleil shall not be responsible for any loss (monetary or otherwise) that may result from any problem occurring or caused by your fault or negligence during the purchase of tickets through this website, including without limitation, the failure of a transaction to be completed or confirmed.
Orders will be processed only after a billing address and other billing information have been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order. This can delay the processing of the order and the delivery of the tickets. In such case,Cirque du Soleil's Customer Service Department may attempt to contact you, using the information provided at the time of purchase. If Cirque du Soleil is unable to reach you after an initial attempt due to incorrect billing information or credit card information, it shall reserve the right to cancel your order and sell your tickets to another customer. In this case, you will be informed immediately, as far as correct contact information is available.
Delivery
Tickets purchased through this website can either be delivered by regular mail at the postal address you indicate, by e-mail at the e-mail address you indicate or, when such option is possible, by will call (pick-up).
If you choose to receive the tickets by e-mail, just print your e-ticket(s) and present them at the show. Note that certain delays and convenience fees (as described in detail during the purchase process) are applicable depending on the delivery mode you choose in your Order Information.
Obligation to Pay
By accepting the terms of this Agreement, you agree to pay the full cost of the tickets ordered, including any applicable taxes and delivery, convenience and other fees (as described in detail in the purchase process).
Refunds and Exchanges
Except as otherwise provided by any applicable law to this Agreement, You may not cancel this Agreement.
You must review your ticket selection before you submit and confirm your order. Except as otherwise provided by any applicable law to this Agreement and subject to the provisions below for cancelled and/or postponed shows, there are no exchanges or refunds once a ticket has been purchased. Notwithstanding the foregoing, a refund or exchange may be possible upon immediate notification to Cirque du Soleil of any mistake made by the system during the tickets purchase process.
Cancelled and/or Postponed Shows
Cirque du Soleil may, at its sole discretion, cancel or postpone a show. When a show is cancelled or postponed, Cirque du Soleil will, at customer’s sole discretion, either offer an exchange or a refund. Cirque du Soleil will inform you if a show is cancelled or postponed, at which point you will have the sole responsibility to follow the instructions and procedures provided therein in order to benefit from said exchange or refund, as applicable. Please make sure to provide your order confirmation number at the time of your inquiry to facilitate processing of your refund or exchange, as applicable.
Cancellation of VIP Rouge Tent
If you have purchased any VIP Rouge tickets, Cirque du Soleil reserves the right to close the VIP Rouge tent at its own discretion.Cirque du Soleil will, at your sole discretion, either offer you an exchange of VIP Rouge tickets or a refund of the VIP Rouge tickets. Cirque du Soleil will promptly inform you of its decision to close the VIP Rouge tent.
Latecomers
The show starts on time. Latecomers are admitted only during a suitable break in the performance. Late-coming wheelchair-users can only be admitted at the intermission.
Right to Cancel Tickets, Refuse Access and Expel
Cirque du Soleil reserves the right to cancel any tickets or order of tickets through this website and to institute legal proceedings against you if you breach any terms and conditions of this Agreement or this website.
Cirque du Soleil reserves the right to request photo ID of the ticket holder.
In the event any person attending a show is judged unmanageable or exhibits behaviour which is considered inappropriate, or fails to comply with Cirque du Soleil rules, Cirque du Soleil reserves the right to, without any refund or compensation, to terminate such person's right to attend the show. Tickets shall not be redeemable for cash.
Recording, Transmission and Publication
All cameras, tape recorders and video recorders (including when incorporated in cellular phones) and their use are strictly forbidden on the site of the show. You hereby grant Cirque du Soleil the right to use your image, likeness, actions and statements in any transmission, publication or reproduction of the show in any means or circumstances for the usual purposes, without any further permission or compensation.
Changes in the show
Due to the nature of the acts in the show, changes in the cast may occur. In addition, the content and duration of the show may differ from time to time.
No Resale
Any resale of tickets is strictly prohibited. Cirque du Soleil reserves the right to cancel the license granted under the tickets in connection with any fraudulent sale of such tickets, without refund or other compensation. The ticket(s) may not be used for any advertising and/or promotional purposes (including contests and sweepstakes) or resold without the prior written authorization of Cirque du Soleil.
Use of Personal Information
Cirque du Soleil will collect, process, use and transfer customer data and data, which is recorded in context of the website’s use, only to the extent necessary for the initiation, performance and termination of the process. A more extensive use of customer data will only be accomplished after the customer’s prior consent.
Archiving
This Agreement will be archived and available for consultation, upon request, at contact@cirquedusoleil.com .
LIMITATION OF LIABILITY
Cirque du Soleil shall be liable for damage arising from culpable harm to life, body or health due to its fault.
Cirque de Soleil shall only be liable for any other damage if such damage is based on willful intent or gross negligence of its legal representatives, employees, directors or vicarious agents. Where Cirque du Soleil is not accused of willful intent, the liability for compensation of damages shall be limited to the foreseeable damage, typically occurring with such contracts. In addition, Cirque du Soleil shall only be liable in the event of slight negligence if material contractual obligations have been violated. Material contractual obligations shall be such obligations the fulfillment of which only enables the proper performance of the contract and which the contractual party may regularly rely on to be fulfilled. Even in the event of a violation of material contractual obligations, the liability shall be limited to the foreseeable damage, typically occurring with such contracts.
To the extent to which Cirque du Soleil in cases of gross negligence is liable for any damage within the meaning of paragraph 2 of this provision, such liability shall be limited to 50,000 EUROS or the equivalent in local currency.
To the extent to which Cirque du Soleil in cases of slight negligence is liable for any damage within the meaning of paragraph 2 of this provision, such liability shall be limited to 10,000 EUROS or the equivalent in local currency .
Cirque du Soleil shall not be liable for damage caused due to technical faults or defects of other suppliers or other third parties.
All claims resulting from the visit of the show for which the ticket was bought, the use of the website of Cirque du Soleil or from this Agreement (safe for claims for willful misconduct) shall expire in one year at the end of the year in which the claim came into existence and the customer had knowledge of the facts legitimating the claim and the person of the creditor or should have had knowledge without any willful blindness.
Indemnification
You are responsible for your postings on our website, the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to our website or if somebody else uses your name or your password to cause damage to our website or harm to Cirque du Soleil, you will be held responsible. Do not reveal your password to anyone.
You hereby agree to indemnify and hold harmless Cirque du Soleil, its affiliates and other related entities, their directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of Cirque du Soleil, from and against any and all claims, actions, damages or other demands, including but not limited to, reasonable costs and expenses of litigation such as counsel fees, arising from or relating to your purchase of tickets and your use of this website and any content contained herein.
Assignment
Cirque du Soleil may at any time assign all or part of its rights and obligations under this Agreement, to any of its affiliated entities, which is any entity directly or indirectly controlled, controlling or under the same control as Cirque du Soleil, provided that the assignee assumes all of Cirque du Soleil’s obligations hereunder.
Invalidity
If any term, provision or section of this Agreement or any portion of such term, provision or section is held invalid or unenforceable, the remainder of this Agreement will not be affected thereby and each remaining term, provision or section or portion thereof will be valid and enforceable to the full extent permitted by law. In lieu of each term, provision or section of this Agreement which are invalid or unenforceable, there shall be added as a part of this Agreement a term, provision or section as nearly identical as may be possible and as may be legal, valid and enforceable.
Applicable Laws
This Agreement is governed by the law of your residence. Your address is deemed to be the one indicated on your Order Information.