Ticketing Terms and Conditions

Welcome to the Black Swan State Theatre Company (Black Swan) ticketing terms and conditions (Ticketing Terms and Conditions). All tickets (Tickets) to Black Swan events (Events) are subject to these Ticketing Terms and Conditions. This includes Tickets purchased on the internet through Black Swan's website, via phone, mail, email and in person.

1. These Ticketing Terms and Conditions are part of the General Terms and Conditions, which also includes the Privacy Policy and the Website Terms and Conditions. Before purchasing a Ticket, you should read the General Terms and Conditions in full.
2. These Terms and Conditions incorporate the Live Performance Australia Code of Ticketing Practice – Consumer Code (‘LPA Code’), which sets out a code of conduct for the sale of tickets to live events including consumer rights. You can find a copy of the LPA Code here.
3. If you have previously purchased a Ticket, please be aware that the Terms and Conditions, including the Ticketing Terms and Conditions may since have been updated without notice. This is the latest version of the Ticketing Terms and Conditions.
4. All questions concerning the Terms and Conditions, including the Ticketing Terms and Conditions, should be directed to Black Swan using these contact details:
   1. Postal address: Black Swan State Theatre Company, PO Box 337, NORTHBRIDGE WA 6865
   2. Street address: Black Swan State Theatre Company, Level 1,182 William Street, PERTH WA 6000
   3. Email: hello@blackswantheatre.com.au

1. Notwithstanding anything else in these Ticketing Terms and Conditions, all Tickets are subject to the terms and conditions applicable to the venue of the Event and to any terms and conditions displayed at the point of sale, the venue's website and at the venue of the Event.
2. These Ticketing Terms and Conditions remain in effect even if the Ticket is given or sold to someone else. The subsequent holder of the Ticket is bound by the same Ticketing Terms and Conditions.

1. Tape recorders, video cameras and cameras may not be brought into any Event and all pagers and mobile telephones must be turned off before entry.

1. Black Swan reserves the right to change any element of its Events including but not limited to an alteration, cancellation and re-scheduling of Events.
2. Black Swan may vary advertised programs to add, withdraw or substitute artists at any Event where necessary.
3. Black Swan will endeavor to advise you as soon as possible if an Event has been re-scheduled or cancelled and whether you are entitled to entry to a re-scheduled Event. If you are entitled to entry to a re-scheduled Event, then Black Swan will endeavor to ensure you are seated in a similar location in the re-scheduled event.

1. You may be refused entry to an Event or evicted from an Event at the sole discretion of Black Swan in any circumstance including the following:
   • where you arrive at the venue of the Event after the commencement time of the Event;
   • where you produce a Ticket that has been handled or dealt with in a way that is contrary to the Terms and Conditions;
   • where you cannot produce proof of your concession entitlement where a concession Ticket has been purchased;
   • where you produce a Ticket that has been identified by Black Swan, the owner or proprietor of the venue of an Event (Venue Manager) or a person authorised by Black Swan or a Venue Manager to sell Tickets or goods and services relating to Tickets (Ticketing Service Provider) as having been sold or offered for resale for a profit by any person or organisation that is not authorised by Black Swan, the Venue Manager or a Ticketing Service Provider (i.e. a 'scalped' ticket);
   • where you have in your possession or refuse to surrender to the Venue Manager any object or article including but not limited to photographic or recording equipment, food or alcohol, that is not permitted to be brought into or used in that venue;
   • where you refuse to undergo a physical search or a search of your possessions where such a search is requested by Black Swan, the Venue Manager or a Ticketing Service Provider;
   • where you behave in a manner which may cause property damage or that threatens the safety of any other person;
   • where you are behaving in a manner that unreasonably interferes with other Ticket holders' enjoyment of the Event, including through the use of cameras, mobile phones, personal computers, paging devices or other electronic devices;
   • where you otherwise breach the Venue Manager's conditions of entry or fail to follow the reasonable directions of the staff or agents of Black Swan, the Venue Manager or a Ticketing Service Provider; or
   • where you refuse to remain in the area or seat designated on your Ticket.

1. Subject to paragraphs 13 to 15 below, Tickets will be fully refunded or exchanged where the Event to which you purchased a Ticket is:
   • cancelled;
   • re-scheduled (and you cannot or do not wish to attend the re-scheduled Event); or
   • significantly re-located,

or as is otherwise provided in the Live Performance Australia Ticketing Code of Practice.

1. If a Ticket is purchased as a part of a subscription (a ticket package that has a minimum of three shows) requires a refund pursuant to paragraph 12, then the quantum of your refund will be the proportion of the price of the subscription attributable to the relevant Ticket as determined by Black Swan in its sole discretion.
2. If an Event is cancelled mid-Event then the quantum of your refund will depend on the nature of the Event and the proportion of the Event completed. In such circumstances Black Swan will refund an amount which in its sole discretion is reasonable in the circumstances having regard to the nature of the Event and the proportion of the Event completed.
3. 4. Subject to paragraph 16 below, you will not be eligible for a refund or exchange in the following circumstances:
   • if you purchased your Ticket from a ticket seller not authorised by Black Swan;
   • if you do not provide, on request by Black Swan, proof that your Ticket was purchased from a Ticket seller authorised by Black Swan;
   • if the Ticket was free or complimentary; or
   • your grounds for requesting the refund or exchange consist solely of one or more of the following grounds:
     • the standard of the Event did not meet your expectations;
     • you were unable to attend the Event for any reason, including illness, transport failure or delay, or you chose not to attend the original Event for which you purchased the Ticket;
     • you were refused entry to the Event or evicted from the Event for any reason set out in paragraph 12 above, or for any reason set out as being a reason for refusal of entry or eviction in the Live Performance Australia Ticketing Code of Practice;
     • the Event used an understudy in the place of a main performer and you were made aware of the use of an understudy at or before the time of the Event;
     • Black Swan is not compliant with the Live Performance Australia Ticketing Code of Practice in relation to the Event;
     • the Ticket price was altered after the time at which you purchased your Ticket; or
     • your Ticket was lost, stolen or is invalid.
4. 5. In circumstances not covered by paragraphs 12 to 14 above, Black Swan may offer a discretionary refund. A discretionary refund will only be offered if you made the request within a reasonable time after the Event, preferably within five working days of the Event. To request a discretionary refund, you must follow the guidelines set out in the Live Performance Australia Ticketing Code of Practice.
5. 6. If you are entitled to a full refund of the price of your Ticket, then the refund will not include the service charge.

COVID-19 Refund and Exchanges:

Black Swan's Refund and Exchange Policy is temporarily varied to encourage anyone showing symptoms or who has had possible contact with a COVID-19 case to cancel their attendance for the safety of all other patrons and staff on the terms and conditions set out in paragraphs 1 to 5 below.

1. Tickets will be fully refunded or exchanged if, during the time between the purchase of your Ticket and the Event, you:

• develop any of the recognised symptoms of COVID-19;
• are defined as a close contact of a confirmed case of COVID-19 and develop symptoms;
• are required to self-isolate or quarantine (and the Event falls within that isolation or quarantine period) by reason of paragraph (b) above;

Black Swan reserves the right to require that you provide supporting documentation when requesting a refund. This may include, but is not limited to, medical documentation where reasonably required.

2. Any refund that is granted will be made to the original purchaser of the ticket/s, and will be processed using the original payment method. It is up to you to contact us to discuss alternatives if the original payment method is no longer valid.

3. Refunds and exchanges will be available before the Event. No refunds or exchanges will be available after the Event has taken place.

4. A refund will not be granted when:

• a ticket holder is well and does not wish to attend an event due to fear of exposure to COVID-19, including being exposed to unvaccinated persons; or
• a ticket holder chooses not to attend an event due to illness (other than due to COVID-19 illness or symptoms); or
• a ticket holder is from a group at a higher risk of COVID-19; or
• a ticket holder is denied entry into the event for reasons which were disclosed to the ticket holder in the ticket terms and conditions at the time of sale. For example, these reasons may include (but not be limited to) non-compliance with public health measures in place at the time of the Event; or
• the ticket holder attends the performance and subsequently leaves part way through due to feeling unwell.

These changes to Black Swan's refund and exchange policy will remain in place until 31 December 2022 after which this policy is subject to review by Black Swan. Following the review, the policy may be extended (with or without variations) for an additional period or may revert to Black Swan's earlier policy unless recommended otherwise by Live Performance Australia's Ticketing Code.

CHANGES TO EVENTS

In the event of a change in WA Government health advice and subsequent change in venue capacity restrictions, we may need to cancel and refund a portion of purchased tickets. If this occurs, we will cancel the most recently purchased tickets first. Earlier purchases will take precedence. We recommend booking as early as possible to avoid disappointment.  

We will contact you via email to inform you of any changes to events you have purchased tickets for. We may occasionally contact you by phone when necessary. Please ensure your contact details are current and accurate. If you fail to supply sufficient and appropriate contact information, Black Swan is not responsible for failure to contact you. For more information about the data we collect, please see our Privacy Policy.