Afro Nation Detroit - Terms and conditions

Booking Conditions


1. INTRODUCTION

"THE MALACHITE GROUP USA  INC" is a Delaware incorporated stock corporation registered with filing number 2501549, operating the festival "Afro Nation Detroit," where tickets, addons, and hospitality services (hereafter referred to as "Product and Services") may be purchased.

The following Booking Conditions set forth the terms and conditions governing the purchase of Tickets and Hospitality from us. Please read them carefully, as they establish all rights and obligations.


2. DEFINITIONS

"Ticket(s)": Refers to primary festival tickets directly allocated by us and offered for sale.

"Product and Services": Includes festival tickets, addons (e.g., merchandise), and hospitality tables.

"You" and "Your": Refer to the first named person on the booking and all individuals on whose behalf the booking is made.

'Us', "We", and "Our" shall pertain to Afro Nation Detroit, and our associated business partners."

These Booking Conditions set out the terms applicable to purchases of Tickets and Hospitality from us. If you are purchasing or wish to purchase from us, please see www.detroit.afronation.com/


3. LEGALLY BINDING CONTRACT

Your contract starts once we have confirmed your order and ends immediately after completion of the festival for which you have purchased Product and Services

A booking is considered made with us upon your payment (either in full or the first payment plan installment). By making a booking with us, "You" the lead booker agrees that: 

He/she has read and has the authority to be bound by these Booking Conditions. 

A booking fee of 14% applies to all Product and Services advertised and sold on our website. . 

He/she accepts that a booking fee will apply to all Product and Services advertised and sold on our website.

He/she accepts financial responsibility for payment of the booking in its entirety. 

He/she consents to our use of personal data in accordance with our Privacy Policy and is authorised to disclose personal details of all individuals on the booking, including special categories of data (e.g., health conditions, disabilities, dietary requirements) where applicable. 

He/she is over 18 years of age and where placing an order for Products and Services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase them. 

In order to make a purchase from us, you must be 18 years old. You must also have a valid credit or debit card issued in your name.

He/she consents to the use of his/her likeness in any film, photography, audio, and/or audiovisual recording without compensation, to be exploited in any media for any purpose worldwide. This includes filming by the police or security staff for customer security or crime prevention. An objection to such use must be made in writing to support@afronation.com. Valid credit or debit card issued in the lead booker's name is required. 

We reserve the right to make changes to the booking conditions, and any updates will be posted on our website. We recommend checking them regularly to stay informed about the current terms. 

All purchases are subject to the applicable version of these Booking Conditions published at the time of purchase. If you do not agree with any revised version of these Booking Conditions, or cannot comply with it, you agree not to purchase them.  


4. PRODUCT AND SERVICES

We offer various types of tickets, which will be clearly defined at the time of purchase through Afro Nation Detroit. Additionally, addons and hospitality tables may be sold at separate and additional prices. 

By making a purchase, you agree that all Product and Services are non-refundable and non-exchangeable. 

All prices are displayed in the currency that they will be charged in, and we accept no responsibility or liability for additional charges you may be subject to by your credit or debit card provider, or any currency exchange rate fluctuations, which are entirely at your risk. 

Special Note: We do not sell packages, travel, or flights; therefore, no refunds will be granted for issues related to the performance or booking of flights and other travel arrangements associated with attending our festival. 

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices.

Some Tickets are "market-priced," and so prices may increase or decrease at any time, based on demand. This is similar to how airline tickets and hotel rooms are sold and is commonly referred to as "Dynamic Pricing". You will not be entitled to a refund or credit if:

(i) the price you paid for a Ticket was at any time before you purchased your Ticket less than the Price you paid; or

(ii) the price of any other Tickets to the relevant festival (whether in the same price category or otherwise) is/are subsequently reduced after you purchase your Ticket.

All prices are displayed in the currency that they will be charged in, and we accept no responsibility or liability for additional charges you may be subject to by your credit or debit card provider, or any currency exchange rate fluctuations, which are entirely at your risk.

Should you not receive an order confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with us whether or not your order has been placed.

Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for any costs or losses you incur if you assume that an order was or was not placed because you failed to receive an order confirmation.

All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank or payment provider, we reserve the right to cancel and refund any order for which an order confirmation has been sent. We accept no responsibility or liability for such cancellations, as these are outside our control.

It is prohibited to obtain or attempt to obtain any Product and Services through unauthorised use of any robot, spider or other automated device or software, or through unauthorised framing or linking to any website, or through any other illegal or unauthorised activity. We reserve the right to cancel any orders that we reasonably suspect to have been made in breach of these Booking Conditions, without any notice to you, and any and all Product and Services obtained as part of such orders will be void.

To prevent fraud and protect us, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We reserve the right to cancel any orders that we reasonably suspect to have been made fraudulently, without any notice to you, and any and all Product and Services obtained as part of such orders will be void.

Special note: changes and errors sometimes occur. You must check the price of your chosen Product and Services at the time of booking.


5. CHARGEBACKS 

Unless such rights have arisen under section 75 of the Consumer Credit Act 1974, you agree not to issue any chargebacks or otherwise dispute transactions with your payment card issuer against us (“Chargeback”). 

Your rights to refunds and other claims shall be governed solely by the terms of these Booking Conditions. 

If you have defaulted on a payment plan, attempt to amend it, or cancelled your booking with us [as detailed in clause 12], you will not be entitled to chargeback your credit or debit card and we will use this clause as evidence to defend any chargeback attempts. 


6. VOUCHERS AND TICKETS

Vouchers or tickets will be dispatched as soon as reasonably possible and not before full balance has been paid by you. We are not able to specify the exact dates.

If you have not received your Vouchers or Tickets 5 days before the festival (or 5 days before you depart for the festival, if earlier) please make contact with us at support@afronation.com

You are responsible for providing a valid email address for e-delivery of the Tickets and ensuring that you are able to receive delivery of the Tickets by email (for example by ensuring that your email mailbox does not reject, bounce or otherwise prevent any relevant emails from being delivered, and by checking your email mailbox regularly (including junk or spam folders)).

We will not be liable for, and you will not be entitled to any refund where delivery is refused, returned, missed, unclaimed or fails as a result of your failure to provide correct and complete delivery information and/or failure to ensure you are available to receive delivery of Tickets (via email, as applicable).

We reserve the right to make Tickets available for collection by you at the venue box office or at another designated ticket collection point. We will notify you of the arrangements for collection if this becomes necessary. You may be required to provide your booking confirmation email and your photo ID to collect Tickets, as well as the credit or debit card used to make the order.

It is your responsibility to check your Tickets immediately once they have been delivered as mistakes cannot always be rectified. You should contact support@afronation.com immediately if there is a mistake or error with your Tickets or if you do not receive your Tickets as ordered and/or as described in your order confirmation.

We may not be able to assist you if you do not inform us of any errors that are reasonably obvious from inspection of your Tickets within 5 days of receipt (and/or in good time prior to the festival date).

Any Ticket you purchase from us remains the property of us and is a personal revocable licence which may be withdrawn, and admission refused, at any time.

You acknowledge that lost, stolen, damaged or destroyed Tickets may not be able to be replaced and if we are able to issue replacement Tickets, we may charge you a reasonable administration fee.

Tickets purchases may be restricted to a maximum number per person (or business, as applicable), per credit or debit card and, a restriction may apply per household as well. We reserve the right to cancel any order(s) for Tickets purchased in excess of the relevant limits without notice.

You are not entitled to purchase any Tickets as a trader acting in the course of business with the intention of reselling your Tickets for profit unless formal written permission is given by us in advance. If we discover or have reason to suspect that you have purchased and intend to resell, or have sold Tickets in breach of this clause, we reserve the right to cancel your Tickets without notice.

Tickets purchased from us may not: (a) be used for advertising, promotions, contests or sweepstakes (or for other such similar commercial gain); and/or (b) be combined with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package for sale or other distribution, unless formal written permission is given by us in advance and provided that even if such permission is granted, use of our trademarks and other intellectual property is subject to the express prior written consent.

Complimentary tickets hold a zero-face value, and no cash alternative is offered. Which means should the event be cancelled or there be any complaint, it is exempt from any refund request

Name Change Fee Terms and Conditions  

Policy Update: Please be advised that we have recently updated our name change policy to better serve our customers and maintain the stability of our events. This updated policy supersedes any previous refund, cancellation or name change requests, regardless of their nature. 

Please carefully review our name change policy below.  

Introduction:  A name change fee is applicable to festival ticket holders who wish to change the name associated with their ticket purchase. 

Applicability: The name change fee applies to festival ticket holders who wish to transfer their ticket to another individual by changing the name associated with the ticket. This change can only be made once per ticket within a single booking.  

Fee Amount: The name change fee is set at $25 USD per ticket. This fee is non-negotiable and non-refundable. 

Process: To initiate the name change, the lead booker must contact Afro Nation Customer Support at least 30 days prior to the start date of the festival. The request must include the original purchaser's details, and the full name, date of birth, telephone number, gender, nationality, and country of residence of the new ticket holder. Our team will send then send a payment link and change the ticket details once payment is completed.  

Payment: The name change fee must be paid in full to change ticket details.  

Deadline: Name change requests must be submitted and processed 30 days before the festival start date. Requests received after the deadline will not be accommodated. 

Transferability: The name change fee is applicable per ticket and is non-transferable between ticket holders. The lead booker is the only person we can talk to or make amendments with on a booking.  

Verification: Afro Nation Detroit reserves the right to verify the identity of both the original ticket holder and the new ticket holder before processing the name change request. Failure to provide satisfactory identification may result in the denial of the name change request. 

Payment Plan Completion: Customers must ensure that all payments within their payment plan are completed before initiating a name change request. 

Limitations: The name change fee does not guarantee approval of the name change request. Afro Nation Detroit reserves the right to reject any name change request at its discretion. 

No Refunds: The name change fee is non-refundable.  

Final Decision: All decisions regarding name change requests, including but not limited to approval, denial, and eligibility, are at the sole discretion of Afro Nation Detroit and are final. 

Modification of Terms: Afro Nation Detroit reserves the right to modify or update these terms and conditions at any time without prior notice. It is the responsibility of the ticket holder to review the latest terms and conditions before initiating a name change request. 

Acceptance: By requesting a name change and paying the associated fee, the ticket holder acknowledges and agrees to abide by these terms and conditions. 


7. ACCESSIBLE TICKETS 

By purchasing an accessible ticket, you explicitly agree to adhere to the terms and conditions outlined below:

Accessibility Access: Acquiring an accessible ticket grants you access to our designated accessible facilities at Afro Nation Detroit, corresponding to your chosen ticket tier.

Proof of Eligibility: Afro Nation Detroit requires customers in need of accessibility accommodations to contact us at support@afronation.com and provide valid documentation proving eligibility for accommodation. This may include but is not limited to, documents verifying disability status.

Companion Tickets: Individuals requiring assistance due to disability may be eligible for a complimentary companion ticket. This ticket is intended for a companion who will accompany the ticket holder throughout the event and assume full responsibility for their care. The availability of companion tickets may vary depending on the event or venue.

Accessible Viewing Platform: Our Accessible Viewing Platform is reserved exclusively for individuals using wheelchairs and their companions, as well as customers with mobility impairments. To request a wristband for access to this platform, please contact support@afronation.com. We maintain strict measures to prevent fraudulent activity and require customers to submit valid proof of eligibility directly to us.

Commitment to Accessibility: Afro Nation is dedicated to ensuring a seamless and enjoyable experience for all attendees, especially those requiring accessibility accommodations.

Special Assistance: If you require special assistance not covered by the aforementioned accommodations, please contact us at support@afronation.com, and we will do our utmost to assist you.

By purchasing an accessible ticket, you acknowledge and agree to comply with these terms and conditions established by Afro Nation Detroit. For any inquiries or assistance regarding accessibility accommodations, please reach out to our support team.


8. HOSPITALITY

Booking a table does not grant you access to the festival. You will need to purchase a ticket as well as your hospitality package. All table bookings are non-refundable and therefore no refund can be requested.

If you have purchased a GENERAL ADMISSION ticket, booking a hospitality table will enable you access to the GOLDEN and VIP areas for the selected day that you have purchased a table. You will not be able to enter these areas for the days in which you have not purchased a hospitality table.

If you have already purchased a golden circle or VIP ticket, you will not be entitled to redeem any refund on the festival ticket(s) already booked nor will any reduction in price be granted on the hospitality table booked.

By purchasing a table you are agreeing that you are not entitled to claim a refund or expect/request a reduction in price of the hospitality table and in accordance with clause 5 'CHARGEBACKS' you will not submit any chargeback because you are aware of this prior to your purchase.

Table bookings do not always guarantee entry. Guests who arrive intoxicated may be refused entry on arrival with management reserving the right of admission. All guests must be over 18 and have a valid passport or driving license as ID. All table reservations must arrive before 7pm.


9. FESTIVAL TIMINGS AND ADMISSIONS

Advertised festival start times are subject to change. Door opening and closing times do not indicate the festival's start or end time (or when an artist is scheduled to play or the length of the artist's performance), all of which remain at our and/or the artist's discretion and may be subject to change.

In the event that you are refused entry into our festival due to missing the designated entry deadline, Afro Nation Detroit shall not be held liable for issuing a refund or compensation. We strongly advise all customers to plan their trip in advance and adhere to the specified entry times.

We reserve the right to alter the artist lineup and/or the festival's program without obligation to refund or exchange tickets. Such changes will be deemed minor/immaterial changes.

Security searches may be conducted on patrons, and admission may be refused to individuals breaching or suspected of breaching these Booking Conditions.

Trading or promotional activities within the site require our prior written consent. Goods using unauthorized logos must be surrendered to festival staff.

Admission to the festival is subject to the terms of admission of the relevant venue. Certain items (e.g., laser pens, mobile phones, dogs - except guide dogs - and patrons' own food and drink) may be prohibited. Unauthorized use of photographic and/or recording equipment is also prohibited, and such material may be destroyed or deleted. The use of drones or similar equipment near the festival venue is strictly prohibited.

Patrons must not enter the site if they believe they may have been infected with Covid-19 or are displaying symptoms of Covid-19.

We or the venue reserve the right to refuse admission or remove any person from the venue for reasons of public safety, unacceptable behavior likely to cause damage, nuisance, or injury, or for any breach of Booking Conditions. No reimbursement or refund will be provided in such cases.

Unless expressly authorized, pass-outs or re-admissions of any kind are not allowed.

By attending our festival, you agree to be photographed, filmed, and/or recorded for safety and security purposes, including filming by the police. Resulting photographs, videos, audio recordings, and/or audio-visual recordings may be used in any media worldwide.

Prolonged exposure to loud music or noise may damage hearing, so adequate ear protection is advised. Special effects, including sound, audio-visual, pyrotechnic, or lighting effects, may not be suitable for individuals with photosensitive epilepsy or similar conditions.

Ticket holders should anticipate queues at the entry gate and arrive in time for the first act they 

wish to see; no refunds will be provided for missed acts.


10. EVENTS BEYOND OUR CONTROL

We will not be liable or provide compensation for our contractual obligations affected by Events Beyond Our Control, which are events beyond our or our supplier's control, and the consequences of which could not have been avoided even with reasonable measures. Examples include, but are not limited to, warfare, acts of terrorism or threat thereof, civil strife, significant risks to human safety and health (e.g., serious disease outbreaks, epidemics, pandemics, including the ongoing effects of Covid-19), natural disasters (e.g., floods, earthquakes, or weather conditions making travel unsafe), acts of any government or authority, industrial disputes, labor strikes, lock closure, natural or nuclear disasters, fire, chemical or biological disasters, unavoidable technical problems with transport, and all similar events beyond our or the supplier(s) concerned's control.

In the event that the festival is called off early due to circumstances beyond our control, we hereby assert that we shall not be held liable for any losses, damages, or compensation arising from such situations.

It is your responsibility to ensure you can enter the country where the festival is held. If you purchase a ticket and are denied entry into the United States due to restrictions imposed by the country's officials, this is considered an event beyond our control, and no refund will be granted.

Special Note: No refund or exchange of tickets will be issued if elements outside of our control affect your ability to attend the festival, including but not limited to travel restrictions from your country of origin or where the festival is held in the United States, quarantine, and vaccination requirements, etc.


11. CANCELLATIONS 

Cancellation by Us: 

In the unfortunate event that we must cancel a festival, we are committed to providing written confirmation of the cancellation. Additionally, we will communicate the details of our refund timeline and process to all affected parties. 

Regrettably, we cannot assume liability for any expenses or losses you may incur due to the festival's cancellation. 

It is essential to note that any fees associated with amendments or bookings, whether previously paid or agreed upon, are strictly non-refundable under any circumstances. 

Cancellation by You: 

If you fail to meet your payment plan obligations in a timely manner, despite three diligent attempts by us to process the payment, we reserve the right to cancel your booking. In this scenario, you shall not be entitled to request a refund. Furthermore, if you choose to cancel your payment plan voluntarily, you hereby agree to forfeit any and all funds already paid towards the plan, as these payments are non-refundable. We wish to emphasize that our products and services are offered on a non-refundable basis, and as such, we cannot accept refund requests from our customers.


12. TRANSFERRING A TICKET

Transfer or name changes are not permitted under normal circumstances. If a circumstance arises where transfers are permitted, by agreeing to the booking conditions, you acknowledge that all booking transfers are final. Once a booking has been transferred, you understand and accept that you are no longer the lead booker and hereby waive any right to reclaim the booking. 


13. POSTPONEMENT

Your ticket will be subject to the laws and regulations that apply in the Jurisdiction that the festival is held in and not where the ticket is purchased. Any changes in law or regulations enacted by that jurisdiction take precedence. In the unlikely event that the festival cannot take place as arranged, it will automatically be postponed and you will be entitled to a ticket of the equivalent value for the rearranged festival.

We will provide alternative dates for the re-arranged festival as early as reasonably possible.

Should you be unable to attend the re-arranged festival, you must inform us in writing within 30 days of the announced date. If we receive your written notice, we will advise you of the options available to you [e.g. transfer your of ticket and refund options]

Should you fail to provide us with written confirmation within 30 days-notice of the announcement of the re-arranged festival, you will have agreed to receive an alternative ticket.

Special Note: We cannot meet any expenses or losses that you may incur as a result of the postponement.


14. WARRANTIES AND INDEMNITIES

You represent and warrant that the information that you submit to us in relation your account and in your use of our Product and Services is true, accurate and complete and you will not use any false information, including contact information.

You represent and warrant that in using our website, you shall comply with all applicable laws and regulations, along with these Booking Conditions and any other applicable Booking Conditions.

You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the “Indemnified Parties”) against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of these Booking Conditions or any other applicable Booking Conditions, breach of any applicable laws or regulations, or breach of any third party rights.


15.LIMITATION OF LIABILITY

To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Suppliers shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by our suppliers):

(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or our suppliers;

(b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our negligence); or

(c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of these Booking Conditions and/or any other applicable Booking Conditions and/or any applicable laws or regulations.

We are not responsible for any internet connection errors experienced while using our Product and Services.

Nothing in these Booking Conditions seeks to exclude or limit our or any liability for death or personal injury caused by our or any of our suppliers  negligence, fraud or other type of liability which cannot by law be excluded or limited.


16. QUERIES, COMPLAINTS AND DISPUTE RESOLUTION

If we need to contact you, we will use the contact details you provided at the time of making your ticket purchase. It is your responsibility to inform us immediately of any changes to your contact details, whether before or after receipt of Product and Services. In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.

By making a purchase with us, you agree to contact us at support@afronation.com for queries or complaints regarding your purchase or event experience prior to filing a dispute with your bank. 

If you have any complaints that arise during the event and the problem cannot be resolved by the staff available at the time, and you wish to complain further, you must send formal written notice of your complaint to us at: [support@afronation.com]  within 28 days of the end of the event, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect our ability to investigate your complaint, and will affect your rights under this contract. 


17. LAW AND JURISDICTION

These Booking Conditions shall be governed by and construed in accordance with U.S Law, and both you and we agree to submit to the non-exclusive jurisdiction of US courts in relation to any dispute arising from or connected to these Booking Conditions.

If any provision of these Booking Conditions is or becomes illegal, invalid, or unenforceable pursuant to the law of any applicable jurisdiction, this shall not affect the legality, validity, or enforceability of any other provision in that jurisdiction.

If any provision of these Booking Conditions is found invalid or unenforceable by a competent court, that provision shall be omitted from these Booking Conditions, and the other provisions shall remain in full force and operate separately.

Our delay or failure to enforce any provision of these Booking Conditions does not constitute a waiver of our right to do so.