HOSPITALITY TERMS AND CONDITIONS
These hospitality terms and conditions (which incorporate the Hospitality Booking Form (as defined below), the Stadium’s Ground Regulations and the Home Match Ticket Conditions (together the “Terms”) set out the terms upon which West Bromwich Albion Football Club Limited (the “Club”) will provide the hospitality at the Stadium.
Your signature or that of your representative, on the Hospitality Booking Form signifies your acceptance of the Terms and your agreement to comply strictly and fully in accordance with them.
1.1 “Excluded Match” means any football match played at the Stadium during the Season which is not a Permitted Match.
1.2 “Guest(s)” means any person or persons on whose behalf you have purchased the Hospitality (whether such person or persons is/are identifiable at the date of the Terms or otherwise) including babies, infants and children.
1.3 “Hospitality” means the right to occupy the seat (or seats) and enjoy the associated hospitality package(s) at Permitted Matches (as such Permitted Matches are identified in the Hospitality Booking Form).
1.4 “Hospitality Booking Form” means the booking form overleaf or attached.
1.5 “Permitted Match” means a specified football match in which the Club’s men’s first team plays at the Stadium during the Season as set out in Clause 5.1 and for which Hospitality is purchased.
1.6 “Season” means the football season running from August 2019 to May 2020 inclusive
1.7 “Stadium” means The Hawthorns, West Bromwich, West Midlands, B71 4LF.
1.8 “you” or “your” means the person or legal entity whose details are set out on the Application Form.
2. CONTRACT FORMATION
2.1 By submitting a written confirmation of a hospitality booking (Inclusive of an emailed confirmation), you are making an offer to purchase the hospitality in accordance with the Terms. Once the club has issued you with a VAT invoice and/or issued you and your Guests with the relevant tickets for Hospitality and/or you have made payment in the form of a deposit or in full, this will be deemed to be acceptance by the Club of your offer to purchase Hospitality and a binding contract shall be formed between yourself and the Club from that point.
2.2 Where you are applying for the Hospitality on behalf of a Guest or Guests, you will be deemed to be acting with the consent of each Guest for whom you are making the purchase, including acting with their authority to agree to the Terms on their behalf.
3. PAYMENT TERMS
3.1 Subject to clauses 3.2 and 3.3 below, the Club will send you an invoice for the Hospitality (plus VAT) and all invoices must be paid in full within 30 days of the date of the invoice.
3.2 In the event that you elect to pay in full, payment is due within 30 days of the date of the invoice
3.3 In the event that you elect to pay for the Hospitality via Direct Debit, you will ensure that payment is made on the dates and at the frequencies that the Club directs. A 25% deposit payment is required with a Direct Debit option with payment dates and frequencies thereafter directed by the Club. Direct Debit payments are taken on the last business day of each month.
3.4 If any monies are overdue to the Club from you in connection with the Hospitality (for any reason) the Club shall have the right to
(i) suspend enjoyment of the Hospitality until all such outstanding sums are paid and/or
(ii) terminate the contract for Hospitality between you and the Club. In these circumstances, no refund will be paid in respect of the remainder of the Season or any games missed during such suspension / termination and the provisions of Clause 12.2 shall apply.
4.1 No-one shall be admitted to the Hospitality without a valid ticket or pass. For the avoidance of doubt, this includes babies, infants and children. Admission will be refused to any person who attempts to use a ticket or pass which has been cancelled or withdrawn by the Club or used for more than one occasion at the same match. Any behaviour of this type will be deemed to be a breach of the Terms.
4.2 Purchase of Hospitality does not guarantee a ticket for any of the Club’s away matches or for any Excluded Match. You shall not be entitled to enter the Stadium and/or watch any match or event other than a Permitted Match.
4.3 You must inform the Club of any special dietary requirements of you and/or your Guests at least 7 days prior to the relevant date of your Hospitality.
4.4 Where available, you may purchase Hospitality for additional Guests for Permitted Matches at any time up to 3 days before the scheduled date of such Permitted Match. In these circumstances an additional hospitality booking form will need to be completed and notification of any special dietary requirements of your additional Guests will need to be given to the Club immediately on completion of such additional booking form.
4.5 You shall and shall procure that your Guests shall observe and comply with the Terms at all times and you shall and shall ensure that your Guests shall, when enjoying the Hospitality, observe all reasonable verbal instructions from members of the Club’s staff. The Club reserves the right to suspend the Hospitality and associated benefits (or any other hospitality and associated benefits in your or your Guests name) for a period of time, to withdraw its use and/or cancel the contract for Hospitality between you and the Club in the event that you or any of your Guests breach any of the Terms or otherwise misuses the Hospitality. In the event that the Club exercises its rights in accordance with this clause then the provisions of clause 12.2 shall apply.
4.6 The Club may at any time substitute the Hospitality (or any part thereof) with an alternative hospitality package. The Club will endeavour to ensure that such substitute hospitality package (or any part thereof) is of an equal (or greater) value, however where such substitution is not of an equal (or greater) value then the Club shall refund you the difference between the cost of the Hospitality and the cost of the substitute hospitality package (or any part thereof) (if such substitute is a lesser amount).
5. CUP MATCHES (Permitted Match)
5.1 Seasonal Hospitality – Permitted Match is inclusive of the below:
(i) All Domestic League home fixtures during the Season (Not inclusive of League Play Off fixtures)
(ii) The first cup game played at home in each of the two Domestic Cup competitions during the season, irrespective of which round (Hence the first home cup game in The FA Cup and the first home cup game in The Carabao Cup)
6. DRESS CODE
6.1 The dress code for Hospitality areas is smart/casual (no ripped or bleached denims, trainers, tracksuits, shorts or replica football shirts or training wear (including home team kit). It is your responsibility to inform your Guests of the relevant dress codes.
6.2 The Club reserves the right to refuse entrance to the Stadium and cancel the Hospitality where you or any of your Guests do not follow the relevant dress code. In the event that the Club exercises its rights in accordance with this clause then the provisions of clause 12.2 shall apply.
7. CAR PARKING
7.1 In circumstances where the Hospitality includes car parking, the Club will inform you in advance of such Hospitality where you and your Guests may park. Car parking may be provided (at the Club’s sole discretion) within the Stadium’s car parks or within an off-site car parking facility, which may include car parking facilities which are not owned by the Club. Under no circumstances are Hospitality car park permits to be passed on, loaned or sold.
7.2 All car parks and roads adjacent to the Stadium have access restrictions on matchdays, which the Club will inform you of in advance. If such access restrictions are not observed by you or your Guests, you may be unable to access the car parking assigned to you and your Guests. Where such access restrictions are not observed then the provisions of clause 12.2 shall apply.
8.1 No alcoholic or non-alcoholic beverages or food of any kind may be brought into the Stadium or the Hospitality areas.
8.2 Neither of your Guests shall consume alcohol whilst in direct view of a match during the period of 15 minutes immediately prior to kick-off to 15 minutes immediately after the final whistle of each match.
9. PHOTOGRAPHY AND CCTV
9.1 Photographers will be present during the Hospitality and photographs and/or audio-visual footage may be taken. The Club owns all intellectual property rights in such images and footage and shall be entitled to use or permit its commercial partners to use the same for any media and/or marketing purposes. CCTV is employed and operated within the Stadium for the control and safety of spectators.
10. NO REFUNDS AND RESCHEDULED MATCHES
10.1 Once the Club has accepted your offer to purchase the Hospitality and a binding contract is formed, you are not entitled to cancel the Hospitality and obtain a refund. The Club shall be entitled to seek payment in full for the Hospitality and no refund shall be granted in respect of unattended matches.
10.2 Match fixture dates may be subject to change from time to time for reasons which are beyond the control of the Club (including, but not limited to cup competitions, adverse weather conditions, security protocol or incidents and/or television rescheduling). Where a match is suspended, postponed, abandoned or cancelled for reasons beyond the control of the Club, the Club shall not have any liability to you or your Guests, except that following any postponement, abandonment or cancellation you shall be entitled to attend the rearranged match at no additional cost. Where you or your guests are unable to attend any such rearranged match you shall not be entitled to cancel the Hospitality and obtain a refund and the Club shall be entitled to seek payment in full for the Hospitality. The provisions of clause 12.2 shall apply.
11. CANCELLATION BY THE CLUB
11.1 The Club reserves the right to cancel your Hospitality where
(a) you or any of your Guests are in breach of the Terms; and/or
(b) if you or any of your Guests are prohibited by law from entering the Stadium or any other football ground. In the event that the Club cancels your Hospitality in accordance with this Clause 11.1 you shall not be entitled to any refund and the provisions of clause 12.2 shall apply.
12.1 Nothing in the Terms limits or excludes either party’s liability for death or personal injury caused by its negligence, or for fraudulent misrepresentation.
12.2 To the fullest extent permitted by law, the Club nor any of its officers, employees, contractors or agents shall be responsible for (whether in tort, contract or otherwise):
1. a) any loss (whether direct or indirect), damage or injury to you and/or any of your Guests or to any property belonging to you or any of your Guests in or upon the Stadium or any car park offered for use as part of the Hospitality, resulting from any cause whatsoever;
2. b) any, whether direct or indirect, loss arising from any cancellation, postponement, suspension or re-arrangement of your Hospitality pursuant to clause 3.4, 4.5, 6.2,10.2, 11.1, 13.3, any inability to access a car park for reasons referred to in clause 6.2 or any breach by you or any of your guests of the Terms; and
3. c) any, whether direct or indirect, loss of profit, loss of use, loss of opportunity, loss of business, loss of contracts, loss of revenues, loss of goodwill, loss of anticipated savings, any damage to you or your Guests’ reputation, consequential, special or indirect loss or damage, even if the Club has been advised of the possibility of such loss or damage.
12.3 The Club accepts no liability for Hospitality applications, tickets, permits or passes which are lost in the post, mislaid or destroyed. Duplicate tickets, permits and/or passes may (at the Club’s sole discretion) be supplied to you and/or your Guests, upon receipt of a written explanation of the circumstances surrounding the loss and/or damage. The Club reserves the right to charge an administration fee to produce replacements.
12.4 The Club reserves the right to charge you or your Guests for the cost of any repairs, cleaning, maintenance and/or replacement of any property or facilities at the Stadium or any car park which may be provided as part of the Hospitality, resulting from any act or omission by you or any of your Guests.
12.5 You shall indemnify the Club against any and all costs, expenses and or losses of whatever nature suffered directly or indirectly by the Club as a result of any breach of the Terms by you or your Guests or a failure by you to pay any sums to the Club when due.
13.1 The current version of the Home Match Ticket Conditions of Issue (which form part of the Terms) are also available on request or available online at www.wba.co.uk.
13.2 Entry to the Stadium is expressly subject to you and your Guests’ compliance with the Stadium’s Ground Regulations and the rules and regulations of FIFA, UEFA, The Football Association, The FA Premier League and The Football League in the respect of the relevant competition.
13.3 The Hospitality is personal and shall not be transferred or resold save without prior written consent from the Club. For the avoidance of doubt, in the event of any unauthorized transfer or resale of the Hospitality the Club reserves the right to cancel the Hospitality and the provisions of Clause 12.2 shall apply.
13.4 The Club reserves the right to amend the Terms from time to time and shall publish any such amended Terms on its website and/or around the Stadium.
13.5 If any of the Terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent then, they shall, to that extent, be severed from the remaining Terms which shall continue to be valid to the fullest extent permitted by applicable laws.
13.6 The Terms shall be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English Courts.