WEST BROMWICH ALBION FOOTBALL CLUB - STADIUM TOUR terms and conditions
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1 In these terms and CONDITIONS, THE FOLLOWING DEFINITIONS APPLY:
“Agreement” means these terms and conditions and the ground regulations (which can be found on the Club’s website (www.wba.co.uk) or around the Stadium) that apply to each Booking;
"Booking” means the reservation or purchase of ticket(s) to the Stadium Tour;
“Club” means West Bromwich Albion Football Club Limited (CRN: 03295063) of The Hawthorns, West Bromwich, West Midlands, B71 4LF;
“Customer” means any individual included in a Booking for a Stadium Tour;
“Event of Force Majeure” means any cause beyond the Club’s reasonable control including without limitation, being required to play a football match at the Stadium on the date of the Stadium Tour, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group and/or football authority, football governing body, football regulator;
“Stadium” means the football stadium known as “The Hawthorns” and the surrounding premises owned by the Club.
“Stadium Tour” means a guided tour of the Stadium
2 AGREEMENT TO THESE TERMS AND CONDITIONS
2.1 The Agreement applies to the Stadium Tour and takes precedence over any other terms and conditions received or provided by the Customer in respect of the Stadium Tour.
2.2 Purchasing a Stadium Tour ticket is deemed acceptance of the Agreement. Any individual purchasing a ticket for a third party shall be deemed to be acting with the consent of that third party for whom they are making the purchase, including acting with authority of that third party to agree to this Agreement on their behalf.
2.3 All warranties, conditions and other implied terms implied by statute or common law are, to the fullest extent permitted by law, are excluded from the Agreement.
3 CUSTOMER ACCESS AND OBLIGATIONS
3.1 A Customer that is under 16 on the date of the Stadium Tour must be accompanied by a paying Customer who is over 16. Such accompanying Customer accepts full responsibility for the acts or omissions of the minor(s) they are accompanying. Confirmation of age may be requested by the Club as it deems necessary.
3.2 The Customer shall only be permitted access to areas of the Stadium that form part of the Stadium Tour. Access to any other areas of the Stadium is prohibited.
3.3 The Customer shall comply with (i) all instructions of any Club official, (ii) with the Club’s policies and procedures while at the Stadium and (iii) permit the Club to search all Customer belongings that are being brought into the Stadium.
3.4 The Customer shall not:
(a) bring any animals, other than assistance dogs within the meaning of the Equality Act 2010, to the Stadium;
(b) bring any food or liquid refreshments (including, but not limited to, alcohol) to the Stadium;
(c) do or permit to be done anything at the Stadium which is illegal and/or may result in the forfeiture, endorsement or non-renewal of any licences held by the Club;
(d) display any advertisement, signboards, flag, banner, placard, poster, signs or notices at the Stadium without the prior written consent of the Club;
(e) cause a nuisance (whether actionable or not) or annoyance or inconvenience or disturbance to the Club or to other persons who may be using the Stadium or owners of local residences or local residents living around the Stadium;
(f) behave in any way which will or may (a) damage the Stadium; (b) be immoral or dangerous (c) infringe any licenses held by the Club; (d) damage the reputation of the Club (e) breach any applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club, including with limitation those that are implemented from time to time in connection with any epidemic, pandemic, infectious disease and/or any other health emergency or otherwise; and/or
(g) take any photos or videos whilst on the Stadium Tour unless for private and non-commercial purposes and will not take any photos or videos whatsoever in any prohibited areas.
3.5 All personal belongings brought to the Stadium are done so at the Customer’s own risk. The Club reserves the right, at its sole discretion, to refuse to allow any item into the Stadium which it considers to be dangerous or offensive and reserves the right to confiscate such items or refuse entry to any person in possession of such items.
3.6 Unless otherwise advised by the Club on the day of the Stadium Tour, if a Customer arrives after the Stadium Tour start time they will not be permitted to join the Stadium Tour and the Club shall not be liable to the Customer for a refund or any other compensation in such circumstances.
3.7 Without any liability to a Customer, the Club reserves the right to refuse admission to any Customer or to remove any Customer from the Stadium and/or the Stadium Tour at its absolute discretion, including without limitation if that Customer:
(a) acts in a way which in the opinion of the Club is unacceptable or reasonably likely to cause damage or injury to either that Customer and/or any other visitor and/or any other person and/or the Stadium or Club property;
(b) refuses to permit his person or possessions to be searched on entry or during the Stadium Tour or poses a security risk;
(c) is in breach of the Agreement.
Where the Club has taken action in accordance with this clause 3.7, in addition to any other rights available to the Club, it may also ban the relevant Customer from (i) the Stadium, (ii) attending Club matches and/or events and (iii) it may involve the Police and pursue the relevant Customer in the civil courts.
3.8 The Customer shall indemnify the Club, its officers, employees, contractors and agents against any loss or liability which the Club incurs as a result of any breach of this Agreement or any act or omission by the Customer (including, without limitation, any loss or liability in respect of any damage to property as a result of any act or omission by the Customer).
4 CHANGES TO THE STADIUM TOUR
4.1 The Club cannot guarantee that all advertised parts of the Stadium Tour will be available and form part of each Stadium Tour. Accordingly, without any liability on the part of the Club, and in addition to any other Club rights, the Club reserves the right to change the contents of the Stadium Tour or close parts of the Stadium where such change(s)/closure(s) are required for operational reasons (including without limitation changes to football fixtures / fixture times, new fixtures), for reasons beyond the Club’s control and/or where building work or repairs to the Stadium are required.
5 cancellation and/or re-arrangement of STADIUM tour BY CLUB
5.1 At the Club’s sole discretion, where the Club considers it necessary, Stadium Tours may be subject to change, cancellation and alteration, sometimes at short notice. Subject to clause 5.3, in such circumstances the Club shall (i) try to provide notice to the Customer (if reasonably practicable and contact details have been provided) of such changes, cancellation and/or alteration and (ii) where the Stadium Tour is cancelled the Customer shall be entitled to accept an alternative date/time (where available) or to receive a full refund (meaning the price paid to the Club by the Customer at the time the Customer made their Booking for the Stadium Tour). In such circumstances, no further compensation will be payable by the Club and the Club shall have no further liability to the Customer or any other third party.
5.2 Where the Club deems (in its absolute discretion) that the Customer is or is likely to be, in any way detrimental to the image, reputation and good standing of the Club, the Club’s trademarks and/or the Club’s brands, the Club may cancel the Booking and a refund shall be made in such circumstance. No further compensation will be payable by the Club and the Club shall have no further liability to the Customer or any other third party.
5.3 The Club shall not be liable to the Customer or any other third party as a result of any failure or delay to perform its obligations under this Agreement as a result of an Event of Force Majeure. In such circumstances, the Customer shall be offered an alternative date/time within 12 months of their original date of their booked Stadium Tour (where available). If no such alternative date/time is offered to the Customer, then the Customer shall be entitled to receive a full refund (meaning the price paid to the Club by the Customer at the time the Customer made their Booking for the Stadium Tour). No further compensation will be payable by the Club and the Club shall have no further liability to the Customer or any other third party.
6 Cancellation by customer
6.1 A Customer may cancel a Booking. Where such Booking is cancelled within 14 days of the Booking being made then a refund will be offered to the Customer but only where the date of the Stadium Tour subject to the Booking has not occurred. To cancel the Booking, the purchaser will need to give a clear statement that the purchaser wishes to cancel, which shall include the purchaser’s name, address, contact details, and the gift voucher that the purchaser wishes to cancel and send this to www.events@wbafc.co.uk. If it wishes, the Customer can use the model cancellation form at the end of these terms and conditions. Any reimbursement will be made using the same means as payment as you used for the initial transaction unless we agree otherwise. In all other circumstances, no refunds will be provided.
6.2 If, prior to the start time of the allocated Stadium Tour, a Customer requests to change their Booking to an alternative date and/or time, then the Club shall make reasonable efforts (subject to availability) to rearrange the Booking but no guarantee is provided that this will be possible and the Club shall not incur any liability to the Customer if such request cannot be fulfilled.
7 LIMITATION OF LIABILITY
7.1 Subject to clause 7.3, the Club excludes all liability in respect of:
(a) any loss, theft or damage, howsoever caused, or by whoever caused, with respect to any property of any person that occurs in or at the Stadium during the Stadium Tour or otherwise (except to the extent that such damage or theft arises from negligence of the Club);
(b) the death or personal injury howsoever and or to whosoever caused which occurs while a person is at the Stadium or in respect of any loss or damage suffered, caused or sustained by any person in consequence of such death or personal injury (excluding any death or personal injury caused by the Club’s negligence).
7.2 Subject to clause 7.3, the Club’s total aggregate liability to the Customer for any cause of action arising out of or in connection with the Agreement (whether for breach of contract, tort (including negligence), misrepresentation or otherwise) shall not exceed the price paid by (or on behalf of) the Customer for the Stadium Tour.
7.3 Nothing in the Agreement limits or excludes either party’s liability for (i) fraud, (ii) death or personal injury caused by its negligence, (iii) fraudulent misrepresentation or (iv) any other matter not permitted to be excluded under English law.
7.4 Where a third party makes a Booking it shall be jointly and severally liable for the actions and/or omissions and/or the liabilities in respect of or in connection with a Stadium Tour of those individuals included in that Booking. Such third party shall be responsible for ensuring that those individuals included in the Booking comply with the Agreement. The Club shall be entitled to enforce its rights under law and/or under the Agreement against the third party that made the Booking and/or the individuals that are included in that Booking.
8 GENERAL
8.1 Bookings are strictly non-transferable and non-assignable save that the Club may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Agreement.
8.2 Any variation or amendment to this Agreement shall not be valid unless it is set out in writing and signed by both the Customer and the Club.
8.3 This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, commitments or understandings.
8.4 This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement.
8.5 If any provision or part provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part provision shall be deemed deleted. Any modification to or deletion of a provision or part provision under this clause 8.5 shall not affect the validity and enforceability of the rest of this Agreement.
8.6 This Agreement and any non-contractual obligations arising out of or in connection with it are governed by English law and the parties hereby irrevocably submit to the jurisdiction of the English courts. In the case of personal data, the UK Information Commissioner (and any other competent data protection supervisory authority) shall also have jurisdiction.