1.1 this Agreement shall be deemed to be made under the following Terms and Conditions (“Terms”) set out herein between Engage Sport Management Limited (“ESM Ltd”) and the party identified as the client in the attached Schedule (“Client”). The attached Schedule is incorporated in and forms part of this Agreement.
1.2 when a Client indicates that they want to proceed with a booking, ESM Ltd will send them a copy of these Terms and a Schedule. The Client will then sign and return these documents and the parties enter into a binding contract when ESM Ltd receives the signed documents. No contractual relationship between the parties arises until ESM Ltd receives these signed documents.
1.3 subject to the entry into of this Agreement, ESM Ltd will provide the Package in respect of the Event to be held on the Event Date for the Fee. Details of the “Package”, “Event”, “Event Date” and “Fee” are set out in the Schedule.
1.4 the Client hereby expressly accepts that these Terms and the contents of the Schedule constitute the entire agreement between the parties. These Terms apply to this Agreement to the exclusion of any other terms the Client seeks to impose or incorporate, or which are implied by trade, custom, practice, course of dealing or, to the extent possible, statute.
1.5 the Client acknowledges that when entering into this Agreement, it has not relied upon or been in any way induced by any warranties, representations written or verbal that have been made by ESM Ltd or its employees officers or agents other than those contained in this Agreement.
1.6 the Client acknowledges that All Hospitality Packages and Tickets are sold subject to availability and to these Conditions. The issue of a confirmation email from ESM Ltd confirming the booking, the receipt of a signed booking form by ESM Ltd or the receipt of cleared funds from the Client shall constitute acceptance of the booking by ESM Ltd and shall create a Contract subject to these Conditions.
The Client is required to pay 100% of the Fee on confirmation of the booking being accepted by ESM Ltd. Non-payment by a Client by the dates set out in this Term 2 will also be treated as a cancellation of the Agreement by the Client which ESM Ltd may treat in accordance with the terms of Term 4.
Bookings made within Twelve (12) weeks prior to the Event Date will be invoiced in full and are payable within Seven (7) days of signature of this Agreement.
4.1 any cancellation of this Agreement by the Client must be made in writing and is effective from the day it is received by ESM Ltd.
4.2 if this Agreement is cancelled by the Client more than (12) weeks before the Event Date, the Client must pay ESM Ltd, 50% of the Fee as a cancellation fee.
4.3 if this Agreement is cancelled by the Client less than (12) weeks before the Event Date, the Client must pay ESM Ltd, 100% of the Fee as a cancellation fee.
4.4 the Client must pay to ESM Ltd any costs incurred by ESM Ltd in recovering sums owed under this Agreement or damages for
non-performance thereof including legal costs on a full indemnity basis.
4.5 ESM Ltd may at its sole discretion offer the Client an alternative package at an alternative event if the Client indicates a desire to cancel the Package and there is in the sole opinion of ESM sufficient time to resell the Package.
5.The Advertised Package
ESM Ltd will use its reasonable endeavours to provide the Package as advertised for the Event, including, but not limited to timing, date and other arrangements. However, ESM Ltd reserves the right to alter or omit or amend any part of the Package for the Event for any cause that ESM Ltd shall in its sole discretion consider to be reasonable. ESM Ltd is entitled without incurring any liability, to change the location of the hospitality venue.
6.Ticketing and Event Information
Client security passes and Event information will be sent out approximately Two (2) weeks prior to the Event. Tickets will be provided on the day of the Event, unless required for access to the hospitality venue. The Client agrees that it is bound by the terms and conditions of the tickets provided. It is understood that the tickets are not used as an inducement to purchase this hospitality package. Tickets and security passes will only be dispatched once full payment has been received and cleared.
7.Cancellation of Event / Occasion
ESM Ltd gives no guarantee whatsoever that the Event shall take place. Should any Event be cancelled or postponed for any reason whatsoever, the Client will have no entitlement to any refund of monies paid to ESM Ltd. It is the responsibility of the Client to adequately insure themselves against postponement or cancellation for whatever reason of the Event.
8.Third Parties and Liability
This Agreement shall be subject to any terms and conditions which third parties organising and staging the Event and the Package may specify in respect of those people attending the Event. The Client hereby expressly acknowledges that the provision of the Package is subject to the Event taking place, and that this is beyond the control of ESM Ltd. Accordingly, in the event that such facilities or tickets shall not be available for whatever reason, and save as otherwise expressly provided for by statute, any liability to ESM Ltd shall be limited to the return of the Fee.
Save as otherwise expressly provided for by statute, ESM Ltd’s liability howsoever arising and including but not limited to any liability for breach of this Agreement or any negligent acts shall be limited to the value of the Fee. ESM Ltd accepts no responsibility for any loss of profit or any indirect or consequential loss to the Client howsoever caused.
9.Alterations or cancellations by Third Parties
In the event of the cancellation or postponement of an Event, or when the arrangements and / or facilities for an Event are changed or cancelled by a third party, ESM Ltd will use its best endeavours to provide an alternative package for an alternative Event or an alternative package at an alternative location for the Event but shall be under no contractual obligation to do so.]
10.Disclaimer and Indemnity
The Client hereby waives and releases ESM Ltd from and indemnifies and holds ESM Ltd harmless against, any and all costs, damages, and expenses, which are incurred by the client, its agents, employees and/or guests and which arise in connection with this contract or the attendance of the event.
We do not store credit card details nor do we share financial details with any third parties.
12.1 These Terms will be governed by and interpreted in accordance with the laws of England and Wales and both ESM Ltd and the Client shall irrevocably submit to the jurisdiction of the courts of England and Wales.
12.2 The person who signs for the Client personally represents and warrants to ESM Ltd that he or she is duly authorised and has legal capacity to enter into this Agreement on behalf of the Client [and hereby personally guarantees the Client’s performance under this Agreement].
12.3 The Client represents and warrants to ESM Ltd that the entry into of this Agreement has been duly authorised and that this Agreement is a valid and legal agreement binding on the Client in accordance with its terms.
12.4 The Client may not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of ESM Ltd.
12.5 Except as set out in this Agreement, no variation of this Agreement, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by ESM Ltd.
Club Wembley Overseas Guest Terms and Conditions applicable to Travel packages purchased for any football fixtures at Wembley.
I/We agree, as for myself and for any person travelling with me under a Travel Package(s), to comply with the following Terms and Conditions of use of the Event Ticket(s) and Seat(s) as a condition of my/our purchase of a Travel Package(s):
1 UNDERTAKINGS AND ACKNOWLEDGEMENTS
The Overseas Guest and each Overseas Guest Party:
(a) will comply with the Ground Regulations, will observe any reasonable terms and conditions upon which Event Tickets are issued by the relevant Event Holder and will use the Seat(s) and/or any other seat(s) or areas for which you hold an Event Ticket only for the purpose of viewing the Event;
(b) will comply with all Regulatory Requirements to the extent that any such requirements apply to the relevant Event, applicable laws, ordinances, orders, rules and regulations (whether statutory or otherwise and including health and safety requirements) governing the Stadium and the Seat(s) and/or their use while attending Events and will not permit any violation thereof;
(c) will not: (i) behave in a threatening or abusive manner; (ii) cause any disturbance or nuisance; or (iii) prejudice the safety or welfare of any person while using the Seat(s) or when otherwise in or in the vicinity of the Stadium.
(d) acknowledges that standing to view Events may restrict the view of other spectators and cause safety and security risks and the Overseas Guest and each Overseas Guest Party will remain seated in accordance with the Ground Regulations;
(e) acknowledges that, within Club Wembley and in respect of Club Matches only, fans supporting the participating teams are not segregated and that the Overseas Guest and each Overseas Guest Party will behave responsibly accordingly. If so notified before any Event by WNSL, the Overseas Guest and each Overseas Guest Party will not be permitted to wear the replica shirts of any participating team if to do so might create a safety and/or security risk;
(f) will observe the terms and conditions upon which tickets for any transport service made available to the vicinity of the Stadium are issued by the relevant transport operator;
(g) will not bring into the Stadium any flammable, toxic, illegal or other hazardous substances, materials or equipment;
(h) will inform WNSL a reasonable time in advance of a Core Event if the Overseas Guest or any Overseas Guest Party has a disability that may impact on the access to an Event, so that any reasonable requirements can be accommodated by WNSL in accordance with applicable laws;
(i) will not sell, transfer or offer for sale any Event Ticket or any other item or benefit provided to the Overseas Guest and any Overseas Guest Party;
(j) will not bring into the Stadium or use any cameras or audio or visual or data broadcasting or recording equipment of any kind (except for the use of mobile phones and small cameras provided they are for personal and private purposes only) without the prior written consent of WNSL. If the Overseas Guest or Overseas Guest Party acts in breach of this provision, they may be ejected from the Stadium and required to deliver up any tapes, films, disks or other recordings or data, the copyright of which is acknowledged as belonging to WNSL or the relevant Event Holder;
(k) will not use any mobile phones, tablets, laptops or other forms of analogue or digital communication to the extent that this interferes with any equipment or installation operated by or on behalf of WNSL or any Event Holder within the Stadium;
(l) acknowledges and consents to the recording of their likeness and/or voice and that WNSL and the relevant Event Holder is entitled to use all rights in respect of such recordings;
(m) acknowledges that CCTV is in operation at the Stadium and that their image may be recorded and kept for safety or security purposes;
(n) will not sell or offer for sale or advertise any product or service from any part of the Stadium, which includes the display of overt commercial messages on clothing or objects worn or carried in the Stadium;
(o) will not carry out any gambling or betting activities in the Stadium (except through the Stadium’s official bookmaker) unless expressly authorised in writing by WNSL;
(p) will not use any Event Ticket(s) as a gift or prize in any external promotion or external competition or seek to profit from any Event Ticket or other item or benefit provided by virtue of purchasing a Travel Package or release any publicity or make any public statements about any internal promotion or competition relating to any Event Ticket;
(q) will not run any advertisements or promotions relating to or involving in any way WNSL, any Event Holder, any Event, the Stadium, the use of the Seat(s) or Event Ticket(s);
(r) will not exploit any marketing opportunities in relation to the use of the Seat(s) including, without limitation, any display of the Overseas Guest’s or any Overseas Guest Party’s corporate or business logo, trademark or trade name. For the avoidance of doubt, WNSL, any Event Holder and/or their commercial partners or sponsors may exercise marketing opportunities in relation to the Seat(s) for the purpose of, without limitation, the placing of marketing samples and/or other advertising materials;
(s) will not damage, remove or in any way alter the Seat(s) or any other property at the Stadium;
(t) will not consume alcohol in the Stadium in contravention of the Ground Regulations, any Regulatory Requirements or any applicable laws;
(u) will not bring into, prepare or consume within the Stadium any food or beverages other than those purchased from the Stadium Caterer;
(v) acknowledges that Event Ticket(s) are provided subject to the terms and conditions of the relevant Event Holder, promoter or governing body of each Event and by accepting and/or using the Event Ticket in each case the Overseas Guest and each Overseas Guest Party is automatically deemed to have agreed to be bound by those terms and conditions;
(w) acknowledges that the Event Ticket in each case will remain at all times the property of the relevant Event Holder, promoter or governing body of the Event.
(x) acknowledges that the Overseas Guest’s contract is with the Overseas Agent from whom the Overseas Guest purchased a Travel Package and that the Overseas Guest and any Overseas Guest Party must take up any complaint or other matter relating to the Travel Package direct with the Overseas Agent;
(y) acknowledges that WNSL will not be liable to the Overseas Guest or any Overseas Guest Party, except as expressly set out in these Terms and Conditions;
The Overseas Guest provides the above undertakings and acknowledgements for itself and on behalf of each Overseas Guest Party, and the Overseas Guest must inform each Overseas Guest Party that he/she is bound to observe these Terms and Condition and must procure the compliance of the same by each Overseas Guest Party.
If the Overseas Guest or any Overseas Guest Party fails to comply with any of the provisions of this Clause 1, WNSL may at its sole discretion, and without prejudice to any of its other remedies, move the Overseas Guest and/or any Overseas Guest Party to a different location within the Stadium or eject the Overseas Guest and/or any Overseas Guest Party from the Stadium without any refund or compensation.
2 Liability AND INDEMNITY
(a) The Overseas Guest and each Overseas Guest Party will be bound by the terms and conditions established from time to time by WNSL or any Event Holder for cancellation, abandonment, postponement or replaying of an Event. Subject to Conditions 2(b) and (d), WNSL will have no liability to the Overseas Guest or any Overseas Guest Party on account of any such cancellation, abandonment, postponement or replay or other failure or deficiency in the conduct of such Event.
(b) WNSL, its officers, employees, agents and contractors will not be liable or responsible for any loss, damage, or injury to the Overseas Guest or any Overseas Guest Party, or any property of the Overseas Guest or any Overseas Guest Party, resulting from any cause whatsoever, unless due to the negligence or the wilful misconduct of WNSL or of its officers, employees or agents.
(c) Subject to Condition 2(b), WNSL’s aggregate liability to the Overseas Guest or any Overseas Guest Party, whether in contract or tort (including negligence) or in any other way, will not exceed the aggregate cost of the Event Ticket(s) as at the relevant date.
(d) Notwithstanding Conditions 2(b) and (c), WNSL does not seek to exclude or limit its liability for death or personal injury caused by its, its officers’, employees’ or agents’ negligence or for any fraud or wilful misconduct.
(e) WNSL will not be liable to the Overseas Guest or any Overseas Guest Party whether in contract, tort or otherwise for any indirect, incidental, special or consequential loss or damage or for any loss of profit or revenue, loss of use, loss of business or contracts or loss of opportunity.
(f) WNSL will not be liable in any way whatsoever for any act or omission (whether negligent or otherwise) of the Overseas Agent.
(g) If a Core Event is postponed, cancelled or abandoned or if any services are not available for any reason beyond the reasonable control of WNSL no refund or part refund will be made of any amounts paid by the Overseas Guest or any Overseas Guest Party and WNSL will not otherwise be liable to the Overseas Guest or any Overseas Guest Party in such circumstance unless otherwise provided in these Terms and Conditions.
(h) Nothing in these Terms and Conditions affect any statutory rights that the Overseas Guest or any Overseas Guest Party may have.
(i) Without prejudice to any of WNSL’s other rights and remedies, the Overseas Guest or any Overseas Guest Party will be liable to WNSL in respect of any liability, losses, claims, demands, costs and expenses, (including reasonable legal and other professional fees) suffered by WNSL, arising directly out of:
(i) any personal injury or property damage caused by any acts or omissions of any Overseas Guest or Overseas guest Party; and
(ii) the enforcement of these Overseas Guest Terms and Conditions whether or not litigation is actually commenced and including any appeal proceedings.
4 DEFAULT and termination
If, in the reasonable opinion of WNSL, the Overseas Guest or any Overseas Guest Party:
(i) contravenes any of the undertakings contained in Condition 1 (Undertakings and Acknowledgements of the Overseas Guest) or the Ground Regulations or any applicable terms and conditions of an Event Holder;
(ii) is or becomes an Excluded Person,
(A) refuse the relevant Overseas Guest, Overseas Guest Party and/or Event Ticket holder entry into the Stadium; and/or
(B) require the relevant Overseas Guest, Overseas Guest Party and/or Event Ticket holder to leave the Stadium.
5 COLLECTION OF TICKETS AND ADMISSION TO STADIUM
(a) WNSL may at its discretion require Event Ticket(s) to be collected by the Overseas Guest and each Overseas Guest Party in person at a time and location at the Stadium to be notified by WNSL or the Overseas Agent prior to a Core Event. In order to collect Event Tickets, the Overseas Guest and every Overseas Guest Party will be required to provide passport evidence to WNSL as to his or her identity to the satisfaction of WNSL.
(b) Neither the Overseas Guest nor any Overseas Guest Party will be entitled to admission to the Stadium except on presentation at the designated entrance of an appropriate ticket for the Core Event and by complying with such other checks on admission as WNSL may impose from time to time.
6 GOVERNING LAW
These Terms and Conditions are governed by English law. The parties agree that the courts of England have exclusive jurisdiction to settle any dispute arising in connection with these Terms and Conditions and the parties submit to the exclusive jurisdiction of the English courts.
7 TERMS AND CONDITIONS
In these Terms and Conditions, the following terms have the following meanings:
Core Event means an Event for which the Overseas Guest and each Overseas Guest Party holds or will hold an Event Ticket;
Event means any event staged within the bowl of the Stadium which is open to the public;
Event Holder means any person who has contracted, from time to time, with WNSL to stage an Event at the Stadium;
Event Ticket means a ticket for an Event (whether included as part of a hospitality package or otherwise), including a paper ticket, an access card, a ‘print at home’ ticket, an e-ticket, a mobile ticket or by such other means as determined by WNSL from time to time;
Excluded Person means:
(a) any person from time to time banned by The FA from membership of the “England Supporters Club” or any successor or replacement official supporters club for the England senior men’s national football team;
(b) any person from time to time subject to a football banning order pursuant to a conviction under The Football Disorder Act 2000;
(c) any person known or reasonably believed by WNSL to have been convicted of an offence under section 166 of The Criminal Justice and Public Order Act 1994 (subject to review by WNSL in its reasonable discretion after such time as any such conviction is spent);
(d) any other person from time to time known or reasonably believed by WNSL to have been banned, by The FA, the Football League, UEFA, FIFA, the Rugby Football League or otherwise, from travelling to or attending an association football or rugby league match; and
(e) any person known or reasonably believed by WNSL to have been engaged in the unauthorised sale of Event Tickets;
The FA means The Football Association Limited a company incorporated in England and Wales (Registered No. 77797);
Ground Regulations means the rules and regulations WNSL may establish from time to time concerning Events which will be displayed in the Stadium, on WNSL’s website or otherwise notified to you. WNSL’s current Ground Regulations can be found on WNSL’s website at www.wembleystadium.com;
Overseas Agent means the person or organisation with whom WNSL has entered into a Membership Agreement which expressly authorises the Overseas Agent to sell or transfer Event Tickets as part of a Travel Package, provided such sale or transfer is made strictly in accordance with the terms of the Membership Agreement;
Overseas Guest means any person who purchases an Event Ticket as part of a Travel Package from an Overseas Agent;
Overseas Guest Party means any individual travelling with the Overseas Guest as part of a Travel Package purchased by the Overseas Guest and issued with an Event Ticket through the purchase of the Travel Package by the Overseas Guest;
Regulatory Requirements means: (i) the general safety certificate and/or any special safety certificate applying to the Stadium from time to time (including any self-certifications); and (ii) the bye-laws, rules, regulations, orders, directions, codes of practice and other guidelines of the London Borough of Brent, the Metropolitan Police Service, the London Fire Brigade, the Football Licensing Authority, The FA, FIFA, UEFA, The Football League, the European Commission, or any replacement or successor bodies, and any other authority or organisation that has jurisdiction or authority in relation to the holding of Events at the Stadium from time to time;
Seat means the seat(s) in the Stadium which the Overseas Guest will be entitled to use, subject to compliance with these Terms and Conditions;
Stadium means Wembley Stadium, Wembley, Middlesex, United Kingdom;
Stadium Caterer means the official caterer operating at WNSL including any concessionaires from time to time. The current official caterer is Delaware North Companies (Wembley) Limited at Wembley Stadium, London HA9 0WS;
Terms and Conditions means these terms and conditions in relation to the use of Seat(s) for a Core Event; and
Travel Package means the package of goods and services sold by the Overseas Agent which includes one or more Event Tickets packaged with return flights to and from London for each Overseas Guest and Overseas Guest Party.
I have read and understand these Terms and Conditions and agree (as for myself and for any person travelling with me under a Travel Package) to be bound by these Terms and Conditions as a condition of my/our purchase of a Travel Package.
I/WE have read and understand these Terms and Conditions and agree to be bound by these Terms and Conditions as a condition of my/our purchase of a Travel Package.