Rochdale Association Football Club Limited

Individual Match Tickets – terms and conditions

Introduction

1.   Where these terms and conditions apply

This Agreement sets out the contractual terms and conditions in relation to the purchase of Tickets by a purchaser (‘Purchaser’).

These terms and conditions are between

·       Each Ticket Holder; and

·       Rochdale Association Football Club Limited, Crown Oil Arena, Sandy Lane, Rochdale, OL11 5DR, UK, (company Number: 00111019, VAT Number: 146712469) (‘Club’)

By purchasing his/her tickets, the Purchaser will be regarded as having read and understood these terms and conditions.

2.   Recommendations from the Club

The Club recommends that the Purchaser reads these terms and conditions carefully.

3.  About the parties

If the relevant Match Organiser is an organisation other than the Club

·       The Club sells the relevant Tickets to the Purchaser as agent of that organisation.

·       The sale of the Tickets is subject to the terms of sale and relevant Stadium conditions of that organisation.

·       The Club is not responsible to the Purchaser and/or any other Ticket Holder for the delivery and/or functioning of the Tickets.

·       The Club does not retain the funds which the Purchaser has paid for the Tickets. If the Purchaser and/or other Ticket Holder requires a refund, he/she should contact that other organisation.

·       The Club’s only obligation to the Purchaser and/or relevant Ticket Holder is to ensure the relevant Ticket is made available for collection by the Purchaser or other relevant Ticket Holder.

4.   If the Ticket Holder of a Ticket which the Purchaser has purchased for a Match is a person other than the Purchaser

·       The Purchaser has purchased the relevant Ticket as irrevocable agent of that Ticket Holder.

·       The Purchaser therefore binds that Ticket Holder to these terms and conditions in relation to the relevant Ticket.

·       The Purchaser shall indemnify the Club if and to the extent that Ticket Holder does not recognise the binding nature of these terms and conditions in relation to the Ticket.

5.  Obligations of the Club

Obligations of the Club to the Purchaser or other Ticket Holder in consideration for the Purchaser’s purchase of the relevant Ticket

·       The Club must admit the Purchaser or other Ticket Holder to the Stadium and (if the Ticket indicates an allocated seat) allow him/her to sit in that seat for the duration of the Match.

·       The Club must arrange for the relevant Match to be played on the relevant day and at the relevant time, subject to its rights to cancel, postpone etc. indicated elsewhere in these terms and conditions.

6.   If an organisation other than the Club is the Match Organiser

The Club’s sole responsibility to the Purchaser or other Ticket Holder is to liaise with that other organisation in relation to the relevant Match.

7.  Duty of care

To whom the Club owes a contractual duty in relation to the Purchaser’s purchase of his/her Tickets

·       Only to the Purchaser or other relevant Ticket Holder, not to anyone else.

·       Any other rights of a third party for the purposes of the Contracts (Rights of Third Parties) Act 1999 are excluded to the fullest extent permitted by Law.

8.   Uncontrollable events

Events and circumstances outside the Club’s reasonable control

The Club is relieved from its obligations to the Purchaser or other relevant Ticket Holder in relation to any Tickets which the Purchaser has purchased in relation to a particular Match for any of the following:

·       Failure in the delivery of the Tickets (if posted);

·       Postponement or cancellation of the Match;

·       Delay to the start or completion of the Match;

·       Discontinuation of the Match after it has started;

·       Any of the failure by the Club to carry out any of its contractual obligations to the Purchaser or other relevant Ticket Holder in connection with the Purchaser’s purchase of his/her Tickets

To the extent any of the above are caused by events and/or circumstances outside the Club’s reasonable control.

9.  Examples of events or circumstances described in item 8

(not an exhaustive list)

(a)           If the Tickets are to be posted to the Purchaser

Failure by Royal Mail (or any other national postal carrier at the time) to deliver the Tickets in time.

(b)           Incorrect information

Any information supplied by the Purchaser to the Club in connection with the purchase of the relevant Ticket is materially inaccurate and/or materially incomplete.

(c)           If the Match is cancelled, postponed, or the commencement or completion of the Match is delayed, or the Match is discontinued after it has started – it is due to any of the following

(i)            Requirement of the authorities

The Club is required by relevant authorities (e.g. local authority, central government, the police, the relevant governing body of the competition, neutral match officials) and/or by Law to take such action.

(ii)           If the Club is not the Match Organiser

Any breach or other failure by the Match Organiser in connection with the Match (e.g. in stewarding activities in connection with the Match).

(iii)          Unfit pitch

On a reasonable view, the ground is not fit for play due to severe weather (e.g. waterlogging).

(iv)          Determination by neutral match officials

Any authorised neutral match officials decide the match should be postponed, cancelled, delayed or discontinued (e.g. referee).

(v)           Safety and other grounds

·       It is reasonable in the circumstances for the Club to take such action in the interests of the safety and general well-being of spectators, players officials, Club staff.

·       In particular, it is reasonable for the Club to require the evacuation of the stadium for such purposes at around the time the Match is due to start and/or while it is in progress (e.g. there is a fire, severe weather or other natural disaster, severe crowd disruption, significant security issues etc.).

(vi)          Unusable

Any part of the stadium reasonably essential to the conduct of the Match (e.g. the pitch, floodlights, significant parts of the seating) has become unusable in circumstances where the Club has not had a reasonable opportunity to make appropriate repairs.

(vii)         Utility

·       There is a disruption to the supply of utility services (e.g. electricity, water) reasonably necessary for the continuation of the Match.

·       In particular, if Match is held at night, the floodlights are unusable due to electricity disruption.

(viii)        Opponent

The Club’s opponent is unable to participate in the Match for any reason outside the Club’s reasonable control.

(ix)          Transportation

There are delays caused by transporting players and/or Match officials to the stadium in time.

(x)           Strikes

Playing the Match is not reasonably possible due to a strike or similar, whether affecting players, Match officials or otherwise.

10.   Consequences of any of the actions described in item 8

·       A Purchaser or relevant Ticket Holder will be permitted to attend a rearranged fixture.

·       The Club will charge the Purchaser a fee for admittance at a rearranged fixture and any waiver of such fee will be entirely at the Club’s discretion.

11. Loss or theft of Ticket

If (before the Match)

·       A Ticket Holder loses his/her ticket; or

·       A Ticket Holder’s Ticket is stolen.

·       He/she should report this to the Club promptly after first becoming aware of the matter.

·       If he/she believes the Ticket has been stolen:

-    He/she should report the matter to the police promptly after first becoming aware of the matter.

-    He/she must quote any crime number in any correspondence with the Club on the matter.

12.   Obligations of the Club in the circumstances described in item 11

·       If the Club is the Match Organiser: to replace the Ticket if it has been given sufficient prior notice from the Purchaser and/or the relevant Ticket Holder to do so.

·       If the Club is not the Match Organiser: to use reasonable efforts to liaise with the relevant Match Organiser to seek the replacement of the Ticket. The Club is not liable to the Purchaser and/or the relevant Ticket Holder if the Match Organiser fails to do so for any reason.

13.   If

·       The Purchaser and/or other relevant Ticket Holder is material breach of these terms and conditions (including any breach of item 16; and/or

·       The Purchaser and/or other relevant Ticket Holder has a conviction of an offence described in item 17 (or the Club has reasonable grounds to suspect the Purchaser and/or other relevant Ticket Holder to have committed such an offence)l and/or

·       The Purchaser and/or other relevant Ticket Holder has acted in a manner (whether or not connected with the Match and/or the Club) to bring (or to create an unreasonable risk of bringing) the Club into serious disrepute by association

14. Right to refuse admission or remove

 
Right to refuse admission or remove the Ticket Holder

The Club or other relevant Match Organiser may

·       Refuse admission to the Stadium to the relevant Ticket Holder and/or

·       Remove the relevant Ticket Holder from the Stadium

With reasonable grounds e.g.

·       His/her serious misconduct

·       His/her excessive drunkenness.

·       His/her serious and/or persistent failure to comply with the code of conduct of the Stadium or similar which applies at the time.

·       His/her persistent refusal to comply with the reasonable and properly communicated instructions of the Match Organiser and/or its agents, whether relating to safety, access to appropriate parts of the Stadium, security or other matters.

15.   Liability of the Club or other relevant Match Organiser to refund any part of the price of the Ticket if the Club or other relevant Match Organiser takes any of the actions described in item 14

Not liable to do so.

16. Right to transfer

Right of the Purchaser or other relevant Ticket Holder to transferhis/her Ticket

·       He/she must not do so, except with the written permission of the Club and/or other Match Organiser, at discretion.

·       The Club and/or other Match Organiser may refuse admission to the Stadium to any person to whom the Ticket has been transferred without such permission, unless that person purchases another Ticket, if available.

17.   About certain unauthorised sale or other disposal of a Ticket

Such activity may be a criminal offence under relevant Law (currently section 166 of the Criminal Justice and Public Order Act 1994).

If  

·       The Purchaser or other Ticket Holder is convicted of a criminal offence related to the illegal sale or other disposal of a Ticket; or

·       The Club has reasonable grounds to suspect him/her of committing such an offence

Then

·       The Club may notify appropriate authorities (e.g. the governing body of the competition, the police etc.; and

·       The Ticket Holder authorises the Club to make necessary disclosures to the relevant authorities (e.g. the name and contact details of the Purchaser or other Ticket Holder, details of the actual or suspected offence, other ticket purchases etc.); and

·       This shall be considered a breach of these terms and conditions.

18.  Caps and exclusions of liability

Maximum liability of the Club, its Affiliates and their respective staff to the Purchaser and/or other relevant Ticket Holder (in tort, contract or otherwise) in connection with the Purchaser’s purchase of his/her Tickets

The total liability of the Club to the Purchaser and/or other relevant Ticket Holder as aggregated between them (in tort, contract or otherwise) in connection with the Purchaser’s purchase of his/her Tickets is capped to the total amount which the Purchaser has paid the Club for each affected Ticket in relation to the relevant Match.

19.   Exclusions of liability of the Club, its Affiliates and their respective staff to the Purchaser and/or other relevant Ticket Holder (in tort, contract or otherwise) in connection with the Purchaser’s purchase of his/her Tickets

The Club is not in any case liable to compensate the Purchaser and/or other Ticket Holder

·       For the Purchaser’s costs in attending any actual or prospective Match, including any travel and/or accommodation and/or subsistence costs he/she incurs for that purpose; and/or

·       For the Purchaser’s loss of profit or opportunity; and/or;

·       Any special, indirect or consequential loss or damage incurred by the Purchaser (including his/her disappointment)

As a result of the Club’s breach (whether in tort, contract or otherwise) in connection with the Purchaser’s purchase of his/her Tickets (e.g. the Match being cancelled, postponed, the commencement or completion of the Match being delayed, or the Match being discontinued after it has started where the circumstances in item 8 do not apply).

20.   Where caps and exclusions of the liability of the Club and/or its Affiliates in these terms and conditions do not apply

They do not apply to the liability of the Club and/or its Affiliates in relation to any of the following:

·       Death or personal injury caused by the negligence of the Club and/or its Affiliate.

·       Fraudulent misrepresentation by the Club and/or its Affiliate.

·       Anything else to the extent the Law does not permit the capping and/or exclusion (as relevant) of its liability.

21. Miscellaneous

What constitutes the entire contract between the Purchaser (or other Ticket Holder) and the Club in relation to the sale and purchase of the Tickets

All of the following (to comprise the entire agreement between them in relation to the sale and purchase of the Tickets – no other terms and conditions apply:

·       These terms and conditions

·       Anything contained in any on-line application process.

·       Any scripted material read to the Purchaser by personnel of any call centre engaged by the Club in connection with the sale of the Tickets.

·       Any code of conduct or charter that is issued from time to time by the Club in relation to spectators and fans.

22.   Consent to be photographed etc.

·       The Club and/or its Affiliate or agent may from time to time create video and/or audio footage of spectators at a relevant match.

·       The Purchaser and/or relevant Ticket Holder:

-    Irrevocably consents to being included in such footage.

-    Irrevocably grants the Club and/or its Affiliate all rights of use and title in such footage to the extent it contains his/her image and/or voice and/or anything else which identifies him/her. The Club and/or its Affiliate may not use that footage in any way to harm the reputation of the relevant individual.

-    Irrevocably waives any right he/she may have to further payment in respect of such footage.

23.   Rights of the Club to assign, novate the contract relating to the sale and purchase of particular Tickets

The Club may do any of the following without requiring the prior consent of the Purchaser or other Ticket Holder:

·       Assign its rights and benefits under that contract to any person; and/or

·       Novate its rights, benefits and obligations under that contract to any Affiliate of the Club.

24.   How the contract relating to the sale and purchase of particular Tickets is to be amended

·       By agreement in writing between the Purchaser, any other relevant Ticket Holder and the Club.

·       No particular formalities are required.

·       It must indicate an intention to amend that contract.

25.   Where any part of the contract relating to the sale and purchase of particular Tickets is held by any court (or equivalent body) to be invalid or unenforceable for any reason

·       First step: if possible, the relevant provision shall be modified by removing or altering those parts of that provision that create the invalidity or unenforceability. Such removal or alteration shall be to the minimum extent necessary to allow the provision to be held to be valid and enforceable, having regard to the purpose of the relevant provision.

·       Second step (if the above step is not reasonably possible): the entire provision shall be severed from that contract unless it alters the fundamental nature of that contract or is otherwise against public policy.

·       The rest of that contract remains binding.

26.   About the Club’s waiver of its rights and/or powers under the contract relating to the sale and purchase of particular Tickets

·       Its waiver is not binding on the Club unless indicated writing, clearly indicating an intention to waive the relevant rights and/or powers.

·       Its delay or failure to exercise that right or power shall not in itself be a valid waiver of it

·       Its waiver of that right or power on one occasion does not (except to the extent otherwise indicated in that waiver) in itself constitute a waiver of the same right or power on a later occasion and does not affect any other right or power.

27.   The law under which the contract relating to the sale and purchase of particular Tickets is to be interpreted and generally governed

English law.

28.   Jurisdiction to exclusively apply to disputes arising in connection with the contract relating to the sale and purchase of particular Tickets

English courts.

29.   Interpretation

The parties agree to interpret this Agreement as follows

Except to the extent

·       The context otherwise requires; and/or

·       The parties otherwise agree in writing; and/or

·       Otherwise indicated elsewhere in this Agreement

(a)           Headings

Headings do not affect the interpretation of this Agreement.

(b)           Reference to a party

Reference to any party is a reference to a party to this Agreement.

It includes reference to that party’s successors in title and any person to whom that party assigns any of its rights, powers, benefits (or similar) under this Agreement.

(c)           Statutes, codes etc.

Reference in this Agreement to any statute, code or anything similar includes reference to any amending, replacing, modifying or consolidating statute, code or anything similar on substantially similar subject matter.

(d)           ‘Including’

Use of the word ‘including’, ‘in particular’, ‘for example’ (or a similar words or expressions) in this Agreement at the commencement of a list to illustrate a particular concept does not limit that concept in any way.

Use of the abbreviation ‘etc.’ at the end of a list in this Agreement to illustrate a particular concept does not limit that concept in any way.

(e)           Other references in this Agreement

Reference to items, sections, schedules, appendices or annexures is reference to those in this Agreement.

Reference to one gender refers to all genders.

Reference to the singular includes the plural and vice versa.

Reference to any particular type of body, firm or other entity includes reference to any other type of body, firm or other entity.

30. Definitions

Capitalised words/expressions used in these terms and conditions have the following meanings

Except to the extent the context otherwise requires

Affiliate

·       In relation to a person, In relation to a person, any other entity which controls that person, is controlled by that person or is under the same common underlying control as of that person.

·       A person (‘X’) will be regarded as having ‘control’ over another person (‘Y’) if X alone (and without being subject to the further direction of any other person) directly or indirectly possesses the power (whether by the direct or indirect holding of voting shares or otherwise) to direct the management and policies of Y on all matters.

Club

See item 1 of these terms and conditions.

Law

Any of the following applicable to a party from time to time (to be read independently)

·       Any statute, regulation, by-law, order, subordinate legislation or anything similar to any of these.

·       Any directive or other European instrument (to the extent it is binding on the party)

·       Any treaty

·       Any judgement, rule of common law or equity

·       Any order of a competent court, tribunal, arbitrator or anything similar to any of these

·       Any permit, permission (e.g. planning permission) consent, licence, statutory agreement and authorisation (or anything similar to any of these) required by law and affecting the relevant person and its activities in connection with this Agreement from time to time.

·       Any guidance, rules or anything similar issued by authorised bodies (whether legally binding or not) including the Football League

·       Anything else imposed by any governmental body (in its capacity as such) having a legally binding effect at the time on the respective activities of any party in connection with this Agreement.

Match

The match to which the Ticket relates.

Match Organiser

The organiser of the Match, whether the Club or anyone else (e.g. an opponent, other third party).

Purchaser

See item 1 of these terms and conditions.

Stadium

The relevant stadium at which the Match is played or expected to be played.

Ticket

A ticket (whether on printed paper or any other medium) which allows admission to the Stadium for the purpose of watching the relevant Match to which that ticket relates.

Ticket Holder

The person registered as the holder of a relevant Ticket, whether the Purchaser or anyone else.