TERMS AND CONDITIONS OF PURCHASE
“Agreement” means this agreement between Saracens Limited and the Client for the booking and fulfilment of selected Package(s) as set out in the Booking Form and in accordance with the terms and conditions set out below and otherwise in this Agreement;
“Booking Form” means the Booking Form setting out the Client’s details and the details of the Package which the Client wishes to purchase;
“Client” means the person or company who is the intended end user of the Purchased Package and who completes the Booking Form and to whom SL’s invoice in relation to the relevant Package(s) is addressed;
“SL” means Saracens Limited, a private limited company (registered in England & Wales under company number 03110665) and with its registered office at Saracens Limited, Allianz Park, Greenlands Lane, London, NW4 1RL, United Kingdom, being the company responsible for the overall organisation of Event;
“Event” means the event or events which are the subject of the Booking Form;
“Package” means the hospitality package for the Event as detailed in the hospitality brochure produced by SL; and.
“Purchased Package” means the Package which the Client has identified as wishing to purchase from SL on the Booking Form and for which SL has invoiced the Client in accordance with clause 2 below.
“THFC” means Tottenham Hotspur Football Club (and/or any of its group companies) who have been appointed by SL as an agent of SL for the sale of Packages.
- The Client must return a Booking Form to SL or THFC in accordance with the instructions on the Booking Form specifying the Package it wishes to purchase. By submitting a Booking Form to SL or THFC, the Client is making an offer to purchase the relevant Package from SL (or THFC on behalf of SL) and agrees that SL (or THFC on behalf of SL) may accept such offer in accordance with clause 2 below.
- Subject to availability of the Package specified in the Booking Form. Receipt of SL’s (or THFC’s on behalf of SL) written confirmation shall constitute acceptance of the Client’s offer to purchase a Package and shall create a legally binding contract between the Client and SL on the terms of this Agreement. For the avoidance of doubt, all contracts for the purchase of Packages shall be between the Client and SL regardless of the manner in which they have been booked, and be subject to these Terms and Conditions of Purchase.
- Payment of the invoice shall be due to SL (or THFC on behalf of SL) in accordance with the following timescales:
– For Booking Forms received more than 90 days prior to the Event, payment shall be made by the Client within 28 days of the date of the invoice.
– For Booking Forms received between 90 and 30 days prior to the Event, payment shall be made by the Client within 14 days of the date of the invoice.
– For Booking Forms received fewer than 30 days prior to the Event, payment shall be made by the Client immediately via card payment or bank transfer.
- All Package prices quoted are exclusive of any Value Added Tax which if applicable the Client shall be additionally liable to pay SL (or THFC on behalf of SL) at the local rate as stated on the Booking Form and invoice.
- All payments to SL (or THFC on behalf of SL) shall be made in the currency as stated on the Booking Form and relevant invoice and shall be made without any deduction for bank charges, set-offs or withholdings for whatever reason.
- Bookings of Purchased Packages will not be confirmed by SL (or THFC on behalf of SL) until full payment in cleared funds have been received by SL (or THFC on behalf of SL) from the Client and SL reserves the right not to dispatch any documents or admission tickets relating to the Purchased Package unless payment of all accounts has been received from the Client.
- If any invoices for Purchased Packages remain unpaid after their respective final payment date, SL (or THFC on behalf of SL) shall be entitled to treat such non-payment as cancellation in writing by the Client in accordance with clause 8 below.
- THFC are an agent of SL appointed for the sale of Packages for the Event. THFC act only as agent and are not (and will at no point be) a principal to any contract, agreement and/or licence with a Client in respect of an Event. THFC shall not be liable to the Client in any respect related to the purchase or attempted purchase of a Package through THFC acting as agent of SL.
- By purchasing a Package through THFC, a Client consents to its personal information being shared with SL so that SL may fulfil the contract (being the purchase of the Package) and the Client acknowledges that both THFC and SL will share information in this regard. At
CANCELLATION OF A BOOKING
- Without prejudice to clause 7, cancellation of a Purchased Package by the Client will only be valid if made in writing. If the Client cancels a Purchased Package more than 90 days prior to the Event, the Client shall remain liable to pay to SL (or THFC on behalf of SL) 50% of the Purchased Package price (including VAT) (giving credit for any deposits already paid). If the Client cancels a Purchased Package within the period beginning 90 days prior to the Event, the Client shall remain liable to pay to SL(or THFC on behalf of SL) 100% of the Purchased Package price (including VAT). The sums stipulated in this clause represent liquidated damages to compensate SL for all losses incurred as a result of such cancellation and the parties acknowledge that they comprise reasonable pre-estimates of actual loss that may be suffered by SL in relation to such cancelled Purchased Packages.
- No refunds shall be made in respect of the non-arrival of the Client (or any of its guests) at the Event.
CANCELLATION OR POSTPONEMENT OF THE EVENT
- SL shall not be liable to the Client in the event that SL is delayed or prevented from the performance of its obligations under this Agreement by reason of force majeure (which for the purposes of this Agreement shall mean any circumstance beyond the reasonable control of SL including, without limitation war, riot, sabotage, civil commotion, terrorism, threat of terrorism, explosion, lightning, earthquake, hurricane, storm, fire, flood and other extreme weather or environmental conditions, loss of utilities, strike, lock out or industrial dispute and governmental or regulatory authority action).
- In the event of cancellation or postponement of the Event due to force majeure, SL shall use its reasonable endeavours to refund to the Client any sums paid in respect of Purchased Packages, less any costs and expenses (or the relevant proportion thereof) which have already been paid or incurred by SL in relation to such Purchased Packages.
- SL shall use all reasonable endeavours to provide the Purchased Package as described, however, SL specifically reserves the right to alter any aspect of the Package and the Purchased Package if, in SL’s sole discretion, it considers such change to be necessary and reasonable.
- If SL is obliged to make any material changes to the Package or the Purchased Package or cancel the Purchased Package for any reason other than the cancellation or postponement of the Event due to force majeure, then SL shall offer the Client the option of an alternative Package of comparable standard and offering comparable facilities or (on the condition that full payment has been received) a full refund of any payment(s) made by the Client in circumstances where there is no alternative Package available or where such alternative Package is unacceptable to the Client (for valid reasons (as determined by SL)).
- SL does not guarantee or represent that any particular player will play in the Event. The Client shall not be eligible for a refund (either in whole or in part) if players previously announced as competing at the Event do not subsequently take part.
- SL shall not be liable for any personal property brought into any venue of any Event by the Client or any of its guests and the Client shall be solely responsible for the security of such property.
- No warranty is given by SL in relation to the Package and the Purchased Package and SL shall not have any liability to the Client or any of its guests (other than liability for death or personal injury caused by the negligence of SL) for any injury, loss, damage or expense of any nature arising under this Agreement, whether such liability arises in contract, tort (including, without limitation, negligence), statute or otherwise.
- Subject to clause 16 above, SL’s maximum liability for all claims under this Agreement shall be limited to the price of the Purchased Package paid by the Client and actually received by SL (or THFC on behalf of SL).
- Tickets included in the Purchased Package are issued subject to SL’s ticket terms and conditions for the Event. Tickets and Purchased Packages are non-transferable. The Client is expressly prohibited from reselling or transferring, advertising or offering for resale or allowing for the resale or transfer by any of its own staff, clients or guests, any badges, admission tickets, car parking passes or any other element of the Purchased Package without SL’s prior written consent (save where more than one ticket is issued to a Client, such tickets may be used (but not resold) only by the Client and any person(s) accompanying the Client to the Event). Any transfer of tickets or the Purchased Package not in accordance with this clause 18 will render such tickets and the Purchased Package null and void (and all rights conferred or evidenced by any elements of the Purchased Package and tickets shall be extinguished).
- The Client agrees to abide by all rules and regulations imposed by SL in relation to the Purchased Package and the Event including, without limitation, any and all conditions of sale applicable to tickets for the Event as well as other rules relating to attendance at the Event including the ground regulations, a copy of which is available at www.saracens.com
- The Client agrees:
(a) not to use any trade marks (or other intellectual property) of SL, THFC or the Event or claim any association with the Event or the purchased hospitality services without SL’s prior written consent;
(b) not to use Purchased Package(s) (or any element thereof) as prizes in competitions, sweepstakes or for other similar promotional reasons, or as part of any hospitality or travel or commercial package without SL’s prior written consent;
(c) that no identification banners, balloons, or other advertising or promotional gifts/items whatsoever may be displayed by or on behalf of the Client anywhere at the Event or in the hospitality area(s) during the Event without SL’s prior written approval. Clients will not be permitted to supply any items for their guests to wear or carry whether inside or outside the hospitality area(s) or during the Event without SL’s prior written consent. Items which are very small in size and are intended for identification purposes only, will be permitted, subject to samples of such items being submitted for written approval from SL in advance. All prior consents from SL which the Client may wish to seek in accordance with this clause should be sought through SL by submitting proposals in writing with samples. Clients are advised to allow not less than 21 days for approval/disapproval to be confirmed by SL. If SL has not indicated approval within such time, then such samples shall be deemed not to have been approved by SL;
(d) that it and its guests will be subject to the ground regulations of the Event as a condition of admission and that it and its guests shall comply in full with such ground regulations. For example, Clients and guests will be prohibited from taking in or using at the venue any type of pushchairs, prams, step ladders or animals;
(e) that, as a minimum, smart casual attire is required in the hospitality facilities (as per the Package(s) outline). SL reserves the right to refuse admission to any person wearing inappropriate items of clothing and /or footwear or to require any such person to leave the hospitality venue. SL shall not compensate any person in any way in respect of such refusal or requirement to leave the hospitality venue;
(f) that it shall be responsible for ensuring the good and orderly behaviour of all of its guests and invitees during the Event. If, in SL’s opinion, any person within the Client’s party behaves in a loud, disorderly, unruly or abusive manner, then the Client, immediately after being asked to do so by a representative of SL, shall procure that its guest(s) shall leave the Event. SL’s decision to require the removal of any such person shall be final and SL shall not compensate any person in any way in respect of such removal. Notwithstanding the foregoing, the Client shall be liable with regard to any loss, damage, cost, expense or injury incurred or suffered by SL which relates to or arises out of the acts or omissions of the Client or the Client’s guests whilst at the Event and the Client shall indemnify and keep indemnified SL accordingly; and
(g) that tickets are valid for entry to the Event on the date shown. Ticket holders will not be permitted to exit the golf course and re-enter on the same day. All documents and admission tickets relating to the Purchased Package and the Event remain the property of SL at all times.
- No alterations to this Agreement by the Client may be made except with the express written consent of SL. SL reserves the right to change the terms and conditions of this Agreement from time to time. Where such change materially affects the rights of the Client, the Client will have the right to a full refund.
- SL shall be entitled to assign or sub-contract any of its rights, benefits and interests in or under the Agreement to any third parties. The Client shall not assign, transfer or charge the benefits of the Purchased Package(s) without the express written consent of SL.
- If any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable the provision shall be amended in a reasonable manner or it may be severed from the terms and in either event the remaining provisions shall remain in full force and effect.
- Failure by SL to exercise or a delay by SL in exercising a right or remedy provided under this Agreement or by law does not constitute a waiver of that right or remedy or a waiver of any other remedy. A waiver of a breach of any of the terms of this Agreement does not constitute a waiver of any other breach and shall not affect the other terms and conditions of this Agreement.
- This Agreement (along with the Booking Form, the ticket terms and conditions and the ground regulations for the Event) constitute the entire agreement between the parties and no party shall have any claim or remedy in respect of any statement, representation, warranty or undertaking, made by or on behalf of any other party in relation to this Agreement which is not already set out in this Agreement.
- This Agreement and the terms and conditions stated herein shall not affect a person’s statutory rights as a consumer.
- Any person not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999.
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales and SL and the Client irrevocably agree that any disputes arising under it (and whether contractual or non-contractual) shall be subject to the exclusive jurisdiction of the English Courts. Notwithstanding the foregoing, SL reserves the right to pursue legal proceedings in a competent court of the Client’s domicile, where such proceedings shall be governed and interpreted in accordance with English law.