These hospitality terms and conditions (which incorporate the Hospitality Booking Form (as defined below) and the Terms & Conditions of Entry (together the ”Terms") set out the terms upon which West Bromwich Albion Football Club Limited (the “Club") will provide the hospitality at the Stadium.
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 (such person or persons are those that are identified during the purchase of the Hospitality) 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 the Permitted Match .
1.4 "Hospitality Booking Form" means the booking form overleaf or attached.
1.5 “Hospitality Terms and Conditions” means these terms and conditions.
1.6 "Permitted Match" means a specified football match in which the Club's men's first team plays at the Stadium as identified for which Hospitality is purchased.
1.7 "Stadium" means The Hawthorns, West Bromwich, West Midlands, B71 4LF.
1.8 “Terms & Conditions of Entry means each of the rules and regulations of any Football Authority, the Ground Regulations, the Spectator Code of Conduct, the Club Coronavirus / Covid-19 Policy, the Home Match Ticket Conditions of Issue 2020/2021 and the Hospitality Terms and Conditions
1.9 "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 in respect of the Hospitality, 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. Such binding contract signifies your acceptance of the Terms & Conditions of Entry and your agreement to comply strictly and fully in accordance with them.
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 (1) provide any information relating to such person (including without limitation contact details, a completed health questionnaire) and (2) agree to the Terms & Conditions of Entry on their behalf. You shall procure that any persons benefiting from the Hospitality shall comply with the Terms & Conditions of Entry.
3. PAYMENT TERMS
3.1 The Club will send you an invoice for the Hospitality (plus VAT) and all invoices must be paid immediately on the date that you confirm to the Club acceptance to purchase the relevant Hospitality.
3.2 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 and, without prejudice to any other rights, the provisions of Clause 12.2 shall apply.
4.1 No-one shall be admitted to the Hospitality without a valid ticket or pass and appropriate up to date photo identification. 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 You shall and shall procure that your Guests shall observe and comply with the Terms & Conditions of Entry 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), 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, without prejudice to any other rights, the provisions of clause 12.2 shall apply.
4.5 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. Not used.
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, without prejudice to any other rights, 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, without prejudice to any other rights, 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 you and/or 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 Whilst the Club tries to ensure the Permitted Match will take place as scheduled, no guarantees can be given by the Club that the Permitted Match will take place at a particular time or on a particular date for reasons including (but not limited to) that the Club may need to rearrange a Permitted Match because of the requirements of broadcasters, football authorities, the Police or for any other reason beyond the control of the Club. Subject to Clause 10.3 below, the Club reserves the right to reschedule any Permitted Match without notice and without any liability whatsoever. Without prejudice to any other rights, Clause 12.2 shall apply.
10.3 The Club reserves the right to play the Permitted Match with a reduced capacity or out of view of the general public without notice and without liability whatsoever. In the event of the postponement or abandonment of the Permitted Match (or if the Permitted Match has, for any reason, to be played out of view of the public or at a reduced capacity and the Club has determined your Hospitality is cancelled), you will be entitled to receive a full refund of the applicable Hospitality price. Subject to your right to receive a full refund as detailed above the Club will have no further liability whatsoever in relation to the Permitted Match being postponed, played behind closed doors, played in front of a limited capacity and the Club has determined your Hospitality is cancelled, abandoned or postponed, including (but not limited to) any losses, liabilities, costs and expenses incurred by you, including any direct, indirect or consequential loss or damage, loss of enjoyment or travel/accommodation costs. In respect of refunds, the final decision belongs to the Club. Without prejudice to any other rights, Clause 12.2 shall apply in such circumstances.
10.4 The Club shall determine the applicable capacity of the Stadium for the Permitted Match in its absolute discretion and shall have no liability in respect of the same. The foregoing includes the Club determining (including where this is required by the applicable authorities from time to time) that a Permitted Match must be played behind closed doors, with no spectator access. For a Permitted Match played behind closed doors, fans will have no right to access Hospitality for such Permitted Match. The availability of Hospitality is subject always to applicable laws and regulations from time to time. The Club reserves the right in its absolute discretion to cancel the Hospitality where circumstances outside of the Club’s control arise (including any acts or omissions of third parties) which would prevent the Club from being able to deliver the Hospitality. If a Permitted Match is played behind closed doors and you have purchased Hospitality, we will reimburse you the cost of such Hospitality. If the Stadium capacity is reduced between your purchase of Hospitality and the Permitted Match taking place (“Amended Capacity Match”), the Club will randomly select those that have purchased Hospitality for that Amended Capacity Match equal to the new permitted capacity level. Those successful in such random draw will be permitted to attend the Amended Capacity Match and all those that are not successful in such process will be notified and refunded for the Hospitality they had purchased in respect of the Amended Capacity Match. Without prejudice to any other rights, Clause 12.2 shall apply in such circumstances.
10.5 Without prejudice and in addition to any other rights available to the Club, the Club shall have the further right if it so chooses to cancel or withdraw the Hospitality at its sole discretion provided that a refund is paid in respect of such unexpired Hospitality. Without prejudice to any other rights, Clause 12.2 shall apply in such circumstances.
11. CANCELLATION BY THE CLUB
11.1 Without prejudice to any other rights available to the Club, 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, without prejudice to any other rights, 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):
- 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;
- any, whether direct or indirect, loss arising from any cancellation, postponement, suspension or re-arrangement of your Hospitality pursuant to clause 3.2, 4.5, 6.2, 7.2,10.2, 10.3, 10.4, 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
- 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 2020/2021 (which form part of the Terms) can be found here
13.2 Entry to the Stadium is expressly subject to you and your Guests’ compliance with the Terms & Conditions of Entry.
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, without prejudice to any other rights, 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. A waiver of any right or remedy under these Hospitality Terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these Hospitality Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Hospitality Terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
13.6 These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the Terms.
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.