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Terms and Conditions

HOME MATCH TICKET & ELECTRONIC ENTRY CARD

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply Home Match Tickets through our website ('Our Site') to you. Please read these terms and conditions ('Terms and Conditions') carefully before ordering any Home Match Tickets from Our Site. You should understand that by ordering any of our Home Match Tickets, you agree to be bound by these Terms and Conditions.

You should print a copy of these Terms and Conditions for future reference.

If you accept these Terms and Conditions please confirm this on Our Site by selecting the checkbox acknowledging that you agree to the Terms and Conditions of sale.

Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Home Match Tickets from Our Site.

1. Information About Us

Moseley Rugby Club is owned by Moseley Rugby Limited (the 'Club').

2. Issue of Home Match Ticket

2.1 The issue of a Home Match Ticket (or activation of electronic entry card upon successful season ticket application) and subsequent access to the Stadium is subject to the Terms & Conditions of Entry including (without limitation) the Ground Regulations.

2.2 Home Match Tickets are for the use of supporters of the Club only. By applying for the Home Match Ticket and/or using the same you hereby warrant and represent that you are:

    2.2.1 legally capable of entering into a binding contract;
    2.2.2 at least 18 years old;
    2.2.3 not subject to a banning order;
    2.2.4 only purchasing tickets for your own personal use or otherwise in accordance with clause 5.4

3. Contract Formation

3.1 When you submit your order, you are offering to buy Home Match Tickets at the price stated in accordance with these Terms and Conditions which, if accepted by us, will result in a binding contract. It is therefore important that you read and accept the Terms and Conditions before submitting the order.

3.2 Once you have completed your order, you will be asked to confirm that it is correct and to enter your payment details. If the order is not correct, you can amend or cancel the order before submitting it. It is your responsibility to ensure it is correct before submission. You should note that payment will be taken when you click the 'Complete Purchase' button. This does not indicate our acceptance of your offer, and will be refunded in the event that we refuse the offer.

3.3 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. All orders are subject to acceptance by us, and we will confirm such acceptance to you by emailing your ticket for you to print at home or by sending a confirmation email to say your tickets are ready to collect. The contract between us ('Contract') will only be formed when we send to you via email the Ticket Confirmation.

3.4 The Contract will relate only to those Home Match Tickets we have confirmed in the Ticket Confirmation or Ticket Confirmation. We will not be obliged to, but may, supply any other Home Match Tickets which may have been part of your order.

3.5 Whilst we try to ensure that pricing and ticketing information on our website are correct at all times, errors may occasionally occur. If we discover an error in the price or nature of the ticket you have ordered, we will inform you as soon as possible, and give you the option of reconfirming your order at the correct price/specification or cancelling it. If we are unable to contact you, we will unfortunately have to treat the order as cancelled. If the order is cancelled in accordance with this clause 3.5 we will of course provide you with a full refund.

3.6 While all best efforts will be made to notify you of any match cancellation or match amendment, it will remain the ticket holder/purchasers responsibility to check for any change in match day arrangements or cancellations prior to attending the match for which a ticket or tickets have been purchased.

4. Admission to the Stadium

4.1 Use of the Home Match Ticket constitutes acceptance of the Terms & Conditions of Entry.

4.2 A Home Match Ticket permits you to occupy a seat, when a seat is purchased with ground entry or for selected reserve seating only matches, at such Match or Matches as stated in the Ticket Confirmation, only when a seat is purchased in addition to normal ground entry costs. For the Avoidance of doubt, nothing in these Terms and Conditions shall constitute or imply any entitlement to occupy the seat indicated on the Home Match Ticket or Ticket Confirmation in any subsequent Match or season. Purchase of season tickets and stand seat season tickets does not guarantee availability of a selected seat number. If a match specific seat ticket is purchased it will not guarantee access to a specific seat within a stand unless it is confirmed to be the case for that specific match.

4.3 Save as set out in clause 4.4 below, you shall not bring into (or use within) the Stadium any equipment which is capable of recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data in relation to a Match or any aspect of it. Any person acting in breach of this provision shall deliver up any tapes, films, disks, or other recordings, the copyright of which is hereby acknowledged as belonging to the Club.

4.4 Mobile telephones are permitted within the Stadium, provided that they are used for personal and private use only and are not used for the purposes of recording or transmitting any audio, visual or audio-visual material or any information or data in relation to a Match or any aspect of it.

4.5 The Club shall not be responsible for any interrupted and/or restricted view of the Match caused by
    4.5.1 virtue of the position of the seat; or
    4.5.2 the action of others.

4.6 Save for official Club merchandise and/or other related clothing worn in good faith, you shall not bring into, use or display within the Stadium any sponsorship, promotional or marketing materials.

4.7 You shall not offer or distribute (either free or for sale by any person) within the Stadium any consumer article or commercial product of any nature. For the avoidance of doubt this clause shall not prevent the lawful distribution of text publications in any format which do not infringe clause 4.6 where both the content and the publication are lawful in all respects and do not in the Club’s reasonable opinion constitute a threat to public order.

4.8 A junior is defined as someone between 16 and 21 years of age. Children are defined as someone between 5 and 15 years of age. A Senior is defined as someone over 65 years of age. Proof of age may be required to gain entry into the stadium.

4.9 The Club reserves the right to refuse admission or eject from the Stadium any person who fails to comply with the Terms & Conditions of Entry.

4.10 A ticket shall become void and there shall be no right to enter the Stadium nor any entitlement to a refund where the Club has reason to believe that it;
    4.10.1 is to be or has been the subject of any dealing in tickets in contravention of Section 166 of the Criminal Justice and Public Order Act 1994 (as amended) or any other relevant legislation or where there are reasonable grounds to suspect such dealings;
    4.10.2 is to be or has been sold to another at a higher price than its face value;
    4.10.3 is to be or has been sold as part of an unofficial corporate hospitality package; or
    4.10.4 is to be or has been used as a prize in a lottery, competition or for any other promotion or advertising purpose unless expressly authorised by the Club. Any contravention of the above may affect the entitlement of those persons involved to be allocated tickets to matches in the future.

    4.10.5 The bearer of the ticket attempts to, or is found to have, brought alcohol in any form into the ground

5. Use of Home Match Ticket

5.1 For the avoidance of doubt (and by way of example only) a Home Match Ticket may not be offered as a prize in any promotion or competition or transferred, lent or sold to any third party as part of a hospitality or travel package, or used for any other commercial purpose save as expressly authorised by the the Club.

5.2 The unauthorised sale of tickets is illegal under section 166 of the Criminal Justice and Public Order Act 1994, as amended by the Violent Crime Reduction Act 2006. The Club will inform the police when it becomes aware that tickets are being sold illegally and will encourage the prosecution of those breaking the law.

5.3 The Club shall be entitled to release personal information in relation to any ticket holder to the Police or other third parties where permitted to do so under relevant data protection legislation.

5.4 If more than one Home Match Ticket is issued to you, one Home Match Ticket must be retained by you for your personal use and the remainder may be transferred to your Guest(s) for his/her personal use only, PROVIDED THAT

    5.4.1 you undertake to provide a copy of these Terms and Conditions to each Guest before transferring a ticket to them;
    5.4.2 the Guest is a natural person who would be entitled to purchase the Home Match Ticket in accordance with these Terms and Conditions:
    5.4.3 the Guest is personally known by you;
    5.4.4 such transfer takes place in consideration of a payment or benefit of less than the face value of the Home Match Ticket (plus any administrative cost paid at the time of the initial purchase in respect of the relevant ticket);
    5.4.5 such transfer to any Guest will be subject to the Terms and Conditions of Entry. Guest agrees to be bound by the Conditions of Entry and entry may be refused;
    5.4.6 the Guest will be deemed, and consents, to be the original purchaser of the Home Match Ticket;
    5.4.7 you will provide the name and address of your Guest(s) when asked to do so by any official, steward or employee of the Club or authority of competent jurisdiction or any police officer;
    5.4.8 you remain responsible for conduct of Guest;
    5.4.9 you confirm that the status of the Guest matches that of the ticket e.g. Junior to Junior Ticket

5.5 If you and/or your Guest are unable to use any Home Match Ticket then you may transfer that Home Match Ticket(s) to another attendee PROVIDED THAT the transfer is in accordance with clauses 5.4.1 to 5.4.11.

5.6 The Home Match Ticket will remain the property of the Club at all times and must be produced together with evidence of your identity if required to do so by any official, steward or employee of the Club or any police officer. The Club reserves the right to require the immediate return of the Home Match Ticket at any time.

5.7 Any Home Match Ticket obtained or used in breach of the Terms & Conditions of Entry shall be automatically void and all rights conferred or evidenced by such Home Match Ticket shall be nullified. Misuse of this Home Match Ticket may result in the holder being ejected from the Stadium in respect of a particular Match and/or the cancellation and withdrawal of this Home Match Ticket. In the event of any cancellation and withdrawal in accordance with this clause 5.7, no refund shall be payable. The Club further reserves its right to take any legal action against any persons as it sees fit in connection with such matters.

5.8 If you, alone or with others, conduct yourself, or incite others to act, in such a way so as to cause the bringing of disciplinary action against the Club by RFU, World Rugby, or any governing body of competent jurisdiction you shall be jointly and severally liable to the Club for any loss the Club thereby suffers. Similarly, you shall also be jointly and severally liable to the Club for any loss the Club suffers as a result of the behaviour of a third party gaining access to a Match using your ticket with your permission or through any act or omission on your part.

6. Changes to Dates, Refunds & Exchanges

6.1 No guarantees can be given by the Club that the Match will take place at a particular time, a particular date or a particular venue. The Club reserves the right to reschedule any Match without notice and to the fullest extent permitted by law without any liability whatsoever. It is your responsibility to ascertain the date, venue and kick-off time of any rescheduled Match.

6.2 In the event of the postponement or abandonment of the Match, you will be entitled to receive a full refund or receive the equivalent ticket for the subsequent re-arranged Match (if any) via such application procedure as the Club stipulates from time to time, subject to the Terms & Conditions of Entry. The club will have no obligation to refund ticket cost if in the case of abandonment it is deemed that the result of the match will stand under appropriate governing body regulations. The Club will, to the fullest extent permitted by law, have no further, or other, liability whatsoever, including (but not limited to) any indirect or consequential loss or damage, loss of enjoyment or travel costs.

6.3 In order to obtain a refund on the Home Match Ticket, a written request must be received by the Club’s ticket office no later than 48 hours prior to the time of the re-advertised kick-off of the relevant Match. A refund will only be issued on production of the Home Match Ticket. For the avoidance of doubt, the final decision belongs to the Ticket Office Manager and he/she may request further documentation to support a request.

7. Lost or Stolen Home Match Tickets

7.1 In order to gain admission to the Stadium the Home Match Ticket must be presented in its entirety.

7.2 The Club is not responsible for any Home Match Ticket which is forgotten, lost, stolen, defaced, damaged or destroyed and for the avoidance of doubt the Club shall not be required to permit access, issue any replacement, or offer a refund.

7.3 Without prejudice to the foregoing the Club may at its absolute discretion issue a replacement season ticket to the original purchaser upon payment to the Club of a non-refundable administration fee of £10.00, (or such fee as the Club may from time to time decide), at the Club’s ticket office. Any replacement ticket will be subject to The Terms and Conditions of Entry. Tickets purchased online may be reprinted as a replacement (note only one copy of ticket will allow entry at the gate.)

8. Cancellation & Withdrawal of Home Match Ticket

8.1 Without prejudice to any other remedies it may have, the Club shall have the right in the case of any serious or persistent breach of the Terms & Conditions of Entry to cancel and withdraw any Home Match Ticket issued to you. In the event of such cancellation, no refund will be paid. Without prejudice to the general nature of the above the following actions shall constitute serious breach of the Terms & Conditions of Entry:

    8.1.1 Smoking within stands or any physical structure in the boundaries of the stadium;
    8.1.2 persistent standing in seated areas whilst the Match is in progress;
    8.1.3 unauthorised sale or transfer (save as permitted) of this Home Match Ticket to any person;
    8.1.4 deliberate misuse of the Home Match Ticket;
    8.1.5 any breach of the warranties and representations contained in clause 2.2;
    8.1.6 persistent swearing during the Match;
    8.1.7 the throwing of any object within the Stadium without lawful authority or excuse;
    8.1.8 the chanting of anything of an indecent, racist, homophobic or other discriminatory nature;
    8.1.9 the supply of any misleading or incorrect information in any application including (without limitation) any warranty or representation given in accordance with clause 2.2;
    8.1.10 any failure to pay or default of payment in respect of any sums owing to the Club (or any third party) in respect of a Home Match Ticket.

8.2 In the event that your Home Match Ticket is withdrawn or cancelled, the Club reserves the right to exclude you from any season ticket scheme maintained or organised by the Club and/or to disqualify you from applying for any Match ticket or season ticket at its discretion.

9. Exclusion of Liability

9.1 To the maximum extent permitted by law, the Club hereby excludes any liability for loss, injury or damage to persons/property in or around the Stadium.

9.2 The holder assumes all risk, danger and injury incidental to the game of rugby and all warm-ups, practices, competitions, entertainment and promotions associated therewith, at all locations in and around the Stadium and surrounding areas, whether occurring prior to, during or subsequent to the Match.

9.3 Nothing in these Terms and Conditions shall exclude or in any way limit the Club’s liability for fraud or for death and/or personal injury caused by its negligence or any other liability to the extent that it may not be excluded or limited as a matter of law.

10. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales.

11. Definitions

In the Terms and Conditions the following words and phrases shall have the following meanings:

'Terms and Conditions' means these terms and conditions governing the issue and use of a Home Match Ticket.

'Ground Regulations' means those regulations issued by the Club from time to time that set out the terms and conditions upon which spectators are granted entry to the Stadium (copies of which are on display at the Stadium and Club Website) 'Guest' means relatives, friends, colleagues and, where applicable, companions to disabled supporters who would be entitled to purchase a Home Match Ticket under the Terms and Conditions of Entry.

'Home Match Ticket' means the electronic entry card or printed paper ticket (and/or any rights arising out of or in connection with the foregoing) for admission to a Match.

'Stadium' means Billesley Common, Yardley Wood Road, Billesley, Birmingham, B13 0PT

'Terms & Conditions of Entry' means each of the rules and regulations Rugby Union; the Ground Regulations; and the Terms and Conditions; as applicable and as amended from time to time. Any amendments to the Terms and Conditions will be notified to you either through the respective organisation’s website, or by being put on display at the Stadium or through Our Site.