Season Ticket Terms and Conditions
FULHAM FOOTBALL CLUB SEASON TICKET TERMS AND CONDITIONS OF ISSUE
1. Issue of Season Ticket
1.1 The issue of a Season Ticket and subsequent access to the Ground is subject to the following Terms & Conditions of Issue. If you purchase a Season Ticket you will also be subject to the Terms and Conditions of Entry and the Supporters’ Charter, which can either be found on the Club’s website at www.fulhamfc.com or are available upon written request to the Club.
1.2 By purchasing a Season Ticket, you are required to agree to these Terms and Conditions of Issue at the point of purchase. For the avoidance of doubt, any person who purchases a Season Ticket on your behalf shall be deemed to be acting with the full authority of you and with authority to agree to these terms and conditions on your behalf.
1.3. Please be aware that these Terms and Conditions of Issue (and the Ground Regulations and/or Supporters’ Charter) may be updated or amended from time to time. In this event it shall remain your responsibility to check and comply with the latest provisions of the Terms and Conditions of Issue, which shall be binding upon and applicable to all Season Ticket holders.
1.4 Once a Season ticket has been purchased, you shall not, without the express written permission of the Club, be entitled to cancel the Season Ticket and the Club shall not be liable to you in respect of any refund for the cost of the Season Ticket, nor any part of such cost. For the avoidance of doubt, refunds shall not be determined on the Club’s performance in any season and under no circumstances shall the Club be liable for the refund of the cost of any Season Ticket (whether in whole or in part) where the Club is relegated from any League or knocked out of any competition.
1.5 Season Tickets are for the use of supporters of the Club only. By applying for a Season Ticket and/or using the same you hereby warrant and represent that you (and/or any Guest) are a supporter/s of the Club.
2. Admission to the Ground
2.1 By purchasing and/or accepting and/or holding a Season Ticket and/or using a Season Ticket to gain access to the Ground, you:
(a) certify that you have read, understood and accepted;
(b) agree to be bound by and to comply with; and
(c) agree to bring to the attention of any Guest(as required below) the Terms & Conditions of Issue and the Terms and Conditions of Entry.
2.2 A Season Ticket permits you to occupy at the Match the seat indicated on the Season Ticket or such other alternative seat of equivalent value as the Club may, from time to time, allocate to you at its absolute discretion. All access to the Ground pursuant to a Season Ticket shall be for the purposes of private enjoyment of the Match only, not for any commercial purpose and no authorisation is given or implied to you or any Guest in respect of the carrying out of any commercial activities.
2.3 Nothing in these Terms and Conditions of Issue shall constitute or imply:
(a) any entitlement on the part of any purchaser of a Season Ticket to occupy the seat indicated on the Season Ticket in any subsequent season; or
(b) any obligation on the part of the Club to renew or extend the term of any Season Ticket for any subsequent season.
2.4 Save as set out in clause 2.5 below, you shall not capture, log, record, transmit, play, issue, show or otherwise communicate (by digital or other means) any Material in relation to the Match, any players or other persons present in the Ground and/or the Ground, nor may you bring into the Ground or use within the Ground (or provide to, facilitate or otherwise assist another person to use within the Ground) any equipment or technology which is capable of capturing, logging, recording, transmitting, playing, issuing, showing or otherwise communicating (by digital or other means) any such Material. Any person acting in breach of this provision may have such equipment or technology confiscated and/or will be required to deliver up any tapes, films, disks, memory cards, memory sticks or other recordings of the Material (and all copies thereof) in whatever form, to the PL and/or the Club and the copyright, database right and all other rights, title and interest in and to all Material is hereby assigned to the Premier League, including by way of present assignment of future copyright pursuant to section 91 of the Copyright, Designs and Patents Act 1988. You further agree (if and whenever required to do so by the Premier League) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to the Premier League) absolutely and with full title guarantee.
2.5 Mobile telephones and other mobile devices are permitted within the Ground, provided that:
(a) they are used for personal and private use only (which, for the avoidance of doubt and by way of example only, shall not include the capturing, logging, recording, transmitting, playing, issuing, showing, or any other communication of any Material for any commercial purposes); and
(b) no Material that is captured by a mobile telephone or other mobile device may be published or otherwise made available to any third parties including, without limitation, via social networking sites
2.6 Save for official Club merchandise and/or other football-related clothing worn in good faith, you shall not bring into, use, wear, or display within the Ground any sponsorship, promotional or marketing materials.
2.7 You shall not offer or distribute (either free or for sale by any person) within the Ground 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 2.6 above 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.
2.8 The Club reserves the right to refuse admission to, or eject from, the Ground any person who fails to comply with the Terms & Conditions of Issue, the Terms and Conditions of Entry or the Supporters’ Charter.
2.9 Without prejudice to the representation at clause 1.3 above, and in light of the Season Ticket holders being grouped together in designated areas, any attempt to gain access to the Ground wearing or carrying apparel (including, without limitation, hats and/or scarves) that demonstrate support for the Away Club, may result in admission being refused or you being ejected from the Ground and in such circumstances no refund or alternative seat will be offered.
3. Use of Season Ticket
3.1 Subject to clause 3.2, below in respect of Guests, Season Tickets are issued for your sole use and you shall not sell, dispose of, assign, transfer, lend or otherwise deal with the Season Ticket or the benefit of it to any other person without the prior written consent of the Club. Further you shall not use the Season Ticket for any commercial purpose. For the avoidance of doubt, reference in this clause to selling a Season Ticket shall include:
(a) offering to sell a Season Ticket (including, without limitation, via any website, social media or online auction site);
(b) exposing a Season Ticket for sale;
(c) making a Season Ticket available for sale by another person;
(d) advertising that a Season Ticket is available for purchase, which for the avoidance of doubt (and by way of example only) means that this Season Ticket may not be offered as a prize in any promotion, giveaway or competition;
(e) transferring, lending or selling a Season Ticket to any third party as part of a hospitality or travel package; and
(f) giving (or offering to give) a Season Ticket to a person who pays or agrees to pay for some other goods or services (or offers to do so); .
3.2 You may only sell or transfer the Season Ticket to:
3.2.1 A Guest with the express written consent of the Club given at the Club’s absolute discretion, provided that such sale or transfer is in respect of an individual Match and in consideration of no payment or benefit in excess of the face value of a ticket to that Match and provided further that such transfer does not take place during the course of any business or for the purpose of facilitating any third party’s business; or
3.2.2 Any person without the express written consent of the Club, provided that such sale or transfer is in respect of an individual Match and is made via (and in accordance with the terms and conditions of) the Official Ticket Exchange only, each such resale or transfer is hereby provided to be subject to the Terms and Conditions of Issue and the Terms and Conditions of Entry, which will (save for any rights to transfer under this clause) apply to and bind the recipient of the Season Ticket as if he/she was the original purchaser of the Season Ticket (and where the Season ticket is sold or transferred to a Guest pursuant to clause 3.2.1, you must inform them of this); and
3.2.3 in each case you shall comply with any request made by the Club for you to provide name, address and contact details for any person to whom you have sold or transferred your Season Ticket and any such resale or transfer is hereby provided to be subject to these Terms and Conditions of Issue, the Terms and Conditions of Entry and the Supporters’ Charter, which will apply to and bind any Guest as if he was the original purchaser of the Season Ticket;.
3.3 The unauthorised sale or disposal of a Season Ticket may amount to a criminal offence 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 a Season Ticket has been sold or disposed of illegally and will press for charges to be brought against those breaking this law. If you are convicted of a ticket touting offence, or we reasonably suspect you have committed such an offence, we will notify the League who may in turn notify other League clubs and/or the relevant law enforcement authorities. The information that we share may include your personal details, information about the offence and about ticket purchases (including payment details). We will use this to identify and prevent ticket touting offences and disorder at matches.
3.4 The Season 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 Season Ticket at any time.
3.5 Any Season Ticket obtained or used in breach of the Terms & Conditions of Issue and/or and the Terms and Conditions of Entry shall be automatically void and all rights conferred or evidenced by such Season Ticket shall be nullified. Any person seeking to use a Season Ticket in breach of the Terms and Conditions of Issue and/or and the Terms and Conditions of Entry in order to gain entry to the Ground or remain at a Match may be considered to be a trespasser and may be refused entry to, or ejected from, the Ground in respect of a particular Match and/or may have his/her Season Ticket cancelled or withdrawn. In the event of any cancellation and withdrawal in accordance with this clause 3.5, no refund shall be payable to the holder in respect of any unexpired portion of the Season Ticket. The Club further reserves its right to take any legal or disciplinary action against any person(s) as it sees fit in connection with such matters, including a claim for an account of any profits made from an unauthorised use of the Season Ticket.
3.6 Notwithstanding any other provision in the Terms & Conditions of Issue, the Club shall have the absolute discretion to:
(a) cancel or withdraw any Season Ticket;
(b) ban, suspend or refuse entry to the Ground to any Season Ticket holder;
(c) require that a Season Ticket holder enters into an Acceptable Behaviour Agreement; and/or
(d) take such other steps in relation to a Season Ticket holder as it deems appropriate;
in circumstances where the Season Ticket holder:
(i) is convicted of a criminal offence in respect of his/her behaviour at, travelling to, travelling from or otherwise relating to a Match, an Away Match or any Other Club Match;
(ii) is found by the Club to have engaged in behaviour which is in appropriate, unacceptable or which otherwise brings the Club into disrepute whilst travelling to any Match, Away Match or Other Club Match;
(iii) is ejected, refused entry to or banned by the Club or any other club from any Match, Away Match or any Other Club Match;
(iv) is in breach of the Ground Regulations or the Supporters’ Charter; and/or
(v) is in breach of any of the provisions of clause 7.1 below.
3.7 For the avoidance of doubt, it is the responsibility and obligation of any Season Ticket holder to notify the Club immediately in the event that he/she is convicted of any offence or ejected, removed or banned from the Ground or any other club’s ground in an Away Match or Other Club Match within the meaning of clause 3.6. Any failure to disclose such information shall entitle the Club to take any of the steps set out in clause 3.6(a)-(d) above.
3.8 The cancellation or withdrawal of a Season Ticket under clauses 3.6 or 3.7 shall not oblige the Club to reimburse you for the cost of the Season Ticket, nor any part of such cost.
4. Changes to Dates, Refunds & Exchanges
4.1 No guarantees can be given by the Club that a Match will take place at a particular time or on a particular date. By purchasing a Season Ticket you acknowledge that the date and/or time of Matches can change during a season and the Club reserves the right to reschedule any Match without notice to you. You are strongly advised to regularly check the information provided by the Club on its website in respect of the date and time of Matches. Your Season Ticket will enable you to attend a re-arranged Match, where applicable.
4.2 Where a Match is rearranged for any reason for the purposes of clause 4.1, the Club shall have no liability whatsoever for any losses, damage or expenses suffered by you, including without limitation any out of pocket expenses, loss of profit, enjoyment, travel/accommodation costs or any indirect and/or consequential losses.
5. Lost or Stolen Season Tickets
5.1 In order to gain admission to the Ground, the Season Ticket must be presented at every Match.
5.2 In the event that you forget your Season Ticket in respect of any individual Match, the Club shall not be obliged to admit you or issue any other form of ticket for that Match. If a match-day duplicate ticket is issued, the Club may require payment of the Non-Refundable Administration Charge.
5.3 If, in the Club’s opinion, a Season Ticket is damaged, lost, stolen or destroyed, a duplicate Season Ticket shall be issued by the Club as soon as reasonably practicable after the payment of the Non-Refundable Administration Charge. In making its decision, the Club shall be entitled to call for all reasonable evidence of the need for a replacement Season Ticket, for example but not limited to a police crime reference number in the event that a Season Ticket is stolen, or a copy of the damaged Season Ticket. Only one duplicate Season Ticket will be issued to you per season and you will be required to sign a document confirming that the original Season Ticket is damaged, lost, stolen or destroyed and indemnifying the Club against any direct or indirect consequences of such matter having been falsely represented or stated to the Club.
5.4 Should any Season Ticket when applied for not arrive in the post after purchase, you will be required to sign a document confirming this and undertaking to immediately return the original Season Ticket to the Club should it come into your possession at any time. There will be no charge for the issue of a duplicate Season Ticket in this instance.
6. Change of Address
If you change your address during the season you must notify the Club as soon as reasonably practicable by emailing firstname.lastname@example.org or calling the Ticket Office on 0843 208 1234.
7. Cancellation & Withdrawal of Season Ticket
7.1 Without prejudice to any other remedies it may have, the Club shall have the right (in its absolute discretion) in the case of any serious or persistent breach of the Terms & Conditions of Issue and/or the Terms and Conditions of Entry to cancel and withdraw your Season Ticket. In the event of such cancellation no refund will be paid in respect of any unexpired portion of the Season Ticket. Without prejudice to the general nature of the above the following non-exhaustive list of actions shall constitute serious breach of the Terms & Conditions of Issue:
7.1.1 smoking in designated non-smoking areas;
7.1.2 being (or appearing to be) intoxicated by reason of any substance (whether alcohol, drugs or otherwise);
7.1.3 persistent standing in seated areas whilst the Match is in progress;
7.1.4 the sale or transfer (save as permitted) of a Season Ticket to any person;
7.1.5 the possession of a banner or flag that bears material or slogans that are offensive, obscene, abusive or racist;
7.1.6 the supply of any misleading or incorrect information in any application;7.1.7 the use of foul, obscene, abusive and/or racist language and/or gestures;
7.1.8 the throwing of any object within the Ground that may cause injury or damage to people or property without lawful authority or excuse;
7.1.9 the chanting of anything of an indecent or racist nature;
7.1.10 fighting or engaging in and/or inciting violence;
7.1.11 bringing into the Ground (or using within the Ground): illegal drugs, other illegal substances, fireworks, firecrackers, smoke canisters, air horns, flares, laser devices, bottles, glass vessels or any item that might be used as a weapon or compromise public safety;
7.1.12 entering the playing area or any adjacent area to which spectators are not generally admitted without lawful authority or excuse;
7.1.13 any misrepresentation in relation to clause 1.5 above;
7.1.14 breach of the terms of any Membership;
7.1.15 any breach of clauses 2.4, 2.5 or 2.6 above;
7.1.16 any failure to pay or default of payment in respect of any sums owing to the Club (or any third party) in respect of any Season Ticket;
7.1.17 any abuse of staff, whether physical, verbal or in writing and whether in person, online or in any other forum and whether before, during or after any Match, Away Match or Other Club Match; and
7.1.18 any form of indecent exposure or streaking at a Match, an Away Match or any Other Club Match.
7.2 The Club may conduct security searches where it has reason to believe that any of the breaches set down in 7.1 has either occurred or may occur.
7.3 If a Season Ticket holder is not 16 years old or over, his/her parent(s) and/or guardian(s) are responsible for his/her actions, conduct and compliance with the Terms and Conditions of Issue and the Terms and Conditions of Entry.
7.4 In the event that your Season Ticket is withdrawn or cancelled by reason of clauses 3.6, 3.7 or 7.1 above, the Club reserves the right to exclude you from any membership scheme maintained or organised by the Club and/or to disqualify you from applying for any Match ticket or season ticket at its discretion, and to notify the Police, FIFA, UEFA, The Football Association, PL, The Football League and/or other football clubs of such exclusion and/or disqualification (and the reason(s) for such exclusion and/or disqualification).
8.1 In respect of each Match:
(a) under-10 Ticket Season holders shall (on a match by match basis) be entitled to upgrade their Season Ticket to an under 16 ticket, a 16-20 ticket, an adult ticket or an over-65 ticket;
(b) under 16 Season Ticket holders shall (on a match by match basis) be entitled to upgrade their Season Ticket to a 16-20 ticket, an adult ticket or an over 65 ticket;
(c) 16-20 Season Ticket holders shall (on a match by match basis) be entitled to upgrade their Season Ticket to an adult ticket or an over-65 ticket; and
(d) over-65 Season Ticket holders shall (on a match by match basis) be entitled to upgrade their Season Ticket to an adult ticket;
provided that in each case:
(i) subject to clause 8.1(v) below, the upgrade takes place on or before the day prior to the Match;
(ii) the Season Ticket holder provides the Club with satisfactory proof of his/her eligibility to use the particular category of ticket for the relevant Match (for example, if the Season Ticket is being upgraded from an Under 16 Season Ticket to an Over-65 ticket, proof that the relevant person is aged 65 or over);
(iii) where a Season Ticket has been upgraded for a match, the Ticket Holder pays: (1) the face value of the upgraded ticket for that match (less the cost of the Season Ticket holder’s current ticket; and (2) any booking fee or similar administrative charge which may be applicable;
(iv) the Season Ticket holder shall remain responsible for complying with these Terms and Conditions of Issue; and
(v) Notwithstanding clause 8.1(i), the Club may, in exceptional circumstances and at its absolute discretion, process requests for an upgrade of a Season Ticket on the day of any Match upon payment by the Season Ticket holder of an administration charge of £10.
9. Filming, photography and taping
All Season Ticket holders who enter the Ground acknowledge that photographic images and/or video recordings (and/or stills taken from video recordings) may be taken of them and may also be used, by way of example and without limitation, in televised coverage of the game and/or for promotional, training or marketing purposes by the Club, the PL or others (including commercial partners), and use of a Season Ticket to enter the Ground constitutes consent to such use.
10. Exclusion of Liability
10.1 You agree and acknowledge that, save that the Club does not seek to limit or exclude its liability for:
(a) death or personal injury resulting from its negligence;
(b) damage or liability caused by its fraud or fraudulent misrepresentation; or
(c) other losses or damage for which the Club may not, by law, exclude liability;
the Club shall not have any liability to you in respect of any loss, damage, expense, injury or damage to property incurred or suffered by you in or around the Ground or any failure or delay by the Club in the performance of its obligations under these Terms and Conditions of Issue (including, without limitation, any delay in the delivery of a Season Ticket).
10.2 Neither the League nor the Club shall be responsible for any interruptions and/or restrictions to the view of the Match caused by virtue of:
(a) the position of the seat and/or
(b) the actions of other spectators.
10.3 Save in respect of clause 9.1(a)-(c) above, the Club excludes any liability for any loss, injury, costs, expenses or damage of any kind connected to your use of the Official Ticket Exchange, including, without limitation, any liability relating to any problem with, suspension of or termination of the Official Ticket Exchange.
11.1 The Club reserves the right to change these Conditions of Issue from time to time, and shall notify you of such changes if they materially affect your rights as a consumer.
11.3 The invalidity or partial invalidity of any provision of these Terms and Conditions of Issue shall not prejudice or affect the remainder of the provisions of the Terms and Conditions of Issue, which shall continue in full force and effect. If any invalid, unenforceable or illegal provision of these Terms and Conditions of Issue would be valid, enforceable and/or legal if some part of such provision were deleted, then the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
11.4 The Club’s failure to exercise, or delay in exercising, any right, power or remedy provided by these Terms and Conditions of Issue or by law shall not constitute a waiver of that right, power or remedy.
11.5 These Terms and Conditions of Issue constitute the entire agreement between the Club and the Season Ticket holder and neither the Club nor any Season Ticket holder 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 the Terms and Conditions of Issue which is not set out therein.
11.6 Notwithstanding any other provision in these Terms and Conditions of Issue and with the exception of FIFA, UEFA, The FA, and the League, no other person other than you or the Club has any rights under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of these Conditions of Issue. Nothing in these terms of conditions shall affect any right or remedy of a third party that exists or is available other than as a result of the aforementioned Act.
11.7 These Terms and Conditions of Issue 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 in the event of any dispute arising out of or in connection with the Terms and Conditions of Issue (including in relation to any non-contractual disputes or claims).
In the Conditions of Issue the following words and phrases shall have the following meanings:
“Acceptable Behaviour Agreement” means an agreement between a Season Ticket holder and the Club, which the Club may require a Season Ticket holder to enter into from time to time;
“Away Club” means the football club playing against the Club;
“Away Match” means a match between Fulham and another club which takes place at the ground of the Away Club in any competition, including without limitation any match in the Premier League, Football League, any Cup competition (whether domestic or in Europe) and any friendly, testimonial or charity match;
“Authorised Person” means any friend or family member who is authorised by the holder of a Season Ticket to use the purchaser’s Season Ticket for the purposes of attending a Match;
“Club” means Fulham Football Club;
"Ground" means the football stadium and all other locations owned, occupied or utilised by the Club;
"Ground Regulations" means those ground regulations issued by the Club from time to time that set out the terms and conditions upon which spectators are granted entry to the Ground;
"Guest" means a relative, friend, colleague and/or companion to the disabled who would be entitled to purchase a Season Ticket under the Terms & Conditions of Issue and the Terms and Conditions of Entry;
“League” means either the Premier League or the Football League, depending on which division the Club is participating in from time to time;
"Match" means any League football match in which the Club participates and that takes place at the Ground during Season 2014-2015;
“Membership” means any rules and regulations agreed in relation to your participation in the Club’s membership scheme which can be found on the Club’s website;
“Non-Refundable Administration Charge” means the sum of £20 (twenty pounds sterling);
“Other Club Match” means any match played by the Club in any competition, including without limitation any match in the Premier League, Football League, any Cup competition (whether domestic or in Europe) and any friendly, testimonial or charity match;
"Official Ticket Exchange" means the Club's authorised ticket resale facility from time to time, (which as at the date hereof is Viagogo);
"Season Ticket" means a season ticket smartcard (and/or any rights arising out of or in connection with any of the foregoing) for admission to Matches (or any replacement of such card from time to time);
“Supporters’ Chater” means the Charter published on the Club’s website which provides information to supporters about items including the Ground and their behaviour at the Ground; and
"Terms & Conditions of Issue" means these terms and conditions, governing the issue and use of a Season Ticket.
"Terms and Conditions of Entry” means each of the rules and regulations of FIFA, UEFA, The Football Association, The Premier League and The Football League, the Ground Regulations and these Terms and Conditions of Issue.