The Ticket Exchange system (the “System”) is hosted by Secutix (the “Host”) on behalf of Fulham Football Club Limited (“we”, “our”, the “Club” or “us”). Subject to clause 4.1 and clause 5.7, the System is available to anyone (“you”) who wishes to buy resold Tickets and to Season Ticket holders who wish to sell Tickets once the Ground is at capacity. If you are a private individual purchasing a ticket, then references in these terms and conditions to “you” are to the individual using the System for private and non-commercial purposes. If you are purchasing tickets on behalf of a company, references in these terms and conditions to “you” are to the business that you have the authority to bind in accordance with paragraph 1.
These terms and conditions, together with the documents which are referenced, set out the terms upon which you may purchase or sell Tickets through the System. Please read these terms and conditions carefully before using the System. By selling or purchasing a ticket using the System, you confirm that you have read and agree to be bound by these terms and conditions. Any individual admitted to a Match will also be bound by the Regulations and the Ticketing Terms applicable to the Ticket purchased as updated from time to time on the Website.
- PURCHASING ON BEHALF OF A COMPANY
1.1 If you are NOT a private ticket purchaser:
1.1.1 You confirm that you have authority to bind any business on whose behalf you are using the System;
1.1.2 These terms and conditions constitute the entire agreement between you and the Club in relation to the System and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and the Club, whether written or oral, relating to the System;
1.1.3 You acknowledge that in using the System you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. You and us agree that neither party shall have any claim for innocent or negligent misrepresentation based on any statement in these terms and conditions; and
1.1.4 Nothing in this paragraph shall exclude liability for either party’s fraudulent misrepresentation.
- INFORMATION ABOUT US
The System is hosted by Secutix and by controlled by us. We are registered in England and Wales under company number 02114486 and our registered office is at Training Ground, Motspur Park, New Malden, KT3 6PT.
- REGISTRATION
3.1 In order to use the System, you must input your season ticket number and registration details (including username and password) (the “Login Details”).
3.2 You must keep your password and all other confidential information linked to your use of the System secure and not disclose it to any other person. If any such information becomes known by a third party you must notify us immediately. We are not liable for any loss or damage arising from your failure to comply with your obligation under this paragraph 3.2.
3.3 By using the System, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old (or a parent or guardian has entered into these terms and conditions on your behalf).
- POSTING TICKETS FOR SALE
4.1 You may only post a Ticket for sale through the System in accordance with these terms and conditions provided that you are a Season Ticket Holder and hold a valid season ticket which includes a Ticket to the relevant Match (a “Seller”). A Seller will not be able to take advantage of the System, if the purchase of the Season Ticket is via our credit broker and the Seller is behind on their payment plan.
4.2 Matches for which Tickets may be sold shall be determined by us in our sole discretion.
4.3 A Seller may make a Ticket available for sale generally, in accordance with the terms and conditions set out herein. The price at which the Ticket may be sold will be determined by the Club but shall not exceed the advertised value (the “Price”).
4.4 A Seller may post a Ticket for sale on the System by logging into the Website with their Login Details. If a Match is available for a Seller to offer their Ticket for sale, “Ticket Exchange” will appear next to the relevant Match under the ticket exchange tab. A Seller may offer their Ticket to that Match for sale, to users of the System generally, by clicking on the relevant Match. The System will indicate the amount that the Seller shall receive if the Ticket is sold (the “Seller’s Amount”).
4.5 If the Ticket is sold, a contract is formed between the Buyer and the Seller. We are not a party to the contract but act as agent for the Seller.
4.6 The Seller’s Amount shall be equal to 1/19th of the proportion of the price paid by the Seller, for their season ticket which shall be calculated on a pro-rata basis for the Match ticket sold through the System, which is attributable by the Club to that Match where the Ticket is made available for sale generally.
4.7 The Club, at its sole discretion, shall decide when the System is in use, such may be when the capacity of the Ground is deemed full. The Club will notify the Season Ticket Holder when the System is open and for the time period before the System closes.
4.8 The time periods for which a Ticket may be offered for sale will be determined in our sole discretion. When the Seller posts a Ticket for sale through the System, the deadline by which that Ticket must be sold or the offer lapses will be indicated (the “Deadline”). The Seller may, however, at any time until the earlier of the Deadline and the Ticket being sold, withdraw that Ticket from sale, unless the Ticket has already been sold.
4.9 If a Ticket is not sold by the Deadline, that Ticket will no longer be offered for sale through the System and the Seller may use the Ticket to attend the Match as if they had not offered the Ticket for sale.
4.10 If a Ticket is sold through the System, the Seller shall receive: (a) a confirmation email (b) de-activate the Seller’s card so that the card will not permit admittance to the Ground for that Match; and (c) credit the Seller’s Balance with an amount equal to the Seller’s Amount.
4.11 All amounts credited to the Seller’s Balance on the Invoice Date will automatically be set off against any amounts the Seller owes to us for purchasing or renewing season tickets for the following season in the event that the Seller elects to pay for the new season card on the Website. The Seller shall not be entitled to receive cash value or a credit into their personal bank account. If the Seller does not renew their season card, any credit in the System will be immediately deleted and no cash-back (or alternative value) will be given.
4.12 You acknowledge and agree that posting a Ticket for sale through the System does not guarantee that the Ticket will be sold.
- BUYING A TICKET
5.1 Subject to clause 5.7, anyone registered to use the Website may purchase Tickets (each, a “Buyer”) by logging into the Website. We make no representation that Tickets will be available through the System. If a Ticket is available for a Match, a Buyer may purchase that Ticket for the Price (which will be indicated on the Website), and by following the instructions on the Website. Any purchase of a Ticket through the System can be paid for by credit or debit card and the Buyer’s credit or debit card will be charged upon our confirmation of the Buyer’s purchase by email. All payments must be received in fully cleared funds. Where a Buyer is purchasing more than one Ticket, each intended recipient of a Ticket will also need to be registered to use the Website. Please note that additional restrictions or qualifying conditions may be imposed on specific matches which will be communicated at the time of purchase.
5.2 In the event that the Buyer purchases a Ticket using the System, the Buyer forms a contract with the Seller, with us acting as agent of the Seller. The Buyer shall pay the Price to us (acting as agent of the Seller).
5.3 Tickets purchased by a Buyer will be made available in accordance with the Ticketing Terms. Any purchase of a Ticket by a Buyer is deemed acceptance of those Ticketing Terms.
5.5 No refund is available to any Buyer once a purchase has completed in accordance with the terms of this paragraph 5.
5.6 The Price is inclusive of VAT (unless otherwise stated). The Price is liable to change at any time, but changes will not affect any Ticket purchases for which you have already paid.
5.7 The Club reserves the right to determine in its absolute discretion the individuals who can purchase resold Tickets. By way of a non-limiting example, on some occasions, the System will only be open to those who are part of the Club membership scheme.
5.8 The Price will be as quoted on the Website, except in cases of obvious error. Whilst we try to ensure that the Price and other information on the Website is correct at all times, errors may occasionally occur. If we discover an error in the Price or nature of the Ticket the Buyer has purchased, we will inform the Buyer as soon as possible, and give the Buyer the option of reconfirming their purchase at the correct price/specification or cancelling it. If we are unable to contact the Buyer within a reasonable period, we will unfortunately have to treat the purchase as cancelled. If the purchase is cancelled, we will provide the Buyer with a full refund.
5.9 PLEASE NOTE that no Ticket purchased by a Buyer may be subsequently sold, offered for sale, gifted or otherwise transferred by such Buyer (or a third party) to any other person or body corporate, save that in the event that the Buyer purchases more than one Ticket for a Match then one Ticket must be retained by the Buyer for personal use and the remainder may be transferred to a Guest(s) for his/her/their personal use only provided that: (a) such transfer takes place in consideration of no payment or benefit in excess of the face value of the Ticket for that Match; (b) such transfer does not take place in the course of any business or for the purpose of facilitating any third party’s business; (c) such transfer to any Guest(s) will be subject to the Ticketing Terms which will (save for any rights to sell, offer for sale, gift or transfer that Ticket) apply to and bind each Guest as if he/she was the original purchaser of the Ticket for that Match only (and the Buyer must inform the Guest of this); (d) the Buyer will provide the name and address of the Guest(s) when asked to do so by any official, steward or employee of the Club and/or any police officer; and (e) the Guest(s) shall not be entitled to sell, offer for sale, gift or transfer the ticket they are using to any other person.
- LIABILITY
6.1 If you are a private individual purchasing a ticket:
6.1.1 we only provide you with access to the System for your domestic and private use and you agree not to use the System for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
6.1.2 if we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time that you request to buy, sell or transfer a Ticket using the System; and
6.1.3 subject to paragraph 6.4, our total liability in respect of the System or any breach of these terms and conditions, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not in any event exceed the amount paid or received by you pursuant to the System as at the relevant date.
6.2 If you are not a private individual purchasing a ticket:
6.2.1 we shall not be liable to you, whether in contact, tort or otherwise, for any indirect, special or consequential loss or damage, or for any (whether direct or indirect) loss of profit, revenue, business, contracts or opportunity. Our aggregate liability to you in connection with the use of the System, whether in contract, tort or otherwise, including negligence, shall not exceed the amount paid or received by you pursuant to the System as at the relevant date. In particular, we shall not be responsible for, nor shall be liable to you in respect of, any loss or damage whatsoever and howsoever suffered by you or any other person in the event of:
(a) any damage or destruction to the seat related to the Ticket or the relevant part of the Ground (or any or all part(s) thereof) whether or not by a cause against which we are from time to time insured; or
(b) the cancellation, suspension, postponement, rescheduling or relocation of any Match; and
(c) you shall indemnify us and keep us indemnified (on an after-tax basis) from and against all losses, costs, liabilities, claims or damages which we incur or suffer as a result of any breach of these terms and conditions or any act or omission of you including for the cost of any damage to our property or facilities other than as a result of fair wear and tear.
6.3 Without prejudice to the above paragraphs 6.1 and 6.2, we shall not be in breach of, or deemed to be in breach of, any provision of these terms and conditions if we fail to perform in whatever manner, any of our obligations under these terms and conditions by reason of any fact, matter or circumstance which is beyond our reasonable control, nor shall we be in breach of these terms and conditions by reason of compliance with the Regulations.
6.4 Notwithstanding any provision in the Agreement, we do not seek to exclude or limit our liability (a) for fraud or fraudulent misrepresentation; (b) for death or personal injury, caused by our negligence or the negligence of any of our officers, employees or agents; (c) under section 2(3) of the Consumer Protection Act 1987; (d) section 57 of the Consumer Rights Act 2015; or (e) for any other matter for which it is not possible to exclude or limit liability by law.
- DISCLAIMER OF WARRANTIES
7.1 If you are a not a private individual purchasing a ticket, we provide you with access to the System on an “as is” basis and make no representations or warranties of any kind with respect to the System or its content including (without limitation) implied warranties as to completeness, accuracy, satisfactory quality and fitness for a particular purpose, except to the extent required by law.
7.2 If you are not a private individual purchasing a ticket, we do not warrant that the System will meet your particular requirements or that it will be uninterrupted, timely, secure or error-free, nor do we make any warranty as to results or the accuracy of any information obtained by you through the System, except to the extent required by law.
- CANCELLATION OF A MATCH
We give no guarantees that any Match will take place at a particular time or on a particular date. We reserve the right to reschedule any Match without notice and without any liability whatsoever. It is your responsibility to ascertain the date and start time of any rescheduled Match.
- SUSPENSION AND TERMINATION
We may suspend, terminate or refuse to grant you access to the System (or any part of the Website) at any time in our absolute discretion. Circumstances in which we are likely to exercise our discretion include, without limitation, if: (a) your use of the System is considered abusive, excessive, or against the interests of other users, or in breach of these terms and conditions; (b) to the extent your Season Card has been suspended or terminated or you have been refused entry into the Ground for any reason; or (c) a competent regulatory authority requires all or any part of the System to be suspended or terminated.
- MAINTENANCE OF THE SYSTEM
From time to time, the System may be closed down in order for work to be carried out relating to the upgrading or maintenance of the System or necessary for the provision of the System. We shall endeavour to ensure that such works are carried out as expeditiously as is possible in the circumstances.
- CONTACTING US
If you have a query about a purchase, please contact us through the Website.
- TRANSFER OF RIGHTS AND OBLIGATIONS AND RESALE
12.1 The services provided by us through the System and your rights and obligations under these terms and conditions are for the sole use of you and you shall not sell, assign, transfer or otherwise dispose of such services (or any of your benefits, rights or obligations arising under these terms and conditions) to any other person without our express prior written consent.
12.2 We may transfer, assign, charge, sub-contract or otherwise dispose of these terms and conditions, or any of our rights or obligations arising under them, at any time.
- DATA PROTECTION
We refer you to our Privacy Policy terms and conditions for more information on our privacy policies and use of personal data. The Privacy Policy terms and conditions as updated and in force from time to time are incorporated into these Terms and Conditions.
- MISCELLANOUS
14.1 No waiver by us of any part of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you by notice in writing. If we fail to exercise or enforce any right under these terms and conditions such failure will not be deemed to be a waiver of that right nor will it prevent us from exercising or enforcing that right on a later occasion.
14.2 If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
14.3 We reserve the right to vary and/or update these terms and conditions from time to time without notifying you. Updated terms and conditions will be posted on the Website and can be viewed by you at any time. We recommend that you access the Website regularly to ensure that you are aware of any changes. Changes to the terms and conditions will be deemed to have been accepted by you if you continue to use the System after a period of one week from the date the updated terms and conditions are posted on the Website.
14.4 These terms and conditions, the Ticketing Terms, Privacy Policy, the Ground Regulations and any other documents expressly referred to in the foregoing represent the entire agreement between you and us in relation to the subject matter of these terms and conditions and supersede any prior agreement, understanding or arrangement between us and you, whether oral or in writing.
14.5 If you are a consumer, you have legal rights in relation to System not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these terms and conditions will affect these legal rights.
- COMPLIANCE WITH LAWS
By using the System you agree to comply with all applicable laws and regulations and any guidelines that the Club may issue from time to time. Your use of the System is strictly subject to your compliance with this paragraph 15.
- LAW AND JURISDICTION
16.1 If you are a consumer, please note that these terms and conditions are governed by English law. This means that your use of the System and any dispute or claim arising out of or in connection with the System will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim.
16.2 If you are a business, these terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. You and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).
Definitions:
In these terms and conditions (unless the context dictates otherwise):
“Buyer” has the meaning given to it in paragraph 5.1;
“Ground” means Craven Cottage Stevenage Rd, Fulham, London SW6 6HH;
“Ground Regulations” mean the ground regulations applicable to entry into the Ground;
“Guest” means a relative, friend, colleague and/or companion to disabled supporters who would be entitled to purchase a Ticket under the Ticketing Terms;
“Invoice Date” means the date on which the due date for payment for a season ticket for a new season is calculated by us;
“Match” means any football match taking place at the Ground in which our men’s first team are competing in the Football Association English Football League;
“Price” has the meaning given to it in paragraph 4.3;
“Regulations” means the provisions from time to time of the general safety certificate applying to the Ground, the Ground Regulations, the bye-laws, rules, regulations, orders, directions, codes of practice and other guidelines of the Metropolitan Police Service, the London Fire Brigade, the Footballing Licensing Authority, The FA Premier League Limited, The Football Association Limited (FA), the Federation Internationale de Football Association (FIFA), the European Commission and any other authority or organisation that has jurisdiction or authority in relation to the holding of Events from time to time;
“Season Ticket Holder” shall mean the seasonal ticket holder valid for the Matches held at the Ground;
“Seller” has the meaning given to it in paragraph 4.1;
“Seller’s Amount” has the meaning given to it in paragraph 4.6;
“Seller’s Balance” means, for each Seller, the aggregate sum of the Seller’s Amounts held by us on behalf of that Seller that has not been set off in accordance with paragraph 4.11;
“Ticket” means a ticket to a Match which is included as part of a Seller’s season ticket or, to the extent that paragraph 6 applies, a ticket to a Match which was included as part of a Seller’s season ticket but no longer is included as part of the Seller’s season ticket;
“Ticketing Terms” means the home match ticket terms and conditions of issue applicable to a Ticket, available on the Website; and
“Website” means www.fulhamfc.com.
