In these Hospitality Terms and Conditions, some words are capitalised meaning that they are defined further below:
Agreement: means these Terms and Conditions and the Booking Form.
Booking Form: means the form setting out the Client's booking details and Hospitality Package, incorporating these Terms and Conditions.
Client: means the purchaser of a Hospitality Package
Club: means Wasps Holdings Limited incorporated and registered in England and Wales under Company Number 04187289 and whose registered office is at Coventry Building Society Arena, Judds Lane, Longford, Coventry, CV6 6AQ
COVID-19: means the coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), known as ‘COVID-19’, and/or any variations or mutations thereof
COVID-19 Event: means COVID-19 and/or any other epidemic(s) or pandemic(s)
Fee: means any and all fees payable by a Client to the Club in relation to a Hospitality Package
Force Majeure Event: means any event or circumstances outside the reasonable control of the Club, including without limitation, acts or threatened acts of terrorism, strikes, lockouts, industrial disputes or other restraints or stoppages of labour, war, riot, civil commotion, malicious damage, pandemic (including for the avoidance of doubt the COVID-19 pandemic), epidemic. compliance with any law or governmental order rule or direction, rules or instructions of any regulatory body (including, without limitation, the Football Laws), inability to obtain supplies, inclement weather, accident, breakdown of equipment, plant or machinery, fire, flood or storm
Ground Regulations: means regulations governing access to and the proper conduct of persons in attendance at the Stadium
Guest: means a person attending a Match as a friend, relative or guest of a Client
Hospitality Package: means the Seasonal or Matchday Package purchased by the Client
Match: means a Team match or matches at the Stadium promoted by the Club during which the Hospitality Package will be provided to the Client as specified on the Booking Form
Matchday Package: means a Hospitality Package purchased for use for a single Match
Rugby Authorities: rules, regulations and byelaws of the Rugby Football Union, Premiership Rugby Limited, European Professional Club Rugby and Wasps Holdings Limited (the Club) and any other Rules, Regulations and/or Bye-Laws applicable to the Club and/or any matches
Season: means the 2021/22 men’s rugby season
Seasonal Package: means a Hospitality Package for use for more than one Match during a Season (as agreed between the Club and the Client and specified on the Booking Form)
Stadium: means Coventry Building Society Arena, Judds Lane, Longford, Coventry, CV6 6AQ
Team: means the Club’s men’s first team squad
Term: means the term of the Seasonal Package as specified on the Booking Form
Ticket(s): means any ticket, voucher, booklet, card or other such entry materials which are provided by the Club to the Client to enable the Client to exercise the benefits of the relevant Hospitality Package
1 Your Contract with the Club
- By the purchase of a Hospitality Package and by access to the Stadium, a Client shall be deemed to have agreed to be bound by the following:
- these Hospitality Terms and Conditions
- the Ground Regulations and any other applicable Regulations
- any applicable COVID-19 Terms and Conditions and Regulations
- any applicable COVID-19 Supporter Code of Conduct
Which together will constitute the entire agreement between the Client and the Club to the exclusion of any non-fraudulent representation or marketing materials.
1.2 The Club reserves the right to change these Hospitality Terms and Conditions from time to time and shall notify you of such changes if they materially affect your rights as a consumer.
1.4 If these Hospitality Terms and Conditions are not accepted the Hospitality Package should not be purchased.
2 Access Conditions
2.1 Clients will be responsible for compliance and observance with these Hospitality Terms and Conditions and with the Ground Regulations. Misconduct of the Client or Guests, failing to adhere to these Hospitality Terms and Conditions or acting in a manner which the Club reasonably considers is detrimental to its interests or is likely in the reasonable opinion of the Club to bring rugby or the Club into disrepute shall permit the Club to cancel (in each case without compensation) the Hospitality Package, to prevent access to the Stadium and/or to ban the Client from attending future matches or other events at the Stadium. The Club will seek where relevant to prosecute to the full extent of the law where applicable as well as informing the relevant Rugby Authorities or law enforcement agencies of any breaches of this nature.
2.2 Entrance to the Stadium is only permitted upon presentation of a valid Ticket, which should be retained until the final match of any given season in the case of a Seasonal Package. In addition, upon request, proof of identity may be required.
2.3 No person (other than the holder of a valid licence granted by the Club's consent) may bring into, or use within, the Stadium any equipment which is capable 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 or the Stadium, other than mobile phones or like devices for personal non-commercial use.
2.4 Except for official Club merchandise and/or other rugby related clothing worn in good faith, you shall not bring into, use or display within the Stadium any sponsorship, promotional or marketing materials.
2.5 Clients and their Guests are prohibited from bringing in to the Stadium or consuming in the hospitality facilities any food or drink (whether alcoholic or otherwise) not provided by the Club. For the avoidance of doubt, the Club shall also be entitled to refuse to serve alcohol to any Client or Guest in its absolute discretion.
2.6 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 this clause 2.6 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 and which have been agreed in writing in advance by the Club.
3 Purchase and Payment
3.1 The Client shall be deemed to have purchased hospitality, and a contract for the supply of services shall be created, upon the earlier of: a) the Client returning a completed Booking Form to the Club or b) payment, in whole or in part, of the Fees by the Client
3.2 The purchase of a Hospitality Package grants the Client and their Guests the right to use the Club’s facilities at the relevant Match(es) but does not grant the Client exclusive possession of any of the Club’s facilities nor does it create a tenancy or property right of any kind.
3.3 Hospitality Packages are sold subject to availability and at the Club’s sole discretion and the Club expressly excludes all liability for any loss, expense or other type of claim arising as a result of any unsuccessful attempt to purchase a Hospitality Package during the Season.
3.4 The Fee shall be paid by credit or debit card or on invoice by the Club. Where the Client chooses to pay by credit or debit card, the Client's card will be debited by the Club as soon as reasonably practicable and a receipted invoice will be sent to the Client. Where the Client chooses to pay on invoice, the Client must pay all Fees within thirty (30) days of receiving an invoice from the Club or at least fourteen (14) days before the first day on which the Client wishes to use their Hospitality Package, whichever is earliest (save where otherwise stated on a Booking Form).
3.5 Payment must be received by the Club and cleared before any Tickets shall be released. Tickets shall be delivered to Clients before the date for use or shall be made available for collection at the Stadium (whichever is agreed between the parties).
3.6 In the event that a Client fails to pay any Fees on the relevant dates to the Club or where any payments are dishonoured, the Club reserves the right to: a) suspend or withdraw the relevant Hospitality Package and/or refuse entry to the Stadium to the relevant Client and their Guests; and/or b) restrict the Client from renewing the Hospitality Package; and/or c) prohibit the Client from purchasing a Hospitality Package for any future Match and/or Season; and/or d) charge the Client an administration fee and/or a sum equal to any bank charges incurred by the Club as a result of the refused or dishonoured payment; and/or e) take such action as it deems necessary to recover sums due to the Club, and the Club reserves the right to appoint a third party to recover any such sums.
3.7 Where any sums are outstanding from a Client, the Club reserves the right to claim interest at a rate of 5% per annum from the date of payment until satisfaction of the debt, as well as any charges and legal and other costs that the Club incurs in pursuing or enforcing any debt recovery action.
3.8 Clients must be aged eighteen (18) or over at the time of purchase of a Hospitality Package.
3.9 Where a personal assistant is required to accompany a supporter with a disability, the personal assistant of said supporter with a disability shall receive a seat free of charge (subject to availability and the provision of supporting medical evidence). All other elements of the Hospitality Package (including the provision of food and drink) are to be paid at the full prevailing rate.
3.10 The purchase of a Hospitality Package shall entitle a Client and their Guests to receive the relevant Tickets and to attend the applicable Match(es) and to use the seat or seats and any associated facilities applicable to the Hospitality Package purchased. The Club reserves the right to move the allocated seating at any time. No Hospitality Package or any part thereof shall be used or made available as gifts or prizes for competitions, auctions, giveaways or similar promotions.
3.11 The Client shall not be entitled to attend the Stadium and/or watch any match or event other than the relevant Match(es) included as part of the Hospitality Package.
3.12 Purchasers shall have no guarantee of renewal of a Hospitality Package for any subsequent season(s).
3.13 The Club reserves the right to charge the Client for the cost of any repairs, cleaning, maintenance and/or replacement of the hospitality facilities and/or its contents resulting from any act or omission of the Client and/or their Guests, except as a result of normal wear and tear.
4 Cancellation and Withdrawal
4.1 Deposits and fees are non-refundable and non-transferable.
4.2 Unless otherwise stated in these Hospitality Terms and Conditions, once booked and/or purchased, no Client shall be entitled to obtain any refund if they then wish to cancel their purchase of a Hospitality Package in whole or part and the Club shall be entitled to seek full payment in respect of all Hospitality Packages booked.
4.3 The cancellation rights granted to consumers pursuant to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to hospitality purchases. Consequently, consumers will not be able to cancel their hospitality purchases except in accordance with these Hospitality Terms and Conditions or as otherwise permitted by English law.
5 Rearranged, Abandoned or Cancelled Matches
5.1 The dates and times of Matches are subject to change and the Club accepts no responsibility in respect of such changes and no refunds shall be given. Subject to Clause 10 (COVID-19), where a Match is cancelled, rearranged or postponed prior to the day of that Match, the Club shall have no liability whatsoever for any losses or damages incurred by the Client and/or their Guests as a result of such rearrangement, cancellation and/or postponement. The Client and their Guests shall be entitled to attend the Match on the rearranged date for no additional charge.
5.2 In the case of an abandonment, cancellation or postponement on the day of a Match and after the commencement of the provision of the applicable Hospitality Package, the liability of the Club shall be capped at a maximum of 50% of the fee and in no circumstances will the Club be liable to pay any other sums to any persons including Guests in connection with a postponed or abandoned Match. The Club will have no further, or other, liability whatsoever, including (but not limited to) for any indirect or consequential loss or damage including (but not limited to) loss of enjoyment or travel or accommodation costs.
6.1 The Club reserve the right to vary the Hospitality Package and/or allocate alternative seats from time to time on giving such notice to the Client as is reasonably practicable in the circumstances. Where a variation is made, the Club shall use its reasonable endeavours to ensure that the alternative package and/or seats provided are of a superior or equivalent standard to the Hospitality Package.
7 Hospitality Packages & Tickets
7.1 Hospitality Packages and Tickets are issued for use by Clients and their Guests and Clients shall not resell, assign or (save as set out in clause 7.2 below) transfer or lend the Hospitality Package or Ticket or the benefit of it to any other person without the prior written consent of the Club. For the avoidance of doubt (and by way of example only) the Hospitality Package may not be offered as a prize in any promotion or competition nor transferred, lent or sold to any third party as part of a travel package, given to a third party who agrees to buy another good or service, or used for any other commercial purpose, save as expressly authorised by the rugby authorities or the Club.
7.2 Clients may transfer tickets to approved third parties at the absolute discretion of the Club. Such a transfer may incur a fee determined by the Club in its sole discretion, which shall be borne in full by the Client. In all other circumstances, Clients are prohibited from transferring or subletting their Hospitality Package to any person without the written consent of the Club. In the event of any transfer, the Client shall remain ultimately liable and responsible for any acts or omission of the transferee.
7.3 The unauthorised sale or disposal of tickets is 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 Hospitality Packages and Tickets are being sold illegally and will press charges to be brought against those breaking this law.
7.4 Tickets 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 Tickets at any time.
7.5 Any Hospitality Package or Ticket obtained or used in breach of the Terms & Conditions shall be automatically void and all rights conferred or evidenced by such Client shall be nullified. Misuse of Tickets may result in the holder being refused entry to, or ejected from, the Ground in respect of a particular Match and/or the cancellation and withdrawal of the Hospitality Package. In the event of any cancellation and withdrawal in accordance with this clause 7.5, no refund shall be payable to the holder in respect of any unexpired portion of the Hospitality Package. The Club further reserves its right to take any legal action against any person(s) as it sees fit in connection with such matters.
7.6 The Club is not responsible for any Ticket which is lost, stolen, forgotten, damaged, defaced or destroyed (whether a Ticket is damaged, defaced or destroyed shall be determined by the Club acting reasonably in its sole discretion). Clients must notify the Club immediately in the event that any Hospitality Package Ticket is lost or stolen. The Club may, in its absolute discretion, provide duplicate Tickets and reserves the right to charge a fee for the issue of any such replacement
8 Liability of the Club
8.1 Nothing in these Terms and Conditions shall operate to exclude or limit the Club's liability for death or personal injury caused by the negligence of the Club, its servants, agents, employees or sub-contractors or for fraudulent misrepresentation.
8.2 Subject to 8.1, the Club's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the sale of any Hospitality Package shall be limited to the face value of the Match in respect of which the liability arose, which in the case of Seasonal Hospitality will be the pro rata fee for that Match.
8.3 Subject to 8.1, the Club shall not be liable for any special, indirect or consequential loss or damage or for loss of profit, loss of business, loss of enjoyment, loss of anticipated savings or depletion of goodwill which arise out of or in connection with the sale of Hospitality Packages.
8.4 The Client shall indemnify the Club in respect of any claims, liabilities, damages, costs, expenses or losses incurred by the Club arising from or in connection with any breach of these Terms and Conditions, the Ground Regulations and applicable Regulations by the Season Member or any Guest for whom the Client may be responsible.
8.5 The Club will not be liable for any failure to provide or delay in providing facilities, services, food or beverages as a result of events or matters outside its control, including for the avoidance of any doubt a Force Majeure Event, the alteration of the dates and time of any Match, and the postponement, abandonment or cancellation of any Match.
9 Force Majeure
The Club shall not be deemed to be in breach of these Hospitality Terms and Conditions or otherwise liable to any Client or Guest for any delay or failure in the performance of its obligations under these Hospitality Terms and Conditions if and to the extent that such a delay or failure is caused by a Force Majeure event.
10.1 As a result of the COVID-19 pandemic, these Terms and Conditions, including all rights granted and the obligations of the Club hereunder, are subject to any restrictions or requirements from time to time imposed by Applicable Law or the Regulations in relation to a COVID-19 Event. In the event of any conflict or inconsistency between the provisions of these Terms and Conditions and any such Applicable Law or Regulation, the relevant Applicable Law or Regulation shall prevail.
10.2 If a Match is played at the Stadium behind closed doors during the 2021/22 season due to a COVID-19 Event, the relevant pro-rata value of the Match will be credited to the Client which can then be used towards future Hospitality Package purchases or taken as a refund.
10.3 If a Match is played at the Stadium with capacity restrictions in place during the 2021/22 season due to a COVID-19 Event, the relevant pro-rata value of the Match will only be credited to the Client for use towards future Hospitality Package purchases or as a refund if a Client is unsuccessful in any ballot or the Hospitality Package is cancelled by the Club.
10.4 For the avoidance of doubt, if it is confirmed that the Stadium is able to operate at full capacity for a Match, there shall be no credit or refunds available.
10.5 All Ticket holders are required in connection with their attendance at the Stadium to comply with all applicable laws/regulations, Government guidance and the Club’s directions (including any applicable COVID-19 Supporter Code of Conduct from time to time). This includes the strict requirement that ticket holders must not attend the Stadium if they are restricted from doing so as a result of any COVID-19 related laws and/or regulations from time to time, whether due to self-isolation requirements, local travel restrictions, or otherwise. No refunds shall be due in such circumstances unless the Club determines otherwise in its absolute discretion.
The Club may from time to time create images and/or audio-visual video footage of Clients attending the Stadium. The Club owns all rights in such images and footage and shall be entitled to use the same for the purpose of: (i) promoting the Club and its commercial partners; and (ii) any other commercial activity provided in each case that such use does not harm the reputation of the relevant individual whose image is used.
12.1 The Client may not without the prior written consent of the Club assign, sub-contract, delegate or dispose of any of its rights or obligations under these Terms and Conditions.
12.2 By applying to purchase a Hospitality Package, Clients acknowledge that they have carefully read, understood and agree to adhere to and be bound by these Hospitality Terms and Conditions.
12.3 Neither party shall be deemed to be in breach of these Terms and Conditions or otherwise be liable to the other by reason of any delay in performance or non-performance of any of its obligations under these Terms and Conditions to the extent that such delay or non-performance is due to any cause or event outside that party's reasonable control.
12.4 Any waiver by either party of a breach of any provision of these Terms and Conditions shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof.
12.5 These Hospitality Terms and Conditions and the Access Conditions comprise the entire agreement between the Club and Clients and Guests in relation to the purchase and use of Hospitality Packages.
12.6 Each party acknowledges that in entering into the agreement it does not do so on the basis of and does not rely on any representation warranty or other provision except as expressly provided therein and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
12.7 If any provision of these Terms and Conditions is held by any court or other competent authority to be void or unenforceable in whole or in part these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provisions.
12.8 No term of these Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
12.9 Where there is any inconsistency between these Terms and Conditions and the Booking Form, the provisions of the Booking Form will prevail. The Club reserves the right to vary these Terms and Conditions from time to time.
12.10 Any notice or other information required or permitted to be given by either party under these Terms and Conditions shall be deemed to have been validly given if served personally upon that party or if sent by first class pre-paid post to the last known address of that party. If sent by first class pre-paid post the notice shall be deemed to have been received 2 working days after the date of posting.
12.11 These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and each party hereby submits to the exclusive jurisdiction of the courts of England and Wales.