Terms and Conditions

1. PARTIES These Conditions govern the Contract to be entered into between: - (1) NEWCASTLE RUGBY LIMITED of Kingston Park, Brunton Road, Newcastle upon Tyne, NE13 8AF (“the Club”) (2) The company, firm, organisation, or persons stated on the Booking Information or in the Booking (“the Client”). 2. DEFINITIONS 2.1. “Advertising Benefits” means any advertising benefits that are included within the Booking Form. 2.2. “Booking” means a binding contract to purchase a Hospitality Match Ticket, Hospitality Match Bundle or Membership made in accordance with clause 3.1. 2.3. “Booking Form” means the booking form by which the Club will confirm its acceptance of the Booking Information. 2.4. “Booking Information” means the booking information submitted by the Client to the Club in order to offer to purchase a Match Ticket, Match Bundle or Membership, and which includes information specific to the individual Client’s Contract with the Club, including but not limited to information on the Client and on the payments, seating, facilities, services and Hospitality the Client wishes to receive. 2.5. “Charges” the amounts payable by the Client to the Club in respect of a Hospitality Match Ticket, Hospitality Match Bundle or Membership as set out in the Booking Information or as otherwise agreed between them. 2.6. “Conditions” means the terms and conditions set out in this document as amended from time to time in accordance with clause 3.5. 2.7. “Contract” means the contract between the Client and the Club formed in accordance with these Conditions. 2.8. “General Admission Ticket Terms and Conditions” means the terms and conditions for general ticket admission, which can be found on the Club’s website. 2.9. “Guests” means any servants, agents and invitees of the Client who attend the Stadium. 2.10. “Hospitality” means a package of hospitality provided in relation to a Match or Match Bundle as further detailed in the Booking Information or as agreed between the parties. 2.11. “Hospitality Match Ticket” means tickets which include access to Hospitality. 2.12. “Hospitality Match Bundle” means the right to receive tickets for a number of Matches along with related Hospitality. 2.13. “Match” means any game at the Stadium as part of the Gallagher Premiership, any EPCR fixture or additional Newcastle Falcons game. 2.14. “Match Ticket” means a ticket issued by the club for a particular match or fixture at the Stadium. This includes print at home tickets. 2.15. “Membership” means a particular Hospitality Match Bundle covering a full season. 2.16. “Relevant Match” means any Match for which a Match Ticket is held as a Hospitality Match Ticket, or as part of a Hospitality Match Bundle or Membership. 2.17. “Stadium” means the stadium and ground at Kingston Park, Brunton Road, Newcastle upon Tyne, NE13 8AF. 2.18. “Stadium Regulations” means the rules which govern the behaviour of all attendees at the Stadium and by which all ticket holders unequivocally agree to abide, and which can be found on the official website of the Club. 2.19. “Ticket Holder” means the holder of a ticket. 2.20. “The Club” means Newcastle Rugby Limited. 3. BOOKING CONDITIONS 3.1. Where the Client requests a Hospitality Match Ticket, Hospitality Match Bundle or Membership, they are making an offer to purchase the requested Hospitality Match Ticket, Hospitality Match Bundle or Membership in accordance with these Conditions, and if the Booking is confirmed by the Club in writing by return of a signed Booking Form, there will be a binding Contract by which the Client agrees to purchase, and the Club agrees to supply, the Hospitality Match Ticket, Hospitality Match Bundle or Membership in accordance with these Conditions. 3.2. The use of a Match Ticket to gain entry to the Stadium constitutes an unqualified acceptance of the Club’s Stadium Regulations and the General Admission Ticket Terms and Conditions. 3.3. No Match Tickets will be released until the Club is in receipt of cleared full payment or agreed part payment in respect of the Booking. 3.4. Where a Booking is for a Match Bundle the following rules apply: 3.4.1. the Client must select which Matches they would like to attend as part of their bundle; 3.4.2. a selected Match can be transferred to another Match within the season, however another fixture must be chosen at the time of transfer; 3.4.3. all transfers are subject to availability and are at the sole discretion of the Club; and 3.4.4. all bundle places must be used within the duration of the season, and cannot be transferred across seasons. 3.5. The Club reserves the right to update or amend these Conditions at any time. The Club will notify the Client of such changes. Such changes will not affect any Bookings already made, but any future Bookings will be subject to these Conditions as amended. 3.6. The Club shall select the seats attached to each Hospitality Match Ticket, Hospitality Match Bundle or Membership. The Club reserves the right to vary if necessary the seating, facilities or services to be provided by the Club in relation to any Hospitality Match Ticket, Hospitality Match Bundle or Membership in which case the Club will use reasonable endeavours to ensure that the alternative seating, facilities or services provided are of a comparable standard and quality to those originally intended. This reservation of right shall include events where the Club shall not retain primary control of the seating, facilities or services (including but not limited to domestic cup competitions). 3.7. The Club reserve the right at its sole discretion to reject any request for a Hospitality Match Ticket, Hospitality Match Bundle or Membership . 3.8. These Conditions shall only entitle the Client to make use of those facilities which the particular Hospitality Match Ticket, Hospitality Match Bundle or Membership they have purchased entitles them to use at each Relevant Match. 3.9. The Client acknowledges and agrees that the Club, at its sole discretion, may require the Client to share a table with other clients. 3.10. The Client acknowledges and accepts that any unused Match Tickets which were issued during a particular season shall expire at the end of that season. 4. PAYMENT 4.1. The Client shall make payment of the Charges in accordance with any payment plan agreed between the Client and the Club or, if time of payment is not specified in the Booking Form, within 30 days of receiving an invoice. 4.2. In the event of default of payment, the Club reserve the right to cancel the Booking. 4.3. All prices quoted are exclusive of VAT and any other sales tax or similar imposition, which will be added to the invoice at the then prevailing rate. 4.4. For Memberships the Client will be billed for the full season whether or not the places are used by the Client during that season. 4.5. Any goods or services, bar bills and accounts provided by the Club and in addition to those included in the Charges shall: 4.5.1. where the Client has a Membership Account will be invoiced by the Club and paid by the Client within 7 days of receipt of invoice; and 4.5.2. in all other cases, be paid for in full by the Client prior to departure from the Relevant Match at which they were provided. 4.6. If the Client fails to pay any sums due and payable under this clause 4 by the due date, without affecting the Club’s other rights, interest from time to time shall accrue thereafter on the unpaid amount from the due date to the date of actual payment (after as well as before judgment). Interest shall be calculated on the basis of a year of 365 days and for the actual number of days elapsed, shall accrue from day-to-day, and shall be compounded quarterly. The interest rate shall be statutory interest and to the extent that, and for so long as, a rate for statutory interest is not set or does not apply from time to time, a rate equal to six per cent (6%) above the base rate of Barclays Bank PLC from time to time shall be applied. 5. ADVERTISTING AND CLIENT NAME AND LOGO 5.1. The Client gives permission for the Club to publicise its name in the match programme or elsewhere within the Stadium to indicate to third parties that the Client is attending Hospitality during the Relevant Match. 5.2. If the Client wishes for the Club to use any logo in publicising the Client’s use of Hospitality under clause 5.1, the Client shall at its own expense produce such artwork as it requires for the logo to be displayed and shall supply such artwork to the Club by the date specified as the print deadline by the Club and the Client hereby grants permission for the Club to use the log and artwork supplied for this purpose. 5.3. Where the Booking Form includes Advertising Benefits, the Club will not be in breach of any obligation to the Client to provide Advertising Benefits where the Club is prevented from providing any of the advertising benefits on account of any obligations to or restrictions imposed by any relevant governing body, any sponsor of any competition or tournament in which the Club is engaged or for which the Stadium is a designated venue, or any broadcasting organisation having rights to broadcast in respect of any events of whatever nature taking place at the Stadium. 6. CANCELLATION 6.1. Where the Client is dealing as a consumer (i.e. they are booking for personal and not business use), then the Client shall have the right to cancel a Hospitality Match Ticket, Hospitality Match Bundle or Membership within fourteen (14) days of the Hospitality Match Ticket, Hospitality Match Bundle, or Membership being granted without giving any reason. 6.2. For the avoidance of doubt, the cancellation period will expire after fourteen (14) days from the day that the Hospitality Match Ticket, Hospitality Match Bundle, or Membership is granted. 6.3. To exercise the right to cancel, the Client must inform the Club in writing of its decision to cancel the Hospitality Match Ticket, Hospitality Match Bundle, or Membership to the Club’s registered address. To meet the cancellation deadline, the Client must send the communication concerning its exercise of the right to cancel before the cancellation period has expired. 6.4. A booking may not be cancelled by the Client after the 14-day right to cancel period as set out in clauses 6.1 to 6.3 above has expired. 7. EFFECTS OF CANCELLATION 7.1. In the event that the Client exercises its right to cancel a Hospitality Match Ticket, Hospitality Match Bundle or Membership in accordance with clause 6, the Club will reimburse to the Client all payments received from the Client in respect of a Hospitality Match Ticket, Hospitality Match Bundle or Membership. 7.2. The Club will make the reimbursement without undue delay, and not later than fourteen (14) days after the day on which the Club was informed by the Client in accordance with clause 6 of its decision to cancel a Hospitality Match Ticket, Hospitality Match Bundle or Membership. 7.3. The Club will reimburse the payment using the same means of payment the Client used for the initial transaction, unless the Client has expressly agreed otherwise, and in any event, the Client will not incur any fees as a result of the reimbursement. 7.4. If a request is made by the Client to the Club to begin the performance of Hospitality Match Ticket, Hospitality Match Bundle or Membership services during the cancellation period, the Client shall pay to the Club an amount which is in proportion to the services performed until the date on which the Client has communicated the cancellation of a Hospitality Match Ticket, Hospitality Match Bundle or Membership in accordance with clause 6 , in comparison with the full performance by the Club under the Hospitality Match Ticket, Hospitality Match Bundle or Membership. 8. HOSPITALITY 8.1. The Client shall, and shall ensure that Guests shall: 8.1.1. refrain from damaging, altering or removing any of the fittings, furnishings or equipment at the Club’s premises or any other premises at which the Hospitality is provided, and in the event of any such damage, alteration or removal the Client will pay to the Club the cost of reinstating, repairing or replacing any such damage, alteration or removal; 8.1.2. observe any rules and regulations that the Club makes and notifies to the Client from time to time, and observe all reasonable verbal instructions from members of the Club’s staff when enjoying the Hospitality; 8.1.3. refrain from swearing, spitting, adopting unruly, inappropriate, offensive or illegal behaviour, committing acts of racial abuse or other discriminatory behaviour as to race, ethnicity, sex, sexual orientation, age religion or disability, or committing any criminal offence; 8.1.4. consume alcohol only in a responsible and safe manner and ensure that no Guest under the age of 18 consumes alcohol on the premises. 8.1.5. refrain from at any time bringing any food or beverages on to the Club’s premises, or on to any other premises at which the Hospitality is provided; and 8.1.6. use the Club’s premises, and any other premises at which the Hospitality is provided, at all times in a proper and lawful manner and not so as to cause nuisance, annoyance or inconvenience to any person. 8.2. Any Guests under the age of 18 must be accompanied by an adult. 8.3. The Client shall be responsible for the behaviour of Guests and shall indemnify the Club, and the owners of any other premises at which the Hospitality is provided, against any loss or damage suffered by such owners or by the Club caused directly or indirectly by the Client or any of its Guests. 8.4. For Memberships, the Client agrees to the following conditions regarding banking hospitality places (i.e. retaining unused hospitality places for use later in the season): 8.4.1. a full hospitality booking and single place hospitality booking cannot be banked unless the Club has received notice within at least two weeks of the fixture date; 8.4.2. any banked places must be used within the season to which the Membership relates and cannot be carried over to the next or any subsequent season. 8.5 Any requests for banking hospitality places outside of the conditions in clause 8.4 will be at the sole discretion of the Club. 9. DRESS CODE 9.1. A smart casual dress code must be followed by all persons enjoying the Hospitality. 9.2. Specific dress codes may be imposed by the Club for any particular Hospitality area or Match and it is the Client’s responsibility to check with the Club for any particular requirements. 9.3. It is the Client’s responsibility to inform Guests of the relevant dress codes and ensure that they comply with them. 9.4. The Club reserves the right (without liability) to refuse access to the Hospitality area to anyone who does not follow the relevant dress code. 10. CAR PARKING 10.1. In circumstances where the Hospitality includes car parking, the Club will inform the Client in advance of where the Client and Guests may park. Car parking may be provided (at the Club’s sole option) within the Stadium car parks or within an offsite car parking facility, which may not be owned by the Club. 10.2. Under no circumstances are seasonal hospitality car park permits to be passed on, loaned or sold. 10.3. All car parks and roads adjacent to the Stadium have access restrictions on matchdays, which the Club will endeavour to inform the Client of in advance. If the Client or Guests do not observe such access restrictions, they may be unable to access the car parking assigned to them for which the Club accepts no liability. 11. PHOTOGRAPHY AND CCTV 11.1. Photographers will be present during the Hospitality and some crowd photographs may be taken and used by the Club for media and marketing purposes. By making a Booking the Client hereby consents to images of the Client being used in this way. The Client further undertakes to obtain the consent of Guests to such use. 11.2. If the Client has any concerns or would like to discuss this further, they should contact the Club’s marketing department. The Club owns such images and footage and shall be entitled to use or permit its commercial partners to use the same for media and/or marketing purposes. 11.3. CCTV is employed and operated within the Stadium for the control and safety of spectators. 11.4. No photographs or videos are to be taken of any members of staff without their informed consent. 12. CANCELLATION AND CHANGES TO MATCHES 12.1. All Hospitality and Membership is sold on the understanding that the date and time of a match that is initially released is the current expected date and time. The Club cannot guarantee that any match will take place on any advertised date or time, and a match may be rescheduled at any time, without notice and without any liability whatsoever. It is the responsibility of the ticket holder to verify the correct date and time of each match via the Club’s website, the ticket office or the local press. The Club will endeavour to make this information available promptly after any change is made. It is your responsibility to be available, and ensure that all guests are available for the date of all matches covered within your Hospitality and Membership package, and the Club is under no obligation to give any refund, or ticket credit, to any ticket holder as a result of a date and/or time change. 12.2. In the event that a Match is cancelled or abandoned but where the Client has accessed and used the Hospitality and Membership for the Match (for example if the Match is abandoned part-way through for bad weather) then the Club does not provide any refund or other remedy on the basis that the Client has accessed and used the Hospitality and Membership in relation to that Match. 12.3. Where a Match is cancelled or abandoned and not re-arranged (for example where points are awarded instead, or where a club ceases to operate in the division), then where the Client has a Membership Bundle, then they will be entitled to select an alternative Match within the season as a replacement for the Match lost. It is the Client’s responsibility to make themselves available for a revised Match within the season. 12.4. Save where clauses 12.1 , 12.2 or 12.3 apply, where a Match is cancelled or abandoned then: 12.4.1. where that Match is re-arranged within the season then the Hospitality and Membership purchased will be valid for the re-arranged Match, and it is the Client’s responsibility to be available for the rearranged Match; 12.4.2. Where that Match is not rearranged within the season (for example if points are awarded instead, or where a club ceases to operate in the division), then given that the Club cannot control this situation any remedy offered by the Club will be an offer of one or more of the following remedies, but the choice of remedy will be at the Club’s sole discretion: 12.4.2.1. the substitution of another Match and an equivalent Hospitality package (which may be played at the Stadium by any of the Club’s teams, and against any opposition); 12.4.2.2. the substitution of another Match and a non-equivalent Hospitality package (which may be played at the Stadium by any of the Club’s teams, and against any opposition) and a proportionate refund against the price of the equivalent Hospitality package; 12.4.2.3. A credit, to be applied to another Match within the same season, and which, if offered will automatically expire at the conclusion of the same season if not redeemed; 13. FORCE MAJEURE 13.1. In the event of the Club being prevented or delayed at any time from performing any of its obligations under the Contract by reason of any act, event, accident or other happening beyond the control of the Club or which cannot be overcome by means normally employed in performance and at comparable expense, including, without prejudice to the generality of the foregoing, strikes, lockouts, industrial disputes, riots, wars, civil disturbance, fire, explosions, storms, power failure, governmental or local authority or rugby football authority regulations and requirements, loss of liquor licence and difficulties relating to venues other than the Club’s own property, then and in such event any such failure or delay in performance shall not be deemed to constitute a breach of the obligations of the Club but performance of such obligations shall be suspended during the continued existence of such act, event, accident or happening as aforesaid and all rights of the Club at the time for performance shall be extended for a period equal to the aggregate of : 13.1.1. the period or periods of continued existence of such act, event, accident or happening; and 13.1.2. such further period (if any) as the Club in its sole discretion reasonably considers is required, due to repairs, maintenance, rebuilding, delays in transportation, shortage of manpower or materials or other cause directly occasioned by, or attributable to such act, event, accident or happening. 13.2. In the event that a situation of force majeure permanently prevents the Club from performing its obligations under these Conditions, the Club shall be entitled forthwith to terminate the Contract by notice in writing to the Client without prejudice to the rights and obligations of the parties hereto accruing up to and including the date of termination. 14. LIABILITY 14.1. Nothing in this clause shall operate to exclude or limit the liability of either party for death or personal injury, for fraud or fraudulent misrepresentation or for any other matter which cannot be excluded or limited by law. 14.2. Where the Client enters into the Contract as a business, the Club will not under any circumstances whatsoever be liable for any indirect or consequential loss, or loss of profit whether direct or indirect, suffered by the Client. 14.3. Where the Client is a consumer, the Club will not be liable for any losses which the Client suffers as a result of the Club’s breach of the Contract except for losses which are reasonably foreseeable at the time the Contract is entered into. 14.4. The total liability of the Club for any losses of the Client arising out of or in connection with the Contract shall be limited to an amount equal to the total Charges. 15. TERMINATION 15.1. Misconduct of the Ticket Holder, failing to adhere to these Conditions, the Stadium Regulations or the General Admission Ticket Terms and Conditions, or acting in a manner which the Club reasonably considers is detrimental to its interests or is likely to bring the Club into disrepute shall permit the Club to confiscate or forfeit (in each case without compensation) the Match Ticket, to prevent access to the Stadium for the fixture in question and/or ban the Ticket Holder from attending future matches or other events at the Stadium, for such time as the Club deems appropriate. 15.2. The Club shall be entitled forthwith to terminate the Hospitality Match Ticket, Hospitality Match Bundle or Membership by notice in writing if: 15.2.1. the Client commits a material breach of the Contract which cannot be remedied or which can be remedied but the Client fails to do so within a reasonable period specified by the Club; 15.2.2. any procedure is commenced with a view to the winding-up or re-organisation of the Client and that procedure is not terminated or discharged within 30 days; 15.2.3. any procedure is commenced with a view to the appointment of an administrator, receiver, administrative receiver or trustees in bankruptcy in relation to the Client or its assets and that procedure is not terminated or discharged within 30 days; 15.2.4. the holder of any security over the assets of the Client takes any step to enforce that security and that enforcement is not discharged within 30 days; 15.2.5. the assets of the Client are subject to attachment, sequestration, execution or similar process and that process is not terminated or discharged within 30 days; 15.2.6. the Client is unable to pay its debts as they fall due or enters into a composition or arrangement with its creditors or any class of them; and 15.2.7. anything analogous to any of the events described in clauses 14.2.1 to 14.2.6 to any holding company of the Client. 15.3. In the event that the Club terminates a Hospitality Match Ticket, Hospitality Match Bundle, or Membership in reliance upon any of clause 14.2, or as a result of any other default by the Client, the Club shall not be under any liability to refund any part of the Charges and following such termination the Club shall be at liberty to supply the Hospitality to any other party. 15.4. The Client may terminate the Hospitality Match Ticket, Hospitality Match Bundle or Membership if the Club commits a material breach of these Conditions which cannot be remedied or which can be remedied but the Club fails to do so within 30 days after being given notice of the breach. 16. NOTICES 16.1. Any communication may be served by the Club upon the Client by sending it through the post in a pre-paid envelope addressed to the Client at the address that appears in the Booking Information or has otherwise been provided by the Client when making the Booking. 16.2. Any communication that requires to be served upon the Club may be served by sending it through the post in a prepaid envelope addressed to the Club at its registered office. 16.3. Any communication served by post shall be deemed to have been served at the expiration of 48 hours after it is posted and, in proving such service, it shall be sufficient to prove that the envelope containing the communication was properly addressed and posted. 17. WAIVER 17.1. The rights and remedies of the parties under the Contract will not be diminished or extinguished by the granting of any indulgence, forbearance or extension of time by any of them nor by the failure of or delay by any of them in asserting any such rights or remedies. 18. INVALIDITY 18.1. If at any time any one or more of the provisions of the Contract is or becomes becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of the Contract shall not be in any way affected or impaired thereby. 19. GENERAL 19.1. The Club accepts no liability for Hospitality applications, tickets, permits or passes which are lost in the post, mislaid or destroyed. 19.2. Duplicate tickets, permits and/or passes may (at the Club’s sole discretion) be supplied, upon receipt of a written explanation of the circumstances surrounding the loss and/or damage. The Club reserves the right to charge an administration fee of £10 per item to produce replacements. 19.3. The Club shall not be liable for stolen or counterfeit tickets purchased through unauthorised sources and reserves the right to refuse admission. 19.4. No ticket shall be resold or transferred without the prior written consent of the Club. Any such consent shall be subject to the Client ensuring that the purchaser or transferee of the tickets agrees to be bound by these Conditions. 19.5. The Club reserves the right to search any person entering the Stadium and to refuse entry to any person refusing to submit to a search. 19.6. The Client shall not assign the Contract or its rights under it or grant any rights whatsoever by way of sub-agreement, licence, or otherwise to any other person in respect of the subject matter of the Contract. 19.7. The Club may assign and/or subcontract any of its rights and/or obligations under the Contract. 19.8. No person who is not a party to the Contract is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. 19.9. The dates and/or kick off times of Matches are subject to change for any reason including, without limitation, inclement weather and rearrangement due to television broadcasting or cup competition requirements. The Club reserves the right to reschedule or relocate any Match without notice and without any liability whatsoever. The Club will endeavour to make this information available as soon as any changes have been made; however, it is ultimately the responsibility of the Ticket Holder to ascertain the correct date and kick-off time or any rearranged and/or postponed matches. 19.9.1. The Client shall not be entitled to any reduction in the price or other compensation or to terminate the Contract as a result of any change under clause 18.9. 19.9.2. All General Admission Ticket Terms and Conditions are applicable to Hospitality Bookings. 20. GOVERNING LAW AND JURISDICTION 20.1. These Conditions and the Contract shall be subject to English Law and the parties hereby submit to the exclusive jurisdiction of the English Courts. 21. DATA PROTECTION – THE CLIENT’S PRIVACY 21.1. The Club will use the Client’s personal data in accordance with its privacy policy which is available to view on the Club’s website. 22. SMOKING 22.1. The Client acknowledges that the Stadium is a fully NO SMOKING STADIUM and agrees that it should not and shall procure that its Guests shall not smoke in the Stadium, or any part of it at any time. 22.2. Failure to adhere to the terms of clause 21.1 may result in the Client being ejected from the Stadium and refused admission subsequently to any part of the Stadium. 20.3 ‘No smoking’ includes vaping.