Sports Travel & Hospitality Group Limited
Terms and Conditions for Online Purchasing of Hospitality Packages
IMPORTANT: PLEASE READ
We draw your attention to these terms and conditions which apply whenever you buy Hospitality Packages from us on our website www.sthlive.com (Website). Please read them very carefully before you proceed to make your purchase because they explain important information about the basis on which we will sell Hospitality Packages to you.
By placing an order you agree to be bound by these terms and conditions (Terms) and by the ticket terms and conditions issued by the Event for which you ordering a Hospitality Package (Ticket Terms and Conditions). The Ticket Terms and Conditions are available on the home page of the Event website or on the back of the ticket issued by the Event and will be made available by us to you on request.
Collectively, these Terms and the Ticket Terms and Conditions shall be known as the Customer Agreement. References in these Terms to “we/us/our/STH” mean Sports Travel and Hospitality Group Limited (company number 08971103) of 1 Southhampton Row, London, WC1B 5HA. References in these Terms to “you/your/Customer” mean you, the person or entity buying the Hospitality Package(s) from us.
The defined terms in relation to these Terms are set out in Appendix One.
1.1 The headings in these Terms are for convenience only and shall not affect their interpretation.
1.2 Any reference in these Terms to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 Where the context dictates in these Terms, the singular shall include the plural and vice versa and any gender includes the other gender.
2.1 The Website displays Hospitality Packages which are advertised for sale and gives information about them. By advertising Hospitality Packages on the Website, we are inviting you to place an Order. If you place an Order, we are not obliged to accept that Order and the Customer Agreement will only be formed if and when we accept the Order. Neither submitting an electronic order form, nor completing the checkout process constitutes our acceptance of an Order. Our acceptance will take place when we email you confirming the Order.
2.2 We may refuse an Order (or cancel a Customer Agreement) if we decide it is reasonable to do so which may include circumstances where:
(a) we are unable to obtain authorised payment or the payment process is incomplete; or
(b) we identify a product or pricing error on the Website; or
(c) you fail to meet any criteria for eligibility of purchase which we may impose from time to time; or
(d) we suspect that the Order is related to fraudulent activity; or
(e) you fail to submit all necessary and relevant details to allow us to fulfill the Order; or
(f) the Hospitality Package(s) ordered are unavailable or out of stock.
2.3 If we refuse to accept an Order (or cancel a Customer Contract) we will inform you of this and will not charge (or will refund) you for the Hospitality Package(s) ordered.
2.4 For the avoidance of doubt the contract in respect of the Hospitality Package(s) shall be between us and you and the Customer Agreement shall apply to the purchase of such Hospitality Package(s).
2.5 The Customer Agreement shall supersede any proposal made to you by us or any request made by you to us.
- Price and Payment
3.1 The Package Fee will be the price indicated on the Website when you place the Order. Whilst we try to ensure that all prices on the Website are accurate, errors may occur. If we discover an error in the Package Fee on the Website we will inform you as soon as possible and give you the option of reconfirming your Order at the correct Package Fee (and credit or debit their account as applicable) or cancelling the Order (and/or Customer Agreement). If we are unable to contact you, you agree that we may treat the Order (and/or Customer Agreement) as cancelled. If you choose to cancel the Order (and/or Customer Agreement) after you have already paid the incorrect Package Fee, you will receive a full refund from us.
3.2 The price for Hospitality Packages may vary as it is set according to demand at the time of purchase. You shall pay the Package Fee displayed on the Website at the time you make the Order but the price of similar Hospitality Packages may increase or decrease after you have made your purchase. You will not be entitled to a refund if the price of similar Hospitality Packages subsequently falls.
3.3 The price printed on the Ticket included with a Hospitality Package is usually its face value rather than the purchase price. You will not be entitled to a refund on the basis that you have paid a higher price than the face value of the Ticket. The price paid for a Hospitality Package and the relevant Ticket represents its true value at the time of purchase.
3.4 All sums due by you to us shall be paid in the currency indicated on the Website along with any applicable VAT or other applicable taxes, duties, charges or levies specified.
3.5 You agree to pay and to hold us harmless from and against any:
(a) taxes, duties, levies, deductions or withholdings (Withholdings); and/or
(b) bank and other charges incurred by us as a result of any monetary transfer, currency conversion or otherwise (Bank Charges)
imposed upon or applicable to the payment of the Package Fee by you by any local government authority and to the extent necessary, you shall be obliged to pay us such additional amount as will, after any such Withholdings and/or Bank Charges have been imposed, leave us with the same amount as we would have been entitled to receive in the absence of the imposition of such Withholdings and/or Bank Charges.
3.6 The Package Fee will attract VAT at the then-current rate applicable under English law at the time of sale and such VAT shall be charged to, and payable, by you, irrespective of your geographical location or tax residency at the time of sale or otherwise.
3.7 You acknowledge that not all payment cards will be accepted by us.
3.9 All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, we will not accept the Order and will not be liable for any delay or non-delivery.
3.10 If we do not have sufficient stock of the Hospitality Package(s) ordered, we will notify you by e-mail or telephone and your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of the relevant Order. We will not be responsible for any compensation if the Hospitality Package(s) you order are not available for any reason.
- Delivery of Hospitality Packages
4.1 Provided you have paid and the Package Fee has been received in full by us in accordance with clause 3, we shall deliver the Hospitality Package(s), Event Documents and Ticket(s) to the delivery address notified by you on the Order, unless we notify you of a different mode of delivery and/or collection of the Hospitality Package(s), Event Documents and Ticket(s).
4.2 Notwithstanding clause 4.1, it shall be your responsibility to arrange for an authorised representative to be present at the delivery address referred to in clause 4.1 to receive the relevant Hospitality Package, Event Document and Ticket, and to notify us of any change to such delivery address within a reasonable time prior to the scheduled delivery.
- No sponsorship rights or association with the Event
5.1 You expressly acknowledge and agree that the purchase of Hospitality Package(s) does not grant you (nor any Guest) any marketing or promotional rights with respect to us, the Event, the Event organiser, the Event rights holders or any commercial partners or stakeholders of the Event.
5.2 You must not and shall procure that each of your Guests shall not, unless any of your or your Guests are entitled to by virtue of an agreement with the Event rights holder itself, hold yourselves out as a sponsor of, use any intellectual property connected with (including, without limitation, the official emblem, designations and mascots of the Event), or otherwise associate yourselves or your name(s) in any manner whatsoever with the Event (or part thereof), STH, the Event, the Event organiser, the Event rights holders or any commercial partners or stakeholders of the Event.
5.3 You must not (and shall procure that your Guests shall not) as a material condition of this Customer Agreement whether before, during or after the Event:
(a) use the Hospitality Package(s) (or any element thereof) for marketing or promotional purposes (including, without limitation, for use as a prize in competitions, lotteries, draws, charity promotions or sweepstakes); or
(b) conduct any promotional, advertising or marketing activity in connection with STH, the Event, the Event organiser, the Event rights holders or any commercial partners or stakeholders of the Event.
5.4 You agree that neither you, your Guests nor any of your clients (as appropriate) shall have any right to promote yourselves or your trade(s) or business(es) in any Hospitality Area or otherwise associate yourselves with us, the Event, the Event organiser, the Event rights holders or any commercial partners or stakeholders of the Event, unless expressly authorised by us in writing. For the avoidance of doubt and without limitation to the generality of the foregoing, no corporate identification of the Customer, its Guests or its clients (or any of them (as appropriate)) shall be permitted unless expressly authorised in writing by us.
- Hospitality Packages
6.1 You acknowledge and accept that access to the Venue and any Hospitality Area for which you have purchased a Hospitality Package is strictly limited to the date and the time indicated in the Hospitality Package. For the avoidance of doubt, access to the locations where catering, beverage and/or other hospitality services are provided will be restricted to persons having the express right to access such locations.
6.2 We reserve the right to substitute or amend a Hospitality Package (including without limitation any seats, areas or services initially allocated to you or pricing of packages to reflect market fluctuations) if such amendment is required:
(a) in order to comply with local applicable laws in force during the Event; or
(b) due to security constraints or other reasons in connection with the staging of the Event or our provision of the Hospitality Packages, in which case, we shall use all reasonable efforts to provide you with (in our opinion) an equivalent (as close as possible) hospitality package to the Hospitality Package purchased by you. In such circumstances, we shall notify you of the details of the new hospitality package.
7.1 Each of the Hospitality Packages purchased by you is provided subject to the Customer Agreement.
7.2 You shall be responsible for notifying each Guest of the provisions of the Customer Agreement including without limitation the Ticket Terms and Conditions. You shall procure the full compliance of your Guests with the Customer Agreement including without limitation the Ticket Terms and Conditions.
7.3 You shall (and shall procure that your Guests shall) at all times comply with all directions and instructions of the competent authorities at all of the Venues at which they attend an Event (including, without limitation, the police).
7.4 Any breach of the Customer Agreement (including, for the avoidance of doubt and without limitation, the prohibitions on resale, transfer and commercial use) may result in the cancellation of the relevant Hospitality Package(s) purchased by you.
7.5 Without prejudice to the foregoing, you agree to use your best endeavours to ensure that your Guests comply with all rules and safety regulations established at each Venue and Hospitality Area and acknowledges that if you and/or your Guests are disruptive to the Event or the enjoyment, comfort or safety of other spectators (whether because under the influence of alcohol, narcotics or otherwise) you and/or your Guest (as applicable) may be refused admission or removed by the Venue Operator.
7.6 If you or any Guest fails to comply with clauses 7.2, 7.3 or 7.4 or if the Venue Operator removes you or your Guests pursuant to clause 7.5, you and/or the Guest (as applicable) shall have no right to a refund from us and we shall not have any liability whatsoever to you or the Guest.
7.7 You and your Guests shall at all times comply with all applicable laws in relation to the use of the Hospitality Package(s) including, without limitation, the Bribery Act 2010.
- Ambush Marketing
8.1 You and your Guests are forbidden from using, possessing, selling or distributing any Prohibited Materials in the Venue and/or Hospitality Area. If you and/or any Guest are found with any such Prohibited Materials, the Venue Operator may remove such items and/or remove you and/or your Guest (as applicable) from the Venue and/or Hospitality Area and/or refer you and/or your Guest (as applicable) to local authorities for investigation. If you and/or a Guest are removed in such circumstances, then you (including the relevant Guest) shall not be entitled to any refund and we shall have no liability whatsoever to you or the Guest.
8.2 Without prejudice to clause 8.1, you and your Guests are strictly prohibited from possessing, selling or distributing any kind of promotional or commercial items in the Venue or Hospitality Area (including, without limitation, drinks, food, souvenirs, clothes and flyers). The Venue Operator may remove such items and/or remove you or your Guest (as applicable) from the Venue or Hospitality Area. If you or a Guest is removed in such circumstances, then you (including the relevant Guest) shall not be entitled to any refund and we shall have no liability whatsoever to you or the Guest as a result.
9.1 You acknowledge that Tickets (and any access/parking passes) that are damaged, defaced or unreadable may not be accepted by the Venue Operator for admission to the Venue or Hospitality Area.
9.2 We shall not replace or reimburse you in respect of any lost, stolen, damaged, destroyed or defaced Tickets (and any access/parking passes), save where the same occurs as a result of our negligent act or omission.
9.3 YOU REPRESENT AND WARRANT THAT YOU ARE PURCHASING THE HOSPITALITY PACKAGE(S) FOR USE BY YOU AND YOUR GUESTS ONLY. YOU SHALL NOT BE ENTITLED TO RESELL, EXCHANGE OR MAKE AVAILABLE TO ANY OTHER PERSON THE HOSPITALITY PACKAGE(S) OR ANY ELEMENT OF THE HOSPITALITY PACKAGE(S) (INCLUDING, WITHOUT LIMITATION, THE TICKETS).
- Rescheduled / Relocated Sessions
10.1 The times, dates and places of the Event or any part thereof may be modified without notice to you as a result of unforeseen circumstances (including, without limitation, Force Majeure, safety and security concerns or a decision from the rights holder, the Venue Operator or any other competent authority). We have no control over the running of or timings of the Event or any part thereof.
10.2 If the Event or any part thereof is rescheduled or relocated for any of the reasons referred to in clause 10.1, we will use our best efforts to arrange for the relevant Hospitality Package(s) to be provided at the rescheduled or relocated Event. If we are able to provide materially the same Hospitality Package(s) at the rescheduled or relocated Event, then your booking for the relevant Hospitality Package shall remain valid for the rescheduled or relocated Event, and you shall not be entitled to claim any refund and we shall have no liability whatsoever to you or any Guest as a result. If we are unable to provide materially the same Hospitality Package(s) at the rescheduled or relocated Event, then you shall be entitled to cancel your booking and claim a refund (save that we shall be entitled to retain any booking/administrative costs reasonably incurred by us prior to the date of cancellation and to retain such other costs as are reasonable if and to extent that we have borne costs in reliance on the Event taking place and such costs are not readily recoverable (including, without limitation, any commission paid to a relevant STH Sales Agent)).
10.3 The above remedies are without prejudice to any other remedy you may have pursuant to these Terms.
10.4 You are advised to take out insurance to cover the risk and costs associated with a delay, interruption, rescheduling or postponed or cancelled Event.
- Cancelled Event
11.1 If the Event (or any part thereof) is cancelled as a consequence of unforeseen circumstances (including, without limitation, Force Majeure, safety and security concerns or a decision from the rights holder, the Venue Operator or any other competent authority) or as a result of the disqualification or withdrawal of a team or competitor, and not rescheduled, then you shall be entitled to terminate the Customer Agreement and claim a refund (save that we shall be entitled to retain any booking/administrative costs reasonably incurred by us prior to the date of cancellation and to retain such other costs as are reasonable if and to extent that we have borne costs in reliance on the Event taking place and such costs are not readily recoverable.
11.2 The above remedies are without prejudice to any other remedy you may have pursuant to these Terms.
12.1 Save as expressly provided in these Terms, and except where the Hospitality Package(s) are sold you dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977 and the Unfair Contract Terms in Consumer Contracts Regulations 1999), all warranties, conditions or other terms implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
12.2 Where you purchase Hospitality Package(s) in your capacity as a consumer, your statutory rights shall not be affected by these Terms.
12.3 Other than the specific remedies available to you referred to above, we shall not be liable to you (or any Guest) by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the terms of the Customer Agreement, for any consequential loss or damage, any loss of profit (whether direct or indirect) or business or loss of future business or loss of enjoyment or otherwise, costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of us, our employees or agents or otherwise) which arise out of or in connection with the supply of Hospitality Package(s) (including Tickets) or your use.
12.4 Subject to clause 12.8, our total liability to you (and your Guests) whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstance exceed the Package Fee paid in respect of the affected Hospitality Package(s).
12.5 You shall be responsible for all damage caused by yourself, your Guests and any other persons under your control.
12.6 You shall indemnify and hold us harmless from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by us as a result of a breach by you (or your Guests) of the Customer Agreement or in connection with, resulting from, or arising out of any and all acts or omissions of you (or your Guests).
12.7 You agree that the personal arrangements of you and your Guests in connection with the Hospitality Package(s) (including, without limitation, travel and accommodation) are entered into by yourself and your Guests at your own risk and that neither us nor the rights holder shall be liable for any costs, losses, loss of enjoyment or wasted expenditure (including, without limitation, any indirect and/or consequential loss or damage) suffered by you or your Guests.
12.8 Nothing in this Customer Agreement is intended and nor shall it be construed as an attempt by any party to exclude or limit its liability for death or personal injury caused by its negligence, for its fraud or fraudulent misrepresentation or for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
- Termination Events
13.1 You shall only be entitled to terminate the Customer Agreement in accordance with clauses 3.1, 10.2, 11.1, 13.3 and 17.3 of these Terms.
13.2 Without prejudice to any other rights we may have, we may terminate the Customer Agreement with immediate effect if:
(a) you fail to make payment in accordance with clause 3; or
(b) in our reasonable opinion, you or any of your Guests are, or are likely to be, in breach of clauses 5, 8.1, 8.2 or 9.3.
13.3 Either party may terminate a Customer Agreement with immediate effect if:
(a) the other party is in material breach of any term of these Terms and such breach is not capable of remedy;
(b) the other party is in material breach of any term of these Terms and (where capable of remedy) such breach is not remedied within thirty (30) days of notice to do so; or
(c) the other party becomes subject to an Insolvency Event.
13.4 If notice of termination is given by us to you pursuant to clause 13.2 or 13.3, we may, in addition to terminating the Customer Agreement:
(a) require that you immediately pay any money due to us;
(b) cancel all the Customer’s Orders confirmed by us pursuant to clause 2 prior to the date of termination;
(c) be regarded as discharged from any further obligations under the Customer Agreement; and
(d) pursue any additional or alternative remedies provided by law, except as otherwise provided in the Customer Agreement.
13.5 Termination of the Customer Agreement shall not affect the rights or liabilities of either party accrued prior to termination or any terms intended expressly or by implication to survive termination.
14.1 Any communication to be given in connection with these Terms shall be in writing in English and shall either be delivered by hand or sent by first class post or email to the address of the relevant party. The parties shall notify each other of such details at the time of your booking and shall keep each other updated of any changes to such details.
14.2 A communication sent according to clause 14.1 shall be deemed to have been received:
(a) if delivered by hand, at the time of delivery;
(b) if sent by first class post or courier, on the second day after posting; or
(c) if sent by email, at the time of completion of transmission by the sender.
If, under the preceding provisions of this clause 14.2, a communication would otherwise be deemed to have been received outside normal business hours in the place of receipt, being 9.30 am to 5.30 pm on a day other than a Saturday, Sunday or public holiday in the United Kingdom (Business Day), it shall be deemed to have been received at 9.30 am on the next Business Day.
- Entire agreement, no waiver, and amendments
15.1 The Customer Agreement constitutes the whole agreement and understanding between us and you with respect to the subject matter of the Customer Agreement and supersedes all prior agreements, negotiations and discussions between the parties relating to the subject matter of the Customer Agreement. You acknowledge that you have not entered into the Customer Agreement in reliance on any statement or representation, whether or not made by us, except in so far as the representation has been incorporated into the Customer Agreement.
15.2 You irrevocably and unconditionally waive any right you may have to claim damages and/or to rescind the Customer Agreement by reason of any misrepresentation (other than a fraudulent misrepresentation) not expressly contained in the Customer Agreement. Any failure or delay in enforcing an obligation or exercising a right, under the Customer Agreement, does not amount to a waiver of that obligation or right. The waiver of a breach of a term of the Customer Agreement does not amount to a waiver of any other term. A waiver of a breach of any of the terms of the Customer Agreement shall not prevent a party from subsequently requiring compliance with the waived obligation.
15.3 No amendment to the Customer Agreement shall be effective unless made in writing and signed by the parties or their duly authorised representatives.
If any provision of the Customer Agreement is declared invalid or unenforceable by any court or authority of competent jurisdiction:
(a) all other provisions of the Customer Agreement shall remain in full force and effect and shall not in any way be impaired; and
(b) the parties shall meet and agree to a replacement provision which is as close as is legally permissible to the provision found invalid, or unenforceable.
- Force Majeure
17.1 No party shall be liable to any other party for its inability to perform any obligations under the Customer Agreement caused by a Force Majeure Event.
17.2 If a Force Majeure Event occurs, then the party affected shall immediately notify the other parties of the nature and likely duration of the Force Majeure Event and take all reasonable steps to reduce its effect.
17.3 If the Force Majeure Event continues for a period of thirty (30) days or more either party may terminate the Customer Agreement provided such Force Majeure Event is continuing at the date of termination.
17.4 Unless the Customer Agreement is terminated under clause 17.3, the party affected by the Force Majeure Event shall notify the other party as soon as its performance of its obligations under the Customer Agreement is no longer prevented.
- Personal Data
- Rights of Third Parties
Any person (other than the rights holder, the Venue Operator or any authorised person) not party to these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999.
- Age Policy
Children under 5 years of age are not permitted into the Hospitality Areas.
- Governing law and jurisdiction
The Customer Agreement shall be governed by and interpreted in accordance with the laws of England and Wales. The parties hereby submit to the non-exclusive jurisdiction of the English courts.
APPENDIX ONE – DEFINITIONS
In these Terms, the words and expressions set out below shall, unless the context otherwise requires, have the following meanings:
Event means the event for which for which STH has been appointed as sales agent and to which the Hospitality Package relates;
Event Documents means some or all of the following: (a) presentation wallet; (b) itinerary; (c) Venue location map; (d) security pass; and (e) car park pass(where applicable);
Force Majeure Event means any event or circumstances beyond the reasonable control of a party (including, without limitation, industrial or civil disputes war, governmental action, riot, fire, flood, drought, other natural disaster or act of God, riot, crowd disorder, civil commotion, military operations, explosion, structural damage, terrorism (including the threat of terrorism) and epidemics), legislation, regulation, ruling or omission, shortage of power supplies, strike, lock-out, boycotts or other industrial action of the affected party of their sub-contractors, delay, interruption, rescheduling, postponement or cancellation of the Event;
Guest means any guest of the Customer benefiting from a Hospitality Package sold to the Customer and holding a Ticket contained therein;
Hospitality Area means all areas for which Hospitality Packages are provided, including (without limitation):
(a) in respect of those Hospitality Packages where the hospitality element of the package is located within the Venue, that area containing a defined number of seats and the function space used in connection with those seats; and
(b) in respect of those Hospitality Packages where the hospitality element of the package is located outside the Venue (for example, in temporary structures or existing facilities such as (without limitation) sports halls, restaurants, hotels or reception areas), those areas to which access is limited and controlled for the benefit of customers that have purchased Hospitality Packages for the Event;
Hospitality Package means a hospitality package sold by STH to a Customer which may include a Ticket to the Event and may include catering at the Event within the Hospitality Area;
Insolvency Event occurs when:
(a) a party becomes insolvent or is unable to pay its debts as they fall due;
(b) an order is made or resolution passed or purported to be passed for liquidation of a party, or a liquidator, a receiver, statutory manager, or similar official, is otherwise appointed to that party;
(c) a party suspends or threatens to suspend payment of its debts
(d) a party ceases to trade or carry on the whole or substantial part of its business;
(e) any security is enforced against the whole or a material part of a party’s assets or undertaking; or
(f) any other insolvency event or proceeding analogous to any of the foregoing occurring in relation to a party in any foreign jurisdiction.
Order means an order which the Customer places with STH detailing the Hospitality Package(s) it wishes to buy from STH.
Package Fee means the price of the relevant Hospitality Package paid or payable by the Customer to STH, which is exclusive of taxes and duties imposed or levied in connection with the supply of the Hospitality Packages (including, but not limited to, VAT) as detailed on the Website at the time of order or otherwise notified by STH in writing;
Prohibited Materials means:
(a) banners or other signs bearing (in the opinion of STH or the Venue Operator) commercial, offensive or provocative messages;
(b) promotional and commercial objects and materials of whatever nature (including, but not limited to, documents, leaflets, badges, signs, symbols and banners, uniforms and clothing);
(c) any promotional or commercial items of whatever nature that incorporate the logos, branding, get-up of or slogans associated with the Customer or any of its Guests; and
(d) any other objects or materials identified as such by the Venue Operator that may affect the reputation of STH, the rights holder, the Event or the Event’s official sponsors;
Tickets means tickets for the Event;
Ticket Terms and Conditions means the terms and conditions stipulated on the Event website or the Ticket purchased by the Customer as part of the Hospitality Package, as determined by the relevant rights holder of the Event;
Website means STH’s website at www.sthlive.com;
Venues means the location at which the Event is taking place;
Venue Operator means:
(a) the owner and/or operator of a Venue or Hospitality Area and their personnel;
(b) stewards or other officials at a Venue or Hospitality Area; and
(c) police officers or other law enforcement or security officials at a Venue or Hospitality Area.