SCHEDULE 1 – HOSPITALITY TERMS & CONDITIONS
1. DEFINITIONS
The following definitions apply in this Agreement:
Agreement means this agreement consisting of the Booking Form, these Terms and Conditions, our Ticket Terms and Conditions and (if relevant) the Box Hire Terms.
Booking Form means the booking form set out above or, if you have purchased your Package online, your order confirmation email.
Box Hire Terms mean the box hire terms set out in Appendix 1 below.
Business means a person acting for purposes relating to that person's trade, business, craft of profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.
Consumer means an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession.
Event means the Match, Matches or other event(s) for which you have booked the Package as specified in the Booking Form.
Events Beyond Our Control means any cause beyond our reasonable control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, communicable disease, pandemic, public health emergency, acts or regulations of national or local governments.
Guest means any individual invited by you or accompanying you as part of the Package.
Match means a home rugby match of the Northampton Saints men’s or women’s first or second teams which takes place at the Stadium or any other rugby matches hosted at the Stadium for which Northampton Saints are responsible for ticketing.
Northampton Saints means Northampton Rugby Football Club Limited, a company registered in England and Wales under company number 03139409 whose registered office is at Franklins Gardens, Weedon Road, Northampton, Northamptonshire, NN5 5BG and ("us", "we", "our" shall be construed accordingly).
Official Caterer means Compass Group or such other caterers appointed by us from time to time.
Package means the hospitality package and/or box hire purchased by you as specified in the Booking Form, further details of which may be set out on our Website and/or in the Package literature.
Season means a rugby season, typically running from 1 September to 31 May the following year.
Season Package means a Package for all remaining Matches of Northampton Saints in the relevant Season as specified on the Website.
Single Package means a Package for a single Match or event.
Stadium means Franklin’s Gardens Rugby Stadium, located at Weedon Rd, Northampton NN5 5BG, or such other stadium in which a Match is played.
Ticket Terms & Conditions means the terms governing any purchase of tickets for Matches.
Website means www.northamptonsaints.co.uk.
You means the purchaser of the Package and “your” shall be construed accordingly.
2. THE AGREEMENT
a) This Agreement shall be deemed to be made between you and Northampton Saints when you have signed the Booking Form above (or if purchasing online, submitted your order) and either (i) we have confirmed acceptance by email or, (ii) if we require payment up front, upon our acceptance of your payment. These Terms and Conditions incorporate any special terms and conditions which may be displayed on our Website with respect to a particular Package. Furthermore, any Event, which includes an entrance to a Match is subject to our Ticket Terms & Conditions.
b) You shall be responsible for ensuring that any Guests on whose behalf you are booking and/or attend an Event are aware of our Ticket Terms & Conditions and you shall ensure that they act in compliance with such terms. Any changes to the terms of this Agreement must be agreed in writing by us.
3. PAYMENT
a) 100% of the price stated in the Booking Form, together with any VAT, must be paid in accordance with the timings outlined in the ‘Payment Terms’ section of the Booking Form. Payments must be made in cleared funds or cash by the due date. If payment is not made, we reserve the right to cancel your booking without first informing you. Payment for orders placed online will be taken at the point of booking.
b) All prices shown are in pounds sterling. Payment can be made using the following methods: Visa, MasterCard, Delta, Switch. If you pay at the box office, we also accept cash and cheques. If you are purchasing a Season Package we may accept payment in instalments. If you are not up-to-date with your payments, we may invalidate or suspend your Season Package and refuse you entry to the Stadium.
c) Except where we offer, at our absolute discretion, an exchange or refund or resale, once you have signed the Booking Form (or if purchasing online, submitted your order) you are obliged to pay the total price and are not entitled to a refund other than as set out in clause 6 (Cancellation Policy) and clause 9 (Event Inclusions).
d) The resale of Packages (or any part of them, including tickets) is prohibited unless we have given our prior written authorisation.
4. YOUR LIABILITY TO PAY THE TOTAL PRICE
If you fail to pay the total price in full by the due date as set out in the Booking Form, without prejudice to any other right or remedy available to us, we shall be entitled to suspend provision of the Package (and if applicable, any further Packages to you) and/or terminate this Agreement and you shall be liable to us for the total price in full and, save where otherwise agreed in writing by us, you shall not be entitled to a refund of any amounts already paid.
5. LATE PAYMENT
a) If you fail to make a payment due to us under this Agreement by the due date, then, without prejudice to any other right or remedy available to us, you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment.
b) Interest under this clause will accrue each day at 3% a year above the Bank of England's base rate from time to time.
c) We also reserve the right to explore any or all available options to recover funds.
d) We can terminate this Agreement in line with clause 27 (Termination).
6. CANCELLATION POLICY
a) You change your mind
If you are no longer able to attend the Event, then unfortunately no refunds will be made.
b) An Event is rescheduled or moved
If we have to reschedule an Event to another date or time, your Package will be valid for the rescheduled Event. If an Event is moved to alternative location, we shall, wherever feasible and subject to availability of hospitality of a like nature, provide you with hospitality as near as possible to your Package at the new location. If you are unable to attend the rescheduled Event or we are unable to offer a similar hospitality package at an alternative venue, if you have purchased a Single Package, alternative event/s will be offered in the first instance, otherwise we will provide a full refund for the cost of the Single Package in respect of the affected Event.If you are unable to attend the rescheduled Event and you have purchased a Season Package, we are unable to offer a pro rata refund. If an Event is moved to alternative location and we are unable to offer a similar hospitality package, alternative event/s will be offered in the first instance, otherwise you will be offered a pro rata refund.
c) An Event is cancelled
If you have purchased a Single Package, we will provide a full refund of the cost of the Single Package in respect of the affected Event. If you have purchased a Season Package, such refund shall be calculated on a pro-rata basis.
d) Reduction in your group number
If your Package is for a number of Guests, a reduction in the number of Guests in your party attending the Event will not result in any refunds.
e) Your Box is unavailable
If your Package includes hire of a Box, and that Box for whatever reason, is not available for use, then we will use reasonable endeavours to find a suitable alternative Box. If no alternative Box is available, then we will provide a full refund for the cost of the Box hire only. We will not provide a refund for the cost of the Package or any arranged catering.
7. DATE/TIME CHANGE OF AN EVENT
a) It is your responsibility to ascertain the correct date and time of the Event. If for any reason the date and/or time of an Event is materially altered after a Single Package has been purchased (or if you have purchased a Season Package, after the time and date of the relevant Event has been announced), we will use our reasonable endeavours to make this information available as soon as any changes have been made. Please review the relevant Ticket Terms & Conditions for further details.
b) If you have purchased a Season Package, you acknowledge that the dates and times of Matches may not have been released at the date of purchase and if you or any Guests are not able to attend any Matches due to the date they are scheduled on for any reason, you shall have no right to a refund.
8. INSURANCE
It is your responsibility to adequately insure yourself against postponement or cancellation, for whatever reason, of the Event(s).
9. EVENT INCLUSIONS
We will use our reasonable endeavours to provide the advertised Package in the advertised form, including, but not limited to, timing, date and other Package elements and arrangements stated on our Website and/or in relevant Package literature. However, we reserve the right to alter or omit or amend any part of the Package (and where necessary, the location for the Event), where it is reasonable in all the circumstances to do so and where practical will notify you of the change. If you are a Consumer, and you are not happy with any such alteration please contact us and, we will in our sole discretion, determine whether to provide you with a full or partial refund.
10. YOUR REQUESTS TO ALTER THE PACKAGE
We will try to accommodate any reasonably requested changes of the Package (for example, a request to increase a three-course lunch to a four-course lunch). If you request additional extras we will let you know the price of such extras and these will be charged in addition to the price stated in the Booking Form. Any reduction in the Package will not result in any refund to you.
11. WHAT'S NOT INCLUDED IN THE PACKAGE
Unless otherwise specified in the Package literature, all transportation arrangements to and from the Events are not included in the Package, nor is any accommodation. Please refer to the sales literature for each Event for further details on what is included in a particular Package.
12. PAYMENT FOR EXTRAS
Payment for extras requested in addition to the Package shall be payable immediately when you place the order. Alternatively, we may, if relevant and in our discretion, agree that such extras will be added to your invoice.
13. TICKETS
a) If you have purchased a Single Package, you will be sent a hospitality pack. This contains tickets, menus, itineraries etc.
b) If you have purchased a Season Package, you will ordinarily receive your tickets at the beginning of the Season in the form of a Season card and we will email you of any menus/itineraries.
c) In the event of a ticket for entry into the hospitality areas being lost, damaged or misplaced by you or your Guests, we are under no obligation to provide a duplicate ticket. We shall not be obliged to admit you or any of your Guests who forget their tickets to the Event nor shall we be obliged to issue any other form of ticket for the Event unless you can provide adequate alternative evidence of identification and purchase to us. If you need a replacement Match ticket, please see the Ticket Terms & Conditions.
d) Delivery of Match tickets to you
- Single Match Tickets
We shall endeavour to send you your tickets out 3-4 weeks before the Event. However, if you prefer, (on request) you can collect the tickets (once hospitality has opened on the day) from the Barwell Stand Reception at the Stadium.
- Season Tickets
Seasonal tickets/cards will be sent out to you, by post before the beginning of the Season (or promptly upon purchase if purchase after the commencement of a Season).
14. ERRORS
We reserve the right to correct any clerical or typographical errors made on our Website, in Package literature or elsewhere in connection with the Package at any time.
15. OUR LIMIT OF LIABILITY TO YOU
a) We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
b) If you are a Consumer:
We shall be responsible for loss or damage you or your Guests suffer that is a foreseeable result of our breaching these Terms and Condition or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or business-related. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time this Agreement was made, both we and you (or your Guest) knew it might happen.
c) If you are a Business:
We shall not be liable to you or your Guests, whether in contract, tort (including negligence) or otherwise, by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or any express terms of this Agreement, for any (i) loss of profit; or (ii) any indirect, special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with your Package. Subject to clause 16(a) above our entire liability under or in connection with this Agreement shall not exceed the total price paid for the relevant Package.
16. INDEMNITY
If you are a Business:
You shall indemnify us in full against all claims, costs, damages, liabilities, expenses (including but not limited to legal expenses) demands and judgements awarded against or incurred or paid by us as a result of or in connection with any and all acts or omissions by you, your Guests, your employees, your agents or your subcontractors including but not limited to acts or omissions at the Event and damage caused to the venue by you or your Guests.
17. FORCES OUTSIDE OUR CONTROL
a) We are not liable for any failure to perform any obligation under these Terms and Conditions or otherwise, to the extent that the failure is caused by an Event Outside Our Control.
b) In the event we are prevented or delayed at any time from providing the Package or any element of it, or from performing any of our obligations hereunder due to an Event Outside Our Control, then such failure or delay shall not be deemed to constitute a breach of the terms of this Agreement but performance of such obligations shall be suspended during the continued existence of such act, event, accident or happening as aforesaid.
c) If you are a Consumer, this clause shall not affect the terms of clause 6 and, where applicable, your rights following cancellation or rescheduling of an Event.
18. HEALTH AND SAFETY
You must comply and must ensure that your Guests comply, with all relevant statutes, safety announcements and venue regulations (including the Ground Regulations) whilst attending the Event. We reserve the right to remove from the Event or Box anyone that does not comply with all relevant statutes, safety announcements and venue regulations.
19. USE, CLEANING, MAINTENANCE & DAMAGE
a) We retain control, possession and management of any reserved areas (including any Box) and you do not have the right to exclude us or our representative(s) from any reserved area.
b) Our representative(s) may enter any reserved areas you have hired (including any Box) at any time during the specified times of use. They may also interrupt or terminate use of the reserved area at any time if they reasonably believe: that the contents of the reserved area, structure of the Stadium or safety of people is likely to be at risk; or you or any Guest is in breach of this Agreement, the Ground Regulations and/or Ticket Terms & Conditions.
c) We are responsible for reasonable cleaning and maintenance of the reserved area. You agree that we have the right to charge you for any damage caused by you or your Guests resulting from your or your Guests acts or omissions, other than ordinary wear and tear.
20. ENTIRE AGREEMENT
a) If you are a Consumer:
We intend to rely on these Terms and Conditions, our Ticket Terms & Conditions and, if applicable, the Box Hire Terms. If you require any changes, please make sure you ask for them to be put in writing. This can help avoid any problems about what you expect from us and what we expect from you.
b) If you are a Business:
The Booking Form, these Terms and Conditions, our Ticket Terms & Conditions and, if applicable, the Box Hire Terms set out the entire agreement between you and us. They supersede any prior proposal, assurance, agreement, understanding or arrangement, whether oral or written, between you and us in relation to the specific Package to which they apply. You do not rely on any statement assurance or understanding, which is not contained herein. If there is any ambiguity or conflict between the terms of the documents listed, then the priority shall follow the order in which those documents are listed above in this clause 20.
21. WAIVER AND SEVERABILITY
Should any part of the Agreement for any reason prove ineffective or unenforceable the validity of the remaining terms shall not be affected and shall be enforceable. No delay or omission on our part in exercising any right, power or remedy provided by law in compliance with this Agreement shall impair such right, power / remedy, or operate as a waiver.
22. CATERING
You agree that:
a) all cateringfacilities shall be provided only by us and/or the Official Caterer;
b) you will not use any third party caterers or bring (or permit your Guests to bring) any food or drink (including alcoholic drinks) into the Stadium or Box other than those purchased within the Stadium or provided by us and/or the Official Caterer unless the food/drink is infant food/formula or you/your Guest has a valid medical reason for doing so;
c) any alcohol served will be done so responsibly and in line with current legislation. Service of alcohol may be withdrawn at any time should it be deemed necessary in order to maintain these standards; and
d) any additional catering requested by you and agreed by us or our Official Caterer will be charged as an extra and payable in accordance with clause 12 above.
e) If an Event is cancelled, rescheduled, or your Box is unavailable, you will remain liable to pay for the cost of any additional catering ordered by you for the Event. We will however deduct or refund (as appropriate) the value of any food or drink which could be salvaged and resold or reused.
23. DIETARY REQUIREMENTS:
You must notify us at least three weeks before the Event takes place of any dietary requirements. With less than three weeks' notice, we will endeavour to grant your request, but it is not guaranteed. This may result in a change to the advertised Package. There will be no partial refund for any necessary adjustments required at late notice.
24. DISABILITIES
If you or one of your Guests, has a disability, and may require facilities that you are unsure we are able to provide, please contact us in advance so we can discuss the options.
25. NO PARTNERSHIP, AGENCY OR JOINT VENTURE
If, in making a booking with you, you are making-arrangements on behalf of third parties with our prior written consent, the booking is subject to the condition that you shall not (nor authorise any third party to) unless we provide our prior written consent:
a) make any representation nor give any warranties on our behalf, or in our name nor incur or create any expense chargeable to, nor pledge our credit;
b) associate yourself with us nor use nor allow anyone to use our name, logo or trade marks thereof including without limitation in the promotion or advertisement of any product or service;
c) allow to be done any act or omission which will harm, misuse, bring into disrepute, impair or otherwise adversely affect the rights and interests (including goodwill) in our name, our logo, and/or our trade marks;
d) hold yourself out to any third party as acting with the authority and/or as the agent or partner of ours;
e) represent that any hospitality, catering, ticket, travel, site/facility and/or any other arrangements provided under the booking are made by you or any person or entity other than us; and without limitation you acknowledge that this arrangement shall not constitute an agency, partnership, or joint venture.
26. THIRD PARTIES
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement, this Agreement is not entered into, and does not, give any person who is not a party to it any right to enforce any of its provisions. You hereby undertake to us that you will bring the terms of the Agreement to the attention of any Guest or third party for whom you are booking.
27. TERMINATION
a) We may terminate this Agreement immediately by written notice:
i. In the event of a material breach or significant non-observance or non-performance by you or your Guests of this Agreement the Ground Regulations or our Ticket Terms & Conditions, which is not capable of remedy;
ii. on the failure of you to remedy a material breach, significant non-observance or non-performance of this Agreement, the Ground Regulations or our Ticket Terms & Conditions which is capable of remedy within 14 days of the specific breach; and/or
iii. if you become insolvent or enter liquidation whether compulsory or voluntary or enter into any arrangement or composition for the benefit of your creditors or have any kind of receiver appointed or an administration order made in respect of it.
b) Upon termination of this Agreement, you shall immediately pay to us any outstanding unpaid payments and interest under clause 4 (Your liability to pay the total price) and clause 5 (Late payment) respectively.
c) Termination of this Agreement for whatever reason shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of completion or cancellation, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination.
d) For the purposes of this clause 27, a material breach includes, but is not limited to, the following:
i. smoking, or using e-cigarettes or vaporises, in the Stadium;
ii. being, or appearing to be, drunk or intoxicated in the Stadium;
iii. aggressive or inappropriate behaviour to our staff (including our contractors) or any member of the public, or otherwise being a persistent nuisance;
iv. using abusive, sexist, racist, homophobic, foul, obscene, or otherwise discriminatory, language (whether verbally or in any banner, flag, etc) or gestures;
v. bringing any prohibited items into the Stadium;
vi. entering the playing area without our express prior permission.
28. JURISDICTION
The terms of this Agreement are governed by and interpreted in accordance with the laws of England. Both parties irrevocably submit to the jurisdiction of the English courts. If you are a Consumer, you may elect to bring legal proceedings in your local court.
29. COMPLAINT HANDLING POLICY
If you are unhappy about any part of our service to you, please bring this to our attention immediately and we shall try and address the issue at the time. Alternatively, please contact us in writing, via sales@northamptonsaints.co.uk.
Appendix 1 – Box Hire Terms
1 APPLICATION
1.1 These Box Hire Terms apply if the hospitality you have purchased includes Box Hire.
1.2 Any capitalised terms used in these Box Hire Terms shall have the meanings set forth in the Booking Form and the Terms and Conditions.
2 USE THE BOX
2.1 You and your Guests shall (subject to the maximum occupancy set out in the Booking Form) have exclusive use of the Box for the Events you have hired it for, unless you have agreed to a Box sharing arrangement in which case you agree to share the Box with the other occupants.
2.2 You acknowledge that:
a) you have the right to use the Box as a licensee only and no relationship of a landlord and tenant is created between us and you; and
b) we retain control, possession and management of the Box and you have no right to exclude us from the Box. We reserve the right to enter the Box at all times and for any reason during the period you have hired it for.
2.3 You may use the allocated Box from 3 hours before the start of the Event until 2 hours after the end of the Event.
2.4 If you have purchased a Season Package for your Box we may, by prior arrangement with you, also permit you to use the Box during normal business hours of the Stadium for such other purposes as may be agreed with us in writing. We may charge an additional fee for such additional usage to cover our costs in setting up the Box and cleaning it afterwards. Such charges will be payable as an extra in accordance with clause 12 of the Terms and Conditions.
2.5 If you do not require the Box for an Event or do not use it at full capacity, you will not be entitled to a refund and we may use your unoccupied Box for our own purposes. Please inform us in advance if you do not require the Box for an Event.
2.6 You agree to use the Box at all times in a proper, lawful and considerate manner so as not to cause nuisance annoyance or inconvenience to us or to any other person and we reserve the right to remove any person in breach.
3 YOUR USE OF EQUIPMENT IN THE BOX
3.1 Use of the Box includes the use of all furnishings and equipment contained in it and that are necessary for its full enjoyment. All furnishings and equipment in the Box will at all times remain our property and you shall keep them in the same good condition (subject to reasonable wear and tear).
3.2 After use you shall leave the Box in good condition. If the Box or any furnishing or equipment contained in it has suffered damage beyond reasonable wear and tear while in your occupation, or if the Box is returned excessively soiled, we may charge you for reinstating the Box back to the condition in which it was prior to your occupancy.
3.3 You agree not to display any advertisement, signboards, flag, banner, placard, poster, signs or notices in the Box without our prior written consent.
3.4 If you have hired your Box as a Season Package, please let us know if you wish to add pictures, decorations or the installation of additional equipment or furniture in the Box. Such measures (i) must be approved by us in writing in advance, (ii) are subject to any conditions that we may impose, and (iii) may only be performed by our staff. If approved, any such pictures, decorations or additional equipment or furniture you leave in the box is left in the box at your own risk. At the end of the period for which the Box has been hired, we will remove such items from the Box and you agree to collect them within 7 days after notification from us that they are ready for collection. For larger installations we may have to charge you for installation and removal. We will tell you about such charges when we approve your request. Such charges will be payable as an extra in accordance with clause 12 of the Terms and Conditions.
3.5 You agree not to alter, move or interfere with any, equipment, fixtures, fittings, lighting, heating, power, cabling or other electrical fittings or appliances in the Box, or install or use additional heating, power, cabling or other electronic fittings or appliances.
4 OTHER EVENTS
4.1 We may from time to time arrange and play club matches and host club events at the Stadium other than those for which you have hired the Box as set out in the Booking Form. Those club matches and events are not included in the charge set out on the Booking Form, but if you have hired your Box as a Season Package we will grant you a first option to use the Box on such occasion at an additional charge.
4.2 From time to time, we may host matches on behalf of the Rugby Football Union and other rugby authorities in which our team does not itself take part. We may also host third party non-rugby events. We have no rights over the Box in such circumstances, but if you have hired your Box as a Season Package and express an interest in using the Box for such events, we will enquire of the relevant rights holder whether and on what terms the Box may be used by you and inform you of the position as soon as is reasonably practicable.
5 SUBLETTING AND RESELLING
5.1 You may not:
5.1.1 sub-let or allow any other party to use the whole or any part of the Box for payment or other compensation;
5.1.2 resell any tickets provided with the Box; or
5.1.3 assign this Agreement or any rights or obligations under it,
without our prior written consent which we may withhold at our sole discretion.
5.2 If we allow you to sub-let the Box, you will remain liable for payment to us for all costs relating to the Box including without limitation any food or drink provided to or damage arising from the use of the Box by the person to whom you sub-let.