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Season Ticket Conditions of Issue
- Issue of season ticket
- The issue of a Season Ticket and subsequent access to the Ground is subject to the Terms & Conditions of Entry (which can be found on – or accessed via – the Club’s website at www.theposh.com or can be provided upon written request to the Club).
- Season Tickets are for the use of supporters of the Club only. By applying for a Season Ticket and/or using the same you hereby warrant and represent that you are a supporter of the Club.
- Admission to the ground
- Use of a Season Ticket constitutes acceptance of the Terms & Conditions of Entry.
- A Season Ticket permits you to occupy at the Match the seat indicated by the Season Ticket or such other alternative seat of equivalent value as the Club may, from time to time, allocate to you at its reasonable discretion.
- Nothing in these Conditions of Issue shall constitute or imply any entitlement to occupy the seat indicated on the Season Ticket in any subsequent season. This does not include cup competitions, pre-season friendlies or Football League Play-offs.
- Save as set out in clause 2.5 below, you shall not bring into (or use within) the Ground any equipment that is capable of recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data in relation to the Match or any aspect of it. Any person acting in breach of this provision may have such equipment confiscated and/or will be required to deliver up any tapes, films, disks or other recordings or data to the FL and/or the Club and the copyright in any such recording or transmission is hereby assigned (by way of present assignment of future copyright pursuant to section 91 of the Copyright, Designs and Patents Act 1988) to the FL.
- Mobile telephones are permitted within the Ground, provided that they are used for personal and private use only.
- Save for official Club merchandise and/or other football-related clothing worn in good faith, you shall not bring into, use or display within the Ground any sponsorship, promotional or marketing materials.
- You shall not offer or distribute (either free or for sale by any person) within the Ground 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 clause 2.6 above 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.
- The Club reserves the right to refuse admission to, or eject from, the Ground any person who fails to comply with the Terms & Conditions of Entry.
- Without prejudice to the representation at clause 1.2, above, and in light of the Season Ticket holders being grouped together in designated areas, any attempt to gain access to the Ground wearing or carrying apparel (including, without limitation, hats and/or scarves) that demonstrate support for the Away Club, may result in admission being refused or you being ejected from the Ground and in such circumstances no refund or alternative seat will be offered.
- The Club reserves the right to refuse admission to, or eject from, the Ground any person who promotes or displays any item that could be deemed to be offensive or behaves in a manner that could be deemed to be offensive.
- Use of season ticket
- Subject to clause 3.2, below, Season Tickets are issued for your sole use and you shall not sell, assign or transfer or lend the Season Ticket or the benefit of it to any other person without the prior written consent of the Club. The reference to selling the Season Ticket includes offering to sell a Season Ticket (including, without limitation, via an online auction website), exposing a Season Ticket for sale, making a Season Ticket available for sale by another and advertising that a Season Ticket is available for purchase. For the avoidance of doubt (and by way of example only) this Season Ticket may not be offered as a prize in any promotion or competition; transferred, lent or sold to any third party as part of a hospitality or travel package; given to a third party who agrees to buy some other goods or services; or used for any other commercial purpose, (all save as expressly authorised by the FL or the Club).
- You may only sell or transfer the Season Ticket to a Guest with the express written consent of the Club given at the Club’s absolute discretion. No such sale or transfer will be permitted except where the same takes place in respect of an individual match and in consideration of no payment or benefit in excess of the face value of a ticket to that Match and such transfer does not take place during the course of any business or for the purpose of facilitating any third party’s business. Such resale or transfer to any Guest is hereby provided be subject to the Terms and Conditions of Entry which will (save for any rights to transfer under this clause) apply to that Guest as if he/she was the original purchaser of the Season Ticket (and you must inform the Guest of this).
- The unauthorised sale or disposal of a Season Ticket may amount to 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 a Season Ticket has been sold illegally and will press for charges to be brought against those breaking this law. If you are convicted of a ticket touting offence, or we reasonably suspect you have committed such an offence, we will notify the FL who may in turn notify other professional clubs and/or the relevant law enforcement authorities. The information that we share may include your personal details, information about the offence and about ticket purchases (including payment details). We will use this to identify and prevent ticket touting offences and disorder at matches.
- The Season Ticket 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 the Season Ticket at any time.
- Any Season Ticket obtained or used in breach of the Terms & Conditions of Entry shall be automatically void and all rights conferred or evidenced by such Season Ticket shall be nullified. Misuse of a Season Ticket 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 this Season Ticket. In the event of any cancellation and withdrawal in accordance with this clause 3.5, no refund shall be payable to the holder in respect of any unexpired portion of the Season Ticket. The Club further reserves its right to take any legal or disciplinary action against any person(s) as it sees fit in connection with such matters, including a claim for an account of any profits made from an unauthorised use of the Season Ticket.
- Season tickets can only be relocated or upgraded three times in one season. Any more than this and the club has the right to permanently move your season ticket and charge the difference in season ticket price for the relocated area.
- Changes to dates, refunds & exchanges
- No guarantees can be given by the Club that a Match will take place at a particular time or on a particular date. The Club reserves the right to reschedule any Match without notice and without any liability whatsoever. Your Season Ticket will enable you to attend the re-arranged Match.
- The Club will have no further liability whatsoever, including (but not limited to) any indirect or consequential loss or damage, loss of enjoyment or travel/accommodation costs.
- Refunds on season tickets will only be considered prior to the kick-off time of the first league game of the season. After this time refunds will only be considered in exceptional circumstances.
- Lost or stolen season tickets
- In order to gain admission to the Ground the Season Ticket must be presented in its entirety at every Match in the presence of the turnstile operator/attendant.
- In the event that you forget your Season Ticket in respect of any individual Match, the Club shall not be obliged to admit you or issue any other form of ticket for that Match. If a match day duplicate ticket is issued, the Club may require payment of a non-refundable administration charge.
- If, in the Club’s opinion, a Season Ticket is damaged, lost, stolen or destroyed, a duplicate Season Ticket shall be issued by the Club as soon as reasonably practicable after the payment of a non-refundable administration charge.
- Change of address
- If you change your address during the season you must notify the Club as soon as reasonably practicable.
- Cancellation & withdrawal of season tickets
- Without prejudice to any other remedies it may have, the Club shall have the right in the case of any serious or persistent breach of the Terms & Conditions of Entry to cancel and withdraw your Season Ticket. In the event of such cancellation no refund will be paid in respect of any unexpired portion of the Season Ticket. Without prejudice to the general nature of the above the following actions shall constitute serious breach of the Terms & Conditions of Entry:
- Smoking in designated non-smoking areas;
- Being (or appearing to be) intoxicated;
- Persistent standing in seated areas whilst the Match is in progress;
- The sale or transfer (save as permitted) of a Season Ticket to any person;
- The possession of a banner or flag that bears material or slogans that are offensive, obscene, abusive or racist;
- The supply of any misleading or incorrect information in any application;
- The use of foul, obscene, abusive and/or racist language and/or gestures;
- The throwing of any object within the Ground that may cause injury or damage to people or property without lawful authority or excuse;
- The chanting of anything of an indecent or racist nature;
- failure to follow the instructions of PUFC stewards or any other PUFC safety personnel;
- any misrepresentation in relation to clause 1.2, above;
- breach of the terms of any Membership;
- any breach of clauses 2.4 or 2.5, above; and
- any failure to pay or default of payment in respect of any sums owing to the Club (or any third party) in respect of any Season Ticket.
- In the event that your Season Ticket is withdrawn or cancelled the Club reserves the right to exclude you from any membership scheme maintained or organised by the Club and/or to disqualify you from applying for any Match ticket or season ticket at its discretion.
- Exclusion of liability
- The Club hereby excludes any liability for loss, injury or damage to persons/property in or around the Ground except in respect of death or personal injury resulting from any negligence of the Club.
- Neither the FL nor the Club shall be responsible for any interruptions and/or restrictions to the view of the Match caused by virtue of (i) the position of the seat and/or (ii) the actions of other spectators.
- General
- The invalidity or partial invalidity of any provision of these Conditions of Issue shall not prejudice or affect the remainder of these Conditions of Issue, which shall continue in full force and effect.
- Notwithstanding any other provision in these Conditions of Issue and with the exception of FIFA, UEFA, The FA, the Football League, no other person other than you or the Club has any rights under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of these Conditions of Issue. Nothing in these terms of conditions shall affect any right or remedy of a third party that exists or is available other than as a result of the aforementioned Act.
- These Conditions of Issue shall be governed by and construed in accordance with the laws of England and Wales. The parties hereby submit to the exclusive jurisdiction of the Courts of England and Wales (including in relation to any non-contractual disputes or claims).
- Definitions
“Terms & Conditions of Entry” means each of the rules and regulations of FIFA, UEFA, The Football Association, The Football League (“FL”); the Ground Regulations; and the Conditions of Issue.
“Season Ticket” means any season ticket smartcard (and/or any rights arising out of or in connection with any of the foregoing) for admission to Matches.
“Membership” means any rules and regulations agreed in relation to your participation in the Club’s membership scheme which can be found at www.theposh.com.
“Match” means any football match in which the Club participates and that takes place at the Ground.
“Guest” means a relative, friend, colleague and/or companion to the disabled who would be entitled to purchase a Season Ticket under the Terms & Conditions of Entry.
“Ground Regulations” means those ground regulations issued by the Club from time to time that set out the terms and conditions upon which spectators are granted entry to the Ground.
“Ground” means the football stadium and all other locations owned, occupied or utilised by the Club.
“Conditions of Issue” means these terms and conditions governing the issue and use of a Season Ticket.
“Away Club” means the football club playing against the Club.
In the Conditions of Issue the following words and phrases shall have the following meanings: