Terms and Conditions
TERMS & CONDITIONS RELATING TO HOSPITALITY BOOKINGS
The following are the Terms and Conditions on which Gloucester Rugby Limited (“Club”) agree to provide venue and hospitality facilities to customers (“Client”).
Tickets are issued subject to the Gloucester Rugby Ground Regulations and Ticketing Policy. By booking and paying for a Hospitality Package the Client is acknowledging that it has carefully read, understood and agrees to be bound by these Regulations and Policy.
A copy of the Ground Regulations and Ticketing Policy can be found by visiting the Gloucester Rugby website at www.gloucesterrugby.co.uk.
1 Definitions
1.1 "Agreement" means these Terms and Conditions and the Booking Form.
1.2 "Booking Form" means any form or correspondence setting out the Client's booking details incorporating these Terms and Conditions.
1.3 "Fee" means the fee for the Room and the Package.
1.4 "Match" means Club matches or matches promoted by the Club during which the Package will be provided to the Client.
1.5 "Hire Period(s)" means the period(s) during which the Room will be made available to the Client for the Matches, whether for a single period of a Match or for one or more Seasons.
1.6 "Package" means the hospitality package booked by the Client.
1.7 "Room" means the room provided to the Client at the Stadium for use at the Matches.
2 The Club’s Obligations
2.1 In consideration of payment of the Fee, the Club shall during the Hire Period:
2.1.1 make the Room available for use by the Client and its guests;
2.1.2 provide the goods and services specified in the Package;
2.1.3 provide such furniture, furnishings, fixtures and equipment in the Room as may be reasonably required for the use of the Room. Such items shall remain the property of the Club at all times;
2.1.4 clean and maintain the Room to a reasonable standard;
2.1.5 take all reasonable precautions for the security of the Room. The Club shall not however be in any way responsible for the loss of or damage to the property of the Client or its guests;
2.1.6 make available for purchase by the Client and its guests the items for sale specified in the Booking Form, to be paid for separately by the Client and/or its guests;
2.1.7 supply alcoholic drinks in the Room subject to the relevant licensing laws and any conditions imposed on the Club by any relevant authority;
2.1.8 provide all essential services and facilities to the Client and its guests.
2.2 The Club shall perform its obligations under this Agreement with reasonable care and skill and in accordance with all applicable laws, regulations and requirements of local authorities and landlords.
3 The Client’s Obligations
3.1 The Client shall and shall procure that its Guests:
3.1.1 use the Room only during the Hire Period;
3.1.2 use the Room, match seat and Club premises in a proper and lawful manner and not so as to cause nuisance or inconvenience to the Club or any other person; use of match seat shall also be in accordance with the Gloucester Rugby Ticketing Policy (www.tickets.gloucesterrugby.co.uk)
3.1.3 keep the Room together with furniture, furnishings, fixtures and equipment supplied by the Club in good repair and condition (fair wear and tear excepted) and make good any damage or loss caused in the course of the use of Room as soon as reasonably practicable;
3.1.4 do not cause or permit the capacity of the Room as specified in the Booking Form to be exceeded;
3.1.5 do not bring any food or beverages into the Room for consumption other than those supplied by the Club;
3.1.6 do not display any posters or materials in the Room without the Club's prior written consent;
3.1.7 remove all personal belongings from the Room at the end of the Hire Period;
3.1.8 comply with the Ground Regulations and all applicable laws relating to the consumption of alcohol in rugby grounds and the terms of the Club's alcohol licence as notified to the Client from time to time;
3.1.9 comply with the special terms and conditions specified in the Booking Form;
3.1.10 comply with all reasonable directions given by the Club as to the use of the Room and the Club's premises;
3.1.11 behave in a responsible manner and comply with any Club rules and policies notified to the Client from time to time;
3.1.12 comply with the dress code notified to the Client from time to time.
3.2 The Club reserves the right to refuse entry to or require the removal of any person who it considers is in breach of or in its reasonable opinion is likely to breach the terms of clause 3.1.
3.3 The Client shall not in any circumstances resell the Package or any of the goods and services specified in it to any third party except with the Club’s prior written consent.
4 Variations
4.1 The Club reserves the right to vary the Package from time to time on giving such notice to the Client as is reasonably practicable in the circumstances. Where a variation is made, the Club shall use its reasonable endeavours to ensure that the alternative package provided is of a superior or equivalent standard to the Package.
4.2 If the Room is unavailable for any reason during the Hire Period, the Club reserve the right to relocate the Client to an alternative room on giving such notice to the Client as is reasonably practicable in the circumstances. Where the Client is relocated to another room, the Club shall use its reasonable endeavours to ensure that the replacement room is of a superior or equivalent size and standard to the Room.
5. Cancellations & Refunds
5.1 The dates and times of Matches are subject to change from time to time for reasons beyond our control (including television scheduling, cup competitions or postponement due to adverse weather conditions.) Where any match is rescheduled, abandoned or postponed prior to half time we shall not have any liability to the Client or your guests except that you shall be entitled to attend the re-arranged match. If you are unable to attend any such re-arranged match your booking will be cancelled and you will be liable for payment of the cancellation charges set out in 5.4. Where any match is rescheduled, abandoned or postponed during or after half time we shall not have any liability to the Client or your guests whatsoever.
5.2 If a Match is cancelled by the Club (and is not rescheduled, abandoned or postponed in which case the provisions set out in Clause 5.1 shall apply), the Club will refund to the Client any Deposit or other amounts paid by the Client but the Club shall otherwise have no further liability to the Client in relation to the cancellation of the Match.
5.3 Subject to clause 5.4, the Client may cancel their booking at any time provided that the cancellation is made in writing (which includes email). Cancellations made after any balances (including the Deposit) have been paid will result of forfeiture of all monies paid or due at that time.
5.4 If the Client cancels their booking for any reason within 28 days prior to the date of the Match the Client shall be liable to pay to the Club a late cancellation charge calculated in accordance with the table below:
6 Limitation of Liability
6.1 The Client shall indemnify the Club in respect of any claims, liabilities, damages, costs, expenses or losses incurred by the Club arising from or in connection with the use by the Client and its guests of the Room and the Club's premises other than in accordance with the terms of the Agreement.
6.2 Nothing in the Agreement shall operate to exclude or limit the Club's liability for death or personal injury caused by the negligence of the Club, its servants, agents, employees or sub-contractors or for fraudulent misrepresentation.
6.3 Subject to Clause 6.2:-
Date of Cancellation Late Cancellation Charge
Between 14 and 28 days prior to the Match 50% of the Payment
Less than 14 days prior to the Match 100% of the Payment
6.3.1 The Club's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the Fee; and
6.3.2 The Club shall not be liable to the Client for any special, indirect or consequential loss or damage or for loss of profit, loss of business, loss of enjoyment, loss of anticipated savings or depletion of goodwill which arise out of or in connection with the Agreement.
7 Term and Termination
7.1 The Agreement shall commence on the date of signature of the Booking Form by the Client and subject to clause 7.2, shall continue until the end of the Term and shall not be capable of cancellation or early termination except as provided in this clause 7.
7.2 Either party shall be entitled to terminate the Agreement with immediate effect on written notice to the other party if:
7.2.1 the other party commits a material breach of any term of the Agreement and in the case of a breach capable of remedy fails to remedy the same within 14 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;
7.2.2 an encumbrancer takes possession or a receiver is appointed over any of the property or assets of the other party;
7.2.3 the other party makes any voluntary arrangement with its creditors or becomes subject to an administration order;
7.2.4 the other party goes into liquidation (except for the purposes of amalgamation or reconstruction and in such manner that the company resulting therefrom effectively agrees to be bound by or assume the obligations imposed on that other party under the Agreement);
7.2.5 anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other party;
7.2.6 the other party ceases or threatens to cease to carry on business;
7.2.7 the other party is declared bankrupt or makes any arrangement with or for the benefit of his creditors.
7.3 Termination of this Agreement, however caused, shall be without prejudice to any rights or liabilities accrued at the date of termination.
7.4 If this Agreement is terminated by the Club in accordance with clause 7.2, there shall be no liability on the part of the Club to refund any proportion of any Fee paid by the Client.
8 Fee
8.1 The Fee shall be paid by credit or debit card or on invoice by the Club. Amex and Diners cards are not accepted.
8.2 Where the Client chooses to pay by credit or debit card, the Client's card will be debited by the Club as soon as reasonably practicable after receipt of the signed Booking Form and a receipted invoice will be sent to the Client.
8.3 Where the Client chooses to pay on invoice, the Club shall invoice the Client for the Fee on receipt of the signed Booking Form. The Client shall pay the Fee within 14 days of receipt of the Club's invoice. If the Fee is not paid to the Club before the date of the match, entry to the stadium will be refused.
8.4 If the Client fails to pay the Fee to the Club by the due date for payment, the Club may charge the Client interest on the overdue amount at the rate of 4% per annum above HSBC Bank Plc's base lending rate from time to time. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Client shall pay the interest immediately on demand by the Club.
8.5 Without prejudice to clause 8.4, where the Fee is not paid by the due date for payment, the Club reserve the right to refuse the Client use of the Room until the Fee has been paid.
8.6 The Room is provided on a “take or pay” basis, such that if the Client does not use the Room for the Hire Period or Hire Periods as determined in the Booking Form when available, no refunds shall be due from the Club and in the event of early termination of this Agreement (save for cause by the Client in accordance with clause 7.2), the Client shall be liable to pay in full all Fees due in respect of the package for the Hire Period and for every Hire Periods if more than one as set out in the Booking Form.
9 General
9.1 The Client may not without the prior written consent of the Club assign, sub-contract, delegate or dispose of any of its rights or obligations under the Agreement.
9.2 Neither party shall be deemed to be in breach of the Agreement or otherwise be liable to the other by reason of any delay in performance or non-performance of any of its obligations under the Agreement to the extent that such delay or non-performance is due to any cause or event outside that party's reasonable control.
9.3 Any waiver by either party of a breach of any provision of the Agreement shall not be considered as a waiver of any subsequent breach of the same or any other provision thereof.
9.4 The Agreement contains the entire agreement between the parties with respect to the subject matter thereof and supersedes all previous agreements and understandings between the parties with respect thereto and may not be modified except by an instrument in writing signed by the duly authorised representatives of the parties.
9.5 Each party acknowledges that in entering into the Agreement it does not do so on the basis of and does not rely on any representation warranty or other provision except as expressly provided therein and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
9.6 If any provision of the Agreement is held by any court or other competent authority to be void or unenforceable in whole or in part the Agreement shall continue to be valid as to the other provisions and the remainder of the affected provisions.
9.7 No term of the Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
9.8 Where there is any inconsistency between these Terms and Conditions and the Booking Form, the provisions of the Booking Form will prevail. The Club reserves the right to vary these Terms and Conditions from time to time.
9.9 Any notice or other information required or permitted to be given by either party under the Agreement shall be deemed to have been validly given if served personally upon that party or if sent by first class pre-paid post to the last known address of that party. If sent by first class pre paid post the notice shall be deemed to have been received 2 working days after the date of posting.
9.10 The Agreement shall be governed by and construed in all respects in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English courts.
10. Personal Data
10.1 The Clients acknowledges that in booking hospitality you may provide the Club with certain personal details about yourself ("Personal Data"). All Personal Data collected by the Club using the booking process or otherwise in connection with booking hospitality will only be held and used with care and in accordance any applicable legislation and in accordance with the Club's privacy policy, which can be found at the following link GDPR-Privacy-Policy-Gloucester-Rugby-21-May-2018.