Terms Part 1
Sports Travel & Hospitality Group Limited Hospitality Packages Terms and Conditions
These terms and conditions (Terms) together with the Ticket Terms and Conditions, and the Sports Travel & Hospitality Group Limited (STH) Invoice (collectively Customer Agreement) govern the purchase of Hospitality Packages (as defined in Appendix One below) by the Customer. In purchasing a Hospitality Package, the Customer (as defined in Appendix One below) has accepted to be bound by each of the provisions contained in the Customer Agreement. Accordingly, the Customer must ensure that it has read and understood the provisions of the Customer Agreement before purchasing Hospitality Packages.
London2017 has appointed STH to be the “Official Hospitality Provider” and STH shall have the sole and exclusive right to sell hospitality packages for the IAAF World Championships Event, at Queen Elizabeth Olympic Park, London.
The defined terms in relation to these Terms are set out in Appendix One.
2. Orders and Price
2.1 The Customer Agreement shall apply to the purchase of the Hospitality Package by the Customer. For the avoidance of doubt, in purchasing the Hospitality Package, the Customer formally accepts and agrees to be bound by (and comply with) the Tickets Terms and Conditions.
2.2 The Customer purchases from STH and STH shall sell the number and type of Hospitality Package ordered by the Customer and confirmed by STH (such confirmation being subject to availability of the Hospitality Package at the time the order is made by the Customer). The Customer warrants that all details provided to STH are complete and accurate.
2.3 Where a Customer’s order for a Hospitality Package is facilitated by a STH Sales Agent on behalf of a Customer, STH shall confirm such order (subject to availability of the Hospitality Package at the time the order is made by the Customer) with the Customer. For the avoidance of doubt, the Customer’s contract in respect of the Hospitality Package (but not other additional products or services offered by the STH Sales Agent to the Customer) shall be with STH (and not the STH Sales Agent) and the Customer Agreement shall apply to the purchase of such Hospitality Package.
2.4 STH shall invoice the Package Fee to the Customer as soon as reasonably possible following STH’s confirmation of the Customer’s order (STH Invoice).
3. Payment Terms
3.1 The Customer shall pay sixty per cent (60%) of the Package Fee on the date the Customer Agreement is entered into and the Customer shall pay the remaining forty per cent (40%) of the Package Fee on or before 1st March 2017.
3.2 If the Customer Agreement is entered into after 1st March 2017, then the Customer shall pay the full Package Fee on the date the Customer Agreement is entered into.
3.3 In the event the customer purchases a package through http://www.london2017athletics.com/hospitality then 100% payment by credit card is required at the time of purchase.
3.4 Payment of all sums pursuant to this Customer Agreement shall be paid in pounds sterling with any applicable VAT or other applicable taxes, duties, charges or levies specified during the hospitality order process (unless otherwise agreed in writing by STH) by bank transfer to STH’s bank account (details of which shall be provided to the Customer by STH) or such other payment method offered by STH.
3.5 The Customer agrees to pay and to hold STH harmless from and against any:
(a) taxes, duties, levies, deductions or withholdings (Withholdings); and/or
(b) bank and other charges incurred by STH 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 the Customer by any local government authority and to the extent necessary, the Customer shall be obliged to pay STH such additional amount as will, after any such Withholdings and/or Bank Charges have been imposed, leave STH with the same amount as it 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, the Customer, irrespective of the geographical location or tax residency of the Customer at the time of sale or otherwise.
3.7 Without prejudice to any other rights under this Customer Agreement, STH shall be entitled in the case of overdue payments from Customer to charge interest on such overdue payments at the daily rate of two per-cents (2%) above the base rate of Lloyds TSB Bank PLC from time to time from the due date until the date of payment.
3.8 For the avoidance of doubt, all prices and any other charges quoted by STH under this Agreement are exclusive of taxes, duties and charges imposed or levied in connection with the supply of the Hospitality Packages (including, but not limited to, VAT) which shall be additionally payable by the Customer.
3.9 The Customer acknowledges that:
(a) not all payment cards will be accepted by STH; and
(b) payments made by payment cards may be subject to a handling fee of two per cent (2%).
4. Delivery of Hospitality Packages
4.1 Provided the Package Fee in respect of the Hospitality Package has been paid in full in accordance with clause 3, STH shall deliver Hospitality Packages, Event Documents and Tickets to the delivery address notified by the Customer to STH in the hospitality order unless STH notifies the Customer of a different mode of delivery and/or collection of the Event Documents and Tickets.
4.2 Notwithstanding clause 4.1, it shall be the Customer's 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 STH of any change to such delivery address within a reasonable time prior to scheduled delivery.
5. No sponsorship rights or association with the Event
5.1 The Customer expressly acknowledges and agrees that the purchase of a Hospitality Package does not grant the Customer (nor any Guest) any marketing or promotional rights with respect to the Event, any Session, STH or London 2017 Limited.
5.2 The Customer must not and shall procure that each of its Guests shall not, unless any of them are entitled to by virtue of an agreement with London 2017 Limited, hold itself 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 itself or its name in any manner whatsoever with the Event, any Session, STH or London 2017 Limited.
5.3 The Customer must not (and shall procure that its Guests shall not) as a material condition of this Customer Agreement whether before, during or after the Event:
(a) use the Hospitality Package (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 the Event, STH or London 2017 Limited.
5.4 The Customer agrees that neither it, its Guests nor any of its clients (as appropriate) shall have any right to promote themselves or their trade or business in the Venue Hospitality Area or otherwise associate themselves with STH or the Event, unless expressly authorised by STH 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 STH. Branding and/or theming in a Venue Hospitality Area shall only be permitted to the extent that such area is an enclosed private area and that such branding shall not be visible from outside of such enclosed private area and such branding and/or theming shall only be permitted to the extent expressly authorised in writing by STH.
6. Hospitality Packages
6.1 The Customer acknowledges and accepts that access to the Venue and Venue Hospitality Area is strictly limited to the Event Day and to the time indicated by STH. 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 STH reserves the right to substitute or amend a Hospitality Package (including without limitation any seats, areas or services initially allocated to the Customer 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 STH’s provision of the Hospitality Packages, in which case, STH shall use all reasonable efforts to provide the Customer with (in STH’s opinion) an equivalent (as close as possible) hospitality package to the Hospitality Package purchased by the Customer. In such circumstances, STH shall notify the Customer of the details of its new hospitality package.
7.1 The Hospitality Package is provided subject to the Customer Agreement.
7.2 The Customer shall be responsible for notifying each Guest of the Ticket Terms and Conditions and the provisions of this Customer Agreement. The Customer shall procure the full compliance of its Guests with the Ticket Terms and Conditions and the provisions of this Customer Agreement.
7.3 The Customer and its Guests shall at all times comply with all directions and instructions of the competent authorities at the Venue (including, without limitation, the police).
7.4 Any breach of the Ticket Terms and Conditions (including, for the avoidance of doubt and without limitation, the prohibitions on resale, transfer and commercial use) or the provisions of the Customer Agreement may result in the cancellation of the relevant Tickets or Hospitality Package purchased by the Customer.
7.5 Without prejudice to the foregoing, the Customer agrees to use its best endeavours to ensure that its Guests comply with all rules and safety regulations established at each Venue and Venue Hospitality Area and acknowledges that if the Customer and/or its 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) the Customer and/or the Guest (as applicable) may be refused admission or removed by the Venue Operator.
7.6 If the Customer or any Guest fails to comply with clauses 7.2, 7.3 or 7.4 then the Customer and/or the Guest (as applicable) shall have no right to a refund from STH or London 2017 Limited and neither STH or London 2017 Limited shall have any liability whatsoever to the Customer or the Guest as a result.
7.7 The Customer and its Guests shall at all times comply with all applicable laws in relation to the use of the Hospitality Package including, without limitation, the Bribery Act 2010.
8. Ambush Marketing
8.1 The Customer and Guests are forbidden from using, possessing, selling or distributing any Prohibited Materials in the Venue or Venue Hospitality Area. If the Customer and/or any Guest is found with any such Prohibited Materials, the Venue Operator may remove such items and/or remove the Customer and/or Guest (as applicable) from the Venue or Venue Hospitality Area and/or refer the Customer and/or Guest (as applicable) to local authorities for investigation. If the Customer or a Guest is removed in such circumstances, then the Customer (including the relevant Guest) shall not be entitled to any refund and STH shall have no liability whatsoever to the Customer or the Guest as a result.
8.2 Without prejudice to clause 8.1, the Customer and Guests are strictly prohibited from possessing, selling or distributing any kind of promotional or commercial items in the Venue or Venue Hospitality Area (including, without limitation, drinks, food, souvenirs, clothes and flyers). The Venue Operator may remove such items and/or remove the Customer or Guest (as applicable) from the Venue or Venue Hospitality Area. If the Customer or a Guest is removed in such circumstances, then the Customer (including the relevant Guest) shall not be entitled to any refund and STH shall have no liability whatsoever to the Customer or the Guest as a result.
9.1 The Customer acknowledges 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 Venue Hospitality Area.
9.2 STH shall not replace or reimburse the Customer 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 the negligent act or omission of STH.
9.3 The Customer represents and warrants that it is purchasing the Hospitality Package for use by itself and its Guests only. The Customer shall not be entitled to resell, exchange or make available to any other person the Hospitality Package or any element of the Hospitality Package (including, without limitation, the Tickets).
10. Rescheduled / Relocated Sessions
10.1 The times, dates and places of a Session may be modified without notice to the Customer as a result of unforeseen circumstances (including, without limitation, Force Majeure, safety and security concerns or a decision from London 2017 Limited, the Venue Operator or any other competent authority). STH has no control over the running of or timings of the Sessions.
10.2 If a Session is rescheduled or relocated for any of the reasons referred to in clause 10.1, STH will use its best efforts to arrange for the relevant Hospitality Package to be provided at the rescheduled or relocated Session. If STH is able to provide materially the same Hospitality Package at the rescheduled or relocated Session, then the Customer’s booking for the relevant Hospitality Package shall remain valid for the rescheduled or relocated Session, and the Customer shall not be entitled to claim any refund and STH shall have no liability whatsoever to the Customer or any Guest as a result. If STH is unable to provide materially the same Hospitality Package at the rescheduled or relocated Session, then the Customer shall be entitled to cancel its booking and claim a refund (save that STH shall be entitled to retain any booking/administrative costs reasonably incurred by STH prior to the date of cancellation and to retain such other costs as are reasonable if and to extent that STH has borne costs in reliance on the Session 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 the Customer may have pursuant to the Ticket Terms and Conditions.
10.4 The Customer is advised to take out its own insurance to cover the risk and costs associated with a delay, interruption, rescheduling or postponed or cancelled Session.
11. Cancelled Sessions
11.1 If a Session (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 London 2017 Limited, 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 the Customer shall be entitled to terminate the Customer Agreement and claim a refund (save that STH shall be entitled to retain any booking/administrative costs reasonably incurred by STH prior to the date of cancellation and to retain such other costs as are reasonable if and to extent that STH has borne costs in reliance on the Session taking place and such costs are not readily recoverable (including, without limitation, any commission paid to a relevant STH Sales Agent )).
11.2 The above remedies are without prejudice to any other remedy the Customer may have pursuant to the Ticket Terms and Conditions.
12.1 Save as expressly provided in these Terms, and except where the Hospitality Package is sold to a Customer 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 the Customer purchases a Hospitality Package in its capacity as a consumer, the statutory rights of the Customer shall not be affected by these Terms.
12.3 Other than the specific remedies available to the Customer referred to above STH shall not be liable to the Customer (or a 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 STH, its employees or agents or otherwise) which arise out of or in connection with the supply of Hospitality Packages (including Tickets) or their use.
12.4 Subject to clause 12.8, STH’s total liability to the Customer and its 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 The Customer shall be responsible for all damage caused by itself, its Guests and any other persons under the control of the Customer.
12.6 The Customer shall indemnify and hold STH harmless from and against all claims, costs, losses, damages, expenses, demands and liabilities suffered or incurred by STH has a result of a breach by the Customer (or its Guests) of the Customer Agreement or in connection with, resulting from, or arising out of any and all acts or omissions of the Customers (or its Guests).
12.7 The Customer agrees that the personal arrangements of it and its Guests in connection with the Hospitality Package (including, without limitation, travel and accommodation) are entered into by the Customer and its Guests at their own risk and that neither STH nor London 2017 Limited 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 the Customer or its 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.
13. Termination Events
13.1 The Customer shall only be entitled to terminate the Customer Agreement in accordance with clauses 10.2, 10.3, 11.1, 13.3 and 17.3 of these Terms.
13.2 Without prejudice to any other rights STH may have, STH may terminate the Customer Agreement with immediate effect if:
(a) the Customer fails to make a payment in accordance with clause 3; or
(b) in STH’s reasonable opinion, the Customer or any of its Guests is, or is 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 STH to the Customer pursuant to clause 13.2 or 13.3, STH may, in addition to terminating the Customer Agreement:
(a) require that the Customer immediately pay any money due to STH;
(b) cancel all the Customer’s orders confirmed by STH 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 the Customer’s 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.
14.3 Email communication can be sent to STH at firstname.lastname@example.org
15. Entire agreement, no waiver, and amendments
15.1 The Customer Agreement constitutes the whole agreement and understanding between the parties 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. The Customer acknowledges that it has not entered into the Customer Agreement in reliance on any statement or representation, whether or not made by STH, except in so far as the representation has been incorporated into the Customer Agreement.
15.2 The Customer irrevocably and unconditionally waives any right it 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.