Terms Part 2
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.
17. 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.
18. Personal Data
19. Rights of Third Parties
Any person (other than London 2017 Limited, 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.
20. Age Policy
Children under 16 years of age are not permitted into the Venue Hospitality Areas unless accompanied by an adult.
21 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:
Customer means the end-customer that purchases (or otherwise obtains) a Hospitality Package from STH;
Event means the IAAF World Championships to take place in the Queen Elizabeth Olympic Park between 4th and13th August 2017;
Event Day means a calendar day on which a Session takes place during the Event;
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);
Face Value means the official value of a Ticket (or Tickets, as the case may be) which value may be represented on the face of the Ticket in question and which value, for the avoidance of doubt, shall be deemed to include such VAT as may be chargeable thereon;
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 Package means a hospitality package sold by STH to the Customer in conjunction with the sale of Tickets;
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.
LONDON 2017 LIMITED means London 2017, the holder of the commercial rights relating to the Event;
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);
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 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, London 2017 Limited the Event or the Event’s official sponsors;
Session means each Athletic Session which forms part of the Event;
STH means Sports Travel and Hospitality Group Limited trading, a company registered in England and Wales under company number 8971103 of 1 Southampton Row, London, WC1B 5HA, United Kingdom
STH Invoice means any invoice rendered to the Customer in respect of Hospitality Packages;
STH Sales Agent means an official third party agent that has entered into an agreement with STH in relation to the appointment as a sales agent as one of STH’s official corporate hospitality agent for the Event;
Tickets means tickets for Sessions;
Ticket Terms and Conditions means the London 2017 terms and conditions relating to the purchase and use of Tickets set out in Appendix Two.
Venues means the location where the Event is taking place which includes but is not limited to the Olympic Stadium Queen Elizabeth Olympic Park and the Venue Hospitality Areas;
Venue Hospitality Area means all areas in 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 Hospitality Package customers;
Venue Operator means:(a) the owner and/or operator of the Venue or Venue Hospitality Area and their personnel;(b) stewards or other officials at a Venue or Venue Hospitality Area; and (c) police officers or other law enforcement or security officials at a Venue or Venue Hospitality Area.
APPENDIX TWO – LONDON 2017 TICKET TERMS AND CONDITIONS
These Conditions govern all Tickets issued for the Championships and the admission to the Venue to attend any Session. These Conditions will be printed in an abbreviated form on each Ticket. In the case of any conflict or ambiguity between these Conditions and the abbreviated form printed on a Ticket, these Conditions will prevail. All capitalised terms used in these Conditions and in the abbreviated form printed on a Ticket shall have the meanings given to them in paragraph 51 of these Conditions. All Tickets are issued by or on behalf of London 2017 Limited, as the Championships organising committee, pursuant to authority granted by IAAF. Any person who purchases or possesses a Ticket, or uses or attempts to use any Ticket, shall be deemed to have accepted and agreed to comply with these Conditions.
Ticket Purchase and Delivery
1. Tickets may only be purchased from London 2017 (via the Official Ticketing Agent) or from the Authorised Agents or through the Official Ticket Resale Scheme or through any other sale or transfer mechanism authorised in writing by IAAF. Tickets purchased or obtained from any other source shall be void and may be seized or cancelled without refund or compensation.
2. London 2017 reserves the right to limit, at the time of purchase, the maximum number of Tickets that any person may purchase for a Session. Tickets may be limited to a maximum number per person, per payment card and/or per household. London 2017 reserves the right to cancel without prior notice and without refund any Tickets purchased in excess of this number, unless the purchase of such excess was due to our error.
3. Tickets may not be purchased by any person under the age of 16 years. The nominated payment card or the registered bank account used to purchase Tickets must be registered in the name and address of the Ticket Purchaser. London 2017 reserves the right to refuse any application for Tickets from any person who fails to comply with this condition or to cancel without prior notice and without refund any Tickets purchased in breach of this condition.
4. Once payment in full has been received by London 2017 or by the relevant Authorised Agent, confirmation of the sale and the Ticket Purchaser’s booking reference number will be notified to the Ticket Purchaser by email, telephone or in writing.
5. The sale or other issuance of any Ticket is final and non-refundable except as outlined in paragraphs 30-37 of these Conditions or as required by English law. London 2017 reserves the right not to replace or accept any Ticket that has been lost, stolen, forgotten, damaged, defaced or forged, or any Ticket which is unreadable, illegible or incomplete.
6. London 2017 reserves the right to issue Tickets in hard copy or as electronic tickets.
7. Hard copy Tickets will be delivered by secure carrier to the billing address of the Ticket Purchaser and not to any other address unless we specifically allow for them to be sent to an alternative address. Post office boxes (or similar) are not acceptable addresses for the delivery of hard copy Tickets. Electronic tickets will be issued via email to the Ticket Purchaser’s email address as specified in the Ticket Purchaser’s application.
8. If any Tickets have not been received five days before the relevant Session, the Ticket Purchaser should contact the relevant customer service centre (details of which will be given to the Ticket Purchaser at the time of the confirmation of sale) quoting the booking reference number given to the Ticket Purchaser at the time of the confirmation of sale.
9. If, in the opinion of London 2017, there is not enough time to deliver hard copy Tickets to the Ticket Purchaser before the relevant Session, Tickets will be issued as electronic tickets or (at the choice of London 2017) made available for collection by the Ticket Purchaser from the Venue on the day of the Session and the Ticket Purchaser will be advised at the time of purchase of the arrangements for the collection of the Tickets. The Ticket Purchaser must collect the Tickets in person and will be required to produce the relevant booking reference number, the payment card used to purchase the Tickets and photographic proof of identity. If the Ticket Purchaser does not show the required documents/identification, London 2017 may refuse to make the Tickets available to the Ticket Purchaser and will not be responsible for the Ticket Purchaser’s inability to enter the relevant Session.
10. It is the Ticket Purchaser’s responsibility to check his/her Tickets; mistakes cannot always be rectified. Tickets should be checked on receipt and the Ticket Purchaser should contact the relevant customer service centre as soon as possible if there is a mistake. Whilst London 2017 tries to ensure that pricing and ticketing information provided to Ticket Purchasers is correct at all times, errors may occasionally occur. If London 2017 discovers an error in the price or nature of a Ticket, London 2017 will inform the relevant Ticket Purchaser as soon as reasonably practicable, and give the Ticket Purchaser the option of reconfirming his or her order at the correct price/specification or cancelling it. If London 2017 is unable to contact the Ticket Purchaser, it will unfortunately have to treat the order as cancelled. If the order is cancelled in such circumstances, London 2017 will provide the Ticket Purchaser with a full refund.
Ticket Use & Prohibitions on Transfers
11. Save as set out in paragraphs 12 and 13 below, Tickets are STRICTLY NON-TRANSFERABLE and MUST NOT BE SOLD OR OFFERED, EXPOSED OR MADE AVAILABLE FOR SALE, ASSIGNED, LOANED, TRANSFERRED OR OTHERWISE DISPOSED. London 2017 reserves the right to cancel without refund any Tickets which it reasonably believes have been or are intended to be resold, offered, exposed or made available for sale, assigned, loaned, transferred or otherwise disposed in breach of these Conditions. The reference to the Ticket
not being made available for sale includes (without limitation) offering to sell a Ticket (including on or via any online auction site), making a Ticket available for sale by another person or advertising that a Ticket is available for purchase.
12. If more than one Ticket is issued to a Ticket Purchaser, the Ticket Purchaser must retain one Ticket for his/her personal use. Any remaining Tickets may only be used by persons who are known to the Ticket Purchaser personally (and who did not become known to the Ticket Purchaser through the sale, transfer or disposal of the Ticket) who accompany the Ticket Purchaser to the Session and subject to the following conditions:
a) any such Tickets must not be offered publicly (including on any website, social media platform or other public forum) whether for sale, as a gift or donation or any other means of transfer and the sale, transfer or disposal of any such Tickets by the Ticket Purchaser to such recipients of the Ticket Purchaser’s Tickets must not be for a payment or benefit in excess of the Original Sale Price of the Ticket;
b) the Ticket Purchaser must bring these Conditions and any applicable Venue Regulations to the attention of such recipients of the Ticket Purchaser’s Tickets and the sale, transfer or disposal of any such Tickets by the Ticket Purchaser must be made strictly subject to these Conditions and any applicable Venue Regulations;
c) the Ticket Purchaser must provide the name and address of each Ticket Holder accompanying the Ticket Purchaser when asked to do so by an Authorised Person;
d) these Conditions and any applicable Venue Regulations shall be binding upon such recipients of the Ticket Purchaser’s Tickets in full, save that such persons shall not have any right to sell, transfer or dispose of their Ticket to any other person and only the original Ticket Purchaser shall have the right to a refund from London 2017 in respect of such Tickets under paragraphs 30-37 of these Conditions; and
e) the Ticket Purchaser shall ensure that such recipients of his/her Tickets comply with these Conditions and any applicable Venue Regulations and London 2017 reserves the right to cancel the Ticket Purchaser’s own Ticket and refuse the Ticket Purchaser admission to and/or eject the Ticket Purchaser from the Venue without refund or compensation in the event of a breach of these Conditions and/or any applicable Venue Regulations by any such recipients of the Ticket Purchaser’s Tickets. In the event that any recipient of a Ticket Purchaser’s Tickets breaches any of these Conditions and/or any applicable Venue Regulations, the Ticket Purchaser and that recipient shall be held jointly and severally liable for such breach.
13. Tickets purchased directly from London 2017 (but not tickets purchased from or issued by an Authorised Agent) may be transferred by a Ticket Purchaser to a third party via the Official Ticket Resale Scheme which will operate in 2017. Further details of the Official Ticket Resale Scheme will be provided to Ticket Holders in due course by email to the Ticket Purchaser’s email address as specified in the Ticket Purchaser’s application and made available via www.london2017athletics.com.
14. Notwithstanding paragraphs 12 and 13 above, it is an essential condition of the issuance of each and every Ticket and the right of admission to a Venue that, the Ticket must not be:
a) transferred, used or otherwise disposed of in the course of any business or for the purpose of facilitating a third party’s business; and/or
b) transferred, used or otherwise disposed of:
i. in relation to any promotional or commercial purpose (including any competition, advertising, promotion, auction or as a prize in any competition or sweepstake, whether for a business or a charity or otherwise); or
ii. to enhance the demand for any other goods or services; and/or
c) transferred or otherwise disposed of to any person who agrees to buy any good(s) or service(s) in return for the Ticket; and/or
d) transferred, used, combined with or incorporated as part of any hospitality, accommodation or travel package or service; and/or
e) combined with any other good(s) or service(s) (including as part of any hospitality, accommodation or travel package or service), in each case without the prior written approval of IAAF.
15. In the event that London 2017, the Official Ticket Agent, IAAF or any Authorised Person reasonably suspects that a Ticket Holder has obtained their Ticket(s) from an unauthorised source or in breach of these Conditions, the Ticket Holder shall, upon request by London 2017, the Official Ticket Agent, IAAF or any Authorised Person, give a full explanation as to how and from whom (including full contact details) his/her Ticket(s) have been obtained and at what price. If a Ticket Holder fails to provide a reasonably satisfactory explanation, London 2017 may cancel the Ticket(s) and refuse the Ticket Holder admission to and/or eject the Ticket Holder from the Venue without refund or compensation.
16. Any Ticket offered for sale, sold, transferred, used or disposed of in breach of paragraphs 11, 12, 13 or 14 of these Conditions may be cancelled by London 2017 and any Ticket Holder seeking to use the Ticket may be refused admission to or evicted from the Venue without refund or compensation and may also be liable to legal and/or disciplinary action.
Venue Entry & Requirements
17. These Conditions are subject to any additional security, public order and safety conditions of admission to the Venue that may be issued by London 2017 or the relevant Venue owner from time to time (the ‘Venue Regulations’). London 2017 shall notify Ticket Purchasers of any such Venue Regulations via email to the Ticket Purchaser’s email address as specified in the Ticket Purchaser’s application and made available via www.london2017athletics.com. If a Ticket Holder fails to comply with the applicable Venue Regulations, he/she may be refused admission to the Venue or evicted from the Venue without refund or compensation. In the case of any conflict or ambiguity between these Conditions and the Venue Regulations, these Conditions will prevail unless otherwise expressly stated in the Venue Regulations. Notwithstanding the foregoing, London 2017 and/or the relevant Venue owner reserve the right without prior notice to revoke or vary any of the Venue Regulations with immediate effect if this is considered necessary on public safety grounds. Any such revocation or variation of the Venue Regulations will be displayed as soon as practicable at the Venue and, if appropriate, other sites.
18. Admission to a Venue will only be authorised upon presentation of a valid Ticket and (if required by London 2017, IAAF and/or any Authorised Person) photographic proof of identity and proof of age. One Ticket will be required for each person, regardless of age (excluding babies under 18 months old in arms). A valid Ticket permits the Ticket Holder to view the relevant Session from the seat indicated on that Ticket or such other alternative seat as London 2017 and/or IAAF may allocate acting reasonably. Nothing in these Conditions shall constitute or imply any entitlement to occupy the seat indicated on a Ticket at any other Session or event. Ticket Holders are advised to arrive at the Venue and take their seats at least 45 minutes before the advertised start time of the Session. The Ticket Holder is not guaranteed an uninterrupted and/or uninhibited view of the Session from the seat provided, nor is any representation or warranty given as to the quality, content or duration of the Session. Any Ticket Holder leaving a Venue will not be readmitted and no pass-outs will be permitted. If a Ticket Holder is not 16 years or over, his/her parent(s) and/or guardians are also responsible for his/her actions, conduct and compliance with these Conditions.