12:32 02 October 2015
By Club reporter
Stilecard Conditions of Issue 2015/2016
1. Issue of Stilecard
1.1. The issue of a Stilecard and subsequent access to the Ground is subject to the Ground Regulations (which, the Club’s version of such, can be found on – accessed via – the Club’s website at www.wba.co.uk, at various locations around the Ground or can be provided upon written request to the Club.)
1.2. Stilecards are for the use of supporters of the Club only. By applying for a Stilecard and/or using the same you hereby warrant and represent that you are a supporter of the Club and/or that you are not a supporter of the Visiting Club.
2. Admission to the Ground
2.1. By purchasing and/or accepting and/or holding a Stilecard and/or using a Stilecard to gain access to the Ground you: (a) certify that you have read, understood and accepted; (b) agree to be bound by and comply with; and (c) agree to bring to the attention of others, as required below, the Ground Regulations.
2.2. A Stilecard permits you to occupy at the Match the seat indicated on the Stilecard or such other alternative seat of equivalent value as the Club may, from time to time, allocate to you at its reasonable discretion. All access to the Ground pursuant to a Stilecard shall be for the purposes of private enjoyment of the Match only and not for any commercial purpose (and no authorisation is given or implied in respect of the carrying out of any commercial activities).
2.3. Nothing in these Conditions of Issue shall constitute or imply any entitlement to occupy the seat indicated on the Stilecard in any subsequent season.
2.4. Save as set out in clause 2.5 below, you shall not capture, log, record, transmit, play, issue, show or otherwise communicate (by digital or other means) any Material in relation to the Match, any players or other persons present in the Ground and/or the Ground, nor may you bring into the Ground or use within the Ground (or provide to, facilitate or otherwise assist another person to use within the Ground) any equipment or technology which is capable of capturing, logging, recording, transmitting, playing, issuing, showing or otherwise communicating (by digital or other means) any such Material. Any person acting in breach of this provision may have such equipment or technology confiscated and/or will be required to deliver up any tapes, films, disks, memory cards, memory sticks or other recordings of the Material (and all copies thereof) in whatever form to the PL/Football League and/or the Club and the copyright, database right and all other rights, title and interest in and to the Material is hereby assigned to the PL (including by way of present assignment of future copyright pursuant to section 91 of the Copyright, Designs, and Patents Act 1988). You further agree (if an whenever required to do so by the PL) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to the PL absolutely and with full title guarantee.
2.5. Mobile telephones and other mobile devices are permitted within the Ground, PROVIDED THAT (a) they are used for personal and private use only (which for the avoidance of doubt and by way of example only, shall not include the capturing, logging, recording or transmitting, playing, issuing, showing or any other communication of any Material for any commercial purposes); and (b) no Material that is captured by a mobile telephone or other mobile device may be published or otherwise made available to any third parties including, without limitation, via social networking sites.
2.6. Save for official Club merchandise and/or other football related clothing worn in good faith, you shall not bring into, use, wear or display within the Ground any sponsorship, promotional or marketing materials.
2.7. 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.
2.8. The Club reserves the right to refuse admission or eject from the Ground any person who fails to comply with the Ground Regulations.
2.9. Without prejudice to the representation at clause 1.2, above, and in light of the Stilecard holders being grouped together in designated areas, any attempt to gain access to the Ground wearing or carrying apparel (including, without limitation, shirts, hats and/or scarves) that demonstrate support for the Visiting 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.
3. Use of Stilecards
3.1. Subject to clause 3.2 below, Stilecards are issued for your sole use and you shall not resell, dispose of, assign, transfer, lend or otherwise deal with the Stilecard or the benefit of it to any other person without the prior written consent of the Club. Further, you shall not use the Stilecard for any commercial purpose. The reference to reselling the Stilecard includes: (a) offering to sell a Stilecard (including, without limitation, on any website or online auction site); (b) exposing a Stilecard for sale;(c) making a Stilecard available for sale by another person; (d) advertising that a Stilecard is available for purchase, which for the avoidance of doubt (and by way of example only), means that the Stilecard may not be offered as a prize in any promotion or competition; (e)transferring, lending or selling a Stilecard to any third party as part of a hospitality or travel package; and (f) giving (or offering to give) a Stilecard to any third party who pays or agrees to pay for some other goods or services (or offers to do so), save as expressly authorised by the PL/Football League or the Club.
3.2. You may only sell or transfer the Stilecard to a Guest with the express written consent of the Club given at the Club’s absolute discretion, provided that such sale or transfer is 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 provided further that such transfer does not take during the course of any business or for the purpose of facilitating any third party’s business. Such sale or transfer is hereby provided to be subject to the Ground Regulations which will (save for any rights to transfer under this clause) apply to and bind the recipient of the Stilecard as if he/she was the original purchaser of the Stilecard (and you must inform the recipient of this).
3.3. The unauthorised sale or disposal of tickets is 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 Stilecard has been sold or disposed of illegally and will press 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 a ticketing offence, we will notify the PL or Football League who may in turn notify other PL/Football League 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 ticketing offences and disorder at matches.
3.4. The Stilecard 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. Proof of age or status may be required to validate a concession rate. The Club reserves the right to require the immediate return of the Stilecard at any time.
3.5. Any Stilecard obtained or used in breach of these Conditions of Issue and/or the Ground Regulations shall be automatically void and all rights conferred or evidenced by such Stilecard shall be nullified. Misuse of a Stilecard may result in the holder being ejected from the Ground in respect of a particular Match and/or the cancellation and withdrawal of the Stilecard. In the event of any cancellation and withdrawal in accordance with this clause, no refund shall be payable to the holder in respect of any unexpired portion of the Stilecard. The Club further reserves its right to take any legal action against any person(s) as it sees fit in connection with such matters, including a claim for an account of profits made from an unauthorised use of the Stilecard.
4. Changes to Dates, Refunds & Exchanges
4.1. 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 Stilecard will enable you to attend the re-arranged Match.
4.2. The Club will have no further liability whatsoever, including (but not limited to) any direct or consequential loss or damage, loss of enjoyment or travel/accommodation costs.
5. Lost or Stolen Stilecards
5.1. The club cannot, under any circumstances, accept responsibility whatsoever for any Stilecards lost, damaged, destroyed or stolen, and a £5 administration fee will be charged to replace the Stilecard. Only one duplicate Stilecard will be issued to you per season and you will be required to sign a document confirming that the original Stilecard is damaged, lost, stolen or destroyed and indemnifying the Club against any direct or indirect consequences of such matter having been falsely represented or stated to the Club. The Club shall be entitled to call for all reasonable evidence of the need for a replacement Stilecard, including, but not limited to, a police crime reference number in the event that a Stilecard is stolen.
6. Change of Address
6.1. If you change your address during the season you must notify the Club as soon as reasonably practicable by contacting the Club’s ticket office.
7. Cancellation & Withdrawal of Stilecard
7.1. 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 these Conditions of Issue or the Ground Regulations to cancel and withdraw your Stilecard. In the event of such cancellation no refund will be paid in respect of any unexpired portion of the Stilecard. Without prejudice to the general nature of the above the following actions shall constitute serious breach of the Ground Regulations:
7.1.1. smoking in the Ground (for the avoidance of doubt this includes the use of electronic cigarettes and the like);
7.1.2. being (or appearing to be) intoxicated.
7.1.3. persistent standing in seated areas whilst the Match is in progress;
7.1.4. sale or transfer (save as permitted) of a Stilecard to any person;
7.1.5. deliberate misuse of the Stilecard;
7.1.6. use (or attempted use) of a non-applicable concession Stilecard without the necessary upgrade payment being made prior to entry;
7.1.7. the supply of any misleading or incorrect information in any application;
7.1.8. persistent swearing or the use of foul, obscene or abusive and/or racist language and/or gestures during the Match;
7.1.9. the possession of a banner or flag that bears materials or slogans that, in the Club’s opinion, are offensive, obscene, abusive or racist;
7.1.10. the throwing of any object within the Ground that may cause injury or damage to people or property without lawful authority or excuse;
7.1.11. fighting or engaging in and/or inciting violence;
7.1.12. bringing into the Ground (or using within the Ground) any illegal drugs, other illegal substances, fireworks, firecrackers, smoke canisters, pyrotechnic device, air horns, flares, laser devices, bottles, glass vessels or any item that might be used as a weapon or compromise public safety;
7.1.13. entering the playing area or any adjacent area to which spectators are not generally admitted without lawful authority or excuse;
7.1.14. the chanting of anything of an indecent or racist nature;
7.1.15. any misrepresentation in relation to clause 1.2;
7.1.16. breach of the terms of any Membership;
7.1.17. any failure to pay or default of payment in respect of any sums owing to the Club (or any third party) whether in respect of a Stilecard or at all.
7.2. The Club may conduct security searches where it has reason to believe that any of the breaches set down in 7.1 above has either occurred or may occur.
7.3. If a Stilecard holder is not 16 years old or over, his/her parent(s) and/or guardian(s) are responsible for his/her actions, conduct and compliance with these Conditions of Issue and the Ground Regulations.
7.4. In the event that your Stilecard 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 Stilecard at its discretion, and to notify FIFA, UEFA, The Football Association, PL, The Football League and/or other football clubs of such exclusion and/or disqualification (and the reason(s) for such exclusion and/or disqualification).
7.5. Without prejudice to the above, the Club shall have the right to cancel or withdraw your Stilecard at its sole discretion provided that a refund is paid in respect of any unexpired portion of the Stilecard.
8. Filming, Photography and Taping
8.1. All Stilecard holders who enter the Ground acknowledge that photographic images and/or video recordings (and/or stills taken from video recordings) may be taken of them and may also be used, by way of example and without limitation, in televised coverage of the Match and/or for promotional, training or marketing purposes by the Club, the PL or others (including commercial partners), and use of the Stilecard to enter the Ground constitutes consent to such use.
9. Exclusion of Liability
9.1. To the maximum extent permitted by law, 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 or any other liability of the Club which cannot be excluded under applicable law.
9.2. Neither the PL 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.
10.1. The Club reserves the right to amend these Conditions of Issue from time to time and shall notify you of such changes if they materially affect your rights as a consumer.
10.3. 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. If any invalid, unenforceable or illegal provision of these Conditions of Issue would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.4. The Club’s failure to exercise, or delay in exercising, any right, power or remedy provided by these Conditions of Issue or by law shall not constitute a waiver of that right, power or remedy.
10.5. These Conditions of Issue and the Ground Regulations constitute the entire agreement between the Club and the Stilecard holder and neither the Club nor the Stilecard holder shall have any claim or remedy in respect of any statement, representation, warranty or undertaking made by or on behalf of any other party in relation to these Conditions of Issue which are not set herein and/or the Ground Regulations which are not set therein.
10.6. Notwithstanding any other provision in these Conditions of Issue and with the exception of FIFA, UEFA, The FA, PL and 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.
10.7. 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).
In the Conditions of Issue the following words and phrases shall have the following meanings:
"Conditions of Issue" means these terms and conditions governing the issue and use of a Stilecard.
"Ground" means the football stadium and all other locations owned, occupied or utilised by the Club.
"Ground Regulations" means (a) 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; and (b) where applicable, any of the rules and regulations of FIFA, UEFA, The Football Association, The Football Association Premier League (“PL”) and the Football League.
"Guest" means a relative, friend, colleague and/or companion to the disabled who would be entitled to purchase a Stilecard under the Conditions of Issue and the Ground Regulations.
"Match" means any Premier League football match in which the Club participates and that takes place at the Ground during Season 2014-2015.
“Material” means any audio, visual or audio-visual material or any information or data.
"Stilecard" means a Stilecard season ticket for admission to Matches.
“Visiting Club” means the football club playing against the Club during any Match.