Home Match Ticket Conditions of Issue 2020/21

2nd May

Home Match Ticket Conditions of Issue 2020/21

1.            Issue of Home Match Ticket

1.1.         The issue of a Home Match Ticket and subsequent access to the Ground is subject to the Terms & Conditions of Entry as may be amended from time to time, which includes:

1.1.1.     The Conditions of Issue;

1.1.2.     The Ground Regulations (which can be found on the Club’s website using the following link https://www.wba.co.uk/club/ground-regulations and at various locations around the Ground);

1.1.3.     The applicable Football Authority Rules and Regulations in respect of the relevant competition;

1.1.4.     The Club Coronavirus / Covid-19 Policy (which can be found on the Club’s website using the following link https://www.wba.co.uk/club/club-policies/club-coronavirus-covid-19-policy ); and

1.1.5.     The Spectator Code of Conduct (which can be found on the Club’s website using the following link https://www.wba.co.uk/code-conduct).

1.2.         The Club reserves the right without liability to cancel or withdraw a Home Match Ticket of, or, eject from the Ground, any person who fails to comply with the Terms & Conditions of Entry. The Club shall determine the applicable capacity of the Stadium for each Match in its absolute discretion and shall have no liability in respect of the same. The foregoing includes the Club determining (including without limitation where this is required by the applicable authorities from time to time) that Matches must be played with a restricted number of fans attending or played behind closed doors with no spectator access. Home Match Tickets are for the use of supporters of the Club only. A Home Match Ticket can only be used for the Match identified on the Home Match Ticket and cannot be transferred and/or used at any other Match. By applying for a Home Match Ticket and/or using the same you hereby warrant and represent that you are (1) a supporter of the Club and/or that you are not a supporter of the Visiting Club, (2) you are not prohibited by law from attending any football ground (including the Ground) and are not subject to any football stadium bans, any Club issued bans, football related criminal and/or civil proceedings.

1.3.         At the point of booking a Home Match Ticket, the Home Match Ticket Holder making the booking shall provide (1) their up to date contact details requested of them and any other Home Match Ticket Holder that is linked to their booking and (2) upload an up to date photograph (such photograph to be a true likeness and be able to clearly identify the relevant Home Match Ticket Holder) for each Home Match Ticket Holder (using such method and in such format and size as requested by the Club from time to time). Such photograph will be included on the Home Match Ticket and may be checked prior to entry into the Ground. By providing such photographs and contact details you confirm to the Club that you have the consent of all relevant individuals to make such disclosure. If such photographs materially change and/or contact details change prior to the relevant Match that your Home Match Ticket applies to you will promptly inform the Club of the updated details online using your Club online account. You warrant that all those attending the Match with you are permitted to do so in accordance with all applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club that apply from time to time and that your attendance with any other persons will not breach any applicable all laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club related to or connected with COVID-19 or otherwise.

1.4.         The Club does not tolerate foul and/or abusive behaviour towards staff either in person, or via any form of communication with Club staff, including telephone, email and social media. The Club reserves the right to refuse admission to, or eject from, the Ground any person who fails to comply with this clause 1.4, and, in such circumstances, no refunds will be issued and you may also receive a lengthy and potential life ban.

1.5.         You warrant that all information provided as part of the Home Match Ticket purchasing process was correct at the point of purchase and that you will make the Club immediately aware of any changes to such information prior to or during the Match.

2.            Admission to the Ground

2.1.         All Home Match Tickets are issued subject to all applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club. The Club reserves the right to cancel without liability any Home Match Ticket where required to do so by any applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club. By purchasing and/or accepting and/or holding a Home Match Ticket and/or using a Home Match Ticket to gain access to the Ground you: (a) certify that you have read, understood and accepted; (b) agree to be bound by and to comply with; and (c) agree to bring to the attention of others, as required below, the Terms & Conditions of Entry, including without limitation the Supporter Code of Conduct.

2.2.           With the health and safety of all persons attending a Home Match in mind, all Home Match Ticket Holders must comply with all applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club that are implemented from time to time in connection with any epidemic, pandemic, infectious disease and/or any other health emergency, including without limitation the Spectator Code of Conduct and the Club’s Coronavirus Covid-19 Policy. This shall include a strict requirement that Home Match Ticket Holders do not attend the Stadium in the event that they are required to self-isolate, quarantine and/or have any symptoms of COVID-19 and/or attending such Home Match would contravene any applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club (and no refunds shall be due in such circumstances, unless the Club determines otherwise in its absolute discretion). As such, you warrant (1) that you will not enter into and/or remain at the Ground (unless advised to by the Club) if you have any symptom(s) of COVID-19 and/or you are required to self-isolate and/or quarantine as a result of COVID-19 and/or if your attendance would contravene any applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club  and (2) that your condition and conduct will not impair the safety of any other person attending the relevant Match to which your Home Match Ticket relates. Where you cannot attend the relevant Home Match due to any applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club and/or you are suffering from COVID-19 symptom(s) and/or are self-isolating and/or are in quarantine as a result of complying with applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club the Club shall have no liability to you whatsoever and no refund will be offered in respect of the relevant Home Match Ticket. You understand that the United Kingdom is at the time of issue suffering from a pandemic of COVID-19 and as such you enter the Ground at your own risk. All Home Match Ticket Holders are requested to arrive at the Ground (1) in good time to ensure all checks can be completed prior to entry and (2) if provided in accordance with the time advised to you by the Club.

2.3.         With the health and safety of all those attending a Home Match in mind, all Home Match Ticket Holders will be required (either by themselves or by someone they have authorised to do so) to provide their contact details and complete a health questionnaire at the point of the Home Match Ticket purchase. A Home Match Ticket Holder is required to inform the Club, at any point prior to entry into the Stadium or whilst in the Stadium, of any changes to their contact details or health related answers provided to the Club. Without liability on the Club’s part, a Home Match Ticket may not be issued (or, if issued, may be deactivated without refund) unless all required contact details and the applicable COVID-19 health questionnaire is fully completed or where such COVID-19 health questionnaire response reveals that such Home Match Ticket Holder should not be attending the Home Match due to any applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club or where the Home Match Ticket Holder is suffering from COVID-19 symptoms. All Home Match Ticket Holders agree to be contacted by the Club regarding their attendance at the Stadium and, where required, for their contact details to be given to NHS Test and Trace (or successor) who may contact such Home Match Ticket Holder or their parent/guardian to help stop the spread of COVID-19. Prior to entering the Ground and whilst at the Ground, you may be requested to provide medical information and/or a medical passport (where applicable), and you may be subject to non-invasive temperature checks and/or any other appropriate medical testing/screening as is prudent in order to safeguard against COVID-19 and is implemented from time to time by the Club and/or as required by a Public Authority (including without limitation any Local Authority, National Institute for Health Protection), the Football Association, The Premier League, The English Football League, The Sports Grounds Safety Authority, Medical Professional(s), Emergency Service and/or the UK Government. Parents and legal guardians are responsible for completing any required paperwork in respect of a relevant minor (if any) and shall be present at all times when a minor is having its temperature taken or is being subject to appropriate medical processes/questioning (if any). You agree at all times to provide full and accurate details as required in respect of such appropriate medical processes/questioning. If you have and/or develop COVID-19 symptom(s) whilst at the Ground you will immediately report such symptom(s) to a Club representative. The Club reserves the right without liability to the Home Match Ticket Holder or to any other person to take such action the Club deems appropriate, which may include, without limitation refused entry to the Ground, being taken to an isolation room for further assessment and/or removal from the Ground of any Home Match Ticket Holder that is (1) found to be displaying any symptoms of COVID-19 (including without limitation an elevated temperature reading (37.8 degrees Celsius or above) and/or (2) breaching, or the Club reasonably suspects is breaching, any applicable laws, guidance, restrictions, protocols or rules from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club relating to COVID-19. In such circumstances no refund will be offered unless the Club determines otherwise in its absolute discretion. Please see the Club’s privacy policy for further details on how your data is processed.

2.4.         The United Kingdom is at the time of issue suffering from the COVID-19 pandemic and as such, by purchasing a Home Match Ticket you hereby acknowledge and agree that your attendance at the relevant Home Match is at your own risk and (to the extent permitted by applicable laws and except for the losses set out in clause 9.1) the Club accepts no responsibility and/or liability from any illness and/or injury resulting therefrom. All Home Match Ticket Holders will be required at the point of purchase to self-certify that they are not suffering from any symptoms of COVID-19 and that they will not attend the relevant Home Match if they are suffering from COVID-19 symptom(s) or are required to self-isolate as a result of the COVID-19 pandemic. For group Home Match Ticket applications, the applicant will be required to certify on behalf of all Home Match Ticket Holders that they are linked as part of the Club’s friends and families process through the applicant’s My Albion online account and form part of that group. The applicant will keep the Club informed of any changes to such certification.

2.5.         Each Home Match Ticket will include the photo of the relevant Home Match Ticket holder (such photograph to be provided in accordance with 1.3 above). If no photo is provided in accordance with these terms then the Home Match Ticket will not be issued or shall be cancelled where such failure is identified. If you present a Home Match Ticket without a photograph or the relevant photograph is illegible or is not of the person presenting the Home Match Ticket then the Club reserves the right without liability to cancel such Home Match Ticket or refuse entry to such Home Match Ticker Holder or request you to leave the Ground at any time if you are admitted and it is found that you are in breach of this clause 2.5. No refunds will be issued in such circumstances.

2.6.         Subject to the Terms & Conditions of Entry, a Home Match Ticket permits you to occupy at the Match the seat indicated on the Home Match Ticket or such other alternative seat of equivalent value as the Club may, from time to time, allocate to you at its reasonable discretion (you have no right to be allocated the seat that you have previously been allocated be that on an individual match basis or as part of any season ticket you have held). The Club reserves the right, at any time and without notice, to move Home Match Ticket Holders to alternative seats for any reason. For example (and without limitation), the Club reserves the right to allocate the Home Match Ticket Holder an alternative seat in the Ground:

2.6.1.     for operational and/or health and safety reasons;

2.6.2.     because the relocation is necessary in order to comply with the requirements of any Football Authority Rules and Regulations, Licensing Authorities, Government, Local and other Public Authorities or such other relevant body/authority;

2.6.3.     to ensure social distancing can be maintained in accordance with Government and/or Football Authority guidelines to comply with any other measures required to minimise the risk of transmission of COVID-19 or any other infectious disease;

2.6.4.     in the event of unforeseen circumstances affecting any part of the Ground, the Club reserves the right; 

2.6.5      the Club and/or Police consider the relocation is necessary in the interest of public safety.

The Club’s decision will be final on all relocation matters.

2.7.         All access to the Ground pursuant to a Home Match Ticket 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).

2.8.         To be admitted into the Ground, you must present the Home Match Ticket (in whatever format it is provided to you by the Club from time to time) at the turnstile reader or as otherwise directed by the Club. Admission will be refused to any person who attempts to use the same Home Match Ticket on more than one occasion at the same Match, or use a Home Match Ticket that has been cancelled. Children under 11 years of age on the date of the relevant Match must be accompanied at the Match at all times by an adult aged 18 years of age or older.

2.9.         If you select to receive your Home Match Ticket as an e-ticket, you confirm that you have a suitable Smart Device on which you can receive and display the relevant e-ticket clearly.  If you use an e-ticket, it is your responsibility to present your valid Home Match Ticket in e-ticket form on your Smart Device at the Ground. If you fail to do so and you do not have a valid physical print at home form Home Match Ticket, your admission to the Ground will be refused.

2.10.      You may be asked to provide further proof of age and/or photographic identification before entry to the Ground is granted. If you fail to provide such proof and/or identification (as applicable), your admission to the Ground will be refused. No refunds will be issued in such circumstances.

2.11.      In the event that the print at home ticket or e-ticket and/or your Smart Device is lost, damaged, or stolen, or your print at home or e-ticket is corrupted, damaged or illegible in any way, or if you arrive at the Stadium without a functioning ticket and/or Smart Device, we will not be able to provide a duplicate or replacement ticket and no refund will be issued to you and the Club will have no liability to you in such circumstances.

2.12.      If multiple e-tickets have been booked for more than one person and have been loaded on to one device, then all Home Match Ticket Holders must arrive at the Stadium together and scanning and entry will be conducted on your (the purchaser’s) Smart Device.

2.13.      The Club reserves the right to request Home Match Tickets holders to attend the ticket office on the day of a Match in order for a ticket to be validated and photo ID to be checked prior to entry to the Ground should the Club deem this appropriate.

2.14.      By selecting an e-ticket you agree to co-operate fully with Club staff and hand over your Smart Device for inspection if asked to do so.

2.15.      Transferring or copying of e-tickets to other devices not registered with your account or to third parties is strictly prohibited, as is any other behaviour deliberately carried out to de-fraud the Club. In the event or suspicion of such activity the Club reserves the right to cancel any relevant tickets and/or terminate your account and to pursue any losses or damages as a result through the civil or criminal courts as appropriate. The Club uses various techniques to detect and identify fraudulent activity, and such activity will be reported to the relevant authorities.

2.16.      Any Home Match Ticket Holder who is unable to use a Smart Device for their e-ticket Home Match Ticket(s) must contact the Club’s Ticket Office to arrange an alternative ticket method prior to the date of the relevant Match. Photographic ID must be provided, and the new Home Match Ticket will require a photograph of the named Home Match Ticket Holder.

2.17.      Nothing in the Terms & Conditions of Entry shall constitute or imply any entitlement to occupy the seat indicated on the Home Match Ticket in any subsequent Match or season.

2.18.      Save as set out in clause 2.19 below, you (unless you hold an appropriate licence and have prior authorisation from the Club) 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 Premier League/Football League and/or the Club.  Without prejudice to any other rights available to the Club, the Club reserves the right to eject you from the Stadium without liability on the part of the Club where you are in breach of this clause 2.18. No refunds will be provided in such an instance.

2.19.      Mobile telephones and other mobile/electronic 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 (this includes without limitation, courtsiding betting); and (b) no Material that is captured, logged, recorded, transmitted, played, issued, shown or otherwise communicated by a mobile telephone or other mobile/electronic device may be published or otherwise made available to any third parties including, without limitation, via social networking sites.

2.20.      The copyright, database right and all other rights, title and interest in and to all Material that you produce at the Ground in relation to the Match, any players or other persons present in the Ground and/or the Ground (whether produced in breach of clause 2.18 above, or pursuant to clause 2.19 above, or otherwise) is hereby assigned to the Premier League/Football League/the Club (as applicable), 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 and whenever required to do so by the Premier League/Football League/the Club (as applicable)) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to the Premier League/Football League/the Club (as applicable) absolutely and with full title guarantee.         

2.21.      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.

2.22.      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 2.20 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.

2.23.      Without prejudice to any other rights available to the Club, the Club reserves the right to refuse admission or eject from the Ground any person who fails to comply with the Terms & Conditions of Entry, including without limitation the Supporter Code of Conduct. No refunds will be issued in such circumstances.

2.24.      Without prejudice to the warranties and representation at clause 1.2, above, and in light of the Home Match Ticket 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.

2.25.      A Home Match Ticket Holder is not entitled to re-enter the Ground if they leave the Ground at any time on the relevant Match day, except where the Club expressly approves such re-entry.

2.26.      Other than sealed bags from the Club shop containing Club shop purchases, you are only entitled to bring into the Ground one bag that is no larger than a sheet of A4 (21cm x 21cm x 30cm). No bag or items larger than this will be permitted into the Ground. There are no bag storage facilities at the Ground, which means that if you do not comply with this rule, you may be refused entry to the Ground. No refund will be provided in such an instance.

2.27.      Home Match Ticket Holders should be aware that certain seats situated in the lower stands of the Ground may be affected by adverse weather conditions.

3.            Disabled Supporter(s)

3.1.         Clause 3 applies to you if you are a Home Match Ticket Holder and are registered with the Club as a Disabled Supporter.

3.2.         Disabled Supporters are entitled to a free ticket to bring a Personal Assistant with them to the Match only if they require additional assistance to be able to attend the Match. The Disabled Supporter must register proof of their disability with the Club’s Ticket Office in advance of a Match day to be able to benefit from this clause 3. Proof of disability includes the following:

3.2.1.     receipt of the enhanced rate of the mobility component of the Personal Independence Payment (PIP);

3.2.2.     receipt of the Attendance Allowance (AA);

3.2.3.     receipt of the Severe Disablement Allowance (SDA);

3.2.4.     receipt of the War Disabled Pension;

3.2.5.     a Certificate of Visual Impairment (CVI 2003); or

3.2.6.     receipt of the middle or high rate Disability Living Allowance (DLA).

If the Disabled Supporter is not in receipt of any of the above, they can obtain a form from the Club’s Ticket Office which must be completed by a doctor stating that they require personal assistance in order to attend a Match and submit this to the Club for approval, which shall be given by the Club in its sole discretion. The decision of the Head of Ticketing shall be final.

3.3.         The Personal Assistant may only attend a Match in the position of carer to the Disabled Supporter, they are not deemed to be a Home Match Ticket Holder in their own right, and as such are not entitled to any other benefits to which a Home Match Ticket Holder is entitled. If the Disabled Supporter cannot attend a Match, the Personal Assistant will not be admitted into the Ground without such Disabled Supporter. If the Personal Assistant would like to attend the Match without the Disabled Supporter, they must be eligible to purchase their own Home Match Ticket and if they are such Home Match Ticket will be purchased at full price. Notwithstanding the foregoing, the Personal Assistant by attending the Match agrees to comply with the Terms & Conditions of Entry.

3.4.         The Personal Assistant should sit with the Disabled Supporter and assist them with their needs throughout the course of the Match. The Club will make every effort to allocate the Personal Assistant with a seat adjacent to the Disabled Supporter, however if this is not possible, the Club will allocate the closest available seat to the Disabled Supporter. The Club requires that the Personal Assistant is fully capable of meeting the needs of the Disabled Supporter.

3.5.           Failure to comply with the Terms & Conditions of Entry by any Disabled Supporter and/or their Personal Assistant may result in the ejection of both the Disabled Supporter and their Personal Assistant from the Stadium and cancellation of the Home Match Ticket(s) without refund.

4.            Use of Home Match Ticket

4.1.         Subject to clause 4.2 below, the Home Match Ticket is issued for your sole personal use, is not transferable and you shall not resell, dispose of, assign, transfer, lend or otherwise deal with the Home Match Ticket or the benefit of it to any other person without the prior written consent of the Club. Further, you shall not use the Home Match Ticket for any commercial purpose. The reference to reselling the Home Match Ticket includes: (a) offering to sell the Home Match Ticket (including, without limitation, on any website or online auction site); (b) exposing the Home Match Ticket for sale, (c) making the Home Match Ticket available for sale by another person, (d) advertising that the Home Match Ticket is available for purchase, which for the avoidance of doubt (and by way of example only), means that the Home Match Ticket may not be offered as a gift and/or prize in any promotion or competition, (e)transferring, lending or selling any Home Match Ticket to any third party as part of a hospitality or travel package, and (f) giving (or offering to give) a Home Match Ticket to any third party who pays or agrees to pay for some other goods or services (or offers to do so), all save as expressly authorised by the Premier League/Football League/Football Authority and/or the Club. For the avoidance of doubt, the Club does not sell any Home Match Tickets through any third party nor does it authorise any person to do so, (other than in circumstances where it has provided its prior written consent for such person to do so in accordance with this clause).

4.2.         If more than one Home Match Ticket is issued to you, one Home Match Ticket must be retained by you, for personal use (subject to the Terms and Conditions of Entry) and you may only purchase and resell or transfer a Home Match Ticket to a Guest (for that Guest’s personal use only) that validly formed part of your successful ballot application for a Home Match Ticket and where (1) you identify that Guest to the Club as part of your ballot application regarding the relevant Home Match Ticket (2) provide all information required by the Club in respect of the Guest; (3) and such Guest(s) at the point of your purchase of the Home Match Ticket and on the date of the Match are linked to you as family and friends on your Club My Albion online account and (4) the Club has consented to such purchase (such consent to be given at the Club’s absolute discretion), provided that such resale 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 place during the course of any business or for the purpose of facilitating any third party's business.  Such resale or transfer is hereby provided to be subject to the Terms & Conditions of Entry which will (save for any rights to transfer under this clause) apply to and bind that Guest as if he/she was the original purchaser of the Home Match Ticket (and you must inform the Guest of this). You will provide the name and address of your Guest(s) when asked to do so by any official, steward or employee of the Club and/or any Police Officer or as part of the application to purchase the relevant Home Match Ticket. You must not advertise or market the availability of a Home Match Ticket. Where a Home Match Ticket Holder holds a Home Match Ticket that has a concession rate applied to it, such Home Match Ticket Holder will not be entitled to transfer or sell such Home Match Ticket to a Guest unless such Guest (1) qualifies for the same concession applied to that Home Match Ticket or (2) the appropriate upgrade cost is paid to the Club prior to the relevant Match taking place (i.e. the difference between the price of a Home Match Ticket with a concession rate applied and the relevant full price Home Match Ticket). At the request of the Club, the Home Match Ticket Holder shall provide the Club with the name and contact details of any Guest and an up to date identifiable photograph of each Guest to be included on the relevant Home Match Ticket and any other information required by the Club in respect of the Guest attending the Match. You may not purchase or resell or transfer a Home Match Ticket to a Guest or any other person save for as permitted in these Conditions of Issue or as prescribed by the Club from time to time. Where you provide a Home Match Ticket to a Guest to attend a Match you must hold a Home Match Ticket for that Match and attend that Match with the Guest.

4.3.         The unauthorised sale or disposal of a Home Match 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 Home Match Ticket has been sold, or disposed of 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 a ticketing offence, we will notify the Police and relevant Football Authorities who may in turn notify other football clubs, event holders and/or the relevant law enforcement authorities.  The information that we share may include your personal data, including your name, contact 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.

4.4.         The Home Match 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.  Proof of age or status may be required to validate a concession rate (if applicable) at the point of purchase, the Home Match Ticket is used or attempted to be used to attend a Match and/or when evidence is requested in accordance with the terms of this clause 4.4. The Club reserves the right to require the immediate return of the Home Match Ticket at any time – if you fail to do so, it shall be deemed a breach of the Terms & Conditions of Entry.

4.5.         Any Home Match Ticket obtained or used in breach of the Terms & Conditions of Entry shall be automatically void and all rights conferred or evidenced by such Home Match Ticket shall be nullified. Any person seeking to use a Home Match Ticket in breach of the Terms & Conditions of Entry in order to gain entry to the Ground or remain at a Match will be considered to be a trespasser and will be refused entry to, or ejected from, the Ground in respect of a particular Match and the Home Match Ticket may be cancelled or withdrawn. In the event of any cancellation and/or withdrawal in accordance with this clause 4.5, no refund shall be payable. 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 (but not limited to) a claim for an account of profits made from an unauthorised use of the Home Match Ticket.

5.            Payment, Changes to Dates, Refunds & Exchanges

5.1.         Whilst the Club tries to ensure all Matches take place as scheduled, no guarantees can be given by the Club that a Match will take place at a particular time or on a particular date for reasons including (but not limited to) that the Club may need to rearrange a Match because of the requirements of broadcasters, Football Authorities, the Police or for any other reason beyond the control of the Club. Subject to Clause 5.2 below, the Club reserves the right to reschedule any Match without notice and without any liability whatsoever. The Club recommends that you visit the Club website on a regular basis to check the latest times and dates of Matches.

5.2.         The Club reserves the right to play the Match with a reduced capacity or out of view of the general public without notice and without liability whatsoever. In the event of the postponement or abandonment of the Match (or if the Match has, for any reason, to be played out of view of the public or at a reduced capacity and the Club has determined your Home Match Ticket is cancelled), an applicable  refund in respect of the relevant Home Match Ticket price will be applied by the Club and  subject to the refund being applied the Club will have no further liability whatsoever in relation to a Match being postponed, played behind closed doors, played in front of a limited capacity and the Club has determined your Home Match Ticket is cancelled, abandoned or postponed, including but not limited to any losses, liabilities, costs and expenses incurred by you, including any direct, indirect or consequential loss or damage, loss of enjoyment or travel/accommodation costs. In respect of refunds, written requests shall be considered with the final decision belonging to the Club.

5.3.         Where a national and/or local authority/body informs the Club that certain Tickets have to be withdrawn and as such your Home Match Ticket is cancelled, an applicable refund in respect of the relevant Home Match Ticket price will be issued by the Club. Subject to the refund being applied, the Club will have no further liability whatsoever in relation to your Ticket being cancelled in accordance with this clause 5.3 including but not limited to any losses, liabilities, costs and expenses incurred by you, including any direct, indirect or consequential loss or damage, loss of enjoyment or travel/accommodation costs.

5.4.         Except for the provisions set out in 5.2, 5.3 and 7.6, all Home Match Tickets are sold on a non-refundable basis.

5.5.         The cancellation rights granted to consumers pursuant to The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 do not apply to Home Match Tickets purchases. Consequently, purchasers of Home Match Tickets will not be able to cancel their Home Match Ticket purchases except in accordance with the Terms & Conditions of Entry or as otherwise permitted under English law.

5.6.         Payment for Home Match Tickets shall be made online through your online Club account using such payments methods accepted by the Club from time to time (debit card / credit card) and/or any unused and still valid e-credit issued to you by the Club as a result of the curtailment of the 2019/2020 season. Where the value of the relevant Home Match Ticket being purchased exceeds the amount of your e-credit balance on your Club online account, the remaining amount must be paid by you via an online electronic payment method accepted by the Club from time to time. No other payment methods will be accepted.

6.            Lost or Stolen Home Match Tickets

6.1.         In order to gain admission to the Ground the Home Match Ticket must be presented in its entirety at the Match.

6.2.         The Club shall not be obliged to issue any replacement for a lost, stolen or destroyed Home Match Ticket.

7.            Cancellation & Withdrawal of Home Match Ticket

7.1.         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 any other remedies or rights it may have, the Club shall have the right in the case of any unlawful behaviour, serious and/or breach of the Terms & Conditions of Entry to cancel and withdraw your Home Match Ticket. In the event of such cancellation no refund will be paid in respect of the Home Match Ticket and you can expect a lengthy and potential life ban, depending on the severity of the breach.  Without prejudice to the general nature of the above the following actions shall constitute serious breach of the Terms & Conditions of Entry:

7.1.1.     smoking in the Ground (for the avoidance of doubt this includes the use of electronic cigarettes, imitation cigarettes, personal vaporizers and the like);

7.1.2.     being (or appearing to be) to be in breach of The Sporting Events (Control of Alcohol etc.) Act 1985 and/or 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 Home Match Ticket to any person;

7.1.5.     deliberate misuse of the Home Match Ticket and/or fraudulent use of the Home Match Ticket;

7.1.6.     use (or attempted use) of a non-applicable concession Home Match Ticket without the necessary upgrade payment being made prior to entry;

7.1.7.     the supply of any false, misleading or incorrect information in any application to the Club including without limitation an application for a Home Match Ticket and/or setting up a duplicate account where the owner has previously been blocked/banned in order to obtain Home Match Tickets and/or any other match tickets;

7.1.8.     providing any information to the Club at any time (either at the Ground or otherwise) that is false, materially incomplete, misleading or which is intended to deceive the Club (or which the Club has reasonable grounds to believe is false, materially incomplete, misleading or intended to deceive) or refusing to provide information reasonably requested by the Club;

7.1.9.     purchasing a Home Match Ticket with a view to “reserving” a seat or keeping a seat unused;

7.1.10.   whether at the Ground, or, travelling to or from a Match or otherwise (including in person and on social media);

7.1.10.1.               the use of foul, incendiary, obscene, abusive, racist, sexist and/or homophobic language and/or gestures before, during or after the Match;

7.1.10.2.               fighting, or engaging in and/or inciting violence;

7.1.10.3.               the chanting of anything of an indecent, offensive or discriminatory nature before, during or after the Match; or

7.1.10.4.               acting in a manner which in the Club’s reasonable opinion is prejudicial, offensive, damaging and/or embarrassing to the Club, its team, players, employees, directors, owner, commercial partners or any other entity connected with the Club and/or is detrimental to the success of the Club on the pitch;

7.1.11.   the possession of a banner or flag that bears materials or slogans that, in the Club’s opinion, are offensive, abusive, obscene or racist;

7.1.12.   the throwing of any object within the Ground that may cause injury,  damage, distress or annoyance to people or property without lawful authority or excuse;

7.1.13.   bringing into the Ground (or using within the Ground) any illegal drugs, other illegal substances, psychoactive substances (otherwise known as legal highs), alcohol, 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;

7.1.14.   entering the playing area or any adjacent area to which spectators are not generally admitted without lawful authority or excuse;

7.1.15.   any misrepresentation in relation to clause 1.2 or where the Club reasonably believes that you are in breach of such representations;

7.1.16.   any breach of clause 1.3, 1.4 and/or 1.5;

7.1.17.   any breach of the Terms & Conditions of Entry and/or any other rules and regulations that the Club brings to your attention from time to time;

7.1.18.   breach of the terms of any membership scheme maintained or organised by the Club;

7.1.19.   any breach of clause 2;

7.1.20.   any breach of clause 10;

7.1.21.   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 Home Match Ticket or at all;

7.1.22.   failure to comply with any reasonable request made by an officer of the Club and/or emergency services; and/or

7.1.23.   any breach of the Terms and Conditions of Entry, including without limitation the Supporter Code of Conduct.

7.2.         The Club reserves the right to conduct security searches on any person, entering the Ground or who is within the Ground, for security purposes and/or where it has reason to believe that any of the breaches set out in 7.1 above has either occurred or may occur. Further, the Club reserves the right to use electronic body scanning/detection equipment for the purpose of conducting body searches and the purchase and/or use of the Home Match Ticket to enter the Ground constitutes consent to such use.

7.3.         If a Home Match Ticket 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 the Terms & Conditions of Entry and if such under 16 year old attends a Match unaccompanied their parent(s) and/or guardian(s) are deemed to have provided their permission for such unaccompanied attendance.

7.4.         In the event that your Home Match 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 Home Match Ticket or Stilecard or any other ticket connected with the Club at its discretion and to notify any Football Authority and/or other football clubs of such exclusion and/or disqualification (and the reason(s) for such exclusion and/or disqualification).

7.5.           The Club shall be further entitled to cancel and withdraw your Home Match Ticket if you are under investigation by the Police, charged, cautioned or found guilty of any violent or hate crime, any offence and/or alleged offence that was undertaken at the Ground, any football related offence anywhere in the world, or you are ejected and/or banned from any other sports stadium anywhere in the world.

7.6.         Without prejudice and in addition to any other rights available to the Club, the Club shall have the further right if it so chooses to cancel or withdraw your Home Match Ticket at its sole discretion provided that a refund is paid in respect of such unexpired Home Match Ticket.

7.7       The Club reserves the right to charge an administration fee to cancel or withdraw a Home Match Ticket. Such fee captures the administration costs of the Club.

8.            Filming, Photography and Taping

8.1.           All Home Match Ticket Holders who enter the Ground acknowledge that photographic images and/or audio, visual and/or audio-visual recordings and/or feeds (and/or stills taken therefrom) 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, editorial or marketing purposes by the Club, the relevant Football Authority or others (including commercial partners and accredited media organisations), and use of the Home Match Ticket to enter the Ground constitutes consent to such use. You further acknowledge that photographic images and/or audio, visual and/or audio-visual recordings and/or feeds (and/or stills taken therefrom) may be used (by the Club or by a third party, such as a law enforcement body) to identify you as an individual, where permitted by data protection laws, for the purposes of preventing, detecting and/or investigating crime, or any breach of these Conditions of Issue or the Terms & Conditions of Entry or any other legitimate reason detailed in the Club’s privacy policy. Please see the Club’s privacy policy which can be found on the Club’s website at https://www.wba.co.uk/privacy-policy to understand further how your personal data is processed, stored and transferred.

8.2.         All Home Match Ticket Holders agree that the Matches for which Home Match Tickets have been purchased are public, and that their appearance and actions inside and in the perimeter of the Ground where a Match occurs are public in nature, and that they shall have no expectation of privacy with regard to their actions or conduct at Matches.

9.            Exclusion of Liability

9.1.         For the avoidance of doubt nothing in the Terms & Conditions of Entry excludes or limits the Club’s liability for death or personal injury arising from its negligence, or the Club’s fraud or fraudulent misrepresentation, or any other liability of the Club that cannot be excluded or limited under applicable law.

9.2.         Neither the Football Authorities, Premier League nor the Club shall have any liability to a Home Match Ticket Holder (or any Guest or Personal Assistant) for:

9.2.1.     any interruptions and/or restrictions to the view of a Match; and/or

9.2.2.     any impact on your (or Guest’s or Personal Assistant’s) enjoyment of any Match; in each case caused by virtue of

9.2.2.1. the position of the Home Match Ticket Holder’s allocated seat and/or

9.2.2.2. a camera or other filming device(s); and/or

9.2.2.3. the match officials, stewards, Police, coaching or other staff; and/or

9.2.2.4. the actions of other spectators.

9.3.         The Club shall have no liability to you for any failure to carry out or delay in carrying out any of the Club’s obligations under the Terms & Conditions of Entry, including without limitation:

9.3.1.     Admitting the Home Match Ticket Holder to the Ground for a relevant Match;

9.3.2.     making the allocated seat detailed on the Home Match Ticket available to the Home Match Ticket Holder; or

9.3.3.     for any late delivery or non-delivery of any Home Match Ticket.

9.4.         Except for those losses set out in clause 9.1, you acknowledge that it is impossible for the Club to completely eliminate the risk of COVID-19 and as such you enter the Ground at your own risk and the Club shall have no liability to you or any other person for any loss, injury or damage whatsoever to person(s) in connection with COVID-19 and/or any other infectious disease.

9.5.         Except in respect of losses falling within clause 9.1 the Club shall not be liable for any other loss, injury or damage to persons/property in or around the Ground.

10.          People and Culture

10.1.      The Club celebrates and values the diversity brought by employees, supporters and customers and believes the Club benefits from engaging with everyone from a variety of backgrounds, thus allowing it to meet the needs of a diverse population within a multi-cultural society. It is important that Home Match Ticket holders share and are committed to these values.

10.2.      All Home Match Ticket holders agree to refrain from engaging in any conduct at any time either at the Ground or otherwise (including on social media) which is homophobic, racist or discriminates against any individual based on their characteristics, including but not limited to their age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, sex, sexual orientation, religion or belief.

10.3.      The Club operates a zero-tolerance approach to any type of discriminatory behaviour. As such any breach of this clause 10 will be deemed to be a material breach of the Terms & Conditions of Entry and shall incur the strongest possible sanction. The Club may also refer any individual in breach of this clause 10 to the appropriate authorities.

11.          General

 

11.1        Nothing in these Conditions of Issue or by being in possession of a Home Match Ticket gives any guarantee that you will be entitled to purchase any ticket at the Ground in any season.

11.2.      The Club reserves the right to amend, substitute and/or add to the Conditions of Issue from time to time and shall notify you of such changes if they materially affect your rights as a consumer. Such changes will be posted on the Club’s website and you agree to comply with such changes.

11.3.      You acknowledge that the Club will hold and process data relating to you, which may include personal data, for administrative, security and legal purposes. The personal data that you provide to the Club shall be processed, stored and transferred in accordance with the Club's then current privacy policy available at https://www.wba.co.uk/privacy-policy. In particular, we may share your personal data, including your name, date of birth, contact details and information about ticket purchases (including payment details and the names of ticket holders) with other football clubs. This data will be used for the purpose of identifying and preventing criminal and/or antisocial behaviour at matches, including racial, homophobic or discriminatory abuse, chanting or harassment. We may also share your data in order to support with the handling of fan enquiries, ticket allocation and/or to allow for rapid identification of fans in the event of incidents including health emergencies and general crowd control emergencies. In addition, you acknowledge and agree that the Club has legitimate interests in processing your personal data to ensure the safety of its staff and all those that attend a Match, and you consent to your personal data being processed, stored and transferred by the Club for the purposes of ensuring as far as is possible that those that attend a Match are safe and to support the present public health emergency relating to COVID-19. In addition, you agree to be contacted by the Club regarding your attendance at a Match and for your contact details to be given to NHS Test and Trace (or successor) who may contact you to help stop the spread of COVID-19. Any personal data will be processed by the Club in accordance with applicable laws and regulations and the applicable Club Privacy Policy.

11.4.      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.

11.5.      The Club's failure to exercise, or delay in exercising, any right, power or remedy provided by the Terms & Conditions of Entry or by law shall not constitute a waiver of that right, power or remedy. Even if the Club delays in enforcing the Terms & Conditions of Entry against a Home Match Ticket Holder, the Club will be entitled to enforce it at a later stage. If the Club does not immediately insist that you cease to do or do anything you are required to do under these Terms & Conditions of Entry, or if the Club delays in taking steps against the Home Match Ticket Holder in respect of breaches of this contract, that will not mean the Home Match Ticket Holder does not have to do those things or that the Club is prevented from taking steps against the Home Match Ticket Holder at a later date.

11.6.      The Terms & Conditions of Entry constitute the entire agreement between the Club and the Home Match Ticket Holder in relation to the purchase and use of the Home Match Ticket and neither the Club nor the Home Match Ticket 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 the Terms & Conditions of Entry which is not set therein.

11.7.      If there is any conflict, ambiguity or inconsistency between any provision of these Conditions of Issue and any provision of the Ground Regulations, the relevant provision of these Conditions of Issue shall take precedence.

11.8.      Notwithstanding any other provision in these Conditions of Issue and with the exception of any Football Authority, 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 the Terms & Conditions of Entry shall affect any right or remedy of a third party that exists or is available other than as a result of the aforementioned Act.

11.9.      These Conditions of Issue and any dispute or claim arising out of or in connection with them 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 in relation to any dispute or claim arising out of or in connection with these Conditions of Issue (including in relation to any non-contractual disputes or claims).

11.10.      The Club shall at any time be entitled to transfer its rights and obligations under the Terms & Conditions of Entry to another organisation within its group. The Club confirms that: (1) any such transfer shall not adversely impact you and/or the continued provision of a Home Match Ticket by such group company; and (ii) it shall use reasonable endeavours to inform the Home Match Ticket Holder of any such transfer (for example, by placing a notice on the Club’s website).

12.          Definitions

In the Conditions of Issue the following words and phrases shall have the following meanings:

 “Club” means West Bromwich Albion Football Club Limited.

"Conditions of Issue" means these terms and conditions (titled Home Match Ticket Conditions of Issue 2020/21) governing the issue and use of a Home Match Ticket.

“Club Coronavirus Covid-19 Policy” means the Club’s policy relating to the Coronavirus Covid-19 pandemic. The current version can be found here.

“Spectator Code of Conduct” means the set of rules issued by the Club from time to time which you must comply with in order to reduce as far as possible the transmission of COVID-19 and/or other infectious diseases. The current version can be found here.

“Disabled Supporter” means any individual who is registered with the Club as a disabled supporter in accordance with these Conditions of Issue. Registration requires proof of disability to be provided to the Club’s Ticket Office in accordance with these Conditions of Issue.

“Football Authority” means each of the Premier League, the Football League, the Football Association, the Football Association of Wales, FIFA, UEFA and any other relevant governing body of association football.

"Ground" means the football stadium, the surrounding area, and all other locations owned, occupied or utilised by the Club.

"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 that can be found at https://www.wba.co.uk/club/ground-regulations                                              .

"Guest" means a Season Ticket Holder that is also a relative and/or friend of a Home Match Ticket Holder that is (1) linked to that Home Match Ticket Holder as part of the Club’s friends and families process through the Home Match Ticket Holder’s Club My Albion online account; and (2) who would be entitled to purchase a Home Match Ticket for the relevant Match if they had made the application themselves to purchase such Home Match Ticket.

"Home Match Ticket" means a printed print at home paper ticket or other form of ticket (including e-ticket) (and/or any rights arising out of or in connection with the foregoing) for admission to a Match.

“Home Match Ticket Holder” means a person holding a current and valid Home Match Ticket.

"Match" means any football match in which the Club participates and that takes place at the Ground during Season 2020-2021 as designated upon the ticket to which these Conditions of Issue apply.

“Material” means any audio, visual or audio-visual material or any information or data.

“Personal Assistant” means an individual who is accompanying a Disabled Supporter in order to provide care to the Disabled Supporter allowing the Disabled Supporter to attend the match, is registered with the Club as the relevant Disabled Supporter’s carer / personal assistant and who would be entitled to purchase a Home Match Ticket under the Terms & Conditions of Entry.

“Season Ticket Holder” means a Club fan who purchased a 2019/2020 Club home season ticket and/or a 2020/21 Club home season ticket as part of the early bird offer on or before the 23rd March 2020 that in each case is not prohibited from attending the Match due to any law, guidance, restriction, protocol or rule from the Government, a national authority, a local authority, safety body/group, football authority and/or the Club.

"Smart Device" means any mobile phone, smartphone, Android, iPhone, Blackberry, Apple Watch (or other “smart” watch) or PDA type device that has an NFC chip and is able to store a digital wallet and receive e-tickets and can use the mobile Internet, or connect to the Internet using Wi-Fi. Such devices will be required to have a modern HTML5-compatible browser and will be required to have Javascript enabled where necessary.

“Terms & Conditions of Entry” means each of the rules and regulations of any Football Authority, the Ground Regulations, the Spectator Code of Conduct, the Club Coronavirus Covid-19 Policy and these Conditions of Issue;

"Visiting Club" means the football club playing against the Club during any Match.

Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

A reference to a statute or statutory provision shall include all subordinate legislation made from time to time. A reference to a statute or statutory provisions is a reference to it as amended, substituted, extended or re-enacted from time to time.