Club season ticket terms and conditions

AFC BOURNEMOUTH FOOTBALL CLUB LIMITED

SEASON TICKET

CONDITIONS OF ISSUE

1. Issue of season ticket

1. The issue of a season ticket and subsequent access to the ground is subject to the terms & conditions of entry (which can be found on – or accessed via – the club’s website at www.afcb.co.uk or can be provided upon written request to the club).

2. Season tickets are for the use of supporters of the club only. By applying for a season ticket and/or using the same you hereby warrant and represent that you are a supporter of the club.

2. Admission to the ground

1. By purchasing and/or accepting and/or holding a season ticket and/or using a season 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.

2. A season ticket permits you to occupy at the match the seat indicated on the season ticket 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 season ticket shall be for the purposes of private enjoyment of the match only, not for any commercial purpose (and no authorisation is given or implied in respect of the carrying out of any commercial activities).

3. Nothing in these conditions of issue shall constitute or imply any entitlement to occupy the seat indicated on the season ticket in any subsequent season.

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 EFL and/or the club.

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, transmitting, playing, issuing, showing, or any other communication of any Material for any commercial purposes); and (b) no material that is captured, logged, recorded, transmitted, played, issue, shown or otherwise communicated 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.

6. 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 2.4 above, or pursuant to clause 2.5 above, or otherwise) is hereby assigned to the EFL, 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) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to the EFL absolutely and with full title guarantee.

7. 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.

8. 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.

9. 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.

10. Without prejudice to the representation at clause 1.2 above, and in light of the season ticket holders being grouped together in designated areas, any attempt to gain access to the Ground wearing or carrying apparel (including, without limitation, hats and/or scarves) that demonstrate support for the away 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 season ticket

You may only sell or transfer the season ticket;

1. 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 place during the course of any business or for the purpose of facilitating any third party’s business; and/or
   2. To any person without the express written consent of the club, provided that such sale or transfer is in respect of an individual match and is made via (and in accordance with the terms and conditions of) the official ticket exchange only.
   3. Each such resale or transfer is hereby provided to be subject to the terms and conditions of entry which will (save for any rights to transfer under this clause) apply to and bind the recipient of the season ticket as if he/she was the original purchaser of the season ticket (and where the season ticket is sold or transferred to a guest pursuant to clause 3.2.1 you must inform them of this).

Each such resale or transfer is hereby provided to be subject to the terms and conditions of entry.

4. Changes to dates, refunds and exchanges

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 season ticket will enable you to attend the re-arranged match.

2. The club will have no further liability whatsoever, including (but not limited to) any indirect or consequential loss or damage, loss of enjoyment or travel/accommodation costs.

3. In the event of the postponement or abandonment of the match before kick-off, ticket holders can use their original ticket for the rearranged game. If a match is abandoned after kick-off, spectators are entitled to half price admission to the rearranged match.

5. Lost or stolen season tickets

1. In order to gain admission to the ground, the season ticket must be presented in its entirety at every match. If applicable, the numbered vouchers must be torn from season ticket books in the presence of the turnstile operator/attendant.

2. In the event that you forget your season ticket in respect of any individual match, the club shall not be obliged to admit you or issue any other form of ticket for that match. A £5 ticket reprint is payable for forgotten season ticket cards and/or Matchday tickets. A £10 Season Ticket reprint is payable for lost season ticket cards.

3. If, in the club’s opinion, a season ticket is damaged, lost, stolen or destroyed, a duplicate season ticket shall be issued by the club as soon as reasonably practicable after the payment of a non-refundable administration charge of TEN pounds. In making its decision, the club shall be entitled to call for all reasonable evidence of the need for a replacement season ticket, for example but not limited to a police crime reference number in the event that a season ticket is stolen, or a copy of the damaged season ticket. Only one duplicate season ticket will be issued to you per season and you will be required to sign a document confirming that the original season ticket 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.

4. Should any season ticket when applied for not arrive in the post after purchase, you will be required to sign a document confirming this and undertaking to immediately return the original season ticket to the club should it come into your possession at any time. There will be no charge for the issue of a duplicate season ticket in this instance.

6. Change of address

1. If you change your address during the season you must notify the club as soon as reasonably practicable by e-mailing the ticketing team via [email protected] or writing to; The AFC Bournemouth Ticketing Team, Vitality Stadium, Bournemouth, BH7 7AF.

7. Cancellation and withdrawal of season ticket

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 the terms & conditions of entry to cancel and withdraw your season ticket. In the event of such cancellation no refund will be paid in respect of any unexpired portion of the season ticket. Without prejudice to the general nature of the above the following actions shall constitute serious breach of the terms & conditions of entry:

1. Smoking in designated non-smoking areas.
2. Seeing (or appearing to be) intoxicated.
3. Persistent standing in seated areas whilst the match is in progress.
4. The sale or transfer (save as permitted) of a season ticket to any person.
5. The possession of a banner or flag that bears material or slogans that are offensive, obscene, abusive or racist.
6. The deliberate misuse of a season ticket.
7. The supply of any misleading or incorrect information in any application.
8. 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.
9. Whether at the ground, or, travelling to or from a match:
- 1. The use of foul, obscene, abusive and/or racist language and/or gestures.
- 2. The chanting of anything of an indecent or racist nature.
- 3. Fighting or engaging in and/or inciting violence.
10. Bringing into the ground (or using within the ground): illegal drugs, other illegal substances, fireworks, firecrackers, smoke canisters, air horns, flares, laser devices, bottles, glass vessels or any item that might be used as a weapon or compromise public safety.
11. entering the playing area or any adjacent area to which spectators are not generally admitted without lawful authority or excuse.
12. any misrepresentation in relation to clause 1.2 above.
13. breach of the terms of any Membership.
14. any breach of clauses 2.4, 2.5 or 2.6 above; and
15. any failure to pay or default of payment in respect of any sums owing to the Club (or any third party) in respect of any Season Ticket.

2. The club may conduct security searches where it has reason to believe that any of the breaches set down in 7.1 has either occurred or may occur.

3. If a season 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 and conditions of entry.

4. In the event that your season 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 match ticket or season ticket 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).

8. Filming, photography and taping

1. All season 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 game and/or for promotional, training, editorial or marketing purposes by the club, the Premier League, or others (including commercial partners and accredited media organisations), and use of a season 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 or detecting crime, or any breach of these conditions of issue or the terms & conditions of entry.

2. All season ticket holders agree that the matches for which season 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

1. 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.

2. Neither the Premier League nor the club shall be responsible for any interruptions and/or restrictions to the view of the match caused by virtue of (a) the position of the seat and/or (b) the actions of other spectators.

3. [The club hereby excludes any liability for any loss, injury, costs, expenses or damage of any kind connected to your use of the Official Ticket Exchange, including, without limitation, any liability relating to any problem with, suspension of or termination of the Official Ticket Exchange, in each case 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.]

10. General

1. The club reserves the right to change these conditions of issue from time to time, at the club's discretion and without prior notice.

2. You acknowledge that the club will hold and process data relating to you, which may include personal data, for administrative and legal purposes. The personal data that you provide to the club shall be processed, stored and transferred in accordance with the terms of the club's then current privacy policy available from www.afcb.co.uk

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 this agreement 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.

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.

5. The terms and conditions of entry constitute the entire agreement between the club and the season ticket holder and neither the club nor the season 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 and conditions of entry which is not set out therein.

6. 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.

7. 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 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.

8. 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).

11. Definitions

In the conditions of issue the following words and phrases shall have the following meanings:

- “Away Club” means the football club playing against the club.
- "Conditions of Issue" means these terms and conditions governing the issue and use of a season ticket.
- “Football authority” means each of the Premier League, The Football League, The Football Association, The Football Association of Wales, FIFA, UEFA and other relevant governing body of association football.
- "Ground" means the football stadium 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.
- "Guest" means a relative, friend, colleague and/or companion to the disabled who would be entitled to purchase a Season Ticket under the Terms & Conditions of Entry.
- "Match" means any Premier League football match in which the club participates and that takes place at the Ground during Season 2019/2020.
- “Material” means any audio, visual or audio-visual material or any information or data.
- Membership” means any rules and regulations agreed in relation to your participation in the Club’s membership scheme which can be found at www.afcb.co.uk
"Official Ticket Exchange" means the club's authorised ticket resale facility [which as at the date hereof is Twickets.]
- "Season Ticket" means a season ticket booklet (and all or any component vouchers therein) or any season ticket smartcard (and/or any rights arising out of or in connection with any of the foregoing) for admission to matches.
- "Terms & Conditions of Entry" means each of the rules and regulations of any football authority; the ground regulations; and the conditions of issue.