In these terms and conditions, the following words shall
have the following meanings:
Conditions means the standard terms and conditions of sale
set out in this document; Contract means a legally binding contract made in
accordance with Condition 2 of the Conditions;
Customer means the purchaser of the Hospitality Package;
Deposit means the deposit payable as detailed on the
Seller¹s invoice or as otherwise notified by the Seller in writing;
Event means the event to which the Hospitality Package
Factsheet means the information concerning Hospitality
Packages available from the Seller as detailed in the Seller¹s marketing
literature and/or on the Seller¹s website;
Hospitality Package means the hospitality package to be sold
to the Customer by the Seller which may include without limitation;
a ticket to the Event together with
catering at the Event within the facilities at or in the vicinity of the Venue;
Price means the price of the Hospitality Package detailed on
the Sellers invoice or as otherwise notified by the Seller in writing;
Proposal means a proposal issued by the Seller to the
Customer detailing the Hospitality Package; Request means a written request by
the Customer to the Seller of the Hospitality Package; Seller means Keith
Prowse (a trading name of Compass Contract Services (UK) Limited which is
registered in England under company number 2114954);
Tickets means the tickets,
vouchers, passes or badges relating to the Hospitality Package;
Venue means the location where the Event is to be staged.
1.1 The headings
in these Conditions are for convenience only and shall not affect their
1.2 Any reference
in these Conditions to any provision of a statue shall be construed as a
reference to that provision as amended, re-enacted or extended at the relevant
1.3 Where the
context dictates in these Conditions, the singular shall include the plural and
vice versa and any gender includes the other gender.
2 Basis of Sale
2.1 The Seller may
issue a Proposal to the Customer detailing the Hospitality Package on offer or
the Customer may issue a Request to the Seller detailing the Hospitality
2.2 The acceptance
by the Seller of a confirmation of requirements for the booking of a
Hospitality Package by the Customer shall supersede any Proposal or Request
(neither of which shall have any contractual force or effect), and the
acceptance of such a confirmation shall constitute an offer by the Seller to
sell the Hospitality Package to the Customer subject to these Conditions.
2.3 Subject to the
availability of the relevant Hospitality Package at the time of such receipt by
the Seller, the receipt by the Seller of an email booking confirmation, the
receipt of a posted/faxed booking confirmation, or the receipt of the Deposit
from the Customer (whichever event shall occur sooner) shall constitute
acceptance of the booking by the Seller and shall create a Contract subject to
Conditions shall apply to the Contract to the exclusion of any other terms and
conditions on which any quotation has been given to the Customer in the form of
a Proposal, or upon which the Request is accepted or purported to be accepted
by the Seller.
2.5 Subject to
Condition 3.1 of these Conditions, no variation of the Contract shall be
binding unless agreed in writing by an authorised representative of the Seller.
2.6 The Seller¹s
employees or agents are not authorised to make any representations concerning
the Hospitality Package unless confirmed by the Seller in writing. In entering into the Contract the Customer
acknowledges that it does not rely on any such representations which are not
confirmed in writing. This Condition
shall not exclude any liability for, or remedy in respect of, fraudulent
typographical, clerical or other error or omission in any Factsheet or other
sales literature, quotation, price list, acceptance of offer, invoice or other
document or information issued by the Seller shall be subject to correction
without any liability on the part of the Seller.
3.1 Whilst every
reasonable effort will be made to ensure that the Hospitality Package is in
accordance with the details as set out on the Factsheet, the Seller reserves
the right in the Seller¹s absolute discretion to make any changes to the
Hospitality Package which do not in the opinion of the Seller materially affect
the quality of the Hospitality Package.
3.2 In the event that it is necessary for the Seller to make
any material change to the Hospitality Package (other than where due to the
circumstances set out in Condition 10.1 and/or the acts or omissions of the
Customer), the Seller will use reasonable endeavours to offer the Customer the
option of an alternative Hospitality Package of comparable standard or, where
such alternative Hospitality Package is not available or is unacceptable to the
Customer, will repay to the Customer the Deposit and any additional Price
already paid by the Customer.
4.1 Subject to
Condition 5.9 the Seller reserves the right, by giving written notice to the Customer
at any time before delivery of the Tickets, to increase the Price to reflect
any increase in cost of the Hospitality Package to the Seller including but not
limited to any foreign exchange fluctuation, currency regulation, alteration of
duties or any cost incurred by the Seller without fault of the Seller since the
issue of the Factsheet and/or invoice.
4.2 The Price
shall be exclusive of value added tax and all other applicable taxes which
shall be paid by the Customer.
5 Terms or Payment
5.1 The Deposit
shall be paid by the Customer within 10 days of receipt by the Customer of the
Seller¹s invoice and shall (save as expressly provided in these Conditions) be
5.2 On receipt of
an email booking confirmation, a faxed booking confirmation, or the receipt of
the Deposit from the Customer the Hospitality Package shall deemed to be
booked, subject to payment of the Price in full.
5.3 An invoice
detailing the amount of the Price outstanding shall be sent by the Seller to the
Customer 12 weeks prior to the Event and the Customer shall pay the remainder
of the Price in full (including any additional amount added after the Price was
initially quoted to the Customer pursuant to Condition 4.1) no later than 8
weeks prior to the Event (time for payment being of the essence).
5.4 The Price in
respect of any bookings made within 12 or fewer weeks of the relevant Event
must be paid in full by the Customer at the time of booking and the Price in
respect of any bookings made within 7 days of the relevant Event must be paid
in full by an authorised credit card.
5.5 Any additional
fees or charges for any additional goods or services provided by or on behalf
of the Seller for the Customer at the Event at the Customer¹s request which are
not included in the Hospitality Package shall be paid for in full by the
Customer by an authorised credit card.
5.6 If the
Customer fails to pay the Price in full by the due date as detailed on the
invoice, or the Customer gives the Seller notice in writing of its intention to
cancel the Hospitality Package then, without prejudice to any other right or
remedy available to the Seller, the Seller shall be entitled to cancel the
Contract and suspend provision of the Hospitality Package and any further
Hospitality Packages to the customer and;
cancellation takes place more than 12 weeks from the Event, the Seller shall
refund to the Customer any Price paid less the amount of any Deposit paid; or
cancellation takes place within 12 weeks or less prior to the Event, the
Customer shall be liable to the Seller for the Price in full and, subject to
Condition 5.7, shall not be entitled to a refund of any Price paid or the
Deposit and the Seller shall be permitted to charge the Customer interest (both
before and after any judgment) on any part of the Price unpaid at the rate of 4
per cent per annum on a daily basis above the Barclays Bank base rate from time
to time, until payment of the Price is made in full.
5.7 In the event
that the Contract is cancelled in accordance with Condition 5.6(b) and the
Seller is able to re-sell the Hospitality Package for the full Price after
payment by the Customer of the Price, the Seller shall reimburse to the
Customer the Price less the Deposit.
5.8 In the event
that the Contract is cancelled in accordance with Condition 5.6(a) and the
Deposit has not been paid by the date of cancellation, the Customer shall pay
the Deposit to the Seller immediately and the Seller shall be permitted to
charge interest on the outstanding Deposit at the rate specified in Condition
5.9 In the event
that the Seller is forced to increase the Price pursuant to Condition 4.1 by an
amount which the Customer, acting reasonably, considers excessive, the Customer
may cancel the Hospitality Package by giving written notice to the Seller
within 14 days of the announcement of the change in Price to the Customer and
the Seller shall repay the Deposit to the Customer and any additional Price
5.10The Seller reserves the right to levy a £25
administration charge for each amendment made to the original booking at the
request of the Customer.
5.11 All payments
made by credit card will be subject to a 2 per cent service charge.
6.1 Delivery of
the Tickets shall be deemed to be made on the earliest occurrence of either;
collection of the Tickets by the Customer from the Seller, or delivery of the
Tickets by the Seller to the Customer, or delivery of the Tickets by the Seller
to a third party carrier for delivery to the Customer.
6.2 Any dates
quoted for delivery of the Tickets are approximate only and the Seller shall
not be liable for any delay in delivery of the Tickets however caused. Time for delivery shall not be of the essence
unless previously agreed by an authorised representative of the Seller in
6.3 Tickets will
not be issued to the Customer prior to receipt and bank clearance of payment in
full of the Price in respect of the relevant Hospitality Package. Following receipt of the Price in full from
the Customer, the Seller shall attempt, but not be obligated, to dispatch the
Tickets and any ancillary Event information to the Customer no later than 2
weeks prior to the Event.
7 Risk and Property
7.1 Risk of damage
to or loss of the Tickets shall pass to the Customer:
(a) in the case of Tickets collected from the Seller¹s premises,
at the time when the Seller notifies the Customer that the tickets are
available for collection; or
(b) in the case of Tickets to be delivered to the Customer¹s
premises by the Seller, when the Seller leaves the Seller¹s premises to make
such delivery; or
(c) at the time of posting, if the Tickets are to be posted by
the Seller to the Customer; or
(d) at the time of the Seller handing the Tickets to a third
party, if the Tickets are to be delivered by a third party carrier.
7.2 Once risk of
damage to or loss of the Tickets has passed to the Customer in accordance with
Condition 7.1 the Seller shall not be liable to replace any lost or damaged
Notwithstanding delivery and the passing of risk in the Tickets, or any
other provision of these Conditions, the property in the Tickets shall not pass
to the Customer until the Seller has received in cash or cleared funds the
payment in full of the Price and all other sums due to the Seller from the
7.4 Until such
time as property in the Tickets passes to the Customer, the Customer shall hold
the Tickets as the Seller¹s fiduciary agent and bailee,
and shall keep the Tickets properly stored, protected, insured and identified
as the Seller¹s property.
7.5 Until such
time as property in the Tickets passes to the Customer, the seller shall be
entitled at any time to require the Customer to deliver the Tickets to the
Seller and, if the Customer fails to do so forthwith, to enter upon any
premises of the Customer or any third party where the Tickets are stored to
repossess the Tickets.
7.6 All Tickets
are non-transferable and the Customer shall not be entitled to sell or to
pledge or in any way transfer, or charge by way of security for any
indebtedness any of the Tickets.
8 Warranties & Liabilities
8.1 The Seller has
no control over the running of the Event and the Seller gives no warranty and
makes no representation that the Event shall take place and, subject to
Conditions 8.2, 8.3 and 14.8, the Seller shall not be liable to give any refund
in the event of the Event being cancelled or postponed, subject to Conditions
8.2 and 14.8.
8.2 If for any
reason the Event is postponed, the Customer¹s booking for that Event will be
valid for the re-scheduled Event (if any) save where
such re-scheduled Event takes place at a location other than the original
8.3 If for any reason
outside the control of the Seller (including, without limitation, due to the
circumstances set out in Condition 10.1) the Event is postponed, cancelled or
abandoned (whether wholly or in part) any refunds shall be at the entire
discretion of the Seller and the Customer is advised to take out its own
insurance to cover such risks and associated costs.
8.4 Subject as
expressly provided in these Conditions, and except where the Hospitality
Package is sold to a person dealing as a consumer (within the meaning of the
Unfair Contract Terms Act 1977), all warranties, conditions or other terms
implied by statue or common law are excluded to the fullest extent permitted by
8.5 Where the
Hospitality Package is sold under a consumer transaction (as defined by the
Consumer Transactions (Restrictions on Statements) Order 1976) the statutory
rights of the Customer are not affected by these Conditions.
8.6 The Customer
acknowledges that the Seller has no control over the pricing of Tickets and
that any description of the position of seats is that of the Event organiser or
8.7 Where any
valid claim in respect of the Hospitality Package which is based on the
validity of the Tickets is notified to the Seller in accordance with these
Conditions, the Seller shall be entitled to replace such Tickets free of charge
or, at the Seller¹s sole discretion, refund to the Customer the Price of the
Hospitality Package (or a proportionate part of the Price), but the Seller
shall have no further liability to the Customer.
8.8 The Seller has
no control over the running of the Event or the Venue and accepts no liability
for any acts or omissions on the part of persons organising the Event or
operating the Venue or their servants, agents, employees or sub-contractors and
makes no representation that any individual artist, performer, player or
participant shall appear at the Event.
8.9 Any complaints
concerning the Hospitality Package must be notified to the Seller in writing as
soon as reasonably practicable after the Event.
9 Limitation of Liability
Notwithstanding anything to the contrary contained in the Factsheet or
these Conditions, the Seller shall not be liable to the Customer for any
indirect or consequential loss or damage (including, without limitation, loss
of revenue, loss of profits or loss of anticipated savings) arising out of or
in connection with the performance or any breach of the Contract and the
maximum liability of the Seller to the Customer in aggregate for any and all claims
made against the Seller in contract, tort or otherwise under or in connection
with the subject matter of the Contract shall not exceed the total Price paid
for the Hospitality Package by the Customer to the Seller in respect of the
9.2 Nothing in
this Condition 9 shall operate to exclude liability for death or personal
injury resulting from the negligence of the Seller.
10 Force Majeure
10.1 The Seller
shall not be liable to the Customer or be deemed to be in breach of the
Contract or these Conditions by reason of any delay in performing, or any
failure to perform, any of its obligations in relation to the Contract or to
these Conditions if the delay or failure is due to any act beyond the Seller¹s
reasonable control, including but not limited to; any Act of God, explosion,
flood, tempest, fire or accident; war or threat of war, terrorist activity or
threat of terrorism, sabotage, insurrection, civil disturbance or requisition,
regulations, bye-laws, prohibitions or measures of any kind on the part of any
governmental or local authority, import or export regulations or embargoes,
strikes, lockouts or other industrial actions or trade disputes, power failure
or postponement or cancellation of the Event.
11 Customer Default
11.1 The Seller may
without prejudice to any rights or remedies which it may have against the
Customer defer or cancel the Contract if:
(a) the Customer commits a material breach of any of its
obligations under the Contract which is not capable of remedy; or
(b) the Customer
has committed a material breach of any of its obligations under the Contract
which is capable of remedy but which has not been remedied within a period of
10 days following receipt of written notice to do so; or
(c) the Customer
enters into any compromise or arrangement with its creditors, or if an order is
made or an effective resolution is passed for its winding up (except for the
purposes of amalgamation or reconstruction as a solvent company) or if a
petition is presented to court, or if a receiver, manager, administrative
receiver or administrator is appointed in respect of the whole or any part of
the other party¹s undertaking or assets; or
(d) the Customer (if in business) ceases or threatens to cease
to carry on its business; or
(e) the Customer (if an individual) is made bankrupt; or
(f) the Customer fails to pay the Price in full with less than 8
weeks remaining prior to the Event following the issue of an invoice requesting
payment of the Price.
12.1 The Customer
shall indemnify the Seller in full against and hold the Seller harmless from
all claims, costs, damages, liabilities, expenses (including but not limited to
legal expenses) demands and judgements awarded against or incurred or paid by
the Seller as a result of or in connection with any and all acts or omissions
of the Customer, its guests, employees, agents or subcontractors including but
not limited to acts or omissions at the Event and damage caused to the Venue by
the Customer or its guests.
13 Venue Conditions
13.1 The Customer
is responsible for its guests and will procure that its guests comply with
these Conditions (where relevant) and with any rules, regulations and
directions set down by the Seller, the Event organiser and/or the Venue owner
including, without limitation, any and all conditions of sale applicable to
13.2 The Customer
will not resell or otherwise transfer any part of a Hospitality Package.
13.3 The Customer
will not use any or part of a Hospitality Package (including, for the avoidance
of doubt, any Tickets) as prizes in competitions, sweepstakes, raffles, draws
or for other similar commercial, promotional or charitable purposes without the
Seller¹s prior written consent.
13.4 The Customer
will not display any signage, promotional material or other such items anywhere
at the Venue without the Seller¹s prior written consent.
13.5 The Customer
shall be responsible for ensuring the good and orderly behaviour of its guests
whilst at the Venue and shall ensure that any person behaving in an unruly or
abusive manner shall leave the Venue if requested to do so by the Seller and/or
the authorised staff of the Event organiser or the Venue.
13.6 As a minimum,
smart casual attire is required in the facilities at the Venue and the Seller
reserves the right to refuse admission to any person wearing inappropriate
items of clothing and/or footwear or to require any such person to leave the
Venue. Specific advice in relation to
dress code will be included in the event information section of any hospitality
documentation sent to the Customer.
13.7 Where drinks
are bought on a consumption basis, returns of open bottles of wine, spirits,
and part kegs of draught beer and lager cannot be accepted.
13.8 The Seller
accepts no responsibility for personal possessions brought into the Venue by
the Customer or its guests.
14.1 The Contract
is personal to the Customer and the Customer shall not assign or transfer or
purport to assign or transfer to any other person any of its rights or
sub-contract any of its obligations under the Contract. The Seller shall be entitled to assign or
sub-contract any of its rights, benefits and interests in or under the Contract
to third parties.
14.2 Notices shall
be deemed to be served on delivery when delivered by hand, on receipt of a
printout confirming due transmission when transmitted by electronic mail or
facsimile, or 5 days after mailing if sent by mail, provided the postage is
properly paid and such notice is correctly addressed to the respective party at
the address made known by each party prior to entering into the Contract. If a party changes its address for
notification purposes, then it shall give the other party written notice of the
new address and the date on which it shall become effective.
14.3 No waiver by
the Seller of any breach of the Contract or these Conditions by the Customer
shall be considered as a waiver of any subsequent breach of the same or any
14.4 Nothing in the
Contract or these Conditions shall constitute or be construed as constituting a
partnership or joint venture between the Seller and the Customer or shall
authorise either party to enter into contractual relationships or incur
obligations on behalf of the other party.
14.5 An entity which
is not expressly a party to the Contract has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of the Contract or these
14.6 If any
provision of these Conditions or the Contract is found by any competent
authority or a court of law to be invalid or unenforceable for any reason, the
invalidity or unenforceability of that provision will not affect the validity
or enforceability of the remainder of these Conditions and the Contract shall
continue in full force and effect.
14.7 The Seller
will use the data supplied by the Customer in order to inform the Customer of
future Events and offers. Data may be
passed to other companies within Compass Group and to affiliated organisations
including, without limitation, Twickenham Experience Limited, Oval Events
Limited and Kennington Oval Limited. For more information or should you object to the passing of data in
this way, please contact the Seller.
14.8 If Condition
8.1 of these Conditions is deleted (which shall be indicated on the invoice
issued to the Customer) separate Conditions (in lieu of Condition 8.1) will be
attached to these Conditions.
Conditions and the Contract shall be governed by and construed in accordance
with the laws of England, and the Customer agrees to submit to the
non-exclusive jurisdiction of the English courts.
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Use the words and, or, not in-between keywords as required. Keywords that are separated by spaces will have the same effect as using ‘and’
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Use these to broaden the search using one or more of the keywords, or to narrow the search (search within a search) by checking the appropriate option above the keywords and clicking on ‘Search’ after ticking the selected keyword(s).
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This policy was updated on 08 May 2018. Historic versions can be obtained by contacting us.
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We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising which could include any of the following depending on the nature of the relationship we have with you:
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).You will receive these sorts of marketing communications from us only if you have consented to receiving such information from us either in direct response to a question as to whether you wish to receive such information or by providing your contact details in response to an enquiry from us as to whether you wish to be included in such communications.
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To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data (and whether we can achieve those purposes through other means) and the applicable legal requirements.For example; by law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 7 years after they cease being customers for tax purposes and in order to defend ourselves against any contractual claims arising from the transaction in question or the end of the contractor other relationship .In some circumstances you can ask us to delete your data: see below for further information.
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You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.
There are a number of ways to manage cookies. If you use different computers in different locations you will need to ensure that each browser is adjusted to suit your cookie preferences.
You can easily delete any cookies that have been installed in the cookie folder of your browser. For example, if you are using Microsoft Windows Explorer 8:
Under certain circumstances, you have rights under data protection laws in relation to your personal data as follows:
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
N.B The image sizes shown in
this illustration are provided to you only as a guide. We recommend that
you take advice from your designer before purchasing your image.