Nine Bar Christmas 2019 Terms and Conditions
1. BOOKING CONDITIONS
Each booking shall remain provisional until Newcastle United Football Company and/or Sodexo Prestige (hereinafter referred to collectively as “the Club”) issues a Booking Confirmation and (if applicable) until any required payment and/or deposit is paid by the client.
The booking as detailed in the Booking Form shall, at the discretion of the Club, be reserved for the client for up to 14 days from the date of submission indicated on the Booking Form.
The Club shall not accept responsibility for any delay that may be caused by any Booking Form which is completed incorrectly by the Client.
For the avoidance of doubt, any terms and conditions of purchase submitted by the Client shall not be binding on the Club, even if supplied to the Club after the date on which the Client views these Terms and Conditions, and this Contract shall constitute the entire agreement between the Club and the Client, superseding and extinguishing all previous agreements, understandings and arrangements between them, whether written or oral, relating to the booking (as detailed in the Booking Form or Booking Confirmation).
The Club reserves the right to update or amend these Terms and Conditions at any time. The Club will notify the Client of such changes in writing. Such changes will not affect any orders already placed with the Club but any future order(s) made will be subject to the new Terms and Conditions. No alteration or amendment to this Contract shall be binding unless agreed in writing by the Club.
These Terms and Conditions shall not confer any right of exclusive possession upon the Client at any time. The Club reserves the right to vary at its sole discretion if necessary any allocated seating, facilities or services or any part of the designated area(s) which form part of the booking (including without limitation in the event of any construction, development, maintenance or other works, force majeure or unforeseen circumstances affecting such area(s) and/or the Stadium) in which case the Club will use its reasonable endeavours to ensure that the alternative seating, facilities or services provided are of a comparable standard and quality to those originally allocated.
Except where the Club has provided a Booking Confirmation, the Club reserves the right at its sole discretion to reject any completed Booking Form.
This Contract shall only entitle the Client to make use of the area referred to in the Booking Confirmation.
If there is any inconsistency between these Terms and Conditions and the Booking Form or Booking Confirmation, the provisions of these Terms and Conditions shall prevail.
No food, wines or spirits may be brought into the stadium by the client or its guests. We can quote for corkage if a client desires.
Prices quoted are inclusive of VAT (unless otherwise stated) at the rate which prevails when this contract was prepared and are subject to alteration should the VAT rate change. The prices quoted are in respect only of the booking of seats/tables at the function and any meals or beverages which may be specified by the Club. Additional items such as wine ordered at the table are extras and as such must be paid for (at the time of ordering)
The Club will incur no liability for any failure to provide or carry out any function if prevented from doing so by any cause beyond its reasonable control.
On home matchday’s, with a kick off time of 3pm, all guests will be guided to go to Bar 1892 for pre- dinner drinks open from 7 pm. The party venue will be available from 8 pm and dinner will be served at 8.30 pm as opposed to printed details.
2. CLIENT RIGHT TO MAKE CHANGES
2.1 If the Client wishes to make a change to the Booking Confirmation it must contact the Club. The Club will let the Client know if the change is possible. If the change is possible, the Club shall inform the Client of any changes to the price of the booking, or anything else which will be necessary as a result of the requested change. The Club will ask the Client if it wishes to go ahead with the change in such circumstances.
2.2 All bookings must be accompanied by a deposit of £10 per person of revenue in cleared funds, such sum not to be refundable in the event of cancellation of a booking by the Client in addition to any other cancellation fee payable should the booking be cancelled not more than 60 days before the date of function.
2.3 Where the Client is a consumer, the Client may exercise its applicable rights under the Consumer Contracts Regulations 2013 as applicable to online purchases (for instance, a right to a 14 day cooling off period, where applicable).
2.4 Following the issuance of the Booking Confirmation there shall be no right of cancellation by the Client 60 days or less prior to the Booking date, and the Club shall be entitled to retain any deposit paid by the Client and any other sums paid by the Client in respect of the Booking; and to the extent the whole of or any part of the Booking price has not been paid, such amount shall remain due and payable by the Client.
3. CLUB RIGHT TO MAKE CHANGES
3.1 The Club may change the booking:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement operational or technical adjustments and improvements.
4. CLIENT OBLIGATIONS
4.1 The Client shall, and shall ensure that the Client's servants, agents, employees, visitors, attendees or other invitees (“Guests”) shall:
be appropriately dressed to use the hospitality areas at the Club's premises in accordance with the then prevailing dress code policy as determined by the Club. It is the Client’s responsibility to ensure that the Guests are informed of and comply with any dress code policy. The Club reserves the right to refuse access to any person not complying with the applicable dress code policy.
refrain from damaging, altering or removing any of the fittings, furnishings or equipment at the Club’s premises or any other premises at which the booking is accommodated, and in the event of any such damage, alteration or removal the Client will pay to the Club (on demand) the cost of reinstating, repairing or replacing any such damage, alteration or removal;
comply with:
such statutes and regulations governing the use of the Club’s premises, whether made by Government or a licensing authority or otherwise including but not limited to the Football Spectators Act 1989, the Sporting Events (Control of Alcohol) Act 1985 and the Football Offences Act 1991 (all as may be amended from time to time);
such reasonable regulations as the Club, or the owners of any other premises at which the booking is accommodated, may from time to time make governing the use of the Club’s premises provided that such regulations are available for inspection by the Client;
any and all instructions of any steward or Club officer or employee and/or any police officer; and
the rules, regulations and bye-laws of FIFA, UEFA, The Football Association, The Premier League, The Football League and the Club in respect of the ground or premises regulations.
not bring onto the Club’s premises or use within the Club’s premises any equipment, which is capable of recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data in relation to a match or the Stadium; except that mobile phones shall be permitted within the Club’s premises provided that they are used for personal and private use only;
refrain from swearing, spitting, adopting unruly, inappropriate, offensive or illegal behaviour, committing acts of racial abuse or other discriminatory behaviour as to race, ethnicity, sex, sexual orientation, age religion or disability, or committing any offence;
undertake that alcohol will only be consumed in a responsible and safe manner and ensure that no Guest under the age of 18 will consume alcohol on the Club's premises;
refrain from bringing any food or beverages on to the Club’s premises;
use the Club’s premises, and any other premises at which the services subject of this Contract are provided, at all times in a proper and lawful manner and not cause nuisance, annoyance or inconvenience to any person;
not use the booking as a gift, prize or similar or for any public promotional purposes or otherwise re-sell use of the same;
not do anything which is derogatory to and/or brings the Club into disrepute; and
not make any alterations or additions to the hospitality area whatsoever (including in relation to any branding that would be visible from the Stadium bowl.
4.2 The Client shall be responsible for the behaviour of its Guests and the Client shall indemnify the Club, and the owners of any other premises at which the booking is accommodated, against any loss or damage suffered by such owners or by the Club, its employees, servants or agents and caused by the Client or any Guests.
4.3 Any person who behaves in contravention of the terms of this clause 4 or acts in a manner which the Club considers (acting reasonably) is likely to bring the Club’s good name into disrepute or is otherwise for any reason barred or banned from entering the Club’s premises, may at the Club’s sole discretion be ejected from such premises and refused admission subsequently to any part of the premises by means of any ticket admission or Package.
4.4 No booking shall be resold or transferred by the Client without the prior written consent of the Club. Any such consent shall be subject to the Client ensuring that the purchaser or transferee agrees to be bound by the Terms and Conditions set out in this Contract.
4.5 The Club reserves the right to search any person entering its premises and to refuse entry to any person refusing to submit to a search.
4.6 The prior written consent of the Club is required for any entertainment or services that the Client wishes to provide on the Club’s premises for the benefit of itself or its Guests.
4.7 The Client acknowledges that the Club’s premises is a NO SMOKING STADIUM and agrees that it will not and will procure that its Guests will not, smoke in the Club's premises, or any part of them at any time. For the avoidance of doubt, the prohibition on smoking includes the use of electronic cigarettes, personal vaporizers or any other form of electronic nicotine delivery systems.
4.8 Failure to adhere to the terms of clause 4 may result in the Client being ejected from the Club's premises and refused admission subsequently to any part of the Club’s premises by means of ticket, Booking or Package.
4.9 For the avoidance of doubt, if a Client or Guest is in breach of any of the terms of this clause 4, the Club has the right to ban the Client and their Guest(s) from the premises with immediate effect and, at the Club’s sole discretion. No refund of the Contract Price will be made to the Client if they are banned from or restricted access to the premises under such circumstances.
5. LIABILITY
5.1 Nothing in this clause 5 shall operate to exclude or limit the liability of either party for (i) death or personal injury resulting from its negligence, (ii) for fraud or fraudulent misrepresentation or (iii) for any other matter which cannot be excluded or limited by law.
5.2 Where the Client enters into this Contract as a business, the Club will not under any circumstances whatsoever be liable for any indirect or consequential loss, or loss of profit, whether direct or indirect, suffered by the Client.
5.3 Where the Client is a consumer, the Club will not be liable for any losses which the Client suffers as a result of the Club’s breach of this Contract except for losses which are reasonably foreseeable at the time the Contract is entered into, or the Club's negligence.
5.4 The total liability of the Club for any losses of the Client arising out of or in connection with this Contract shall be limited to an amount equal to the total Contract Price as specified in the Booking Form or Booking Confirmation.
5.6 The Club will take reasonable precautions for the security of the area where the booking shall be accommodated but the Club will not be liable for the loss of or damage to the property of the Client and/or Guests, whether from or in the hospitality area or elsewhere at and/or near its premises.
6. TERMINATON
6.1 The Club shall be entitled to terminate this Contract immediately by notice in writing to the Client if:
the Client commits a material breach of the Contract which cannot be remedied or which can be remedied but the Client fails to do so within a reasonable period specified by the Club;
any procedure is commenced with a view to the winding-up or re-organisation of the Client and that procedure is not terminated or discharged within 30 days;
any procedure is commenced with a view to the appointment of an administrator, receiver, administrative receiver or trustees in bankruptcy in relation to the Client or its assets and that procedure is not terminated or discharged within 30 days;
the holder of any security over the assets of the Client takes any step to enforce that security and that enforcement is not discharged within 30 days;
the assets of the Client are subject to attachment, sequestration, execution or similar process and that process is not terminated or discharged within 30 days;
the Client is unable to pay its debts as they fall due or enters into a composition or arrangement with its creditors or any class of them; or
anything similar to any of the events described in clauses 6.1(b) to 6.1(f) happens to any holding company of the Client or the Client.
6.2 The Club shall be entitled to terminate this Contract on providing 14 days' written notice to the Client.
6.3 In the event that the Club terminates this Contract in reliance upon any of clause 6.1 above or as a result of any other default by the Client, the Club shall not be under any liability to refund any part of the Contract Price and following such termination the Club shall be free to supply the booking to any other person.
6.4 The Client may terminate this Contract if the Club commits a material breach of the Contract which cannot be remedied or which can be remedied but the Club fails to do so within 30 days after being given written notice of the breach by the Client.
6.5 Termination or expiry of these Terms and Conditions shall not release the parties from any liability or right of action or claim which at the time of such termination or expiry has already accrued or may accrue in respect of any act or omission prior to such termination or expiry. Further, termination or expiry shall discharge the parties from any liability for further performance of these Terms and Conditions (save for in respect of any provision which is expressly or by implication intended to remain in force after such expiry or termination). For the avoidance of doubt, the Club shall be entitled to make available the use of the relevant area accommodating the booking to any third party following expiry or termination of these Terms and Conditions.
7. WAIVER
7.1 The rights and remedies of the parties under this Contract will not be waived by the granting of any indulgence, forbearance or extension of time by the parties nor by the failure of or delay by the parties in asserting any such rights or remedies.
8. INVALIDITY
8.1 If at any time any one or more of the provisions of this Contract is or becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions of this Contract shall not be affected.
9. DATA PROTECTION – YOUR PRIVACY
9.1 For the purposes of these Terms and the Contract:
(a) “Data Protection Legislation” means any data protection legislation from time to time in force in the UK including the Data Protection Act 1998 or 2018 or any successor legislation and (for so long as and to the extent that the law of the European Union has legal effect in the UK) the General Data Protection Regulation ((EU) 2016/679) and any other directly applicable European Union regulation relating to privacy; and
(b) the Club is the data controller in respect of the personal data (each as defined in the Data Protection Legislation) it collects, stores, processes and deletes in relation to the Client.
9.2 The Club’s Privacy Policy is available via the Club’s website. The Club will keep the information the Client provides (with other information it has from the Client’s dealings with it and its commercial partners) secure (whether the information is paper based or held in the Club’s computerised databases) and will process and use it in accordance with applicable Data Protection Legislation to:
(a) (for the performance of the Club’s obligations under these Terms and the Contract (as applicable)) administer any services and/or products provided to the Client;
(b) (only where the Client has given its express consent to receiving communications from the Club) understand the Client’s preferences and profile so that the Club can improve the services it offers and provide the Client with offers that it believes will be of interest to the Client; and
(c) (only where the Client has given its express consent to receiving communications from the Club) enable the Club to provide the Client directly with promotional offers, materials or information which the Club believes may be of interest to the Client.
9.3 Offers and opportunities: The Club teams up with a selection of carefully chosen commercial partners to bring clients and fans a diverse range of opportunities and offers (including financial services offers) at competitive prices (an up-to-date list of partners and details of the offers they may make can be seen on the Club’s website or obtained from the Club at St James' Park, Newcastle Upon Tyne, NE1 4ST). The Club will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Client’s personal data (as defined in the Data Protection Legislation) to any commercial partner for the purposes of the Contract. Where the Client ticks the appropriate box(es) on the Booking Form the Client consents expressly to the Club and/or the Club's commercial partners (as applicable) contacting the Client with details of offers by (i) post, (ii) telephone, (ii) text/picture/video message, (iv) digital television, (v) fax or (vi) by e-mail; in each case, only where the Client has given its express consent to the Club processing its personal data (as defined in the Data Protection Legislation) in such manner and being contacted by a commercial partner of the Club via such means. The Client can withdraw such consent at any time by contacting [email protected].
9.4 The Club's commercial partners may let the Club know if the Client has expressed an interest in their offer(s). The Client is under no obligation to buy anything from the Club or any commercial partner to whom the Club may lawfully share the Client’s personal data by express consent under this Contract
9.5 Monitoring Calls: We may monitor or record calls for security purposes and to improve the quality of our services to the Client.
9.6 The Client’s rights: The Client has the right to request a copy of the personal data and other information the Club holds about it and to correct any inaccuracies. The Client can withdraw its consent from being contacted by the Club and/or its commercial partners at any time by contacting the Club at the address below or by following the ‘unsubscribe’ instructions set out with each offer received. The Club’s full privacy policy is available free of charge on the Club’s website or from The Data Lead, St James' Park, Newcastle Upon Tyne, NE1 4ST.
9.7 Further details of the Club’s data protection practices and on how the Club will collect, store, process and delete the Client’s personal data are set out in the Club’s privacy notice (a copy of which is acknowledged when the Client agrees to enter into the Contract).
10. GOVERNING LAW AND JURISDICTION
10.1 This Contract is subject to English Law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.