BRIGHTON & HOVE ALBION FOOTBALL CLUB SMARTCARD SEASON
TICKET TERMS AND CONDITIONS
Definitions
1.
In these Terms and Conditions, save where the context otherwise requires:
“Albion Stores” means retail stores operated by the Club at the Stadium;
"Club" means Brighton and Hove Albion Football Club Limited, a company
registered in England and Wales (company registration number 00081077),
whose registered office is at Maria House, 35 Millers Road, Brighton, BN1 5NP,
England and whose business address is at American Express Stadium, Village
Way, Brighton BN1 9BL;
“Direct Debit” means automatic monthly payments from a nominated bank
account;
“Direct Debit Ticket Holder” means a Ticket Holder that has elected to
make payment by Direct Debit in accordance with paragraph 13;
“e-Locations” means at seagullsdirect.co.uk, at Albion Stores, and at Stadium
food kiosks and hospitality;
“Ground Regulations” means the ground regulations issued from time to time
by the Football League and/or the Premier League, as applicable;
“Loyalty Points” shall have the meaning set out on the Website;
“Matches” means Football League matches held at the Stadium, but
excluding cup ties, play off matches and friendly matches.
“Member Discount” means Smartcard Season Ticket Holder discounts from
time to time made available to Smartcard Season Ticket Holders as notified
on the Website from time to time.
"Season" means the football season (usually running from June in a calendar year
to May in the next calendar year inclusive) for which a Smartcard Season Ticket is
valid;
“Season Ticket Fee” means the fee for the purchase of the Smartcard Season Ticket
as published on the Website or notified in writing by the Club to the Ticket Holder in
advance of a Season;
“Season Ticket Monthly Payments” means the advance monthly payments made by
Ticket Holders where they have elected to make payment by Direct Debit in accordance
with paragraph 13;
"Smartcard" means the card that is provided to the Ticket Holder and which is
activated to permit the Ticket Holder to access the Stadium during the course of the
Season for Matches and to load e-cash and receive Loyalty Points in accordance with
these Terms and Conditions;
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"Smartcard Season Ticket" means the Smartcard season ticket entitling a person to
obtain the benefits set out at paragraph 6 below subject to these Terms and Conditions;
"Stadium" means the Club's home football ground and stadium known as the
American Express Stadium at Falmer, Brighton, BN1 9BL;
"Stadium Access System" means the automated system that permits a Ticket
Holder access to the Stadium via their Smartcard;
“Terms and Conditions” means these terms and conditions as modified, updated or
amended from time to time and including all documents that are incorporated or
referred to herein;
"Ticket Holder" means the registered holder of a Smartcard Season Ticket.; and
“Website” means the Club’s website at http://www.seagulls.co.uk.
General Smartcard Season Ticket Terms
2.
The purchaser of a Smartcard Season Ticket and each Ticket Holder is subject to
these Terms and Conditions. Any individual purchasing a Smartcard Season Ticket for
a third party shall be deemed to be acting with the consent of each Ticket Holder for
whom they are making that purchase, including acting with the authority of each such
Ticket Holder to agree to these Terms and Conditions on their behalf. Following the
purchase of a Smartcard Season Ticket the Club shall only communicate with the
registered Ticket Holder (regardless of whether such Smartcard Season Ticket was
bought on their behalf or otherwise). If you are not the Ticket Holder but are consenting
to payment of the Season Ticket Monthly Payments by Direct Debit from your account,
you will be subject to these Terms and Conditions in connection with such payments
and consent to such payments being made in accordance with these Terms and
Conditions including in connection with any renewal of the Smartcard Season Ticket
where notice of renewals or other information is sent to the Ticket Holder.
3.
Smartcard Season Tickets are issued subject to the rules and regulations of the
Football League and Football Association and also any rules and regulations of
Brighton & Hove Albion Football Club, including the Club Charter and the
Ground Regulations.
4.
A valid Smartcard Season Ticket must be presented at the turnstile at all
games to gain access.
5.
The categories of Smartcard Season Ticket are set out on the Website.
6.
The Smartcard Season Ticket gives the Ticket Holder the following benefits,
subject always to these Terms and Conditions, during the Season for which it is
valid: (i)
the right to attend the Matches;
(ii)
priority booking on terms to be directed by the Club from time to time for
certain away matches and any other matches that the Club notifies from
time to time;
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(iii)
Member Discounts;
Please note that Ticket Holders must pay for admission to all cup ties, play-off
matches and friendlies, subject to the sales details at time of purchase;
7.
The Ticket Holder may only use the Smartcard Season Ticket for the seat to which it
is allocated. The Club may from time to time relocate a Ticket Holder from their usual
allocated seat to an alternative seat within the Stadium where this is required for
operational reasons. In addition, the Club reserves the right to close the whole or part of
the stands at the Stadium if circumstances dictate such action.
8.
If the Club is unable to allocate a Ticket Holder their usual seat for a particular Match,
then an alternative seat will be allocated to that Ticket Holder. Should a seat of
equivalent value not be available, the Club shall use reasonable endeavours to
find a seat which corresponds as closely as possible to the Ticket Holder's
assigned seat and/or provide a pro-rata refund if the alternative seat is not of
equivalent value and not acceptable to a Ticket Holder.
9.
A Ticket Holder (or any person purporting to be the Ticket Holder) may be required at
any time to deliver up the relevant Smartcard Season Ticket for inspection by the
Club and to prove that they are the named Ticket Holder.
10.
To access the Stadium, a Ticket Holder's Smartcard must be placed against (or
within, if applicable) the Stadium Access System as directed by the turnstile operator.
Admission will be refused to any person who attempts to use the same Smartcard
Season Ticket on more than one occasion at the same match, or use a Smartcard
Season Ticket that has been cancelled.
11.
Ticket Holders are not entitled to re-enter the Stadium if they leave the Stadium
at any time on a match day, except where the Club expressly approves such reentry. The Club will only give such approval where a Ticket Holder had a compelling
reason to leave the Stadium in the first instance (for example, reasons of medical
emergency).
Payment Terms
12.
The issue and use of a Smartcard Season Ticket is conditional upon the Ticket
Holder’s payment of the Season Ticket Fee in cleared funds in advance or subject to
the provisions of paragraph 13.
13.
Where a Direct Debit Ticket Holder elects to pay by Season Ticket Monthly
Payments, the Season Ticket Fee shall be due and payable in 12 equal
instalments monthly in advance during the Season. The Direct Debit Ticket
Holder is required to make such instalment payments in the first 2 months (i.e. in
June and July) of the relevant Season and with effect from the third month (i.e.
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August) of that Season, on each occasion that the Club successfully debits the
nominated Bank Account, the Direct Debit Ticket Holder will obtain the right to
attend Matches for the period between the due date of the Club’s last received
instalment payment and the date when the next instalment falls due, subject to
the provisions of paragraph 15. Completion of a Direct Debit instruction shall be
confirmation of the Direct Debit Ticket Holder (or the person making payment on
behalf of the Direct Debit Ticket Holder) has elected to make payment by Direct
Debit subject to these Terms and Conditions.
14.
In the event that the payment of a Smartcard Season Ticket is by way of Direct
Debit, the Direct Debit Ticket Holder must keep the Club informed of any
changes to the bank account or payment card details provided when the Direct
Debit was signed. If the Club attempts to use these details and a card or payment is
declined: (i) the Direct Debit Ticket Holder's Smartcard shall be deactivated and the
Stadium Access System will not permit the Direct Debit Ticket Holder entry to any
Matches until the Club receives the relevant instalment payment(s) in full, or to purchase
tickets on a match-by-match basis; and (ii) the Ticket Holder will be liable to pay any
resulting bank or other reasonable administrative charge or expense incurred or imposed
by the Club.
15.
If two or more Direct Debit payments have not been received by the Club for any reason,
the Club may at its option: (i) suspend the use of the Direct Debit Ticket Holder’s
Smartcard Season Ticket and all associated benefits (save for e-cash) for a period of time
until all outstanding payments are paid in full; (ii) cancel of the Direct Debit Ticket Holder's
Smartcard Season Ticket, following which the Ticket Holder's Smartcard Season Ticket
shall be deactivated and the Stadium Access System will automatically deny the
Ticket Holder entry to the Matches and recover any instalments due to the Club up to the
date of such cancellation; and/or recover arrears or outstanding payments due to the
Club from any e-cash alternative to that Ticket Holder. The Direct Debit Ticket Holder
has a right of appeal against any such suspension and/or cancellation in accordance
with paragraph 32.
e-Cash
16.
e-cash loaded onto a Smartcard Season Ticket can be used only at e-Locations
on an “as is” and “as available” basis and the Club makes no representations or
warranties, express or implied relating to the same. The Ticket Holder expressly
agrees that its use of a Smartcard Season Ticket, including without limitation any
e-cash and/or Loyalty Points is at his/her own risk.
17.
The Smartcard Season Ticket is not a credit card, charge card and is not in any
way linked to the Ticket Holder’s bank account.
18.
Certain additional Member Discounts may be made available to Ticket Holders
when using e-cash and the Club reserves the right to alter such Member
Discounts at any time, but not without prior notice which will be given on the
Website.
19.
The Club reserves the right to temporarily or permanently change, limit, suspend
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or terminate use of e-cash or Loyalty Points in connection with the Smartcard
Season Ticket without prior notice further to (i) changes in the Club’s business
practice, (ii) if the Ticket Holder violates these Terms and Conditions, or (iii) for
any other lawful reason and where such services are permanently terminated,
the Club shall refund the balance of the e-cash in accordance with the provisions
of these Terms and Conditions where such balances of the e-cash are over £10.
For the avoidance of doubt, no refunds will be made where the balance of the ecash is £10 or under.
20.
e-cash credits offered as a Member Discount will be credited to the Ticket
Holder’s e-cash balance only when it is used at the e-Location. No retrospective
cash back discount can be claimed.
21.
The Ticket Holder is responsible for all financial transactions and other activity
associated with his/her Smartcard whether or not such activity was authorised by
the Ticket Holder.
22.
Where the Smartcard has not been used for a period of twelve (12) months, the
balance of any e-cash on the Smartcard will be cancelled.
23.
Subject to paragraph 22, Ticket Holders may obtain a refund for e-cash balances
on their Smartcard Season Tickets exceeding £10 by contacting the Club in
writing. Refunds will be processed within one calendar month of receipt of a
refund request. The Club reserves the right to deny a refund if the Club (i) has
reason to suspect that the Ticket Holder is engaged in fraudulent or other
criminal activities; (ii) is prohibited from refunding the e-cash by any applicable
law, regulation, court order or instruction or guidance of a competent regulatory
authority.
24.
Where a Direct Debit Ticket Holder cancels his/her Smartcard Season Ticket
renewal or a Ticket Holder does not purchase a Smartcard Season Ticket for a
subsequent Season, the Smartcard Season Ticket facility will be terminated and
the Ticket Holder shall be entitled to use the Smartcard as an e-cash Smartcard
as set out in these Terms and Conditions. Member Discounts will not apply.
Lost, Damaged or Stolen Smartcard Season Tickets
25.
If a Ticket Holder forgets to bring his/her Smartcard Season Ticket card to a
Match, the Ticket Holder may be required to show identification to a Club official
which confirms that the user is the Ticket Holder, including proof of address. In
such circumstances the Ticket Holder will then be issued with a replacement
ticket and the Smartcard Season Ticket will be deactivated for that Match. If a
Smartcard Season Ticket is recorded as having been used to access the
Stadium, the Club will not issue a replacement ticket for that Match. Ticket
Holders will be charged the then applicable non-refundable administration fee,
currently £5 for the first reprinted ticket prior to issue, and £10 for each
subsequent replacement ticket prior to issue.
26.
The Club does not accept responsibility for lost, damaged or stolen Smartcard
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Season Tickets and the Ticket Holder is responsible for all activity associated
with his/her Smartcard up to the time of proper notification to the Club: (i) in
person at the Club ticket office; or (ii) by calling 0845 4961901 during Club office
hours. Once the Ticket Holder has notified the Club, the Club will deactivate the
Smartcard. e-cash balances on the Smartcard at the time of deactivation will be,
at the Ticket Holder’s request, either (i) transferred to a new Smartcard subject to
payment of any applicable replacement fee or (ii) refunded subject to paragraph.
27.
In the event that a Smartcard is lost, stolen or damaged, the Club will issue a
replacement Smartcard Season Ticket to a Ticket Holder subject to: (i) (in certain
circumstances, and at the Club's discretion) the requirement that the Ticket
Holder of a damaged, lost or stolen Smartcard Season Ticket attends the Club Ticket
Office in person to collect such replacement Smartcard Season Ticket and provides the
Club with satisfactory evidence of their identity; and (ii) payment of a fee to the Club
(unless the Club in its absolute discretion decides to waive such fee) and the level of
such fee shall be communicated to the relevant Ticket Holder at the relevant time. The
current administrative fee to issue a replacement Smartcard Season Ticket for a
Smartcard Season Ticket that has been damaged, lost or stolen is £25.
Cancellation, Refunds and Transfers
28.
Once a season ticket is purchased and activated on the Smartcard, the Ticket
Holder shall not be entitled to cancel their Smartcard Season Ticket and no
refunds shall be given by the Club for any Matches unattended. In particular, the
following should be noted:
(i)
The dates and times of all of the Matches are subject to alteration on a regular
basis and the Club shall have no liability whatsoever to Ticket Holders in
respect of any such alterations. The Club shall however make reasonable
endeavours to publicise any fixture changes as far in advance as possible
(including via the Website) and the Club recommends that Ticket Holders visit
the Website on a regular basis in order to check the latest dates and times of
Matches.
(ii)
Matches can be abandoned or postponed (for example, due to weather
conditions or unforeseen events) and the Club shall have no liability
whatsoever to a Ticket Holder if any Match is abandoned or postponed. Ticket
Holders shall however be entitled to attend any re-arranged version of such
Match.
29.
Smartcard Season Tickets are non-refundable and any refund shall be entirely at the
discretion of the Club and will be considered only in exceptional circumstances.
Refund values will be calculated on a pro-rata basis based on the number of
Matches remaining in the Season and may be subject to a cancellation fee to
cover the administration costs incurred by the Club in processing such a refund.
The current cancellation fee is £50.
30.
Smartcard Season Tickets are personal to Ticket Holders, are not transferable
and shall not be transferred or resold under any circumstances, save: (i) where
expressly permitted by the Club in its absolute discretion; or (ii) via any ticket exchange
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system operated by or on behalf of the Club. In particular, Ticket Holders are
expressly prohibited from using Season Tickets as gifts or prizes in any competitions or
other promotional activities of whatever nature, except where the Club (in its absolute
discretion) gives its prior written permission.
31.
The Club reserves the right to suspend the use of a Smartcard Season Ticket
and all associated benefits for a period of time, withdraw its use and such benefits
completely and/or terminate the Ticket Holder's contract for the purchase of the
Smartcard Season Ticket if: (i) the Ticket Holder (or any individual in possession
of the Smartcard Season Ticket) breaches any of these Terms and Conditions (or
the Club has reasonable grounds to suspect such a breach) or otherwise misuses the
Smartcard Season Ticket; (ii) the Ticket Holder breaches any of the terms and
conditions (or the Club has reasonable grounds to suspect such a breach) of any
other Club related scheme in which he/she is participating (including without limitation the
Loyalty Points scheme); or (iii) the Ticket Holder is prohibited (whether by law or
otherwise) from attending any football ground (including the Stadium). Save as
expressly set out in these Terms and Conditions, the Club shall not be obliged to make
any refund for unattended Matches to a Ticket Holder if their Smartcard Season Ticket
and associated benefits are suspended or withdrawn or if their contract for the
purchase of a Smartcard Season Ticket is terminated.
32.
If a Ticket Holder's Smartcard Season Ticket is suspended or cancelled in
accordance with the provisions of paragraph 15 or paragraph 31 above, the Ticket
Holder shall be entitled to appeal to the Club's management against the suspension
or cancellation (as appropriate), within a period of twelve (12) months from the date of
cancellation. Appeals should: (i) be in writing; (ii) be marked for the attention of "Ticket
Office Manager"; and (iii) set out the reasons for the appeal and why the Ticket Holder
believes their Smartcard Season Ticket should be reinstated. The Club shall respond
to the appeal in writing setting out its decision. The Club’s decision shall be final.
33.
During the suspension of and/or following the cancellation of a Ticket Holder's
Smartcard Season Ticket by the Club, the Ticket Holder shall (i) not be entitled to any
refund of instalment payments made up to the date of cancellation; (ii) shall be liable to
pay to the Club any instalment payments outstanding up to the date of cancellation; (iii)
have no greater priority than the general public in respect of the purchase of tickets for
any subsequent Matches during the remainder of the Season; (iii) may retain the
Smartcard for use with e-cash and Loyalty Points in accordance with these Terms and
Conditions, provided that the Club has the right to use any e-cash balance to pay
towards any arrears of payments owed to the Club and that any application for a refund
of e-cash is made within twelve (12) months from such cancellation; and (iv) only be
able to purchase a Smartcard Season Ticket for the following Season if all arrears of
payments to the Club have been paid in full. If any e-cash remains on the Smartcard
Season Ticket at the end of a period of twelve (12) months following cancellation, then
any e-cash balance shall be cancelled. In any event, no refunds of e-cash shall be
provided where the sum is under £10.
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Automatic Renewal
34.
Unless the Direct Debit Ticket Holder has indicated otherwise when purchasing
its Smartcard Season Ticket, the Direct Debit Ticket Holder paying for their
Smartcard Season Ticket by way of Direct Debit agrees to automatically renew
his/her Smartcard Season Ticket for subsequent Seasons until the Direct Debit
Ticket Holder gives notice in writing to the Club terminate such arrangement in
accordance with paragraph 35.
35.
The Club shall notify the Ticket Holder of any changes to the Season Ticket
Monthly Payments for the following Season not later than two (2) weeks following
the date of publication of any change in the Season Ticket Fee for that Season.
If the Direct Debit Ticket Holder wishes to cancel the renewal of the Smartcard
Season Ticket, the Direct Debit Ticket Holder shall give notice in writing to the
Club as soon as possible after the Club announces the revised monthly direct
debit amounts (and in any event within one (1) month following the date of notice
of the revised Season Ticket Monthly Payments for the following Season by the
Club under this paragraph 35), so that the Club may cancel the Season Ticket.
In the event that payment is taken by direct debit from a Direct Debit Ticket
Holder prior to the date of the Club receiving notice from the Direct Debit Ticket
Holder that they wish to cancel the automatic renewal of their Smartcard Season
Ticket under this paragraph 35, then provided the Club receives such written
notice from the Direct Debit Ticket Holder within one (1) month from the date of
notification by the Club of the revised Season Ticket Monthly Payments then the
Club will provide a refund of any such direct debit monies received from the
Direct Debit Ticket Holder. If no such notice is received by the Club, the Club
shall be authorised to continue to take Direct Debit payments for the payment of
the Season Ticket Monthly Payments for the new Season and the Direct Debit
Ticket Holder’s Smartcard will be activated for the new Season on receipt of the
first Season Ticket Monthly Payment of the new Season and any cancellation
that that Direct Debit Ticket Holder wishes to make of the Smartcard Season
Ticket shall be under paragraph 29.
36.
Nothing in these Terms and Conditions gives any guarantee that a Ticket Holder
will be entitled to renew their Season Ticket or purchase a Season Ticket in any
subsequent Season.
Liability
37.
Nothing in these Terms and Conditions shall have effect to exclude or limit
liability of the Club in connection with (i) death or personal injury caused by the
negligence of the Club (or that of its officers, directors, employees, agents and/or
contractors) or (ii) for fraudulent misrepresentation.
38.
Subject to paragraph 37 above, in the absence of negligence or other breach of
duty by the Club or its officers, directors, employees, agents and/or contractors,
the Ticket Holder will be responsible for any injury or damage to themselves or others
and/or any loss theft or damage to the property of the Ticket Holder or third parties
brought into or left in or at the Stadium.
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39.
Subject to paragraph 37, the Club shall not have any liability to a Ticket Holder in
respect of any failure to carry out or delay in carrying out any of the Club's
obligations in connection with these Terms and Conditions (including, without
limitation: (i) admitting a Ticket Holder (or any individual in possession of a Smartcard
Season Ticket) to the Stadium for a particular Match; or (ii) making a Ticket Holder's
usual or allocated seat available to them for a particular Match) which is caused by
circumstances outside the Club’s reasonable control.
40.
The Club shall not have any liability to a Ticket Holder for any late delivery or
non-delivery of any Smartcard Season Ticket, replacement paper ticket, away
match ticket, documents or other materials resulting from the actions or omissions
of any postal service provider.
41.
Subject to paragraph 37, under no circumstances shall the Club or its officers,
directors, employees, parents, partners, successors, agents, distribution
partners, affiliates, subsidiaries or their related companies be liable for indirect,
incidental, special, consequential loss and/or damages or exemplary damages
(even if the Club has been advised of the possibility of such damages), arising
out of, relating to, or in any way connected with Smartcards, e-cash, Loyalty
Points, event/game tickets, any products/services or other information we may
provide (collectively “services”), or otherwise in connection with these Terms and
Conditions.
42.
Subject to paragraph 37, the Club’s total liability (or that of its officers, directors,
employees, parents, partners, successors, agents, distribution partners, affiliates,
subsidiaries and their related companies) shall not: (i) for claims related to e-cash
services, exceed the prepaid balance on the Smartcard of the Ticket Holder on
the date the relevant claim(s) arises; and (ii) in respect of all other claims, shall
not exceed the Season Ticket Fee.
General
43.
These Terms and Conditions, together with (as appropriate): (i) any associated
online application form/process; (ii) the scripted information read out to callers to the call
centre; and/or (iii) information provided to an individual attending the ticket office (or
such other physical location from which the Club may sell Smartcard Season
Tickets; comprise the entire agreement between the Club and a Ticket Holder in relation
to the purchase of a Smartcard Season Ticket and subsequent use of a
Smartcard Season Ticket.
44.
The Club shall at any time be entitled to assign, transfer or novate the benefit
and/or burden of (and any right or obligation of the Club under) these Terms and
Conditions.
45.
These Terms and Conditions can be varied by the Club at any time on providing a
Ticket Holder with thirty (30) days notice that such amended Terms and Conditions are
available on the Club’s Website, after which time such varied terms shall apply between
the Club and the Ticket Holder.
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46.
If any of these Terms and Conditions is determined by any competent authority
to be invalid, unlawful or unenforceable to any extent, they shall, to that extent,
be severed from the remaining Terms and Conditions which shall continue to be
valid to the fullest extent permitted by applicable laws.
47.
The failure by the Club to exercise or a delay by the Club in exercising a right or
remedy provided by these Terms and Conditions does not constitute a waiver of
the right or remedy or a waiver of other rights or remedies. A waiver of a breach of
any of these Terms and Conditions does not constitute a waiver of any other breach
and shall not affect the other Terms and Conditions.
48.
These Terms and Conditions shall be governed by and interpreted in accordance
with the laws of England and Wales and subject to the exclusive jurisdiction of the
Courts of England and Wales.
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