2017 FORMULA ONE PADDOCK CLUB™ STANDARD TERMS & CONDITIONS
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1. DEFINITIONS AND INTERPRETATION
The following definitions apply unless the context requires otherwise:
“Authorised Seller” means a person who has been authorised in writing by FOHES to sell Tickets in respect of any Event (together the “Authorised Sellers”);
“Authorised Sellers Agreement” means an agreement between an Authorised Seller and FOHES in respect of the purchase and sale of Tickets (together the “Authorised Sellers Agreements”);
“Caterer” means the persons or organisations appointed by or approved by FOHES to provide catering, food and beverage services for the Facility in respect of the relevant Event;
“Circuit” means a circuit at which an Event is held including any and all areas, buildings, structures, facilities, services and fit out located within such circuit;
“Client” means a Purchaser and a Ticket Holder;
“Event” means a round of the 2017 FIA Formula One World Championship™ or part thereof (including days on which practice, qualifying and any support races take place) other than rounds in Australia, Brazil and Singapore;
“Event Period” means such Opening Hours and day(s) as FOHES advises the Client that the Facility is open and available to the Client for the relevant Event;
“Facility” means the area notified to the Client by FOHES as being the area in which Formula One Paddock Club™ hospitality is provided;
“FOHES” means Formula One Hospitality and Event Services Limited of 6 Princes Gate, London SW7 1QJ, England or such other address as it may from time to time operate;
“FOWC” means Formula One World Championship Limited of 6 Princes Gate, London, SW7 1QJ, England or such other address as it may from time to time operate, and/or where the context requires shall include Formula One Management Limited (“FOM”), acting as its business manager;
“FIA” means the Fédération Internationale de l’Automobile, place de la Concorde 8, 75008 Paris, France or such other address as it may from time to time operate from or any employee, representative, agent or contractor acting on the FIA’s behalf;
“Opening Hours” means the hours of the relevant day during which the Facility is open to the Client as advised by FOHES from time to time;
“Order Confirmation” means a written confirmation by the Seller to the Purchaser that the Registration Form has been received and accepted;
“Paddock Club™ Parking Ticket” means a parking ticket or sticker issued to a Client by FOHES permitting parking in a Paddock Club™ Parking Area;
“Paddock Club™ Parking Area” means a dedicated parking area notified to the Client by FOHES at an Event for use by Clients who hold Paddock Club™ Parking Tickets;
“Purchaser” means the party named on the Order Confirmation (or such other person or organisation as may be substituted therefore with the written consent of FOHES) and where the context so requires shall include any employee, representative, agent or contractor acting on the Purchaser’s behalf;
“Registration Form” means an application for Tickets on a standard FOHES application form (or on such other document as may be acceptable to FOHES from time to time);
“Seller” shall mean FOHES or an Authorised Seller in its capacity as seller of the tickets, as the case may be;
“Terms and Conditions” means these Formula One Paddock Club™ standard terms and conditions;
“Three Day Ticket” shall mean a Ticket valid for the Opening Hours on the Friday, Saturday and Sunday of an Event;
“Ticket(s)” means a ticket, voucher or other form of pass issued by FOHES permitting access to the Facility during the Opening Hours on a particular day of an Event;
“Ticket Holder” means the user of a Ticket for an Event;
“Ticket Price” means the price advised and confirmed by the Seller as being payable by the Client for the Tickets, exclusive of any and all applicable taxes;
“Total Fee” means the amount payable under these Terms and Conditions by the Client to the Seller, being the Ticket Price plus any applicable taxes required under relevant tax law (including but not limited to sales taxes, value added taxes and similar taxes);
“Two Day Ticket” shall mean a Ticket valid for the Opening Hours on the Saturday and Sunday of an Event.
(a) Headings are for convenience only and do not affect interpretation.
(b) The singular includes the plural and conversely.
(c) A reference to conduct includes, without limitation, an omission, statement or undertaking, whether or not in writing.
(d) Where there are two or more parties named as the Client, a reference to a right or obligation of the Client confers that right, or imposes that obligation, as the case may be, jointly and severally.
2.1 Binding Agreement
(a) Subject to clause 2.1(b) below, these Terms and Conditions constitute the entire agreement between FOHES and the Client for the purchase and/or use by the Client of one or more Tickets and shall be deemed to have been accepted by the Client when the Client or Authorised Seller on behalf of
the Client submits a Registration Form to the Seller and/or uses a Ticket at an Event.
(b) Authorised Sellers are additionally bound by the terms of any Authorised Sellers Agreements to which they are a party.
(c) By using the Ticket, each Ticket Holder acknowledges and agrees that he or she shall adhere to these Terms and Conditions.
2.2 FOHES Reservation of Rights
Notwithstanding anything elsewhere contained in these Terms and Conditions, FOHES reserves the right (exercisable in its absolute discretion) to determine whether or not any requests contained within a Registration Form (or otherwise) for the purchase of Tickets are accepted.
3. TICKETS AND PAYMENT
3.1 Total Fee
(a) The Client shall pay to the Seller the Total Fee on or
before such date(s) as the Seller notifies the Client on the Order Confirmation and/or on the relevant invoice and if so required by the Seller in the case of large bookings or bookings for private or shared suites, a non-refundable deposit of 25% of the Total Fee (“Deposit”) payable by such date as the Seller shall advise the Client and time shall be of the essence.
(b) No withholding in respect of any taxes will be made from any payments made by the Client to the Seller under these Terms and Conditions, unless required by law. If any
taxes are so required to be withheld from any sums paid or payable under these Terms and Conditions by or on behalf of the Client to the Seller, the Client undertakes to pay forthwith to the Seller such additional amount as will, after such withholding or deduction has been made, leave the Seller in the same position as it would have been in the absence of the requirement to make such withholding or deduction.
3.2 Issue of Tickets
(a) FOHES shall be under no obligation to issue any Tickets or provide any other benefits in relation to the Facility until the Total Fee (and, if relevant, the Deposit) has been received by FOHES in cleared funds no later than the dates specified by FOHES and time shall be of the essence in that regard. If only part payment of the Total Fee is received by FOHES, FOHES may (exercisable in its absolute discretion), provide to the Purchaser that number of Tickets which equates to the pro rata portion of the Total Fee received. The Purchaser agrees that subject to Clause 10.2, notwithstanding the supply of fewer Tickets, the Purchaser remains liable to FOHES for the balance of the Total Fee.
(b) Subject to these Terms and Conditions, FOHES agrees to issue to the Purchaser the number of Tickets for which full payment of the Total Fee has been received. Lost Tickets will
not be refunded or replaced without the consent of FOHES (exercisable in its absolute discretion). Subject to Clause 10.2, in the event that FOHES advises the Purchaser that it is unable (or there is not sufficient space or availability) to provide the Purchaser with the number of Tickets to the Facility for which payment of the Total Fee has been made, FOHES shall, within 60 days of FOHES advising the Purchaser, refund to the Purchaser an amount equal to the price paid by the Purchaser for such number of the Tickets as FOHES does not provide and FOHES shall have no further liability or obligation in respect of such Tickets.
3.3 Ticket Collection
FOHES reserves the right to nominate and notify the Client (either directly or through the Authorised Seller) of the location where (and when) the Client can collect Tickets for which full payment has been received by FOHES.
3.4 Additional Tickets Ordered During an Event
Additional requests to purchase Tickets during an Event may be accepted by FOHES (in its absolute discretion) and subject to such conditions as FOHES may advise which may include immediate payment in a form and by such payment procedure as FOHES may advise.
(a) FOHES shall have the right to determine any and all terms and conditions relating to cancellation and/or refunds (if any) from time to time.
(b) Subject to clause 10.2, no refunds will be given in the
event of cancellation or postponement of part or all of an Event unless otherwise agreed by FOHES (in its absolute discretion).
(c) Once the Registration Form has been submitted, no exchange or cancellation of any Ticket will be permitted, except as authorised by FOHES from time to time.
(d) FOHES may (in its absolute discretion) refuse to accept Registration Forms and/or cancel Ticket orders from anyone it believes intends to offer a Ticket for resale or contrary to these Terms and Conditions.
(e) Tickets are sold as Two Day Tickets or Three Day Tickets only.
4. USE OF FACILITY
4.1 Alterations to Facility/No Advertising or Promotions
(a) Subject to Clause 4.1(b) no alterations or additions to either the Facility or any use of the Facility other than the use permitted by these Terms and Conditions will be allowed without the prior written consent of FOHES (exercisable in its discretion).
(b) Where the Client is permitted use of a dedicated area within the Facility (as determined by FOHES), the Client may, at its own cost, decorate or theme the inside of such dedicated area, provided that:
1) no items displayed (including signage) are visible from the outside of such dedicated area unless the Client has obtained the prior written consent of FOHES; and
2) the Client ensures that any and all references to the name of the relevant Event (or to any other round of the FIA Formula One World Championship™) that appear in or on any materials located inside (or accessible from) the Facility correctly refer to the full and official name of the relevant Event (or the full and official name of any other round of the FIA Formula One World Championship™ as the case may be) and have been approved in writing in advance by FOHES.
(c) Unless otherwise agreed in writing between the Client
and FOHES the Client is fully responsible and liable for transporting all decorating/theming materials and other property belonging to it and for any damage caused within the Facility by such materials or property.-->
(d) The Client is liable for and hereby agrees to indemnify and
hold harmless FOHES from and against any claim, loss (including without limitation, indirect loss, consequential loss or loss of profit), damage, cost or expense (whether in tort, contract or otherwise) arising from or connected with the transport, installation, erection, display, use, safekeeping, dismantling or removal of such materials and property. The Purchaser is liable for and must indemnify and hold harmless FOHES against any and all costs and expenses howsoever incurred in relation to any alterations or additions made by it or on its behalf.-->
(e) Except with FOHES’s prior written consent or as otherwise provided for in Clause 4.1(b) the Client shall not undertake advertising or promotional activity at the Facility, including, without limitation the displaying of any corporate signage or corporate identification within or outside the Facility.
4.2 Nature and Location of the Facility/Grandstand Seats
FOHES reserves the right to determine (in its absolute discretion) the nature and location of the Facility and any
dedicated areas within the Facility at any Event in all respects including, without limitation, whether or not (and if so, any conditions upon which) FOHES may provide grandstand seating (if at all) and if grandstand seating is provided by FOHES (in its absolute discretion) the type and position of any grandstand seating so provided.
4.3 Restricted Access Tours
(a) Subject to FOHES’s absolute discretion, the Client may be permitted to participate in a guided tour of certain restricted areas of the Circuit during the Event Period (“Restricted
Access Tours”), the availability of which shall be notified by FOHES to the Client from time to time.
(b) FOHES reserves the right to require at any time that each Client wishing to participate in any Restricted Access Tours shall sign a waiver and release of liability form(s) as a condition of being granted access to the Restricted Access Tours.
5. NO USE OF TICKETS IN PROMOTIONS
(a) (b) The Client shall not, without the prior written consent of FOHES (exercisable in its absolute discretion) do any act or thing to imply or give the impression that 1) it or its activities
are connected to or endorsed by the Formula One Paddock Club™ or FOHES and its affiliates or 2) that it is a title sponsor of or supplier to, or is in some way associated or affiliated with, the FIA Formula One World Championship™, the relevant Event or the Facility or in some other way connected to FOHES, that Event or the Facility.
6. NO ON-SELLING
The Client shall not sell, offer to sell, on-sell, exchange for fee, reward or other valuable consideration, assign, sublet,
encumber, licence, sub-licence, transfer, dispose of or otherwise deal with any of the rights, benefits or obligations contained in these Terms and Conditions nor sell or offer to sell any Ticket(s) to a third party without first obtaining the prior written consent of FOHES (exercisable in its absolute discretion) and which may include such conditions as FOHES thinks fit. This is a fundamental condition.
7. RESTRICTIONS ON USE OF NAMES AND LOGOS
(a) The Client shall not use any of the expressions “Formula
One™”, “Formula 1®”, “F1®”, “FIA Formula One World Championship™”, “Formula One Paddock Club™”, “Paddock Club™” or any trade marks (whether registered or unregistered) or logo(s) pertaining thereto or any other intellectual property right owned by FOHES, FOHES’s affiliates or by any third party except with the prior written consent of FOHES, FOWC, FOM or the relevant owner or licensee of such trade mark or other intellectual property right.-->
(b) The Client shall not use the name of the relevant Event (or
the name of any other round of the FIA Formula One World Championship™) or part thereof (nor any abbreviation or
foreign language version thereof) nor any logo or graphic device of or relating thereto for any commercial purpose whatsoever without the prior written consent of FOHES first being obtained (exercisable in its absolute discretion). This is a fundamental term.
(a) FOHES is exclusively entitled to procure or authorise the
provision of all catering, food and beverage services for the Facility at the relevant Event and may appoint the Caterer and such other persons as it thinks (in its absolute discretion) fit to provide such catering, food and beverage services (or part thereof).-->
(b) Clients are permitted to eat such food and beverages as are
provided in the Facility by the Caterer free of charge but are not permitted to bring food or beverages of any description into the Facility without the prior written consent of FOHES (in its absolute discretion).-->
9. CLIENT OBLIGATIONS AND ACKNOWLEDGEMENTS
9.1 Display of Tickets
Clients shall comply with all security arrangements and display in a clear and visible manner at all times on entry to and within the relevant Event and the Facility, the correct Ticket (and if requested by FOHES wear a corresponding wristband at the Event) at all times upon entry to and whilst within the Facility and in any area of the Event where the Ticket permits access. FOHES and/or its representatives reserve the right to refuse entry to the Facility to any Client or any other person who does not comply with the security arrangements or who is not displaying such Ticket and/or is not wearing such wristband, and FOHES and the Caterer each reserve the right to refuse service to a person who is not displaying such Ticket and/or is not wearing such wristband within the Facility.
9.2 Compliance with Directions
The Client shall comply with:
(a) any security arrangements, directions or notices displayed
or given by officers, employees or agents of or persons authorised by the FIA, FOWC, FOM, FOHES or the promoter of the relevant Event including, without limitation, notices, directions or other requirements (including security checks) relating to access and security at that Event, medical matters, evacuation procedures or the conduct of the Client(s) at that Event;-->
(b) the conditions of sale attaching to the relevant Event and the
conditions of entry displayed at the entrances to that Event (or elsewhere within the relevant circuit); and
(c) all laws, regulations or requirements of any authorities (including, without limitation, the FIA, FOWC, FOM, Formula One Marketing Limited (“FOML”) and the promoter of the relevant Event) having jurisdiction over the activities of FOHES, the Event and/or the use or occupancy of the Facility.->
9.3 Clients under the age of 18
Any Client who is under 18 years of age must be accompanied and supervised at all times by an adult Ticket Holder.
Notwithstanding the foregoing, FOHES reserves the right not to admit to the Facility at any Event (or sell Tickets for use by) any child of seven years of age or under.
9.4 Client Acknowledgments and Liability
The Client acknowledges and accepts that:
(a) motor racing, the relevant Event and certain activities
associated therewith (including, without limitation, support races and support events and activities) are dangerous and that some personal risk may be involved in attending the Event and therefore attendance by a Client is entirely at its own risk;
(b) the Client, to the fullest extent permitted by law hereby:
i. excludes, releases and forever discharges FOHES, FIA, FOWC, FOM, the sporting organiser, the relevant national sporting authority, the promoter of the relevant Event, Formula One Licensing B.V., Formula One Asset Management Limited, FOML and any other persons or organisations involved in the organisation, conduct and promotion of the Event (the “Indemnified Parties”) from all liability for claims, loss (including, without limitation, any indirect loss, consequential loss or loss of profit), damage, injury, costs or expenses whether in tort, contract or otherwise arising from or connected with the Event including without limitation any occurrence of fire or theft; and
ii. indemnifies and holds harmless and agrees to keep indemnified and held harmless each of the Indemnified Parties against any such claims, loss (including any
indirect loss, consequential loss or loss of profit), damage, costs or expenses brought by, or arising from any act or omission by it, save that nothing in these conditions limits or excludes (A) liability for death or personal injury arising out of the negligence of any of the Indemnified Parties or (B) any damage incurred by way of fraud or fraudulent misrepresentation by any of the Indemnified Parties.
(c) Without prejudice to Clause 9.4(e), it is a condition of admission to the relevant Event that each Client agrees that:
i. notwithstanding Clause 9.4(c)(ii), no Client shall make, create, store, record or transmit any kind of sound recording or visual or audio-visual footage (“Recording”) including photographic images and any still pictures derived or capable of being derived from a Recording (“Image”) or store, record or transmit any information or other data, including official timing, results, performance, telemetry, weather or race control data (“Data”) of, at or in relation to the Event and Clients are forbidden from taking into the Facility or Restricted Access Tours any equipment that may enable a person to carry out any of the aforementioned acts;
ii. personal electronic devices (including but not limited to still image cameras, mobile telephones, other personal communications devices and other electronic devices such as drones) are permitted within the Facility and during Restricted Access Tours unless otherwise advised, provided that any Recording, Data or Image of the Event that is recorded, stored and/or created thereon is used
only for the personal and private enjoyment of the Client creating the Recording, Data or Image (which does not include use in social media);
iii. the use of any such Recording, Data or Image for any form of public advertisement, display, commercial gain or for any other purpose (except for the non-commercial use, private and personal enjoyment of the Client (which does not include use in social media) without the prior
written consent of FOWC or FOM, is strictly forbidden and shall constitute a breach of these Terms and Conditions for which the Client may be liable;
iv. upon the request of FOHES, FOWC or FOM, the Client shall assign to FOWC in writing the copyright and all other intellectual property rights in any Image or Recording of the Event that is created and/or recorded by the Client;
(d) FOHES reserves the right (exercisable in its absolute
discretion) not to allow personal electronic devices to be taken into or used at or within the Facility or during Restricted Access Tours;
(e) By purchasing a Ticket and/or by attending the relevant Event each Client:
i. consents to the use by FOHES, FOML, FOWC, FOM (and by any third party approved by FOHES, FOML, FOWC or FOM) for the purposes of or in connection with any publication, exhibition or broadcast (including any advertising or promotional literature, campaign or material) in any media worldwide and approved by FOHES, of any still or moving image taken at the Event, where such image includes any image of the Client;
ii. waives its personality rights to the extent necessary to permit such use; and
(f) The Client unconditionally and irrevocably constitutes and appoints FOHES as its attorney to do, perform and execute all things and documents as may be necessary or desirable to transfer or assign any rights in or to such still or moving images, referred to in Clause 9.4(e) above, to give effect to the same.
9.5 Liability for loss or damage to Property
The Client acknowledges and accepts that:
(a) any property brought into the Facility or the Paddock Club™ Parking Area by the Client shall be at its own risk; and
(b) FOHES and its affiliates shall not be responsible for any loss of or damage to, howsoever caused (including without limitation any loss or damage caused by fire or theft), any property of the Client or any property within the possession of the Client which is lost or damaged within the Facility or the Paddock Club™ Parking Area.
9.6 Additional Security Precautions
For reasons of security and safety, FOHES reserves the right in its discretion to inspect any bag or other item which any person wishes to bring in to or remove from the Facility, whether before, during or after the relevant Event.
9.7 Tickets Are Not Transferable
After entry to the Facility on a particular day, Tickets are not transferable for that day.
9.8 Right to refuse Entry
(a) FOHES (or any person operating the Facility or any aspect
of the Facility for FOHES) may refuse entry to the Facility to a Client (without refund) where FOHES (or such person) regards it as necessary or appropriate to do so on grounds of health, safety, security or public order or where FOHES or such person believes that the admission of that Client would be materially prejudicial to any other person’s enjoyment of the Facility.
(b) Where a Client in possession of a valid Ticket is refused
entry to the Facility under this clause 9.8, FOHES may (in its absolute discretion) issue a partial or full refund of the cost of that Ticket to the Purchaser, in which case neither FOHES nor any person operating the Facility or any aspect of the Facility shall have any further obligation to the Client in respect of the Client’s use or non-use of the Facility on the day in question.
At any Event FOHES may, subject to applicable laws, designate one or more areas within the Facility at that Event as a smoking area, which will be clearly marked as such. Smoking is not permitted anywhere in the Facility outside of a designated smoking area. This is a fundamental condition.
If a Client commits any breach of these Terms and Conditions, then on the giving of notice by FOHES to the Client at any time after the occurrence of such breach:
(a) that Client shall be deemed to have forfeited its rights but not its obligations under these Terms and Conditions;
(b) FOHES will be free to cancel or re-sell any Ticket(s) held by the Client who is in default;
(c) FOHES shall be entitled to demand that the Client unconditionally and irrevocably constitutes and appoints FOHES as its attorney to do, perform and execute all things
and documents as may be necessary or desirable to transfer or assign its rights, benefits and entitlements; and
(d) the forfeit of any monies pursuant to Clause 10.1(a) shall not preclude any other rights which FOHES may have under these Terms and Conditions.
10.2 Refund of Monies to Purchaser
Without prejudice to any liability of FOHES for death or personal injury caused by FOHES’s negligence or to any liability of FOHES caused by its fraudulence, if either (a) the Facility is not operated by FOHES at all during the Event Period or (b) no motor car race is held at the relevant Circuit during the Event Period, and as a consequence the Purchaser does not use or receive any benefit whatsoever from the Facility and services contemplated by these Terms and Conditions during that Event Period, then upon request by the Purchaser within 30 days following the final day of the Event Period FOHES shall refund the Total Fee received by FOHES from the Purchaser less a reasonable deduction for administration costs. Notwithstanding the foregoing, FOHES shall have no liability or obligation to the Purchaser in respect of the Facility or the relevant Event as a result of the Facility not being operated or no motor car race being held and FOHES shall be released and discharged by the Purchaser from all claims and damages of any kind.
11. HOSPITALITY PASSES / SERVICE PASSES (WORKING ACCESS)
(a) Tickets or passes which are issued by FOHES and marked with the words “Hospitality” (“Hospitality Pass”) or “Service” (“Service Pass”) are (subject to Clause 11(b) below) not
transferable and are issued by FOHES (in its absolute discretion) solely for the purpose of permitting the holder of such a pass working access to and around areas within the relevant Event specified by FOHES, on such conditions as FOHES may determine from time to time including, without limitation:
i. payment of a fee determined by FOHES; and
ii. on the condition that the holder of the pass agrees not to access or remain in general admission areas, grandstands, hospitality areas or any restricted area, except as is strictly necessary to fulfil the purpose for which the pass was issued.
(b) FOHES reserves the right (exercisable in its absolute
discretion) to issue one or more Hospitality Passes and/or Service Passes which are transferable for a particular Event
between persons specified or approved by FOHES subject to such conditions as FOHES may (exercisable in its absolute discretion) determine.
(c) Food and drink may not be consumed in the Formula One Paddock Club™ by holders of Hospitality or Service Passes without the prior written permission of FOHES who shall be entitled to charge such sum as it sees fit.
(d) One Hospitality Pass or Service Pass will be issued by
FOHES to the Client per 25 Tickets booked by the Client (whether achieved by way of coded permanent pass or by the issue of a specific Hospitality Pass or Service Pass).
(e) FOHES reserves the right (exercisable in its absolute
discretion) to issue additional Hospitality Passes or Service Passes or to code any permanent pass, and if so, to impose such conditions as it deems necessary.
(f) FOHES reserves the right to issue additional terms and conditions which shall apply to conduct or behaviour of persons holding Hospitality Passes or Service Passes at an Event and/or to the conditions of issue of such passes.
(g) In addition to the fulfilment of the obligations under this
Clause 11, holders of Hospitality Passes or Service Passes shall comply in all respects with these Terms and Conditions as if they were a Client.-->
(a) For any Event, Paddock Club™ Parking Tickets are issued by
FOHES (in its absolute discretion).
(b) FOHES reserves the right to restrict and refuse entry to the
Paddock Club™ Parking Area to any person not holding a Paddock Club™ Parking Ticket. Paddock Club™ Parking Tickets do not permit the parking of motor homes or caravans in the Paddock Club™ Parking Area. Motorbikes also require a Paddock Club™ Parking Ticket. Subject to prevailing weather conditions, the Paddock Club™ Parking Area will be open from 07h00 to 19h00 during the three days of an Event unless otherwise determined by FOHES. Paddock Club™ Parking Tickets are issued by FOHES (in its absolute discretion) on such conditions as FOHES may determine from time to time. Purely as an indicative guide, the ratio used by FOHES is 1 Paddock Club™ Parking Ticket per 3 Tickets (for the same day) (or in Monaco 1 Paddock
Club™ Parking Ticket per 5 Tickets (for the same day). Additional charges will apply for any additional Paddock Club™ Parking Tickets approved by FOHES outside this ratio.
(c) Tickets or passes issued by FOHES and marked “Chauffeur”
pass are not transferable and are issued by FOHES (in its absolute discretion) to holders of Paddock Club™ Parking Tickets. The holder of a Chauffeur pass is entitled to access the circuit and the Paddock Club™ Parking Area by vehicle only when driving a vehicle displaying a valid Paddock Club™ Parking Ticket. The Chauffeur pass only entitles the holder to stay within or in the vicinity of his/her vehicle within the Paddock Club™ Parking Area during the opening hours of the relevant Event for the relevant day.
13. DRESS/ETIQUETTE/NO PETS
(a) FOHES reserves the right to refuse or restrict entry to the Facility, and may request the departure from the Facility of any person FOHES deems to be dressed inappropriately or not complying with these Terms and Conditions.
(b) Bringing firearms, weapons, or any item that might be used as a weapon or compromise public safety into the Facility is strictly prohibited. FOHES reserves the right to refuse admission to, and to remove any person whom FOHES deems to represent a security risk to the staging of the Event, or who has in their possession a prohibited item.
(c) With the exception of assistance animals, no animals are permitted within the Facility.
No amendment or variation of these Terms and Conditions is valid or binding on a party unless made or confirmed by FOHES in writing.
15. NO WAIVER
No failure by FOHES to exercise or any delay in exercising any right, power or remedy by FOHES operates as a waiver of such right. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
16. SPECIAL CONDITIONS
(a)FOHES reserves the right to amend and/or issue additional terms and conditions which shall apply to Clients at an Event and/or to the conditions of sale of any Ticket in respect of such Event and/or cancellation or refunds if applicable.
(b) The Client hereby grants to FOHES the right (exercisable in
its absolute discretion) to reproduce and use the name and/ or logo of any Client on signboards (or other advertising devices) located within or around the Facility during the relevant Event and in any advertising and promotional material relating to the Facility.
Each of the provisions of these Terms and Conditions is severable from the other(s). If any such provision or part thereof
is or becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of these Terms and Conditions but the validity, unenforceability or legality of the
remaining provisions hereunder shall not in any way be affected or impaired thereby. Nothing in these Terms and Conditions shall in any way limit or avoid FOHES’s liability for death or personal injury caused by its negligence.
FOHES may assign its rights under these Terms and Conditions to any third party and may perform its obligations under
these Terms and Conditions through any third party without the consent of the Client. The rights of the Client under these Terms and Conditions are personal to the Client and may not be assigned or sub-licensed or otherwise transferred by the Client.
19. THIRD PARTY RIGHTS
The FIA, FOWC, FOM, FOML and the promoter of the relevant Event may enforce the terms of Clauses 7(a), 7(b), 9.2 and 9.4 subject to and in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.
20. GOVERNING LAW
These Terms and Conditions and any dispute arising out of or in connection with them shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts for the purpose of enforcing any claim or dispute arising hereunder.
21. AUTHORISED SELLERS
(a) It shall be the responsibility of any Seller representing or holding itself out as an Authorised Seller to verify with FOHES that it is in fact an Authorised Seller.
(b) Authorised Sellers are independent entities and are not
agents of FOHES and have no authority to bind or commit FOHES or otherwise act on FOHES’s behalf and FOHES shall have no responsibility or liability in respect of any representations or statements made by Authorised Sellers whether in relation to any Event, the Facility at the relevant Event, these Terms and Conditions or otherwise in respect of any acts or omissions of Authorised Sellers.
In this policy, “we” and “our” means FOHES and “you” and “your” means Client. We are committed to protecting and respecting your privacy.
What information do we collect?
In the course of buying or using a Ticket we will acquire certain personal information from you from written information given to us by you, by an Authorised Seller or by the person buying the Ticket on your behalf. We may for example, keep a record of your name, mailing address, email address, telephone number, gender and preferences. You consent to the provision of such data to us from any person who buys a Ticket on your behalf or from an Authorised Seller.
How do we use your information?
Any personal data relating to you will be used and recorded by us in accordance with current data protection legislation
features or offerings from the Formula One Paddock Club™, for record keeping purposes, and in aggregate (and therefore
anonymously) for market research and promotional purposes, to publish trends and/or to improve quality and content of the Formula One Paddock Club™ and for any other purpose that we may notify to you from time to time.
We may also operate a mailing list to send you Formula One Paddock Club™ related news. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you.
Any mailing list that we keep will have an ‘opt out’ facility whereby subscribers can ask not to be contacted in future. We do not ‘spam’ and we currently do not share, licence or sell e-mail addresses.
Where we store your personal data
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our group companies
or service suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing
We take every precaution to protect your personal information. In addition, we have strict security protocols in place to protect our customer database from unauthorised access, improper use or disclosure, unauthorised modification, and unlawful destruction or accidental loss. We only allow access to the customer database when absolutely necessary, and then under strict guidelines as to what use may be made of such details. We may ask you for proof of identity before disclosing any personal information to you.
We always aim to improve the services we offer. As a result we may occasionally canvass our customers using surveys. Participation in surveys is voluntary, and you are under no obligation to reply to any survey you might receive from us. Should you choose to do so, we will treat the information you provide with the same high standard of care as all other customer information.
Your purchase of a Ticket or attendance at an Event may mean that we occasionally contact you with the opportunity to enter competitions. Entry to competitions is voluntary, and you are under no obligation to take up an invitation from us to enter. Should you choose to enter a competition, we will treat the information you provide with the same high standard of care as all other customer information.
You may request that your personal information is not used for competitions, surveys or marketing purposes. This is
called unsubscribing, and may be achieved by emailing us at email@example.com.
Correcting and Updating Personal Information
If your personal information changes, or if you believe that the personal data we hold about you is incorrect, you may ask us to correct or update the personal information held by us by sending an email to firstname.lastname@example.org.
Notification of Changes
MATCH Hospitality Additional Terms
The Purchaser agrees to be bound by the following MATCH Hospitality Additional Terms which apply in addition to the terms of the 2017 Formula One Paddock Club™ Standard Terms and Conditions. All terms that have a capital letter shall have the meanings set out in the 2017 Formula One Paddock Club™ Standard Terms and Conditions, and the Order Form is a type of Registration Form pursuant to them.
1. Purpose and Applicability of the Sales Regulations
1.1. In addition to the 2017 Formula One Paddock Club™ Standard Terms and Conditions, these Sales Regulations outline the terms and conditions which apply to, and govern, the sale through the Webshop for the 2017 Formula One Paddock Club™.
1.2. Each Applicant acknowledges and agrees that, by (i) completing the Application Process and (ii) clicking the Acceptance of Terms and Conditions Box, it confirms that it has read, understood and accepts these Sales Regulations and the 2017 Formula One Paddock Club™ Standard Terms and Conditions, and that it agrees to be irrevocably bound by these Sales Regulations and the 2017 Formula One Paddock Club™ Standard Terms and Conditions.
1.3. MATCH Hospitality reserves the right to amend the manner in which it sells Tickets, and reserves the right to amend these Sales Regulations from time to time. Each Sales Agreement will be governed by the Sales Regulations in force at the date on which the Applicant completes the Application Process and clicks the Acceptance of Terms and Conditions Box.
1.4. All terms that have a capital letter shall have the meanings set out in the 2017 Formula One Paddock Club™ Standard Terms and Conditions and in Section 15. For the avoidance of doubt, the Application Form is a type of Registration Form and Purchase Confirmation is a type of Order Confirmation pursuant to the 2017 Formula One Paddock Club™ Standard Terms and Conditions.
1.5. In accordance with FOHES policies, from each Ticket Holder receiving Tickets through the Purchaser, the Purchaser is responsible for securing their written acceptances of the official 2017 Formula One Paddock Club™ Standard Terms and Conditions, and providing such acceptances to MATCH Hospitality for onward distribution to FOHES. Purchaser will notify all such Ticket Holders that by their use of a Ticket, they indicate their acceptance to both the 2017 Formula One Paddock Club™ Standard Terms and Conditions as well as these Sales Regulations.
2. Application Process
2.1. The Applicant acknowledges and agrees that the Application Process involves a number of steps including (i) creating an account with MATCH Hospitality (ii) providing payment details to MATCH Hospitality (iii) completing and submitting an Application Form to MATCH Hospitality and (iv) clicking the Acceptance of Terms and Conditions Box.
2.2. Completion of the Application Process does not guarantee the availability of the Tickets for which the Applicant has applied. Completion of the Application Process constitutes an irrevocable and binding offer to MATCH Hospitality by the Applicant to purchase the Tickets for which the Applicant has applied and MATCH Hospitality may accept or reject any such offer.
2.3. If MATCH Hospitality elects to accept the Applicant’s offer to purchase the Tickets, it will confirm its acceptance by emailing the Applicant a Confirmation of Purchase and the Applicant shall become a Purchaser. The Applicant acknowledges and agrees that payment in full for the price of the Tickets must be irrevocably debited from the Purchaser’s account and credited to MATCH Hospitality's account prior to MATCH Hospitality emailing the Applicant a Confirmation of Purchase.
2.4. MATCH Hospitality reserves the right in its sole discretion to impose a limit on Tickets which an Applicant may purchase whether by reference to (i) quantities and/or (ii) monetary value.
3. Application Form
3.1. Each Applicant is responsible for correctly completing and providing all information required by MATCH Hospitality under the Application Process including the full completion and submission of the Application Form. MATCH Hospitality reserves the right to reject any applications which are incomplete or incorrect. MATCH Hospitality shall not be liable for any sort of incorrect entry of information, technical malfunctions of the internet, failure of computer hardware or software, or lost or incomplete applications or failure to communicate with any Applicant by email due to the non-acceptance or delivery failure of the Confirmation of Purchase by the Applicant’s email.
3.2. If the Application Form is submitted by an individual on behalf of a company or other legal entity, the individual who completes and submits the Application Form and clicks the Acceptance of Terms and Conditions Box represents and warrants that he or she has the legal capacity and authority to bind the company/legal entity indicated in the Application Form; provided that the Sales Agreement will be entered into by the company (or other legal entity) and MATCH Hospitality in this situation and not the individual. The individual represents and warrants that he or she is of legal age to enter into binding agreements.
3.3. The Applicant acknowledges and agrees that it is responsible for maintaining the confidentiality of its account and password and is fully responsible for all activities that occur in respect of the account and password. The Applicant agrees to (i) immediately notify MATCH HOSPITALITY of any unauthorised use of its account or password and any other breach of security and (ii) ensure that it exits its account at the end of each session. MATCH HOSPITALITY cannot and will not be liable for any loss or damage arising from the Applicant’s failure to comply with this Section 3.3.
4. The Sales Agreement
4.1. Each Sales Agreement shall consist of, and incorporate the terms of:
i. the Application Form;
ii. the Confirmation of Purchase;
iii. these Sales Regulations; and
iv. the 2017 Formula One Paddock Club™ Standard Terms and Conditions.
4.2. 4.2 The Sales Agreement represents the sole and complete statement of the respective rights and obligations of MATCH Hospitality and the Purchaser with regard to the subject matter thereof and supersedes any and all other oral and/or written correspondence, representations, understandings, negotiations, arrangements, proposals, sales materials and agreements relating to the purchase of the Tickets which are the subject of the Confirmation of Purchase.
4.3. 4.3 All sales of Tickets are final. All payments made by Purchasers in connection with the Tickets (whether or not such Tickets are the subject of a Sales Agreement which is terminated) are to be treated as non-refundable.
5. Hospitality and Use of Tickets
5.1. MATCH Hospitality acts as an Authorized Seller for FOHES distributing 2017 Formula One Paddock Club™ Tickets, products and services. Purchasers may not, following the conclusion of the Sales Agreement, request substitutions for, or alterations to, any services and benefits, which are provided by FOHES or the entities it designates to operate the 2017 Formula One Paddock Club™ nor by MATCH Hospitality.
5.2. The Purchaser accepts and acknowledges that the scope of the services and benefits made available to it under the Sales Agreement are subject to such changes as may be required for reasons of public safety and security or as required by FOHES or the entities it designates to operate the official 2017 Formula One Paddock Club™. MATCH Hospitality shall use reasonable endeavours to notify the Purchaser about any information that MATCH Hospitality receives from FOHES regarding such changes as soon as reasonably possible.
5.3. All Tickets and related hospitality services and benefits and all Events are subject to controls established by FOWC, FIA, FOHES, the Caterers and Event service providers, and are not matters under the control of MATCH Hospitality. Subject to receipt of full payment for the Tickets as required by these Sales Regulations, MATCH Hospitality will confirm to FOHES that the Total Fee has been received for the Tickets reflected in the Application Form, and will facilitate the delivery or collection of the Tickets by Purchaser.
5.4. Purchaser acknowledges that staff passes are not available arising from this Sales Agreement, regardless of the number of Tickets purchased, unless specifically agreed in writing between Purchaser and MATCH Hospitality.
6.1. By completing the Application Process, each Applicant authorises MATCH Hospitality to take payment from the Applicant’s payment card (as specified in Section 6.2) for the Total Fee subsequently purchased by the Applicant without further notice. The Applicant is responsible for ensuring that there are sufficient funds available on its payment card at the time any payment is taken by MATCH Hospitality.
6.2. Payments may only be made by those payment cards identified during the Application Process as being accepted by MATCH Hospitality.
6.3. Any VAT and/or other consumption or applicable local tax, fees or dues will be reflected in the invoice at the applicable rate.
6.4. Payments must be received in full in the currency specified in the Application Process, unless otherwise agreed in writing by the parties. Any and all bank, payment, currency conversion, currency exchange control, credit card charge or other charges incurred in connection with any payment obligation outlined in Section 6.1 above will be the sole responsibility of, and be borne by, the Purchaser.
6.5. No refunds of any amounts paid by the Purchaser to MATCH Hospitality will be made to the Purchaser under any circumstances.
6.6. If payment of any monies which are due and payable pursuant to Section 6.1, 6.2 or 6.3 are not received by MATCH Hospitality in full for any reason, MATCH Hospitality may upon giving notice to the Purchaser, in addition to all other remedies available to it at law:
i. terminate the entire Sales Agreement, or, alternatively, revoke its acceptance as regards the entire Sales Agreement;
ii. terminate the Sales Agreement in respect of a certain number of specified Tickets only, or, alternatively, revoke its acceptance as regards the Sales Agreement in respect of a certain number of specified Tickets only;
iii. immediately and without further notice make available for sale to third parties each Ticket which is the subject of any termination / revocation;
iv. retain, as a non-refundable deposit, any amounts paid by the Purchaser as at the date of such termination / revocation;
v. charge the Purchaser interest on all amounts outstanding at five percent (5%) above 12 month US Dollar Libor rate as it may vary from time to time from the date payment became due until actual payment is made;
vi. terminate or suspend any of MATCH Hospitality’s obligations under the Sales Agreement; and/or
vii. claim for all further losses and costs suffered by MATCH Hospitality as a result of non-payment and/or late payment.
MATCH Hospitality retains the right to claim damages which are in excess of the amounts specified above.
6.7. The misuse of a credit or debit card or use without authorisation of the legal holder of the credit or debit card is viewed in the most serious manner by MATCH Hospitality and MATCH Hospitality reserves the right to take legal action against those committing or attempting to commit online fraud or the like.
6.8. 6.8 MATCH Hospitality reserves the right to refuse to process payments in respect of Applicants with a prior history of questionable charges or where MATCH Hospitality reasonably believes a sale may result in a breach of the Sales Agreement. MATCH Hospitality may carry out such checks as it considers appropriate before processing a credit or debit card payment for security purposes. As part of such checks, MATCH Hospitality may disclose personal data to third parties for the purposes of carrying out these security checks. The Applicant acknowledges and agrees that MATCH Hospitality will not be liable for any damages resulting from its decision not to process a payment. THE APPLICANT EXPLICITLY APPROVES THE TRANSFER OF HIS PERSONAL DATA IN THIS CONTEXT.
7. Delivery of Tickets
7.1. If the Ticket is an e-Ticket, the Purchaser acknowledges and accepts:
i. the e-Tickets will be emailed to the Purchaser;
ii. the Purchaser will be required to print off the e-Tickets;
iii. e-Tickets must be printed in portrait mode (vertical) on blank white A4 paper (on both sides), without changing the print size using a laser or inkjet printer. No other medium (including but not limited to electronic, PC screen, portable screen and mobile screen) is valid. Any e-Ticket that is partly printed, soiled, damaged or illegible shall not be considered valid;
iv. Purchaser and Ticket Holders will be required to have valid identification in order to access the Event with e-Tickets.
7.2. If the Ticket is a paper Ticket, and Paddock Club™ Parking Ticket these will be:
i. delivered to the address stated in the Confirmation of Purchase (or to a different address subsequently notified in writing by the Purchaser and duly acknowledged in writing by MATCH Hospitality) by a method of MATCH Hospitality’s choice; or
ii. made available for collection by the Purchaser from MATCH Hospitality in accordance with policies to be established by MATCH Hospitality and notified to the Purchaser.
The Purchaser acknowledges and agrees that the delivery or the availability for collection, of Ticket or Paddock Club™ Parking Ticket is subject to the Purchaser having complied in full with all elements of the Sales Agreement.
7.3. MATCH Hospitality will not be responsible or liable in any way to a Purchaser or any third party as a result of any late delivery of a Ticket and Paddock Club™ Parking Ticket which arises as a result of a failure of and/or interruption to any delivery services.
7.4. MATCH Hospitality will not deliver Tickets and Paddock Club™ Parking Tickets to post office boxes, unless agreed otherwise in writing by MATCH Hospitality on a case-by-case basis. The Purchaser is required to provide a street address as well as the name and contact details of an individual which has been authorised to take delivery of the Tickets and Paddock Club™ Parking Tickets. It is the Purchaser's responsibility to arrange for an authorised representative to be present at the delivery address to take delivery of every Ticket and Paddock Club™ Parking Ticket and to notify MATCH Hospitality of any change in the proposed delivery address.
7.5. 7.5 If the Purchaser has not received the Ticket and/or Paddock Club™ Parking Ticket at such time indicated in Section 7.2 (i) it is the sole responsibility of the Purchaser to immediately notify MATCH Hospitality in writing.
7.6. Any paper Ticket or Paddock Club™ Parking Ticket (if applicable) which has become damaged in any way after delivery to, or collection by, the Purchaser and is, as a consequence, unreadable, may not be accepted for admission to, or use at, an Event and/or Facility. It is the sole responsibility of the Purchaser to notify MATCH Hospitality in the event that any paper Ticket or Paddock Club™ Parking Ticket (if applicable) is delivered or collected in a damaged condition. In the absence of any such notification, the relevant Ticket or Paddock Club™ Parking Ticket (if applicable) will be deemed to be undamaged at delivery or collection.
7.7. MATCH Hospitality shall not be responsible or liable in any way to a Purchaser or any third party for any lost, stolen, damaged, destroyed, forgotten or mutilated Ticket or Paddock Club™ Parking Ticket (if applicable) once received or collected by the Purchaser.
7.8. 7.8 MATCH Hospitality reserves the right to determine whether to issue replacement paper Tickets or Paddock Club™ Parking Ticket (if applicable) in the event of any occurrence of the circumstances outlined in Sections 7.5, 7.6 and/or 7.7, and to determine the conditions which may apply to any such replacements. MATCH Hospitality reserves the right to determine the conditions which shall apply to the replacement paper Tickets or Paddock Club™ Parking Ticket (if applicable) in the event of any occurrence of the circumstances outlined in Sections 7.5, 7.6 and/or 7.7.
8.1. The Purchaser agrees that it shall comply with FOHES’ and MATCH Hospitality’s directives with regard to the provision of individual data for Ticket Holders. The Purchaser shall provide MATCH Hospitality, immediately following any request by MATCH Hospitality and/or any third party authorised by FOHES, with full details relating to its identity and the identity of each of its Ticket Holders, including the Ticket Holder’s name, nationality and date of birth and email address. Furthermore, the Purchaser agrees, if requested by MATCH Hospitality, to provide each of its Ticket Holders with the Ticket specifically allocated or by Ticket number to such Ticket Holder.
8.2. In the event that the Purchaser fails to provide such details, MATCH Hospitality reserves the right to withhold delivery of the Tickets and Paddock Club™ Parking Tickets until such data is provided, to cancel the relevant Tickets and Paddock Club™ Parking Tickets and/or to refuse entrance to the Event and/or any Facility to any Purchaser or Ticket Holder for which data has not been provided, with no right to any refund. Any Ticket and Paddock Club™ Parking Ticket cancelled may be made available for re-sale by MATCH Hospitality.
8.3. MATCH Hospitality or FOHES may carry out access controls at the Event. In the event that a Purchaser or Ticket Holder attempts to use a Ticket at the Event and/or Facility and the personal details of such Purchaser or Ticket Holder do not match the data provided in respect of such Ticket, MATCH Hospitality or FOHES expressly reserves the right to cancel the relevant Ticket(s) and/or to refuse entrance to the Event and/or Facility to the Purchaser or Ticket Holder, with no right to any refund. Any Ticket and Paddock Club™ Parking Ticket may be made available for re-sale by MATCH Hospitality.
8.4. The personal data provided to MATCH Hospitality, FOHES and/or any third party authorised by FOHES pursuant to these Sales Regulations will, subject to applicable law, be used, processed, stored, and transferred to third parties designated by MATCH Hospitality and/or FOHES (located both within and outside of Switzerland) for purposes relating to: (i) Ticket sales and allocation procedures, (ii) any relevant safety and security measures, (iii) rights protection measures in connection with the Event; and (iv) marketing and analytical purposes (you may opt out of the marketing use of the data by sending both MATCH Hospitality and FOHES an email to that effect at PaddockClub@match-hospitality.com and email@example.com respectively). The Purchaser acknowledges its responsibility to obtain the consent of each Ticket Holder to use his personal data for the purposes described above.
8.5. Applicants may update, correct or amend their personal data by contacting MATCH Hospitality in writing. If an application is cancelled or MATCH Hospitality rejects the Applicant’s offer to purchase the Tickets, the Applicant may request deletion of its personal data provided in connection with the Application Form by contacting MATCH Hospitality in writing.
9. Prohibition on the Resale and Transfer of Tickets
9.1. Except where explicitly agreed by MATCH Hospitality, the Purchaser is prohibited from:
i. conducting any re-sale, exchange or other transfer (other than the provision to a Ticket Holder) of any Ticket, Paddock Club™ Parking Ticket (if applicable) or other benefit or service provided in connection with a Ticket, whether for any value of any kind or otherwise, including, without limitation, in connection with any separate transaction with any third party under which any value of any kind is transferred to the Purchaser in connection (whether direct or indirect) with the provision by the Purchaser of any Ticket; and
ii. acting, purporting to act, or advertising its ability to act, as an agent, facilitator or representative of a third party for the purchase, or purported purchase, of Ticket by the third party.-->
9.2. Tickets may only be used by the Purchaser itself or by its Ticket Holders to which the Purchaser provides the Tickets.
9.3. The Purchaser shall ensure that none of its Ticket Holders resell, exchange or otherwise transfer, whether in whole or in part and whether for value or otherwise, any Ticket, Paddock Club™ Parking Ticket (if applicable) or other benefit or service provided in connection with a Ticket, and that all Ticket Holders are informed in writing of this prohibition.
9.4. Any Purchaser or Ticket Holder who is entitled to use a Ticket must be the same person as the Purchaser or Guest who uses each of the corresponding components of the relevant Ticket.
9.5. At no stage will a Ticket Holder become a party to the Sales Agreement, or be entitled to any recourse against MATCH Hospitality or FOHES under the Sales Agreement.
10. Use of the Tickets
10.1. The Purchaser expressly acknowledges and agrees that the purchase of a Ticket does not grant the right to, or permit the Purchaser and/or its Ticket Holder(s) to exercise, any marketing, advertising or promotional rights with respect to the Event, any team, driver or official participating in the Event, FIA, FOHES, Formula One Paddock Club™, MATCH Hospitality or any other affiliated body or event.
10.2. The Purchaser shall not, and shall ensure that each of its Ticket Holders shall not, hold itself out as a sponsor of, or otherwise associate itself or its name in any manner whatsoever with, the Event, any team, driver or official participating in the Event, FIA, FOHES, Formula One Paddock Club™, MATCH Hospitality or any other affiliated body or event.
10.3. The Purchaser shall not, and shall ensure that each of its Ticket Holders shall not (at any time):
i. use a Ticket or any component thereof for any marketing, advertising or promotional purposes including, but not limited to, use as a prize in competitions, games, lotteries, sweepstakes, or any other similar activity;
ii. conduct any promotional, advertising or marketing activity in connection with the Event, any team, driver or official participating in the Event, FIA, FOHES, Formula One Paddock Club™, MATCH Hospitality or any other affiliated body or event; or
iii. conduct any activity which MATCH Hospitality or FOHES reasonably believes may lead to an association between the Purchaser and/or its Ticket Holder and the Event, any team, driver or official participating in the Event, FIA, FOHES, Formula One Paddock Club™, MATCH Hospitality or any other affiliated body or event
10.4. The Purchaser shall not, and shall ensure that each of its Ticket Holders shall not, develop, use or register any name, logo, trademark, symbol service mark or other mark (including without limitation the official name and logo of the Formula One Paddock Club™) which may be inferred by the public as identifying with FIA, FOHES, the Event, Formula One Paddock Club™ including the words “Formula One”, “Formula One Paddock Club™”, “2017 FIA Formula One World Championship™” “F1”, “FIA” or “Fédération Internationale de l’Automobile” (or any other term used in any language to identify the Event) or any similar indicia or derivation of such terms in any language.
10.5. The Purchaser shall not, and shall ensure that each of its Ticket Holders shall not, bring or cause to have brought any promotional, advertising or commercial items of any kind into the Event or Facility, including any banner, sign or leaflet for the purposes of display or distribution. By way of illustration only, the Purchaser and each of its Ticket Holders shall refrain from wearing, in any Event or Facility, any clothing or materials which prominently features the name and/or logo and/or any other trademark of the Purchaser and/or its Ticket Holder(s) and which is intended to be worn as part of a group wearing the same or similar clothing in a way which MATCH Hospitality or FOHES may regard as the conduct of a promotional, advertising or commercial activity.
10.6. The Purchaser shall not, and shall ensure that each of its Ticket Holders shall not, promote, sell, display or distribute any promotional, advertising or commercial items or services at the Event or Facility, such as, without limitation, any drinks, food, souvenirs and clothing and flyers. All such items are subject to removal or confiscation by any FIA Authority or, at the entrance of and within a Facility, by MATCH Hospitality and any person engaging in such activities is subject to ejection from the Event and/or Facility.
11. Acceptance of Risk, Limitations on Liability, Purchaser and Ticket Holder Responsibilities
11.1. The following limitations of liability apply with respect to all Tickets.
11.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PURCHASER AND EACH TICKET HOLDER (IN ITS OWN NAME AND ON BEHALF OF ANY MINORS USING A TICKET BOUGHT BY IT) ACCEPTS ALL RISKS AND DANGERS WHICH IT MAY FACE OR ENDURE WHILE ATTENDING ANY EVENT OR PARTICIPATING IN ANY HOSPITALITY ACTIVITY AND WAIVES ANY CLAIMS AGAINST MATCH HOSPITALITY AND THE FIA AUTHORITIES RELATING TO SUCH RISKS AND DANGERS. THE PURCHASER AND EACH TICKET HOLDER (IN ITS OWN NAME AND ON BEHALF OF ANY MINORS USING A TICKET BOUGHT BY IT) ACCEPTS THAT THERE ARE RISKS TO ITS PERSONAL SAFETY OR PROPERTY LOSS ON THE WAY TO OR FROM AND OUTSIDE OF OR WITHIN THE FACILITY AND THE OTHER SITES. NOTHING IN THIS PARAGRAPH IS INTENDED TO REQUIRE A PURCHASER OR TICKET HOLDER TO ACCEPT RISKS OR DANGERS FROM, OR WAIVE RIGHTS TO DAMAGES ARISING FROM, THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF MATCH HOSPITALITY OR A FIA AUTHORITY
11.3. SUBJECT TO SECTION 11.5 BELOW MATCH HOSPITALITY'S ROLE IS AS AUTHORISED DISTRIBUTOR OF TICKETS. MATCH HOSPTIALITY SHALL NOT BE HELD RESPONSIBLE FOR THE ACTIVITIES OR OMISSIONS OF FOHES, FIA, FOWC OR ANY OTHER PERSON OR ENTITY NOT CONTROLLED BY MATCH HOSPITALITY, NOR ANY LOSS OR OF DAMAGE TO PROPERTY OF CLIENT OR ANY PROPERTY WITHIN THE POSSESSION OF THE CLIENT WHICH IS LOST OR DAMAGED WITHIN THE FACILITY OR THE PADDOCK CLUB PARKING AREA.
11.4. SUBJECT TO SECTION 11.4 BELOW AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, MATCH HOSPITALITY SHALL NOT BE LIABLE TO THE PURCHASER AND/OR ANY TICKET HOLDER FOR ANY INDIRECT OR CONSEQUENTIAL LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF RESTADIUM, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF GOODWILL OR LOSS OF REPUTATION) ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR ANY BREACH OF THE SALES AGREEMENT AND THE MAXIMUM LIABILITY OF MATCH HOSPITALITY TO THE PURCHASER AND/OR ANY TICKET HOLDER IN CONTRACT OR OTHERWISE UNDER OR IN CONNECTION WITH THE SALES AGREEMENT SHALL NOT EXCEED THE TOTAL PRICE PAID FOR THE TICKETS BY THE PURCHASER TO MATCH HOSPITALITY IN RESPECT OF THE SALES AGREEMENT.
11.5. NOTHING IN THE SALES AGREEMENT WILL AFFECT THE STATUTORY RIGHTS (INCLUDING CONSUMER RIGHTS IF AND WHEN APPLICABLE) OF ANY PURCHASER OR ANY TICKET HOLDER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR IMPROPER CONDUCT BY MATCH HOSPITALITY OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11.6. THE PURCHASER AND EACH TICKET HOLDER IS RESPONSIBLE FOR THE USE OF ITS TICKET. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PURCHASER AND EACH TICKET HOLDER INDEMNIFIES AND HOLDS HARMLESS MATCH HOSPITALITY AND THE FIA AUTHORITIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES AND LIABILITIES SUFFERED AND/OR INCURRED IN CONNECTION WITH, ARISING OUT OF OR RESULTING FROM:
i. ITS MISUSE OF A TICKET; OR
ii. THE MISUSE OF A TICKET PASS BY A MINOR IF THE TICKET WAS PROVIDED BY THE PURCHASER; OR
iii. THE MISUSE OF A TICKET BY ANY OTHER THIRD PARTY WHICH HAS OBTAINED, DIRECTLY OR INDIRECTLY, A TICKET THROUGH IT; OR
iv. A VIOLATION OF THESE SALES REGULATIONS, THE 2017 FORMULA ONE PADDOCK CLUB™ STANDARD TERMS AND CONDITIONS AND/OR ANY OTHER RELEVANT LAWS OR BY-LAWS; OR
v. ANY OTHER HARMFUL CONDUCT IN CONNECTION WITH THE TICKET.
THIS MEANS THAT IF A PURCHASER OR GUEST VIOLATES ANY TICKET RELATED RULES, IT MUST TAKE FULL FINANCIAL RESPONSIBILITY AND PAY FOR ANY DAMAGE, INCLUDING LEGAL COSTS, THAT MATCH HOSPITALITY AND/OR THE FIA AUTHORITIES MAY INCUR IN MANAGING OR RESOLVING THE PROBLEMS CAUSED BY THE VIOLATION.
11.7. THE PURCHASER AND EACH TICKET HOLDER IS RESPONSIBLE FOR THEIR PERSONAL ARRANGEMENTS CONNECTED TO THE TICKETS (INCLUDING, WITHOUT LIMITATION, TRAVEL AND ACCOMMODATION) AND SUCH ARRANGEMENTS ARE ENTERED INTO BY THE PURCHASER AND EACH TICKET HOLDER AT THEIR OWN RISK AND MATCH HOSPITALITY SHALL NOT BE LIABLE FOR ANY COSTS OR LOSSES RELATING TO SUCH ARRANGEMENTS SUFFERED BY THE PURCHASER AND ANY TICKET HOLDER.
11.8. ADDITIONALLY, AS AN AUTHORISED SELLER, MATCH HOSPITALITY IS AN “INDEMNIFIED PARTY” AS DEFINED IN THE OFFICIAL 2017 FORMULA ONE PADDOCK CLUBTM STANDARD TERMS AND CONDITIONS.
12. Unforeseen Circumstances and Insurance
12.1. MATCH Hospitality shall not be liable for any failure to provide Facilities and hospitality services and benefits due under any Ticket as a result of any cancellation, abandonment and/or interruption, relocation or postponement of the Event (whether in whole or in part) whether due to a Force Majeure event or not.
12.2. The Purchaser is responsible for, and is recommended to arrange, its own insurance (such as, without limitation, travel insurance, public liability insurance or cancellation insurance) to cover risks and associated costs arising out of or connected to these Sales Regulations.
13.1. In the event that any Purchaser fails to ensure that MATCH Hospitality receives, in full any amount due and payable, MATCH Hospitality reserves the rights specified in Section 6.6, including, without limitation, the right to terminate the Sales Agreement in full or in part.
13.2. The Purchaser agrees and acknowledges that, in the event of a violation of any term of these Sales Regulations, the 2017 Formula One Paddock Club™ Standard Terms and Conditions or any other relevant laws or by-laws, MATCH Hospitality shall, in addition to all other rights and remedies that MATCH Hospitality may have, retain the right to:
i. terminate the Sales Agreement in whole or in part;
ii. render null and void any applicable Ticket;
iii. enforce FOHES’ right to cancel and/or rescind the Ticket(s);
iv. refuse entry into the Event and/or any Facility to the offending Purchaser and/or Ticket Holder, or eject the Purchaser and/or Ticket Holder from the Event and/or Facility;
v. file suit to enforce the Sales Agreement and claim damages, if appropriate; and/or
vi. notify governmental authorities of a violation of the provisions of the these Sales Regulations, the 2017 Formula One Paddock Club™ Standard Terms and Conditions, and/or the relevant laws or by-laws that correspond to violations of applicable criminal or other laws.
13.3. The Purchaser agrees and acknowledges that, in the event of a violation of any term of the 2017 Formula One Paddock Club™ Standard Terms and Conditions or any other relevant laws or by-laws, FIA, FOHES or MATCH Hospitality acting on FOHES’ behalf, shall, in addition to all other rights and remedies that the FIA may have, retain the right to:
i. cancel and/or rescind any Ticket; and/or
ii. refuse entry into the Event and/or any Facility to the offending Purchaser and/or Ticket Holder, or eject the Purchaser and/or Ticket Holder from the Event and/or Facility.
13.4. The Purchaser agrees and acknowledges that:
i. MATCH Hospitality remains entitled to terminate, in whole or in part, the Sales Agreement if FOHES has exercised any of its rights set out in Section 13.3 above; and
ii. FOHES remains entitled to cancel and/or rescind the Ticket(s) if MATCH Hospitality has exercised any of its rights set out under Section 13.2 above.
13.5. In addition to laws applicable in other countries, the government of the country in which the Event is being held, or English or Swiss governments may enact laws or regulations that make it a criminal offence to transfer and/or use Tickets in violation of these Sales Regulations, the 2017 Formula One Paddock Club™ Standard Terms and Conditions or any other relevant laws or by-laws. Purchasers and their Ticket Holders are advised to obtain information about applicable laws relating to Tickets
13.6. Further to other termination rights granted under the 2017 Formula One Paddock Club™ Standard Terms and Conditions and the corresponding right to cancel Tickets reflected in these Sales Regulations, MATCH Hospitality shall have the right to cancel any Hospitality Package in the event of:
i. any insolvency, bankruptcy filing or liquidation of the Purchaser;
ii. the appointment of an administrator in respect of the Purchaser;
iii. the Purchaser entering into an arrangement with its creditors; or
iv. any other event which may give rise to the reasonable belief that the Purchaser will not be able to complete the full payment of the Ticket purchase price, provided that any such events occur prior to receipt by MATCH Hospitality of the full purchase price of the Ticket.
13.7. In the event of termination, any payment made by the Purchaser, whether in full or in part, will be retained by MATCH Hospitality as partial compensation for the administration and cancellation fees and production costs. MATCH Hospitality nevertheless retains the right to sue for a higher level of applicable damages.
14.1. Should any provision(s) of these Sales Regulations or the Sales Agreement be declared void, ineffective or unenforceable by any competent court, the remainder of the Sales Regulations and the Sales Agreement will remain in effect as if such void, ineffective or unenforceable provision(s) had not been contained.
14.2. MATCH Hospitality reserves the right to refuse the purchase of Tickets by Applicants who are identified by FOHES as being prohibited from any such purchase.
14.3. If there is any inconsistency between the provisions of these Sales Regulations and the 2017 Formula One Paddock Club™ Standard Terms and Conditions with respect to any matter pertaining to the use of the 2017 Formula One Paddock Club™, the and the 2017 Formula One Paddock Club™ Standard Terms and Conditions shall apply and will prevail over the terms of these Sales Regulations.
14.4. The Sales Agreement will be governed by, and interpreted in accordance with, the substantive laws of England and Wales and the parties hereby submit to the non-exclusive jurisdiction of the English courts for the purpose of enforcing any claim or dispute arising hereunder.
14.5. The Purchaser agrees to indemnify and hold harmless MATCH Hospitality and the FIA Authorities, as well as their respective officers, directors, employees, representative or agents against any and all liabilities, obligations, losses, damages, penalties, claims, fines and expenses (including reasonable legal expenses) resulting from, arising directly out of, or directly attributable to:
i. any claim by any Ticket Holder against MATCH Hospitality or a FIA Authority in connection with any purported breach by MATCH Hospitality of the Sales Agreement;
ii. any activity conducted by the Purchaser or any of its Ticket Holders which causes damage to MATCH Hospitality or an FIA Authority or to the enjoyment of Tickets by any other Purchaser or Ticket Holder; and
iii. any activity conducted by the Purchaser or any of its Ticket Holders which infringes the intellectual property rights of MATCH Hospitality and/or FOHES.
14.6. A notice under or in connection with the Sales Agreement must be in writing and must be delivered personally or sent by overnight mail delivery service or by fax or by PDF attached to an email to the party due to receive the notice. MATCH Hospitality’s address, fax and email details are those specified in the Confirmation of Purchase. The Applicant’s address, fax and email details are those specified in the Application Form. Either party may amend such details by written notice to the other party.
14.7. The Sales Agreement shall not be amended or modified, and no provision hereof shall be deemed to have been waived by either party, except by a written instrument signed by both MATCH Hospitality and the Purchaser.
“Acceptance of Terms and Conditions Box” means the tick box located on the check-out page which reads substantially as follows: “I hereby accept and will comply with the Sales Regulations, the 2017 Formula One Paddock Club™ Standard Terms and Conditions and other requirements of the Application Process and Application Form.”
“Applicant” means any legal entity or individual wishing to purchase a Ticket via the Webshop.
“Application Form” means the online order form for the application of Tickets on the Webshop.
“Application Process” means the online application process under which the Applicant applies for Tickets on the Webshop.
“Confirmation of Purchase” means the document emailed to the Purchaser confirming the purchase of Tickets and providing details of such purchase.
“FIA Authority” means any out of FIA, FOHES, FOWC, the Event management and/or any governmental entity responsible for safety and security in connection with the Formula One Paddock Club™, and their respective employees, volunteers, agents, representatives, officers and directors.
“Force Majeure Event” shall mean a storm, earthquake, flood or other act of God, war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war or strife, riot, national state of emergency, plague, act of terrorism, rebellion, strikes, lock-outs or other industrial disputes, acts of governments or other prevailing authorities, or any other similar or related event which is beyond the control of FOHES or another FIA Authority.
“MATCH Hospitality” means MATCH Hospitality AG of Tödistrasse 17, 8002 Zurich, Switzerland.
“Sales Agreement” means the agreement between MATCH Hospitality and the Purchaser for the purchase of Tickets, as more fully described in Section 4.
“Sales Regulations” means these regulations governing the sale via the Webshop and use of Tickets.
“Webshop” means the online sales shop for Tickets under which Applicants can apply for Tickets.
“2017 Formula One Paddock Club™ Standard Terms and Conditions” means the official 2017 Formula One Paddock Club™ Standard Terms and Conditions also available through the Webshop in addition to these Sales Regulations.