Terms And Conditions

TICKETS – CONDITIONS OF ISSUE – HERIOT’S RUGBY CLUB HOME MATCHES

1. Definitions

In these Conditions of Issue, the following words will have the following meanings:

“Conditions of Entry” means: (i) these Conditions of Issue; and (ii) the Ground Rules;

“Conditions of Issue” means these terms and conditions governing the issue and use of a Ticket as may be amended by Heriot’s Rugby Club from time to time;

“Ground Rules” means those ground rules issued by Heriot’s Rugby Club or the Stadium owner from time-to-time setting out the terms and conditions upon which spectators are granted admission to the Stadium (copies of which are on display at the Stadium, on the Heriot’s Rugby Club website at www.heriotsrugbyclub.co.uk and which can also be obtained upon request from Heriot’s Rugby Club);

“Match” means a home rugby match held at the Stadium and in which the Team participates and “Matches” will be construed accordingly;

“Heriot’s Rugby Club” means Heriot’s Rugby Club Limited, a company incorporated in Scotland with registered number SC509653 and having its registered office at Goldenacre, Bangholm Terrace, Edinburgh EH3 5QN;

“Season Ticket” means a ticket access card entitling you, subject to the Conditions of Entry, to admission to those Matches specified by Heriot’s Rugby Club as being included within the season ticket, and use of the nominated seat at those Matches;

“Stadium” means (i) Goldenacre, Edinburgh, EH3 5QN and its surrounding grounds owned, occupied or controlled by George Heriot’s Trust; or (ii) any alternative venue at which a Match is played;

“Team” means the Heriot’s Rugby Club 1st, 2nd and 3rd XV or further teams if the player pool increases; Junior & Youth section.

“Ticket” means an individual ticket for admission to a Match, or a Season Ticket; and

“you” means the holder of a Ticket and “your” will be construed accordingly.

2. Formation of Contract

2.1. These Conditions of Issue must be read in conjunction with the Ground Rules; together they comprise the Conditions of Entry under which a Ticket is sold to you and entry to the Stadium is made available. They apply only to Tickets sold by or on behalf of Heriot’s Rugby Club through its official outlets and not any sales via any secondary ticket service provider.

2.2. Purchase of a Ticket from Heriot’s Rugby Club constitutes acceptance of the Conditions of Entry.

2.3. You confirm that any personal data, such as your name and address or date of birth that you provide as part of the ticket purchasing process are accurate and up to date and that you consent to Heriot’s Rugby using these, including passing these to those third parties and for the purposes stated at the time of application, acceptance of your application or sale, as the case may be.

2.4. All Tickets are sold subject to a safety certificate for the Stadium being granted by the appropriate authorities and being in place for each Match.

2.5. Heriot’s Rugby Club may place a limit on the number of Tickets that may be purchased in a single transaction or a series of transaction and reserves the right to cancel Tickets purchased in excess of this number, and provide a refund at the face value of the Tickets.

3. Admission

3.1. If you do not comply with the Conditions of Entry Heriot’s Rugby Club may, without prejudice to any other remedy it may have, refuse admission or may eject you from the Stadium.

3.2. Tickets are not valid for any events at the Stadium other than the Match specified on the individual Ticket or in the case of a Season Ticket, the Matches specified by Heriot’s Rugby Club as being included within the Season Ticket.

3.3. Subject to Heriot’s Rugby Club right to relocate you set out in Clause 3.14, a Ticket permits you to occupy, at the relevant Match, the seat indicated on the Ticket or stated on the confirmation receipt/email of purchase or otherwise notified to you by Heriot’s Rugby Club.

3.4. Heriot’s Rugby Club does not guarantee admission if you arrive at the Stadium less than thirty (30) minutes before the publicised kick-off time.

3.5. To be admitted to the Stadium, you must show your Ticket, Membership Card or Complimentary ticket at the turnstile.

3.6. While at the Stadium you agree to behave in a reasonable, responsible and lawful manner and to comply with the instructions of any official, steward or employee of Heriot’s Rugby Club or any police officer.

3.7. Except for authorised press or media representatives holding official passes, or as permitted by the Ground Rules, you must not bring any equipment which is capable of recording footage of a Match into the Stadium or use such equipment for that purpose. Mobile telephones are allowed for personal and private use but not for recording Matches.

3.8. If you breach Clause 3.7 you may be refused admission to or be ejected from the Stadium and be required to deliver up any tapes, films, disks or other recordings or data to Heriot’s Rugby Club and the copyright in such recording or transmission is hereby assigned (by way of present assignment of future copyright) to Heriot’s Rugby Club.

3.9. Heriot’s Rugby Club and Scottish Rugby Union may from time to time create images and/or audio-visual footage of spectators attending the Stadium and this may include you. Heriot’s Rugby Club and the Scottish Rugby Union owns all rights in these images and footage and will be entitled to use these:

3.9.1. to promote Heriot’s Rugby Club and Scottish Rugby Union and its commercial partners; and

3.9.2. for any other commercial activity.

You hereby give your consent to Heriot’s Rugby Club to use your image for these purposes.

3.10. You agree not bring into, use or display any sponsorship, promotional or marketing materials within the Stadium.

3.11. You agree not to offer or distribute (either free or for sale by any person) any consumer item or commercial product of any nature within the Stadium.

3.12. If you leave the Stadium at any time on a Match day, you will not be entitled to re-enter except where Heriot’s Rugby Club expressly approves such re-entry.

3.13. Children under 18 years of age will be admitted to the Stadium for Matches free of charge if they are accompanied by an adult with a valid Ticket for the same Match, unless the Stadium has been hired by Edinburgh Rugby or Scottish Rugby Union, at which point all spectators will be subject to their Terms & Conditions of entry.

3.14. Heriot’s Rugby Club may, in its reasonable discretion, relocate you to an alternative seat for any Match or part of a Match. Exercise of this right includes but is not limited to the following situations:

3.14.1. if Heriot’s Rugby Club is required under the rules of a competition to provide that seating for the use of the competition organizer;

3.14.2. if the section of the Stadium in which the seat purchased is located has been closed; or

3.14.3. for safety, security or other operational reasons.

Reasonable efforts will be made to provide a comparable seat elsewhere in the Stadium.

4. Use of a Ticket

4.1. All Tickets remain the property of Heriot’s Rugby Club.

4.2. Please retain your Ticket at all times as you may be required to produce it together with evidence of your identity by any official, steward or employee of Heriot’s Rugby Club or any police officer.

4.3. You agree not to sell, assign or transfer the Ticket or the benefit of it to any other person without the prior written consent of Heriot’s Rugby Club, except that:-

4.3.2. if you have purchased Tickets on behalf of a group of people, you must retain one Ticket for your own use. The remaining Tickets are also subject to the Conditions of Entry and may be transferred to the other members of the group for their personal use provided that:

4.3.2.1. the other members of the group would otherwise have been entitled to purchase a Ticket and attend the Match;

4.3.2.2. the transfer is not for a payment or benefit which exceeds the face value of the Ticket;

4.3.2.3. the transfer does not take place in the course of any business or for the purpose of facilitating any third party’s business;

4.3.2.4. you make each member of the group aware that the Ticket is subject to the Conditions of Entry and that these apply as if the group member was the original purchaser; and

4.3.2.5. you will provide the names and address of the group members if asked to do so by any official, steward or employee of Heriot’s Rugby Club or any police officer;

4.3.3. if you and/or a guest are unable to attend the Match, you may transfer that Ticket to a person who is known to you personally, subject to the conditions stated in Clauses 4.3.2.1–4.3.2.5, with that person being treated as if they were a member of a group for the purposes of this Clause 4.3.3.

4.4. You must not offer Tickets as gifts or prizes in any competitions or other promotional activities, unless Heriot’s Rugby Club (in its absolute discretion) has given its prior written consent.

5. Pricing & Ticketing Information

5.1. If Heriot’s Rugby Club discovers an error in the price or nature of the Ticket you have ordered from Heriot’s Rugby Club , Heriot’s Rugby Club will inform you as soon as possible, and give you the option of reconfirming your order at the correct price/specification, or cancelling it. If Heriot’s Rugby Club is unable to contact you, it will treat the order as cancelled and you will be given a refund at the face value of the Ticket on request, provided the request is made within a reasonable period.

5.2. Heriot’s Rugby Club may apply:

5.2.1. a charge for the use of debit and credit cards as methods of payment for Tickets but any debit and credit card charges applied will not exceed the cost borne by Heriot’s Rugby Club for the use of those methods of payment; and

5.2.2. a booking fee for the issue of each Ticket purchased. The booking fee will be charged in addition to the stated face value of the Ticket and any payment method charge and includes the costs of administration, postage and delivery costs and other fulfilment charges.

5.3. If a Season Ticket is being paid for in instalments, such as direct debit, the Season Ticket cannot be used while any instalment is overdue. Attempted use in such circumstances may lead to deactivation or confiscation until any outstanding amounts (which may include an administration charge and reasonable interest) are paid.

5.4. If a direct debit instalment is not honoured, Heriot’s Rugby Club may re-present the instruction to your bank or building society for payment and charge you an administration fee of up to £10 for doing so.

5.5. If outstanding sums are not paid within a reasonable period, Heriot’s Rugby Club may terminate the instalment arrangement and either require you to pay all sums due plus interest or terminate this agreement and seek to sell the Season Ticket to a third party for the remainder of the Matches.

5.6. You may be subject to legal action by Heriot’s Rugby Club to recover any losses incurred if Heriot’s Rugby Club is unable to resell the Season Ticket. In addition, failure to pay may affect your ability to purchase tickets for future matches, to renew the Season Ticket, or to pay by instalments in the future.

6. Changes to Date or Venue, Refunds and Exchange

6.1. Once you have purchased a Ticket, you will not be entitled to cancel it and no refund will be payable by Heriot’s Rugby Club for any Matches that you are unable to attend.

6.2. In particular, you should note the following:

6.2.1. the dates, locations and times of all of Matches are subject to alteration and Heriot’s Rugby Club will have no liability to you if these are altered;

6.2.2. Heriot’s Rugby Club will use reasonable endeavours to publicise any changes to the date, locations and times of any Match as far in advance as possible via its website. Heriot’s Rugby Club recommends that you check its website on a regular basis in order to confirm the latest dates and times of Matches;

6.2.3. Matches may be postponed, abandoned or relocated (for example, due to pitch or weather conditions or other circumstances outside Heriot’s Rugby Club’s control) and Heriot’s Rugby Club will have no liability to you in these circumstances. You should retain the Ticket you were originally issued.

6.3. If a Match is cancelled and not subsequently re-arranged, or requires to be played behind closed doors, you will be entitled to a refund of the face value of your Ticket for that Match or pro rata in the case of a Season Ticket.

6.4. Entry to any alternative venue will be subject to the ground rules applying at that venue.

7. Lost or Stolen Tickets

7.1. Heriot’s Rugby Club is not responsible for any Ticket which is lost, misplaced, damaged or stolen. If your Ticket is lost or stolen you should report this to Heriot’s Rugby Club as soon as possible. If your Ticket is stolen, you should also contact the police.

7.2. Subject to the provision of satisfactory evidence of loss or theft, Heriot’s Rugby Club may, at its option, issue you with a replacement Ticket upon payment by you of a non-refundable administration fee of £10. Heriot’s Rugby Club reserves the right to withdraw this replacement Ticket facility for any Match without notice or liability.

8. Cancellation & Withdrawal of Home Match Ticket

8.1. Without limiting any other remedies it may have, Heriot’s Rugby Club will be entitled to treat any Ticket obtained, used or offered for sale in breach of the Conditions of Entry as void and in that event all rights conferred by that Ticket will be nullified.

8.2. If you commit a serious or any persistent breaches of the Conditions of Entry Heriot’s Rugby Club may take any, or any combination of, the following steps:

8.2.1. issue a warning;

8.2.2. refuse entry to the Stadium;

8.2.3. eject you from the Stadium;

8.2.4. confiscate and/or deactivate the Ticket;

8.2.5. exclude you from future entry to the Stadium for such period as Heriot’s Rugby Club considers appropriate, in all of the circumstances;

8.2.6. withdraw any right to buy tickets for other matches;

8.2.7. cancel your participation in any membership scheme operated by or on behalf of Heriot’s Rugby Club;

8.2.8. terminate this agreement on written notice with immediate effect; and

8.2.9. take separate legal action against you.

No refunds will be given in any of these circumstances.

8.3. The following actions will automatically constitute serious breaches of the Conditions of Entry:

8.3.1. breach of any of the Ground Rules;

8.3.2. committing a criminal offence in the Stadium or on the premises of Heriot’s Rugby Club;

8.3.3. endangering the health, safety or welfare of any person at or during a Match or while on the premises of Edinburgh Rugby;

8.3.4. causing damage to any property or premises of Heriot’s Rugby Club;

8.3.5. sale or transfer of a Ticket to any person other than as permitted by the Conditions of Issue;

8.3.6. the supply of any misleading or incorrect information in any application for a Ticket;

8.3.7. any failure to pay or default of payment in respect of any sums owing to Heriot’s Rugby Club(or any third party) in respect of a Ticket;

8.3.8. any failure to comply with the instructions of an official, steward or employee of Heriot’s Rugby Club or any police officer;

8.3.9. accessing or attempting to access the pitch area of the Stadium without authorisation.

8.4. The list of actions which constitute a serious breach of the Conditions of Entry set out in Clause 8.3 is not exhaustive. There may be other actions which Heriot’s Rugby Club deems to be a serious breach of the Conditions of Entry and entitle Heriot’s Rugby Club to exercise its rights under the Conditions of Entry.

8.5. Return or reactivation of a confiscated Ticket will be at the discretion of Heriot’s Rugby Club.

9. Exclusion of Liability

9.1. You are responsible for your own safety and the safety of any accompanying children when you are at the Stadium. Heriot’s Rugby Club excludes any liability for any loss, injury or damage to persons or property in or around the Stadium.

9.3. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Conditions of Entry.

9.4. Subject to Clause 9.5:

9.4.1. Heriot’s Rugby Club will not be responsible for any interruptions and/or restrictions to your view of the Match caused by: (i) the position of your seat; or (ii) the actions of other spectators; or (iii) the actions of Heriot’s Rugby Club’s personnel or those of the Stadium owner or the emergency services;

9.4.2. Heriot’s Rugby Club will not be liable to your whether in contract, delict (including negligence) or for breach of statutory duty or in any way for (in each case whether direct or indirect) any indirect or consequential losses whatsoever; and

9.4.3. Heriot’s Rugby Club’s total liability to you in contract, delict (including negligence) or for breach of statutory duty or otherwise arising in connection with this agreement will be limited to a sum equal to the total face value of the Tickets purchased by you from Heriot’s Rugby Club .

9.5. Nothing in the Conditions of Entry will serve to limit Heriot’s Rugby Club’s liability in respect of death or personal injury caused by or arising from its negligence, or fraud.

10. Pitchside Standing

10.1. Heriot’s Rugby Club may, at its absolute discretion, make a pitchside standing facility available at certain Matches.

10.2. Where a pitchside standing facility is made available, your Ticket will permit you to occupy the section of the Stadium, subject to the following conditions:

10.2.1. due to space restrictions, the pitchside standing facility will only be made available on a first come, first served basis and, accordingly Heriot’s Rugby Club does not guarantee that you will be able to make use of the pitchside standing facility with a Ticket for the relevant Match;

10.2.2. where you use the pitchside standing facility, you agree to comply with any instructions or guidance given by an official, steward or employee of Heriot’s Rugby Clubor any police officer; and

10.2.3. where you use the pitchside standing facility, you agree to be particularly mindful of your own health and safety given your proximity to the pitch area of the Stadium and you acknowledge and accept the risks

and dangers inherent in standing in close proximity to the pitch area. Heriot’s Rugby Club draws your attention to Clauses 9.1 to 9.4 (inclusive) which limit Heriot’s Rugby Club’s liability in this regard.

11. General

11.1. If Heriot’s Rugby Club delays or fails to enforce any of these Conditions of Entry it will not mean that Heriot’s Rugby Club has waived its right to do so.

11.2. Heriot’s Rugby Club will be entitled to assign any of its rights and obligations under the Conditions of Entry provided that your rights are not adversely affected.

11.3. If it is found by a court of competent jurisdiction that any of the Conditions of Entry cannot be enforced for any reason, this will not prevent the other provisions from continuing to apply.

12. Governing Law

These Conditions of Issue and the Conditions of Entry are governed by Scots Law and any dispute relating to them will be subject to the exclusive jurisdiction of the Scottish Courts.