FAI SEASON TICKET TERMS & CONDITIONS OF USE – 2018/19

FAI SEASON TICKET TERMS & CONDITIONS OF USE – 2018/19

(The meaning of some terms and definitions may be found at the end of this document)

1. Term
Your Season Ticket will run from 1st August 2018 until the 30th June 2019. Your Season Ticket may be renewed at your request and such renewal shall be subject to the terms and conditions that the FAI may apply at that time.

2. Access to Designated Events

a. For the Term of your Season Ticket you (the Ticket Holder), will have access to and use of your allocated seat(s) for each Designated Event during such hours as are notified to you from time to time.
b. The Designated Events you have access to are those senior men’s national team matches which were listed as available on the date your payment was made and the final of the FAI Cup Final. Any such additional matches held by the FAI during the Term are not automatically included in your Season Ticket payment and shall incur an additional charge.
c. While every effort will be made to try to ensure you have the same or similar seat for each match there is no guarantee the same seat will be available for every match. The FAI will use its reasonable endeavours to provide you with seats of similar quality.

3. Seat Location

a. The block, row and seat number of your seat(s) will be notified to you as soon as reasonably practicable. The FAI shall have the final decision in relation to the allocation of seats.
b. During the Term, the Stadium and/or the seat(s) may be improved, altered or modified and the location of and access to the seat(s) may be changed or modified in any manner reasonably determined by the FAI.
c. The FAI may from time to time substitute another location for the Stadium as the venue for a Designated Event where required as a result of the Stadium being unavailable due to Stadium Force Majeure or other circumstances beyond our control.
d. The allocation of seats shall be on a first come, first served basis. The FAI shall have the final decision in relation to the allocation of seats and the location of the seats

4. Designated Events Not Held

a. In the event a Designated Event is not held during the Term the FAI shall be entitled to substitute that Designated Event for another Designated Event whether in the Stadium or at another location during the Term and no refund shall apply.
b. In the event the alternate Designated Event is not held as referred to in 4(a) above you have the right to a pro-rata refund of any fees paid.
c. The remedies set out in paragraph 4(a) and (b) are the Ticket Holder’s sole rights and remedies in the event that a Designated Event is not held at the Stadium.

5. Catering

a) The FAI will have no liability to the Ticket Holder whatsoever in connection with the provision of any catering at the Stadium. Any complaints in respect of any catering should be taken up directly with the stadium caterer or the stadium management.
b) The Ticket Holder will not bring into, prepare or consume within the Stadium any food or beverages other than those purchased from the stadium caterer.

The Ticket Holder acknowledges that the FAI is under no obligation to sell or procure the sale of alcohol at the Stadium. 6. Repairs and Maintenance

a. The FAI will be responsible for ensuring the performance of all cleaning, repairs and maintenance to the seat(s) provided that the FAI will not accept liability for and shall not be in breach of its obligations by reason of any breakages or defects to any seat(s) which are not the result of ordinary wear and tear or are caused by the acts or omissions of the Ticket Holder. Notwithstanding the foregoing, the FAI will not be liable for and will not be in breach of its obligations by reason of any breakages or defects to any seat if it provides the Ticket Holder with an alternative seat.
b. The FAI and its employees, agents or contractors have the right at any time to carry out emergency repairs to the seat(s), the stadium or any adjoining property of the FAI.

7. Unavailability of Seat(s)

a. If the FAI determines that a seat(s) is unavailable for a Designated Event due to:

i. health and safety requirements, the Ground Regulations or other Regulations or Laws;
ii. the need for repairs or alterations which in the FAI’s opinion are necessary (other than as a result of the acts or omissions of the Ticket Holder); or
iii. any other circumstances at the FAI’s reasonable discretion,

the FAI will use its reasonable endeavours to provide the Ticket Holder during any such period of unavailability with a seat in an alternative location or a seat elsewhere in the Stadium, the location of which is to be determined by the FAI and which, subject to availability, will be of as high a category of seat as possible as the original seat.

8. Disabled Ticket Holders

a. Any application for a disabled seat is required to be accompanied by either of the following pieces of documentation confirming the nature and extent of a person’s disability:
i. A personal letter from a GP; or
ii. Receipt for Disability Allowance.
b. If you have purchased a disabled seat you may be entitled to be accompanied by a third party who shall be entitled to occupy a “carer seat” next to the disabled seat at no cost to you or such third party. Members confined to a wheelchair are automatically entitled to a carer seat. All other applications for a carer seat will be considered on a case by case basis and are dependent on the categorised disability and the level of assistance required by the Member in accessing the stadium. Supporting documentation may be requested by the FAI to support an application for a carer seat. Any such carer shall be deemed to be a guest of the Ticket holder for the purposes of these terms and conditions.
c. The decision of the FAI on whether or not to give a carer seat is final and binding on the Ticket Holder and there is no right of appeal.

9. Swipe Cards

a. Ticket Holders shall be issued with swipe cards which shall replace paper tickets unless the Ticket Holder specifically requests paper tickets at the time of purchase or unless the Ticket Holder purchases the tickets, less than 14 days before a game in which case paper tickets will be issued for that particular game. Swipe cards allow Ticket Holders access to the Stadium for Designated Events only.
b. Tickets are non-transferable. Any person seeking to use such a ticket obtained through unauthorised sources will be refused entry into the Stadium, ejected from the Stadium and/or will have their ticket seized by the Management, in addition to other remedies available to the Management. Upon request from the Management, ticket holders must explain how, from whom and where and for what consideration they obtained their tickets.
c. A Ticket Holder who requires a replacement swipe card for any reason (other than as a result of malfunction of the card) shall pay an administration fee of €10.00 for a replacement Swipe Card. The previous card should be returned to the FAI and will be deactivated and unavailable for use.

10. Undertakings and Acknowledgements of the Ticket Holder

a. The Ticket Holder will comply with all Laws and Regulations and any terms and conditions upon which tickets are issued.
b. The instructions of the Management, stewards and An Garda Síochána must be obeyed at all times, ticket holders must truthfully answer any question concerning a ticket from a steward or member of the Management and ticket holders agree to be searched by a member of An Garda Síochána.
c. The Ticket Holder will not behave in a violent, racist, threatening or abusive manner while using the seat or when otherwise in or in the vicinity of the Stadium.
d. The Ticket Holder acknowledges that standing may restrict the view of other spectators and cause safety and security risks and the Ticket Holder will remain seated in accordance with the Ground Regulations.
e. The Ticket Holder agrees to comply with all directions of the Garda Siochána and stewards. The Ticket Holder acknowledges that it and each guest may be moved within, or ejected from, the Stadium if they are creating a safety and/or security risk.
f. The Ticket Holder will observe the terms and conditions upon which tickets for any transport service made available to the vicinity of the Stadium are issued by the relevant transport operator.
g. The Ticket Holder will not bring into the Stadium any alcohol or flammable, toxic, illegal or other hazardous substances, materials or equipment.
h. The Ticket Holder will not bring into the Stadium any cameras or audio or visual or data broadcasting or recording equipment of any kind for recording purposes without the prior written consent of the FAI and the Ticket Holder will not broadcast or record all or any part of any event by any means or technology nor exploit or seek to exploit same.
i. The Ticket Holder acknowledges and consents to the recording of its and each Ticket Holder guest’s likeness and/or voice and that the FAI and the relevant event organiser is entitled to use all rights in respect of such recordings.
j. The Ticket Holder acknowledges that CCTV is in operation at the Stadium and that their image and that of each authorised guest, may be recorded and kept for safety or security purposes.
k. The Ticket Holder will not sell or offer for sale any product or service from any part of the Stadium.
l. The Ticket Holder will not carry out any gambling or betting activities in the Stadium unless authorised by the FAI.
m. The Ticket Holder will not run any advertisements or promotions relating to or involving in any way the FAI, any event, the Stadium, the use of the seat without the FAI’s prior written consent.
n. The Ticket Holder will not exploit any marketing opportunities (including using tickets as promotions or prizes) in relation to the use of a seat including, without limitation, any display of the Ticket Holder’s or any Ticket Holder guest’s corporate or business logo, trade mark or trade name.
o. The Ticket Holder acknowledges that should the FAI become aware of a Ticket Holder offering their ticket(s) for sale on social media, a secondary ticketing website or any other website offering items for sale at a price above the face value of the ticket the tickets will be immediately cancelled and no person shall be permitted entry to the stadium using those tickets. The decision of the FAI shall be final and binding.
p. The Ticket Holder will not damage, remove or in any way alter the seat or any other property at or forming part of the Stadium.
q. The Ticket Holder and each Ticket Holder guest will not consume alcohol in the Stadium in contravention of Ground Regulations or Law.
r. The Ticket Holder shall report any lost or stolen swipe card to the FAI immediately so that a replacement can be organised. The FAI shall not be responsible for the failure of a Ticket Holder to gain access to the Stadium as a result of their failure to report the swipe card missing or stolen.

11. Payments
Punctual payment of the sums payable as directed by the FAI is of the essence. This means that the Ticket Holder must make all payments due on time, as failure to do so will be considered a material breach of these terms and conditions entitling the FAI to terminate and/or to refuse to despatch tickets to the Ticket Holder and/or to refuse to allow the Ticket Holder access to the Stadium for any event.

12. Force Majeure
If, by reason of an event of Force Majeure, the FAI is delayed in, or prevented from, performing any of its obligations to the Ticket Holder then such delay or non-performance will not be deemed to be a breach of these terms and conditions and no loss, damage or refund will be claimed by you other than as provided in paragraph 4 above.

13. Liability

a. These terms and conditions are subject to the provisions from time to time of all and any Regulations and Laws.
b. The FAI will not be liable for, and the Ticket Holder will not assert any deductions, set-off or claim of any nature against the FAI for any act or omission of or any breach or default by any person other than the FAI including, without limitation, the Stadium, the stadium caterer or any transport operator.
c. The Ticket Holder will be bound by the terms and conditions established from time to time by the FAI for cancellation, abandonment, postponement or replaying of a Designated Event.
d. The FAI will not be liable or responsible for any loss, damage, or injury to the Ticket Holder or any guest of the Ticket Holder, resulting from any cause whatsoever, unless due to the negligence or the wilful misconduct of the FAI.
e. The FAI’s aggregate liability to the Ticket Holder or any guest of the Ticket Holder whether in contract or tort or in any other way, will not exceed the aggregate amount of the fees paid by the Ticket Holder as at the relevant date.
f. The FAI will not be liable to the Ticket Holder for the late delivery or non-delivery of any tickets or other items provided the FAI has posted the same within a reasonable time.
g. Nothing in these terms and conditions seeks to exclude or limit the FAI’s liability for death or personal injury caused by its negligence or for any fraud or wilful misconduct on its part.

14. Indemnity

a. To the fullest extent permitted by applicable law, the ticket holder (in his or her own name and on behalf of any minors using a ticket bought by him or her) accepts all risks and dangers which the ticket holder may face or endure while attending any match and waives any claims against the FAI relating to such risks and dangers. The ticket holder accepts that there are risks to his or her personal safety or property loss on the way to or from and outside of or within the Stadium.
b. Nothing in this agreement will affect the statutory rights of any ticket holder or exclude or restrict any liability for death or personal injury arising from the negligence or improper conduct by the FAI or any other liability which cannot be excluded or limited under applicable law.15. No property interest created
a. The Season Ticket does not grant exclusive possession of the whole or any part of the Seat or the Stadium nor does it create any relationship of landlord and tenant or licensor and licensee.
b. The Ticket Holder is not by virtue of these terms and conditions entitled to any charge over or interest in any property (including the seat, the Stadium or any part thereof) or funds of the FAI.

16. Default and Termination

i. The FAI may terminate the Season Ticket with immediate effect by giving written notice to the Ticket Holder if:
ii. the Ticket Holder fails to pay any sum due on the due date for payment;
iii. The Ticket Holder has been banned from attending matches by competent authorities or sports governing bodies in any jurisdiction, or the Ticket Holder is considered a security risk
iv. The Ticket Holder sells or attempts to sell the tickets to a third party other than when the Ticket Holder is unable to attend a designated event and is selling the tickets at face value
v. the Ticket Holder is in material breach of these terms and conditions and fails to remedy the breach;
vi. (being an individual) a petition is presented against the Ticket Holder, or the Ticket Holder makes an application for an interim order under the Personal Insolvency Act 2012 or otherwise or the Ticket Holder enters into a voluntary arrangement or composition with his creditors or is declared bankrupt ;
vii. (being a body corporate) the Ticket Holder convenes a meeting with its creditors, or comes to any arrangement with them, or has a petition for winding up or an administration order presented against it, or passes a resolution for winding up or has a liquidator, receiver, administrative receiver or examiner or other analogous appointee appointed over all or any part of its assets;
viii. (being a partnership) the Ticket Holder is dissolved
ix. the Ticket Holder or any guest of the Ticket Holder is or becomes an Excluded Person;
x. anything analogous to the events described in paragraph 16 (a)(iii) (iv), or (v) occurs with respect to the Ticket Holder under the laws of any other jurisdiction
a. If the Ticket Holder or guest of the Ticket Holder is in breach of any of these terms and conditions the FAI may refuse entry to the Stadium or require the Ticket Holder and/or any guest of the Ticket Holder to leave the Stadium.
b. If the FAI terminates the Season Ticket under paragraph (a) the FAI will be entitled to retain all sums received from the Ticket Holder to the date of termination.
c. Upon the termination or expiration of the Season Ticket all rights in respect of access to the Seat shall immediately cease.

13. Sale and Assignment

a. If a Ticket Holder dies then upon the FAI being notified the Season Ticket may be transferred to the beneficiary of such Ticket Holder.
b. The FAI may at any time assign, or otherwise transfer its rights to Season Tickets in the Stadium to any body or person and the Ticket Holder hereby consents to such. This shall not affect the rights of the Ticket Holder to access Designated Events.

14. Notices
All notices, demands and other communications will be in writing by post or email as applicable and deemed given if posted to the other party at their respective address set out in their correspondence or to such other address as may be designated by either party.

15. Illegality
Any provision of these terms and conditions which are or becomes illegal, invalid, or unenforceable in any jurisdiction shall not affect the validity or enforceability of any other provisions in these terms and conditions.

16. Data Protection
The FAI shall not share your data to any third party unless the FAI has been authorised by you to do so. The FAI Data Protection Policy and Privacy Statement are available on the FAI website www.fai.ie, or by post if requested.

17. Amendments
The FAI reserves the right to amend or modify these terms and conditions at any time upon giving the Ticket Holder not less than 28 days’ notice.

18. Governing law
These terms and conditions are governed by Irish law and the Courts of Ireland.

GLOSSARY
The following terms have the following meanings:

Designated Events - means any home games as notified are included which are played by the senior men’s football team representing the Republic of Ireland (the National Team) where the FAI is the host association including friendly matches, FIFA World Cup qualifying matches and UEFA European Championship qualifying matches and any FAI Cup Final in which takes place in the season;

Event of Force Majeure - means an event or circumstance or combination of events or circumstances beyond the reasonable control of the FAI including, without limitation, any of the following: act of God, governmental act, the enactment or change in interpretation of any law, regulation or directive having legally binding effect, the terms of any consent or approval required to stage an Event at the Stadium and any action required to ensure compliance with Laws or the Ground Regulations or the Regulations, war, fire, flood, lightning, explosion, radiation or chemical contamination, accident, strike, lock-out, walk-out, industrial action of any kind, civil commotion, impact by any vehicle, vessel or aircraft, national calamity, riot, act of terrorism or any other event or condition which is beyond the reasonable control of the FAI which results in or causes the failure (including by delay) or inability by the FAI to perform any of its obligations;

Excluded Person - means: (a) any person reasonably believed to have been banned, from travelling to or attending a match; (b) any person reasonably believed to have engaged in unauthorised sale of tickets; or (c) any person designated by the FAI as such under its codes or guidelines;

Ground Regulations - means the rules and regulations of the Stadium;

Regulations – means the by-laws, rules, regulations, orders, directions, codes of practice and other guidelines of the Stadium, Dublin city Council, an Garda Siochana, the Dublin Fire Brigade, the FAI, FIFA, UEFA, the European Commission or any other authority, company, person or organisation that has jurisdiction or authority in relation to the holding of events at the Stadium;

Stadium – means the Aviva Stadium Dublin 4

Ticket Holder or you - means the person or entity entitled to use the premium seat pursuant to these terms and conditions and includes any individual holding a ticket issued to the Ticket Holder or using a premium seat pursuant to the Ticket Holder’s rights as contemplated under these terms and condition.