Greyhound Stadia T&Cs – Monmore – Last updated 22/07/20.
1.1. These terms and conditions (“Conditions”) explain how to use the various services we provide including both via this website and the booking facilities and also rules when at the stadium (together the “Services”). Please ensure that you read, understand and familiarise yourself with these Conditions as they create a legally binding agreement between you, your Guests and us. These Conditions form our Contract when you use the Services and shall prevail over any other terms, conditions or additional information provided to you unless expressly varied in writing and signed by us. If you have any questions regarding the Services and in particular this Website, please contact Monmore Green Stadium via email at email@example.com or call 0190 245 2648 during Business Hours.
1.2. These Conditions are split into four parts:
b) Part 2 - entry into, and use of facilities at our Stadiums;
c) Part 3 – the purchasing goods and/or services from us; and
d) Part 4 – general legal aspects of the Services.
1.3. These Conditions and use of the Services are made between Ladbrokes Betting & Gaming Limited, a company registered in England and Wales with registered company number 00775667 and whose registered office is 3rd Floor One New Change, London, United Kingdom, EC4M 9AF (“Ladbrokes”, “we”, “us” or “our”): and
a) Any individual over 18 entering Monmore Green Stadium (parents/guardians shall be responsible for the actions of any under 18s attending with them); and/or
b) Any individual over 18, company or other organisation purchasing any goods and/or Services via a Booking through the Website or at the Stadium for an Event. Part 3 of these Conditions governs such purchase.
Each, or together if applicable, an “Individual” or “you”.
1.4. Your use of the Services in any part will be considered acceptance of these Conditions. By accepting these Conditions you agree to be bound by them and:
b) Any Applicable Laws;
c) GBGB Rules and Regulations; and
d) Any conditions specific to your Ticket.
1.5. Where you are making a booking on behalf of other Guests, please ensure that they are made aware of these Conditions and where to access them, as they govern our relationship.
1.6. These Conditions may be amended from time to time without notice, with any revised Conditions being posted on this Website. Any revision of the Conditions shall replace all previous versions of the Conditions relating to its subject and unless stated in writing otherwise, shall represent the entire agreement between us and you.
1.7. The headings in these Conditions are inserted only for convenience and shall not affect their construction.
1.8. Where appropriate, words importing the male, female or neuter genders shall include the other genders and words denoting a singular number only shall include the plural and vice versa.
1.9. Any reference to a Condition shall be construed as a reference to one of these Conditions.
1.11. In these Conditions the words "other", "includes", "including" and "in particular" do not limit the generality of any preceding words and any words which follow them shall not be construed as being limited in scope to the same class as the preceding words where a wider construction is possible.
2. DEFINITIONS USED IN THESE CONDITIONS
“Applicable Law” means all laws, statutes, rules, regulations and other instruments applicable to any Individual’s attendance on the Stadium;
“Individual” “you” means any person entering the Stadium for any purpose including attending an Event;
“GBGB Rules and Regulations” means the rules and regulations issued by the Great British Greyhound Board from time to time, together with any other regulations issued by the GBGB that apply to Individuals at the Stadium;
“Booking Form” means the document and/or landing page used to facilitate any purchase by an Individual for Services through the Website, which shall be governed by these Conditions;
“Booking” means an Individual's booking for an Event and/or Tickets through the Website;
“Broadcast Partners” means Ladbrokes’s broadcast partners from time to time;
“Business Day” means a day other than Saturday, Sunday or a public holiday in England;
“Business Hours” means between 9 am and 5 pm on a Business Day;
“Charges” means the sums which an Individual has agreed to pay to us in respect of his/her Booking;
“Commercial Activity” means offering for free or selling good (e.g. Tickets) to Individuals, trading, promoting third party materials (whether marketing related or not), facilitating or providing the collation and/or distribution of any Race Material or data relating to an event at the Stadium or conducting any other commercial activities for a direct or indirect monetary purpose in the Stadium;
“Commercial Partners” means Ladbrokes’s commercial partners from time to time;
“Communications Device” means any camera, video equipment, tablet, laptop and other computer equipment, mobile telephone and other telecommunication device capable of capturing, recording and/or transmitting audio, visual and/or audio-visual content;
“Contract” means the contract for the supply of goods and/or Services by us to an Individual comprising these Conditions, Ticket(s) and the Booking Form;
“Event” means an event specified in the Booking Form such as a Race, restaurant booking, seminar, team event, social event or any other gathering organised at the Stadium and permitted by us;
“Force Majeure” means any event beyond the reasonable control of our such as, but not limited to, war, acts of terrorism, civil disturbance, any order or act of a governmental or regulatory body, compulsory closure of the Stadium beyond our reasonable control, fire, flood, severe adverse weather conditions, labour dispute, lock-out, disease, epidemic or pandemic or other circumstances concerning the healthcare or well-being of humans and/or animals;
“GBGB” means the Greyhound Board of Great Britain;
“Guest” means any person attending the event as part of the Individual’s Booking
“Ladbrokes Group” refers to Ladbrokes, its ultimate holding company and any direct and indirect subsidiaries thereof from time to time;
“Minor” means any Individual aged under 18 years attending an Event at the Stadium;
“Prohibited Items” means alcohol, glass bottles, remote controlled drones, knives, dangerous or hazardous items, fireworks, laser pens, smoke canisters, air-horns, drinking glasses, bottles or other glass or similarly breakable containers, cans, flags, banners and other similar articles, poles and any other article that might be used as a weapon and/or may in our reasonable opinion compromise public and/or Stadium safety; helium balloons (outside of permitted areas), musical instruments and such other items that we deem should be prohibited from time to time;
“Race Material” means audio, visual and/or audio-visual content and/or any data or information concerning or relating to any Race, fixture or other Race-related activity at the Stadium including the running of any race itself, all activities involving the preparation of any greyhound or those responsible for the greyhound involved in any Race, the parading of any greyhound in the Stadium, any information relating to greyhounds, conditions (including going and weather conditions), colours, changes to racecards, betting odds (including on-course betting odds and other betting related information), starting information, in-race information, race results and the results of any enquiry;
“Race” means a single greyhound race or one or more greyhound races forming part of a greyhound meeting;
“Stadium” means Monmore Green Stadium, Sutherland Avenue, Wolverhampton, WV2 2JJ, comprising the stadium itself and all surrounding land, car parks and other facilities which are under the ownership and/or control of us;
“Steward” means a safety steward appointed by us or on our behalf in respect of the Stadium;
“Services” means the supply of Tickets, food and drink and/or any catering and/or other services agreed between the parties as set out in the Booking Form;
“Ticket” means any ticket or other equivalent entitlement to enter the Stadium as permitted for a relevant Event;
“VAT” means Value Added Tax or any similar tax in force from time to time; and
“Website” means www.monmoregreyhounds.com
3. ACCESS TO AND USE OF THE WEBSITE
3.1. Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw, suspend or amend any aspect or feature of the Website without notice. If the need arises, we may suspend access to parts of our Website or the entire Website for maintenance purposes. We will not be liable if, for any reason, our Website is unavailable at any time or for any period.
3.2. We may, in our absolute discretion, change the content of our Website (e.g. these Conditions and/or betting promotions) at any time.
3.3. You shall use the Website for your own personal and non-commercial use only and shall not be allowed to provide access or reproduce the Website or any part of it in any form whatsoever without our express consent, including creating links to it.
3.4. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website.
3.5. You are solely responsible for making all arrangements necessary for you to have access to the Website. We will not be liable for any losses caused to you by the internet or any telecommunications service provider which you have engaged in order to access the Website.
3.6. We cannot guarantee that our Website will be compatible with any hardware or software that may be used by you when visiting the Website.
Part 2 – The following clauses apply to any Individual whilst in the Stadium
1.1. Part 2 of these Conditions applies to any Individual entering or within the Stadium.
1.2. All Individuals whether or not in possession of a valid Ticket shall be deemed to have accepted these Conditions and are admitted to the Stadium strictly subject to these Conditions. All Individuals are permitted access to the Stadium at our discretion and must conduct themselves on the Stadium in accordance with these Conditions and all reasonable rules, requests and guidelines which we may publish and impose from time to time. We reserve the right to amend and supplement these Conditions by publishing additional and supplementary conditions and guidelines from time to time and any variation will become effective once posted on the Stadium’s Website.
1.3. We reserve the right to, without prior notice, revoke or revise any of these Conditions on public safety grounds, and any such revocation or revision will be communicated to Individuals as soon as reasonably practicable.
1.4. Any person wishing to attend the Stadium in a commercial capacity, including but not limited to media contractors, on-course bookmakers, site contractors, press and/or participants in racing, must contact the Stadium’s manager before entering the site if not already done so. These Conditions do not apply to person’s entering the stadium in a commercial capacity.
2.1. Any Ticket purchased by an Individual cannot not be transferred, sold, offered for sale, or used for any commercial purpose without our consent (which we may withhold in our absolute discretion).
2.2. All Tickets issued by us or on our behalf shall remain our property until used by an Individual to enter the Stadium. Prior to such use, we reserve the right to require the immediate return of all Tickets at any time.
2.3. Any terms and conditions stated on any Ticket shall apply to you in addition to these Conditions. In the event of any inconsistency between these Conditions and any terms and conditions stated on a Ticket, these Conditions will prevail.
2.4. Any Individual wishing to enter the Stadium to attend an Event will only be admitted into the Stadium upon presentation of a Ticket. A single Ticket may be issued for an Event that lasts multiple days. It is an Individual’s responsibility to ensure they retain their Ticket(s) for an Event lasting multiple days.
2.5. We reserve the right to refuse entry to the Stadium to any Individual who fails to bring their Ticket to an Event or tries to re-enter the Stadium (whilst an Event is on) after leaving without being able to produce a Ticket upon re-entry. Any Individual unable to produce a Ticket will only be admitted/re-admitted on payment of the relevant Charges for the Event (as determined by us at the time of admittance/re-admittance is requested) and provided sufficient space remains in the Stadium.
2.6. Unless stated otherwise, Minors can be admitted to the Stadium for Races without a Ticket and for free but at all times must be accompanied by a Ticket holding Individual and remain bound by these Conditions. Minors must have a Ticket for entry into the Stadium’s restaurant. The Individual must be the parent or guardian of any Minor at the Stadium (or have authority from the parent/guardian) and shall be wholly responsible for the Minor, supervise the Minor at all times and shall ensure that the Minor observes these Conditions. Minors are strictly prohibited from any betting activity at the Stadium or with us in any way.
2.7. Under no circumstances are Minors permitted to access any betting/gaming facilities within the Stadium.
2.8. We accept no responsibility for lost or stolen Tickets and have no obligation to replace a lost or stolen Ticket. If we decide to replace a lost or stolen Ticket, we may charge a fee in doing so.
2.9. Please see Part 3 of these Conditions for terms and conditions regarding refunds for any Booking.
3.1. Entering the Stadium does not constitute guaranteed access to any particular area of the Stadium or any Stadium buildings or facilities. We reserve the right to refuse or restrict access to areas of the Stadium from time to time and on a temporary or permanent basis.
3.2. Unless we give specific written permission, Individuals must not approach or enter the Stadium’s race track nor any part within it, areas between any seating/standing enclosure and the race track, any dog kennel(s), any Race winner’s stand and any other areas that can be reasonably be determined to be private or are marked as so. In the event that Individuals are given written permission to enter the race track, Individuals are prohibited from crossing the race track whilst a Race is occurring.
3.4. Unless stated otherwise, entry to the Stadium for an Event will not entitle any Individual to enter part of the Stadium outside of such parts necessary to attend the relevant function.
3.5. Multiple Events may take place at the Stadium throughout a single day, e.g. Races taking place on an afternoon and then subsequently on an evening. Entry into the Stadium shall be permitted from the time indicated beforehand. If there is a break between Events taking place at the Stadium on the same day, unless stated otherwise, Individuals are not permitted to remain in the Stadium and must leave the Stadium after the earlier Event has ended. We reserve the right to request any Individual to leave the Stadium until the Stadium re-opens for the commencement of the latter Event. We also reserve the right to not permit an Individual to enter the Stadium if entry is past the minimum time of entry stipulated in a Ticket, notified to you otherwise and/or the Event is due to end reasonably soon.
3.6. If applicable, Individuals must only occupy their designated seat and/or area allocated to them for an Event. Once in the Stadium, Individuals are only permitted to change their designated seats and/or area with the express permission or instruction of a Steward, Stadium official or a member of the emergency services.
4. CONDUCT OF INDIVIDUALS
4.1. We reserve the right to, without prior notice and without providing reasons, refuse admission or expel any Individual who in our reasonable opinion:
a) has breached or is likely to breach these Conditions;
b) has or is likely to commit an offence or otherwise do anything which is unlawful (such as facilitate or carry out illegal gambling);
c) behaves or is likely to behave in an unacceptable manner or in a manner likely to cause offence or be of nuisance to other Individuals, impair the experience of other Individuals; and/or
d) uses the whole or any part of the Stadium for any business purpose other than entertainment or hospitality without our prior written approval.
4.2. Further to clause 4.1 above, the following is not permitted on the Stadium and may lead to ejection from the Stadium:
a) any behaviour which may distract or frighten the Race dogs and/or guide/assistance dogs;
b) bringing any animal other than a guide/assistance dog into the Stadium;
c) consumption of drugs or excessive consumption of alcohol;
d) rowdy groups of Individuals;
e) offensive or inappropriate fancy dress;
f) activities that could, in our reasonable opinion, affect any licence, regulatory approval or other arrangement we have with a third party;
g) any action that might prejudice the safety of other Individuals, Stewards, staff or animals at the Stadium;
h) climbing any Stadium fences, stands or any other structures;
i) throwing any object without lawful authority;
j) obstruction of gangways, access ways, exits, entrances, stairways and similar places;
k) damaging or defacing Stadium property;
l) smoking, the use of e-cigarettes or similar;
m) any unauthorised charitable collections;
n) standing in a seating area whilst a Race is underway;
o) conducting, facilitating any form of Commercial Activity without our express prior written consent.
4.3. Whilst in the Stadium, all Individuals must comply with the instructions of Stewards, Stadium officials and/or the emergency services.
4.4. We reserve the right to conduct personal body searches of Individuals and/or search their personal belongings. We shall be entitled to refuse entry to or expel from the Stadium any Individual who refuses to submit to such a search.
4.5. Any Individual in possession of Prohibited Items will be refused entry to or expelled from the Stadium.
5. DRESS CODE
Individuals must comply with any specified dress code for an Event. We reserve the right to refuse an individual access to any area of the Stadium where a dress code is specified and the Individual has not complied with it (in whole or in part).
6. UNAUTHORISED COMMERCIAL ACTIVITY
6.1. We reserve the right to confiscate any equipment, stock, goods or other materials in the possession of any Individual whilst on the Stadium who is, or whom we reasonably believe to be, involved in unauthorised Commercial Activity.
6.2. We reserve the right to take such legal action (including where appropriate obtaining injunctive and other relief) against or in respect of any person who is in breach of this clause 6, who has in the past breached this clause 6 (or any equivalent prior provision) or whom we reasonably believe will breach this clause 6.
6.3. Where any unauthorised advertising or other sponsorship, promotional or marketing material is distributed to Individuals outside the Stadium including but not limited to items of clothing, we reserve the right to refuse entry to any Individual in possession of such material and to confiscate such material from Individuals within the Stadium.
6.4. No Individual shall hire out or offer to hire-out to any third party, any part of the Stadium that is booked as part of an Event without our express prior written consent.
7.1. Unless given our express written consent, no Individual may conduct any betting or gaming related Commercial Activity whilst on the Stadium. Individuals are not prohibited from laying bets with on-course bookmakers or other properly authorised betting businesses within the Stadium or online in their own personal capacity.
7.2. We believe in responsible gambling at all times. Gambling should be an exciting pastime and we urge our customers to have fun but not bet beyond their means. More information on responsible gambling within our Stadium can be found in our Safer Gambling Policy found here or by speaking to a member of staff within the Stadium.
7.3. In addition to the above, more information on responsible gambling and assistance available to you may be sought from third-party on-course bookmakers operating at the Stadium.
8. FOOD AND DRINK
8.1. Except where expressly permitted by us, Individuals are prohibited from taking glass bottles and cups into the Stadium. Individuals may only consume food and/or drinks in designated zones within the Stadium. Individuals are also prohibited from taking alcoholic drinks out of the Stadium upon leaving.
9. USE OF TELECOMMUNICATIONS EQUIPMENT
9.1. Individuals may bring mobile telephones and other mobile devices within the Stadium provided that:
a) they are used for personal and private use only;
b) they are not used for any unauthorised Commercial Activity without our express written consent
c) They are not used to communicate with anyone outside the Stadium to facilitate prohibited Commercial Activity within the Stadium.
9.2. Other than a person who holds an appropriate licence (and/or our express written consent) no Individual may capture, log, record, transmit, play, issue, stream, show or otherwise communicate (by digital or other means) any Race Material, nor may they bring into the Stadium any equipment or technology (whether a mobile telephone or otherwise) for the purpose of capturing, logging, recording, transmitting, playing, issuing, streaming, showing or otherwise communicating (by digital or other means) any such Race Material to the general public by any means. Copyright, database rights and any other intellectual property rights in any unauthorised recording or transmission is assigned (by way of present assignment of future rights) to us. You further agree (if and whenever required to do so by us) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to us absolutely and with full title guarantee.
9.3. By entering the Stadium, all Individuals are acknowledging that photographic images and/or video recordings (and/or stills taken from video recordings) may be taken of them and may also be used, by way of example and without limitation, in televised coverage of Events by or on behalf of us (or our Commercial Partners) for marketing, or promotional purposes. Entry into the Stadium is confirmation that all Individuals have consented to such use of their image. The accompanying adult or guardian of a Minor who enters the Stadium shall be deemed to provide consent of behalf of the applicable Minor.
9.4. Any non-compliance with the above clauses by an Individual (and/or any Minor under their supervision) shall constitute a material breach of these Conditions, giving us the right to cancel and withdraw the breaching person’s Ticket.
9.5. We reserve the right to confiscate any electronic device in the possession or under the control of any Individual who has breached or is likely to breach this clause 9 and/or any person associated with such an Individual.
9.6. No Ticket gives any Individual any right to receive, use or exploit any racing data, audio, visual or audio-visual coverage of any race or fixture. Any coverage or data made available at the Stadium is made available for the personal use and consumption of Individuals only and redistribution to any person outside the Stadium is strictly prohibited.
10. JOURNALISTS, PUBLISHING AND REPORTING
Without prejudice to clause 9, other than persons specifically admitted to the Stadium on the basis of a written permission from us, all other Individuals are prohibited from engaging in the publication, broadcast or distribution by any other means of any composition, report or other material. The prohibition in this clause 10 applies irrespective of the means of publication, broadcast and/or distribution.
Animals other than those competing, required for disabled assistance or specifically authorised by us are not allowed on any part of the Stadium. Where dogs are permitted they must be kept on leads at all times and must not be allowed to foul anywhere on the Stadium. To the extent we are legally able to do so, we reserve the right, if necessary, to report any instances of animal cruelty to relevant authorities.
12. LOSS OR DAMAGE
12.1 We accept no title, risk nor responsibility for the theft, loss or damage to an Individual’s property. Individuals shall be solely responsible for any of their personal property brought into the Stadium.
12.2 Individuals accept that, by its very nature, attending Events (and specifically Races) at the Stadium is not without risk. Individuals must therefore remain vigilant and exercise a reasonable degree of caution and care for themselves, their Guests and those around them at all times.
12.3 Subject to clause 12.4, Ladbrokes excludes to the maximum extent permitted by law any implied terms and liability for loss, injury or damage to persons/property in or around the Stadium.
12.4 Subject to this clause 12, property found at the Stadium that is not validly reclaimed will only be retained by us (at the respective owner’s risk) for six (6) months thereafter, after which the retained property will be disposed of.
All vehicles parked or stored within the Stadium are parked at the owner’s risk and the Stadium accepts no responsibility or liability for such vehicles or any property within them. Unless permitted by us, no vehicles are permitted to be parked or stored in the Stadium when an Event is not taking place. No vehicles are permitted to be parked or stored in a manner that prevents access to the Stadium by any other vehicle. We reserve the right to clamp or remove any vehicle parked improperly.
14. ABANDONED OR DELAYED RACING AND OTHER EVENTS AFFECTING RACING
14.1. We may find it necessary from time to time to cancel an Event and/or close the whole of the Stadium at any time on short notice, whether on its own election, for reasons of Force Majeure or in accordance with directions from the GBGB and any successor body, the emergency services or by the Government or other appropriate regulatory authority.
14.2. Save as set out in these Conditions, we will have no further liability in relation to any abandoned or delayed Event.
14.3. We give no guarantee that:
a) any Event will take place;
b) any particular greyhound or trainer will appear in any Race;
c) any speaker or presenter for will appear in any Event; and
d) nor do we give any representation or warranty concerning the nature or quality of any Race or Event which may be held at the Stadium.
In the event of an emergency, all areas must be evacuated. Please listen to announcements over the public address system. Any emergency should be reported immediately to a Steward and/or Stadium staff.
Part 3 – The following clauses apply to any Booking and/or purchase of goods and/or Services at the Stadium.
1. CHARGES AND PAYMENT
1.1. When you submit a Booking for an Event and/or Tickets through the Website we will send you an email acknowledging receipt of your Booking. Our acceptance of the Booking takes place when after payment by you is received by us and your Booking is confirmed. Once the relevant Booking is confirmed by us, a binding Contract will be formed between you and us. Your Booking is not secured and no Contract shall come into existence until your Booking is confirmed by us. We recommend that you print or download a copy of these Conditions and the relevant Booking confirmation for future reference.
1.2. If a Booking is made for Tickets for an Event and the Booking is confirmed by us:
a) more than seven (7) days before the Event occurs, unless stated otherwise the Tickets will be posted to the Individual at the relevant address provided in the Booking Form. We will only post Tickets to addresses within the United Kingdom; or
b) less than seven (7) days before the Event occurs, unless stated otherwise the Tickets must be collected from the Stadium turnstile by the Individual who made the booking with a copy of the confirmation email as proof of the Booking.
1.3. If the number of Guests that attend an Event is less than the number of Guests specified in the Booking Form for whatever reason, we reserve the right to not issue a refund in whole or in part for Guests that do attend the Event.
1.4. If the number of Guests that attend the Event is greater than the number of Guests specified in the Booking Form, we will endeavour to accommodate excess Guests but we shall not be obliged to do so. We may at our sole discretion admit such Guests subject to availability and the applicable additional Charges at the time of entry being paid to us. Our written approval prior to the Event is required for any number of Guests which is more than the Guests specified on the Booking Form as there may be restrictions on the number of Guests that can be accommodated.
1.5. The Charges for the Event will be immediately due and payable at the time of Booking. The time of payment of any and/or all Charges shall be of the essence in the Contract. If the Individual fails to pay any Charges arising after the Booking is confirmed by us, then we may cancel the Booking.
1.6. All Charges payable to us must be made in pound sterling. VAT (or any other applicable tax or levy) will be charged at the applicable rates. Refunds may be given in accordance with these Conditions.
1.7. Please be aware that we may use third parties to provide, in whole or in part, any aspect of any Event.
1.8. Where applicable, you agree to start your Events at the specified start time and end them at the specified end time (or as agreed between us and you). Failure to start and end an applicable Event may lead the Individual who booked the event to be subject to additional Charges.
1.9. Subject to applicable Charges being paid in full and in advance, an Event may be booked via telephone or in person by contacting or visiting the Stadium respectively during Business Hours. Individuals may also make advanced reservations for an Event. Charges for an Event reservation must be paid one (1) month before the Event commences, or sooner if stipulated, otherwise the reservation will expire. Any booking or reservation made via telephone or in person is subject to these Conditions.
2. CHANGES TO THE CHARGES
2.1. Unless stated otherwise, Charges for the Booking are the Charges due the date the Booking was made.
2.2. We will make reasonable efforts to provide accurate information on the Charges. In some circumstances, incorrect Charges may be stipulated for a Booking that is incorrectly confirmed by us. If this is the case, we reserve the right to seek payment of the correct Charges reasonably before the Event takes place or cancel the applicable Booking if the correct Charges are not subsequently paid.
3. CANCELLATION BY THE INDIVIDUAL
3.1. Any cancellation of a Booking by one party must be made by notice in writing to the other. Any refund of Charges by us (if applicable) in accordance with clause 3.3 of these Conditions shall be confirmed by us thereafter.
3.2. Subject to the provisions of this clause 3.2, an Individual may cancel their Booking within seven (7) days of the date on which they sent the Booking Form to us and we will refund any Charges that have been paid in full. However, if the Booking is made less than ninety (90) days before the date of the Event then this clause will not apply and we will refund the Charges as set out in clause 3.3 below.
3.3. Without prejudice to any other rights and remedies we may have, subject to clause 3.2 if an Individual cancels the Booking then we will refund the Charges as set out below:
a) if an Individual cancels more than 91 days (inclusive) before the Event then we will retain 25% of the Charges and refund the balance of Charges paid; or
b) if an Individual cancels less than 90 days (inclusive) before the Event then we will retain (or the Individual will be liable to pay us) all of the Charges.
4. CANCELLATION BY US
4.1. If the Event or any part of an Individual’s Booking is cancelled by us then we shall (at our discretion) use reasonable endeavours to substitute an alternative for that Booking, or part of that Booking. If an alternative is not available then we will reimburse any Charges paid in respect of the Booking.
4.2. Please note that if cancellation by us occurs after we have started to provide the Services at the Event then the provisions of this clause 4.2 shall not apply and all Charges shall be retained by us.
5. INABILITY TO PROVIDE AN ASPECT OF THE SERVICES
If for any reason we are unable to supply a part of the Booking, we shall notify the Individual as soon as possible. Where reasonably practicable, we shall replace the particular part of the Services with one of at least equal standard and value at no additional cost to the Individual. If it is not reasonably practicable for us to replace the part of the Service then we shall refund in full all sums paid by the Individual that relate to that part of the Services.
6.1 If an Individual wishes to vary a Booking after it is made, then the Individual must notify the Stadium in writing as soon as possible. We will notify the Individual if we are able to accommodate requested variations and/or if they give rise to additional costs. Any changes to a Booking must be confirmed by us in writing. The Individual will have to pay for any additional costs resulting from the changes to the Booking, such charges being payable on confirmation of the variation by us.
6.2 We reserve the right not to vary a Contract.
Part 4 – The following clauses apply to any Individual, Guest and/or Contract.
1.1. Nothing in these Conditions or any Contract shall be interpreted or construed as excluding or limiting the liability of us or an Individual for any matter where it would be unlawful do so, including death or personal injury caused directly by such party's deliberate or negligent act or omission or breach of statutory duty.
1.2. Subject to the above clause 1.1, we shall not in any event be liable to return monies received or pay compensation or damages to an Individual or any third party (for whatever reason such compensation or damages may be due) in excess of the amounts paid to us for each Booking.
1.3. Subject to clause 1.1, we shall not be liable to an Individual and any third party in contract, tort (including negligence and breach of statutory duty) or otherwise howsoever arising in connection with this Contract for:
a) economic loss of any kind whatsoever;
b) loss of profit, business contracts, revenues or anticipated profit, savings or damage to an Individual's reputation or goodwill or special loss;
c) indirect, incidental, exemplary or consequential loss or damage; or
d) to the extent that any loss is caused wholly or partly by breach of any Condition by an Individual including any breach caused by a third party.
1.4. In respect of any event that gives rise to a claim under these Conditions or otherwise howsoever arising, the Individual agrees to notify us as soon as practicably possible of the event giving rise to the claim and we shall not otherwise be liable.
1.5. The Individual agrees that before bringing a claim for the same against us, the Individual shall use its best endeavours to mitigate and recover losses, claims, demands or expenses incurred by it from its insurers instead of us and to the extent that it is successful in recovering such sums from its insurers, we shall not be liable to the Individual.
Individuals are responsible, during and after their visit to the Stadium for an Event, for any and all loss or damage, expense and/or other liability (including third party claims) caused to us by them and/or Guests at the Event. Further, Individuals hereby agree to pay to us and/or any party acting on our behalf on demand, the amount required to remedy or make good such loss, damage or expense and other liability and to put us in the position we would have been, had the same not occurred.
3. FORCE MAJEURE
Save as provided in clause 14 of Part 2 of these Conditions, we shall not be liable to any Individual if and to the extent that any failure or omission by us results from any event of Force Majeure or by any other cause not within our reasonable control of. Nothing in this clause shall affect any obligation on an Individual to make any payment to us.
4. ASSIGNMENT AND SUBCONTRACTING
4.1. The Individual shall not be entitled to assign or transfer a Contract, whether in whole or in part, without our prior written consent.
4.2. For the avoidance of doubt, we shall be entitled to assign and/or sub-contract the Services in whole or in part.
5. ENTIRE AGREEMENT
5.1. These Conditions sets out the entire agreement and understanding between us and you and supersedes all previous agreements and arrangements between us with regard to such transactions. You acknowledge that in entering into a Contract, you have not relied on any statements or representations by us not incorporated into these Conditions. You irrevocably and unconditionally waive any right it may have to claim damages and/or rescind these Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in these Conditions.
5.2. Any terms, conditions or warranties (whether express or implied by statute or common law or arising from conduct or a previous course of dealing or trade custom or usage or otherwise howsoever) as to the care and skill with which we shall provide the Services are expressly excluded by these Conditions to the fullest extent permitted by law.
5.3. No variation of these Conditions and/or a Contract shall be effective unless in writing and executed by or on behalf of us and you.
5.4. The rights provided in these Conditions are cumulative and shall not be deemed exclusive of any other rights to which us or an Individual may be entitled to under any Contract or pursuant to the direction (howsoever embodied) of any court of competent jurisdiction or otherwise.
Delay in exercising, or a failure to exercise, any right or remedy in connection with a Contract shall not operate as a waiver of that right or remedy. A single or partial exercise of any right or remedy shall not preclude any other or further exercise of that right or remedy, or the exercise of any other right or remedy. A waiver of a breach of a Contract shall not constitute a waiver of any subsequent breach.
7. INTELLECTUAL PROPERTY
Unless stated otherwise, all content in or on the Stadium, Website and brochures (including pictures, designs, logos and text) (“Content”) or otherwise is owned by or licensed to us. The Content is protected by copyright and other laws and the Individual shall not use nor procure the use of such content other than as permitted by us in writing.
8.1. All notices relating to a variation of the Services and/or Booking by the Individual should be made in writing and sent by post to the address of the other party shown on the Booking Form. Notices shall not be delivered by hand. Any notice relating to these Conditions and/or any Contract should be made in writing and sent by post (i) to the Individual’s address if being sent by us; or (ii) if being sent by the Individual to us, to Ladbrokes Betting & Gaming Limited, FAO General Counsel, 3rd Floor One New Change, London, United Kingdom, EC4M 9AF with a PDF copy to: firstname.lastname@example.org.
8.2. A notice shall be deemed to have been received:
a) if sent by first class recorded delivery post on a Business Day, at 9.00 am on the second Business Day after posting; or
b) if the notice was not posted on a Business Day, at 9.00 am on the third Business Day after posting.
8.3. In proving service of a notice, it shall be sufficient to prove that delivery was made or that the envelope containing the notice was properly addressed and posted.
9. RELATIONSHIP BETWEEN PARTIES
Nothing in these Conditions shall constitute or be deemed to constitute a partnership or other form of joint venture between the parties or constitute or be deemed to constitute either party the agent or employee of the other for any purpose whatsoever.
10. THIRD PARTY RIGHTS
No person who is not a party to the Contract is entitled to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
The parties intend each of these Conditions to be severable and distinct from the others. If a clause of these Condition is held to be illegal, invalid or unenforceable, in whole or in part, the parties intend that the legality, validity and enforceability of the remainder of these Conditions shall not be affected.
We will use our discretion in deciding when to enforce these Conditions. The nature and complexity of our Stadium operations means that we are unlikely to enforce these Conditions in every instance in which there is a breach. Nonetheless we reserve the right to enforce (without limitation whether by taking practical steps and/or bringing legal proceedings) in every instance where we deem it appropriate. No failure or delay to enforce, or decision by us not to enforce, should be construed as a waiver of our right to do so.
13. GOVERNING LAW AND JURISDICTION
Any Contract and these Conditions are governed by, and shall be interpreted in accordance with the law of England and Wales and each party irrevocably submits to the exclusive jurisdiction of the English courts in relation to all matters arising out of or in connection with a Contract.