Newcastle United

1 Basis of Contract

1.1 These Conditions shall apply to and be incorporated into the Contract and prevail over any other

terms or conditions and any additional information received by the visitor in respect of the

Stadium Tour.

1.2 The purchaser of a Stadium Tour is required to agree to these

Conditions at the point of purchase. Any individual purchasing for a third party shall be

deemed to be acting with the consent of each visitor for whom they are making the

purchase, including acting with the authority of each visitor to agree to these Conditions on their behalf.

2 Visitors rights and obligations

2.1 The visitor shall only be permitted to access areas of the Stadium that form part of the

Stadium Tour and the visitor agrees not to access any other area of the

Stadium.

2.2 The visitor hereby agrees:

2.2.1 not to carry out any activity whilst in the vicinity of the Stadium which is damaging,

dangerous, offensive, noxious, illegal or immoral or which is or may become a nuisance to

the Club or other visitors to the Stadium;

2.2.2 to comply with all instructions of any Stadium Tour official or employee of the club

 

3 The Club’s rights and obligations

3.1 The Club shall have the right to prevent access to or remove from the Stadium

Tour:

3.1.1 any visitor acting in a way which in the opinion of the Club (in its absolute

discretion) is unacceptable or reasonably likely to cause damage or injury to either themselves

or any other visitor (including drunken, harmful, offensive, threatening,

disrespectful or violent behavior);

3.1.2 any visitor who is breach of any of the Conditions;

without any liability to the visitor by way of compensation, refund, re-admission or

otherwise.

3.2 Due to the operational needs of the Club in the undertaking of its business as a football club, the

Club may be required to act on short notice (e.g. for health and safety reasons) and shall be

entitled to:

3.2.1 repair, replace and modernize any part or parts of the Stadium Tour and

from time to time take such other steps in relation to the Stadium Tour as

the Club in its sole discretion considers to be necessary;

3.2.2 change the contents of the Stadium Tour without notice to the visitor

where such change is required for operational purposes; and/or

3.2.3 close parts of the Stadium Tour without notice to the visitor for

purposes of performing 3.2.1 and 3.2.2;

without liability to the visitor by way of compensation, refund, re-admission or otherwise.

As such the Club cannot guarantee that all advertised elements to the Stadium

Tour will be available.

4 Tour

4.1 All visitors under the age of 14 must be accompanied by a paying parent or guardian or

other adult over the age of 14 years, which person shall accept full responsibility for the minors

they accompany and provide adequate supervision at all times. The Club reserves the right to

require confirmation of age as, in its sole discretion, it considers necessary.

4.2 The visitor should arrive no later than 15 minutes before the allocated start time for their

Stadium Tour and should report to the ticket desk upon arrival. If the visitor fails to arrive

by the allocated start time the Club cannot guarantee that an alternative day/time will be available.

The Club shall make reasonable efforts to transfer the visitors Booking or Group Booking

to an alternative day/time but, whether or not this is done, the Club shall not be liable to the visitor for a refund or any other compensation.

4.3 Stadium Tours last for approximately 90 minutes and therefore may not be suitable for very young

children.

4.4 The visitor shall only be entitled to take photographs and/or video recordings in the

 Stadium Tour for bone fide private and non-commercial purposes.

4.5 The visitor shall be solely responsible for its personal property and the Club shall not be

liable for loss of or damage to such personal possessions.

5 Suspension and/or termination by the Club

5.1 Due to the operational needs of the Club in the undertaking of its business as a football club, the

Club may be required to act on short notice (i.e. when there is a late change of match days) and

the Club shall have the right, at its sole discretion, to:

5.1.1 suspend or cancel the Stadium Tour;

where considered necessary by the Club, whether for operational reasons or otherwise. In such

circumstances the Club shall endeavor to provide notice to the visitor (if reasonably

possible and contact details are available) of such suspension, cancellation or closure and the

visitor shall be entitled (at its own discretion) to accept an alternative date/time or to

receive a refund. No further compensation shall be payable by the Club.

5.2 In the event that the Club provides the visitor with an alternative date/time for the

Stadium Tour and this is accepted by the visitor, the Club’s obligations to the visitor shall cease and it shall have no further liability.

5.3 In the event that the Club refunds the visitor’s Booking, the Club’s obligations to the visitor shall cease and it shall have no further liability to the visitor. For the avoidance of

doubt, the refund referred to in this Condition 5.3 shall be the price paid by the purchaser (for and

on behalf of the visitor) at the time of the Booking.

6 Cancellation by the visitor

6.1 The visitor shall have the right to cancel an advance booking, where payment has been

made, but shall not be entitled to a refund. If the visitor requests an alternative date/time,

the Club shall make reasonable efforts (subject to availability) to rearrange the visitor’s

booking but shall not provide any guarantee to this effect or incur any liability to the visitor

for its failure to do so.

6.2 If the Ticket Holder cancels a Group Booking, the Club shall be entitled to retain any deposit paid

by (or on behalf of) the visitor at the time of the Group Booking, but the Ticket Holder shall

not be required to pay the remaining balance. The Ticket Holder may request an alternative

date/time for the Group Booking, subject to the terms of Condition 6.1, and shall be entitled to use

the original deposit against that alternative date/time for a Group Booking.

7 Liability

7.1 The visitor shall be liable for all costs, losses and liabilities incurred by the Club as a result

of any damage to the property of the Club caused by the visitor and/or any actions of the

visitor, including (but not limited to) the damage and actions referred to in Conditions 2.2.1

and 3.1.1.

7.2 Subject to Condition 7.4, the Club’s total aggregate liability to the visitor for any cause of

action arising out of or in connection with the Contract (whether for breach of contract, strict

liability, tort (including negligence), misrepresentation or otherwise) shall not exceed the price paid

by (or on behalf of) the visitor for the Stadium Tour.

7.3 Subject to Condition 7.4, the Club shall have no liability whatsoever for any indirect, special,

consequential or exemplary loss or damage incurred by the visitor (including, but not

limited to, any travel and accommodation costs) arising out of or in connection with the Booking or

Group Booking or the suspension or cancellation of the Booking or Group Booking by the Club

pursuant to Condition 5, whether or not the Club knew or should have known of the possibility of

such loss or damage.

7.4 Nothing in the Contract shall limit or exclude the Club’s liability for:

7.4.1 death or personal injury caused by its negligence; or

7.4.2 fraudulent misrepresentation.

8 Warranties and indemnities

8.1 All warranties, conditions and other terms implied by statute or common law are, to the fullest

extent permitted by law, excluded from the Contract.

8.2 The visitor shall indemnify the Club against (i.e. reimburse the Club for) all liabilities, costs,

expenses, damages and losses (including any direct, indirect or consequential losses, loss of

profit, loss of reputation and all interest, penalties and legal and other professional costs and

expenses) suffered or incurred by the Club (including in respect of any third party claim brought

against the Club) and arising out of or in connection with any actions of, or damage caused by,

the visitor.

9 General

 9.1 The Club shall have no liability to the visitor under the Contract if it is prevented from, or

delayed in performing, its obligations under the Contract or from carrying on its business by acts,

events, omissions or accidents beyond its reasonable control.

9.2 No variation of the Contract or the Conditions shall be valid unless it is in writing and signed by or

on behalf of both the Club and the visitor.

9.3 These Conditions together with (as appropriate): (i) any associated online application

form/process; and (ii) the scripted information read out to callers to the call centre; or (iii) the

information provided as part of the interactive voice recognition purchase process; comprise

the entire agreement between the Club and each visitor in relation to the Contract.

9.4 The Club and its group companies shall be entitled to enforce these Conditions against each

visitor. The Club shall at any time be entitled to assign, transfer or novate the benefit

and/or burden of (and any right or obligation of the Club under) these Conditions to any of its

group companies.

9.5 Notwithstanding that any provision of the Contract may prove to be illegal or unenforceable, the

remaining provisions of the Contract shall continue in full force and effect.

9.6 The Contract shall be construed and performed in all respects in accordance with the laws of

England and each party agrees to submit to the exclusive jurisdiction of the English courts.