In these Conditions of Issue, the following words will have the following meanings:
"Car Park" means the Saughtonhall Car Park located near to Murrayfield Stadium, behind Murrayfield Ice Rink or such other car parking facility as Edinburgh Rugby may specify;
"Car Park Terms and Conditions" means the terms and conditions applied by Scottish Rugby Union plc, Edinburgh Rugby or the Stadium operator for the use of car parking facilities and available on the Edinburgh Rugby website, on request from Edinburgh Rugby or via the Scottish Rugby website at www.sru.org.uk;
"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;
"Ground Rules" means those ground rules issued by Edinburgh Rugby 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 Edinburgh Rugby website at www.edinburghrugby.org and which can also be obtained upon request from Edinburgh Rugby);
"Match" means a home rugby match held at the Stadium and in which the Team participates and "Matches" will be construed accordingly;
"Edinburgh Rugby " means Scottish Rugby Union plc, trading as Edinburgh Rugby, a company incorporated in Scotland with registered number SC132061 and having its registered office at Murrayfield, Edinburgh EH12 5PJ;
"Season Ticket" means a ticket access card entitling you, subject to the Conditions of Entry, to admission to those Matches specified by Edinburgh Rugby as being included within the season ticket, and use of the nominated seat at those Matches;
"Stadium" means (i) Murrayfield Stadium, Edinburgh, EH12 5PJ and its surrounding grounds owned, occupied or controlled by Scottish Rugby; or (ii) any alternative venue at which a Match is played;
"Team" means the Edinburgh Rugby XV;
"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.
2.1. 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 Edinburgh Rugby through its official outlets and not any sales via any secondary ticket service provider.
2.2. Purchase of a Ticket from Edinburgh Rugby 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 Edinburgh 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. Edinburgh Rugby 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.
3.1. If you do not comply with the Conditions of Entry Edinburgh Rugby may, without prejudice to any other remedy it may have, refuse admission or 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 Edinburgh Rugby as being included within the Season Ticket.
3.3. Subject to Edinburgh Rugby's 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 Edinburgh Rugby.
3.4. Edinburgh Rugby 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 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 Edinburgh Rugby 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 Edinburgh Rugby and the copyright in such recording or transmission is hereby assigned (by way of present assignment of future copyright) to Edinburgh Rugby.
3.9. Edinburgh Rugby may from time to time create images and/or audio-visual footage of spectators attending the Stadium and this may include you. Edinburgh Rugby owns all rights in these images and footage and will be entitled to use these:
3.9.1. to promote Edinburgh Rugby and its commercial partners; and
3.9.2. for any other commercial activity.
You hereby give your consent to Edinburgh Rugby to use your image for these purposes.
3.10. You agree not to 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 Edinburgh Rugby expressly approves such re-entry.
3.13. Children aged two (2) or over must have a valid Ticket and be accompanied by an adult with a valid Ticket for the same Match. Children under the age of two (2) 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.
3.14. Edinburgh Rugby 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 Edinburgh Rugby 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.
4.1. All Tickets remain the property of Edinburgh Rugby.
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 Edinburgh Rugby 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 Edinburgh Rugby , except that:-
4.3.1. you may sell or transfer a Ticket using the services of Edinburgh Rugby's Official Secondary Ticket Partner, subject to the terms and conditions of that service. Please note this exception does not apply for any other secondary ticket marketplace provider and a sale or transfer of a Ticket or offering a Ticket for sale or transfer in those circumstances may be treated as a serious breach of the Conditions of Entry entitling Edinburgh Rugby to take any of the steps listed in Clause 8.2, including cancellation of the Ticket and exclusion from future purchases;
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:
18.104.22.168. the other members of the group would otherwise have been entitled to purchase a Ticket and attend the Match;
22.214.171.124. the transfer is not for a payment or benefit which exceeds the face value of the Ticket;
126.96.36.199. the transfer does not take place in the course of any business or for the purpose of facilitating any third party's business;
188.8.131.52. 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
184.108.40.206. you will provide the names and addresses of the group members if asked to do so by any official, steward or employee of Edinburgh Rugby or any police officer;
4.3.3. if you and/or a guest are unable to attend the Match and you do not wish to sell or transfer the Ticket using the services of the Official Secondary Ticket Partner, you may transfer that Ticket to a person who is known to you personally, subject to the conditions stated in Clauses 220.127.116.11–18.104.22.168, 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 Edinburgh Rugby (in its absolute discretion) has given its prior written consent.
5.1. If Edinburgh Rugby discovers an error in the price or nature of the Ticket you have ordered from Edinburgh Rugby, Edinburgh Rugby 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 Edinburgh Rugby 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. In addition to the stated value of the Ticket, Edinburgh Rugby may apply a transaction fee and/or a delivery fee for the processing and issue of Tickets purchased. The transaction fee includes payment method costs, costs of administration charges and other fulfilment charges. The delivery fee includes postage and delivery costs to reflect the chosen method of Ticket delivery.
5.3. Any charge for the use of debit and credit cards as methods of payment for Tickets will not exceed the cost borne by Edinburgh Rugby for the use of those methods of payment.
5.4. 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.
5.5. If a direct debit instalment is not honoured, Edinburgh Rugby 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.
5.6. If outstanding sums are not paid within a reasonable period, Edinburgh Rugby 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.
5.7. You may be subject to legal action by Edinburgh Rugby to recover any losses incurred if Edinburgh Rugby 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.
5.8. If you have agreed to renew your Season Ticket automatically each year, a seat in that price category will be reserved for you for each succeeding season unless you notify Edinburgh Rugby in writing, by the deadline set by Edinburgh Rugby that you wish to end that arrangement. While reasonable efforts will be made to reserve the same seat for you, Edinburgh Rugby does not guarantee that the same seat will be available.
5.9. If you have not withdrawn your agreement to automatically renew by the deadline you will be deemed to have agreed to purchase a Season Ticket for the seat allocated to you and you authorise Edinburgh Rugby to continue to operate your direct debit instruction for the price of that Season Ticket.
6.1. Once you have purchased a Ticket, you will not be entitled to cancel it without the agreement of Edinburgh Rugby and no refund will be payable by Edinburgh Rugby for any Matches that you decide not to attend or 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 Edinburgh Rugby will have no liability to you if these are altered;
6.2.2. Edinburgh Rugby 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. Edinburgh Rugby 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 Edinburgh Rugby's control). You should retain the Ticket you were originally issued. Subject to Clause 6.2.4, and any capacity restrictions, you will be entitled to attend the re-arranged Match using the same Ticket but Edinburgh Rugby does not accept any other liability to you in these circumstances; and
6.2.4. Matches may, occasionally, require to be played behind 'closed doors' meaning that no spectators are allowed to attend.
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.
7.1. Edinburgh Rugby 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 Edinburgh Rugby 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, Edinburgh Rugby may, at its option, issue you with a replacement Ticket upon payment by you of a non-refundable administration fee of £10. Edinburgh Rugby reserves the right to withdraw this replacement Ticket facility for any Match without notice or liability.
7.3. Edinburgh Rugby does not accept responsibility for any Ticket which has been lost or delayed in the postal system and does not guarantee that Tickets sent by Edinburgh Rugby to you by post will arrive in sufficient time for you to attend the Match. However, any reprints or reissue due to late delivery where you have paid for a premium postal service will be free of charge, subject to proof of postage and Edinburgh Rugby's discretion (acting reasonably).
8.1. Without limiting any other remedies it may have, Edinburgh Rugby 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 Edinburgh Rugby 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. cancel, confiscate and/or deactivate the Ticket;
8.2.5. exclude you from future entry to the Stadium for such period as Edinburgh Rugby considers appropriate, in all of the circumstances;
8.2.6. withdraw any right to buy tickets for other matches;
8.2.7. exclude you from purchasing Tickets in the future;
8.2.8. cancel your participation in any membership scheme operated by or on behalf of Edinburgh Rugby;
8.2.9. terminate this agreement on written notice with immediate effect; and
8.2.10. 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 Edinburgh Rugby;
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 Edinburgh Rugby;
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 Edinburgh Rugby (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 Edinburgh Rugby 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 Edinburgh Rugby deems to be a serious breach of the Conditions of Entry and entitle Edinburgh Rugby to exercise its rights under the Conditions of Entry.
8.5. Return or reactivation of a confiscated Ticket will be at the discretion of Edinburgh Rugby.
9.1. You are responsible for your own safety and the safety of any accompanying children when you are at the Stadium.
9.2. Subject to Clause 9.5 and to the maximum extent permitted by law, Edinburgh Rugby 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. Edinburgh Rugby 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 Edinburgh Rugby's personnel or those of the Stadium owner or the emergency services;
9.4.2. Edinburgh Rugby 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. Edinburgh Rugby'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 Edinburgh Rugby.
9.5. Nothing in the Conditions of Entry will serve to exclude or limit Edinburgh Rugby's liability to you in respect of death or personal injury caused by or arising from Edinburgh Rugby's negligence, or fraud.
10.1. Edinburgh Rugby may, at its absolute discretion, make a pitchside standing facility available at certain Matches. Edinburgh Rugby makes no guarantee that a pitchside standing facility will be available at any specific Match.
10.2. Where a pitchside standing facility is made available, your Ticket will permit you to occupy the section of the Stadium allocated to pitchside standing at the relevant Match, 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 Edinburgh Rugby 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 Edinburgh Rugby or 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. Edinburgh Rugby draws your attention to Clauses 9.1 to 9.4 (inclusive) which limit Edinburgh Rugby's liability in this regard.
11.1. If you have purchased a Season Ticket you will have the right, subject to availability, to buy one ticket at face value for each home international game played at the Stadium during the term of the Season Ticket.
11.2. If you choose to take up that right you must exercise it by the deadline set by Edinburgh Rugby and if not exercised by that time, it will cease.
11.3. If you purchase an adult Season Ticket you will, subject to availability on a first-come, first-served basis, be provided with a pass to use the Car Park on the days you are attending a Match for which your Season Ticket is valid, at no additional cost and during the times at which that Car Park is open for the relevant Match. This right does not apply in relation to any Scotland international match.
11.4. Use of the Car Park is subject to the Car Park Terms and Conditions. In particular, use of the Car Park is at your risk. Edinburgh Rugby does not accept liability for any loss or theft of or damage to property or vehicles using those facilities.
11.5. Please note that the Cark Park is a shared facility. Accordingly, Edinburgh Rugby cannot guarantee that a space will be available for you in the Car Park on Match days and you should arrive early on relevant Match days if you wish to use the Car Park.
11.6. You acknowledge that the benefits set out in Clauses 11.1 and 11.3 are additional benefits and Edinburgh Rugby will be entitled to withdraw this benefit at any time without any liability to you.
12.1. If Edinburgh Rugby delays or fails to enforce any of these Conditions of Entry it will not mean that Edinburgh Rugby has waived its right to do so.
12.2. Edinburgh Rugby will be entitled to assign any of its rights and obligations under the Conditions of Entry provided that your rights are not adversely affected.
12.3. 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.
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.
5.2 In addition to the stated value of the Ticket, Scottish Rugby may apply a transaction fee and/or a delivery fee for the processing and issue of Tickets purchased. The transaction fee includes payment method costs, costs of administration charges and other fulfilment charges. The delivery fee includes postage and delivery costs to reflect the chosen method of Ticket delivery.