In these Conditions of Issue, the following words will have the following meanings:
“Conditions of Entry” means: (i) these Conditions of Issue; and (ii) the Ground Rules;
“Conditions of Issue” means these terms and conditions governing the issue and use of a Ticket as may be amended by Kilmarnock FC from time to time;
“Ground Rules” means those ground rules issued by Kilmarnock FC 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 Kilmarnock FC website www.kilmarnockfc.co.uk and which can also be obtained upon request from Kilmarnock FC);
“Match” means a home football match held at the Stadium and in which any of the Teams participates and “Matches” will be construed accordingly;
“Kilmarnock FC” means The Kilmarnock Football Club LTD, a company registered in Scotland No. 6219
“Season Ticket” means a ticket access card entitling you, subject to the Conditions of Entry, to admission to those Matches specified by Kilmarnock Football Club as being included within the season ticket, and use of the nominated seat at those Matches;
“Stadium” means Rugby Park, Kilmarnock, KA1 2DP and its surrounding grounds owned, occupied or controlled by Kilmarnock FC.
“Teams” means Kilmarnock FC
“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 Kilmarnock FC through its official outlets and not any sales via any secondary ticket service provider.
2.2 Purchase of a Ticket from Kilmarnock FC constitutes acceptance of the Conditions of Entry.
2.3 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.
2.4 Kilmarnock FC may place a limit on the number of Tickets that may be purchased in a single transaction or a series of transactions 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 Kilmarnock FC may, without prejudice to any other remedy it may have, refuse admission or may eject you from the Stadium.
3.2. Tickets are not valid for any events at the Stadium other than the Match specified on the individual Ticket or in the case of a Season Ticket, the Matches specified by Kilmarnock FC as being included within the Season Ticket.
3.3. 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 Kilmarnock FC.
3.4. Kilmarnock FC 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 to the stewards 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 Kilmarnock FC 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 Kilmarnock FC and the copyright in such recording or transmission is hereby assigned (by way of present assignment of future copyright) to Kilmarnock FC.
3.9. Kilmarnock FC may from time to time create images and/or audio-visual footage of spectators attending the Stadium and this may include you. Kilmarnock FC owns all rights in these images and footage and will be entitled to use these:
3.9.1. to promote Kilmarnock FC and its commercial partners; and
3.9.2. for any other commercial activity.
You hereby give your consent to Kilmarnock FC 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 Kilmarnock FC 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 this age will be admitted to the Stadium for Matches free of charge if they are accompanied by an adult with a valid Ticket for the same Match.
3.14. Kilmarnock FC 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 Kilmarnock FC 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 Kilmarnock FC.
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 Kilmarnock FC 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 Kilmarnock FC, except that:-
4.3.1. 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:
126.96.36.199. the other members of the group would otherwise have been entitled to purchase a Ticket and attend the Match;
188.8.131.52. the transfer is not for a payment or benefit which exceeds the face value of the Ticket;
184.108.40.206. the transfer does not take place in the course of any business or for the purpose of facilitating any third party’s business;
220.127.116.11. 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
18.104.22.168. you will provide the names and addresses of the group members if asked to do so by any official, steward or employee of Kilmarnock FC or any police officer;
4.4. You must not offer Tickets as gifts or prizes in any competitions or other promotional activities, unless Kilmarnock FC (in its absolute discretion) has given its prior written consent.
5.1. If Kilmarnock FC discovers an error in the price or nature of the Ticket you have ordered from Kilmarnock FC, Kilmarnock FC 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 Kilmarnock FC 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. Kilmarnock FC may apply:
5.2.1. There maybe a charge for the use of debit and credit cards as methods of payment for Tickets but any debit and credit card charges applied will not exceed the cost borne by Kilmarnock FC for the use of those methods of payment; and
5.2.2. a booking fee for the issue of each Ticket purchased. The booking fee will be charged in addition to the stated face value of the Ticket and any payment method charge and includes the costs of administration, postage and delivery costs and other fulfilment charges.
5.3. If a Season Ticket is being paid for in instalments, such as standing order, the Season Ticket cannot be used while any instalment is overdue. Attempted use in such circumstances may lead to deactivation or confiscation until any outstanding amounts (which may include an administration charge and reasonable interest) are paid.
5.4. If a standing order instalment is not honoured, Kilmarnock FC may re-present the instruction to your bank or building society for payment and charge you an administration fee of up to £10 for doing so.
5.5. If outstanding sums are not paid within a reasonable period, Kilmarnock FC may terminate the instalment arrangement and either require you to pay all sums due plus interest or terminate this agreement and seek to sell the Season Ticket to a third party for the remainder of the Matches.
5.6. You may be subject to legal action by Kilmarnock FC to recover any losses incurred if Kilmarnock FC is unable to resell the Season Ticket. In addition, failure to pay may affect your ability to purchase tickets for future matches, to renew the Season Ticket, or to pay by instalments in the future.
6.1. Once you have purchased a Ticket, you will not be entitled to cancel it and no refund will be payable by Kilmarnock FC for any Matches that you are unable to attend.
6.2. In particular, you should note the following:
6.2.1. the dates, locations and times of all of Matches are subject to alteration and Kilmarnock FC will have no liability to you if these are altered;
6.2.2. Kilmarnock FC 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. Kilmarnock FC 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 Kilmarnock FC control) and Kilmarnock FC will have no liability to you in these circumstances. You should retain the Ticket you were originally issued. Subject to Clause 6.2.4, you will be entitled to attend the re-arranged Match using the same Ticket; 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. Kilmarnock FC 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 Kilmarnock FC 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, Kilmarnock FC may, at its option, issue you with a replacement Ticket upon payment by you of a non-refundable administration fee of £10. Kilmarnock FC reserves the right to withdraw this replacement Ticket facility for any Match without notice or liability.
8.1. Without limiting any other remedies it may have, Kilmarnock FC 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 Kilmarnock FC may take any, or any combination of, the following steps:
8.2.1. issue a warning;
8.2.2. refuse entry to the Stadium;
8.2.3. eject you from the Stadium;
8.2.4. confiscate and/or deactivate the Ticket;
8.2.5. exclude you from future entry to the Stadium for such period as Kilmarnock FC considers appropriate, in all of the circumstances;
8.2.6. withdraw any right to buy tickets for other matches;
8.2.7. cancel your participation in any membership scheme operated by or on behalf of Kilmarnock FC;
8.2.8. terminate this agreement on written notice with immediate effect; and
8.2.9. take separate legal action against you.
No refunds will be given in any of these circumstances.
8.3. The following actions will automatically constitute serious breaches of the Conditions of Entry:
8.3.1. breach of any of the Ground Rules;
8.3.2. committing a criminal offence in the Stadium or on the premises of Kilmarnock FC;
8.3.3. endangering the health, safety or welfare of any person at or during a Match or while on the premises of Kilmarnock FC;
8.3.4. causing damage to any property or premises of Kilmarnock FC;
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 Kilmarnock FC (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 Kilmarnock FC 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 Kilmarnock FC deems to be a serious breach of the Conditions of Entry and entitle Klmarnock FC to exercise its rights under the Conditions of Entry.
8.5. Return or reactivation of a confiscated Ticket will be at the discretion of Kilmarnock FC.
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, Kilmarnock FC 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. Kilmarnock FC 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 Kilmarnock FC personnel or the emergency services.
9.4.2. Kilmarnock FC 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. Kilmarnock FC’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 Kilmarnock FC.
9.5. Nothing in the Conditions of Entry will serve to limit Kilmarnock FC liability in respect of death or personal injury caused by or arising from its negligence, or fraud.
10.1. If Kilmarnock FC delays or fails to enforce any of these Conditions of Entry it will not mean that Kilmarnock FC has waived its right to do so.
10.2. Kilmarnock FC will be entitled to assign any of its rights and obligations under the Conditions of Entry provided that your rights are not adversely affected.
10.3. 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.
11.1. 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.