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Membership Programmes - Terms and Conditions

Membership Programmes - Terms and Conditions

ASTON VILLA CLARET MEMBERSHIP AND CUB MEMBERSHIP PROGRAMMES

TERMS AND CONDITIONS

1           Application of these terms and conditions

1.1          These terms and conditions apply to membership of the Aston Villa Claret Membership and Cub Membership programmes operated by Aston Villa Football Club Limited (“AVFC”).

1.2          These terms and conditions are in addition to:

1.2.1         the terms and conditions governing the use of Season Cards (which are applicable to Season Card Holders only), including AVFC’s ground regulations and any other conditions of entry to Villa Park;

1.2.2         the Match Ticket Terms;

1.2.3         the terms and conditions governing membership of the Pride Rewards Programme (Aston Villa’s loyalty programme available to Season Card Holders; and

1.2.4         the terms and conditions governing the use of Season Cards / Claret Membership Programme cards as a prepaid cash card (under the scheme operated by Wirecard Card Solutions Limited).

1.3          By purchasing Membership and making use of the Membership Programme, Members (and any individual purchasing Membership on behalf of another person) certify that they (a) have read, understood and accepted; (b) agree to be bound by and to comply with; and (c) agree to bring to the attention of others, as required below, these terms and conditions.

1.4          Any individual purchasing Membership on behalf of someone else is deemed to be acting with the authority of that Member for whom they are making that purchase, including acting with the authority of each such Member to agree to these terms and conditions on their behalf.

2           Definitions and Interpretation

In these terms and conditions, the following words and phrases shall have the following meanings (unless stated otherwise):

2.1          “AVFC”: Aston Villa Football Club Limited;

2.2          “Claret Member”: a member of the Claret Membership Programme;

2.3          “Claret Membership Programme”: the programme run by AVFC referred to as the Claret Membership or Claret Members Programme which includes (amongst other things) priority access for away tickets and subject to these terms and conditions;

2.4          “Cub Member”: a member of the Cub Membership Programme;

2.5          “Cub Membership Programme”: the programme run by AVFC referred to as the Cub Membership or Cub Members Programme which is aimed at AVFC’s u18 fans and subject to these terms and conditions;

2.6          “Member”: a Claret Member or a Cub Member, as the case may be;

2.7          “Membership”: membership of the Claret Membership Programme or the Cub Membership Programme, as the case may be;

2.8          “Membership Benefits”: the benefits available to Members in respect of the Membership Programme in accordance with these terms and conditions and the relevant details of that Membership Programme;

2.9          “Membership Card”: the electronic card (and any replacement thereof) issued by AVFC to Members in respect of their Membership (which may also be a Season Card);

2.10      “Membership Fee”: the annual fee payable by Members in respect of their Membership in accordance with these terms and conditions and the relevant details of that Membership Programme;

2.11      “Membership Page” the relevant page on the Website for the Claret Membership Programme and / or the Cub Membership Programme (as the case may be);

2.12      “Membership Programme”: the Cub Membership Programme and / or the Claret Membership Programme (as the case may be);

2.13      “Match Ticket”: a individual ticket to attend a football match at Villa Park or a football match away from Villa Park in which one of AVFC’s football teams are competing;

2.14      “Match Ticket Terms”: the terms and conditions which apply to the purchase and use of Match Tickets (including AVFC’s ground regulations and any other conditions of entry to Villa Park);

2.15      “Season Card”: the electronic card (and any replacement) issued by AVFC which amongst other things, admits the holder into Villa Park at matches which that holder is entitled to attend as further described in the relevant terms and conditions;

2.16       “Season Card Holder”: means a holder of a Season Card;

2.17      “Villa Park”: AVFC’s first team stadium, currently known as Villa Park and situated at Trinity Road, Birmingham B6 6HE;

2.18       “Website”: AVFC’s website at www.avfc.co.uk; and

2.19      “Year” means the 12 month period from 1 June to 31 May.

General Terms of Membership

3           Only one Membership per person is permitted.

4           There are two Membership Programmes: the Claret Membership Programme and the Cub Membership Programme. These terms and conditions apply to both Membership Programmes.

5           Claret Membership is only open to persons aged 18 or over as at the date the Membership is purchased.

6           Cub Membership is only open to persons aged 17 or under as at the date the Membership is purchased.

7           If a Cub Member reaches the age of 18 during the Year, they shall be able to continue to remain a Cub Member for the remainder of that Year (but shall not be able to purchase Cub Membership for the following Year, as they will have exceeded the age limit for Cub Membership).

8           The Membership Fee for Membership is detailed on the Membership Page. The Membership Fee detailed is in respect of Membership for that Year only (or part Year), the price of the Membership Fee advertised and payable at the time the Membership is purchased shall be inclusive of any (if any) discount in respect of Memberships purchased part way through the Year, no additional discounts, reductions or refunds shall be given beyond the advertised price (pro rata or otherwise) to take account of the fact that the Membership is purchased part way through a Year.

9           AVFC reserves the right to

9.1          require payment of the Membership Fee in full; and / or

9.2          wait a period of 14 days from the date of purchase of the Membership (the 14 day cooling off period) before providing any Member Benefits and / or issuing Membership Cards;

prior to issuing any Membership Card or granting the Membership Benefits to the relevant Member.

10     Members shall be entitled to the Membership Benefits for the relevant Membership as detailed on the Membership Page. AVFC reserves the right to remove, change or replace any Membership Benefit and add to the Membership Benefits at any time, provided that such removal, change or replacement shall not, in AVFC’s opinion, materially adversely impact the Member and/or their Membership to a significant extent.

Match Ticket Priority

11       Where the Membership Benefits include priority access to Match Tickets, the availability of those Match Tickets will be detailed on the Membership Page on a match by match basis.

12       Where priority access is given as a Membership Benefit, it will always rank below priority access given to Season Card Holders (who will be eligible to purchase Match Tickets for the relevant Match before Members in accordance with the Membership Programme). In the event that all Match Tickets are sold during the priority period afforded to Season Card Holders, there will be no Match Tickets for that match available for priority sale as a Membership Benefit.

13       For the avoidance of doubt, despite any priority access, Match Tickets are always sold subject to availability. Priority access that is given as a Membership Benefit:

13.1      does not guarantee that a Member will be entitled to purchase a Match Ticket for any match or to attend any of AVFC’s matches; and

13.2      remains subject to the Member purchasing the Match Ticket(s) for the price(s) advertised at the time of purchase.

14       All Match Ticket(s) purchased through the Membership Programme shall be personal to the Member and are not transferable. Match Tickets shall not be transferred or re-sold in any circumstances, save where expressly permitted by AVFC and if applicable, the party issuing the ticket (e.g. the home club in the case of Match Tickets for away matches and/or the competition organiser for cup competitions). If any Member transfers (or AVFC reasonable suspects that the Member has transferred or will transfer) or any Match Ticket purchased through the Membership Programme, it shall be a breach of these terms and conditions.

15       AVFC reserves the right to vary the manner or system by which Match Tickets are allocated or by which Members will qualify for such match tickets, provided that reasonable notice is given to Members.

16       Once the Members priority period for any Match has passed, then the Member will no longer have priority access to Match Tickets for that Match (however, where Match Tickets are on general sale, the Member will still be entitled to purchase Match Tickets on a general sale basis, subject to availability and the Match Ticket Terms.

17       Applications for Match Tickets in accordance with the Membership Programme are strictly on the basis of one Match Ticket per Member, unless expressly permitted otherwise by AVFC.

18       Where group applications for Match Tickets are made, every Match Ticket applied for must be for use by a current Member (and details of each additional Member which are part of that application must be provided at the point any such application for Match Tickets is made). Whilst AVFC will use its reasonable endeavours to process group applications, such applications shall be subject to availability and AVFC gives no guarantee that it will be able to grant tickets to all applicants within the group or that all Match Tickets in connection with the application will be together or near to each other.

19       Where a Member is successful in an application for a Match Ticket, AVFC shall (in its absolute discretion) inform the Member of the location and details of the seat(s) which they have been allocated and either activate that Member’s Membership Card or issue the Member with a paper ticket so as to allow the Member to access Villa Park.

20       Where a Member obtains a Match Ticket for any away match through the relevant application process conducted by AVFC, that Match Ticket is sold:

20.1      by AVFC as agent on behalf of the party hosting the match (i.e. the home club, the governing body or competition organiser);

20.2      subject to the relevant terms and conditions of the third party hosting the match (i.e. the home club, the governing body or competition organiser) all issues relating to access to, crowd control and stewarding at the venue at which the match will be played shall be the responsibility of that third party and not AVFC (and AVFC shall have no liability to the Member or any third party in respect of such matters); and

20.3      subject to any additional terms and conditions imposed by AVFC in respect of Match Tickets for that away match (which includes these terms and conditions, which in the event of any conflict shall take precedence over the relevant terms and conditions of the third party)

21       If, following the allocation of a Match Ticket for an away match to a Member:

21.1      any Member commits a breach of the terms and conditions and/or ground regulations of the third party; and/or

21.2      commits a breach of any additional terms and conditions imposed by AVFC in respect of the relevant Match Ticket(s); in each case it shall be deemed to be a breach of these terms and conditions.

22       Notwithstanding any priority access, the purchase and use of any Match Ticket by a Member pursuant to the Membership Programme (or otherwise) shall be subject to the Match Ticket Terms. A breach of the Match Ticket Terms by a Member shall constitute a breach of these terms and conditions.

Other Membership Benefits

23       Where vouchers are given as part of any Membership Benefit, unless otherwise stated, such vouchers will expire at the end of the Year and will only be capable of redemption at official AVFC sales points on Match Tickets for matches at Villa Park during that Year only (and for the avoidance of doubt, not on other products or services offered for sale by AVFC).

24       All retail offers will be on official AVFC merchandise only and will only be capable of redemption at the official AVFC retail points advertised from time to time.

25       AVFC reserves the right to remove, replace or otherwise change the details of any product, service, discount, voucher, offer or other such Member Benefit at any time, provided that provided  the such removal, change or replacement shall not, in AVFC’s opinion, materially adversely impact the Member and/or their Membership to a significant extent.

26       All products and services offered as part of any Membership Benefit and the use of discount, voucher, offer or other such Member Benefit to purchase any products or services is subject to the availability of such products or services.

27       Unless notified otherwise, receipt of any welcome pack or other gift package as a Membership Benefit will be subject to collection by the Member or advance payment by the Member of the reasonable postage and packaging costs advertised by AVFC on the Members Page.

28       AVFC reserves the right to remove, replace or otherwise change the contents of any welcome pack or other gift package from time to time.

29       Unless otherwise stated, any newsletter provided as part of the Membership Benefit shall be an e-newsletter sent by email. The Members’ right and ability to receive such newsletters shall be subject to the Member providing AVFC with a current e-mail address and consenting to receive such e-newsletters from AVFC. Where the Member unsubscribes from any e-newsletter or general marketing communications from AVFC, the Member will not be entitled to receive further e-newsletters unless and until they notify AVFC (via the required method specified by AVFC from time to time) that they wish to receive such e-newsletters.

30       Members’ access to the Pride Rewards Programme will be subject to the terms and conditions of that programme, which are available on the Website.

31       Members use of their Membership Card (or Season Card) as an e-cash payment card will be subject to the terms and conditions of that programme, which are available on the Website.

Membership Cards

32       Each Member shall be entitled to receive a Membership Card in respect of their Membership (save that Cub Members who receive complimentary Cub Membership as a result of being a Season Ticket Holder will not be issued with a separate card in addition to their Season Card).

33       When receiving any Membership Benefit, a Member (or any person purporting to be the Member) may be required at any time to deliver up the relevant Membership Card for inspection by AVFC and / or to prove that they are the Member.

34       Lost, damaged or stolen Membership Cards (and / or Season Cards) should be reported to AVFC as soon as possible. Details of how to report lost, damaged or stolen cards to AVFC are available on the Website. Replacement Membership Cards will incur a £10 card replacement fee.

Changes to the Pride Rewards Programme and these terms and conditions

35       AVFC reserves the right to change or amend these terms and conditions at any time by publishing the changes on its Website, provided that such changes:

35.1      are minor or trivial;

35.2      shall not, in AVFC’s opinion, adversely impact the Member and/or their Membership to a significant extent; or

35.3      reflect changes required by in relevant laws and regulatory requirements.

36       AVFC reserves the right to change or amend, at any time (by giving details on the Membership Page or otherwise notifying members):

36.1      the Membership Programme; or

36.2      the Membership Benefit.

37       AVFC reserves the right, at its sole discretion to introduce other loyalty programmes, membership programmes or other such programmes from time to time without liability to Pride Rewards Members (provided that this shall not, in AVFC’s reasonable opinion, substantially reduce the value of Membership).

38       AVFC reserves the right, at its sole discretion to transfer Members to such additional or replacement programmes without prior notice provided always that the Member shall be entitled to the same or substantially similar benefits under the new loyalty programme as the Pride Rewards Member was under the Pride Rewards Programme.

39       The advice or actions of AVFC’s staff will not have the effect of changing these terms and conditions.

Cancelation and termination of Membership

40       Unless terminated early in accordance with these terms and conditions, the Membership (and all rights to Membership Benefits) will automatically terminate at the end of the Year.

41       If you are a consumer and if you have purchased your Membership online, by telephone or by post, you have the right to cancel your Membership within 14 days from the date of purchase without giving any reason. To exercise this right to cancel, you must inform AVFC of your decision to cancel within the 14 day period by contacting Consumer Sales, Villa Park, Birmingham B6 6HE (ticketsales@avfc.co.uk). If you cancel your Membership, AVFC will provide a full refund of your Membership Fee (to the card used for payment, if applicable) not later than 14 days from the date on which you informed AVFC of your decision to cancel your Membership (subject to any deductions AVFC is permitted by law to make).

42       If a Member cancels their Membership pursuant to condition 41, to the fullest extent permissible by law, any discounts or vouchers which have been applied to Match Tickets as a result of a Membership Benefit will be repayable by the Member to AVFC. AVFC reserves the right to deduct such amounts (if any) from any refund of the Membership Fee due.

43       Members can terminate their Membership at any time by sending written notice by post to: Consumer Sales, Villa Park, Birmingham B6 6HE or by email to: ticketsales@avfc.co.uk.

44       Other than in accordance with condition 41 above, Members are not permitted to a refund of any part of the Membership Fee as a result of termination or cancellation of Membership (save to the extent that the Member is entitled to a refund by law where such termination is as a result of AVFC’s breach of these terms and conditions).

45       AVFC can terminate Membership (in full or in part) immediately on written notice if:

45.1      the Member breaches these terms and conditions;

45.2      the Member is a Season Card Holder and their Season Card is suspended or withdrawn pursuant to any of the associated terms, conditions or regulations referred to in condition 1 above;

45.3      the Member acts or is reasonably suspected of acting in any manner which is inconsistent with or violates these terms and conditions or any element of the Membership Programme;

45.4      the Member acts, in AVFC's reasonable opinion, in a manner inconsistent with the applicable laws, statutes or ordinances or if there are reasonable grounds for suspecting fraud, theft, or dishonesty in connection with the Membership Programme;

45.5      the Member is convicted (or AVFC reasonably suspects the Pride Rewards Member is guilty) of a sports-related criminal offence;

45.6      if the Member is banned from Villa Park or any other sporting venue anywhere in the world;

45.7      AVFC reasonably believes an unauthorised person is accessing the Membership Programme using the Member's account; or

45.8      AVFC reasonably believes operating the Membership Scheme or providing any Membership Benefit will cause AVFC to break a law, regulation or binding code.

46       AVFC can suspend a Member’s participation in the Programme (including, but not limited to access to Member Benefits) immediately on written notice if AVFC reasonably suspect that any of the matters set out in condition 44 above has occurred, for such period as AVFC may reasonably require to carry out an investigation.

47       AVFC may terminate or suspend the Membership Programme early by giving the Pride Rewards Member 30 days' notice at any time (which may by email) together with a prorated refund of the Membership Fee.

48       On termination or cancellation of any Membership for any reason (whether automatically, by AVFC or the Member), the Member will not be entitled to access or make use of any further Membership Benefits. AVFC reserves the right to cancel any outstanding Match Tickets, or any other products / services which have been ordered by but not yet provided to the Member, provided that AVFC gives a full refund for such products / services (less any delivery, postage or booking fees which have already been incurred).

49       Where unused Membership Benefits are cancelled, removed or withdrawn in accordance with these terms and conditions (or other lawful means) no refund, cash alternative or other replacement will be given to the Member in lieu of those benefits (save in respect of the Member’s right to receive a refund of the Membership Fee or the amounts paid for any Match Tickets, products or services in accordance with these terms and conditions).

50       In the event that a Membership is terminated or cancelled for any reason, AVFC reserves the right to, at its discretion:

50.1      exclude the relevant Member from applying (or re-applying) for any Membership Programme (and any future membership or loyalty (or similar) programmes maintained or organised by AVFC;

50.2      disqualify the relevant Member from applying for any Season Card, Match Ticket or other product or service offered by AVFC; and / or

50.3      notify FIFA, UEFA, The Football Association, The Premier League Limited and The Football League (EFL), football club, the police and / or any other regulatory or statutory authority of such exclusion and/or disqualification (and the reason(s) for such exclusion and/or disqualification).

Liability

51       Nothing in this agreement shall limit or exclude AVFC’s liability for:

51.1      death or personal injury caused by its negligence;

51.2      fraud or fraudulent misrepresentation; or

51.3      breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

52       Subject to condition 50 above, AVFC will not be liable to any Member for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with:

52.1      any failure or delay by AVFC in carrying out any of its obligations under these terms and conditions which is caused by circumstances outside of AVFC’s reasonable control;

52.2      the Membership Programme and the Membership Benefits;

52.3      any information provided to AVFC by a third party;

52.4      the Website and the Membership Page, including its availability and use of or reliance on any content displayed on the Website / Membership Page; and

52.5       any act or omission of a third party providing the Member Benefits;

save to the extent that such loss or damage is foreseeable by AVFC and the Member at the date these terms and conditions became binding and arises directly as a consequence of AVFC’s breach.

53       Subject to condition 50 above, AVFC shall have no liability whatsoever for any indirect or consequential loss or damage, loss of enjoyment or travel/accommodation costs.

54       Subject to condition 50 above, AVFC's total liability to each Member in respect of any loss or damage a Member suffers as a result of a breach of these terms and conditions by AVFC shall be limited to the Membership Fee.

55       Subject to condition 50 above, AVFC assumes no responsibility for the services provided by any third party in connection with the Membership Programme or the Membership Benefits, (including but not limited to the delivery, standard, quality or otherwise of any Membership Benefit provided by third parties or the failure of such a third party to honour the Membershp Benefit or make a specific Membership Benefit available), for example (but without limitation) Match Tickets for an away match provided by a third party. Any issues relating to relevant Membership Benefit should be addressed to the relevant third party.

56       Subject to condition 50 above, AVFC gives no guarantee that any particular Membership Benefit will be made available or will remain available.

57       No credit will be issued for any Membership Benefits not redeemed or utilised.

58       Subject to condition 50 above, AVFC will not be liable for lost or stolen Membership Cards or Membership Benefits.

General

59       Each Member is required to provide AVFC with up to date contact details and keep AVFC informed at all times of any changes to such contact details so AVFC can communicate with Members.

60       If a Member has any concerns about their Membership or these terms and conditions, they should contact ticketsales@avfc.co.uk. In addition, where the Member is a consumer, the Member can obtain further guidance and advice from Citizens Advice (www.adviceguide.co.uk).

61       These terms and conditions, together with (as appropriate): (i) any associated online application form/process; (ii) the scripted information read out to callers to AVFC to purchase membership; (iii) information provided to an individual attending the ticket office (or such other physical location from which AVFC may sell Memberships); and/or (iv) any other relevant documents, terms or conditions which are explicitly referred to in these terms and conditions comprise the entire agreement between AVFC and a Member in relation to the purchase of a Membership and subsequent use of a Membership Card.

62       AVFC may assign or otherwise transfer its rights and obligations under these terms and conditions another organisation within its group of companies provided that:

62.1      any such transfer shall not adversely impact the Member and/or their Membership; and

62.2      it shall use reasonable endeavours to inform Members of any such transfer (for example, by placing a notice on its Website of such transfer).

63       If any of these terms and conditions are found by a court to be illegal, the rest of the terms and conditions will remain in force. Each of the paragraphs of these terms and conditions operates separately. If any court or other relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

64       This contract is between the Member and AVFC. No other person shall have any rights to enforce any of its terms.

65       if AVFC delays in enforcing this contract against the Member, AVFC will be entitled to enforce it at a later stage. If AVFC does not insist immediately that the Member does anything he/she/it is required to do under these terms and conditions, or if AVFC delays in taking steps against the Member in respect of him/her/it breaking this contract, that will not mean that the Member does not have do to those things or that AVFC is prevented from taking steps against the Member at a later date.

66       These terms and conditions are governed by English law and any legal proceedings must be brought in the English courts. Notwithstanding the foregoing, if the Member is a consumer and: (i) is resident in Scotland then legal proceedings may be brought in either the Scottish or the English courts; or (ii) is resident in Northern Ireland, then legal proceedings may be brought in either the Northern Irish or the English courts.

AVFC Official
By @AVFCOfficial 31st March 2016