1. INTRODUCTION AND SCOPE
1.1. Capitalised but undefined terms used in this clause 1 shall have the meaning given to them in clause 2.
1.2. The following terms and conditions of sale (the “Qualifying Terms of Sale”) set out the general terms and conditions for application, purchase and use of Tickets.
1.3. Any person who applies for, purchases, possesses or attempts to use a Ticket shall be deemed to have accepted and agreed to comply with these Qualifying Terms of Sale, any Additional Terms, the Qualifying Conditions of Entry and the Applicable Laws.
1.4 Any breach of these Qualifying Terms of Sale, any Additional Terms, the Qualifying Conditions of Entry and/or any Applicable Laws shall entitle AELTC to cancel and invalidate the Ticket and any other Tickets that have been purchased by the Successful Applicant with no right to a refund. Any breach of these Qualifying Terms of Sale by a Ticket Holder shall result in the Ticket Holder being deemed a trespasser and shall give AELTC the right to refuse admission to, or eject, said Ticket Holder from the Venue. Subject to Applicable Laws, AELTC shall give written reasons if requested by the said Ticket Holder.
1.5 These Qualifying Terms of Sale should be read in conjunction with the Qualifying Conditions of Entry which set out the general conditions for entry to the Venue and can be accessed here.
1.6 The Applicant’s attention is particularly drawn to clauses 5.3 (restrictions on applications), 10 (Use of Tickets), 11 (Entrance to the Venue), 14 (Refunds), 15 (Liability) and 16 (Force Majeure).
2.DEFINITIONS
2.1. “Additional Terms”: any additional terms that apply to Tickets obtained via the AELTC or Authorised Agents, as specified by AELTC, the Club and/or The All England Lawn Tennis Ground PLC from time to time and communicated to the Applicant, but excluding any other terms or conditions that any third party seeks to impose.
2.2. “Applicable Laws”: means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to the environment, health and safety or sanitary measures of any governmental authority that apply to the Applicant, Ticket Holder and/or Guest, or the subject matter of these Qualifying Terms of Sale.
2.3. “Applicant”: any natural person aged 16 years or over with legal capacity to enter into an agreement for the application and/or purchase of Tickets to the Day of Play in accordance with these Qualifying Terms of Sale. For the avoidance of doubt, the term “Applicant” shall apply to any individual who applies for Tickets via AELTC, the Club (for example, members of the Club) or an Authorised Agent.
2.4. “Authorised Agent(s)”: (i) agents authorised by AELTC to sell Tickets from time to time, including AELTC’s official ticket selling agent(s) and AELTC’s official hospitality provider(s) from time to time (and their authorised resellers); and (ii) the LTA, the ITF and any other person, organisation or group to whom AELTC provides a Ticket allocation from time to time.
2.5. “AELTC”: The All England Lawn Tennis Club (Championships) Limited incorporated and registered in England and Wales with number 7546773 with its registered office at Church Road, Wimbledon, England SW19 5AE.
2.6. “Championships” or “The Championships”: The Championships, Wimbledon international tennis tournament hosted and staged in June and/or July each year.
2.7. “Club”: The All England Lawn Tennis & Croquet Club Limited.
2.8. “Companion Ticket”: any Ticket issued with a Wheelchair Ticket pursuant to clause 6, for the use of the personal companion/assistant accompanying a disabled Ticket Holder.
2.9. “Court”: each court at the Venue.
2.10. “Day of Play”: each day of play at the Qualifying Competition each year.
2.11. “Easy-Access Ticket”: a Ticket for a disabled person who does not use a wheelchair but requires particular seating.
2.12. “Excluded Person”: any person: (a) refused entry to the Championships or the Qualifying Competition (or any other event sanctioned by the Association of Tennis Professionals (“ATP”), Women’s Tennis Association (“WTA”) or ITF); (b) ejected from the Venue (or the grounds of any other ATP, WTA or ITF sanctioned event); (c) banned by a tennis governing body in any jurisdiction in the world; (d) subject to a ban issued by AELTC; (e) who has had their accreditation withdrawn by AELTC; and/or (f) who has acted in breach of these Qualifying Terms of Sale or The Championships conditions of sale (including offering or advertising for sale or transfer, and/or selling or transferring, tickets in breach of AELTC’s terms and conditions), any Additional Terms or any terms imposed by an Authorised Agent from time to time.
2.13. “Force Majeure Event”: any circumstance not within AELTC’s reasonable control including: (a) acts of God, abnormally inclement weather, flood, drought, lightning, storm, earthquake or other natural disaster; (b) epidemic, pandemic or infectious disease; (c) terrorist attack, civil war, civil commotion or riots, crowd disorder, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination or sonic boom; (e) any law or any action taken by a government, public authority, court, competent national authority or governing body, including cancelling a public event, imposing capacity restrictions on a public event, imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent; (f) collapse of buildings, subsidence, structural damage, fire, explosion or accident; (g) player strike; (h) death of a member of the royal family; and (i) any labour or trade dispute, strikes, industrial action or lockouts.
2.14. “Guest”: any individual that must (unless otherwise specified in any Additional Terms) accompany the Successful Applicant on the Day of Play, to whom Tickets may be transferred in accordance with these Qualifying Terms of Sale. 2.15. “Household”: the Applicant’s place of residence (expressly excluding hotels, offices, business addresses, student accommodation, temporary accommodation and holiday homes).
2.16. “ITF”: the International Tennis Federation, the governing body of tennis.
2.17. “Late-Purchase Tickets”: Single Tickets and Wheelchair Tickets sold by AELTC (and/or via an Authorised Agent) online on a first-come-first-served basis prior, but in the lead-up to the applicable Day of Play (including those sold 24 or 48 hours prior to the Day of Play or in the weeks leading up to the Qualifying Competition), but excluding On-the-Day Tickets.
2.18. “LTA”: the Lawn Tennis Association of the National Tennis Centre of 100 Priory Lane, Roehampton, London, SW15, the national governing body of tennis in Great Britain, the Channel Islands and the Isle of Man.
2.19. “ myWimbledon ”: the online platform known as ‘myWimbledon’ which can be accessed at wimbledon.com or via the Official App, owned and managed by AELTC allowing users to create a profile, receive news and information about the Qualifying Competition and to apply for Tickets.
2.20. “Official App”: AELTC’s official application.
2.21. “Privacy Policy”: AELTC’s privacy policy, the current version of which is set out at https://www.wimbledon.com/en_GB/about_wimbledon/privacy_policy.html. 2.22. “On-the-Day Tickets”: Tickets for all Ticket Types sold by AELTC in person on a first-come-first-served basis at a location(s) specified by AELTC from time to time on the same Day of Play to which they relate.
2.23. “Photographic Evidence”: valid personal photographic evidence of the type required by AELTC from time to time, which shall include a driving licence and passport.
2.24. “Purchase Notification”: the notification (in writing or orally in person or over-the-phone) confirming the allocation of Ticket(s) to a Successful Applicant, as sent by AELTC (which may include, if applicable, updating the Applicant’s status on myWimbledon), its Authorised Agents or the Club.
2.25. “Purchase Price”: the total purchase price for the Ticket(s) as notified by AELTC from time to time (including, if applicable, on myWimbledon), inclusive of the shipping/delivery fee (if applicable) and all relevant taxes.
2.26. “Qualifying Competition”: The qualifying competition for The Championships which takes place at the Venue.
2.27. “Qualifying Conditions of Entry”: AELTC’s conditions of entry to the Venue of the Qualifying Competition from time to time.
2.28. “Resolution Point(s)”: areas in or around the Venue designated by AELTC as ‘Resolution Points’ at which AELTC shall endeavour to resolve any issues relating to Tickets.
2.29. “Single Ticket”: one of the types of Tickets for the Qualifying Competition, being a Ticket for the Day of Play.
2.30. “Successful Applicant”: any Applicant whose application has been accepted by AELTC in accordance with these Qualifying Terms of Sale. For the avoidance of doubt, the term “Successful Applicant” shall apply to any individual to whom Tickets have been allocated by AELTC (or its Authorised Agents) or the Club (for example, to members of the Club).
2.31. “The All England Lawn Tennis Ground PLC”: The All England Lawn Tennis Ground PLC incorporated and registered in England and Wales with number 00168491 with its registered office at Church Road, Wimbledon, England SW19 5AE, the legal occupier of the Venue.
2.32. “Ticket(s)”: the electronic/mobile (or, in limited cases, paper) ticket for each Ticket Type provided by AELTC to the Successful Applicant and subsequently transferred to the Ticket Holder which (subject to these Qualifying Terms of Sale) grants the Ticket Holder the right to attend the Venue on the Day of Play and, subject to availability, occupy an unallocated seat in a Court.
2.33. “Ticket Holder”: any person who is in actual and legitimate possession of a Ticket including Successful Applicants and their Guests (as applicable).
2.34. “Ticket Type(s)”: Single Ticket(s) and Wheelchair Ticket(s). 2.35. “Venue”: the venue of the Qualifying Competition at the Wimbledon Qualifying and Community Sports Centre, Roehampton, London.
2.36. “Wheelchair Ticket”: a Ticket for a disabled person using a wheelchair within a designated wheelchair space at the Venue.
3. INTERPRETATION
3.1. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular
3.2. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
3.3. Any obligation on a person not to do something includes an obligation not to allow that thing to be done.
3.4. Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English legal term in that jurisdiction.
3.5. References to clauses are to the clauses of these Qualifying Terms of Sale.
3.6. Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
4. ADDITIONAL TERMS
4.1. Additional Terms (which, for the avoidance of doubt, can only be specified by AELTC, the Club and/or The All England Lawn Tennis Ground PLC from time to time) may apply to the Ticket(s), dependant on the channel via which the Applicant applied for, or Successful Applicant obtained, such Ticket(s), to which each Applicant and Ticket Holder must comply.
4.2. Should there be any inconsistencies between a term in the Additional Terms and a term in these Qualifying Terms of Sale, the term in the Additional Terms shall prevail.
5. APPLYING FOR TICKETS
5.1. Tickets shall not be purchased or obtained from or through any person, commercial agent, company or otherwise than directly by the Applicant from AELTC, its Authorised Agents or any third party authorised by AELTC to sell or distribute Tickets from time to time.
5.2. By applying for and/or purchasing Tickets, each Applicant warrants that they are not an Excluded Person. Excluded Persons shall not be permitted to make any application for Tickets and any Ticket(s) acquired or used in breach of this clause 5.2 shall be void with no right to a refund and all rights conferred or evidenced by such Ticket shall be nullified.
5.3. Irrespective of the channel via which such Applicant is making said application, the following shall apply
a. An Applicant cannot make more than one (1) application for more than two (2) Tickets on each Day of Play;
b. Only one (1) application is permitted per Household on each Day of Play;
c. Only one (1) application is permitted per credit/debit card on each Day of Play;
d. Only one (1) application is permitted per myWimbledon account on each Day of Play;
e. Only one (1) application is permitted per email address on each Day of Play;
f. All applications must be made from an Applicant’s permanent address. Applications from hotels, offices, business addresses, student accommodation, temporary accommodation or holiday homes will not be accepted;
g. Where an Applicant is permitted to purchase Tickets for Guests, Guests named in a Successful Applicant’s application for Tickets cannot be named in multiple applications for Tickets on the same Day of Play, regardless of whether such Guest is the named Successful Applicant or the named Guest of another Successful Applicant on the same Day of Play. Applications which result in the named Guest being named on multiple applications (whether as a Guest or a Successful Applicant) on the same Day of Play are not permitted and will be cancelled; and
h. Except in exceptional circumstances (as determined by AELTC, acting reasonably), an Applicant is not permitted to change their name, address or email address once an application is submitted. Any Ticket(s) acquired or used in breach of this clause 5.3 shall be void with no right to a refund and all rights conferred or evidenced by such Ticket shall be nullified. Any person or Household submitting multiple applications will have all of their applications voided.
5.4. The Applicant acknowledges and accepts that AELTC may use Authorised Agents to sell Tickets. However, and for the avoidance of doubt, AELTC shall remain the seller of such Tickets and retain ownership of all rights vesting in such Tickets.
5.5. Tickets (including digital/mobile Tickets) shall remain the property of AELTC at all times.
5.6. If not previously provided to AELTC via myWimbledon, in an application for Ticket(s), the Applicant is required to download the Official App and provide all information reasonably required by AELTC from time to time, which may include their surname, first name, date of birth, postal address and phone number. The Applicant accepts and acknowledges that this information is required for purposes including the facilitation of a Ticket application, identification, health and safety and enforcement of these Qualifying Terms of Sale. For more information on how the personal data of Applicants, Ticket Holders and Guests will be processed, please see the Privacy Policy.
5.7. If an application for Ticket(s) is successful, any transfer of Tickets to a Guest in accordance with clause 10.2 requires the Successful Applicant to provide an email address relating to their Guest (if applicable), and such Guest shall receive an email notifying them of the offer from the Successful Applicant to transfer the Ticket to them. If such Guest wishes to accept the transfer of the Ticket, they shall be required to set up a myWimbledon profile and download the Official App following the procedure stipulated on myWimbledon (if they do not have one already) and provide all information reasonably required by AELTC from time to time, which may include the Guest’s surname, first name, date of birth, postal address and phone number. This information is required for purposes including the facilitation of a Ticket transfer, identification, health and safety and enforcement of these Qualifying Terms of Sale. For more information on how the personal data of Applicants, Ticket Holders and Guests will be processed, please see the Privacy Policy. The Successful Applicant can change the identity of their Guest via myWimbledon at any time prior to using the Ticket to access the Venue on the applicable Day of Play.
5.8. It is the sole responsibility of the Applicant to ensure that:
a. an application for Ticket(s) has been filled-in completely and accurately with all required personal details and payment information and properly submitted to AELTC in accordance with the instructions specified by AELTC from time to time (including, if applicable, on myWimbledon);
b. acceptance of these Qualifying Terms of Sale as required by AELTC in the application process is properly given (including by clicking the respective box(es) on myWimbledon, if applicable);
c. the Applicant and their Guest (if applicable) understand how their personal data will be processed as detailed in the Privacy Policy. By submitting an application personally and on behalf of each Guest, each Applicant accepts and acknowledges the foregoing (and confirms that each Guest accepts and acknowledges the foregoing). In particular, each Applicant acknowledges (regardless of whether they are allocated any Tickets) that AELTC may use any information provided during their application for the purpose of processing such application and for AELTC’s enforcement of its legal rights; and
d. sufficient funds to cover the Purchase Price for the Ticket(s) (and any credit or debit card issuing bank fees referred to in clause 7.4) are available on the credit or debit card indicated for payment at the point of payment, and any failure to comply by the Applicant with the requirements detailed in this clause
5.8 will result in the application (and thus such Applicant’s offer to purchase Ticket(s)) being rejected).
5.9. The Applicant warrants that all information provided by them during the application process for any Ticket via any channel is true and accurate (including with respect to their Guests, if applicable). If the Applicant is subsequently found to be in breach of this clause 5.9, AELTC shall be entitled to refuse their application or void their Ticket(s) (if it has/they have been issued).
5.10. By completing and submitting an application for any Ticket via any channel (including via any Authorised Agent), the Applicant acknowledges that he/she has read, understood and agrees to comply with these Qualifying Terms of Sale and any Additional Terms.
5.11. Any Applicant who, in the reasonable opinion of AELTC, applies for and/or purchases Ticket(s) using any computer software which is designed to afford the Applicant an increased chance of being successful in the purchase of Tickets (such as bots or spiders) shall have any application rejected and/or any Tickets purchased by them cancelled in full, regardless of whether the Applicant has become a Successful Applicant.
5.12. Whilst AELTC will attempt to ensure that listings for Tickets on myWimbledon or on the sites of its Authorised Agents are accurate, technical errors may occur. If AELTC discovers that an error has occurred which has resulted in an incorrectly confirmed order for Tickets, AELTC will inform the Applicant as soon as possible and reserves the right to cancel the Applicant’s purchase. Where possible, AELTC will give the Applicant the option of reconfirming their order with the correct details or cancelling their order for a full refund. If AELTC is unable to contact the Applicant, the Applicant agrees that AELTC may treat the Applicant’s order as cancelled without any liability to AELTC and/or the Authorised Agent.
5.13. An Applicant cannot apply any Tickets where they have already made a successful application for Tickets for the Qualifying Competition in any year.
5.14. The agreement between AELTC and the Successful Applicant for the purchase of the Ticket(s) will be concluded and confirmed (under these Qualifying Terms of Sale) only after the: a. successful processing of the credit or debit card payment for the Ticket(s) in accordance with clause 7; and b. acceptance of the Applicant’s offer by AELTC by way of issuing the Ticket(s).
6. WHEELCHAIR TICKETS
6.1. A limited number of Wheelchair Tickets will be available on each Day of Play.
6.2. Applicants are asked to specify in their application whether they require Wheelchair Ticket(s).
6.3. Should a Successful Applicant require a Wheelchair Ticket they should contact AELTC via myWimbledon or the method detailed in clause 18.1 to request this and, subject to availability, AELTC shall endeavour to satisfy any such request.
6.4. At the discretion of AELTC (acting reasonably), Wheelchair Tickets may be delivered to a Successful Applicant with a Companion Ticket. For the avoidance of doubt, any such personal companion/assistant will be considered a Guest.
6.5. Wheelchair Tickets can be located in various areas of the applicable Court, depending on its layout.6.6. To ensure, as far as reasonably possible, AELTC can accommodate all accessibility requirements and that there is a fair process with respect to Wheelchair Tickets, any Applicant applying for Wheelchair Tickets may be required to submit to AELTC (in such form as communicated to the Applicant by AELTC) a valid official document confirming their disability or the disability of the Guest (whichever the case may be) in the event that such Applicant becomes a Successful Applicant. Any such Applicant who does not submit any such required document to AELTC (within the timescales communicated by AELTC) upon becoming a Successful Applicant may have their Tickets cancelled without any liability to AELTC and/or the Authorised Agent.
7. PAYMENT OF TICKETS
7.1. Payment for the Ticket(s) purchased is possible via: (1) American Express; (2) a Mastercard or Visa credit card; (3) a Mastercard or Visa debit card; and/or (4) via any other method employed by AELTC or its Authorised Agents from time to time. Tickets cannot be purchased with cash or cheques.
7.2. The Applicant acknowledges that by making an application (including, if applicable, by clicking the confirmation button/field on myWimbledon), the Applicant agrees to make payment of the relevant Purchase Price, provided the requested Ticket(s) are allocated by AELTC to the Applicant.
7.3. The Applicant’s credit/debit card shall have an expiry date six (6) months beyond the date of the sale of such Tickets to allow AELTC to administer, if required, the refund process detailed in clause 14.
7.4. The Applicant’s credit or debit card issuing bank will apply its own currency exchange rates (if applicable) and may levy additional fees or charges for such transaction. Applicants should contact their respective credit or debit card issuing bank before submitting the application in order to enquire about the relevant exchange rates, charges or fees. AELTC and the Authorised Agent shall not be responsible for any such exchange rates, fees or charges levied by the Successful Applicant’s credit or debit card issuing bank.
7.5. The Applicant acknowledges and agrees that all Ticket purchases are final and that (save for circumstances where the provisions of clause 14 apply) no cancellations will be permitted and/or refunds or exchanges given following the submission of an application and successful processing of the Applicant’s credit or debit card payment.
7.6. Successful Applicants are requested to review their Purchase Notification for any inaccuracies. Any inaccuracies shall be immediately notified to AELTC via myWimbledon or in accordance with clause 18.1.
8. DELIVERY OF TICKETS
8.1. Subject to clause
8.2. Tickets purchased from AELTC (directly or via its Authorised Agents) will be delivered to Successful Applicants by virtue of electronic mobile phone tickets (which shall be the default delivery method) within the Official App. In the event that the Successful Applicant has issues with the retrieval of the Tickets through the Official App, the Successful Applicant must immediately inform AELTC and in any event no later than twenty-four (24) hours prior to the applicable the Day of Play. 8.2. AELTC may use other delivery methods at its sole discretion where reasonably necessary to do so (including, with respect to On-the-Day Tickets, in paper form), in particular to ensure efficient and secure delivery of Tickets to Successful Applicants, and upon prior notice to Successful Applicants.
8.3. For the avoidance of doubt, Successful Applicants will not receive a refund for any Ticket(s) which they fail to download using the Official App.
8.4. Defective mobile Ticket(s) such as for example, Tickets not displayed in the Official App, Tickets not being displayed due to defective mobile phone or insufficient battery, or with incorrect personal information displayed on the Ticket, will be rejected at the entrance to the Venue. Neither AELTC, the Authorised Agent or The All England Lawn Tennis Ground PLC shall be responsible for defective, lost or stolen Ticket(s) and will accept no obligation to reissue any such Ticket(s) provided that where there is a defect of a mobile Ticket entirely attributable to AELTC, AELTC shall, where reasonably possible, block the Ticket concerned after notification of the defect and issue a new Ticket to the Successful Applicant upon provision of sufficient evidence from the Successful Applicant. 8.5. Neither AELTC, the Authorised Agents or The All England Lawn Tennis Ground PLC shall be responsible for lost, stolen, damaged or destroyed Ticket(s) after their delivery to the Successful Applicant (and, in particular, AELTC, the Authorised Agent and The All England Lawn Tennis Ground PLC shall not be liable to refund any such Ticket(s) or to, where applicable, re-print such Ticket(s)).
9. PERMITTED TICKET HOLDERS
9.1. Ticket Holders are permitted to attend the Day of Play provided that:
a. they are not an Excluded Person;
b. the Ticket has been obtained in accordance with these Qualifying Terms of Sale;
c. they comply with any and all entry requirements and/or acknowledgements (including any epidemiological acknowledgements, if required), as notified to them by AELTC from times to time; and
d. where the Ticket Holder travels to the United Kingdom, they have complied with any requirements which are in place regarding entry into the United Kingdom (including obtaining a valid VISA (if required) and any travel and entry requirements imposed under applicable laws.
For the avoidance of doubt, AELTC shall not be liable for any loss or damage suffered by a Ticket Holder should they fail to comply with the provisions of clause 9.1 and/or, where required, fail to obtain the necessary documents.
10. USE OF TICKETS
10.1. Except as expressly permitted in clause 10.2, any resale, transfer of Ticket(s), offer or advertisement of Ticket(s) for resale or transfer, whether for free or for consideration, is strictly prohibited. This prohibition extends to: a. the resale or transfer; b. advertising for sale or transfer; and/or c. providing access to, the (i) mobile (or other) device upon which a Ticket is held/displayed; or (ii) the myWimbledon/Official App profile/account within which a Ticket(s) can be accessed, for the purpose of reselling/transferring Ticket(s).
10.2. The Successful Applicant shall be permitted to transfer a Ticket to their Guest (the details of whom were provided in accordance with clause 5.7) provided that: a. the Successful Applicant will attend the Day of Play together with their Guest(s); b. the Ticket is for their Guest’s personal use; c. such permitted transfer is free of any consideration; and d. Guests, by accepting the transfer of Tickets from the Successful Applicant, agree to be subject to these Qualifying Terms of Sale.
10.3. The Ticket(s) shall not be:
a. used for any promotion, advertising, fundraising, auction, raffle or any other similar commercial or non-commercial purposes;
b. used as a prize (or part of a prize) in any contest, competition, (promotional) game of chance, lottery or sweepstake;
c. combined with and sold or transferred as part of any package of goods or services; or
d. combined with and sold as part of any travel or hospitality package (for example combining flights, hotels and the Ticket(s)).
10.4. Ticket Holders shall not:
a. run any advertisements or promotions relating to AELTC or the Qualifying Competition;
b. advertise, promote, give away, distribute, sell or offer for sale any product or service from any part of the Venue or via the display of overt commercial, promotional or marketing messages on clothing worn or items brought into the Venue; or
c. exploit any marketing or promotional opportunities in relation to the Ticket(s).
10.5. Each Successful Applicant assumes full and absolute responsibility for all Tickets allocated to them, including for a breach of clause 10.1 (or a breach of any other provision of these Qualifying Terms of Sale), whether or not such advertisement, offer for sale or transfer and/or sale or transfer (or other breach of these Qualifying Terms of Sale) takes place with the knowledge of the Successful Applicant.
10.6. Any Ticket(s) acquired or used in breach of this clause 10 shall be void with no right to a refund and all rights conferred or evidenced by such ticket shall be nullified. Any person seeking to use such Ticket(s) will be deemed a trespasser and will be refused entry or be evicted from the Venue, and may be liable to further legal action. Any unauthorised sale or transfer of the Ticket(s) may be reported to the police.
10.7. Any Applicant or Ticket Holder who breaches this clause 10 may not (at AELTC’s discretion) be permitted to apply for or receive Tickets from AELTC or its Authorised Agents for up to a period of five (5) full Qualifying Competitions from the date of such breach, or, for (i) repeat offenders; or (ii) in exceptional circumstances, dependant on the severity of the breach, for an extended period or in perpetuity. Full details of AELTC’s policy in this regard, including the Applicant’s or Ticket Holder’s right to appeal any prohibition in place regarding the purchase of Tickets, are available on request from AELTC’s Head of Ticketing.
11. ENTRANCE TO THE VENUE
11.1. Access to the Venue will be permitted during such hours as specified on the Ticket or as published on AELTC’s website at wimbledon.com.
11.2. Entrance to the Venue shall be:
a. subject to compliance with:
i. these Qualifying Terms of Sale;
ii. the Qualifying Conditions of Entry;
iii. any sanitary measures or policies in place;
iv. all Applicable Laws governing access or presence at the Venue, use of the Tickets, general safety certificate and any special safety certificate applying to the Venue, issued by any authority that has jurisdiction or authority in relation to the holding of the Day of Play at the Venue; and
b. authorised upon presentation of:
i. the Ticket (per person, except for those under the age of five (5), as more particularly detailed in the Qualifying Conditions of Entry) which shall be electronic within the Official App on their mobile phone or, where expressly permitted by AELTC in writing, a paper Ticket; and
ii. proof of identity with Photographic Evidence.
11.3. It is the responsibility of the Successful Applicant to ensure that the Tickets are displayed correctly on their mobile phone. In particular, the electronic Tickets must be displayed within the Official App as they possess dynamic features and, as such, a printout or screenshot of the electronic ticket will not be valid to gain access to the Venue. Ticket Holders must retain their Ticket (e.g. their mobile phone which displays the Ticket, if applicable) at all times. Failure to do so may result in the Ticket Holder being evicted from Venue without refund or compensation.
12. CONDUCT AT THE VENUE
12.1. For safety and security purposes, all persons attending the Day of Play, if and when so requested by stewards, safety personnel and/or any other legally authorised persons representing AELTC and/or The All England Lawn Tennis Ground PLC, shall:
a. produce a valid Ticket together with Photographic Evidence in order to provide satisfactory evidence that the Ticket Holder’s identity corresponds to that of the Successful Applicant/Guest whose details were provided in accordance with clauses 5.6 and 5.7;
b. comply at all times with the Qualifying Conditions of Entry;
c. submit to inspections, body checks and examinations – including through the use of technical aids – to ensure that they are not in possession of dangerous, prohibited or unauthorised items. Safety personnel, stewards or police shall be entitled to search any person’s clothing and their belongings;
d. comply with all instructions and guidelines issued by safety personnel, stewards and/or police and/or any other duly authorised persons at the Venue;
e. subject to clause 15.7, comply with all sanitary measures and policies in place at the Venue, and follow any and all instructions from safety personnel, stewards and/or police and/or any other duly authorised persons at the Venue in relation to sanitary and hygiene measures; and
f. be subject to additional safety controls inside the Venue, as the case may arise.
12.2 It shall be strictly forbidden inside the Venue to express, to disseminate of any insulting, racist, xenophobic, sexist, religious, political or other illegal/prohibited messages, particularly discriminatory propaganda messages or being in possession of such material.
12.3 The Qualifying Conditions of Entry contain detailed lists of prohibited items and conduct and each Ticket Holder shall fully comply with any restrictions contained therein.
12.4 Without limitation, it is strictly forbidden to do any of the following inside the Venue:
a. occupy or access areas which are closed to the public or for which access is unauthorised in accordance with the relevant Ticket Type held by the Ticket Holder;
b. restrict or loiter in areas open to traffic, footpaths and roadways, entrances and exits to visitor areas and emergency exits; or
c. engage in any other conduct which may endanger any person at the Venue.
13. SOUND AND IMAGE RECORDINGS
13.1. Ticket Holders attending the Day of Play at the Venue, acknowledge and, so far as is necessary under Applicable Laws, consent to being photographed, filmed or taped by AELTC, the Authorised Agents and/or The All England Lawn Tennis Ground PLC, and/or any third parties appointed thereby, which shall have the right, in perpetuity or for the maximum term permitted under the Applicable Laws, to use, broadcast, publish and license, without any requirement for payment of money or other form of consideration and without credit, the Ticket Holder’s voice, image and likeness by means of live or recorded video and/or audio display, broadcast or other transmission or recording, photographs or any other current and/or future media technologies.
13.2. Each Ticket Holder accepts and acknowledges that it is in AELTC’s legitimate interests to use and publish and exploit the content detailed in clause 13.1 in this manner (including any personal data contained therein) as it requires the ability to: (i) publish, display, sell and distribute the Qualifying Competition by means of film, television, radio, print media, internet, publicity material (or any other media now known or in the future); and (ii) use the images for safety and security, promotional, training, editorial or marketing purposes by AELTC, as determined in AELTC’s sole discretion (including commercial partners and accredited media organisations). More information on how AELTC processes Ticket Holders’ personal data can be found in the Privacy Policy. Notwithstanding the foregoing, where required under Applicable Laws, each Ticket Holder gives their consent to such use.
13.3. Ticket Holders shall not take, record and/or transmit any sound, image and/or description of the Venue or the Day of Play (as well as any result and/or statistics of the Day of Play) other than for their exclusive, private and domestic use (which, for the avoidance of doubt and by way of example only, shall not include recording and/or transmitting any sound, image and/or description of the Venue for any commercial purposes).
13.4. The use of photographic equipment, mobile telephones, computers, tablets or other electronic devices, communication devices, audio-visual equipment or radios must not inconvenience any other person in the Venue or be used to capture, supply or transmit data for the purposes of betting or gambling (or assisting for these purposes). In particular, mobile telephones, computers, tablets or other electronic devices, communication devices, audio-visual equipment or radios must be switched to silent in and around the Courts in play. Personal headphones must be used when listening to radios and other mobile devices inside the Venue.
13.5. Subject to clause 13.6, Ticket Holders acknowledge and agree that AELTC is the sole legal and beneficial owner of any intellectual property rights (including copyright and database rights) in any images, footage, data or material taken or recorded in the Venue (including by the Ticket Holder) and the Ticket Holder hereby assigns (by way of present assignment of future rights) any rights he/she may have in respect of such material to AELTC and waives all moral rights in the same. Where assignment is not possible under Applicable Laws, the Ticket Holder grants to AELTC an exclusive, irrevocable and royalty free licence to use such copyright, database and other intellectual property rights. Ticket Holders further agree (if and whenever required to do so by AELTC) to promptly execute all instruments and do all things necessary to vest the right, title and interest in such rights to AELTC absolutely and free of all encumbrances and other charges.
13.6. AELTC grants each Ticket Holder a licence to use photographs or images taken by that Ticket Holder at the Qualifying Competition for non-commercial use. Save for such permitted use, any persons attending the Qualifying Competition shall not record, use or transmit over the internet, radio, television or any other current or future media, any sound, image, recording or description of the Qualifying Competition, the Venue or any match (including any results, statistics, information or other data in respect of the match, whether in whole or in part) or assist any other person(s) conducting such activities. For the avoidance of doubt, still photographs, film, videotape or other audio-visual material recorded within the Venue may not be sold, used or published commercially in any way whatsoever unless authorised by AELTC and may be confiscated by AELTC if such usage is suspected.
13.7. Recording or transmission in any form of moving images of any part of play at the Qualifying Competition for any purposes is prohibited.
13.8. Flashlight photography is forbidden.
13.9. Betting is prohibited in the Venue at all times.
14. REFUNDS
14.1. No refunds will be given in accordance with this clause 14 where there has been a breach of these Qualifying Terms of Sale by the applicable Successful Applicant.
14.2. Where the Successful Applicant has validly obtained their Ticket from an Authorised Agent, and such Successful Applicant qualifies for a refund pursuant to this clause 14, such Successful Applicant should contact the specific Authorised Agent to facilitate any such refund.
14.3. AELTC reserves the right to change the schedule of the Qualifying Competition from time to time without notice where it is reasonably necessary to do so. The Qualifying Competition is organised and staged in accordance with Applicable Laws and Government guidance in force from time to time and approvals from the Local Authority. No guarantee can be given by AELTC that any play will take place at a particular time or on a particular date, that spectators will be permitted to enter the Venue in any particular numbers, that capacities may not be further reduced after Tickets have been sold, or that any play will take place at all. Matches may be moved from one Court to another at the sole discretion of AELTC. All information about times and dates of play is kept as up-to-date as possible but should be taken as a guide only and AELTC reserves the right (acting reasonably) to reschedule any play at any time, without notice and, save as set out in clauses 14.4 and 14.5, without any liability whatsoever.
14.4. Tickets issued are for the sole use of the Successful Applicant and their Guest (if applicable). In the event that a Successful Applicant does not wish to or is unable to use any Ticket(s) issued to them, it is a condition that the Applicant must offer to cancel or return (as applicable) the Ticket(s) (including any Tickets allocated to Guests) for a refund to AELTC (or an Authorised Agent, as applicable) at least twenty-four (24) hours before the applicable Day of Play and, provided that the Applicant has at all times complied with these Qualifying Terms of Sale, AELTC (or an Authorised Agent) will issue a full refund. Where a Successful Applicant wishes to cancel their application before Tickets have been despatched, AELTC (or an Authorised Agent, as applicable) will issue a full refund.
14.5. AELTC reserves the right to cancel any Ticket at any time for any operational reasons (AELTC acting reasonably in determining this) or as a result of any Force Majeure Event and in the event that AELTC exercises this right (including as a result of a postponement of play, cancellation of play, curtailment of play, change of schedule of the Qualifying Competition, or reduction of the number of spectators at the Qualifying Competition), AELTC shall have no liability to any Ticket Holder other than a full refund of the Ticket price, including no liability for indirect or consequential loss, loss of enjoyment, loss of a chance, loss of time, or travel costs or accommodation costs.
15. LIABILITY
15.1. Other than as stated in clause 14, AELTC shall not be liable for any refund, loss (including indirect or consequential loss), damage or expense caused by a Force Majeure Event.
15.2. Subject to clause 15.6, in the event that AELTC is in breach of its obligations (under these Qualifying Terms of Sale or otherwise), AELTC shall only be responsible for such loss or damage suffered by the Ticket Holder which was reasonably foreseeable as a result of the breach. AELTC shall not be responsible for any loss or damage that is not reasonably foreseeable or contemplated at the time the Applicant or Ticket Holder (as the case may be) entered into a contract pursuant to these Qualifying Terms of Sale.
15.3. Subject to clause 15.6 and notwithstanding clause 15.2, AELTC is not liable for any business losses and AELTC will have no liability to any Ticket Holder for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4. Subject to clause 15.6, in any event, to the maximum extent permitted by law, AELTC hereby excludes any liability for loss, damage or injury to a Ticket Holder and/or their property, including any indirect or consequential loss or damage, including loss of enjoyment or travel or accommodation costs, regardless of whether the loss or damage: (a) would arise in the ordinary course of events; (b) is reasonably foreseeable; or (c) is in the contemplation of the parties, or otherwise.
15.5. Subject to clause 15.6, AELTC shall not be responsible for any interruptions and/or restrictions to the view of any play the Day of Play caused by virtue of: (i) the position of the seat; and/or (ii) the actions of other spectators.
15.6. Notwithstanding any provision in these Qualifying Terms of Sale, AELTC does not seek to exclude or limit its liability: (a) for fraud or fraudulent misrepresentation; (b) for death or personal injury caused by AELTC’s negligence or the negligence of any of its officers, employees or agents; or (c) for any other matter for which it is not possible to exclude or limit liability by Applicable Laws (including the Ticket Holder’s statutory rights and rights as a consumer).
15.7. Applicants and Ticket Holders accept and acknowledge that while any protocols introduced by AELTC from time to time are designed to reduce the risk of transmission of COVID-19 or other transmissible diseases, it is not possible to eliminate that risk entirely. Each Applicant and Ticket Holder assumes the risk of suffering an illness or fatality related to COVID-19 or any other transmissible disease as a result of his/her attendance at the Qualifying Competition, and agrees (on his/her own behalf, and on behalf of his/her estate, heirs, successors and assigns) that AELTC, the Club and The All England Lawn Tennis Ground PLC and their directors, officers, employees, agents and officials shall bear no liability in respect of any such illness or fatality unless it is proven that the illness or fatality was suffered as a result of the wilful misconduct or gross negligence of AELTC, the Club and/or The All England Lawn Tennis Ground PLC. Each Applicant and Ticket Holder will not bring any claim that is inconsistent with the foregoing sentence.
16. FORCE MAJEURE
16.1. AELTC, the Authorised Agent and/or The All England Lawn Tennis Ground PLC reserve the right to make alterations to the time, date and location of the Day of Play due to any Force Majeure Event which has a major impact on the Day of Play being played at the Venue.
16.2. In the event of cancellation, abandonment, postponement or replaying of the Day of Play, or in the event that the Day of Play is played behind closed doors or with a reduced Venue capacity, the Successful Applicant will be bound by the provisions of clause 14 in respect of any refunds of the Tickets purchased by the Successful Applicant provided however that:
a. any refunds may be made only to the Successful Applicant (and not to the Ticket Holder) and only up to the Purchase Price paid by such Successful Applicant for the Ticket(s), and shall not, for the avoidance of doubt, entitle the Applicant to a refund of any costs and expenses incurred by the Successful Applicant or Guest(s) in relation to travel or accommodation; and
b. subject to the foregoing and clause 15. AELTC will not have any liability to the Successful Applicant or any Guest or Ticket Holder on account of any such cancellation, abandonment, postponement, replay playing of the Day of Play behind closed doors, reduced Venue capacity or other failure or deficiency in the conduct of the Day of Play.
17. SEVERABILITY AND AMENDMENT
17.1. AELTC reserves the right to change these Qualifying Terms of Sale if necessary to ensure proper and safe staging of the Qualifying Competition. AELTC will notify each Applicant of any material changes via an email sent to the address indicated by the Applicant in the application and the Applicant will have the choice to consent to such material changes or to withdraw their application or withdraw from the agreement concluded with AELTC in accordance with these Qualifying Terms of Sale (as applicable).
17.2. Should any provisions of these Qualifying Terms of Sale be declared void, ineffective, illegal or unenforceable by any competent court, regulator or authority, the remainder of these Qualifying Terms of Sale shall remain in effect as if such void, ineffective, illegal or unenforceable provision(s) had not been included.
18. GENERAL
18.1. Any information requests about the ticketing sales process should be made to ticketing@aeltc.com or via the enquiry form which can be accessed at wimbledon.com/en_GB/contact/index.html. Should a Ticket Holder have any issues with their Tickets when in the vicinity of the Venue, they are asked to proceed to the nearest Resolution Point.
18.2. These Qualifying Terms of Sale have been drafted in the English language and may be translated into other languages and are available on myWimbledon. In the event of any discrepancy between the English and any translated version, the English version shall prevail.
18.3. Each Applicant consents to these Qualifying Terms of Sale himself/herself and on behalf of their Guest(s) (i.e. the Applicant shall ensure that their Guest(s) understand(s), agree(s) with and will conform to these Qualifying Terms of Sale). If the Guest is under the age of 18 each Applicant confirms that they have received proper consent to these Qualifying Terms of Sale from the Guest(s)’s appropriate parent or guardian under the Applicable Laws.
18.4. These Qualifying Terms of Sale (together with the Qualifying Conditions of Entry) constitute the entire agreement between the parties and no party shall have any claim or remedy in respect of any statement, representation, warranty or undertaking, made by or on behalf of any other party in relation to these Qualifying Terms of Sale which is not already set out in these Qualifying Terms of Sale.
18.5. Any person not a party to these Qualifying Terms of Sale shall have no rights under the Contracts (Rights of Third Parties) Act 1999 with the exception of any company within AELTC’s group of companies.
18.6. These Qualifying Terms of Sale are governed by the laws of England and Wales. The parties agree that the courts of London, England have exclusive jurisdiction to settle any dispute arising under or in connection with these Qualifying Terms of Sale. Notwithstanding the foregoing: (a) these Qualifying Terms of Sale shall not affect a person’s statutory rights as a consumer and, in particular, if the claimant lives in Scotland they can bring legal proceedings in either the Scottish or the English courts or if they live in Northern Ireland, they can bring legal proceedings in either the Northern Irish or the English courts; and (b) AELTC reserves the right to pursue legal proceedings in a competent court of the Applicant’s or Ticket Holder’s (as the case may be) domicile, where such proceedings shall be governed and interpreted in accordance with English law.